The URL can be used to link to this page

Home My WebLink About1974-1980 Town Records Book 21 1 If - (WARRANT FOR STATE PRIMARIES - SEE WARRANT BOOK) STATE PRIMARIES tt . 1 SEPTEMBER 10, 1974 In pursuance of the. foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 10, 1974 at 7:00 in the forenoon. 4.A. -.1-. . The following places were designated as the voting places for the various - -h•recincts: Precinct One, Harrington School; Precinct Two, Bowman School;” recinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, IV Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, ..Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria .t1Hastings School. Orb The election officers and Wardens of the various precincts were assigned for Ird4ty as follows: *, -1 Precinct One ; Precinct Two Mary E. Clifford f Warden R Ilda J. Field 4 . . . ..4:. Marjorie E. Wirpio Clerk R Agnes Heimlich " ..,, Virginia M. Warner , Inspector R Alice G. Marshall . 74-iXEileen J. Fradette Inspector D L. Francis Murphy Anna M. Bushard Inspector D Lorraine C. Baron .- ; Margaret K. Nelson Inspector D Margaret M. Potter ,....,,,. " , Precinct Three Precinct Four OW, Wk* W_IMarjorie Modoono 1° Warden D Edna F. Marshall Mildred M. Cronin Clerk R Rose J. Grant -....'D Mary H. Coyle Inspector D Helen C. Rooney p7 Carol A. Goldthwait Inspector R Mary G. McCauley D7 Marie T. Walton Inspector D Mary G. Oliver ilis Dorothea J. Russo Inspector R Dorothy F. LeBert irr Precinct Five ' Precinct Six ..1%* Dolores M. Swan Warden D Mary C. Casey tzTD _ Joan H. McDonough Clerk R Caroline P. Johnston e ' i-Elinor M. Vassallo Inspector D Helen G. Garten iAnne C. Williamson 1 Inspector R Ruth M. Mitchell .k:. i' . . 4$15-4. Winifred E. Ivester Inspector D Evelyn T. Lawson Gloria J. Bresnihan Inspector R Gloria D. Colbert :' ,.-0, •- Precinct Seven Precinct Eight * 7: Mary F. Irwin Warden D Joseph O. Rooney , - Ann M. Baum Clerk R Helen L. Perry Irene Norcross Inspector D Henry P. Meade Dorothy A. Shine Inspector R Margaret S. Wilson : -,-. , -. .- Norma E. Ebbs Inspector D Helen M. Hoyle -- ; . - *A3-, Mary V. Spencer Inspector R Ida B. Fisk Precinct Nine ,s,044Mary J. Ferry Warden a,,4t) .. Elizabeth F. Downey Clerk ' ' A! V*?; Mary C. Joseph M;;;.- Sally S. Hooper Inspector ,J;f4V - , - .;".T.k*:-Florence M. Downe Inspector Inspector 4-43k4- Harold W. Josephson Inspector :AAP 0,paile election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and ."i,''' ' • ained open until eight o'clock P. M. , at which time, after due notice, they e declared closed.'• .,,,: __. ci The total number of registered voters in each precinct eligible to vote as of August 13, 1974 as follows: Precinct Independents Republicans Democrats Totals ` One 727 372 863 1,962 Two 710 410 928 2,048 Three 715 302 693 1,710 Four 783 614 839 2,236 Five 829 368 790 1,987 Six 657 618 745 2,020 Seven 707 513 816 2,036 Eight 712 470 671 1,853 Nine 860 461 753 2,074 0 Totals 6,700 4,128 7,098 17,926 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9 P. M. Precinct Two 9:07 P. M. Precinct Three 9:07 P. M. Precinct Four 8:50 P. M. Precinct Five 8:55 P. M. Precinct Six 9:40 P. M. Precinct Seven 9:45 P. M. Precinct Eight 8:40 P. M. Precinct Nine 9:09 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as, follows: RQpublican Voters _ Democratic Voters Total Voted Precinct One 144 520 664 Precinct Two 173 612 785 Precinct Three 144 447 591 Precinct Four 260 482 742 Precinct Five 157 556 713 Precinct Six 294 485 779 Precinct Seven 273 596 869 La' , Precinct Eight 228 448 676 Precinct Nine 213 489 702 Totals 1,886 4,635 6,521 36% of the 17,926 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN _ MAILED IN PERSON TOTALS REP. DEM. REP. DEM. REP. DEM. Precinct One 1 7 0 2 1 9 Precinct Two 0 11 2 1 2 12 Precinct Three 1 4 2 4 3 8 Precinct Four 4 7 2 4 6 11 Precinct Five 2 6 1 6 3 12 Precinct Six 2 8 1 7 3 15 Precinct Seven 1 8 2 6 3 14 Precinct Eight 3 3 0 3 3 6 _ Precinct Nine 07 1 7 1 14 - d. Totals 14 61 11 40 25 101 e;; REPUBLICAN PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals GOVERNOR Francis W. Sargent 105 117 82 167 117 203 179 143 140 1,253 Carroll P. Sheehan 36 51 61 89 37 85 92 79 71 601 Blanks 3 5 1 4 3 6 2 6 2 32 Totals 144 173 144 260 157 294 273 228 213 1,886 _ri LIEUTENANT GOVERNOR 1 , Donald R. Dwight 118 133 118 196 126 242 222 162 171 1,488 Blanks 26 40 26 64 31 52 51 66 42 398 Totals 144 173 144 260 157 294 273 228 213 1,886 ATTORNEY GENERAL Charles C. Cabot, Jr. 45 43 43 70 50 100 87 64 59 561 William Cowin 34 51 49 79 36 78 90 74 64 555 Josiah A. Spaulding 52 62 38 88 52 97 79 68 77 613 Blanks 13 17 14 23 19 19 17 22 13 157 Totals 144 173 144 260 157 294 273 228 213 1,886 SECRETARY John M. Quinlan 110 127 107 192 113 225 208 169 157 1,408 Blanks 34 46 37 68 44 69 65 59 56 478 Totals 144 173 144 260 157 294 273 228 213 1,886 TREASURER Erna Ballentine 1 0 3 3 2 3 1 0 0 13 Blanks 143 173 141 257 155 291 272 228 213 1,873 I 71 Totals 144 173 144 260 157 294 273 228 213 1,886 AUDITOR Blanks 144 173 144 260 157 294 273 228 213 1,886 Totals 144 173 144 260 157 294 273 228 213 1,886 CONGRESSMAN - 5th DISTRICT Paul W. Cronin 120 142 120 220 134 246 223 189 178 1,572 Paul E. Tsongas 1 0 0 0 0 0 0 0 0 1 Blanks 2331 24 40 23 48 50 39 35 313 Totals 144 173 144 260 157 294 273 228 213 1,886 COUNCILLOR - 6th DISTRICT (PRECINCTS 1, 2, 3 & 5) Denis Barber 1 0 0 1 2 Blanks 143 173 144 156 616 Totals 144 173 144 157 618 COUNCILLOR - 3rd DISTRICT (PRECINCTS 4, 6, 7, 8 & 9) Denis Barber 0 3 0 0 0 3 Blanks 260 291 273 228 213 1,265 L-eTotals 260 294 273 228 213 1,268 m SENATOR - 4th MIDDLESEX DISTRICT (PRECINCTS 1, 2, 3 & 5) Arthur Spector 0 0 0 1 1 Blanks 144 173 144 156 617 Totals 144 173 144 157 618 REPUBLICAN PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr. 7 Pr.8 Pr.9 Totals SENATOR - 5th MIDDLESEX DISTRICT (PRECINCTS 4, 6, 7, 8 & 9) Ronald C. MacKenzie 204 235 228 181 175 1,023 Blanks 56 59 45 47 38 245 Totals 260 294 273 228 213 1,268 REPRESENTATIVE IN GENERAL COURT - 35th MIDDLESEX DISTRICT (PRECINCTS 1, 2, 3, 4, 5 & 6) Lincoln P. Cole, Jr. 127 149 126 222 140 254 1,018 Blanks 17 24 18 38 17 40 154 Totals 144 173 144 260 157 294 1,172 REPRESENTATIVE IN GENERAL COURT - 37th MIDDLESEX DISTRICT (PRECINCTS 7 & 8) Marietta P. Ellis 138 107 245 Robert W. Rimbach 110 98 208 Blanks 25 23 48 Totals 273 228 501 REPRESENTATIVE IN GENERAL COURT - 38th Middlesex District (PRECINCT 9) Edward M. Dickson 150 150 Blanks 63 63 Totals 213 213 DISTRICT ATTORNEY - NORTHERN DISTRICT Blanks 144 173 144 260 157 294 273 228 213 1,886 Totals 144 173 144 260 157 294 273 228 213 1,886 COUNTY COMMISSIONER - MIDDLESEX ::j Richard D. Bush 2 1 3 Blanks 144 173 144 260 155 293 273 228 213 1,883 Totals 144 173 144 260 157 294 273 228 213 1,886 SHERIFF - MIDDLESEX COUNTY John J. Buckley 125 137 117 210 126 239 219 168 164 1,505 Blanks 19 36 27 50 31 55 54 60 49 381 Totals 144 173 144 260 157 294 273 228 213 1,886 DEMOCRATIC PARTY BALLOT GOVERNOR Michael S. Dukakis 369 498 373 404 447 439 510 367 396 3,803 Robert H. Quinn 131 100 71 67 98 44 78 76 88 753 Blanks 20 14 3 11 11 2 8 5 5 79 Totals 520 612 447 482 556 485 596 448 489 4,635 :iJ LIEUTENANT GOVERNOR Eva B. Hester 79 87 77 82 81 85 98 75 94 758 Christopher A. Iannella 98 95 83 87 101 76 123 77 100 840 John Pierce Lynch 27 20 18 9 21 14 19 11 8 147 Thomas P. O'Neill,III 180 233 169 176 212 183 211 182 178 1,724 Thomas Martin Sullivan 46 35 22 32 36 29 30 29 37 296 Blanks 90 142 78 96 105 98 115 74 72 870 Totals 520 612 447 482 556 485 596 448 489 4,635 L- DEMOCRATIC PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals S ATTORNEY GENERAL Francis X. Bellotti 80 92 68 54 90 50 54 85 90 663 Barry T. Hannon 13 7 1 7 10 8 8 1 8 63 Edward F. Harrington 87 110 67 103 103 87 129 80 77 843 Edward M. O'Brien 7 15 12 8 7 6 16 13 17 101 S. Lester Ralph 174 254 175 202 206 250 257 165 177 1,860 George L. Sacco 124 91 102 77.2 113 67 87 85 100 841 Blanks 35 43 22 36 27 17 45 19 20 264 7 Totals 520 612 447 482 556 485 596 448 489 4,635 SECRETARY John F. X. Davoren 110 101 66 68 114 71 83 80 82 775 Paul H. Guzzi 337 421 336 346 373 343 426 323 345 3,250 Blanks 73 90 45 68 69 71 87 45 62 610 Totals 520 612 447 482 556 485 596 448 489 4,635 TREASURER Robert Q. Crane 211 209 150 173 213 181 198 161 179 1,675 Charles Mark Furcolo 219 239 197 191 228 185 250 212 232 1,953 Blanks 90 164 100 118 115 119 148 75 78 1,007 Totals 520 612 447 482 556 485 596 448 489 4,635 AUDITOR Thaddeus Buczko 312 314 230 255 327 228 291 269 291 2,517 Blanks 208 298 217 227 229 257 305 179 198 2,118 Totals 520 612 447 482 556 485 596 448 489 4,635 CONGRESSMAN - 5th DISTRICT 7 William C. Madden ' 221 212 134 139 197 118 164 148 193 1,526 Paul E. Tsongas 243 350 274 291 300 331 376 259 249 2,673 Blanks 56 50 39 52 59 36 56 41 47 436 Totals 520 612 447 482 556 485 596 448 489 4,635 COUNCILLOR - 6th DISTRICT (PRECINCTS 1, 2, 3 & 5) Charles L. Buckley 58 46 48 75 227 G. Joseph Leahy 38 73 15 14 140 Vincent A. LoPresti 55 39 41 61 196 James F. McCarthy 33 41 22 36 132 Thomas M. Nee 77 96 74 85 332 Thomas Robbat 23 16 19 17 75 Richard C. Vendola 15 15 16 25 71 Blanks 221 286 212243 962 Totals 520 612 447 556 2,135 COUNCILLOR - 3rd DISTRICT (PRECINCTS 4, 6, 7, 8 & 9) Herbert L. Connolly 230 197 240 224 233 1,124 Blanks 252 288356 224 256 1,376 1 Totals 482 485 596 448 489 2,500 SENATOR - 4th MIDDLESEX DISTRICT (PRECINCTS 1, 2, 3 & 5) John W. Bullock 272 273 152 237 934 Gene L. English 127 143 136 148 554 Blanks 121 196 159 171 647 Totals 520 612 447 556 2,135 DEMOCRATIC PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR - 5th MIDDLESEX DISTRICT (PRECINCTS 4, 6, 7, 8 & 9) Robert Frenier 0 0 0 1 0 1 Blanks 482 485 596 447 489 2,,499 Totals 482 485 596 448 489 2,500 REPRESENTATIVE IN GENERAL COURT - 35th MIDDLESEX DISTRICT (PRECINCTS 1, 2, 3, 4, 5 & 6) Blanks 520 612 447 482 556 485 3,102 Totals 520 612 447 482 556 485 3,102Li] REPRESENTATIVE IN GENERAL COURT - 37th MIDDLESEX DISTRICT - (PRECINCTS 7 & 8) Carol C. Amick 362 268 630 Robert C. Frenier 213 157 370 Blanks 21 23 44 Totals 596 448 1,044 REPRESENTATIVE IN GENERAL COURT - 38th MIDDLESEX DISTRICT - (PRECINCT 9) Blanks 489 489 Totals 489 489 DISTRICT ATTORNEY - NORTHERN DISTRICT John J. Droney 290 285 204 222 296 194 259 232 238 2,220 Blanks 230 327 243 260 260 291 337 216 251 2,415 Totals 520 612 447 482 556 485 596 448 489 4,635 COUNTY COMMISSIONER - MIDDLESEX COUNTY John L. Danehy 120 118 67 75 116 56 69 71 81 773 William J. Clements 39 37 24 23 34 29 48 40 42 316 Charles I. Clough, Jr.130 197 160 179 190 220 223 143 156 1,598 Pasquale R. Coppola 39 22 40 32 40 12 31 33 41 290 Edward A. Doherty 22 21 17 14 25 8 23 22 22 174 Thomas E. McManus 24 22 16 17 12 19 20 15 30 175 Blanks 146 195 123 142 139 141 182 124 117 1,309 Totals 520 612 447 482 556 485 596 448 489 4,635 SHERIFF - MIDDLESEX COUNTY Walter J. Sullivan 316 311 226 249 320 217 285 251 267 2,442 John J. Buckley 0 0 0 0 0 0 0 1 0 1 Blanks 204 301 221 233 236 268 311 196 222 2,192 Totals 520 612 447 482 556 485 596 448 489 4,635 A true copy. Attest: 2 k a at-1441A, 4 r� ( U Mary R. McDonough, Town Clerk -- — -- --- ------------------ - 7 (WARRANT FOR STATE ELECTION - SEE WARRANT BOOK) STATE ELECTION NOVEMBER 5, 1974 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 5, 1974 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Ilda J. Field R Marjorie E. Wirpio Clerk R Agnes Heimlich R Virginia D. Tobler Inspector R Alice G. Marshall D Anna M. Bushard Inspector D L. Francis Murphy D Margaret K. Nelson Inspector D Lorraine C. Baron R Barbara M. Collins Inspector D Margaret M. Potter Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Rose J. Grant D Mary H. Coyle Inspector D Helen C. Rooney R Carol A. Goldthwait Inspector R Mary G. McCauley D Marie T. Walton Inspector D Mary G. Oliver R Dorothea J. Russo Inspector R Dorothy F. LeBert Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Joan H. McDonough Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector D Helen G. Garten D Anne C. Williamson Inspector R Ruth M. Mitchell R Winifred E. Ivester Inspector D Evelyn T. Lawson D Gloria J. Bresnihan Inspector R Gloria D. Colbert Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph O. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector D Henry P. Meade D Dorothy A. Shine Inspector R Margaret S. Wilson R Norma E. Ebbs Inspector R Ida M. Fisk D Marguerite A. Cronin Inspector D Helen M. Hoyle Precinct Nine 1 D Mary J. Ferry Warden D Elizabeth F. Downey Clerk D Mary C. Joseph Inspector R Sally S. Hooper Inspector �—' R Florence M. Downe Inspector R Harold W. Josephson Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. tl The total number of registered voters in each precinct eligible to vote as of October 8, 1974 as follows: Precinct Independents Republicans Democrats Totals One 678 397 966 2,041 Two 666 426 1,026 2,118 Three 685 319 755 1,759 Four 786 623 895 2, 304 Five 767 387 885 2,039 Six 630 640 792 2,062 Seven 691 522 876 2,089 Eight 663 494 729 1,886 Nine 845 482 805 2,132 Totals 6,411 4,290 7,729 18,430 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:30 P. M. Precinct Two 9:38 P. M. Precinct Three 9:25 P. M. Precinct Four 9:25 P. M. Precinct Five 8:45 P. M. Precinct Six 9:30 P. M. Precinct Seven 10:17 P. M. Precinct Eight 9:10 P. M. Precinct Nine 9:30 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 1,402 voters cast their vote Precinct Two 1,484 voters cast their vote Precinct Three 1,208 voters cast their vote Precinct Four 1,550 voters cast their vote Precinct Five 1,356 voters cast their vote Precinct Six 1,497 voters cast their vote 1 Precinct Seven 1,504 voters cast their vote Precinct Eight 1,344 voters cast their vote Precinct Nine 1,503 voters cast their vote Total 12,848 voters cast their vote 69.7% of the eligible 18,430 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS TOO LATE UNUSED IN PERSON One 4 4 0 0 0 Two 4 4 0 0 0 Three 5 5 0 0 0 Four 13 13 0 0 0 Five 9 9 0 0 0 Six 9 9 0 0 0 Seven 13 13 0 0 0 Eight 11 10 1 0 0 Ili Nine 1212 0 0 0 Totals 80 79 1 0 0 O ABSENTEE BALLOT BREAKDOWN (CONT.) SERVICEMAN - VOTER APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS TOO LATE UNUSED One 0 0 0 0 0 Two 1 1 0 0 0 Three 0 0 0 0 0 Four 0 0 0 0 0 Five 0 0 0 0 0 Six 1 1 0 0 0 Seven 0 0 0 0 0 Eight 2 2 0 0 0 Nine 00 0 0 0 Totals 4 4 0 0 0 REGULAR BALLOTS MAILED One 58 46 11 0 1 Two 36 34 2 0 0 Three 25 18 6 0 1 Four 47 35 11 1 0 Five 25 16 9 0 0 Six 38 23 13 2 0 Seven 46 21 20 3 2 Eight 25 18 6 1 0 Nine 3520 13 0 2 Totals 335 231 91 7 6 Final Totals 419 314 92 7 6 BALLOTS REJECTED I Precinct One 1 Precinct Two 4 Precinct Three 2 Precinct Four 2 Precinct Five 3 Precinct Six 2 Precinct Seven 0 Precinct Eight 1 Precinct Nine 1 Total Ballots Rejected 16 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals GOVERNOR and LIEUTENANT GOVERNOR Sargent & Dwight 743 835 617 981 740 975 918 767 845 7,421 Dukakis & O'Neill 606 584 525 504 564 465 538 522 601 4,909 Gurewitz & Bivins 10 15 10 13 4 10 10 11 10 93 Kahian & Greco 21 26 33 26 29 21 19 20 28 223 Blanks 22 24 23 26 19 26 19 24 19 202 77 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 -I ATTORNEY GENERAL Francis X. Belotti 428 379 319 275 351 216 255 332 359 2,914 Josiah A. Spaulding 918 1,047 846 1,218 958 1,233 1,196 962 1,100 9,478 Jeanne Lafferty 20 20 24 20 9 26 24 20 19 182 Blanks 36 38 19 37 38 22 29 30 25 274 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 1 0 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SECRETARY OF STATE Paul H. Guzzi 881 943 812 846 884 757 833 760 885 7,601 John M. Quinlan 458 445 348 607 409 652 585 513 550 4,567 Blanks 63 96 48 97 63 88 86 71 68 680 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 STATE TREASURER Robert Q. Crane 894 893 725 882 845 804 822 803 914 7,582 Blanks 508 591 483 668 511 693 682 541 589 5,266 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 STATE AUDITOR Thaddeus Buczko 881 869 686 868 805 793 815 781 920 7,418 Blanks 521 615 522 682 551 704 689 563 583 5,430 Totals 1,402 1,484 1,208 1,550 1, 356 1,497 1,504 1,344 1,503 12,848 CONGRESSMAN - 5th District Paul W. Cronin 479 412 359 626 444 634 554 540 575 4,623 Paul E. Tsongas 879 1,015 811 872 872 824 913 769 890 7,845 Blanks 44 57 38 52 40 39 37 35 38 380 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 COUNCILLOR - 6th District (Precincts 1, 2, 3 & 5) Vincent A. LoPresti 735 641 535 649 2,560 Blanks 667 843 673 707 2,890 Totals 1,402 1,484 1,208 1,356 5,450 COUNCILLOR - 3rd District (Precincts 4, 6, 7, 8 & 9) Herbert L. Connolly 726 654 646 673 797 3,496 Blanks 824 843 858 671 706 3,902 Totals 1,550 1,497 1,504 1,344 1,503 7,398 SENATOR - 4th Middlesex District (Precincts 1, 2, 3 & 5) John W. Bullock 678 635 475 552 2,340 Helen T. Metros 135 167 162 182 646 Arthur B. Spector 335 347 246 324 1,252 Blanks 254 335 325 298 1,212 Totals 1,402 1,484 1,208 1,356 5,450 SENATOR - 5th Middlesex District (Precincts 4, 6, 7, 8 & 9) Ronald C. MacKenzie 1,195 1,179 1,156 1,000 1,147 5,677 Parker Weaver 80 64 68 80 103 395 Blanks 275 254 280 264 253 1,326 Totals 1,550 1,497 1,504 1,344 1,503 7,398 REPRESENTATIVE IN GENERAL COURT - 35th Middlesex District (Precincts 1, 2, 3, 4, 5 & 6) Lincoln P. Cole, Jr.1,008 997 844 1,140 968 1,133 6,090 Allan F. Kenney 0 0 0 0 0 1 1 Blanks 394 487 364 410 388 363 2,406 Totals 1,402 1,484 1,208 1,550 1,356 1,497 8,497 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPRESENTATIVE IN GENERAL COURT - 37th Middlesex District (Precincts 7 & 8) Carol C. Amick' 810 727 1,537 Marietta P. Ellis 530 423 953 Robert W. Rimbach 65 42 107 Blanks 99 152 251 Totals 1,504 1,344 2,848 REPRESENTATIVE IN GENERAL COURT - 38th Middlesex District (Precinct 9) Edward M. Dickson 877 877 Blanks 626 626 Totals 1,503 1,503 DISTRICT ATTORNEY - Northern District John J. Droney 839 808 646 766 759 727 721 718 835 6,819 Robert W. Rimbach 0 0 0 0 0 0 0 1 0 1 Blanks 563 676 562 784 597 770 783 625 668 6,028 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 COUNTY COMMISSIONER - Middlesex County John L. Danehy 745 708 542 709 654 635 616 639 752 6,000 Blanks 657 776 666 841 702 862 888 705 751 6,848 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 SHERIFF - Middlesex County John J. Buckley 831 955 826 1,120 889 1,123 1,110 883 1,018 8,755 Walter J. Sullivan 489 422 309 337 375 283 293 374 402 3,284 Blanks 82 107 73 93 92 91 101 87 83 809 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 1 (Legislator recess - 30 days) Yes 801 919 760 986 805 970 937 778 942 7,898 No 282 268 231 273 262 282 285 264 287 2,434 Blanks 319 297 217 291 289 245 282 302 274 2,516 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 2 (Reduce House of Representatives) Yes 917 1,041 861 1,145 932 1,125 1,072 897 1,080 9,070 No 172 159 124 145 147 138 154 155 150 1,344 Blanks 313 284 223 260 277 234 278 292 273 2,434 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 3 (Tax money for private education) Yes 615 750 582 777 614 775 711 575 690 6,089 No 468 460 396 507 466 490 520 481 543 4,331 Blanks 319 274 230 266 276 232 273 288 270 2,428 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 4 (Tax money for mass transportation) Yes 768 920 706 983 802 980 922 736 886 7,703 No 323 286 273 304 281 285 308 319 359 2,738 Blanks 311 278 229 263 273 232 274 289 258 2,407 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 Pril Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION NO. 5 - Commission -(Political campaign funds) Yes 709 772 639 840 696 779 778 677 786 6,676 No 338 365 273 391 342 421 397 312 385 3,224 Blanks 355 347 296 319 318 297 329 355 332 2,948 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 6 (State department to run medicaid) Yes 810 907 717 895 787 893 890 773 899 7,571 j a No 238 249 227 309 255 289 283 233 279 2,362 Blanks 354 328 264 346 314 315 331 338 325 2,915 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 7 (Alcoholic beverages - Restaurants 99 persons plus) Yes 814 861 746 924 789 911 923 738 884 7,590 No 348 414 302 401 371 415 390 387 405 3,433 Blanks 240 209 160 225 196 171 191 219 214 1,825 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 QUESTION NO. 8 (Amnesty - Vietnam War) Yes 607 708 592 729 597 654 688 539 591 5,705 No 531 541 437 580 536 638 587 554 680 5,084 Blanks 264 235 179 241 223 205 229 251 232 2,059 Totals 1,402 1,484 1,208 1,550 1,356 1,497 1,504 1,344 1,503 12,848 A true copy. Attest: /4111- 4 -it 40-1,044 Mary R. McDonough, Town Clerk Nancy F. Earsy, 32 Parker Street, resigned as a Town Meeting Member in Precinct 4 on February 6, 1975. Paul J. Nicholson, 2006 Massachusetts Avenue, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 4 at the March 4, 1974 election, accepted a position as Town Meeting Member from Precinct 4 on February 19, 1975. Mr. Nicholson will fill the vacancy caused by Mrs. Earsy's resignation and his term will expire on March 3, 1975 (the next Annual Town Election.) -34 Bernice Manning, 66 Hillcrest Avenue, resigned as a Town Meeting Member from Precinct 1 on February 18, 1975. This vacancy will be filled at the March 3, 1975 election by the defeated candidate that receives the highest vote. (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION MARCH 3, 1975 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 3, 1975 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; L Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Eileen J. Fradette Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Margaret M. Potter Inspector L. Francis Murphy Harold W. Josephson Inspector Lorraine C. Baron Precinct Three Precinct Four Marjorie Modoono Warden Edna F. Marshall Mildred M. Cronin Clerk Rose J. Grant Mary H. Coyle Inspector Mary G. McCauley Marie T. Walton Inspector Helen C. Rooney Carol A. Goldthwait Inspector Mary G. Oliver s Precinct Five Precinct Six Dolores M. Swan Warden Mary C. Casey Joan H. McDonough Clerk Caroline P. Johnston Anne C. Williamson Inspector Helen G. Garten Elinor M. Vassallo Inspector Gloria D. Colbert Winifred E. Ivester Inspector Barbara M. Collins Precinct Seven Precinct Eight Mary F. Irwin Warden Joseph 0. Rooney Ann M. Baum Clerk Helen L. Perry Dorothy A. Shine Inspector Margaret S. Wilson Irene Norcross Inspector Henry P. Meade Dorothea J. Russo Inspector Rita E. Kiley Precinct Nine Mary J. Ferry Warden Sally S. Hooper Clerk Florence M. Downe Inspector Mary C. Joseph Inspector Dorothy F. LeBert Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. la (March 3, 1975) The total number of registered voters in each precinct eligible to vote as of February 11, 1975 as follows: Precinct Independents Republicans Democrats Totals One 712 392 951 2,055 Two 695 421 1,019 2,135 Three 709 315 760 1,784 Four 823 612 889 2,324 Five 782 383 880 2,045 Six 656 634 784 2,074 Seven 713 523 867 2,103 Eight 692 489 709 1,890 Nine 873 480 806 2,159 Totals 6,655 4,249 7,665 18,569 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:55 P. M. Precinct Two 8:50 P. M. Precinct Three 8:50 P. M. Precinct Four 8:45 P. M. Precinct Five 8:20 P. M. Precinct Six 9:10 P. M. Precinct Seven 8:40 P. M. Precinct Eight 8:20 P. M. Precinct Nine 9 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 849 voters cast their vote Precinct Two 837 voters cast their vote Precinct Three 760 voters cast their vote Precinct Four 920 voters cast their vote Precinct Five 705 voters cast their vote Precinct Six 925 voters cast their vote 1 Precinct Seven 822 voters cast their vote Precinct Eight 741 voters cast their vote Precinct Nine 729 voters cast their vote Total 7,288 voters cast their vote 39.2% of the eligible 18,569 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS TOO LATE UNUSED IN PERSON One 5 5 Two 6 6 Three 2 2 Four 8 8 - Five 3 3 Six 5 5 Seven 4 4 , Eight 1 1 Nine 55 Totals 39 39 SERVICEMAN - VOTER , Seven 1 1 (March 3, 1975) ABSENTEE BALLOT BREAKDOWN (CONT.) REGULAR BALLOTS MAILED I PRECINCT APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PROCESSED RETURNED BALLOTS TOO LATE UNUSED One 21 17 3 0 1 Two 14 8 6 0 0 Three 24 19 4 1 0 Four 23 16 6 0 1 Five 15 7 6 1 1 """.1 Six 17 9 7 1 0 Seven 16 10 4 2 0 _ __ Eight 7 5 2 0 0 Nine 64 2 0 0 Totals 143 95 40 5 3 Final Totals 183 134 40 6 3 BALLOTS REJECTED Precinct Three 1 Precinct Eight 1 Total Ballots Rejected 2 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN Fred C. Bailey 422 398 343 548 383 575 455 451 411 3,986 Joseph A. Campbell 352 350 377 393 270 324 322 369 387 3,144 Howard M. Kassler 485 480 391 488 410 534 498 323 324 3,933 , ,---, Blanks 439 446 409 411 347 417 369 339 336 3,513 ,---- Totals 1,698 1,674 1,520 1,840 1,410 1,850 1,644 1,482 1,458 14,576 Fred C. Bailey and Howard M. Kassler were elected to the Board of Selectmen for terms ending in March 1978. SCHOOL COMMITTEE Jacqueline B. Davison 321 394 365 452 316 437 397 285 276 3,243 Otis S. Brown, Jr. 490 426 365 440 360 466 409 437 433 3,826 Blanks 38 17 30 28 29 22 16 19 20 219 Totals 849 837 760 920 705 925 822 741 729 7,288 Otis S. Brown, Jr. was elected to the School Committee for a term ending in March 1978. PLANNING BOARD Andrew M. DeFrancesco 298 267 376 298 231 262 264 297 297 2,590 I Albert P. Zabin 460 435 282 483 387 497 430 299 331 3,604 Blanks 91 135 102 139 87 166 128 145 101 1,094 Totals 849 837 760 920 705 925 822 741 729 7,288 Albert P. Zabin was elected to the Planning Board for a term ending in March 1980. MODERATOR Lincoln P. Cole, Jr. 620 572 541 699 529 705 613 602 557 5,438 Blanks 229 265 219 221 176 220 209 139 172 1,850 Totals 849 837 760 920 705 925 822 741 729 7,288 Lincoln P. Cole, Jr. was elected Moderator for a term ending in March 1976. (March 3, 1975) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals LEXINGTON HOUSING AUTHORITY William Spencer Sullivan 523 466 436 576 432 561 476 488 481 4,439 Donald B. White 0 0 0 0 0 1 0 0 0 1 Blanks 326 371 324 344 273 363 346 253 248 2,848 Totals 849 837 760 920 705 925 822 741 729 7,288 William Spencer Sullivan was elected to the Lexington Housing Authority for a term ending March 1980. { QUESTION NO. 1 - (BEANO) "'` Yes 301 202 199 234 207 206 180 201 211 1,941 No 195 200 161 275 182 275 241 184 234 1,947 Blanks 353 435 400 411 316 444 401 356 284 3,400 Totals 849 837 760 920 705 925 822 741 729 7,288 TOWN MEETING MEMBERS - PRECINCT ONE *James Cataldo 290 Sarah A. Blood 176 *Patricia K. Hagedorn 361 *Stephen W. Doran 410 *Paul J. MacKenzie 417 Ronald R. Edmonds 160 Jack L. Mitchell 229 Richard S. Glantz 262 Haskell W. Reed 265 *Jerome J. Green 292 Barry E. Sampson 245 *William J. O'Neil 303 James E. Barry 249 *Margot T. Tutun 368 Frieda Bisberg 286 Blanks 1,630 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO r - *Norman N. Connolly 408 *Frank H. Totman, Jr. 459 William F. Delay 328 *Julian J. Bussgang 412 .ter *Donald L. MacGillivray 395 Joachim R. Sinek 348 *Frank I. Michelman 511 *David W. Stumpp 351 *Arthur C. Smith 448 Blanks 2,199 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE Wallace B. Baylies, Jr. 262 *Joseph A. Campbell (Son) 313 Donald H. Briggs, Jr. 295 Benjamin J. Cohen 153 Guy D. Busa 297 *John J. McWeeney 326 *Shirley A. Byrne 322 Marion A. Plank 231 *Gloria V. Holland 378 *James P. Reilly 377 *Melvin G. Holland 363 Blanks 1,703 *Paul V. Riff in 300 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Stanley A. Brown 452 Dean H. Curtin 197 *Robert M. Gary 415 Samayla D. Deutch 354 *Martin A. Gilman 472 *Edward E. Furash 529 *Walter T. Kenney, Jr. 469 *Martin K. White 556 *Daniel I. Small 475 Blanks 2,192 __,, Donna M. Brown 329 *Elected for three years. -- (March 3, 1975) TOWN MEETING MEMBERS - PRECINCT FIVE *Arthur E. Burrell 351 *Sam Silverman 331 *Fredric S. Cohen 333 *Jonathan P. Doran 341 **Howard Cravis 315 ***Edward W. Jervis, Jr. 264 *Wallace Cupp 333 ***Robert J. Mamauola 237 *Charles W. Durkin 322 Blanks 3,897 *Robert A. Modoono 326 *Elected for three years. **Elected for two years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SIX *Levi G. Burnell 433 *William T. Spencer 492 *Charles H. Cole, 2nd 427 Martha Hauptman 381 John F. Downey, Jr. 420 Susan S. Solomon 349 *Paul W. Marshall 473 *Frank B. Stille 445 *H. Bigelow Moore 444 Blanks 2,105 *William R. Page 506 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN Gabriel Baker 287 *Jacquelyn H. Ward 365 *Renee T. Cochin 451 *Martha C. Wood 452 John F. Quinlan 233 *Lloyd Gilson 410 *David Reiner 395 Clarice B. Gordon 325 *William J. Scouler 444 John E. Taylor 272 *Jane A. Trudeau 442 Blanks 1,678 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT r-� ' I *Charles E. Connolly, Jr. 342 James E. Hart, Jr. 274 *Roy Edward Cook 357 *David A. Lavender 381 *William P. Fitzgerald 357 Gordon R. Osgood 301 *Richard A. Michelson 405 Michael A. Pellegrini 169 *Laura F. Nichols 371 *Stanley E. Toye 315 ***Albert S. Richardson, Jr. 311 Blanks 2,345 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE *Earl F. Baldwin, Jr. 364 John F. Lahiff 272 *Joan N. L. Collins 381 *Laurence A. Larssen 313 *James E. Cosgrove 346 Paul V. Mammola 168 *Richard M. Perry 385 William Spencer Sullivan 312 *Donald J. Shaw 387 Blanks 1,855 *George S. Silverman 320 *Elected for three years. A true copy. Attest: (474[4,444 l >U , Mary R. McDonough, Town Clerk Samayla D. Deutch, 6 Belfry Terrace, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 4 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 4 on March 5, 1975. Mrs. Deutch will fill the vacancy caused by the resignation of Nancy F. Earsy, 32 Parker Street, on February 6, 1975 for a term of one year expiring in March 1976. Frieda Bisberg, 30 Winchester Drive, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 1 at the --J March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 1 on March 6, 1975. Mrs. Bisberg will fill the vacancy caused by the resignation of Bernice Manning, 66 Hillcrest Avenue, on February 18, 1975 for a term of one year expiring in March 1976. Having been elected to the Board of Selectmen on March 3, 1975, Howard M. Kassler, 11 Winchester Drive, resigned as a Town Meeting Member from Precinct 1 on March 5, 1975. Haskell W. Reed, 76 Lowell Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 1 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 1 on March 7, 1975. Mr. Reed will fill the vacancy caused by the resignation of Howard M. Kassler for a term of one year expiring in March 1976. Richard K. Eaton, 40 Percy Road, resigned as a Town Meeting Member from Precinct 4 on March 6, 1975. Donna M. Brown, 3 Bond Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 4 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 4 on March 7, 1975. Mrs. Brown will fill the vacancy caused by the resignation of Richard K. Eaton for a term of one year expiring in March 1976. Alan G. Adams, 15 Somerset Road, a Town Meeting Member from Precinct 6, died on March 7, 1975. Mr. Adams had been a Town Meeting Member since 1931. John F. Downey, Jr.-, 24 Hancock Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 6 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 6 on March 13, 1975. Mr. Downey will fill the vacancy caused by the death of Alan G. Adams for a term of one year expiring in March 1976. I LL - l ANNUAL TOWN MEETING - MARCH 17, 1975 The meeting was called to order in Cary Memorial Hall st 8:02 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 191 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church of Our Redeemer. 8:04 P. M. The Moderator called for a moment of silence for two long time town meeting members who had passed away in the past two weeks - Alan G. Adams and Jack L. Mitchell. 8:05 P. M. stated The Moderator/that the town meeting would be taped for historical purposes and the repository would be the Cary Memorial Library. 8:05 P. N. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:07 P. M. The Constable's Return of the Warrant was read by the Town Clerk. 8:07 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8:08 P. M. Mr. Furash stated, that if the recommendations of his committee were followed, at this time it would appear that the tax rate would be between $74.00 and $76.00. He also stated, that because of the collective bargaining negotiations not completed at this time, that Articles 4 and 5 would not be presented at this or Wednesday's meeting but a motion would be offered that these two articles be tabled. 8:17 P. M. Mr. Furash's motion to accept and file the report of the Appropriation '-7 Committee was carried unanimously. 8:17 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:19 P. M. Joseph A. Campbell, Chairman of the Noise Pollution Study Committee, moved that the report of the Noise Pollution Study Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:21 P. M. Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8:21 P. M. Article 4. Allan F. Kenney moved that Article 4 be tabled. Carried Unanimously 8:21 P. M. (See Pages 58-65 inc.) Article 5. Allan F. Kenney moved that Article 5 be tabled. Carried Unanimously 8:21 P. M. (See Pages 64 & 65.) Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:22 P. M. (Ann. Tn. Mtg. - Mar. 17, 1975) Article 7. Presented by Allan F. Kenney. MOTION: That the sum of $664.60 be appropriated to pay the following unpaid bills rendered to the Town for the prior year: E. H. Merrifield Bus Co. $342.60 Symmes Hospital 322.00 and that such sum be raised in the tax levy. Carried Unanimously 8:23 P. M. Article 8. Presented by Edward E. Furash. MOTION: That the sum of $125,000 be appropriated for the Reserve Fund and to raise such amount $125,000.00 be transferred from the Reserve Fund - Overlay Surplus. Carried Unanimously 8:24 P. M. Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously 8:25 P. M. Article 10. Presented by Fred C. Bailey. MOTION: That the sum of $11,957.25 received in 1975 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 8:27 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. 8:32 P. M. Sam Silverman spoke in opposition stating that although this article had been approved for many years that it hadn't been used and felt that it was not necessary. 8:32 P. M. Voice vote on Mr. Kenney's motion doubted so standing vote taken as follows: Precinct In Favor Tellers Opposed 1 6 Stephen W. Doran 9 2 11 Michael J. O'Sullivan 7 3 5 Joseph A. Campbell 13 4 6 Joseph O. Rooney 7 5 9 Fredric S. Cohen 10 6 4 Paul W. Marshall 15 7 7 Jacquelyn H. Ward 13 8 13 Mary E. Shunney 7 9 8 Jane P. Buckley 7 -� At large 18 Elizabeth M. Flynn 8 Totals 87 96 Motion, as offered by Mr. Kenney, is not adopted. 8:36 P. M. James M. McLaughlin serves notice of reconsideration of Article 11. 8: 37 P. M. (Annual Tn. Mtg. - March 17, 1975) 2� Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:37 P. M. Article 13. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1976 Annual Town Meeting. Carried Unanimously 8:38 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:39 P. M. Article 15. Presented by Allan F. Kenney. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1975, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously 8:39 P. M. Article 16. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and that such amount be raised in the tax levy. 8:39 P. M. Edward E. Furash moved that this article be indefinitely postponed. 8:40 P. M. Mr. Furash's motion that this article be indefinitely postponed was declared carried by voice vote. 8:43 P. M. Article 17. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to (See install drains in such accepted or unaccepted streets or other land as Pg. 29 the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the and 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 Pg. 50) by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the f sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:43 P. M. Edward E. Furash moved to delete the sum of $50,000.00 and to sub- stitute therefor the sum of $25,000.00. 8:45 P. M. Joan P. Crothers moved that consideration of this article be post- poned until after Article 38 has been completed. 8:53 P. M. (Ann. Tn. Mtg. - March 17, 1975) Article 17. James M. McLaughlin moved the previous question which was declared (Cont. ) carried by voice vote. 8:58 P. M. Motion, as offered by Mrs. Crothers, that consideration of Article 17 to postponed until after Article 38 has been completed, declared carried by voice vote. 8:58 P. M. Article 18. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. Carried Unanimously 9 P. M. Article 19. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to con-, struct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost or otherwise; and to appropriate the sum of $21,000.00 therefor, and that such amount be raised in the tax levy. Carried by voice vote. 9:10 P. M. Article 20. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or un- accepted streets or other land as the Selectmen may determine, , subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and __J in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $340,000.00 therefor and that to raise such amount $123,050.45 be appropriatedfrom the reimbursement funds from Water Pollution Control Project No. 142, $231.55 be transferred from the unexpended balance of the amount appropriated under Article 6 of the warrant for the 1964 Annual Town Meeting, $237.57 be transferred from the unexpended balance of the amount appropriated under Article 32 of the 1970 Annual Town Meeting, $4,000.00 be transferred from the Sale of Real Estate Lots Account, $1,662.43 be transferred from the Stabilization Fund and $210,818.00 be raised in the tax levy. 9:12 P. M. Frank Sandy moved to amend the motion by adding at the end: "No funds under this article shall be expended for sewer construction in Wood Street unless they are fully reimbursed by the developer of Wo.odpark Estates". 9:17 P. M. Mr. Sandy's motion to amend declared lost by voice vote. 9:25 P. M. Motion, as presented by Mr. Busa, declared carried by voice vote. 9:25 P. M. (Ann. Tn. Mtg. - March 17, 1975) Article 21. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Concord Avenue area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $70,000.00 therefor and that such amount be raised in the tax levy. Carried by voice vote. 9:35 P. M. Article 22. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Moon Hill Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $67,000.00 therefor and that such amount be raised in the tax levy. Carried Unanimously. 9:37 P. M. Article 23. Allan F. Kenney moved that Article 23 be tabled. Carried Unanimously. 9:38 P. M. (See Page 50.) Article 24. Presented by Fred C. Bailey. MOTION: That the sum of $136,000.00 be appropriated for the pur- chase by or with the approval of the Selectmen of equipment for the [-7 Department of Public Works, and to raise such amount $124,000.00 be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) and $12,000.00 be raised in the tax levy, provided that such $12,000.00 shall be allocated to the street striping machine. Carried by voice vote. 9:49 P. M. Article 25. Presented by Fred C. Bailey. MOTION: That the sum of $5,000.00 be appropriated, in addition to the sum appropriated under Article 43 of the warrant for the 1974 annual town meeting, for the purchase of an ambulance-rescue vehicle for the Fire Department, and that such amount be raised in the tax 1 levy. Carried by voice vote. 9:50 P. M. Article 26. Presented by Allan F. Kenney. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. Carried by voice vote. 9:58 P. M. Article 27. Presented by Allan F. Kenney. MOTION: That the sum of $6,000. be appropriated for highway mainten- ance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the tax levy. Carried by voice vote. 10 P. M. �. A (Ann. Tn. Mtg. - March 17, 1975) Article 28. Margery M. Battin moved that this article be indefinitely postponed. Carried Unanimously. 10:01 P. M. Article 29. Presented by Margery M. Battin. MOTION: That the sum of $24,000.00 be appropriated for the develop- ment of Westview Cemetery and that to raise such amount $24,000.00 be transferred from Westview Cemetery Sale of Lots Fund. 10:01 P. M. Ephraim Weiss serves notice of reconsideration of Article 28. 10:03 P. M. Article 29. Motion, as presented by Mrs. Battin under Article 29, declared (Cont.) carried by voice vote. 10:04 P. M. Article 30. Presented by Fred C. Bailey. MOTION: That the sum of $20,000.00 be appropriated for air conditioning the East Lexington Branch Library, and that such amount be transferred from the Reserve Fund - Overlay Surplus. 10:05 P. M. After general discussion, Joseph O. Rooney moved the previous question which was declared carried by voice vote. 10:14 P. M. Voice vote on Mr. Bailey's motion was doubted so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 1 2 10 Michael J. O'Sullivan 8 3 9 Joseph A. Campbell 10 4 13 Joseph O. Rooney 1 5 15 Fredric S. Cohen 5 6 6 Paul W. Marshall 13 7 12 Jacquelyn H. Ward 7 8 8 Mary E. Shunney 9 9 3 Jane P. Buckley 12 At large 20 Elizabeth M. Flynn 5 Totals 105 71 Motion, as presented by Mr. Bailey, is adopted. 10:18 P. M. Article 31. Presented by Allan F. Kenney. MOTION: That the sum of $15,000.00 be appropriated for a sanitary landfill transfer station, and that such amount be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . 10:18 P. M. Edward E. Furash moved that this article be indefinitely postponed. 10:22 P. M. After general discussion, the motion to indefinitely postpone this article was declared carried by voice vote. 10:33 P. M. (Ann. Tn. Mtg. - March 17, 1975) Article 32. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated 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 r— Board, and that such amount be raised in the tax levy. Carried by voice vote. 10:36 P. M. Allan F. Kenney moved that this meeting be adjourned to Wednesday, March 19, 1975 at 8 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:36 P. M. A true copy. Attest: c4m''414`1- Maryry R. McDonough, Town Clerk [- ADJOURNED TOWN MEETING - MARCH 19, 1975 The meeting was called to order in Cary Memorial Hall at 8:04 P. M. by Lincoln P. Cole, Jr. , Moderator. There were 188 Town Meeting Members present. The invocation was offered by Monsignor Martin U. McCabe, Pastor of the Sacred Heart Church. 8:08 P. M. Article 2. Stephen Michael Politi moved that the report of the Lexington Bicentennial Committee be accepted and placed on file. ; ' 8:08 P. M. After Mr. Politi gave an explanation of his report his motion that the Bicentennial Report be accepted and placed on file was carried unanimously. 8:14 P. M. Levi G. Burnell moved that the report of the Cary Lectures Committee be accepted and placed on file. Carried Unanimously. 8:15 P. M. William T. Spencer inquired as to when the Town Manager's Report would be presented. 8:15 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that due to other priorities, collective bargaining sessions and preparation for the town meeting etc. , the Town Manager's report had been delayed but would probably be ready for next Monday's meeting. 8:15 P. M. Edward E. Furash moved that the Supplemental Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously. 8:21 P. M. Article 33. Presented by Howard M. Kassler. MOTION: That the sum of $23,000.00 be appropriated for engineering services for a study of the sanitary landfill area of the town and areas adjacent thereto leading to a land management program, and that such amount be transferred from the Reserve Fund-Overlay Surplus. 8:22 P. M. Edward E. Furash stated that the Appropriation Committee supports this article. 8:44 P. M. After general discussion, John Deutch moved the previous question which was declared carried by voice vote. 8:50 P. M. Motion, as offered by Mr. Kassler, declared carried by voice vote. 8:50 P. M. Article 34. Howard M. Kassler moved that this article be tabled. Carried Unanimously. 8:51 P. M. (See Page 67.) (Adjourned Tn. Mtg. - March 19, 1975) Article 35. Presented by Allan F. Kenney. MOTION: That the sum of $38,000.00 be appropriated for lighting the baseball field at the Center playground, and that such amount be transferred from the Reserve Fund-Overlay Surplus. 8:53 P. M. Iris G. Wheaton served notice of reconsideration of Article 33. 8:53 P. M. .�- Article 35. Daniel P. Busa, Chairman of the Recreation Committee, and James (Cont. ) Dhimos, member of the Recreation Committee, spoke for their committee in regards to the need of this particular appropriation, which is their number one priority, and answered the many questions fromthe various town meeting members. 9:18 P. M. Martin V. Sussman presented the following substitute motion: MOTION: That the sum of $19,000.00 be appropriated for lighting the baseball field at the Center playground, and that such amount be transferred from the Reserve Fund-Overlay Surplus, provided that said sum shall be used only if an equal sum be raised by private subscription. 9:20 P. M. Norman P. Cohen, Town Counsel, acted as Temporary Moderator while Moderator, Lincoln P. Cole, Jr. spoke in favor of Mr. Kenney's motion. 9:26 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that the Selectmen unanimously opposed Mr. Sussman's amendment and favored the recreation articles with the exception of Article 36 which would authorize the construction of four tennis courts at William Diamond Junior High School. 9:28 P. M. Albert P. Zabin moved the previous question which was declared L_ carried by voice vote. 9:32 P. M. Motion to amend, as presented by Mr. Sussman, declared lost by voice vote. 9:32 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 9:32 P. M. Article 36. Presented by Allan F. Kenney. MOTION: That the sum of $55,000.00 be appropriated to construct and equip a bathhouse and install a fence at the Old Res area, and that such amount be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . 9:33 P. M. Daniel L. McCabe served notice of reconsideration of Article 35. 9:55 P. M. Article 36. Daniel P. Busa, Chairman of the Recreation Committee, read a letter (Cont.) addressed to his committee from the Board of Health in reference to the health hazard at the Old Res and Dr. Charles E. Ellicott, a member of the Board of Health, explained the position of his board. Walter C. O'Connell, Town Manager stated that the Town of Lexington was not complying with State Code at the Old Res. 9:58 P. M. Daniel I. Small moved to strike the sum of $55,000.00 and substitute therefor the sum of $9,600.00. 9:58 P. M. Mr. Small explained his position - he is not in favor of the bath- house but is in favor of installing a fence. 10:01 P. M. (Adj. Tn. Mtg. - March 19, 1975) Article 36. Benedict W. Bertini, Director of Recreation, spoke of the need of (Cont.) the bathhouse and of the increasing costs. 10:05 P. M. Erik Lund moved to refer the subject of Article 36 for further study to a committee of five to be appointed by the Moderator, to report to the next annual or special town meeting. 10:08 P. M. James M. McLaughlin moved the previous question. 10:15 P. M. William J. Scouler moved to lay Article 36 on the table which was declared lost by voice vote. 10:17 P. M. Previous question, as moved by Mr. McLaughlin, declared carried by voice vote. 10:17 P. M. Motion to recommit, as presented by Mr. Lund, declared lost by voice vote. 10:17 P. M. Motion to amend, as presented by Mr. Small, declared lost by voice vote. 10:17 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Stephen W. Doran 2 2 9 Michael J. O'Sullivan 7 3 3 Joseph A. Campbell 13 4 7 Joseph O. Rooney 7 5 16 Frederic S. Cohen 4 6 11 Paul W. Marshall 7 7 6 Jacquelyn H. Ward 13 8 17 Mary E. Shunney 4 9 5 Jane P. Buckley 10 At large 20 Elizabeth M. Flynn 4 Totals 106 71 Main motion, as presented by Mr. Kenney, adopted. 10:24 P. M. Albert P. Zabin served notice of reconsideration of Article 36. 10:24 P. M. Article 37. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10:24 P. M. Article 38. Presented by Allan F. Kenney. MOTION: That the sum of $5,000.00 be appropriated for the development of paths for walking, bicycling and cross-country skiing in such locations as the Recreation Committee may determine with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 10:25 P. M. After general discussion the motion was declared carried by voice vote. 10:40 P. M. Frank Sandy serves notice of reconsideration of Article 37. 10:40 P. M. (Adj. Tn. Mtg. - March 19, 1975) ✓ Article 17. Joan P. Crothers reads a prepared amendment to Article 17 and then withdraws the amendment. (See 10:42 P. M. Pg.21 Edward E. Furash moved that Article 17 be recommitted to the Board of and Selectmen. 10:43 P. M. Pg. 50) Joan P. Crothers moved that Article 17 be tabled which was declared carried unanimously. 10:46 P. M. Article 39. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they are hereby authorized to convey an access easement 25 feet wide and 50 feet long consisting of 1,250 square feet more or less, over Town owned land shown as Lot 99 on Assessors' Property Map 69 at Adams and North Streets to Mr. and Mrs. Alden Webster on such terms as the Selectmen shall deem advisable, provided that the grantee will bear all expenses of the conveyance. Carried Unanimously 10:55 P. M. Allan F. Kenney stated that although the Board of Selectmen had recommended having town meeting sessions on Monday and Wednesday, that next week, because Wednesday will be Passover Eve, they would recommend meeting Monday and Tuesday. 10:56 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, March 24, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:57 P. M. r-- A true copy. Attest: 71i7Of, TIV4(4)1444,11 Mary R. McDonough, Town Clerk r—. ADJOURNED TOWN MEETING - MARCH 24, 1975 The meeting was called to order in Cary Memorial Hall at 8 P. M. by Moderator, Lincoln P. Cole, Jr. There were 192 Town Meeting Members present. The invocation was offered by Monsignor John P. Keilty, Pastor of St. Brigid's Church. 8:02 P. M. Article 40. Presented by Francis W. K. Smith. MOTION: That $2,000,000 be appropriated for acquiring land for open space and conservation purposes, including outdoor recreation, under G.L. c.40, s.8C as amended; and that the Treasurer with the approval of the Selectmen is authorized to borrow $2,000,000 under G.L. c.44, s. 7(3) as amended; and that the Conservation Commission, pursuant to a vote or votes to be hereafter adopted at an annual or any special town meeting designating the parcels of land to be acquired by eminent domain or otherwise, is authorized to take all action necessary to carry out the purposes of this vote. 8:03 P. M. Renee T. Cochin, an employee of Palmer & Dodge which serves as bond counsel to the Town of Lexington, abstained from voting on this article. Motion, as presented by Mr. Smith, declared carried unanimously. 8:09 P. M. Article 41. Presented by Angela E. Frick. MOTION: That this article be tabled. Carried by voice vote. 8:10 P. M. (See Page 51. ) Article 42. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 14 on Assessors' Property Map 87, now or formerly of May; that the sum of $6,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 8:11 P. M. Permission was granted to Sue Solomon, a member of the Conserva- tion Commission, to explain this article. * (see below) After general discussion,/Richard W. Souza moved to amend the motion by striking the figure $6,000.00 and substituting therefor the figure $10,000.00. 8:32 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose the amendment and are in favor of the main motion. 8:39 P. M. Richard A. Michelson asked if the land was for sale or is it to be taken. Sue Solomon answered that the owners would be willing to sell for $13,000.00. 8:39 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:41 P. M. Amendment to the main motion, as offered by Mr. Souza, declared lost by voice vote. 8:41 P. M. * (which included recommendations by Mr. Furash, Chairman of the Appropriation Comm. , with respect to the parcels of land to be considered for acquisition by the Conservation Commission, recommending that the members vote their conscience on each article,) (Adj. Tn. Mtg. - March 24, 1975) Article 42. Voice vote on the main motion not unanimous, so a standing vote (Cont. ) taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 6 2 12 Michael J. O'Sullivan 5 3 13 Joseph A. Campbell 4 4 8 John Deutch 4 5 12 Fredric S. Cohen 6 6 17 Paul W. Marshall 0 7 15 Jacquelyn H. Ward 2 8 6 Mary E. Shunney 14 9 13 Jane P. Buckley 5 At large 23 Elizabeth M. Flynn 7 Totals 128 53 More than the required two-thirds having voted in favor, the motion, as presented by Mrs. Frick, is adopted. 8:44 P. M. Article 43. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 31 on Assessors' Property Map 8, now or formerly of Mimno and described in Document No. 206309, filed with Certificate of Title No. 59482 in Middlesex South Land Registry, r-" - Book 397, Page 493; that the sum of $20,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this warrant. Carried Unanimously. 8:52 P. M. Article 44. Angela E. Frick moved that this article be tabled. Carried by voice vote. 8:53 P. M. (See Pages 51 & 52.) Article 45. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 175A on Assessors' Property Map 32, being a portion of the land conveyed to Lexington Associates, Inc. by Bernard J. Belcastro et al by deed dated January 24, 1955, recorded with Middlesex South Registry of Deeds, Book 4081, Page 98, that the sum of $70,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under r-- Article 40 of this warrant. Carried Unanimously. 8:57 P. M. Article 46. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or T ) (Adj.. Tn. Mtg. - March 24, 1975) Article 46. conservation restriction as defined in Section 31 of Chapter 18'4 (Cont.) of the General Laws or other interest in 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 Reg- istration Office; that the sum of $60,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this warrant. 8:58 P. M. Permission was granted to Gary Larson, a member of the Conservation Commission, to present this article. After general discussion, motion, as presented by Mrs. Frick, declared carried unanimously. 9:10 P. M. Article 47. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation (See as provided by Section 8C of Chapter 40 of the General Laws, any Page fee, easement or conservation restriction as defined in Section 31 55.) of Chapter 184 of the General Laws or other interest in all or any part of land shown as a parcel of land consisting of lots 25 through 29 inclusive and lot 36 of Block 19, lots 1 through 35 inclusive of Block 20, lots 1 through 16 inclusive and lots 19 through 33 in- clusive of Block 21, lots 1 through 15 and lots 18 through 31 in- clusive of Block 22, lots 1 through 14 and lots 17 through 30 in- clusive of Block 23, lots 1 through 22 inclusive of Block 24, lots 1 through 22 inclusive of Block 25, lots 1 through 22 inclusive of Block 26, lots 1 through 22 inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12 through 17 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52 of Block 34, r, lots 14 through 26 and 40 through 52 inclusive of Block 35, lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through 26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56, and lots 1 through 25 inclusive of Block 57, all as shown on "Plan of Lots at Lexington Heights, owned by M. C. Meagher", surveyed by E. A. W. Hammatt, C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24; that the sum of $5,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:13 P. M. Eric T. Clarke, Chairman of the Planning Board, spoke in opposition to this motion. 9:25 P. M. Allan F. Kenney stated that the Board of Selectmen are unanimously opposed to this article as it is not needed this year. This area is needed for a connector if it is ever built. 9:25 P. M. In answer to a question raised by William T. Spencer, Norman P. Cohen, Town Counsel, stated that, in his opinion, that the state could take this land even if it had been taken for conservation purposes. 9:28 P. M. Robert A. Bowyer moved that this article be referred Ito the Con- servation Commission, Planning Board and the Board of Selectmen and report to the next Annual Town Meeting. 9:29 P. M. Edward E. Furash, Chairman of the Appropriation Committee, spoke in favor of Mr. Bowyer's amendment. 9:41 P. M. (Arb. Tn. Mtg. - March 24, 1975) Article 47. Motion to amend, as presented by Mr. Bowyer, declared carried by (Cont. ) voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Stephen W. Doran 4 2 15 Michael J. O'Sullivan 3 3 10 Joseph A. Campbell 7 4 8 John Deutch 5 5 14 Fredric S. Cohen 3 r-- 6 3 Paul W. Marshall 14 7 11 Jacquelyn H. Ward 8 8 9 Mary E. Shunney 10 9 12 Jane P. Buckley 7 At large 17 Elizabeth M. Flynn 10 Totals 110 71 Motion to refer to the Conservation Commission, Planning Board and Board of Selectmen,_as offered by Mr. Bowyer, adopted. 9:43 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 47. 9:43 P. M. Article 48. Presented by Angela E. Frick. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:43 P. M. Article 49. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Belfry Terrace from Forest Street a distance of 350 feet, more or less, northeasterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Belfry Terrace as is necessary, and that such amount be raised in the tax levy. 9:44 P. M. Eric T. Clarke read the report of the Planning Board recommending acceptance of Belfry Terrace, with modifications. (Report filed under Article 51.) 9:48 P. M. Main motion carried by voice vote. 9:49 P. M. Article 50. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:52 P. M. r Article 51. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Columbus Street from the accepted portion a distance of 150 feet, more or less, southwesterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:53 P. M. ?. A (Adj. Tn. Mtg. - March 24, 1975) Article 51. Eric T. Clarke presented the Planning Board Report covering Articles (Cont. ) 49 through 61. 9:53 P. M. Main motion, as presented by Mr. Busa, carried unanimously. 9:54 P. M. Article 52. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Kendall Road from Sherburne Road a distance of 2230 feet, --, more or less, southerly to the Vine Brook, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:55 P. M. (Report of the Planning Board filed under Article 51. ) Main motion, as presented by Mr. Busa, carried unanimously. 9:55 P. M. Article 53. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Sherburne Road a distance of 1125 feet, more or less, from Kendall Road to 110 feet beyond Dane Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:55 P. M. (Report of the Planning Board filed under Article 51. ) Motion, as presented by Mr. Busa, carried unanimously. 9:55 P. M. Article 54. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road a distance of 1100 ft. , more or less, starting 400 feet from John Poulter Road to 150 feet beyond Sherburne Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:56 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 9:56 P. M. Article 55. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Springdale Road a distance of 900 feet, more or less, from Bates Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, --J 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:57 P. M. (Planning Board Report filed under Article 51. ) Ephraim Weiss moved that this article be referred to the Planning Board of further consideration. Mr. Weiss's motion lost by voice vote. 10:03 P. M. Motion, as presented by Mr. Busa, carried by voice vote. 10:03 P. M. ------------ (Asa. Tn. Mtg. - March 24, 1975) Article 56. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Emerson Road a distance of 1520 feet, more or less, from Maple Street to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:04 P. M. (Report of the Planning Board filed under Article 51.) Motion as presented by Mr. Busa carried unanimously. 10:04 P. M. Article 57. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Bryant Road a distance of 330 feet, more or less, from Page Road 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 14, 1975, and to authorize the Selectmen to take by eminent domaini purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:05 P. M. (Report of the Planning Board filed under Article 51. ) Motion, as presented by Mr. Busa, carried unanimously. 10:05 P. M. Article 58. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a (^ town way Bushnell Drive a distance of 470 feet, more or less, from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:05 P. M. (Report of the Planning Board filed under Article 51. ) Motion, as presented by Mr. Busa, carried unanimously. 10:06 P. M. Article 59. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Village Circle a distance of 1350 feet, more or less, from Bryant Road to the end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:07 P. M. r-- (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr.Busa, carried by voice, vote. 10:07 P. M. (Adj. Tn. Mtg. - March 24, 1975) Article 60. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Militia Drive a distance of 460 feet, more or less, from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:08 P. M. (Planning Board Report filed under Article 51.) As owners of property abutting Militia Drive, Otis S. Brown, Jr. and G. Richard Beamon signed a statement that they would abstain li from voting on this article. Eric Lund moved that this article be indefinitely postponed. 10:10 P. M. Allen Lee Whitman, Jr. moved to postpone any further consideration on this article until after Article 5. 10:17 P. M. Mr. Whitman's motion was declared lost by voice vote. 10:24 P. M. Mr. Lund's motion for indefinite postponement declared lost by voice vote. 10:24 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 10:24 P. M. Article 61. Presented by Alfred S. Busa. MOTION: That the sum of $1000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. 10:24 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 10:24 P. M. Article 62. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they are hereby authorized to convey a strip of Town owned land approximately 300 feet long on the southerly side of Wood Street, and approximately 300 feet westerly from Fairview Avenue, consisting of approximately 12,800 square feet, shown on Assessors' Property Map 59, to the Lexington Housing Authority on such terms as the Selectmen shall deem advisable, provided that grantee will bear all expenses of the conveyance. Carried Unanimously 10:26 P. M. Article 63. Allan F. Kenney moved that this article be tabled. Carried Unanimously. 10:27 P. M. (See Page 52. ) Article 64. Eric T. Clarke moved that this article be tabled. Carried Unanimously. 10:28 P. M. -- (See Pages 52 & 53.) Article 65. Eric T. Clarke moved that this article be tabled. Carried Unanimously. 10:28 P. M. (See Pages 54 & 55.) (See Page 67.) (Adj. Tn. Mtg. - March 24, 1975) Article 66. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as set forth (Approved in this article. by the 10:30 P. M. Atty. Gen., June 9, Mr. Clarke presented the Report of the Planning Board which un- 1975. animously recommends the adoption of Article 66 and filed same. Advertised 10:33 P. M. in the ►— Lexington (Article as set forth in warrant: Minute Man - To see if the Town will vote to amend the Zoning By-law by: July 10, 17 & 24, 1. Replacing the words "Except for" by the word "For" in footnote 1975) (e) of Section 27 - Schedule of Dimensional Controls. 2. Placing footnote (j) indication after the row caption "Minimum Front Yard (b) " and deleting it from that row under column CH in Section 27 - Schedule of Dimensional Controls. 3. Substituting the words "Minimum Side and Rear Yard Adjacent to Residential District" for the words "Minimum Side and Rear Yard Adjacent to RO, RS, RT, RM, RD Districts" in the row captions of Section 27 Schedule of Dimensional Controls. 4. Substituting the words "Residential District Boundary" for the words "RO, RS, RT, RM or RD District Boundary" in subsection 32.2 - Schedule of Dimensional Restrictions for Parking and Loading. 5. Adding to Section 40 - Definitions after the definition of "RECORDED" the definition "RESIDENTIAL DISTRICT: Any district in Lexington whose designation begins with R and any district in an abutting Town intended for residential use". 6. Substituting in the first sentence of Section 24 the words "permitted by Section 30" for the words "exempted by Section 31". or act in any other manner in relation thereto.) Motion, as presented by Mr. Clarke, carried unanimously. 10:34 P. M. Article 67. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended by inserting (Approved a new subsection 24.6 as follows: by the Atty. Gen., "No private way or driveway which serves a non-residential use in a June 9, non-residential district shall be built through a residential 1975. district." 10:35 P. M. Advertised in the Mr. Clarke presented the Report of the Planning Board which Lexington unanimously recommends passage of this article and filed same. Minute 10:36 P. M. Man - July 10, Voice vote on Mr. Clarke's motion is not unanimous, so a standing 17 & 24, vote taken as follows: 1975) Precinct In Favor Tellers Opposed 1 15 Stephen W. Doran 0 2 17 Michael J. O'Sullivan 0 3 14 Joseph A. Campbell 0 4 11 John Deutch 2 5 19 Fredric S. Cohen 0 6 17 Paul W. Marshall 0 7 20 Jacquelyn H. Ward 0 8 19 Mary E. Shunney 0 9 16 Jane P. Buckley 0 At large 25 Elizabeth M. Flynn 1 Totals 173 3 More than the required two-thirds having voted in favor, the motion is adopted. 10:40 P. M. (Atj. Tn. Mtg. - March 24, 1975) Article 68. Presented by Eric T. Clarke. (Approved MOTION: That Section 11.2 of the Zoning By-Law be amended by by the adding the following thereto: Atty. Gen. , June 9, "Before a foundation is constructed, a certified plot plan shall 1975. be submitted to the Building Commissioner with such information as Advertised he may deem necessary for the enforcement of the Building By-Law, in the Zoning By-Law, and other applicable laws, by-laws, rules and Lexington regulations of the Town." Minute 10:40 P. M. Man - July 10, Mr. Clarke presented the Report of the Planning Board which 17 & 24, unanimously recommends the adoption of this article,and filed same. 1975) 10:41 P. M. Angela E. Frick asked if this would apply to building lots as well as sub-divisions and Mr. Clarke answered that it would. 10:43 P. M. In answer to a question raised by Weiant Wathen-Dunn and Edward E. Furash, Norman P. Cohen, Town Counsel stated that this article would still be legal even if Article 71 did not pass. 10:46 P. M. Motion, as presented by Mr. Clarke, carried unanimously. 10:47 P. M. Article 69. Presented by Eric T. Clarke. MOTION: That Section 25.80 of the Zoning By-Law be amended by: A. Deleting the words "not more than three", B. Adding the word "only" after the words "commercial vehicle", so that the complete clause will read as follows: "garage space for parking automobiles, one of which may be a commercial vehicle only if owned or used by a person resident in the dwelling to which the garage is accessory;" 10:47 P. M. Eric T. Clarke presented the Report of the Planning Board which unanimously recommends adoption of Article 69,and filed same. 10:41 P. M. Voice vote on Mr. Clarke's motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 2 2 11 Michael J. O'Sullivan 6 3 8 Joseph A. Campbell 11 4 5 John Deutch 6 5 4 Fredric S. Cohen 14 6 7 Paul W. Marshall 9 7 6 Jacquelyn H. Ward 13 8 3 Mary E. Shunney 15 9 8 Jane P. Buckley 8 At large 20 Elizabeth M. Flynn 5 Totals 81 89 Motion, as presented by Mr. Clarke, is not adopted. 10:57 P. M. (Adj. Tn. Mtg. - March 25, 1975) Article 2. Instructing Our Representative, to open Our Minds freely to You Upon (Cont.) Matters which Appear to Us interesting to ourselves, to the Province and Posterity, and to Strengthen & confirm You in measures which (we trust) you own Judgment would have Suggested as necessary and im- portant to our Common safety & Prosperity, though we had been Silent---". Then the instructions follow at great length. In late 1774 the Town Meeting passed a number of votes relating to arming the community. One resolve contains the pledge "We shall be ready to Sacrifice our Estates, and everything dear in life, Yea, & .-- Life itself, in support of the common cause." The Town Meeting constantly bespoke itself of events in Boston; it voted in 1774 to adhere to resolves of the Continental Congress. In short, Mr. Moderator, this meeting of farmers, in a Town Meeting of a Commu- nity of about 700 people, concerned itself with events far beyond its own locale. In the words of Holmes, it "shared the passion and action of (its) time." Do I suggest this meeting now do likewise? Yes, I do, lest, again in Holmes' words, " (it) be judged not to have lived." When first approaching this subject, I was troubled by the license, poetic or otherwise, that seemed necessary to equate this meeting with that of 200 years ago. After all that was an open meeting, this a representative one. I am troubled no longer. This meeting goes back to the years of Cambridge North Precinct, to Cambridge Farms, beyond the incorporation of Lexington in 1713. It has always been a represent- ative meeting. Until 1776, the records refer to the voters as free- holders, thereafter as freemen. This all male meeting did some interesting things, some funny in a way, others not so funny. In 1781 William Diamond, having moved away, had to sue the town to recover his pay for serving as drummer, a post created by the Town Meeting in 1774. In 1793 the Town Meeting voted to buy seats for Negroes in the Meeting House. Not until 1881 did the Town Vote, by the stirring margin of 16 to 2, to petition the legislature for an act permitting women to vote in town affairs and to hold office. Not until 39 years later, when the Constitution of the United States was amended in 1920, did women participate in Town Meeting. A bare ten years later the representative type of meeting came to Lexington, then numbering nearly 9500 people, with just over 4000 registered voters. The 1928 petition to the legislature for authority for this structure of government passed the Town Meeting by a vote of 120-106, a total barely exceeding the size of the representative town meeting which it sought. Final approval by the Town came the next year on a vote of 497 - 234, approximately 18% of the voters participating. At the first election under the new plan 289 people sought 202 seats; on this occasion over 3,000 people voted, 75% of those registered. So in a very real sense this has been a representative meeting for many, many years. Its members are here because they want to be here, and having been elected, they acquire responsibilities as broad as the interests of the Town itself. To be sure the State Constitution and the general laws bound its authority; 'twas ever thus, even in the days of the General Court of the Province of Massachusetts Bay. The problems are different now. The values of Lexington and Concord found their way into our constitutions; ours is a job of conservation and development, not of revolution. Other values were articulated following that unsuccessful rebellion of 1860 to 1865. We glory in the victory of the 18th century revolutionaries and we are grateful for the preservation of the nation through the defeatof those of the 19th century. The values of these events we find in our constitutions, in the Bill of Rights, in equal protection of the laws, but their nurture L is for us. I recently heard it said in this place that constitutional considerations are not for Town Meeting, they are for the lawyers and the courts. They are much too precious for that. For too long as a people we have left these values to the courts, despite warnings from thoughtful jurists that we are asking courts to carry burdens which in the nature of thingsthey cannot and ought not to carry. Judge Learned Hand expressed such a view, followed by this famous passage: "You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think anyone can say what will be left of those (Adj. Tn. Mtg. - March 25, 1975) Article 2. principles; I do not know whether they will serve only as counsels; (Cont.) but this much I think I do know -- that a society so riven that the spirit of moderation is gone, no court can save, that a society where that spirit flourishes, no court need save; that in a society which evades its responsibilities by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish." Some years ago when I was Moderator I used to go on the Town Meeting member tours, partly to find out what was going on, and partly to try to put together the names and faces of the new members. A curious thing happened over and over again. I was constantly asked the same question, "How many nights do you think, Bob, how many nights this year?" Yes, brevity has virtue, of that I am now painfully aware, and it would be great if we could confine dis- cussion to the really important, and rarely consider an article more than once. But given effort to identify the important and to stay with it, the quality of this meeting surely cannot be measured in terms of a small numbered response to the question, how many nights? Neither, I would suggest with great respect to the hard-working citizens to my right, those legitimate guardians against waste, neither is the size of the tax rate the one true barometer of success of the meeting. Holmes has said that taxes are what we pay for civilized society. When I divide the tax by the number of days in the year, I am amazed at how much, tangible and intangible, we receive. And I deeply believe that the quality of a community is to be measured more by how much we can do together than by how little we can get by with. I have suggested that this meeting not try to avoid the terrible problems facing Boston, the country, the world. These are our problems, as they were recognized to be 200 years ago. Our relation- ship to these problems should be discussed in this place. These problems are controversial; to use an overworked but very appropriate word, they are divisive. My own feeling is that we have suffered as a people from a malaise of the political spirit since the dreadful events of 1963 and 1968. The agony of Vietnam has touched this _-) community in many ways, and we are all adept at interpreting Lex- ington's history to bring it into harmony with our own pictures of the present. We need a rededication to Judge Hand's spirit of moderation, not to the moderation of the uninvolved, but to a spirit of civility with each other, that civility which necessitates the procedures by which this meeting is governed. In an atmosphere of civility we can come together and work out informed positions on tough problems. If for want of such civility we shrink from those problems we are in trouble. Earl Warren put it this way: "Our nation stands at a crossroads. As we face the future, we must make a choice on which way we shall travel. One leads to that plural society to which we rededicate ourselss when- ever henever we repeat the Pledge of Allegiance. That road leads to unity of purpose and action which will make life meaningful for all. - The other road would divide us into segments of discontented people with a divisiveness that leaves no room for the happiness and contentment of the children of any of us in the forseeable future. " I believe in symbols. On the walls of the High School Auditorium are two inscriptions: on one wall "What a Glorious Morning for America"; on the other, "Every Man is the Architect of His Own Future" (and man can and must be read to include woman) . Those inscriptions belong here as well, for between the heritage on the one hand and the future on the other, this meeting is the workshop; what happens here is the -- blueprint for tomorrow; however well it is done, it becomes the heritage we leave for the generations unborn. What happens here today takes on far more meaning because of what happened then. The country pays attention to what we do, because of what they did. It is at once our unique opportunity and our very special burden. Mr. Moderator, I believe that the relationship of this Town Meeting to the events of 200 years ago can be expressed in a question drawn from those words of Jones Clarke brought so vividly to our own con- sciousness through the work of Doris Pullen: "They Nobly Dar'd". How nobly dare do we?" 8:13 P. M. (Adj. Tn. Mtg. - March 24, 1975) Allan F. Kenney moved that the meeting be adjourned to Tuesday, March 25, 1975 at 7:45 P. M. in Cary Memorial Hall. 10:58 P. M. Arthur C. Smith asked for the approximate date that Articles 4 and 5 would be taken up. 10:59 P. M. Allan F. Kenney stated that Articles 4 and 5 would be brought up about April 7. 11 P. M. .--. Motion to adjourn to Tuesday, March 25, 1975 at 7:45 P. M. in Cary Memorial Hall was declared carried by voice vote. 11:02 P. M. A true copy: Attest: 40;14 Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 25, 1975 The meeting was called to order at 7:45 P. M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There 181 Town Meeting Members present. The invocation was offered by Rev. Herbert R. Adams, Pastor of the Follen Church. 7:48 P. M. The Moderator stated that the meeting was in recess subject to the call of the chair. 7:50 P. M. li]The Moderator called the meeting to order at 7:52 P. M. Article 2. At the request of the Town Meeting Members Association, the Moderator stated that the Bicentennial Committee, under Article 2 ,as part of its report, sponsored Professor Robert B. Kent to present a dissertation on the heritage of town meeting. Professor Kent, who is a former Town Moderator, made the following presentation: "When members of the Town Meeting Members Association first spoke with me concerning this talk, I was quite in awe of the prospect of such an invitation. I remain so. Beyond that I feel deeply honored., I shall try to follow the admonition of a colleague contained in his instructions to law students charged with writing a paper, to at least try to say something w orthwhile and to try to say it well. I am grateful to those who have helped me. Many of us find a need to identify in some way with the events which Lexington celebrates annually. The special celebration this year evokes, I think, a special need for that identification. I interpret the desire of members of the Town Meeting to hear some reflections on this subject as an expression of that need. One of my favorite flights of fancy is to speculate on the positions I might have taken had I been alive at earlier times which we have come to look upon as great moments in history. Never having had any affinity for organizations which advocate overthrow of established government by force and violence, I have never been at all certain that in 1775 I would have been a Patriot and not a Tory. Not only may one express doubt about whether, deprived of the ad- vantage of hindsight, he would be on the side we now declare to be that of the angels; would we have even recognized that we stood at a turning point in history? The answer here is almost surely "no", and indeed the participants in those great events were doubtless but dimly aware, if that, of the part they played in what we now view as belonging to the ages. There is something unsettling about this. We are talking about the beginnings of independence, yet in contemporary terms we are talking about civil disobedience, disobedience in aid of protecting a cache of arms gathered for purposes of which established government understandably took a dim view, a view which subsequent events proved to be quite warranted. On April 19th we celebrate that disobedience, and the revolution to which it helped give birth. Our reaffirmation of the rightness of those events rests on our understanding of the values involved, of the principle of government by law and not by arbitrary fiat, and ultimately the principle of self-government. There can be no doubt about it, Mr. Moderator, this Town Meeting was deeply enmeshed in events leading up to April 19, 1775. In 1765 the Town Meeting adopted strong resolutions against the Stamp Act. In 1769 it voted not to use tea or permit tea or snuff to be kept until the duty be removed. In 1772 it passed strong resolutions on the unhappy state of the colony, authored by Rev. Jones Clarke. The meeting directed the Representative of the General Court to take positions consonant with the Town's views; Hark, Mr. Moderator: "Sir It is not to call in Question your Capacity, Disposition or Fidelity of our Estimation of which we have Given the fullest Evidence, in the Choice we have made of You to Represent Us in the General Court of this Province; but in exercising our Right of f (Adj. Tn. Mtg. - March 25, 1975) Article 70. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended by adding a * (See new subsection 24.7 as set forth in this article. below. 8:15 P. M. Article (Article as set forth in the warrant: as amended ARTICLE 70. To see if the Town will vote to amend the Zoning By-Law Approved by inserting a new subsection 24.8 as follows: r--- by the Atty. Gen., "Every swimming pool shall be completely surrounded by a fence or wall June 9, not less than four (4) feet in height. Each such fence or wall shall 1975. be so constructed as not to have openings, holes, or spaces larger Advertised than four (4) inches in any direction, except for doors and gates and in the except for picket fences where the space between pickets shall not Lexington exceed four (4) inches." Minute Man - or act in any other manner in relation thereto.) July 10, 17 & 24, Eric T. Clarke presented the Report of the Planning Board unanimously 1975) recommending adoption of Article 70-and filed same. 8:17 P. M. Frank Sandy moved to refer this article to the Planning Board and then withdrew his motion. 8:24 P. M. Albert P. Zabin moved to amend the main motion by inserting after the word "pool" and between the word "shall" the words "as defined in Sec. 422.1 of the Massachusetts State Building Code". 8:25 P. M. Mr. Zabin's motion to amend declared carried by voice vote. 8:27 P. M. Motion, as amended, now reads: _ MOTION: To amend the Zoning By-Law by inserting a new subsection 24.8 as follows: (Motion "Every swimming pool as defined in Sec. 422.1 of the Massachusetts State Building Code shall be completely surrounded by a fence or wall as not less than four (4) feet in height. Each such fence or wall shall be so constructed as not to have openings, holes, or spaces larger than Amended) four (4) inches in any direction, except for doors and gates and except for picket fences where the space between pickets shall not exceed * (See four (4) inches." Above ) Motion, as amended, declared carried unanimously. 8:28 P. M. Article 71. Presented by Eric T. Clarke. MOTION: That Se.ctiOn 11 of the Zoning By-Law of ;the Tdwn be amended by: A. Substituting the words "Zoning Officer" for the words "Building Inspector" in the first four paragraphs and substituting the words "Building Commissioner" for the words "Building Inspector" in subsections 11.2, 11.3 and 11.4. B. Substituting a new first paragraph to read as follows: "The Zoning Officer as appointed is hereby designated and authorized as the officer charged with the enforcement of the Zoning By-Law." 8:28 P. M. Mr. Clarke presented the Report of the Planning Board which unanimously recommended the adoption of Article 71 and filed same. 8:28 P. M. (Adj . Tn. Mtg. - March 25, 1975) Article 71. Edward E. Furash presented the following amendment: (Cont.) Under Article 71, I move that the subject matter of this article be (Amendment referred to the Selectmen's Personnel Advisory Board and that this Adopted) committee shall review and report to the next Annual Town Meeting on this subject and all related matters of inspection, including, but not limited to such topics as fire, building, plumbing, electrical, wetlands and other inspection matters, for the purpose of proposing comprehensive organization and staffing plans for all such inspection and monitoring matters. 8:30 P. M. Eric T. Clarke stated that he would like to have the Town Manager speak on this article. 8:32 P. M. Walter C. O'Connell, Town Manager, stated that this is just a housekeeping article - it is to correct the terminology in the Zoning By-Law. He also stated that there has been an increase in the workload of the Building Inspector because of the new Massa- chusetts Building Code. 8:36 P. M. Amendment, as presented by Mr. Furash, declared carried by voice vote. 8:42 P. M. Lois W. Brown served notice of reconsideration of Article 71. 8:42 P. M. Article 72.Presented by Eric T. Clarke. MOTION: That the sum of $12,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board tbmake general planning studies of such matters, but not limited to, downtown parking, transportation, the future use and development of Hanscom Field, hydrological studies, soil studies, and bi- centennial studies, and that such amount be raised in the tax levy. 8:43 P. M. Mr. Clarke then spoke on this motion. 8:47 P. M. Edward E. Furash moved that this article be indefinitely postponed. 8:48 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously supported the main motion offered under this article. 8:55 P. M. Indefinite postponement declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Stephen W. Doran 6 2 13 Michael J. O'Sullivan 4 3 10 Joseph A. Campbell 6 4 12 Joseph O. Rooney 2 5 13 Fredric S. Cohen 5 6 7 Paul W. Marshall 11 7 13 Jacquelyn H. Ward 6 8 18 Mary E. Shunney 2 9 8 Jane P. Buckley 7 At large 10 Elizabeth M. Flynn 9 Totals 112 58 Motion to indefinitely postpone is adopted. 9:02 P. M. Allan F. Kenney served notice of reconsideration of Article 72. 9:02 P. M. (Adj. Tn. Mtg. - March 25, 1975) Article 73. Presented by Fred C. Bailey. MOTION: That the Town accept Section 65 of Chapter 44 of the General Laws. 9:03 P. M. (Chapter 44, Section 65. ADVANCES OF VACATION PAY TO OFFICERS AND EMPLOYEES. In any city which accepts this section by vote of the city council, with the approval of the mayor, and in any town which accepts this section at a town meeting, advances of pay may be made to any officer or employee thereof in advance of his regular vacation to the extent of the pay to which he is about to be entitled during such vacation period under such regulations as the city or town treasurer may prescribe.) Motion, as presented by Mr. Bailey, carried by voice vote. 9:03 P. M. Article 74. Presented by Margery M. Battin. MOTION: That the Town accept Section 8D of Chapter 40 of the General Laws and that an historical commission consisting of five members be appointed by the Town Manager, with the approval of the Selectmen for terms of three years expiring on April 1 except that the initial appointments shall be one member for one year, two members for two years and two members for three years. 9:04 P. M. Mrs. Battin stated that the Board of Selectmen unanimously support the establishment of a historical commission. 9:08 P. M. Elizabeth Reinhardt, Dan H. Fenn, Jr. and Roland B. Greeley spoke for the Lexington Historical Society in favor of this motion. L Donald J. Shaw stated that the Historic Districts Commission un- animously supported this motion. 9:25 P. M. Motion, as presented by Mrs. Battin, carried unanimously. 9:28 P. M. Article 75. Presented by Margery M. Battin. MOTION: (a) That the General By-Laws of the Town of Lexington be (See amended by adding a new Article XXXII to read as follows: next page "Article XXXII - Council On Aging for motion Section 1. There shall be a council on aging for the purpose of as coordinating or carrying out programs designed to meet the problems amended) of the aging in coordination with programs of the department of elder affairs. Section 2. The council shall consist of seven members to be appointed by the Town Manager with the approval of the Selectmen for terms of three years expiring on April 1 except that the initial appointments shall be two members for one year, two members for two years and three members for three years." (b) that the sum of $5000.00 is appropriated for the Council on Aging, and that such amount be raised in the tax levy. 9:28 P. M. Mrs. Battin stated that the Board of Selectmen unanimously favored passage of this article. 9:30 P. M. (Adj. Tn. Mtg. - March 25, 1975) Article 75. Rev. Shirley Goodwin, Chairman of the Lexington Committee on (Cont. ) Aging explained the need of such a council. 9:37 P. M. Allan F. Kenney moved to amend the motion by deleting the words "be raised in the tax levy" and substitute therefor the words "be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . 9:37 P. M. Mr. Kenney's motion to amend carried unanimously. 9:37 P. M. J. Keith Butters moved to amend the motion by deleting the words ---� "April 1" and substituting therefor the words "June 1". 9:38 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:44 P. M. Motion to amend, as presented by Mr. Butters, carried unanimously. 9:44 P. M. Motion as amended now reads: (Motion MOTION: (a) That the General By-Laws of the Town of Lexington be as amended by adding a new Article XXXII to read as follows: amended) "Article XXXII - Council On Aging '(Approved by the Atty. Gen. , Section 1. There shall be a council on aging for the purpose June 9, 1975. of coordinating or carrying out programs designed to meet the Advertised in problems of the aging in coordination with programs of the de- the Lexington partment of elder affairs. Minute Man - July 10, 17 Section 2. The council shall consist of seven members to be & 24, 1975) appointed by the Town Manager with the approval of the Selectmen for terms of three years expiring on June 1 except that the initial appointments shall be two members for one year, two members for —' two years and three members for three years." ( (b) not (b) that the sum of $5,000.00 is appropriated for the Council included in on Aging, and that such amount be transferred from available and Atty. Gen. anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . Approval) Motion, as amended by Mr. Kenney and Mr. Butters, carried unanimously. 9:46 P. M. Article 76. Presented by Fred C. Bailey. (See Chap. MOTION: That the Board of Selectmen be and they are hereby author- 739, Acts ized to petition the General Court for an act to allow the Sel- of 1975.) ectmen to rescind their acceptance of Section 11E of Chapter 32B of the General Laws. 9:46 P. M. (Chapter 32B, Section 11E. APPROPRIATION OF FUNDS TO PAY COSTS FOR GROUP LIFE AND HEALTH COVERAGE FOR RETIRED TEACHERS, ETC.) Howard M. Kassler presented a written statement to the effect that he would abstain from voting on Article 76. Motion, as presented by Mr. Bailey, carried unanimously. 9:48 P. M. Article 77. Presented by Fred C. Bailey. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:53 P. M. (Adj. Tn. Mtg. - March 25, 1975) Article 78. Presented by Allan F. Kenney. (Motion MOTION: That the sum of $30,000.00 be appropriated for a revaluation as of all taxable property in the Town, and that such amount be trans- Adopted) ferred from the Reserve Fund - Overlay Surplus. 9:53 P. M. Mr. Kenney stated that to revaluate the whole town would cost approxi- mately $150,000.00 but they do not plan to do that at this time. By appropriating this amount, and a like amount for each year for the next four years, the town would show that they are attempting to comply with the court order which is that all towns must be assessed at 100% valuation. 9:57 P. M. Lincoln P. Cole, Jr. serves notice of reconsideration of Article 75. 9:58 P. M. Article 78. By appropriating $30,000.00 this year, Mr. Kenney stated that as (Cont.) this would be one-fifth of the $150,000.00 based on the five year plan and would show the town's good faith, but, if this five year plan is not satisfactory to the state, they would have to come back to town meeting and get the rest of the money. 10:12 P. M. Daniel L. McCabe moved to amend Article 78 by striking out the sum of $30,000. and substituting in place thereof the sum of $1,000. 10:13 P. M. Selectman, Allan F. Kenney stated that he felt that this motion to amend was a frivolous action. 10:13 P. M. Ephraim Weiss presented a substitute motion as follows: I move that the town affirm its intention of complying with all the state laws and regulations regarding revaluation of all taxed property. 10:17 P. M. In answer to a question raised by a confused Renee Cochin, the Moder- ator stated that the McCabe motion, having a larger amount of money, would be put first, and, if passed, the Weiss motion would not be put. 10:21 P. M. Motion to amend, as presented by Mr. McCabe, declared lost by voice vote. 10:24 P. M. Substitute motion, as presented by Mr. Weiss, declared lost by voice vote. 10:24 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Stephen W. Doran 0 2 10 Michael J. O'Sullivan 7 3 6 Joseph A. Campbell 10 4 10 Joseph 0. Rooney 2 5 11 Fredric S. Cohen 7 6 5 Paul W. Marshall 13 7 8 Jacquelyn H. Ward 9 _ 8 12 Mary E. Shunney 4 9 6 Jane P. Buckley 9 At large 18 Elizabeth M. Flynn 1 Totals 98 62 Main motion, as presented by Mr. Kenney, adopted. 10:26 P. M. X (Adj. Tn. Mtg. - March 25, 1975) Article 79. Presented by Marian C. Reilly. MOTION: Until the next annual Town Meeting, (1) no synthetic or non-organic, or partially synthetic or partially non-organic (See fertilizer shall be applied to any lands owned by the Town, in- Page cluding but not limited to school lands and conservation lands; 56.) and (2) such lands may be posted with signs bearing the following or a similar legend: Petroleum-based fertilizer is essential for food production. Therefore the Town of Lexington has chosen to use only organic fertilizer on its public lands. 10:28 P. M. -, After general discussion, Daniel I. Small moved to replace the word "use" with the word "purchase", and the word "on" with the word "for", both occurring in the last sentence. . 10:48 P. M. Allan F. Kenney moved to refer this article to the Board of Select- men and that it be taken up on April 7, 1975. 10:49 P. M. James Cataldo moved the previous question which was declared carried by voice vote. 10:56 P. M. Mr. Kenney's referral motion declared carried by voice vote. 10:57 P. M. Mr. Kenney stated that all articles that have been tabled, with the exception of Articles 4, 5 and 34, would be taken up on Monday, March 31, 1975. 10:57 P. M. Mr. Allan F. Kenney moved that the meeting be adjourned to Monday, March 31, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:57 P. M. A true copy. Attest: 441frif 7222 4-vA-v4- Mary R. McDonough, Town Clerk Anita M. Bonasera, 24 Theresa Avenue, resigned as a Town Meeting Member from Precinct One on March 29, 1975. Richard S. Glantz, 24 Blueberry Lane, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct One at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct One on March 31, 1975. Mr. Glantz will fill the vacancy caused by the resignation of Anita M. Bonasera for a term of one year expiring in March 1976. --j ADJOURNED TOWN MEETING HELD MARCH 31, 1975 <.; The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:02 P. M. There were 187 Town Meeting Members present. The invocation was offered by Rev. Donald Wells, Pastor of the Trinity Covenant Church. 8:04 P. M. Board of Selectmen Chairman, Allan F. Kenney, stated that his board and the Appropriation Committee had met last Saturday and would meet again next Saturday concerning the collective bargaining. 1 He stated that when tonights session is adjourned, he would move that it adjourn to April 7, 1975 and that session would be adjourned to April 14, 1975 (if his motion passed) when Articles 4 and 5 would be taken up. 8:07 P. M. Article 2. Margot Tutun moved that the Report of the Committee on Rededication of the Common be accepted and placed on file. 8:07 P. M. Mrs. Tutun asked that Rev. Harold T. Handley, Chairman of the Committee, be recognized. Mr. Handley read the committee's report and presented the following resolution: The affirmation and pledge are as follows: "We are deeply appreciative of the sacrifices our forefathers made on April 19, 1775 when, by their actions they dedicated this Common as the Birthplace of American Liberty. As an expression of that appreciation we, the citizens of Lexington, in 1975, rededicate our Common, and ourselves to the Common Cause of American Liberty. We pledge ourselves to respect the rights of others, so that we may enjoy individual freedom; We pledge ourselves to participate as informed citizens, so that we may preserve truly democratic government; We pledge ourselves to recognize both the sovereignty and the world- wide interdependence of all nations, so that our nation may continue to be free and independent". Mrs. Tutun moved that the resolution be accepted. 8:12 P. M. The Report of the Committee on Rededication of the Common was accepted and placed on file. Carried Unanimously. 8:12 P. M. Stillman P. Williams moved to amend the resolution by adding the following words at the end of the last paragraph: "and progress toward a united world". 8:13 P. M. Mr. Williams motion to amend the resolution declared carried by voice vote. 8:15 P. M. Resolution now reads: We are deeply appreciative of the sacrifices our forefathers made on (Resolu- April 19, 1775 when, by their actions they dedicated this Common as the tion Birthplace of American Liberty. As an expression of that appreciation as we, the citizens of Lexington, in 1975, rededicate our Common, and Adopted) ourselves to the Common Cause of American Liberty. We pledge ourselves to respect the rights of others, so that we may enjoy individual freedom; We pledge ourselves to participate as informed citizens, so that we may preserve truly democratic government; We pledge ourselves to recognize both the sovereignty and the world- wide interdependence of all nations, so that our nation may continue to be free and independent, and progress toward a united world." Resolution carried unanimously, 8:15 P. M. ' ' (Adj. Tn. Mtg. - March 31, 1975) Allan F. Kenney moved that Article 23 be taken from the table. Carried Unanimously. 8:15 P. M. Article 23. Allan F. Kenney moved that this article be indefinitely postponed. Carried Unanimously. 8:17 P. M. (See Page 23.) Alfred S. Busa moved to take Article 17 from the table. Carried Unanimously. 8:19 P. M. Article 17. Edward E. Furash moved to withdraw his motion that this article be recommitted to the Board of Selectmen. ""r Carried Unanimously. 8:20 P. M. (See The Moderator read the motion offered under Article 17 at the Pg. 21 March 17, 1975 Annual Town Meeting by Alfred S. Busa as follows: and MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land Pg. 29) as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the con- struction 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, ease- ment or other interest in land necessary therefor; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:22 P. M. The Moderator read the motion to amend as offered by Edward E. Furash at the March 17, 1975 Annual Town Meeting as follows: MOTION: Under article 17, I move to delete the sum of $50,000.00 and to substitute therefor the sum of $25,000.00. 8:22 P. M. Edward E. Furash moved to amend his amendment by deleting the sum of $25,000.00 and substituting therefor the sum of $40,000.00. 8:22 P. M. The drains are to be installed in Fletcher Avenue and Wood Street. Mr. Furash's motion to amend his amendment is declared carried by voice vote. 8:27 P. M. Mr. Furash's original motion to amend, as amended, declared carried by voice vote. 8:29 P. M. Main motion, as amended, now reads: (Motion MOTION: That the Selectmen be and they hereby are authorized to as install drains in such accepted or unaccepted streets or other land Amended - as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the Adopted) 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, ease- ment or other interest in land necessary therefor; and to appropriate the sum of $40,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. Main motion, as presented by Mr. Busa, and as amended by Mr. Furash, declared carried by voice vote. 8:29 P. M. Angela E. Frick moved that Article 41 be taken from the table. Carried by voice vote. 8:29 P. M. 1 � (Adj. Tn. Mtg. - March 31, 1975) Article 41. Presented by John J. McWeeney. (See MOTION: That this article be postponed to the next regular or Pg. 30) special town meeting. Carried Unanimously. 8:33 P. M. Angela E. Frick moved that Article 44 be taken from the table. Carried Unanimously. 8:34 P. M. Article 44. Presented by Manfred P. Friedman. MOTION: That the Conservation Commission be authorized to purchase (Motion or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, as for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or Adopted) 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 124 on Assessors' Property Map 34, now or formerly of (See Napoli and described in Document No. 219459, filed with Certificate Page of Title No. 63697 in Middlesex South Land Registry, Book 425, Page 31.) 581; that the sum of $205,000. be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this Warrant. 8:35 P. M. Allan F. Kenney stated that with the exception of one member that is abstaining, the Board of Selectmen unanimously opposed passage of this article. 8:55 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board is in favor of passage of this article. 8:56 P. M. Edward E. Furash stated that the Appropriation Committee is upset at paying such a high price and would like to have it sent back for negotiations. 9:08 P. M. Joseph 0. Rooney moved the previous question which was declared lost by voice vote. 9:08 P. M. Joan P. Crothers moved that action under this article be taken by the by-law as stated in Article V, Section 30 (b) . (Roll Call) . ' Mrs. Crothers's motion was declared lost by voice vote, which was doubted, so the Moderator asked if there were more than fifty members that wished to have a roll call vote and the following tally was taken: Precinct Tellers Members in Favor of Roll Call 1 Stephen W. Doran 2 2 Michael J. O'Sullivan 1 3 Joseph A. Campbell 13 4 Joseph O. Rooney 3 5 Fredric S. Cohen 3 6 Paul W. Marshall 11 7 Jacquelyn H. Ward 8 8 Mary E. Shunney 3 9 Jane P. Buckley 12 At large Elizabeth M. Flynn 3 Total 59 In accordance with the General By-Laws of the Town of Lexington, over fifty Town Meeting Members having voted in favor of a roll call vote on Article 44, motion as offered by Mrs. Crothers that acpoll of 'the meeting be taken on the action on Article 44 is adopted. 9:16 P. M. Selectman Howard M. Kassler, former Chairman of the Conservation Commission, stated that he was backing the rest of the Selectmen in opposition to this article. He would recommend appropriating $125,000.00 and leaving out the most expensive house lots. 9:25 P.M. (Adj. Tn. Mtg. - March 31, 1975) The Moderator called a brief recess at 9:25 P. M. and called the meeting to order at 9:33 P. M. Article 44. Edward E. Furash moved that this article be referred to the Con- (Cont.) servation Commission to report at the meeting of April 7. 9:35 P. M. Motion to refer, as offered by Mr. Furash, declared lost by voice vote. 9:46 P. M. The roll call vote on Article 44 was taken by the Town Clerk, Mary R. McDonough, assisted by Assistant Town Clerk, Norma B. Jervis, starting at 9:59 P. M. and completed at 10:13 P. M. The count was completed at 10:21 P. M. , results as follows: Precinct Yes No Abstained Absent Totals 1 11 7 0 3 21 2 9 9 0 3 21 3 18 2 0 1 21 4 13 7 0 1 21 5 18 3 0 0 21 6 17 4 0 0 21 7 19 1 0 1 21 8 12 7 0 2 21 9 18 0 1 2 21 At large 3 4 3 0 10 Totals 138 44 4 13 199 Motion, as presented by Manfred P. Friedman, adopted. 10:21 P. M. Allan F. Kenney moved that Article 63 be taken from the table. Carried Unanimously. 10:21 P. M. Article 63. Presented by Allan F. Kenney. MOTION: That the General By-Laws of the Town of Lexington be (See amended by adding a new Article XXXI to read as follows: Page 36) (Approved by "Article XXXI Hours of Business the Atty. Gen. , June 9, 1975. No business, engaged in the retail sale of food, which is not Advertised in otherwise licensed by the Board of Selectmen, shall sell at the Lexington retail between the hours of 1 A.M. and 5 A.M." Minute Man - July 10, 17 Carried by voice vote. 10:23 P. M. & 24, 1975) Eric T. Clarke moved that Article 64 be taken from the table. Carried Unanimously. 10:24 P. M. Article 64. Presented by Eric T. Clarke. MOTION: That the Town join the National Flood Insurance Program and that the Planning Board be authorized to take all actions (See necessary to carry out this vote. Page 10:24 P. M. 36.) After general discussion, Paul A. Plasse moved that this article be referred back to the Planning Board and report at the next Annual Town Meeting. 10:48 P. M. Motion to refer, as offered by Mr. Plasse, declared lost by voice vote. 10:59 P. M. (Adj. Tn. Mtg. - March 31, 1975) Article 64. George S. Silverman moved to amend Article 64 by adding after "this (Cont. ) vote", and to insure that land not subject to flooding is removed from Flood Hazard Boundary Maps. 11:05 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that he has no objection to Mr. Silverman's amendment. 11:10 P. M. William E. Maloney, Jr. moved the previous question which was -- declared carried by voice vote. 11:12 P. M. / Motion to amend, as offered by Mr. Silverman, declared carried by voice vote. 11:13 P. M. Main motion, as amended, now reads: (Motion MOTION: That the Town join the National Flood Insurance Program as and that the Planning Board be authorized to take all actions Amended necessary to carry out this vote, and to insure that land not -- subject to flooding is removed from Flood Hazard Boundary Maps. Adopted) Main motion, as offered by Mr. Clarke, and amended by Mr. Silverman, declared carried by voice vote. 11:13 P. M. Eric T. Clarke moved that Article 65 be taken from the table. Declared lost by voice vote. 11:13 P. M. Frank Sandy served notice of reconsideration of Article 64. 11:13 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 7, 1975 at 8 P. M. in Cary Memorial Hall. 11:13 P. M. Ephraim Weiss moved to amend the motion to read to adjourn the meeting to Wednesday, April 2, 1975 at 8 P. M. 11:14 P. M. Mr. Weiss's motion was declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Stephen W. Doran 7 2 10 Michael J. O'Sullivan 4 3 13 Joseph A. Campbell 4 4 8 Joseph 0. Rooney 5 5 10 Fredric S. Cohen 9 6 10 Paul W. Marshall 8 7 9 Jacquelyn H. Ward 8 8 4 Mary E. Shunney 16 9 11 Jane P. Buckley 5 At large 3 Elizabeth M. Flynn 21 Totals 82 87 Mr. Weiss's amendment does not prevail. 11:17 P. M. Motion, as offered by Mr. Kenney, to adjourn to Monday, April 7, 1975 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 11:17 P. M. A true copy. Attest: 47,44,7 -It /4-144-1-- Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - APRIL 7, 1975 The meeting was called to order in Cary Memorial Hall at 8:07 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 181 Town Meeting Members present. Invocation offered by Rev. Alvin Porteous, Pastor of the First Baptish Church. 8:09 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that Articles 4 and 5 would be taken up on April 14, 1975. Eric T. Clarke moved that Article 65 be taken from the table. Carried Unanimously. 8:12 P. M. Article 65. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as follows: A. By adding a new subsection 20.4 as follows: "20.4 National Flood Insurance Districts: NFID - National (See Flood Insurance Districts, which are superimposed on other Page districts, and regulated in Section 39." 36.) B. By adding a new subsection 22.6 as follows: (See "22.6 National Flood Insurance Districts: Page NFID- National Flood Insurance Districts as shown on maps 67.) entitled F. I. A. FLOOD HAZARD BOUNDARY MAPS consisting of an index map and 8 sheets numbered 01, 02, 03, 04, 05, 06, 08 and 09, dated June 28, 1974, on file with the Town Clerk." C. By adding a new section 39 as follows: "Section 39 National Flood Insurance Districts. 39.1 Any other bylaw or regulation to the contrary notwith- standing, no construction shall be permitted within the District unless the Board of Appeals shall determine that all utilities are located, elevated and constructed so as to „+ minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards; provided that such permit from the Board of Appeals shall not be required in cases where the planning board has conducted a similar review and approval under its Regulations." 8:13 P. M. Eric T. Clarke, Chairman of the Planning Board, presented the Planning Board Report covering Articles 64 and 65 and stated that a majority of the Planning Board recommended adoption of both Articles 64 and 65. He filed the minority and majority reports of his board covering Articles 64 and 65. 8:14 P. M. Nyles Nathan Barnert moved to amend the motion by removing section B in its entirety and renumbering section C as section B. 8:15 P. M. Mr. Barnert's motion to amend was declared lost by voice vote. 8:18 P. M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: (Adj. Tn. Mtg. - April 7, 1975) j Article 65. Precinct In Favor Tellers Opposed (Cont.) 1 7 Stephen W. Doran 6 2 6 Michael J. O'Sullivan 8 3 6 Joseph A. Campbell 9 4 3 John Deutch 6 5 7 Fredric S. Cohen 13 6 10 Paul W. Marshall 8 7 11 Jacquelyn H. Ward 8 8 4 Mary E. Shunney 14 -- 9 7 Jane P. Buckley 8 At large 13 Elizabeth M. Flynn 9 Totals 74 89 Main motion, as presented by Mr. Clarke, was defeated. 8:23 P. M. Eric T. Clarke served notice of reconsideration of Article 65. 8:23 P. M. Paul A. Plasse moved for reconsideration of Article 47. 8:24 P. M. The Moderator read the motion (amendment) that had been presented by Robert A. Bowyer under Article 47 at the March 24, 1975 adjourned session and had been adopted as follows: MOTION: That this article be referred to the Conservation Commission, Planning Board and the Board of Selectmen and report to the next Annual Town Meeting. 8:27 P. M. Selectmen Chairman, Allan F. Kenney, stated that his board was against con- sideration of Article 47 and they had not had time to discuss this article. 8:28 P. M. Earl F. Baldwin, Jr. moved the previous question which was declared carried by voice vote. 8:37 P. M. Motion to reconsider Article 47, as presented by Mr. Plasse, declared carried by voice vote. 8:47 P. M. Article 47. The motion on the floor is the amendment presented by Robert A. Bowyer and adopted at the March 24, 1975 Adjourned Town Meeting as follows: (See Pages MOTION: That this article be referred to the Conservation Commission, 32 & Planning Board and the Board of Selectmen and report to the next 33) Annual Town Meeting. After general discussion, Charles E. Connolly, Jr. moved the previous question which was declared carried by voice vote. 8:54 P. M. Motion to refer, as presented by Mr. Bowyer, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 13 Stephen W. Doran 1 2 8 Michael J. O'Sullivan 7 3 7 Joseph A. Campbell 9 4 5 John Deutch 8 5 9 Fredric S. Cohen 10 6 7 Paul W. Marshall 11 7 10 Jacquelyn H. Ward 8 8 6 Mary E. Shunney 14 9 9 Jane P. Buckley 8 At large 16 Elizabeth M. Flynn 5 Totals 90 81 Mr. Bowyer's motion to refer was adopted. 8:58 P. M. (Adj. Tn. Mtg. - April 7, 1975) Howard M. Kassler moved to take Article 79 from the table. Carried Unanimously. 8:58 P. M. Mr. Kassler asked that James P. and Marian C. Reilly be recognized. 8:58 P. M. Article 79. Marian C. Reilly moved to amend Article 79 as presented by her on March 25, 1975 by presenting the following substitute motion: (Sub. MOTION: In order to set an example that other municipalities and motion that individuals might follow relative to the use of fertilizers adopted) for food production, until the next annual Town Meeting: no synthetic or non-organic, or partially synthetic or partially non-organic fertilizer shall be applied to selected lands owned (See by the Town, including and limited to two areas - to the Page property around the Town Hall and also to Hastings Park, and that 48.) such lands may be posted with signs bearing the following or a similar legend: Petroleum-based fertilizers are essential to food production. Therefore the Town of Lexington has chosen to use only organic fertilizers on these public lands. 9:01 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously supported this substitute motion. 9:07 P. M. Historic Districts Commission Member, Donald J. Shaw, stated that as these signs would be within the historic districts a permit would have to be granted and that would take approximately sixty days. 9:07 P. M. Motion to substitute. .a motion declared carried by voice vote, wnich was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 6 2 7 Michael J. O'Sullivan 8 3 14 Joseph A. Campbell 2 4 5 John Deutch 8 5 10 Fredric S. Cohen 10 6 15 Paul W. Marshall 1 7 16 Jacquelyn H. Ward 2 8 6 Mary E. Shunney 14 9 15 Jane P. Buckley 3 At large 17 Elizabeth M. Flynn 3 Totals 114 57 Motion to substitute, as presented by Mrs. Reilly, prevailed. 9:17 P. M. Main motion, now the substitution motion as adopted, declared carried by voice vote. 9:20 P. M. r + Article 80. Presented by Renee T. Cochin. MOTION: That the Town Meeting instruct the School Committee to review the present school transportation policy of the Town and to formulate a policy which provides transportation at no extra user charge for all students for whom state reimbursement is available. (Adj. Tn. Mtg. - April 7, 1975) Article 80. Further, that the sum of $120,000 be appropriated, in addition to (Cont.) funds appropriated under Article 4 of this warrant, for the cost of providing bus transportation to and from school for all secondary school pupils residing at least one and one half or more miles but less than two miles from the school they attend; that such amount be raised in the tax levy; and that the School Committee is hereby directed to apply for reimbursement for the cost of such transpor- tation from the Commonwealth of Massachusetts pursuant to Chapter 71 Section 7A of the General Laws. 9:21 P. M. Mrs. Cochin and Ephraim Weiss each gave a presentation regarding the need for this particular article and Mrs. Cochin presented a petition signed by approximately 500 residents supporting this article. (Presented to School Committee.) 9:45 P. M. Two School Committee members spoke on this article - Patricia A. Swanson in opposition and Robert I. Rotberg in favor. Donald B. White stated that the Appropriation Committee opposed this article. 9:58 P. M. After much discussion, Stillman P. Williams moved the previous question which was declared carried by voice vote. 10:32 P. M. Daniel E. Power stated that he would abstain from voting on this motion. 10:43 P. M. Main motion, as presented by Mrs. Cochin, declared lost by voice vote. 10:43 P. M. Article 81. Presented by Lloyd Gilson. ""n MOTION: That the Selectmen be authorized to transfer the care, custody, management and control of the land acquired under Articles 43 and 44 of the warrant for the 1960 Annual Town Meeting to the Conservation Commission for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws. 10:44 P. M. John M. Frankovich was recognized, at the request of Mr. Gilson, to make the presentation of this article. 10:50 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board was neutral regarding this motion and felt that the article should be postponed. 10:54 P. M. Francis W. K. Smith stated that the Conservation Commission was in favor of this article. 10:55 P. M. James M. McLaughlin moved the previous question which was declared carried unanimously. 10:59 P. M. Motion, as presented by Mr. Gilson, declared carried unanimously. 11 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 14, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:01 P. M. A true copy. Attest: -ix I(\Y�� ////� ' l ' !l1 �WYt7hAr Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - APRIL 14, 1975 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P. M. in Cary Memorial Hall. There were 185 Town Meeting Members present. The invocation was offered by Rev. Henry H. Clark, Minister at the Hancock United Church of Christ. 8:06 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that Supplement No. 3 of the Appropriation Committee Report be accepted and placed on file. Carried Unanimously. 8:07 P. M. �- Mr. Furash presented, and showed to the Town Meeting, a computerized report of the Appropriation Committee ("1775 - WE ARE ALL HEART - 1975") which had been prepared by Precinct 2 Town Meeting Member, Michael J. O'Sullivan. 8:10 P. M. Allan F. Kenney moved to take Article 4 from the table. Carried Unanimously. 8:12 P. M. Article 4. Presented by Allan F. Kenney. (See MOTION: That the following amounts be appropriated for the ensuing Pg. 65 fiscal year and be raised in the tax levy except where a transfer for is indicated they shall be provided by such a transfer. final 8:14 P. M. adoption) The Moderator, at the request of Mr. Kenney, read the following line (See items under Article 4: Pg. 19) Selectmen's Department #1000 Personal Services 43,281. 1050 Expenses 7,035. 8:24 P. M. Town Manager's Office 1060 Personal Services 55,500. 1065 Expenses 1,500. 8:24 P. M. Town Manager's Jurisdiction 1075 Clerical Pool 30,383. 1080 Office Furniture & Fixtures 3,500. 1090 Professional Services 11,500. 1125 Fire & Police Medical 5,000. 1130 Director of Guides 1,000. 1135 Out-of-State Travel 4,000. 1140 Training & Travel - Out-of-State 2,775. 1141 Tuition & Training Fees 10,050. 1142 In-State Travel 7,500. 8:27 P. M. Selectmen's Jurisdiction 1145 Community Services 50. 1146 Juvenile Services 12,382. 1148 Safety Program 500. 8:28 P. M. Town Clerk's Department 1150 Personal Services 41,316. 1200 Expenses 1,365. 1250 Vital Statistics 650. 8:28 P. M. (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Personnel Department (Cont.) # 1300 Personal Services 20,000. 1350 Expenses 3,200. 8:28 P. M. Board of Appeals 1500 Personal Services 7,860. 1550 Expenses 3,185. 8:29 P. M. Planning Board 1600 Personal Services 43,080. 1650 Expenses 3,131. 8:29 P. M. Insurance 1700 Group 216,000. 1750 Municipal Property & Workmen's Comp. 207,800. 8:29 P. M. Printing Town Report 1760 Expenses 12,000. 8:29 P. M. Ephraim Weiss moved to amend Article 4 by adding the following line item: "Account Number 1655 Consultants $10,000. 8:30 P. M. The Appropriation Committee and the Board of Selectmen voiced opposition to Mr. Weiss's amendment. 8:33 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 8:33 P. M. Law Department 1775 Fees 38,000. 1800 Expenses 10,000. 8:36 P. M. Elections 1900 Selectmen Jurisdiction 7,640. 1950 Town Clerk Jurisdiction 11,900. 8:36 P. M. Board of Registrars 2000 Personal Services 6,350. 2050 Expenses 6,675. 8:37 P. M. Appropriation Committee 2250 Expenses 3,800. 8: 37 P. M. Town Celebrations Committee 2370 Misc. Committees, Boards 1,600. 2400 Expenses 5,500. 8:37 P. M. Historic Districts Commission 2450 Expenses 1,900. 8:37 P. M. (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Conservation Commission (Cont.) #2460 Expenses 4,355. 8:37 P. M. Recreation Committee 2470 Personal Services 72,265. 2480 Expenses 19,225. 8:37 P. M. Treasurer/Collector's Department 2500 Personal Services 51,418. 2525 Expenses 9,275. 2575 Foreclosure & Redemption 1,500. 8:37 P. M. Comptroller's Department 2800 Personal Services 78,430. 2850 Expenses 3,600. 2860 Revenue Sharing Administration 500. * * To which the sum of $500.00 is available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 8:38 P. M. Comptroller's Jurisdiction 2925 Office Machines - Capital OUtlay 5,850. 2930 Office Machines - Maint. & Repair 7,000. 2935 Office Services - Copier Supplies 7,400. 2940 Metered Mail 22,325. 8:39 P. M. Assessors' Department 2950 Personal Services 46,690. 3000 Expenses 7,600. 8:39 P. M. Health Department 3250 Personal Services 32,125. 3300 Expenses 9,070. 3310 Mystic Valley Mental Health 30,033. 3320 Lexington Visiting Nurses Assoc. 6,840. 3450 Rabies Clinic 2,035. 8:40 P. M. Health Jurisdiction - Dog Officer 3500 Personal Services 11,345. 3550 Expenses 2,970. 8:40 P. M. Police Department 3750 Personal Services 876,909. (Of which $12,000.00 is to be transferred from the Parking Meter Fund) 3800 Expenses 108,925. * ^-. * To which the sum of $25,000.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 1,000. (Of which $1,000.00 is to be transferred from the Parking Meter Fund) 8:40 P. M. 1 - (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Fire Department (Cont.) #4100 Personal Services 815,362. 4150 Expenses 53,335. 4200 Ambulance Maintenance 1,925. 8:47 P. M. Local Disaster Services 4300 Personal Services 1,500. 4350 Expenses 1,000. 4360 Auxiliary Fire Expense 300. 8:47 P. M. Inspection Department 4450 Personal Services 47,480. 4500 Expenses 1,450. 8:48 P. M. Public Works Department 4900 Personal Services 973,934. (Of which $10,000.00 is to be transferred from the Westview Perpetual Care Fund.) 8:48 P. M. Director of Public Works Office 4950 Personal Services 128,619. 5000 Expenses 6,350. 8:48 P. M. Engineering Department 5100 Personal Services 183,373. 5150 Expenses 4,350. 8:48 P. M. Town Buildings Maintenance 5200 Personal Services 45,639. 5250 Expenses 118 700. 8:49 P. M. Highway Maintenance 5400 Expenses 68,300. (Of which $8,000.00 is to be transferred from the Parking Meter Fund) 8:49 P. M. Road Machinery 5450 Expenses 112 650. 8:49 P. M. Snow Removal 5500 Expenses 105,300. (Of which $4,000.00 is to be transferred from the Parking Meter Fund) 8:49 P. M. Traffic Regulations & Street Signs 5550 Expenses 18,000. 8:49 P. M. Street Lights 5600 Expenses 175,000. 8:50 P. M. r- M; (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Sewer Maintenance & Services (Cont. ) #5700 Expenses 41,600. 8:50 P. M. Garbage Collection 5800 Contract 84,000. 8:50 P. M. Sanitary Land Fill 5850 Expenses 59,925. 8:50 P. M. Water Maintenance & Services 5900 Expenses 42,975. 8:51 P. M. Park 6000 Expenses 34,990. 8:51 P. M. Insect Suppression 6050 Expenses 8,575. 8:51 P. M. Shade Tree 6100 Expenses 10,100. 8:54 P. M. Dutch Elm Disease 6150 Expenses 4,200. 8:54 P. M. Cemeteries 6400 Expenses 6,200. 8:54 P. M. Veterans' Benefits 7100 Personal Services 7,508. 7150 Administration 150. 7200 Aid & Expenses 55,000. 8:54 P. M. Graves Registrations 7250 Expenses 400. 8:54 P. M. Soldiers' Burials 7300 Expenses 250. 8:54 P. M. Cary Memorial Library -- 7500 Personal Services 308,643. 7550 Expenses 115,150. * ** * 11,957.25 is also available as State Aid to Libraries. ** Of which $6,371.62 is to be transferred from the County Dog License Fees. 8:56 P. M. (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Board of Retirement (Cont.) #7800 Contributory Pension Fund 373,125. 7825 Non-Contributory Pension Fund 146,000. 7850 Expenses 2,900. 8:56 P. M. Public Schools 7920 Public School-Education 14,156,244. * *Of which $12,300. is for out of state travel. To (As which the sum of $448,495. in available and Adopted) anticipated P.L. 874 and State METCO funds is to be applied and the balance to be appropriated and raised under this article. 8:57 P. M. Jane E. Berchtold, Chairman of the School Committee, then presented the school budget giving an explanation and showing slides. 9:18 P. M. Donald B. White stated that the Appropriation Committee supported the School Committee budget. 9:22 P. M. Frank I. Michelman moved to amend by substituting the figure 14,216,244. for the figure 14,156,244 in line 7920. 9:23 P. M. After general discussion, James M. McLaughlin moved the previous question. 9:55 P. M. The Moderator ruled that the effect of passage of Mr. McLaughlin's motion would be: first would be a vote on Mr. Michelman's motion to amend line item #7920 and then a vote would be taken on the school budget which would I' " then be closed. 9:55 P. M. Previous question, which was moved by Mr. McLaughlin, declared carried by voice vote. 9:56 P. M. Motion to amend line item #7920, as moved by Mr. Michelman, declared lost by voice vote. 9:56 P. M. Arthur C. Smith challenged the ruling made by the Moderator regarding the effect of the passage of the previous question. 9:59 P. M. The Moderator turned the Chair over to Norman P. Cohen, Town Counsel. 9:59 P. M. Arthur C. Smith moved, and the motion was seconded, that the decision of the Moderator be overruled. 10 P. M. Moderator, Lincoln P. Cole, Jr. , defended his decision, stating that the meeting was told, prior to their vote on the previous question, just what the effect would be. 10 P. M. Paul W. Marshall stated that he felt that line item #7920 should be left open. 10:01 P. M. After Edward E. Furash, Chairman of the Appropriation Committee, stated that he favored the Moderator's ruling, Mr. Cole stated that, although the school budget was closed, there was nothing preventing anyone from serving notice of reconsideration of line item #7920 and a motion to reconsider could be offered at any time. 10:03 P. M. Mr. Smith's motion to overrule the Moderator's decision declared lost by voice vote. 10:03 P. M. Chair turned back to Mr. Cole. School budget, line item #7920 declared carried by voice vote. 10:04 P. M. , Paul W. Marshall served notice of reconsideration of line item #7920 under Article 4. 10:04 P. M. (Edith and Frank Sandy, Charles F. Gallagher, Jr. & Howard M. Kassler abstained from voting on the School budget.) (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Regional Voc. Tech. High School (Cont.) #8100 Operating Budget 373,158. 8200 Capital Budget 127,889. 10:05 P. M. Debt Payment 8500 Interest on Debt 296,100. 8525 Interest on Anticipation Loans 100,000. 8550 Maturing Debt 1,471,000. * -� *Of which $508,087.04 is to be transferred from I� available funds - Regional Vocational School - Court Decision. 10:05 P. M. Allan F. Kenney moved that Article 4 be tabled which he immediately withdrew. 10:07 P. M. After a short discussion, Allan F. Kenney moved that Article 4 be tabled. Carried Unanimously. 10:11 P. M. (See Page 65.) Allan F. Kenney moved that Article 5 be taken from the table. Carried Unanimously. 10:11 P. M. Article 5. Presented by Allan F. Kenney. (See MOTION: That the following amounts be appropriated for the ensuing Pg. 19) fiscal year, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the additional funds required for the Fiscal 1976 Personal Services budget and that such amounts be raised in the tax levy: Account No. 3750 Police Personal Services 60,547. 4100 Fire Personal Services 60,385. 4900 Public Works Personal Services 67,163. 9000 * Other departments - Personal Services 149,425. Total Article 5 337,520. *Account No. 9000 to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 3750 Police 1060 Town Manager 4100 Fire 1075 Clerical Pool 4900 DPW 1130 Director of Guides 1150 Town Clerk 1300 Personnel 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller �) 2950 Assessors 3250 Health 3500 Dog Officer 4300 Disaster Services 4450 Inspection 4950 Director of DPW 5100 Engineering 5200 Town Buildings Maint. 7100 Veterans 7500 Library 10:13 P. M. - (Adj. Tn. Mtg. - April 14, 1975.) Article 5. Town Manager, Walter C. O'Connell, gave the background of the (Cont.) collective bargaining with the unions of the Police, Fire and Department of Public Works and recommended acceptance of all three contracts. 10:28 P. M. John B. Butler, Chairman of the Personnel Advisory Committee, and Edward E. Furash, Chairman of the Appropriation Committee, both spoke for their respective committees supporting the recommendations as made under Article 5. 10:48 P. M. Paul A. Plasse moved for a one minute standing recess at 10:49 P. M. and the Moderator called the meeting to order at 10:50 P. M. Article 5. Earl F. Baldwin, Jr. moved the previous question which was declared (Cont.) lost by voice vote. 10:55 P. M. After general discussion, with both Mr. Kenney and Mr. O'Connell answering many question, John Deutch moved the previous question which was declared carried by voice vote. 11:12 P. M. Motion, as presented under Article 5 by Mr. Kenney, declared carried by voice vote. 11:12 P. M. Allan F. Kenney moved that Article 4 be taken from the table which was declared carried by voice vote. 11:12 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:18 P. M. Julian J. Bussgang served notice of reconsideration of Article 5. 11:18 P. M. Article 4. Main motion as presented by Mr. Kenney under Article 4 (with the exception of the School budget, line item #7920 which was adopted this (See Pg. evening at 10:04 P. M.) declared carried by voice vote. 19 & 11:18 P. M. Pgs. 58-64) Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 16, 1975 at 8 P. M. but later withdrew his motion. 11:19 P. M. At the request of Mr. Kenney, the Moderator asked for a standing vote as to whether the meeting would rather adjourn to Tuesday, April 15 or Wednesday, April 16. The sense of the meeting was that 37 members preferred Tuesday while 77 members preferred Wednesday. Richard A. Michelson moved that the meeting be adjourned to Wednesday, April 23, 1975 at 8 P. M. 11:22 P. M. Voice vote on Mr. Michelson's motion doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 4 2 2 Michael J. O'Sullivan 13 3 5 Joseph A. Campbell 11 4 0 Joseph 0. Rooney 12 5 8 Fredric S. Cohen 10 6 6 Paul W. Marshall 12 7 4 Jacquelyn H. Ward 12 8 16 Mary E. Shunney 3 9 6 Jane P. Buckley 10 At large 4 Elizabeth M. Flynn 18 Totals 56 105 Mr. Michelson's motion to adjourn was not adopted. 11:26 P. M. <n n (Adj. Tn. Mtg. - April 14, 1975.) Allan F. Kenney moved that this meeting be adjourned to Wednesday, April 16, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:27 P. M. A true copy. Attest: 7 m . ?2 I IS 0 Mary R. McDonough, Town Clerk 60.10 — 1 — s 67 Mk ADJOURNED TOWN MEETING - APRIL 16, 1975 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. in Cary Memorial Hall at 8:03 P. M. There were 173 Town Meeting Members present. Invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church of Our Redeemer. 8:05 P. M. Eric T. Clarke moved for reconsideration of Article 65 which was declared carried by voice vote. 8:11 P. M. Article 65. Eric T. Clarke presented the following substitute motion: (Original motion presented at the April 7, 1975 Adj. Tn. Mtg. ) (Motion SUBSTITUTE MOTION: That the town manager be authorized with the as approval of the Board of Selectmen to direct the Building Commissioner adopted) to comply with all HUD National Flood Insurance Regulations in those areas that are designated by HUD as flood-prone areas. (See 8:12 P. M. Pg. 36, 54 & 55) Motion to substitute a motion for the original motion declared carried by voice vote. 8:23 P. M. (Sub. motion now main motion) Haskell W. Reed moved the previous question which was declared carried by voice vote. 8:35 P. M. Main motion, (substitute motion is now main motion) as presented by Mr. Clarke, declared carried by voice vote. 8:35 P. M. Howard M. Kassler moved that Article 34 be taken from the table which was declared carried by voice vote. 8:35 P. M. Article 34. Presented by Howard M. Kassler. MOTION: That the sum of $19,500. be appropriated, in addition to the (See money appropriated under Article 37 of the warrant for the 1973 Pg. annual town meeting, for constructing, originally equipping and 26) furnishing a dog kennel on town owned land, and that such amount be raised in the tax levy. 8:35 P. M. Mr. Kassler spoke of the need for such a kennel and answered many questions. 8:59 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:59 P. M. Main motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed _ 1 9 Stephen W. Doran 1 2 13 Michael J. O'Sullivan 2 3 11 Joseph A. Campbell 7 4 2 John Deutch 11 5 10 Fredric S. Cohen 6 6 5 Paul W. Marshall 11 7 3 Jacquelyn H. Ward 11 8 15 Mary E. Shunney 4 9 4 Jane P. Buckley 13 At large 20 Elizabeth M. Flynn 1 Total 92 67 Main motion, as presented by Mr. Kassler, declared adopted. 9:07 P. M. 111111 68 (Adj. Tn. Mtg. - April 16, 1975.) Louis E. Conrad moved for reconsideration of Article 36. 9:07 P. M. After several members spoke for and against the motion to reconsider Article 36 the motion was declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 5 2 8 Michael J. O'Sullivan 6 3 13 Joseph A. Campbell 4 4 4 John Deutch 9 li] 5 8 Fredric S. Cohen 11 6 13 Paul W. Marshall 2 7 10 Jacquelyn H. Ward 4 8 1 Mary E. Shunney 18 9 10 Jane P. Buckley 7 At large 4 Elizabeth M. Flynn 17 Total 76 83 Motion to reconsider Article 36 does not prevail. 9:23 P. M. Ephraim Weiss moved that Article 85 be taken up at this time which was declared carried by voice vote. 9:23 P. M. Article 85. Presented by Ephraim Weiss. MOTION: To instruct the Planning Board to appoint committees to study and make recommendations to the Planning Board concerning possible amendments to the Zoning By-Law, in at least each of the following areas: (a) sound; (b) artificial lighting; (c) odor and effluents into the atmosphere; (d) liquid and solid effluents; (e) signs; and to form and activate the committees withoutii] undue delay, so that the results of the studies can be made available to the Planning Board and interested citizens sufficiently early to permit the inclusion of articles in the next Annual Town Warrant. 9:23 P. M. Eric T. Clarke stated that the Planning Board had no objections to this article. _= _ __ _ _. __ - 9:29 P. M. After general discussion Paul A. Plasse moved the previous question which was declared carried by voice vote. 9:44 P. M. Main motion, as presented by Mr. Weiss. declared lost by voice vote. 9:45 P. M. Article 82. Presented by Ephraim Weiss. MOTION: That the Zoning By-Law of the Town be amended as follows: (See Pg. A. By adding a new subsection 24.7 as follows: 70) li] "24.7 All land within 100 feet on either side of the boundary between any Residential District and any other (non-Residential) District shall be designated a buffer zone for purposes of this section and all subsections thereto, except that no portion of any public way shall be included in the determination of the buffer zone." (Adj. Tn. Mtg. - April 16, 1975.) Article 82. B. By adding a new subsection 24.71 as follows: (Cont.) "24.71 Any restrictions specified in section 24.7 and any sub- sections thereto pertaining to land or other property in a buffer zone (as defined in section 24.7) may be modified by a special permit from the Board of Appeals; providing, however, that in considering the granting of such a permit, the principal criterion of the Board of Appeals shall be the preservation of the amenities of the residential zone. The Board of Appeals may make other conditions in granting a special permit. A special permit granted under this subsection shall not be granted for a period in excess of five years, except when applied to subsections 24.72 and/or 24.73. "Any public review procedure held by any Town board whose decision on the matter has the force of law shall supercede applicability of all subsections of section 24.7 following 24.71 to the extent that said Town board refers to and includes consideration of the substances of the subsections superceded; providing any permission which is less restrictive than the provisions of subsections of 24.7 following 24.73 shall be subject to complete review by said board at intervals not in excess of five years, and in the absence of such review the less restrictive permission shall become void." 9:47 P. M. Eric T. Clarke filed the Report of the Planning Board covering Articles 82, 83 and 84 with the unanimous recommendation against acceptance of Articles 82, 83 and 84. 9:59 P. M. G. Richard Beamon moved the previous question which was declared carried by voice vote. 10:01 P. M. As the voice vote on the main motion was not unanimous, a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 3 Stephen W. Doran 5 2 0 Michael J. O'Sullivan 15 3 7 Joseph A. Campbell 9 4 3 John Deutch 9 5 5 Fredric S. Cohen 11 6 9 Paul W. Marshall 6 7 12 Jacquelyn H. Ward 2 8 0 Mary E. Shunney 16 9 3 Jane P. Buckley 13 At large 3 Elizabeth M. Flynn 15 Totals 45 101 Main motion, as presented by Mr. Weiss, does not prevail. 10:12 P. M. Martin V. Sussman served notice of reconsideration of Article 85. 10:12 P. M. Susan S. Beck served notice of reconsideration of Article 82 and moved for reconsideration now. 10:12 P. M. Paul V. Rif fin moved the previous question which was declared carried by voice vote. 10:15 P. M. Eric T. Clarke stated that the Planning Board urged reconsideration of Article 82. 10:15 P. M. Voice vote, on Mrs. Beck's motion to reconsider Article 82, doubted, so a standing vote taken as follows: (Adj. Tn. Mtg. - April 16, 1975.) (Standing vote on Mrs. Beck's motion to reconsider Article 82:) Precinct In Favor Tellers Opposed 1 7 Stephen W. Doran 3 2 4 Michael J. O'Sullivan 13 3 12 Joseph A. Campbell 4 4 9 John Deutch 4 5 10 Fredric S. Cohen 7 6 14 Paul W. Marshall 2 7 14 Jacquelyn H. Ward 0 —. 8 4 Mary E. Shunney 13 9 9 Jane P. Buckley 8 At large 8 Elizabeth M. Flynn 13 Totals 91 67 Motion to reconsider Article 82, as presented by Mrs. Beck, prevails. 10:19 P. M. Article 82. Susan S. Beck presented the following substitute motion: (See MOTION: That the subject of buffer zones be refdrred to the Pg. 68 Planning Board for study and that the Planning Board report at the & 69.) next Annual Town Meeting. Carried Unanimously. 10:20 P. M. Article 83. Presented by Ephraim Weiss. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:20 P. M. Article 84. Presented by Ephraim Weiss. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:20 P. M. Article 85. (See Page 68.) Article 86. Presented by Roy Weinstein. MOTION: That the Town authorize the Conservation Commission to pur- chase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in a parcel of land in the vicinity of Wood Street and Hartwell Avenue, said parcel being a portion of the land described as Lot E on Certificate of Title 72175, in Land Registration Book 481, page 589 in the Middlesex South Land Registry District, and shown as Lot E on Land Court Plan 6686B, and specifically said parcel being a parcel of approximately 2 acres beginning at a point about 175 feet WEST of the terminus of Bates Road coincident with the most northeasterly point of the Larssen Property at 269 Wood Street, thence SOUTHWEST by the Larssen Property and the Daudelin Property, about 200 feet; NORTHWEST through Lot E, about 550 feet; EAST along the south edge of the Boston Edison easement, about 240 feet; SOUTHEAST by Lot F on said Plan, about 420 feet; and that the sum of $10,000 be appropriated for such land acquisition, and that such sum be raised in the tax levy. 10:23 P. M. (Adj. Tn. Mtg. - April 16, 1975.) r , Article 86. Alfred P. Tropeano and James E. Cosgrove are abstaining from voting (Cont.) on this article. Angela E. Frick moved to amend the motion by striking out the words: "and the Selectmen be authorized to take by eminent domain, upon written request of the Conservation Commission" 10:40 P. M. Mrs. Frick, Chairman of the Conservation Commission, stated that the Commission supported the article as amended (if amendment adopted) . r--- 10:41 P. M. Motion to amend, as presented by Mrs. Frick, declared lost by voice vote. 10:47 P. M. Paul J. MacKenzie stated that the Planning Board was__ opposed to this article as presented and recommended defeat. 10:48 P. M. Joan P. Crothers moved for a roll call vote, but as less than fifty members stood in favor of the roll call vote, the motion did not prevail. 10:50 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:50 P. M. Edward E. Furash stated that the Appropriation Committee recommended unfavorable action on this article. 10:55 P. M. Main motion, as presented by Mr. Weinstein, declared lost by a unanimous voice vote. 10:58 P. M. Article 87. Presented by Edward E. Furash. MOTION: That the sum of $800,000.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1975, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 10:58 P. M. Allan F. Kenney moved that the meeting be dissolved. Carried Unanimously. 10:59 P. M. A true copy. Attest: 7)7(614(t 41 j Mary R. McDonough, Town Clerk Joseph A. Campbell, 260 Marrett Road, (the son that was elected to a three year term on March 3, 1975) resigned as a Town Meeting Member from Precinct 3 on April 23, 1975. Guy D. Busa, 94 Spring Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 3 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 3 on April 29, 1975. Mr. Busa will fill the vacancy caused by the resignation of . Joseph A. Campbell for a term of one year expiring in March 1976. I] Charles F. Gallagher, Jr. , 118 Adams Street, a Town Meeting Member from Precinct 5, died on June 7, 1975. , As there is no defeated candidate for Town Meeting Member in Precinct 5 available to fill the vacancy caused by Mr. Gallagher's death, it will be necessary to hold a Special Election for the existing Town Meeting Members of Precinct 5 only who will elect a member from the registered voters of Precinct 5. A special election for Town Meeting Members of Precinct Five ONLY is to be held in the Town Clerk's Office, Town Office Building, Wednesday, July 9, 1975 at 6:45 P. M. r7n, Li SPECIAL ELECTION TOWN MEETING MEMBERS PRECINCT FIVE JULY 9, 1975 A special election for Town Meeting Members of Precinct Five only was held in the Town Clerk's Office, Town Office Building at 6:45 P. M. to fill the vacancy caused by the death of Charles F. Gallagher, Jr. As there was no defeated candidate available, it was necessary far the existing members to elect a member from among the registered voters of Precinct Five. There were 18 Town Meeting Members from Precinct Five present. Howard Cravis was chairman of the meeting and George F. McCormack was Clerk. The following nominations were made from the floor: Guy W. Doran nominated: Edward R. DuBois 207 East Street Ephraim Weiss nominated: Leon D. Michelove 1 Cooke Road David G. Williams nominated: Wilma E. Frey 1133 Massachusetts Avenue William M. Fraser nominated: Lloyd D. Taylor 1 Maureen Road Voting was by paper ballot with the result as follows: Edward R. DuBois 10 Leon D. Michelove 6 r-- Wilma E. Frey 2 Lloyd D. Taylor 0 18 Edward R. DuBois was duly elected as a Town Meeting Member in Precinct Five for a term ending March 1976. Norma B. Jervis Asst. Town Clerk Mary R. McDonough, Town Clerk July 9, 1975 Lexington, Massachusetts Dear Miss McDonough: I hereby accept a Town Meeting Member position in the Town Meeting Member- ship of Precinct Five for a term ending in March 1976. /Signed/ Edward R. DuBois I Herbert R. Adams, 763 Massachusetts Avenue, resigned as a Town Meeting Member from Precinct One on July 28, 1975. James E. Barry, 10 Crescent Hill Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct One at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct One on August 1, 1975. Mr. Barry will fill the vacancy caused by the resignation of Herbert R. Adams for a term expiring in March 1976. n Richard Heller, 10 Russell Road, resigned as a Town Meeting Member from Precinct One on August 12, 1975. Barry E. Sampson, 8 Brandon Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct One at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct One on August 25, 1975. Mr. Sampson will fill the vacancy caused by the resignation of Richard Heller for a term expiring in March 1976. Jane A. Trudeau, 7 Volunteer Way, resigned as a Town Meeting Member from Precinct Seven on November 4, 1975. Clarice B. Gordon, 7 Coach Road, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct Seven at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct Seven on November 6, 1975. Ms. Gordon will fill the vacancy caused by the resignation of Jane A. Trudeau for a term expiring in March 1976. Allan Green, 17 Moon Hill Road, resigned as a Town Meeting Member from Precinct Two on January 6, 1976. Joachim R. Sinek, 8 Robbins Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Two at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct Two on January 13, 1976. Mr. Sinek will fill the vacancy caused by the resignation of Allan Green for a term expiring in March 1976. s " (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION MARCH 1, 1976 In pursuance of the foregoing warrant the legal voters of the Town of Lexing- ton met in their respective voting places in said Town of Lexington on Monday, March 1, 1976 at 7:00 in the forenoon. .-� The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector R Letitia E. Cunha D Margaret M. Potter Inspector D L. Francis Murphy R Ida B. Fisk Inspector R Barbara M. Collins Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Rose J. Grant D Mary H. Coyle Inspector D Helen C. Rooney R Carol A. Goldthwait Inspector R Mary G. McCauley D Marie T. Walton Inspector D Mary G. Oliver Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Joan H. McDonough Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector D Helen G. Garten R Winifred E. Ivester Inspector R Harold W. Josephson Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph 0. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector R Margaret S. Wilson R Dorothea J. Russo Inspector D Henry P. Meade D Gloria J. Bresnihan Inspector D Helen M. Hoyle Precinct Nine D Elizabeth F. Downey Warden R Sally S. Hooper Clerk R Florence M. Downe Inspector D Mary C. Joseph Inspector R Norma E. Ebbs Inspector The election officers were sworn to the faithful performance of their duties. LThe polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. (Annual Town Election - March 1, 1976) The total number of registered voters in each precinct eligible to vote as of February 10, 1976 as follows: PRECINCT REPUBLICANS DEMOCRATS AMERICAN INDEPENDENTS TOTALS One 371 915 0 732 2,018' Two 389 999 2 695 2,085 Three 308 737 0 752 1,797 Four 581 882 0 833 2,296 Five 381 861 0 855 2,097 Six 615 775 1 680 2,071 Seven 505 836 0 766 2,107 Eight 473 710 0 723 1,906 Nine 462 787 0 899 2,148 Totals 4,085 7,502 3 6,935 18,525 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:55 P. M. Precinct Two 9:07 P. M. Precinct Three 9:05 P. M. Precinct Four 8:35 P. M. Precinct Five 8:35 P. M. Precinct Six 9:20 P. M. Precinct Seven 9 P. M. Precinct Eight 8:25 P. M. Precinct Nine 9 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 873 voters cast their vote Precinct Two 936 voters cast their vote Precinct Three 779 voters cast their vote Precinct Four 973 voters cast their vote Precinct Five 838 voters cast their vote Precinct Six 1,061 voters cast their vote Precinct Seven 1,030 voters cast their vote Precinct Eight 858 voters cast their vote ._.. Precinct Nine 824 voters cast their vote Total 8,172 voters cast their vote 440 of the eligible 18,525 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS TOO LATE UNUSED IN PERSON One 3 3 0 Two 5 5 0 Three 5 4 1 Four 24 23 1 Five 3 3 0 Six 6 6 0 Seven 6 5 1 --, Eight 4 4 0 Nine 77 0 J Totals 63 60 3 SERVICEMAN - VOTER Two 1 0 0 1 0 Five 1 0 10 0 Totals 2 0 1 1 0 T (Annual Town Election - March 1, 1976) "'"7 ABSENTEE BALLOT BREAKDOWN (CONT.) REGULAR BALLOTS MAILED APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS LATE UNUSED One 28 23 5 0 0 Two 12 10 2 0 0 Three 32 24 6 2 0 1 Four 31 21 8 2 0 Five 16 10 4 2 0 "` Six 19 16 3 0 0 . Seven 16 11 4 1 0 Eight 12 7 4 1 0 Nine 108 2 0 0 Totals 176 130 38 8 0 Final Totals 241 190 42 9 0 BALLOTS REJECTED Precinct One 1 Precinct Two 1 Precinct Three 1 Precinct Four 2 Precinct Five 0 Precinct Six 1 Precinct Seven 0 Precinct Eight 0 Precinct Nine 1 Total Ballots Rejected 7 r--- Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN W. Neil Chapman 429 358 324 479 356 558 392 395 404 3,695 Mary W. Miley 405 517 406 445 449 468 602 432 380 4,104 Blanks 39 61 49 49 33 35 36 31 40 373 Totals 873 936 779 973 838 1,061 1,030 858 824 8,172 Mary W. Miley was elected to the Board of Selectmen for a three year term ending in March 1979. SCHOOL COMMITTEE Patricia A. Swanson 571 443 400 477 408 546 520 495 495 4,355 Gerald L. Abegg 270 481 392 569 440 545 578 398 388 4,061 Frank I. Michelman 417 580 447 524 490 612 583 451 406 4,510 Blanks 488 368 319 376 338 419 379 372 359 3,418 Totals 1,746 1,872 1,558 1,946 1,676 2,122 2,060 1,716 1,648 16,344 Patricia A. Swanson and Frank I. Michelman were elected to the School Committee, each for a three year term ending in March 1979. PLANNING BOARD Samayla D. Deutch 330 315 269 361 274 364 298 305 276 2,792 1 Manfred P. Friedman 424 494 406 518 456 567 607 430 420 4,322 1 Blanks 119 127 104 94 108 130 125 123 128 1,058 Totals 873 936 779 973 838 1,061 1,030 858 824 8,172 Manfred P. Friedman was elected to the Planning Board for a five year term ending in March 1981. 78 (Annual Town Election - March 1, 1976) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals MODERATOR Lincoln P. Cole,Jr. 651 671 561 750 636 822 765 679 647 6,182 Blanks 222 265 218 223 202 239 265 179 177 1,990 Totals 873 936 779 973 838 1,061 1,030 858 824 8,172 Lincoln P. Cole, Jr. was elected Moderator for a one year term ending in March 1977. LEXINGTON HOUSING AUTHORITY Mary E. Shunney 555 561 464 626 540 680 623 569 522 5,140 Blanks 318 375 315 347 298 381 407 289 302 3,032 Totals 873 936 779 973 838 1,061 1,030 858 824 8,172 Mary E. Shunney was elected to the Lexington Housing Authority for a term of five years ending in March 1981. TOWN MEETING MEMBERS - PRECINCT ONE *James E. Barry 478 *Haskell W. Reed 410 ***Frieda Bisberg 391 *Barry E. Sampson 455 *William A. Busa 426 ***William R. Cataldo 390 Richard S. Glantz 352 Dennis F. Solomos 241 *Homer J. Hagedorn 441 *Judith L. Zabin 420 *William E. Maloney, Jr. 430 Blanks 3,423 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT TWO ****Rena W. Abelmann 460 *Alan B. Wilson 549 *Elizabeth H. Clarke 551 *Donald D. Wilson 541 *Eric T. Clarke 534 *Wiltrud R. Mott-Smith 543 *Michael J. O'Sullivan 503 James Padian 306 --• Joachim R. Sinek 360 Blanks 2,681 ****Patricia A. Swanson 460 ****Tie for seventh place. Special election March 22, 1976 to determine the winner of the one and three year terms. *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE *Robert A. Bowyer 390 **Robert H. Kingston 360 *Guy D. Busa 363 *Richard W. Souza 403 John P. Carroll 325 Janet A. Gaudet 313 *Jacqueline B. Davison 452 *Jeanne K. Krieger 378 *Elizabeth M. Flynn 366 Blanks 2,505 *Lilah H. Groisser 377 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT FOUR *Nyles Nathan Barnert 499 *Gerald L. Abegg 562 Donna M. Brown 336 *Katherine G. Fricker 455 *Otis S. Brown, Jr. 526 Paul J..HNicholson 380 *William J. Dailey, Jr. 496 Richard F. Perry 307 Samayla D. Deutch 372 ***Hal Singley 414 *Dan H. Fenn, Jr. 535 Blanks 2,408 *Joseph 0. Rooney 494 *Elected for three years. ***Elected for one year. (Annual Town Election - March 1, 1976.) TOWN MEETING MEMBERS - PRECINCT FIVE *Guy W. Doran 520 *Ephraim Weiss 483 *Edward R. DuBois 365 *Nancy A. Bender 446 *Donald M. Graham 480 Thomas L. Preziosi 168 *Edward W. Jervis, Jr. 370 Edward D. Tocio 285 *Robert J. Mammola 314 Blanks 2,435 *Elected for three years. 1 TOWN MEETING MEMBERS - PRECINCT SIX *John F. Downey, Jr. 491 *Allan F. Kenney 585 *John T. Harvell 585 *Sam V. Nablo 474 *Howard. L. Levingston 535 George E. Rowe, Jr. 456 *Edith Sandy 591 Susan S. Solomon 441 *Frank Sandy 587 Blanks 2,247 Martha Hauptman 435 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN *Richard E. Bayles 530 *Leo J. Grace 613 *Robert E. Bond 562 James H. Graham 265 *Manfred P. Friedman 582 Patricia H. Kaczmarczyk 410 **Clarice B. Gordon 472 Richard L. Sullivan 446 *Iris G. Wheaton 565 *John E. Taylor 579 *Allen Lee Whitman, Jr. 476 Blanks 2,740 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT EIGHT *Richard H. Battin 455 Mary E. Shunney 421 *Anthony L. Mancini 492 *Robert J. Burbidge 501 1 FT *Paul A. Plasse 444 *Gordon R. Osgood 429 *Albert S. Richardson, Jr. 427 Joan P. Turner 1 *Frank L. Shunney 446 Blanks 2,390 *Elected for three years. 1 TOWN MEETING MEMBERS - PRECINCT NINE *Jane P. Buckley 459 *James J. Scanlon 371 *Diane Lund 380 *James J. Buckley, Jr. ** 393 *Erik Lund 386 John F. Lahiff 293 *Paul E. Mazerall 449 Clifford B. Porter 332 *Stephen Michael Politi 544 William Spencer Sullivan 264 Blanks 3,545 *Elected for three years. **James J. Buckley, Jr. did not file paper to run as an incumbent by filing deadline on January 19, 1976, therefore, he had to submit nomination papers and run as a new member. A true copy. 7 Attest: Mary R. McDonough, Town Clerk , • (WARRANT FOR PRESIDENTIAL PRIMARIES - SEE WARRANT FILE) PRESIDENTIAL PRIMARIES MARCH 2, 1976 In pursuance of the foregoing warrant the legal voters of the Town of Lexing- ton met in their respective voting places in said Town of Lexington on Tuesday, March 2, 1976 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, - Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector R Letitia E. Cunha D Margaret M. Potter Inspector D L. Francis Murphy R Ida B. Fisk Inspector D Catherine F. Hooper D Marguerite A. Cronin Inspector R Barbara M. Collins Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Rose J. Grant D Mary H. Coyle Inspector D Helen C. Rooney R Carol A. Goldthwait Inspector R Mary G. McCauley D Marie T. Walton Inspector D Mary G. Oliver R Carole Sandra Scalise Inspector R Sidney G. Lindsley Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Joan H. McDonough Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector D Cornelius P. Cronin R Winifred E. Ivester Inspector R Harold W. Josephson D M. Eleanor Greenway Inspector D Joan Melcher Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph O. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector R Linda E. Peters R Dorothea J. Russo Inspector D Henry P. Meade D Evelyn T. Lawson Inspector D Helen M. Hoyle D Gloria J. Bresnihan Inspector R Caroline F. Deloury Precinct Nine D Elizabeth F . Downey Warden R Norma E. Ebbs Clerk R Florence M. Downe Inspector D Mary C. Joseph Inspector D Helen G. Garten Inspector R Dorothy F. LeBert Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. (Pres. Primaries - March 2, 1976) _. The total number of registered voters in each precinct eligible to vote as of February 3, 1976 as follows: PRECINCT REPUBLICANS DEMOCRATS AMERICAN INDEPENDENTS TOTALS One 370 915 0 729 2,014 Two 388 998 2 695 2,083 Three 308 735 0 744 1,787 Four 581 878 0 828 2,287 Five 380 857 0 848 2,085 Six 614 774 1 675 2,064 [-- Seven 504 836 0 763 2,103 Eight 473 709 0 720 1,902 Nine 461 784 0 892 2,137 Totals 4,079 7,486 3 6,894 18,462 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:45 P. M. Precinct Two 10:20 P. M. Precinct Three 9:15 P. M. Precinct Four 9:22 P. M. Precinct Five 9:05 P. M. Precinct Six 9:45 P. M. Precinct Seven 9:40 P. M. Precinct Eight 8:35 P. M. Precinct Nine 9:55 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: REPUBLICAN'S DEMOCRAT'S AMERICAN'S TOTAL VOTED VOTED VOTED VOTED Precinct One 209 680 0 889 fl Precinct Two 177 784 2 963 Precinct Three 164 584 0 748 L .. Precinct Four 280 680 0 960 Precinct Five 199 719 0 918 Precinct Six 359 680 1 1,040 Precinct Seven 265 696 0 961 Precinct Eight 265 605 0 870 Precinct Nine 276 666 0 942 Totals 2,194 6,094 3 8,291 44.9% of the 18,462 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS LATE UNUSED IN PERSON RD R D R D R D R D One 2 0 2 0 0 0 Two 1 5 1 5 0 0 Three 0 6 0 6 0 0 Four 7 14 6 13 1 1 Five 2 3 2 3 0 0 L Six 3 6 3 5 0 1 Seven 4 3 4 2 0 1 Eight 2 2 2 1 0 1 Nine 16 1 6 0 0 Totals 22 45 21 41 1 4 C)2 (Pres. Primaries - March 2, 1976) ABSENTEE BALLOT BREAKDOWN (CONT.) PRECINCT APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PROCESSED RETURNED UNUSED LATE UNUSED R DR D R D R D R D SERVICEMAN - VOTER Two 1 0 0 0 0 0 1 0 0 0 Six 0 1 0 1 0 0 0 0 0 0 Seven 0 2 0 0 0 2 0 0 0 0 Nine 0 1 0 10 0 0 0 0 0 Totals 1 4 0 2 0 2 1 0 0 0 SERVICEMAN - NON VOTER Seven 1 0 1 0 0 0 0 0 0 0 REGULAR BALLOTS MAILED One 2 13 1 10 1 3 0 0 0 0 Two 2 16 2 14 0 2 0 0 0 0 Three 6 26 5 20 1 5 0 1 0 0 Four 6 29 5 18 0 6 1 2 0 3 Five 1 16 1 13 0 3 0 0 0 0 Six 8 20 7 12 1 8 0 0 0 0 Seven 4 14 3 12 1 1 0 1 0 0 Eight 3 10 3 7 0 3 0 0 0 0 Nine 1 12 1 90 3 0 0 0 0 Totals 33 156 28 115 4 34 1 4 0 3 Final Totals 57 205 50 158 5 40 2 4 0 3 BALLOTS REJECTED One 0 1 Two 1 0 Three 0 1 Four 0 3 Five 0 0 Six 0 1 Seven 0 0 Eight 0 0 Nine 00 Totals 1 6 REPUBLICAN PARTY BALLOT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PRESIDENTIAL PREFERENCE Ronald W. Reagan 74 44 46 66 65 101 86 78 80 640 Gerald R. Ford 121 116 106 195 122 240 134 174 177 1,385 —, No Preference 8 14 6 15 7 11 40 11 12 124 Ellen McCormack 0 0 0 0 0 0 0 0 1 1 Robert Mathias 0 0 0 0 0 0 1 0 0 1 — Morris Udall 0 0 3 2 1 0 0 0 2 8 Henry Jackson 1 0 2 0 1 2 0 0 0 6 Elliot Richardson 2 0 0 0 2 1 2 0 0 7 Nelson Rockafeller 0 1 0 0 0 1 0 0 0 2 Betty Ford 0 1 0 0 0 0 0 0 0 1 Milton Shapp 0 0 1 0 0 0 0 0 0 1 William Buckley 0 0 0 1 0 0 0 0 0 1 Blanks 3 1 0 1 1 3 2 2 4 17 Totals 209 177 164 280 199 359 265 265 276 2,194 (Pres. Primaries - March 2, 1976) C : REPUBLICAN PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals STATE COMMITTEE - (MAN) - FOURTH MIDDLESEX DISTRICT William A. Barnstead 75 65 52 64 256 , Werner A. Carlson 75 71 48 81 275 Blanks 59 41 6454 218 Totals 209 177 164 199 749 STATE COMMITTEE - (MAN) - FIFTH MIDDLESEX DISTRICT Lawrence Braverman 20 36 25 25 24 130 Peter Dulchinos 7 13 ;8 7 10 45 William H. Levison 137 176 123 129 157 722 David J. McLachlan 28 38 33 23 21 143 Blanks 88 9676 81 64 405 Totals 280 359 265 265 276 1,445 STATE COMMITTEE - (WOMAN) - FOURTH MIDDLESEX DISTRICT Marion E. Hunt 137 131 90 133 491 Ann R. Blackham 24 9 17 23 73 Blanks 48 37 5743 185 Totals 209 177 164 199 749 STATE COMMITTEE - (WOMAN) - FIFTH MIDDLESEX DISTRICT Clara F. Tubby 86 110 69 61 57 383 Paula K. Lewellen 87 125 106 102 130 550 Blanks 107124 90 102 89 512 Totals 280 359 265 265 276 1,445 REPUBLICAN TOWN COMMITTEE Lincoln P. Cole, Jr.157 149 118 215 160 285 205 205 212 1,706 Donald B. White 102 93 70 127 104 214 136 135 126 1,107 Reed Kingston Taylor 89 67 48 109 93 126 106 91 97 826 Elizabeth L. Furash 91 76 57 126 85 133 101 95 110 874 Jacqueline S. Bowersock 78 62 53 114 75 127 92 88 101 790 Eleanor B. Litchfield 106 91 54 142 104 178 143 127 131 1,076 Luanna E. Devenis 86 56 40 84 72 102 78 79 81 678 William H. Levison 68 58 45 107 67 122 98 85 115 765 Marilyn M. Dwight 85 65 49 87 94 133 91 95 95 794 Joachim R. Sinek 64 90 40 87 67 101 78 64 79 670 Marjorie T. Balsor 79 65 41 121 76 120 93 73 86 754 Marion E. Hunt 107 107 76 137 111 174 133 124 122 1,091 Susan S. Slade 85 66 47 93 74 112 84 85 87 733 J.S.Nason Whitney 78 75 50 106 84 178 110 98 97 876 Allan F. Kenney 112 109 80 184 127 239 170 158 152 1,331 Clifford B. Porter 75 65 53 96 75 124 85 99 132 804 William B. Simmons 75 65 53 96 90 146 99 84 92 800 Howard A. Patterson 95 77 61 122 85 171 144 114 111 980 Nancy P. Kenney 90 72 59 121 82 129 86 94 106 839 Fred C. Bailey 112 108 80 178 119 226 159 147 151 1,280 Ruth J. Sharpe 81 67 48 86 68 116 82 80 87 715 - - Arthur E. Burrell 96 81 59 124 105 160 126 114 115 980 Temple E. Scanlon 90 74 58 124 89 181 130 129 105 980 Frank T. Samuel 80 65 58 108 86 159 89 99 98 842 Alice W. Stoodley 81 59 37 84 70 112 92 80 80 695 J. Richard Cone 71 53 50 87 61 95 72 85 81 655 Elizabeth M. Flynn 82 69 68 95 75 107 75 83 91 745 Martin A. Gilman 75 65 54 122 80 134 99 92 97 818 Stanley A. Casazza 74 51 45 78 65 92 78 78 78 639 Neil Gray 86 73 58 105 85 145 107 96 96 851 ,9 (Pres. Primaries - March 2, 1976) REPUBLICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPUBLICAN TOWN COMMITTEE (CONT.) Marilyn L. Hall 86 63 50 100 77 132 101 104 95 808 David A. Wilson 87 80 50 116 87 132 95 90 104 841 Camille B. Skov 64 54 34 73 59 120 78 70 71 623 Joseph C. Steinkrauss 65 68 41 74 55 89 60 57 69 578 Ruth M. Mitchell 109 76 51 95 91 146 106 104 116 894 Blanks 4,254 3,581 3,805 5,877 3,968 7,505 5,594 5,774 5,994 46,352 Totals 7,315 6,195 5,740 9,800 6,965 12565 9,275 9,275 9,660 76,790 - DEMOCRATIC PARTY BALLOT PRESIDENTIAL PREFERENCE Robert L. Kelleher 0 0 1 0 1 0 1 1 2 6 George C. Wallace 55 23 31 18 44 23 42 38 49 323 Ellen McCormack 21 36 10 18 12 7 20 5 12 141 Terry Sanford 0 0 0 1 0 1 0 0 1 3 Lloyd Bentsen 0 0 0 0 0 0 0 0 1 1 Fred R. Harris 48 41 41 52 49 42 56 51 40 420 Milton J. Shapp 29 62 18 49 32 30 20 29 33 302 Birch Bayh 38 35 41 32 48 27 33 21 23 298 Jimmy Carter 78 55 44 60 49 46 67 55 70 524 R. Sargent Shriver 25 33 32 19 28 16 12 20 28 213 Henry M. Jackson 151 119 93 88 178 126 105 100 143 1,103 Morris K. Udall 223 372 255 325 265 349 334 263 242 2,628 No Preference 3 3 8 7 8 2 1 5 5 42 Hubert Humphrey 0 4 5 5 1 5 1 3 5 29 Frank Church 0 1 0 0 2 1 1 0 2 7 Edward Kennedy 0 0 1 1 0 2 0 0 0 4 Edmund Muskie 0 0 0 1 0 0 0 0 0 1 Stanley Arnold 0 0 0 0 0 0 0 0 1 1 Blanks 9 0 4 4 2 3 3 14 9 48 Totals 680 784 584 680 719 680 696 605 666 6,094 STATE COMMITTEE - (MAN) - FOURTH MIDDLESEX DISTRICT John J. Bilafer 144 140 112 177 573 Brian F. Dacey 207 304 130 138 779 Blanks 329 340 342 404 1,415 Totals 680 784 584 719 2,767 STATE COMMITTEE - (MAN) - FIFTH MIDDLESEX DISTRICT John F. Cogan, Jr. 300 279 294 283 302 1,458 Blanks 380401 402 322 364 1,869 Totals 680 680 696 605 666 3,327 STATE COMMITTEE - (WOMAN) - FOURTH MIDDLESEX DISTRICT Claire Buckley Dwyer 259 287 214 289 1,049 Blanks 421 497 370 430 1,718 Totals 680 784 584 719 2,767 STATE COMMITTEE -(WOMAN) - FIFTH MIDDLESEX DISTRICT Jean E. Rubenstein 291 318 326 240 249 1,424 Blanks 389362 370 365 417 1,903 Totals 680 680 696 605 666 3,327 (Pres. Primaries - March 2, 1976) E-✓ DEMOCRATIC PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3. Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals DEMOCRATIC TOWN COMMITTEE Gerald L. Abegg 237 376 264 358 315 335 317 275 275 2,752 Gordon E. Barnes,Jr. 168 176 124 154 168 167 164 146 208 1,475 Susan S. Beck 202 206 135 203 212 289 200 166 165 1,778 Arthur J. Brock 169 215 109 151 155 148 138 132 136 1,353 - Eileen S. Carpenter 170 172 121 164 172 164 174 154 149 1,440 Eric T. Clarke 223 390 197 262 229 247 215 203 193 2,159 { John F. Cogan, Jr. 166 181 123 172 170 185 195 161 206 1,559 Mary T. Cogan 168 186 119 162 181 177 180 165 191 1,529 Marion T. Coletta 207 232 157 224 214 216 225 198 195 1,868 Norman N. Connolly 210 274 131 167 184 157 165 162 167 1,617 Jacqueline B. Davison 242 310 276 273 283 280 257 213 233 2,367 Mimi B. Dohan 165 185 121 167 204 271 228 165 145 1,651 Nancy F. Earsy 176 201 143 233 203 211 226 181 177 1,751 Emily W. Frankovich 175 243 151 219 207 232 300 171 165 1,863 John L. Grant 170 175 112 137 165 148 142 147 148 1,344 Elizabeth A. Keddy 195 269 114 139 157 165 156 134 134 1,463 Mary W. Miley 307 405 259 311 341 342 395 303 280 2,943 Richard I. Miller 150 167 123 154 170 167 170 151 176 1,428 Wiltrud R. Mott-Smith 184 379 166 193 189 193 173 141 165. 1,783 Alice M. Pierce 179 172 136 154 170 178 228 141 152 1,510 Frank M. Polestra 181 148 115 138 169 141 135 121 131 1,279 Daniel E. Power 195 216 158 195 204 214 198 201 228 1,809 David Reiner 165 170 120 156 173 197 273 132 147 1,533 Marie E. Roberts 153 173 189 174 165 143 161 136 150 1,444 Jean E. Rubenstein 169 208 121 204 216 222 257 161 173 1,731 George S. Silverman 182 187 126 180 224 194 165 142 205 1,605 William T. Spencer 177 195 134 192 202 277 188 149 166 1,680 a - Enid M. Starr 142 154 101 160 174 164 146 146 137 1,324 Roger G. Trudeau 161 179 122 160 169 194 264 156 156 1,561 Joan Pearson Turner 151 174 109 148 155 146 151 153 136 1,323 Robert B. Kent, Jr. 162 201 155 231 209 242 196 175 171 1,742 Weiant Wathen-Dunn 220 229 149 205 257 208 181 157 175 1,781 Edith Sandy 198 208 136 201 240 332 240 170 163 1,888 Sue Beth Mazer 176 214 .117 166 189 192 223 143 157 1,577 Susan C. Hodgkins 167 169 132 203 164 183 171 151 158 1,498 Blanks 17338 19701 15375 17090 18166 16479 17163 15373 17197 '.153,882 Totals 23800 27440 20440 23800 25165 23800 24360 21175 23310 213,290 AMERICAN PARTY BALLOT PRESIDENTIAL PREFERENCE No Preference 0 0 0 0 0 0 0 0 0 0 Meldrim Thomson, Jr. 0 2 0 0 0 0 0 0 0 2 George Wallace 0 0 0 0 0 1 0 0 0 1 Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 2 0 0 0 1 0 0 0 3 STATE COMMITTEE - (MAN) - FOURTH MIDDLESEX DISTRICT John J. Walsh 0 0 0 0 0 Parker Weaver 0 1 0 0 1 Blanks 0 1 0 01 Totals 0 2 0 0 2 (Pres. Primaries - March 2, 1976) AMERICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals STATE COMMITTEE - (MAN) - FIFTH MIDDLESEX DISTRICT William R. Nimee '0 0 0 0 0 0 Blanks 01 0 0 0 1 Totals 0 1 0 0 0 1 STATE COMMITTEE - (WOMAN) - FOURTH MIDDLESEX DISTRICT li] Margaret J. Walsh 0 0 0 0 0 Mary L. Olson 0 1 0 0 1 Blanks 01 0 0 1 Totals 0 2 0 0 2 STATE COMMITTEE - (WOMAN) - FIFTH MIDDLESEX DISTRICT Blanks 0 1 0 0 0 1 Totals 0 1 0 0 0 1 AMERICAN TOWN COMMITTEE Richard M. Stone 0 0 0 0 0 1 0 0 0 1 David A. Weaver 0 0 0 0 0 1 0 0 0 1 Parker Weaver 0 0 0 0 0 1 0 0 0 1 Blanks 020 0 0 0 7 0 0 0 27 Totals 0 20 0 0 0 10 0 0 0 30 A true copy. Attest: �r 7{ /I 14.6. e 44-1,"4.4.. _ Mary R. McDonough, Town Clerk Qr Having been elected to the Board of Selectmen on March 1, 1976, Mary W. Miley, 29 Robinson Road, resigned as a Town Meeting Member from Precinct 7 on March 5, 1976. Richard L. Sullivan, 439 Bedford Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 7 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 7 on March 8, 1976. Mr. Sullivan will fill the vacancy caused by the resignation of Mary W. Miley for a term of one year expiring in March 1977. —i Charles E. Connolly, Jr. , 67 Cedar Street, resigned as a Town Meeting Member from Precinct 8 on March 8, 1976. Mary E. Shunney, 24 Revere Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 8 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 8 on March 10, 1976. Mrs. Shunney will fill the vacancy caused by the resignation of Charles, E. Connolly, Jr. for a term of one year expiring in March 1977. Charles W. Durkin, 18 Manley Court, resigned as a Town Meeting Member from Precinct 5 on March 12, 1976. Edward D. Tocio, 19 Ingleside Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 5 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 5 on March 16, 1976. Mr. Tocio will fill the vacancy caused by the resignation of Charles W. Durkin for a term of one year expiring in March 1977. SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT TWO MARCH 22, 1976 At the Annual Town Election held March 1, 1976 Rena W. Abelmann and Patricia A. Swanson received 460 votes each for Town Meeting Member from Precinct Two, therefore creating a tie. A special election of Town Meeting Members from Precinct Two only was held Monday, March 22, 1976 at 7:30 P. M. in Estabrook Hall to determine the winner of the three year term and the runner up to fill the one year term. Francis E. Fuery acted as Chairman of the meeting and Elizabeth H. Clarke acted as Clerk There were seventeen Town Meeting Members from Precinct Two present. The election was held by paper ballot, counted by the Chairman and the Clerk, results as follows: Rena W. Abelmann 8 Patricia A. Swanson 9 Total 17 Patricia A. Swanson was declared elected to the three year term ending in March 1979. Rena W. Abelmann was declared elected to the one year term ending in March 1977. Both Mrs. Swanson and Mrs. Abelmann accepted in writing to the Town Clerk. /zein, •ice/1 cot C a Mary R. McDonough, Town Clerk ANNUAL TOWN MEETING - MARCH 22, 1976 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:03 P. M. in Cary Memorial Hall. There were 189 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of Our Redeemer. 8:05 P. M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further reading was waived. 8:07 P. M. The Constable's Return of the Warrant was read by the Town Clerk. 8:07 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8:08 P. M. Mr. Furash stated that if the committee's recommendations were followed, a tax rate of somewhat over $75.00 was forecast. 8:08 P. M. Motion, as offered by Mr. Furash, declared carried unanimously. 8:10 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:13 P. M. Levi G. Burnell, Jr. , Chairman of the Cary Lecture Committee, moved that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Carried Unanimously. 8:14 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, asked that the Town Manager be recognized in order to file his article report. Town Manager, Walter C. O'Connell, presented the Status Report on 1975 Open Articles. 8:15 P. M. Mr. Kassler moved that the Status Report, as presented by the Town Manager, be accepted and placed on file. Carried Unanimously. 8:15 P. M. In response to a question by Joan P. Crothers regarding a report from the Regional Refuse Committee, Moderator Cole stated, as the appointing authority, he would contact the committee members in reference to their report. 8:15 P. M. Article 3. Presented by Howard M. Kassler. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8:16 P. M. CI) (Annual Town Meeting - March 22, 1976) Article 4. Presented by Howard M. Kassler. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:17 P. M. Mr. Kassler gave an explanation of the increases in the different accounts. 8:50 P. M. Patricia A. Swanson, Chairman of the School Committee, stated that the School Department Budget, Line Item #7920 would be tabled until _, negotiations have been completed. 8:50 P. M. The Moderator read the following line items: Selectmen's Department #1000 Personal Services 47,377. 1050 Expenses 7,245. 8:50 P. M. Town Manager's Office 1060 Personal Services 70,084. 1065 Expenses 2,200. 8:51 P. M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 24,750. 1075 Clerical Pool 7,529. 1080 Office Furniture & Fixtures 2,000. 1090 Professional Services 21,000. 1125 Fire & Police Medical 4,800. 1130 Director of Guides 1,000. 1135 Out-of-State Travel 4,000. 1141 Tuition & Training Fees 11,500. 1142 In-State Travel 10,000. 8:52 P. M. Selectmen's Jurisdiction 1146 Sub Committees and Services 17,300. 1148 Safety Program 1,000. 8:52 P. M. Town Clerk's Department 1150 Personal Services 45,033. 1200 Expenses 1,425. 1250 Vital Statistics 350. 8:52 P. M. Personnel Department 1300 Personal Services 22,627. 1350 Expenses 5,450. 8:52 P. M. Board of Appeals 1500 Personal Services 9,286. 1550 Expenses 3,209. 8:53 P. M. Planning Board 1600 Personal Services 48,862. 1650 Expenses 4,705. 8:53 P. M. (Annual Town Meeting - March 22, 1976) Article 4. Insurance (Cont.) #1700 Group (See Page 130) 375,000. Howard M. Kassler moved to table Line Item #1700. Carried Unanimously. 8:55 P. M. 1750 Municipal Property & Workmen's Comp. 235,000. 8:55 P. M. Printing Town Report 1760 Expenses 10,000. 8:56 P. M. Law Department 1775 Fees 38,000. 1800 Expenses 12,000. 8:56 P. M. Elections 1900 Selectmen Jurisdiction 12,605. 1950 Town Clerk Jurisdiction 17,025. 8:56 P. M. Board of Registrars 2000 Personal Services 6,350. 2050 Expenses 7,000. 8:56 P. M. Appropriation Committee 2250 Expenses 3,800. 2370 Misc. -Committees, Boards Expenses 2,600. 2380 Council on Aging Expenses 7,130. 2400 Town Celebrations Committee Expenses 5,500. 8:57 P. M. Historic Districts Commission 2450 Expenses 1,900. 8:57 P. M. Conservation Commission 2460 Expenses 4,585. 8:57 P. M. ' Recreation Committee 2470 Personal Services 76,148. 2480 Expenses 24,850. 8:58 P. M. Treasurer/Collector's Department 2500 Personal Services 64,086. [I- 2525 Expenses 10,585. 2575 Foreclosure & Redemption 1,500. 8:58 P. M. Comptroller's Department 2800 Personal Services 83,731. 2850 Expenses 3,900. 2860 Revenue Sharing Administration 500.* *To which the sum of $500. in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 8:59 P. M. '? (Annual Town Meeting - March 22, 1976) Article 4. Comptroller's Jurisdiction (Cont.) 2925 Office Machines-Capital Outlay 5,500. 2930 Office Machines-Maint. & Repair 7,400. 2935 Office Services-Copier Supplies 7,700. 2940 Metered Mail 22,250. 8:59 P. M. Assessors' Department 2950 Personal Services 51,698. 3000 Expenses 7,900. 9 P. M. Health Department __.. 3250 Personal Services 34,834. 3300 Expenses 10,170. 3310 Mystic Valley Mental Health 30,033. 3320 Tri Community Health Services 6,828. 3450 Rabies Clinic 2,350. 9 P. M. Health Jurisdiction-Dog Officer 3500 Personal Services 14,054. 3550 Expenses 3,650. 9 P. M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 307,234. (of which $13,000. is to be transferred from the Parking Meter Fund) 3770 Police Dept. Collective Bargaining Unit- Per. Serv. 671,454. 3800 Expenses 118,600.* *To which the sum of $25,000.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. _.. 3900 Parking meter maintenance 1,000.* * (Of which $1,000.00 is to be transferred from the Parking Meter Fund) 9:01 P. M. Fire Department 4110 Fire Department Management and Staff-Pers. Serv. 30,564. 4120 Fire Dept. Collective Bargaining Unit-Pers. Serv. 859,613. 4150 Expenses 60,500. 4200 Ambulance Maintenance 1,775. 9:02 P. M. Local Disaster Services 4300 Personal Services 1,500. 4350 Expenses 1,000. 9:02 P. M. Inspection Department 4450 Personal Services 47,262. 4500 Expenses 1,225. 9:02 P. M. Public Works Department 4900 D.P.W. Collective Bargaining Unit-Pers. Serv. 912,219.* *(of which $11,000.00 is to be transferred from the Westview Perpetual Care Fund) 9:03 P. M. (Annual Town Meeting - March 22, 1976) Article 4. Director of Public Works Office (Cont.) #4950 Public Works Mgt. and Staff Pers. Serv. 271,110. 5000 Expenses 8,300. 9:03 P. M. Engineering Department 5100 Personal Services 189,814. 5150 Expenses 3,950. 9:03 P. M. Town Buildings Maintenance 5200 Personal Services 49,640. 5250 Expenses 121,000. 9:03 P. M. Highway Maintenance 5400 Expenses 116,590. (Of which $8,000.00 is to be transferred from the Parking Meter Fund) 9:03 P. M. Road Machinery 5450 Expenses 126,720. 9:04 P. M. Snow Removal 5500 Expenses 109,000. (Of which $5,000.00 is to be transferred from the Parking Meter Fund) 9:08 P. M. Traffic Regulations & Street Signs 5550 Expenses 19,350. 9:08 P. M. Street Lights 5600 Expenses 175,000. 9:08 P. M. Sewer Maintenance & Services 5700 Expenses 44,660. 9:08 P. M. Garbage Collection 5800 Contract 86,000. 9:08 P. M. Sanitary Land Fill 5850 Expenses 60,000. 9:08 P. M. 1 Water Maintenance & Services 5900 Expenses 41,585. 9:08 P. M. Park 6000 Expenses 33,860. 9:08 P. M. Q4: (Annual Town Meeting - March 22, 1976) -m Article 4. Insect Suppression (Cont.) #6050 Expenses 8,740. 9:08 P. M. Shade Tree 6100 Expenses 10,685. 9:08 P. M. Dutch Elm Disease 6150 Expenses 4,455. 9:12 P. M. Cemeteries 6400 Expenses 5,415. 9:13 P. M. Veterans' Benefits 7100 Personal Services 8,031. 7150 Administration 150. 7200 Aid & Expenses 50,000. 9:13 P. M. Graves Registrations 7250 Expenses 400. 9:13 P. M. Soldiers' Burials 7300 Expenses 250. 9:13 P. M. Cary Memorial Library 7500 Personal Services 336,057. * 7550 Expenses 131,585.** *11,957.25 is also available as State Aid to Libraries. **Of which $6,030.49 is to be transferred from the County Dog License Fees. 9:13 P. M. Board of Retirement 7800 Contributory Pension Fund 472,192. 7825 Non-Contributory Pension 153,500. 7850 Expenses 3,200. 9:25 P. M. Public Schools Patricia A. Swanson moved to table Line Item #7920. Carried Unanimously. 9:26 P. M. (See Page 140.) Regional Voc. Tech. High School 8100 Reg. Voc. Tech. assessment 505,952. 9:25 P. M. (Annual Town Meeting - March 22, 1976) C Article 4. Debt Payment (Cont.) #8500 Interest on Debt 285,995. 8525 Interest on Anticipation Loans 60,500. 8550 Maturing Debt 1,395,000. 9:26 P. M. After general discussion, Article 4, as presented by Howard M. Kassler, with the exception of Line Items #1700 and 7920, declared •---� carried unanimously. 9:41 P. M. (For Line Item #1700 - See Page 130) (For Line Item #7920 - See Page 130 & 140) Article 5. Howard M. Kassler moved that Article 5 be tabled. Carried Unanimously. 9:42 P. M. (See Page 130) (See Page 140 & 141.) Article 6. Presented by Howard M. Kassler. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:42 P. M. Article 7. Presented by Fred C. Bailey. MOTION: That the sum of $11,990.17 be appropriated to pay the following unpaid bills rendered to the Town for the prior year: City of Boston 19.80 587.40 Carrol School 3,330.00 Children's Ctre. 935.00 Dare Inc. 5,228.77 Dr. Gascon 50.00 Dr. Joseph 40.00 Kennedy Memorial Hospital 122.00 " 50.00 138.00 137.00 50.00 73.50 171.50 Lexington Ped. Assoc. 79.20 McLean Hospital 167.00 20.00 246.00 MIND 140.00 355.00 Dr. Weiss 50.00 and that such sum be raised in the tax levy. 9:43 P. M. Edward E. Furash stated that he would abstain from voting on this article as he is a director of one of the institutions. Motion, as presented by Mr. Bailey, declared carried unanimously. 9:45 P. M. Article 8. Presented by Edward E. Furash. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount $150,000.00 be transferred from the Reserve Fund - Overlay Surplus. Carried Unanimously. 9:46 P. M. r (Annual Town Meeting - March 22, 1976) Article 9. Presented by Fred C. Bailey. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously. 9:47 P. M. Article 10. Presented by Otis S. Brown, Jr. MOTION: That the sum of $11,957.25 received in 1976 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously. 9:47 P. M. Article 11. Presented by Howard M. Kassler. MOTION: That the Selectmen be and they hereby are authorized to clean and maintain streams and brooks in the Town, and to appropriate therefor the sum of $15,000.00, and that such amount be raised in the tax levy. Carried by voice vote. 9:53 P. M. Article 12. Presented by Fred C. Bailey. MOTION: That the sum of $50,000.00 be appropriated for sewers and sewerage systems to be used in conjunction with the sums appropriated under Article 74 of the warrant for the 1968 Annual Town Meeting and Article 4 of the January, 1971 Special Town Meeting, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 9:55 P. M. Article 13. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1977 Annual Town Meeting. Carried Unanimously. 9:55 P. M. Article 14. Presented by Fred C. Bailey. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:56 P. M. Article 15. Presented by Fred C. Bailey. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1976, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously. 9:57 P. M. Article 16. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $8,000.00, and that such amount be raised in the tax levy. Carried Unanimously. 9:57 P. M. (Annual Town Meeting - March 22, 1976) ::, Article 17. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $38,700.00 for such installation and land acquisition, and that to raise such amount $4,800.00 to be transferred from the unexpended balance of the amount appropriated under Article 38 of the warrant for the 1974 Annual Town Meeting, $7,500.00 be transferred from the unexpended balance of the amount appropriated under Article 30 of the warrant for the 1975 Annual Town Meeting and $26,400.00 be raised in the tax levy. Carried Unanimously. 9:59 P. M. Article 18. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains in such accepted or un- accepted 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; and to appropriate the sum of $24,000.00 for such installation and land acquisition, and that to raise such amount, $2,000.00 be transferred from the unexpended balance of the amount appropriated under Article 46 of the warrant for the 1972 Annual Town Meeting and $22,000.00 be raised in the tax levy. Carried Unanimously. 10 P. M. Article 19. Presented by Alfred S. Rusa. MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $27,000.00 for such construction and land acquisition, and that such amount be raised in the tax levy. Carried Unanimously. 10:02 P. M. Article 20. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or (As unaccepted streets or other land as the Selectmen may determine, adopted.) subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $350,500.00 therefor and that to raise such amount $251,200.00 be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) , $6,000.00 be transferred from the Sale of Real Estate Lots Account, $93,300.00 be raised in the tax levy. 10:03 P. M. Written notices were received from Frank Michelman and William T. Spencer stating that they would abstain from voting on this motion. Joan P. Crothers moved to postpone Article 20 until after Article 25 has been acted upon. This motion was declared lost by voice vote. 10:20 P. M. 2, (Annual Town Meeting - March 22, 1976) Article 20. John J. McWeeney moved to amend the motion by deleting the sewer on (Cont.) Waltham Street. 10:21 P. M. In order to check Mr. McWeeney's amendment, the Moderator called a recess at 10:22 P. M. The Moderator called the meeting to order at 10:35 P. M. and read Mr. McWeeney's substitute motion as follows: MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or un- accepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto r..J and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $232,500.00 therefor and that to raise such amount $232,500.00 be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . 10:37 P. M. John Deutch moved the previous question. 10:47 P. M. Ephraim Weiss moved that the main motion and the amendment be tabled, which was lost by voice vote. 10:47 P. M. Previous question, as moved by Mr. Deutch, declared lost by voice vote. 10:48 P. M. The Moderator declared that time for debate was over and took a vote on Mr. McWeeney's motion to amend, which was declared lost by voice vote. 10:48 P. M. Ephraim Weiss moved to postpone action on Article 20 until after action on Article 21. 11 P. M. Voice vote on Mr. Weiss's motion was doubted, so a standing vote was taken as follows: ,®, Precinct In Favor Tellers Opposed 1 6 Barry E. Sampson 7 2 6 Lillian T. MacArthur 10 3 7 Joseph A. Campbell 11 4 5 Joseph O. Rooney 7 5 11 George F. McCormack 8 6 7 Levi G. Burnell 9 7 14 Jacquelyn H. Ward 3 8 7 Mary E. Shunney 12 9 13 Stmphen Michael Politi 3 At Large 8 Howard L. Levingston 18 Totals 84 88 Motion to postpone, as offered by Mr. Weiss, declared lost. 11:04 P. M. Frank Sandy moved to refer Article 20 to Selectmen with instructions to prepare a motion divisible by streets. 11:05 P. M. Joseph O. Rooney moved the previous question which was declared carried by voice vote. 11:12 P. M. Motion to recommit, as offered by Mr. Sandy, declared lost by voice vote. 11:12 P. M. Main motion, as presented by Fred C. Bailey, declared carried by voice vote. 11:13 P. M. (Annual Town Meeting - March 22, 1976) Allen Lee Whitman, Jr. serves notice of reconsideration of Article 20. 11:13 P. M. Howard M. Kassler moved that the meeting be adjourned to Wednesday, March 24, 1976 at 8 P. M. in Cary Memorial Hall. Carried Unanimously. 11:13 P. M. A true copy. Attest: -7Y Atin4 Mary R. McDonough, Town Clerk f 1 ' r =t ' ADJOURNED TOWN MEETING - MARCH 24, 1976 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:05 P. M. in Cary Memorial Hall. There were 182 Town Meeting Members present. The invocation was offered by Rev. Theodore Stylianopoulos, Pastor of St. Nicholas Greek Orthodox Church. 8:07 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, gave a detailed explanation of the impact on the tax rate due to the decrease of $608,724.00 in estimated receipts as shown on the Cherry Sheet from the Commonwealth of Massachusetts received this week. He said that this would mean that $2.20 would be added to the tax rate and the estimated rate would be $77.40. 8:17 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, gave tentative dates for the upcoming adjourned sessions of the 1977 Annual Town Meeting as follows: Monday, March 29; Wednesday, March 31; Monday, April 5; Wednesday, April 7; Monday, April 12. If the sessions go beyond this, there might have to be a lapse of a week or two because of religious holidays and school vacation week. 8:20 P. M. Richard A. Michelson requested that Rev. Harold T. Handley be recognized to present the report of the Common Rededication Committee. Rev. Handley presented the report of the Common Rededication Committee which was voted to be accepted and placed on file and the committee discharged. 8:23 P. M. Article 21. Fred C. Bailey moved that this article be tabled. Carried by voice vote. 8:29 P. M. (See Page 124) Article 22. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Constitution Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $13,000.00 therefor, and that such amount be raised in the tax levy. 8:30 P. M. Mr. Bailey stated that Article 21 would be brought up on April 5. 8: 32 P. M. Motion, as presented by Mr. Bailey, declared carried unanimously. 8:33 P. M. Article 23. Presented by Fred C. Bailey. MOTION: That this article be indefinitely postponed. 8:34 P. M. Wiltrud R. Mott-Smith asked why this article was being postponed and how much has been done on Hayes Lane. 8:35 P. M. Mr. Bailey said that it was being put off until after the completion of the infiltration study. 8:35 P. M. Motion for indefinite postponement declared carried unanimously. 8:35 P. M. (Adjourned Town Meeting - March 24, 1976) Article 24. Presented by Fred C. Bailey. MOTION: That the sum of $98,300.00 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be transferred from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) . 8: 36 P. M. Paul J. MacKenzie moved to amend Article 24 to substitute the amount requested by the amount of $52,300. This motion was declared lost by voice vote. 8:52 P. M. Motion, as presented by Mr. Bailey, declared carried by voice vote. 8:52 P. M. Article 25. Presented by Howard b2.. Kassler. MOTION: That the sum of $20,000 be appropriated for engineering services for an inflow infiltration study of the Town's Sewer system, that such amount be raised in the tax levy, and that the Selectmen are authorized to apply for and accept any state and federal aid which may be available for the project and expend such aid for the project. Carried by voice vote. 9:03 P. M. Article 26. Presented by Fred C. Bailey. *Motion MOTION: That the sum of $60,000.00 be appropriated for highway as construction under authority of Chapter 90 of the General Laws amended for all or any part of the section of Hancock Street from Harrington below. Road to Adams Street, and that such amount be raised in the tax levy. 9:03 P. M. Martin V. Sussman served notice of reconsideration of Article 24. 9:08 P. M. Article 26. William T. Spencer moved to amend the original motion under Article (Cont.) 26 by adding the following sentence: "It is the sense of Town Meeting that the design to be used should be a 26 foot wide roadway with granite curbing." 9:09 P. M. Mr. Bailey stated that the Board of Selectmen had no objection to Mr. Spencer's amendment. 9:13 P. M. After questions regarding underground wiring, Mr. Bailey stated that the cost would be too high but that this could be brought out at the public hearing. 9:18 P. M. Motion to amend, as offered by Mr. Spencer declared carried unanimously. 9:19 P. M. Amended motion now reads: Motion MOTION: That the sum of $60,000.00 be appropriated for highway as construction under authority of Chapter 90 of the General Laws for Amended all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. It is the sense of Town Meeting that the design to be used should be a 26 foot wide roadway with granite curbing. Motion, as amended, declared carried unanimously. 9:19 P. M. (Adjourned Town Meeting - March 24, 1976) fa Article 27. Presented by Fred C. Bailey. MOTION: That the sum of $6,000.00 be appropriated for highway maintenance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the tax levy. Carried by voice vote. 9:23 P. M. Article 28. Presented by Howard M. Kassler. MOTION: That the sum of $25,000.00 be appropriated for engineering services for a comprehensive drainage study of the Town, and that such amount be raised in the tax levy. 9:23 P. M. Mr. Kassler stated that $25,000.00 would be asked for in each of the next five years. Albert P. Zabin stated that_tha,Planning Board supported this article. 9:33 P. M. Angela E. Frick stated that the Conservation Commission supported this article. 9:40 P. M. After general discussion, John Deutch moved the previous question which was delcared carried by voice vote. 9:56 P. M. Motion, as presented by Mr. Kassler, declared carried by voice vote. 9:56 P. M. Article 29. Presented by Margery M. Battin. MOTION: That the sum of $24,000.00 be appropriated for the develop- ment of Westview Cemetery and that such amount be transferred from Westview Cemetery Sale of Lots Fund. 9:57 P. M. In response to a question by Paul J. MacKenzie, Mrs. Battin said that there were no plans being made for a crematorium. 10 P. M. Motion, as presented by Mrs. Battin, declared carried unanimously. 14 P. M. Article 30. Eric T. Clarke moved to take up Article 30 after Article 91. Carried Unanimously.. 10:02 P. M. (See Page 137) Article 31. Presented by Mary W. Miley. (See MOTION: That the sum of $20,000.00 be appropriated for constructing substitute a drain in the Estabrook School parking area, and that such amount motion be raised in the tax levy. below.) 10:02 P. M. Allen Lee Whitman, Jr. presented the following substitute motion: (Motion MOTION: That the sum of $10,000. be appropriated for the construction as of drainage improvements to the Estabrook School parking area, that passed.) plans for this project be approved by the Conservation Commission before construction is started, and that such amount be raised on the tax levy. Motion to substitute declared carried by voice vote. 10:17 P.M. Motion as substituted declared carried by voice vote. 10:17 P. M. (Adjourned Town Meeting held March 24, 1976) Article 32. Alfred S. Busa moved to table Article 32. Carried Unanimously 10:18 P. M. (See Page 123) Article 33. Presented by Howard M. Kassler. MOTION: That the sum of $15,000.00 be appropriated, in addition to money previously appropriated, for a revaluation of all taxable property in the Town, and that such amount be raised in the tax levy. 10:19 P. M. John F. Downey, Jr. moved to amend Article 33 by striking the figure $15,000. and replace it with $1,000. This motion was declared lost by voice vote. 10:24 P. M. Motion, as presented by Mr. Kassler, declared carried by voice vote. 10:24 P. M. Article 34. Presented by Mary W. Miley. MOTION: That the sum of $25,000.00 be appropriated for the in- stallation of traffic control signals at the intersection of Waltham Street and Worthen Road, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, including the right of way from Waltham Street to Bushnell Drive over Lot 10 shown on a plan entitled "Plan of Land in Lexington, Mass." by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated January 2, 1970 and recorded with Middlesex South District Registry of Deeds, Book 11795 at end; and to appropriate for such installation and land acquisition the sum of $25,000.00 therefor, and that such amount be raised in the tax levy. Carried Unanimously. 10:32 P. M. Article 35. Presented by Mary W. Miley. MOTION: That the sum of $10,000.00 be appropriated for the installation of traffic control signals on Massachusetts Avenue at the Munroe School, and that such amount be raised in the tax levy. 10:33 P. M. After general discussion, Gerald L. Abegg moved the previous question, which was declared carried by voice vote. 10:37 P. M. Motion, as presented by Mrs. Miley, declared carried by voice vote. 10:37 P. M. Article 36. Presented by Mary W. Miley. MOTION: That the sum of $5,000.00 be appropriated for upgrading the traffic control signals at the intersection of Bedford Street and Worthen Road by installing a pedestrian crossing signal, and that to raise such amount $3,653.93 be transferred from the unexpended balance of the amount appropriated under Article 41 of the warrant for the 1972 Annual Town Meeting and $1,346.07 be raised in the tax levy. Carried Unanimously. 10:40 P. M. I e Article 37. Presented by Eric T. Clarke. MOTION: That the sum of $4,000.00 be appropriated 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 (Adjourned Town Meeting - March 24, 1976) Article 37. Control Law, of a greater width or size than would be required to (Cont.) serve the subdivision, alone, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and that such amount be raised in the tax levy. Carried by voice vote. 10:46 P. M. Article 38. Presented by Howard M. Kassler. MOTION: That the sum of $7,000.00 be appropriated for improvements at the Harrington School ball field, and that such amount be raised in the tax levy. 10:47 P. M. (See Page 105) Arthur C. Smith moved that the meeting be adjourned to Monday, March 29, 1976 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:48 P. M. A true copy: Attest: 4NMT24C.V14iJ1° Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 29, 1976 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:09 P. M. There were 188 Town Meeting Members present. The invocation was offered by Monsignor Martin U. McCabe, Pastor of the Sacred Heart Church. 8:11 P. M. The Moderator stated that the meeting is still open on Article 38. Article 38. Howard M. Kassler read the motion that he had presented under Article 38 at the March 24, 1976 Adjourned Town Meeting as follows: (See MOTION: That the sum of $7,000.00 be appropriated for improvements Page at the Harrington School ball field, and that such amount be raised 104) in the tax levy. 8:12 P. M. Daniel P. Busa, Chairman of the Recreation Committee, gave an explanation of this article. 8:19 P. M. Motion, as presented by Mr. Kassler, declared carried by voice vote. 8:20 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the Supplemental Report of the Appropriation Committee, covering Conservation articles, be accepted and placed on file. Carried Unanimously. 8:21 P. M. Article 39. Presented by Howard W. Kassler. (See MOTION: That the sum of $7,000.00 be appropriated for engineering below services to study the feasibility of renovating the Center Pool and for for preliminary plans for such renovation, and that to raise such motion amount $7,000.00 be transferred from the Reserve Fund-Overlay Surplus. as 8:21 P. M. adopted) Walter C. O'Connell, Town Manager, went into the background and the need for the renovation of the Center Pool. 8:26 P. M. Julian J. Bussgang moved to amend the motion in line 2 after "services to study" by adding ", under general supervision of the Permanent Building Committee,". 8:27 P. M. Howard M. Kassler stated that this was the intent of the the Board of Selectmen and that they agreed with this amendment. 8:28 P. M. Motion to amend, as offered by Mr. Bussgang, declared carried unanimously. 8:28 P. M. Motion as amended now reads: (Motion MOTION: That the sum of $7,000.00 be appropriated for engineering as services to study, under general supervision of the Permanent Building adopted) Committee, the feasibility of renovating the Center Pool and for preliminary plans for such renovation, and that to raise such amount $7,000.00 be transferred from the Reserve Fund-Overlay Surplus. Motion, as presented by Mr. Kassler, and as amended by Mr. Bussgang, declared carried unanimously. 8:35 P. M. `-, 6 (Adjourned Town Meeting - March 29, 1976) The Moderator introduced Miss Evelyn Murphy, Secretary of Environmental Affairs and member of the Governor's Cabinet, who was sitting in the balcony. Miss Murphy is a resident of Lexington. 8:36 P. M. Article 40. Presented by Howard M. Kassler. (See MOTION: That the sum of $32,000.00 be appropriated, in addition below to money previously appropriated, for lighting the baseball field for at the Center playground, and that such amount be raised in the adopted tax levy. 8:36 P. M. motion) Daniel P. Busa, Chairman of the Recreation Committee, stated that this item is the number one priority of his committee. 8:38 P. M. Arthur C. Smith presented a substitute motion as follows: (Sub. MOTION: To recommit the subject of this article to the Recreation motion Committee for further study and to transfer the unexpended balance as remaining in Article 35 of the 1975 Town Meeting to the Reserve adopted) Fund - Overlay Surplus. 8:52 P. M. Eric T. Clarke stated that the Planning Board opposes the main (See motion. 9 P. M. Page 121) In answer to a question by William J. Scouler, James Dhimos, a member of the Recreation Committee, stated that alternate sights considered for lighting were far removed from residences - Harrington, Fiske and Bowman Schools. 9:05 P. M. Voice vote on Mr. Smith's substitute motion was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Frieda. Bisberg 11 2 10 Rena W. Abelmann 8 3 11 Shirley A. Byrne 8 4 10 Katherine G. Fricker 5 __J 5 14 Judith K. Patkin 4 6 11 Susan S. Beck 7 7 16 Jacquelyn H. Ward 3 8 7 Mary E. Shunney 12 9 9 Joan N. L. Collins 10 At large 7 Patricia K. Hagedorn 15 101 83 Motion to recommit, as presented by Mr. Smith as a substitute motion, is adopted. 9:11 P. M. Sheila M. Busa serves notice of reconsideration of Article 40. 9:11 P. M. Article 41. Presented by Howard M. Kassler. MOTION: That the sum of $50,000.00 be appropriated for the con- struction of four tennis courts at Diamond Junior High School, and that such amount be raised in the tax levy. 9.1. 2 P. M. 7 Edward E. Furash, Chairman of the Appropriation Committee, stated J that the Appropriation Committee is not in favor of this article. 9:27 P. M. Eric T. Clarke speaks in favor of the article on behalf of the Planning Board. 9:28 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously oppose this article. 9:33 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:37 P. M. Main motion, as presented by Mr. Kassler, declared lost by voice vote. 9:38 P. M. (Adjourned Town Meeting - March 29, 1976) 7 Paul Rif fin served notice of reconsideration of Article 41. 9:39 P. M. (See Page 124) Article 42. Allen Lee Whitman, Jr. moved to. table Article 42. Carried Unanimously. 9:40 P. M. (See Page 115) Article 43. Presented by Howard M. Kassler. MOTION: That the Center Playground tennis courts be designated and known as the Charles F. Gallagher, Jr. tennis courts. Carried Unanimously. 9:41 P. M. Article 44. Presented by Francis W. K. Smith. jMOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 42A on Assessors' Property Map 14 and described in deed recorded in Middlesex South Registry of Deeds, Book 6875, page 291, now or formerly of the Estate of Margaret West, that the sum of $28,800.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 9:43 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously favor this article. 9:49 P. M. Carried Unanimously. 9:50 P. M. Article 45. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 132 on Assessors' Property Map 24, now or formerly of Joseph F. Chabot; that the sum of $8,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:50 P. M. Edward E. Furash stated that the Appropriation Committee is in favor of taking this land. They feel that it would be better to take all the land for general town purposes and then turn the land over to the Conservation Commission at a later date for conservation purposes. 9:53 P. M. Mr. Williams stated that the gift from Chabot is to be used only for conservation purposes. 9:53 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously favor this article. 9:53 P. M. Motion, as presented by Mr. Williams, declared carried unanimously. L_ 9:53 P. M. Article 46. Angela E. Frick moved to table Article 46. Carried Unanimously. 9:55 P. M. (See Page 141) (Adjourned Town Meeting - March 29, 1976) Article 47. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 69 on Assessors' Property Map 24, and described in deed recorded in Middlesex South Registry of Deeds, Book 10502, Page 452, now or formerly of Louis, Fred and Charles Ricci; that the - sum of $93,750.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 9:55 P. M. Planning Board unanimously favors passage of this article. 10:06 P.M. Howard M. Kassler stated that the Board of Selectmen unanimously favor this article. 9:58 P. M. Carried Unanimously. 10:12 P. M. Article 48. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 11 on Assessors' Property Map 16 and described in deed recorded in Middlesex South Registry of Deeds, Book 8857, Page 299, now or formerly of Bonny's Landscape Service, Inc. , that the sum of $198,700.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:13 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously favor this article. 10:15 P. M. Carried Unanimously. 10:15 P. M. Article 49. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 108 on Assessors' Property Map 63 now or formerly of John D. Chiesa, Jr. and described in Document No. 238519, filed with Certificate of Title No. 69422 in Middlesex South Land Registry, Book 463, Page 389, that the sum of $92,250.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:18 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously favor passage of this article. 10:20 P. M. Carried Unanimously. 10:22 P. M. Article 50. Presented by Angela E. Frick. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:23 P. M. (Adjourned Town Meeting - March 29, 1976) �pJ Article 51. Presented by Angela E. Frick. MOTION: That this articlebe indefinitely postponed. Carried Unanimously. 10:23 P. M. Article 52. Presented by Manfred P. Friedman. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town a conservation easement in all or any part of land shown as Lot 68 on Assessors' Property Map 66, from Vincent N. Bellizia. Carried by voice vote. 10:29 P. M. Article 53. Presented by Manfred P. Friedman. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town a license to use for conservation purposes all or any part of land shown as Lot 67 on Assessors' Property Map 66, from Boston Edison Company. Carried Unanimously. 10:29 P. M. Article 54. Presented by Manfred P. Friedman. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town a license to use for conservation purposes all or any part of land shown as Lot 66 on Assessors' Property Map 59, from Boston Edison Company. Carried Unanimously. 10:30 P. M. Article 55. Presented by Howard M. Kassler. MOTION: That the Selectmen be authorized to purchase, take by eminent domain or otherwise acquire for road and compensatory water (See storage purposes all or any part of the land shown as Lots 7 and 8 Page on Assessors' Property Map 73, now or formerly of the Estate of 111 Joseph Goodwin (Middlesex Probate Court #441107) ; and to appropriate for the sum of $25,000.00 therefor, and that such amount be raised in adoption) the tax levy. 10:30 P. M. Sheila M. Busa moved that this article be indefinitely postponed. 10:43 P. M. Mr. Furash stated that the Appropriation Comm. favors this article. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 10:48 P. M. Motion to indefinitely postpone Article 55, as presented by Sheila M. Busa, declared lost by voice vote. 10:48 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 7 Frieda Bisberg 9 2 6 .Rena W. Abelmann 12 3 15 Shirley A. Byrne 4 4 9 Katherine G. Fricker 5 5 10 Judith K. Patkin 8 6 16 Susan S. Beck 1 7 12 Jacquelyn H. Ward 7 8 3 Mary E. Shunney 12 9 14 Joan N. L. Collins 5 At large 24 Patricia K. Hagedorn 0 116 63 Less than the required two thirds having voted in favor, the main motion is not adopted. 10:52 P. M. tF (Adjourned Town Meeting - March 29, 1976) Martin V. Sussman moved that the meeting be adjourned to Wednesday, March 31, 1976 at 8 P. M. in Cary Memorial Hall. 10:53 P. M. Eric T. Clarke serves notice of reconsideration of Article 55. 10:53 P. M. Mr. Sussman's motion to adjourn to Wednesday, March 31, 1976 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 10:53 P. M. A true copy. Attest: _4/ / G4v-04-4 Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 31, 1976 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P. M. in Cary Memorial Hall. There were 181 Town Meeting Members present. Invocation offered by Rev. Dr. Alvin C. Porteous, Pastor of the First Baptist Church. 8:12 P. M. Eric T. Clarke moved to reconsider Article 55. 8:12 P. M. Mr. Clarke stated that the Planning Board and the Board of Selectmen felt that it was unfortunate that Article 55 had been defeated on March 29th. Both he and Mr. Howard M. Kassler, Chairman of the Board of Selectmen, stated the need of this particular piece of land for the sanitary landfill. 8:22 P. M. Motion to reconsider Article 55, as presented by Mr. Clarke, declared carried by voice vote. 8:33 P. M. Article 55. Howard M. Kassler read Article 55 as he had presented it on March 29, 1976: MOTION: That the Selectmen be authorized to purchase, take by (See eminent domain or otherwise acquire for road and compensatory Page water storage purposes all or any part of the land shown as Lots 109) 7 and 8 on Assessors' Property Map 73, now or formerly of the Estate of Joseph Goodwin (Middlesex Probate Court #441107) ; and to appropriate the sum of $25,000.00 therefor, and that such amount be raised in the tax levy. 8:34 P. M. Carried Unanimously. 8:36 P. M. Article 56. John J. McWeeney moved that Article 56 be tabled. Carried Unanimously. 8:36 P. M. (See Page 141 & 142) Paul A. Plasse asked how Article 1 could be reconsidered. 8:37 P. M. Both the Moderator and Town Counsel, Norman P. Cohen, said that it would not be possible as the time had passed. Article 1 is the election of town officers which was held on March 1, 1976. 8:37 P. M. Article 57. Presented by Shirley H. Stolz. MOTION: That the Conservation Commission be authorized to purchase (See or otherwise acquire, and the Selectmen be authorized to take by Pages eminent domain, upon the written request of the Conservation Commission, 134 for conservation purposes including outdoor recreation as provided by and Section 8C of Chapter 40 of the General Laws, any fee, easement or 135) 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 176 on Assessors' Property Map 50, now or formerly of Mary H. Powers and described in documents filed with Middlesex Probate Court Case No. 325847, that the sum of $73,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. 8:39 P. M. A written notice was received from Stanley E. Toye stating that he would abstain from voting on Article 57. (Adjourned Town Meeting - March 31, 1976) Article 57. Selectman, Alfred S. Busa, felt that the price for this land is much (Cont.) too high and Planning Board Member, Albert P. Zabin, tated. that :although he felt that the price was high he considered the land unique and that the town owed it to this part of town to purchase the land. 8:47 P. M. Donald B. White stated that the Appropriation Committee opposed this article because of the high price. 9 P. M. Ephraim Weiss moved to refer Article 57 to Conservation Commission, to be brought back later during the 1976 Town Meeting. 9:02 P. M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 9:11 P. M. Motion to refer, as presented by Mr. Weiss, declared lost by voice vote. 9:11 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Frieda Bisberg 10 2 4 Rena W. Abelmann 13 3 14 Shirley A. Byrne 4 4 6 Katherine G. Fricker 9 5 11 Judith K. Patkin 6 6 12 Susan S. Beck 7 7 13 Jacquelyn H. Ward 5 8 11 Mary E. Shunney 5 9 11 Joan N. L. Collins 6 At large 13 Patricia K. Hagedorn 17 Totals 99 82 Less than the required two-thirds having voted in favor, the motion is not adopted. 9:15 P. M. Article 58. Presented by Angela Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 167onAssessors' Property Map 32, and described in deed recorded in Middlesex South Registry of Deeds, Book 11017, Page 297, now or formerly of Cambridge Farms Realty Trust; that the sum of $16,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 9:17 P. M. (See Howard M. Kassler stated that the Board of Selectmen unanimously below) favor passage of this article. 9:20 P. M. Richard A. Michelson served notice of reconsideration of Article 57. 9:20 P. M. Article 58. Motion, as presented by Mrs. Frick, declared carried unanimously. (Cont.) 9:20 P. M. r-- (Adjourned Town Meeting - March 31, 1976) Article 59. Angela E. Frick moved that this article be tabled. Carried Unanimously. 9:20 P. M. (See Page 114.) Article 60. Angela E. Frick moved that this article be tabled. Carried Unanimously. 9:20 P. M. (See Page 114.) Article 61. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by (Motion eminent domain, upon the written request of the Conservation as Commission, for conservation purposes including outdoor recreation adopted) 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 a section of Grassland Street on a plan entitled "Farmhurst Section 4, Lexington, Mass., belonging to Neil McIntosh, Trust" dated January, 1923, C. H. Gannett C.E. , recorded with Middlesex South Registry of Deeds in Plan Book 361, Page 20, bounded and described as follows: SOUTHWESTERLY by Lot number 90 on said plan, now or formerly of Francis J. and Ruth B. Rosa, 432.27 feet, NORTHWESTERLY by Valleyfield Street, 85 feet, NORTHEASTERLY by Lot number 91 on said plan, now or formerly of Peter Sowkow, 408.39 feet and SOUTHWESTERLY by Lot number 27, as shown on a plan entitled Plan of Farmhurst, in Lexington Mass. , Section 1, dated January 1918, now or formerly of the Town of Lexington, 41 feet, and Lot number 28 on said Farmhurst Section 1 plan, now or formerly of Joseph F. and Mary Chabot, 9 feet, all distances more or less and comprising 21,000 square feet, more or less, ownership unknown, that the sum of $500.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:23 P. M. Patricia K. Hagedorn stated that the Appropriation Committee is in favor of this land acquisition if it is taken for general town purposes. Mrs. Hagedorn then presented the following motion to amend: MOTION: That the Selectmen be authorized to purchase, take by eminent domain or otherwise acquire for road and open space purposes all or any part of the land continue as on line 9 of typed motion to end . . . . 9:26 P. M. Mr. Kassler stated that the Board of Selectmen unanimously agree that this land should be owned by the town but are split as to how it should be taken - three are for conservation purposes and two are for town purposes. 9:29 P. M. Motion to amend, as offered by Mrs. Hagedorn, declared lost by ei voice vote. 9:37 P. M. Manfred P. Friedman stated that the Planning Board had no plans to put a street through this area and hoped that the land would be taken for conservation purposes. 9:38 P. M. Main motion, as presented by Mr. Williams, declared carried unanimously. 9:39 P. M. (Adjourned Town Meeting - March 31, 1976) Angela E. Frick moved that Article 59 be taken from the table. Carried Unanimously. 9:40 P. M. Article 59. Angela E. Frick moved that this article be indefinitely postponed. Carried Unanimously. 9:40 P. M. (See Page 113.) Angela E. Frick moved that Article 60 be taken from the table. Carried Unanimously. 9:41 P. M. Article 60. Angela E. Frick moved that this article be indefinitely postponed. Carried Unanimously. 9:41 P. M. (See Page 113.) Article 62. Angela E. Frick moved that this article be tabled. Carried Unanimously. 9:41 P. M. (See Page 142) Article 63. Presented by William T. Spencer. MOTION: That the sum of $6,500.00 be appropriated for field measurements of ambient noise to be made by consultants or other- wise, including the rental of equipment if necessary, under the supervision of the Board of Selectmen, and that said amount be raised on the tax levy. 9:42 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously oppose the expenditure of this money at this time. 9:56 P. M. Eric T. Clarke stated that although the Planning Board is not unsympathetic to this article, they do urge that it be defeated. 10:05 P. M. Edward E. Furash stated that the Appropriation Committee oppose this article. 10:05 P. M. Robert M. Gary moved the previous question which was declared carried by voice vote. 10:06 P. M. Main motion, as presented by Mr. Spencer, was declared carried by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Frieda Bisberg 6 2 2 Rena W. Abelmann 14 3 8 Shirley A. Byrne 8 4 3 Katherine G. Fricker 10 5 6 Judith K. Patkin 11 6 15 Susan S. Beck 4 7 12 Jacquelyn H. Ward 6 8 0 Mary E. Shunney 18 9 3 Joan N. L. Collins 14 At large 5 Patricia K. Hagedorn 19 64 110 Motion, as presented by Mr. Spencer, is not adopted. 10:12 P. M. (Adjourned Town Meeting - March 31, 1976) Article 64. Presented by Angela E. Frick. MOTION: That the Selectmen be and they hereby are authorized to abandon and release any claim o.f the Town in an old road or right of way, if any, that may exist abutting land now or formerly of Oneida Corporation on the Lexington-Winchester Town line, the fee under said old road or right of way to remain in the Town of Lexington. 10:13 P. M. Clifford Prentiss, Conservation Administrator, was recognized and gave an explanation of this article. 10:18 P. M. Carried Unanimously. 10:18 P. M. Allen Lee Whitman moved to take Article 42 off the table. Carried Unanimously. 10:20 P. M. (See Page 107) Article 42. Allen Lee Whitman moved that this article be indefinitely postponed. Carried Unanimously. 10:20 P. M. Alfred S. Busa stated that Article 21 would not be brought up on next Monday, April 5th. 10:21 P. M. Article 65. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Crescent Road from Watertown Street a distance of 1103 feet, more or less, westerly to Green Lane, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1976; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $77,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Crescent Road as is necessary, and that to raise such amount $10,000.00 be transferred from the unexpended balance of the appropriation voted under Article 61 of the warrant for the 1974 Annual Town Meeting and $67,000.00 be raised in the tax levy. Carried by voice vote. 10:25 P. M. Article 66. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Briggs Road from Crescent Road a distance of 380 feet, more or less, easterly to its end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1976; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $37,900.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Briggs Road as is necessary, and that such amount be raised in the tax levy. Carried by voice vote. 10:26 P. M. Article 67. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Great Rock Road from Crescent Road a distance of 352 feet, more or less, southwesterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1976; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $24,500.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Great Rock Road as is necessary, and that such amount be raised in the tax levy. Carried by voice vote. 10:28 P. M. -r (Adjourned Town Meeting - March 31, 1976) Article 68. Presented by Alfred S. Busa. MOTION: To establish as town ways and accept the layout of as town ways the following streets: a. Hartwell Place from Hartwell Avenue a distance of 660 feet, more or less, westerly to end; b. Brookwood Road from Saddle Club Road a distance of 726 feet, more or less, southeasterly to end; c. Fairfield Drive from Brookwood Road a distance of 660 feet, more or less, northeasterly to end; all as laid out by the Selectmen and shown upon a plan on file in .._.. the office of the Town Clerk, dated January 12, 1976, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. 10:30 P. M. Article 69. Alfred S. Busa moved that this article be tabled. Carried by voice vote. 10:31 P. M. (See Page 126) Article 70. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. Carried unanimously. 10:31 P. M. Article 71. Margery M. Battin moved to postpone Article 71 until Monday, April 5, ,J 1976. Carried Unanimously. 10:31 P. M. (See Page 119 and 120) Article 72. Presented by Margery M. Battin. (Approved MOTION: That Section 2 of Article XXVIII of the General By-Laws of by Atty. the Town of Lexington be amended by changing the fine provided therein Gen. , from ten dollars to twenty-five dollars, and by adding thereto the Francis X. following new paragraph: Bellotti, Aug. 5, "Effective for licenses expiring March 31, 1978, the license fees 1976. for dogs shall be increased by one dollar over the amount required by Section 139 of Chapter 140 of the General Laws." Advertised 10:32 P. M. in Lex. Min. Man, After general discussion, James Cataldo moved the previous question Aug. 12, which was declared carried by voice vote. 19 and 10:42 P. M. Sept. 2, 1976.) Main motion, as presented by Mrs. Battin, declared carried by voice vote. 10:43 P. M. James E. Barry served notice of reconsideration of Article 72. 10:43 P. M. (Adjourned Town Meeting - March 31, 1976) Article 73. Presented by Margery M. Battin. (Disapproved by Atty. MOTION: That Section 1 of Article XXII of the General By-Laws of * Gen. , the Town of Lexington be amended by striking out"$2,000." each Francis X. time it appears and substituting therefor"$4,000." Bellotti, 10:44 P. M. Aug. 5, 1976.) Martin V. Sussman served notice of reconsideration of Articles 65, 66 and 67. 10:48 P. M. Article 73. Motion, as presented by Mrs. Battin, declared carried unanimously. (Cont.) 10:48 P. M. James Cataldo moved that the meeting be adjourned to Monday, April 5 at 8 P. M. which was declared lost by voice vote. 10:48 P. M. Article 74. Presented by Edward E. Furash. (Approved MOTION: (a) That Section 2 of Article XIII of the General By- by Atty. Laws of the Town of Lexington be amended by deleting the second Gen., and third sentences thereof and substituting therefor the following: Francis X. Bellotti, "The term of one-third of the members of the committee shall expire Aug. 5, each year on the thirtieth day of June. The Moderator shall promptly 1976. appoint a successor for any member of the committee whose term expires that year and shall, promptly after any vacancy occurs in Advertised the committee, appoint a successor to fill that vacancy for the in Lex. unexpired term of his predecessor." Min. Man, Aug. 12, and (b) that Section 3 of said Article XIII be amended by deleting 19 and the second sentence thereof and substituting therefor the following: Sept. 2, 1976.) "They shall elect from their membership a Chairman and a Secretary, who shall hold office until their successors are elected." Carried Unanimously. 10:50 P. M. Article 75. Presented by Margery M. Battin. (Approved by Att. Gen., MOTION: That Section 6 of Article III of the General By-Laws of Francis X. the Town of Lexington be amended by deleting the second sentence Bellotti, thereof and substituting therefor the following: "Such notice shall Aug. 5, ' 76. be posted in the Town Office Building." Advt. Lex. Min. Carried by voice vote. 10:51 P. M. Man, Aug. 12, 19 & Sept. 2, 1976. ) A. Lee Whitman, Jr. served notice of reconsideration of Article 74. 10:51 P. M. Paul A. Plasse moved that the meeting adjourn to Monday, April 5, 1976 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:52 P. M. A true copy: Attest: —*Olt Mary R. McDonough, Town Clerk e -. 9, ADJOURNED TOWN MEETING - APRIL 5, 1976 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:06 P. M. in Cary Memorial Hall. There were 185 Town Meeting Members present. The invocation was offered by Rev. J. Allen Broyles, Pastor of the Lexington United Methodist Church. 8:08 P. M. Article 76. Presented by Erik Lund. MOTION: That a Committee composed as described and having the powers, duties and responsibilities described in Article 76 of the 1976 Town Warrant be established and appointed by the Board of `r Selectmen; and that the Board report to the 1977 Annual Town Meeting on the work of the Committee and on whether or not the Board intends to continue the existence of the Committee. 8:10 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, stated that the Selectmen are not unanimous on all of the specifics but are unanimous on the principal. The Board should be free to use their own judgment on how the committee is to be set up and they are unanimous that it should be referred to the Board of Selectmen. Mr. Kassler: I movd on behalf of the Board of Selectmen that the (Motion motion made under Article 76 be referred to the Board of Selectmen as for action by the Board in accordance with the statement I have adopted) just made. 8:13 P. M. Mr. Kassler's motion to refer declared carried by voice vote. 8:14 P. M. Erik Lund moved that Article 100 be taken up, out of order, at this time. Carried by voice vote. 8:15 P. M. Article 100. Erik Lund moved that this article be indefinitely postponed. Carried by voice vote. 8:15 P. M. Erik Lund moved that Article 101 be taken up,, out of order, at this time. Carried unanimously. 8:15 P. M. Article 101. Erik Lund moved that this article be indefinitely postponed. Carried unanimously. 8:15 P. M. Erik Lund moved that Article 102 be taken up, out of order, at this time. Carried unanimously. 8:15 P. M. Article 102. Erik Lund moved that this article be indefinitely postponed. Carried unanimously. 8:16 P. M. Erik Lund moved that Article 103 be taken up, out of order, at this time. Carried unanimously. 8:16 P. M. Article 103. Erik Lund moved that this article be indefinitely postponed. Carried unanimously. 8:16 P. M. Erik Lund moved that Article 104 be taken up, out of order, at this time. Carried unanimously. 8:17 P. M. Article 104. Erik Lund moved that this article be indefinitely postponed. Carried unanimously. 8:17 P. M. ---- - ---- ------- (Adjourned Town Meeting - April 5, 1976) Margery M. Battin moved that Article 71 be taken up at this time, but the Moderator stated that a motion was not needed as the article had been postponed on March 31, 1976 to be brought up on April 5, 1976. Article 71. Presented by Margery M. Battin. MOTION: That Article XXVI of the General By-Laws of the Town of Lexington be amended by adding thereto a new Section 9 as follows: (See "Section 9. No person shall drink any alcoholic beverage as defined Page in Chapter 138, Section 1 of the Massachusetts General Laws (a) while 120 in or upon any street to which the public has a right of access, for whether in or upon a vehicle, motor vehicle or on foot or (b) while motion in or upon any public place or public building or (c) while in or as upon private parking lots and private ways to which the public has adopted) access unless prior consent has been obtained from the owner or authorized person in control thereof. All alcoholic beverages in possession of a person or persons in violation of this by-law shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person or persons entitled to lawful possession." 8:18 P. M. Mrs. Battin stated that this amendment to the By-Laws was recommended by the Community Relations Committee, which is a sub-committee of the Board of Selectmen. 8:20 P. M. Howard M. Kassler, Chairman of the Community Relations Committee which recommended this article, spoke in favor. 8:22 P. M. Stephen W. Doran urged defeat of the article as he did not think that it would help the situation. 8:28 P. M. 1 Christopher Maguire, a high school senior in the balcony, was recognized and he read a petition, which was placed on file. This L- petition that had been signed by the students listed six reasons for their opposition to this article. 8:30 P. M. Mary Rockwood of the Youth Advisory Commission spoke from the balcony in opposition. 8:46 P. M. Chief of Police, James F. Corr, Jr. , spoke of the existing problems and of the need for this particular by-law. 8:56 P. M. Mrs. Battin stated that she felt that the by-law is premature and should be referred back to the Community Relations Committee and Mr. Kassler spoke of the severe problems that exist in this town. 9:13 P. M. Renee T. Cochin presented the following motion: MOTION: To refer the subject matter of Article 71 back to the Community Relations Committee for further study, the results of such study to be included in the final report of the Committee. 9:14 P. M. Selectman Alfred S. Busa, who is also a member of the Youth Advisory Committee, spoke against the motion to refer and in favor of the original motion. 9:23 P. M. Motion to refer, as presented by Mrs. Cochin, declared lost by voice vote. 9:27 P. M. Various students were recognized and spoke in opposition to this by- law and many of the Town Meeting Members spoke on this issue, some in favor and some in opposition. ^'A'^ (Adjourned Town Meeting - April 5, 1976) Article 71. William T. Spencer presented the following amendments: (Cont.) #1. MOTION: After the word: "drink" the words: "or possess an unsealed container of" be added. #2. MOTION: After the words: "or on foot" and "or public buildings," the words: "without permit of the Board of Selectmen. " be added. 9:31 P. M. At the request of Mr. Spencer, the Moderator stated that, although this is one amendment, it would be voted on in two parts. —� Mr. Spencer's amendment #1 declared carried by voice vote. 9:43 P. M. Mr. Spencer's amendment #2 declared carried by voice vote. 9:43 P. M. Mary Rockwood, a student in the balcony, asked to be recognized and filed the report of the Youth Advisory Commission in reference to this by-law. 9:44 P. M. Donald D. Wilson moved the previous question which was declared carried by voice vote. 9:49 P. M. Stephen W. Doran moved for a roll call vote, but, in accordance with the General By-Laws, when the Moderator asked if there were fifty members that desired a roll call vote, less than fifty members desired this manner of voting. 9:50 P. M. Main motion, as amended, now reads: (Motion MOTION: That Article XXVI of the General By-Laws of the Town of as Lexington be amended by adding thereto a new Section 9 as follows: adopted) "Section 9. No person shall drink or possess an unsealed container (Approved of any alcoholic beverage as defined in Chapter 138, Section 1 -of-the by Massachusetts General Laws (a) while in or upon any street to which Atty. Gen. , the public has a right of access, whether in or upon a vehicle, Francis X. motor vehicle or on foot without permit of the Board of Selectmen or Bellotti (b) while in or upon any public place or public building without on Aug. 5, permit of the Board of Selectmen or (c) while in or upon private 1976. parking lots and private ways to which the public has access unless prior consent has been obtained from the owner or authorized person Advertised in control thereof. All alcoholic beverages in possession of a in Lex. person or persons in violation of this by-law shall be seized and Min. Man. , safely held until final adjudication of the charge against the Aug. 12, 19 person or persons arrested or summoned before the court, at which and time they shall be returned to the person or persons entitled to Sept. 2, lawful possession." 1976. ) Main motion, as amended, declared carried by voice vote which was doubted by over twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Frieda Bisberg 3 2 13 Rena W. Abelmann 6 3 10 Shirley A. Byrne 10 4 13 Katherine G. Fricker 3 5 17 _ Judith K. Patkin 1 1 6 9 Susan S. Beck 10 7 10 Jacquelyn H. Ward 9 ,--J 8 14 Mary E. Shunney 3 9 11 Joan N. L. Collins 7 At large 12 Patricia K. Hagedorn 6 Totals 124 58 Main motion, as amended, is adopted. 9:53 P. M. (Adjourned Town Meeting - April 5, 1976) r c-- Sheila ;Sheila M. Busa moved that Article 40 be reconsidered at this time. (See Page 106) 9:54 P. M. Recreation Committee member, James Dhimos, was recognized and spoke for the committee and their reasons for urging reconsideration of Article 40 and passage of the main motion under Article 40. 10:04 P. M. Selectman Fred C. Bailey stated that the Board of Selectmen, by a 3 to 2 vote, support reconsideration of Article 40, and, if reconsideration would prevail, would oppose referral to the Recreation Committee and would urge passage of the main motion under this article so that they could get on with the project of lighting the ballfield. 10:06 P. M. After general discussion the motion to reconsider Article 40 was declared lost by voice vote, which was doubted by over twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Frieda Bisberg 7 2 11 Rena W. Abelmann 8 3 12 Shirley A. Byrne 7 4 5 Katherine G. Fricker 11 5 9 Judith K. Patkin 8 6 6 Susan S. Beck 13 7 4 Jacquelyn H. Ward 14 8 14 Mary E. Shunney 4 9 9 Joan N. L. Collins 9 At large 11 Patricia K. Hagedorn 9 Totals 91 90 Motion to reconsider Article 40 prevails. 10:28 P. M. Article 40. (See Page 106) The Moderator stated that the motion to refer is now on the floor. _ 10:28 P. M. At the request of Arthur C. Smith, the Moderator read the motion to refer as follows: (Motion MOTION: To recommit the subject of this article to the Recreation as Committee for further study and to transfer the unexpended balance adopted) remaining in Article 35 of the 1975 Town Meeting to the Reserve Fund - Overlay Surplus. 10:43 P. M. Standing vote on the motion of Mr. Smith at the March 29, 1976 session of this town meeting taken as follows: Precinct In Favor Tellers Opposed 1 6 Frieda Bisberg 11 2 8 Rena W. Abelmann 11 3 9 Shirley A. Byrne 11 4 11 Katherine G. Fricker 4 5 8 Judith K. Patkin 10 6 13 Susan S. Beck 5 7 14 Jacquelyn H. Ward 4 8 7 Mary E. Shunney 11 9 8 Joan N. L. Collins 10 At large 8 Patricia K. Hagedorn 12 Totals 92 89 Motion to recommit to the Recreation Committee, as presented by Arthur C. Smith, prevails. 10:47 P. M. c-,,,--) (Adjourned Town Meeting - April 5, 1976) Article 77. Presented by Margery M. Battin. (See MOTION: That the Board of Selectmen be and they are hereby Chap. authorized to petition the General Court for an act to amend 284, Chapter 753 of the Acts of 1968 to provide for the appointment of a Acts of recreation committee by the Town Manager, subject to the approval 1976.) of the Board of Selectmen. 10:48 P. M. Mrs. Battin stated that this article was unanimously recommended by the Selectmen's Recreation Study Committee. 10:50 P. M. Motion, as presented by Mrs. Battin, declared carried by voice vote. 10:50 P. M. In answer to a question by Stephen W. Doran, the Moderator stated that it was about thirty minutes too late to serve notice of reconsideration of Article 71. 10:50 P. M. Howard M. Kassler moved that the meeting be adjourned to Wednesday, April 7, 1976 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:51 P. M. A true copy. Attest: ----)I a ''7t7R . c/l wv . rJ Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - APRIL 7, 1976 The meeting was called to order in Cary Memorial Hall at 8:08 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 186 Town Meeting Members present. The invocation was offered by Rev. Robert L. Zoerheide, Minister of the First Parish Church. 8:10 P. M. Alfred S. Busa moved that Article 32 be taken off the table. Carried unanimously. 8:11 P. M. (See Page 103) Article 32. Presented by Alfred S. Busa. (Motion MOTION: That the sum of $30,000.00 be appropriated to replace the as flag pole on the Battle Green and provide a suitable bicentennial adopted) memorial plaque, and that to raise such amount the Selectmen be and they hereby are authorized to accept and expend a gift from the Lexington Bicentennial Corporation. 8:12 P. M. Mr. Busa stated that this would be a permanent memorial from the Bicentennial Corporation memorializing the 200th celebration. The bottom part of the old flag pole will be made into small pieces that will be sold as souvenirs and this money will be turned over to the town. Selectman Busa said that the Board of Selectmen today voted unanimously to accept this gift. 8:15 P. M. Edward E. Furash, Chairman of the Appropriation Committee, asked why this information had not been given to his committee for their action. Howard M. Kassler, Chairman of the Board of Selectmen, said that it was his fault that it had not been given because the information had been received so late and they wanted the flag pole to be erected by the 4th of July. Ephraim Weiss moved to amend the motion by deleting "and provide a suitable bicentennial memorial plaque". 8:19 P. M. Mr. Weiss stated that he did not think that the Bicentennial Corpora- tion should be memorialized on the Battle Green. Richard A. Michelson, President of the Lexington Bicentennial Corporation, said that this plaque, which would not have the names of the members of the corpora- tion, would not be memorializing the corporation but would be a permanent memorial of the 200th anniversary. 8:21 P. M. Mr. Busa said that the new pole would be a duplicate of the old one except that it would not be in wood. It will be in fiberglass or steel. 8:24 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 8:31 P. M. In answer to a question by Homer J. Hagedorn, Mr. Busa said that they would have to come back to town meeting for more money if the pole cost more than the $30,000.00 in this article. He did not feel that this would be necessary though because the figures that they have at this time are that the pole will cost around $26,000.00 but no less than $25,250.00. 8:32 P. M. Joseph O. Rooney moved the previous question which was declared carried by voice vote. 8:40 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 8:40 P. M. 7 (Adjourned Town Meeting - April 7, 1976) Fred C. Bailey moved that Article 21 be taken off the table. Carried unanimously. 8:40 P. M. (See Page 100) Article 21. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Marrett Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $100,000.00 therefor, and that such amount be raised-in the tax levy; and that the Selectmen be and they hereby are authorized to petition the General Court for an act to permit such trunk sewers to cross land under the control of the Conservation Commission. 8:41 P. M. After general discussion, Joseph A. Campbell moved the previous question which was declared carried by voice vote. 9:01 P. M. Main motion, as presented by Mr. Bailey, carried by voice vote. 9:01 P. M. Paul V. Riffin moved reconsideration of Article 41. 9:01 P. M. (See Page 106 and 107) Mr. Rif fin and Recreation Committee member, Richard M. Wertheim,gave a lengthy explanation regarding the need of the four tennis courts. 9:15 P. M. Edward E. Furash, Chairman of the Appropriation Committee, urged defeat of the motion to reconsider Article 41. 9:18 P. M. Motion to reconsider Article 41 was declared lost by voice vote, which was doubted by more than the necessary twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 3 Frieda Bisberg 13 2 3 Rena W. Abelmann 13 3 12 Shirley A. Byrne 6 4 3 Katherine G. Fricker 12 5 4 Judith K. Patkin 13 6 13 Susan S. Beck 5 7 8 Jacquelyn H. Ward 11 8 1 Mary E. Shunney 17 9 8 Joan N. L. Collins 8 At large 2 Patricia K. Hagedorn 17 Totals 57 115 Motion to reconsider Article 41, as presented by Paul V. Riffin, does not prevail. 9:34 P. M. Article 78. Presented by Sam Silverman MOTION: I move that the Town vote to instruct the Selectmen to , petition the General Court for legislation to amend the provisions of Chapter 215 of the Acts of 1929, as amended by Chapter 442 of the Acts of 1956 and Chapter 18 of the Acts of 1959 which relate to the filling of vacancies in the total number of Town Meeting Members from any precinct in the event there is no defeated candidate available, by striking out Section 7 and inserting in -prate_thereof a new Section 7 in substantially the following form: 1 (Adjourned Town Meeting - April 7, 1976) - F. Article 78. Section 7: Any vacancy in the full number of Town Meeting Members (Cont.) from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, shall be filled until the next annual election by the selection by the Town Clerk of the person who received the highest number of votes as a defeated candidate for the office of Town Meeting Member in the preceding election in the precinct where the vacancy occurs, and the Town Clerk shall promptly notify such person of his election as Town Meeting Member. If for any reason such person cannot or does not accept such office, the next highest in recorded vote of the defeated candidates in that precinct shall be similarly selected. .�. In the event of a tie vote of those who received the highest votes as such defeated candidates, the Town Clerk shall call a special meeting of the Town Meeting Members from the precinct where the vacancy occurs, for the purpose of so filling the vacancy from among those having the tie votes and shall cause to be mailed to every such Town Meeting Member, not less than seven days before the time set for the meeting, a notice specifying the object, time and place of the meeting. In the event no defeated candidate is available candidates shall be nominated by nomination papers signed by not less than ten voters of the precinct in which the candidate resides, and filed with the Town Clerk at least eight days prior to a special meeting of the Town Meeting Members from the precinct where the vacancy occurs called by the Town Clerk for the purpose of so filling the vacancy. The Town Clerk shall cause to be mailed to every such Town Meeting Member, not less than seven days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by written ballot and a plurality of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the Town Clerk, together with a written acceptance by the member or members so chosen who shall thereupon be deemed elected and r ^ qualified a Town Meeting Member of Members, subject to the right of all the Town Meeting Members to judge of the election and qualifications of the members as set forth in Section 3. 9:37 P. M. Joseph A. Campbell offered the following amendment: MOTION: That the Town will vote to instruct the Selectmen to petition the General Court for legislation to amend the provisions of Chapter 215 of the Acts of 1929, as amended by Chapter 442 of the Acts of 1956 and Chapter 18 of the Acts of 1959 which relate to the filling of vacancies in the total number of Town Meeting Members from any precinct in the event there is no defeated candidate available, by striking out Section 7 and inserting in place thereof a new Section 7 in substantially the following form: Section 7: Any vacancy in the full number of Town Meeting Members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, shall remain vacant until the next annual election. 9:47 P. M. Motion to amend, as offered by Mr. Campbell, declared lost by voice vote, which was doubted by more than twenty members, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Frieda Bisberg 8 2 12 Rena W. Abelmann 6 3 12 Shirley A. Byrne 3 4 8 Katherine G. Fricker 7 5 2 Judith K. Patkin 11 6 6 Susan S. Beck 8 7 7 Jacquelyn H. Ward 5 8 3 Mary E. Shunney 13 9 8 Joan N. L. Collins 3 At large 5 Patricia K. Hagedorn 10 Totals 68 74 Motion to amend, as offered by Mr. Campbell, is not adopted. 0 9:51 P. M. */0 (Adjourned Town Meeting - April 7, 1976) Article 78. Frank Sandy offers the following substitute motion which he (Cont.) immediately withdrew: MOTION: Town Meeting requests T.M.M.A. Executive Board consider the subject matter of this article. 9:53 P. M. Frank Sandy then moved that Article 78 be indefinitely postponed which was declared lost by voice vote. 9:58 P. M. Main motion, as offered by Sam Silverman, declared lost by voice vote. 10:01 P. M. Article 79. Presented by Margery M. Battin. Article 79. MOTION: That the Standing School Building Committee created under Article 37 of the warrant for the 1957 Annual Town Meeting be dissolved, and that any unfinished business of such committee be transferred to the Permanent Building Committee. Carried unanimously. 10:02 P. M. Alfred S. Busa moved that Article 69 be taken off the table. Carried unanimously. 10:02 P. M. (See Page 116) Article 69. Presented by Alfred S. Busa. MOTION: To alter the street layout of Clarke Street and Forest Street, as altered by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 12, 1976; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $200.00 be appropriated for such land acquisition and alteration of Clarke Street and Forest Street as is necessary, and that such amount be raised in the tax levy. Carried unanimously. 10:06 P. M. Article 80. Presented by William R. Page. MOTION: "To instruct the Board of Selectmen to establish a Standing Information and Policy Options Committee to provide the Town Meeting and town boards and agencies (and similar organizations in other communities and levels of government) with the following types of information about current issues and future options: A. Information about key issues in the town, state, the nation, and the world which will have a significant effect on the lives of the citizens of the Town in the future. B. Information about the options for courses of action by the citizens of the Town on these key issues. C. Information about appropriate processes through which the citizens of the Town could participate together in the decision making of these key issues. D. Information about the consequences of the decisions which could be made by the Town Meeting and the town boards and agencies which would have a significant effect on the citizens of the Town. 10:08 P. M. (Referral After a lengthy explanation by Mr. Page, he moved to refer Article motion 80 to the Board of Selectmen for consideration. adopted) 10:21 P. M. Howard M. Kassler said that the Board of Selectmen does not feel that a committee, as described by Mr. Page, is practical or useful. 10:22 P.M. Motion to refer, as offered by Mr. Page, declared carried by voice vote. 10:28 P. M. (Adjourned Town Meeting - April 7, 1976) - - Article 81. Presented by Sam Silverman. MOTION: That the town adopt the following resolution under this article: Resolved that Town Meeting Members abstain from voting in any particular matter in which to his knowledge, he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has any economic interest in the particular matter under consideration. I further move that the Town Clerk provide each new Town Meeting Member with material embodying the substance of this resolution. 10:29 P. M. After Mr. Silverman had given a lengthy explanation of this article, Mary E. Shunney, Chairman of the Town Meeting Members Association, said that this was taken care of by the TMMA Code of Ethics and urged defeat of this article. 10:37 P. M. Albert P. Zabin moved the previous question which was declared carried by voice vote. 10:40 P. M. Main motion declared carried by voice vote, which was doubted by more than twenty members, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 7 Frieda Bisberg 7 2 6 Rena W. Abelmann 13 3 13 Shirley A. Byrne 7 4 6 Katherine G. Fricker 8 , 5 9 Judith K. Patkin 7 6 15 Susan S. Beck 2 7 10 Jacquelyn H. Ward 9 8 4 Mary E. Shunney 10 9 8 Joan N. L. Collins 5 At large 8 Patricia K. Hagedorn 12 Totals 86 80 Resolution adopted. 10:45 P. M. Howard M. Kassler moved that Article 82 be tabled. Carried unanimously. 10:45 P. M. (See Page 129) Article 83. Presented by Eric T. Clarke. (Motion MOTION: That the Town accept Section 6H of Chapter 40 of the as General Laws. adopted) 10:45 P. M. (Ch. 40, Sec. 6H. MAKING OF REPAIRS ON CERTAIN PRIVATE WAYS BY MUNICIPALITIES WITHOUT LIABILITY FOR DAMAGE.) Sheila M. Busa served notice of reconsideration of Article 81. 10:50 P. M. Article 83. In answer to a question raised by H. Bigelow Moore, Mr. Clarke said (Cont.) that the town would be doing more road repairing in the future because none is being done now. 10:53 P. M. Selectman Kassler said that it is not the intention of the town to do extensive repairs but there has been and could be damage to police and fire apparatus. The Town Meeting will still hold the purse strings. 11 P. M. c-1,0 (Adjourned Town Meeting - April 7, 1976) Article 83. Charles H. Cole, 2nd moved the previous question. 11:05 P. M. (Cont.) Ephraim Weiss moved that Article 83 be tabled. This motion declared lost by voice vote. 11:05 P. M. Previous question, as moved by Mr. Cole, declared carried by voice vote. 11:05 P. M. Mr. Clarke said that the Planning Board is sympathetic to people who live on streets that are not in good condition and therefore urge passage of this article. 11:07 P. M. Main motion, as offered by Eric T. Clarke, declared carried by voice vote. 11:10 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, said that if meeting number eight was needed, April 26, 1976 was recommended, and April 28, 1976 for meeting number nine. 11:12 P. M. Arthur C. Smith served notice of reconsideration of Article 83. 11:13 P. M. Howard M. Kassler moved that the meeting be adjourned to Monday, April 12, 1976 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:13 P. M. A true copy. Attest: 7)(441 , 721; raerVilli Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - APRIL 12, 1976 - " The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:08 P. M. in Cary Memorial Hall. There were 186 Town Meeting Members present. The invocation was offered by Rev. Diane Miller, Minister of the Follen Community Church. 8:09 P. M. Fred C. Bailey moved that Article 82 be taken off the table. Carried unanimously. 8:09 P. M. (See Page 127) Article 82. Presented by Fred C. Bailey. (Motion MOTION: That the Town accept Section 7A of Chapter 32B of the as General Laws. 8:09 P. M. adopted) (Ch. 32B, Sec. 7A. GOVERNMENTAL UNITS MAY MAKE PAYMENT OF SUB- SIDIARY OR ADDITIONAL RATE FOR INSURANCE FOR EMPLOYEES AND DEPENDENTS; WITHHOLDINGS; ACCEPTANCE OF SECTION, ETC.) Verbal or written notices were received from the following to the effect that they would not be voting on this article because of a possible conflict of interest: Lincoln P. Cole, Jr. , Winifred L. L. Friedman, Martin A. Gilman, Howard M. Kassler, Mary R. McDonough, Myron L. Miller, Richard M. Perry and William T. Spencer. Mr. Bailey read an excerpt from Chapter 32B, Section 7A and stated that if this article passed that the Selectmen would recommend that the Town pay 75% of the Blue Cross and insurance and that the employee pay 25%; a motion would be made to take Article 4, line item #1700 from the table and the figure that would be moved would reflect the 75 - 25, and, if this passed, they would then take up Article 5. If Article 5 passed, then notice of reconsideration would be served in the event that the Fire Department Collective Bargaining Group came to an agreement. 8:19 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, reviewed some of the aims and philosophies of the Board in regard to the town employees. 8:23 P. M. Town Manager, Walter C. O'Connell summarized the personal services budget picture and the several months of collective bargaining. 8:39 P. M. John B. Butler, Chairman of the Personnel Advisory Committee, stated that his committee recommended the passage of this article and the 75% - 25%. 8:47 P. M. Patricia A. Swanson, Chairman of the School Committee, stated that her committee recommended passage of this article. 8:48 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that the Appropriation Committee voted to recommend this motion. 8:53 P. M. In answer to a question raised by Joseph O. Rooney, Mr. Bailey said that this would not cover retired employees as it is not authorized by the statutes. 8:57 P. M. James M. McLaughlin moved the previous question which was declared lost by voice vote. 9:05 P. M. After general discussion, Joseph O. Rooney moved the previous question which was declared carried by voice vote. 9:40 P. M. Main motion, as offered by Mr. Bailey, declared carried by voice vote. 9:40 P. M. :11 ) (Adjourned Town Meeting - April 12, 1976) Howard M. Kassler moved that Article 4, line item #1700 be taken off the table. Carried by voice vote. 9:41 P. M. (See Page 91) Article 4. Presented by Howard M. Kassler. MOTION: Insurance #1700 Group $ 542,000. Carried by voice vote. 9:42 P. M. Howard M. Kassler moved that Article 5 be taken off the table. Carried unanimously. 9:42 P. M. (See Page 95) (See Page 140 & 141.) Article 5. Presented by Howard M. Kassler. MOTION: That $260,740.00 be appropriated for the ensuing fiscal year for the following accounts, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the additional funds required for the Fiscal 1977 Personal Services budget and that such amount be raised in the tax levy: Account No. 3770 Police Collective Bargaining Unit 39,000. 4120 Fire Dept. Collective Bargaining Unit 0 4900 D.P.W.Collective Bargaining Unit 51,000. 7800 Contributory Pension Fund 20,500. 7825 Non-Contributory Pension Fund 7,150. 9000 *Other departments-Personal Services 143,090. 260,740. *Account No. 9000 to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 1060 Town Manager 1075 Clerical Services 1130 Director of Guides 1150 Town Clerk 1300 Personnel 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Animal Control 3760 Police Dept. Management and Staff 4110 Fire Dept. Management and Staff 4300 Local Disaster Services 4450 Inspection 4950 Dept. Public Works Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Benefits (See 7500 Library Page 140 & Carried by voice vote. 9:45 P. M. 141.) Fred C. Bailey served notice of reconsideration of Article 5. 9:46 P. M. (Adjourned Town Meeting - April 12, 1976) Allen Lee Whitman, Jr. moved for reconsideration of Article 20 which was declared lost by voice vote. 9:46 P. M. A recess was called by the Moderator at 9:47 P. M. The Moderator called the meeting to order at 10 P. M. Article 84. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town a sewer easement from Nishan and Elizabeth Haroian as shown on a plan entitled "Plan Showing 20 ft. Sewer Easement Through Land Owned by Nishan Haroian and Elizabeth Haroian, Concord Avenue, Lexington, Massachusetts," dated October 29, 1974, by Camp, Dresser & McKee Inc. , said easement having previously been granted to Temple Emunah. Carried unanimously. 10:02 P. M. Article 85. Presented by Manfred P. Friedman. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town for conservation purposes a deed from Oneida Corporation, conveying to the Town Lot 4 (10,346 acres ±) as shown on a plan entitled "Drummer Boy Green, Lexington, Mass.", dated October 25, 1974, revised December 6, 1974, by Boston Survey Consultants, Inc. , recorded in Middlesex South Registry of Deeds, and a 50-foot easement along that portion of the Drummer Boy subdivision that does not abut conservation land. Carried unanimously. 10:04 P. M. Article 86. Presented by Manfred P. Friedman. r"-^ MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town a deed from Village Development Corp. conveying to the Town Parcel "A" (152,045 square feet) , and Parcel "B" (4,041 square feet) as shown on a plan entitled "Lowell Estates Section 2, Lexington, Mass.", dated June 24, 1974, by Miller and Nylander, Civil Engineers and Surveyors, recorded in Middlesex South Registry of Deeds. Carried unanimously. 10:08 P. M. Article 87. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to reconvey such part, if any, of the sewer easement shown on a plan entitled "Plan of Drain Easement off Green Lane, Lexington, Mass. , dated May 9, 1967, John J. Carrol, Town Engineer", which is no longer needed to Anthony and Gabrielle Mazza. Carried unanimously. 10:13 P. M. Article 88. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to convey a strip of Town owned land acquired on the southerly side of Wood Street at the time of relocation of said Wood Street and shown on Assessors' Property Map 59, to the owners of lots abutting thereon on such terms as the Selectmen shall deem advisable, provided that the grantees will bear all expenses of the conveyances. Carried unanimously. 10:17 P. M. (Adjourned Town Meeting - April 12, 1976) Article 89. Presented by Manfred P. Friedman. (Approved by MOTION: That the Zoning By-Law of the Town be amended by adding the Atty. Gen. , following sentence at the end of subsection 13.1: Francis X. Bellotti, "At the time of application to the Board of Appeals, there shall be August 11, filed a plot plan for planting and landscaping showing type, size 1976. and location of trees and shrubs." Advertised It being understood that by this vote the Town does not intend to in Lex. accept and adopt Chapter 808 of the Acts of 1975. Min. Man, 10:17 P. M. Aug. 26, Sept. 2 & Mr. Friedman filed the Planning Board Report covering this article 9, 1976.) which states that the Planning Board unanimously endorses adoption. 10:18 P. M. Main motion, as offered by Mr. Friedman, declared carried unanimously. 10:20 P. M. Article 90. Presented by Manfred P. Friedman. MOTION: That the Zoning By-law of the Town be amended as follows: (Approved by A. by adding a new Section 27.1 as follows: Atty. Gen. , Francis X. Section 27.1 Brook and Pond Setbacks Bellotti, August 11, 27.1 No structure, other than a bridge or pump house, shall be 1976. built within 20 feet of the bank of any pond having an area over 2000 square feet nor within 20 feet of the bank of any of the Advertised following brooks: in Lex. Min. Man, 27.1.1 Kiln Brook, starting between the Minute Man National Park Aug. 26, and Wood Street, from ponds in the Pine Meadows Golf Course, and Sept. 2 & from Town-owned land near Hill St. ; continuing, and including a 9, 1976.) tributary N.W. of Route 128, across Hartwell Avenue to the Bedford Town Line. 27.1.2 Simonds Brook from its origin on Town owned land N.E. of Grove Street to Kiln Brook including that portion sometimes known as Farley Brook. 27.1.3 A brook sometimes known as Turning Mill Brook from its origin N.E. of Emerson Road near Route 128 to Simonds Brook. 27.1.4 North Lexington Brook from where it emerges from a culvert near Brigham Road to Kiln Brook. 27.1.5 Clematis Brook, (also known as Beaver Brook) from its origins west of Waltham Street to the Belmont Town Line near Concord Avenue; including tributaries originating near Marrett Road and Bacon Street, near Marrett Road and Tricorn Road, near Blossom Street and Route 2, and near Philip Road. 27.1.6 An unnamed brook from the vicinity of Valleyfield Street to the Waltham City line (from whence it flows to Hardy's Pond) . 27.1.7 An unnamed brook from its source near Hayden Avenue to the Waltham City line (from whence it flows towards Cambridge Reservoir) . 27.1.8 The North Branch of the Upper Vine Brook from the Lexington Reservoir until it goes underground. ---J 27.1.9 The South Branch of the Upper Vine Brook from its source be- tween the two unconnected parts of Sherburne Road until it goes underground near Vinebrook Road. 27.1.10 Lower Vine Brook, from where it surfaces near Hayes Lane to the Burlington Town Line. (Adjourned Town Meeting - April 12, 1976) Ir: Article 90. (Cont. ) 27.1.11 Munroe Brook, from near Woburn Street to the Arlington Reservoir including a tributary originating in a pond on Whipple Hill, a tributary flowing in from Arlington near Patricia Terrace and a tributary north of Maple Street. 27.1.12 Fessenden Brook from the start of its two branches in Munroe Meadows to Munroe Brook. 27.1.13 Sickle Brook from its two sources near Peacock Farm and .�- Pleasant Street to the Arlington Town Line. 27.1.14 An unnamed brook from Cary Avenue until it goes underground near Birch Hill Lane; including its east branch originating near Middle Street. 27.1.15 An unnamed brook entering Lexington from Waltham west of Route 128 to the Cambridge Reservoir. 27.1.16 An unnamed brook from the pond near Shade Street to the Cambridge Reservoir. 27.1.17 An unnamed brook from Concord Avenue near Blossom Street to Waltham Street. 27.1.18 Two branches of Shaker Glen Brook from their sources near Rolfe Road and Peachtree Road to the Woburn City Line. B. By adding the brooks referenced in subsections 27.1.1 to 27.1.18 to the zoning map. C. By adding the following definition to Section 40 immediately after the definition entitled "Accessory Use or Building": "Bank: Land adjoining a pond or stream which serves to confine said water." It being understood that by this vote the Town does not intend to accept and adopt Chapter 808 of the Acts of 1975. 10:24 P. M. Mr. Friedman filed the Report of the Planning Board covering this article which states that the Planning Board unanimously recommends adoption of this article. 10:25 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously supports this article. 10:29 P. M. Angela E. Frick stated that the Conservation Commission supports this article. 10:33 P. M. Main motion, as presented by Mr. Friedman, declared carried unanimously. 10:42 P. M. Howard M. Kassler moved that the meeting be adjourned to Monday, April 26, 1976 at 8 P. M. in Cary Memorial Hall but withdrew his motion at the request of the Moderator. 10:42 P. M. Article 2. Lincoln P. Cole, Jr. , Moderator, moved that the Report of Regional Refuse Disposal Planning Committee for the Year 1975 be accepted and placed on file. (Mr. Cole filed this for Committee_ Member, William R. Whalon.) Carried unanimously. 10:43 P. M. Howard M. Kassler moved that the meeting be adjourned to Monday, April 26, 1976 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:44 P. M. A true copy. Attest: -4/744 c 40-1,4 o Mary R. McDonough, Town Clerk Melvin G. Holland, 38 Webster Road, resigned as a Town Meeting Member from Precinct 3 effective April 23, 1976. John P. Carroll, 31 Allen Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 3 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 3 on April 26, 1976. Mr. Carroll will fill the vacancy caused by Mr. Holland's resignation for a term of one year expiring in March 1977. ADJOURNED TOWN MEETING - APRIL 26, 1976 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P. M. in Cary Memorial Hall. There were 178 Town Meeting Members present. Theinvocation was offered by Rev. Henry H. Clark, Minister at the Hancock United Church of Christ. 8:09 P. M. Richard A. Michelson moved reconsideration of Article 57. 8:10 P. M. Shirley A. Stolz, who had originally presented Article 57 on March 31, 1976, urged passage of the motion to reconsider and stated that, if reconsidered, the figure would be reduced from $73,000.00 to $70,000.00. 8:13 P. M. Peter Lollis, Joanne Frey, Bruce Jacobson and Katherine Rockstroh, residents in the area of this proposed Conservation purchase, spoke from the balcony urging passage of the motion to reconsider Article 57 and the motion to purchase the land. 8:20 P. M. Selectman, Alfred S. Busa, spoke in opposition, stating that the land is too expensive. 8:23 P. M. Motion to reconsider Article 57 is declared carried by voice vote. 8:32 P. M. At the request of Howard M. Kassler, Chairman of the Board of Selectmen, a three minute recess was called at 8:32 P. M. The Moderator called the meeting to order at 8:38 P. M. Article 57. (See Page 111.) Howard M. Kassler moved to delete the figure of $73,000.00 from the original motion and substitute therefor the figure of $67,500.00. 8:38 P. M. In answer to a question by J. Keith Butters, Shirley A. Stolz stated that the Conservation Commission was in favor of this amendment. 8:47 P. M. Mr. Kassler's motion to amend was declared carried by voice vote. 8:48 P. M. Donald B. White, Vice Chairman of the Appropriation Committee, stated that his committee still opposed this article. 8:53 P. M. (Adjourned Town Meeting - April 26, 1976) Article 57. Voice vote on the main motion, as amended, was not unanimous, so a (Cont.) standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 7 Frieda Bisberg 9 2 6 Rena W. Abelmann 10 3 16 Shirley A. Byrne 3 4 7 Judith J. Uhrig 9 5 12 Ephraim Weiss 4 6 13 Susan S. Beck 6 --- 7 11 Jacquelyn H. Ward 4 8 12 Mary E. Shunney 3 9 14 Jane P. Buckley 5 At large 10 Patricia K. Hagedorn 10 Totals 108 63 Less than the required two-thirds having voted in favor, the motion as presented by Mrs. Stolz and amended by Mr. Kassler is not adopted. 8:58 P. M. James E. Barry moved reconsideration of Article 72 and then gave his reasons for this motion. 9:05 P. M. Mr. Barry's motion to reconsider Article 72 was declared lost by voice vote. 9:07 P. M. Eric T. Clarke moved that Article 93 be taken up at this time out of order. Carried by voice vote. 9:07 P. M. Article 93. Albert P. Zabin asked if the reading of this motion could be dispensed with. The Moderator, not hearing any objections, stated that the reading would be dispensed with. 9:08 P. M. (Motion as presented, but not read, is as follows: MOTION: That Section 37 of the Zoning By-Law of the Town be amended as follows: A. By striking out subsections 37.1, 37.3, 37.4 and 37.5 and substituting therefor the following: s 37.1 Purposes of District. The purposes of the Wetland Protection District are to preserve and maintain the ground water table; to protect the public health, welfare and safety by protecting persons and property against the hazards of flood water inundation and damage from the hazards incidental to development in wetlands; to protect the community against the costs which may be incurred when unsuit- able development occurs in swamps, marshes, along water courses, or in areas subject to floods; and to preserve and protect swamps, marshes and other wetlands by preventing environmentally damaging development. 37.3 Permitted Activities. Within a Wetland Protection District no activity shall be engaged in without a special permit as provided in Sections 37.4, 37.5, 37.5-1 or 37.5-2 except for one or more of the following; any woodland, grassland, wetland, agricultural, horticultural, or recreational activity which does not require filling of the land. 37.4 Special Permits for Structures Accessory to Permitted Uses. The Board of Appeals shall issue a special permit for buildings and structures accessory to any of the uses permitted in Section 37.3, or for filling and excavation of the land for such uses, if the Board finds that such building, structure or filling or excavation is in harmony with the general purpose and intent of Section 37, and such building or structure or the necessary construction work for such building or structure will not create a significant risk of appreciably disturbing the water table, so as to create a risk of harm to the property, health, safety, convenience and welfare of other persons or (Adjourned Town Meeting - April 26, 1976) Article 93. of the town, or of causing surface flooding. A copy of every (Cont.) application for such a special permit shall be given by the applicant at the time of submission of the application to the Board of Selectmen, to the Board of Health, to the Town Engineer, to the Planning Board, and to the Conservation Commission. 37.5 Special Permits for Development in Harmony With General Purposes of the District. The Board of Appeals may issue a special permit for any development of land which would otherwise be permitted if such land were not, by operation of this action, in the Wetland Protection District if the Board finds (1) that such land within the District is in fact not subject to flooding or is not unsuitable because of drainage conditions for such development and (2) that the development of such land in the manner proposed will be consistent with the general purposes for which Wetland Protection Districts have been established, and (3) that such development will not create a significant risk of appreciably disturbing the water table so as to create a risk of harm to the property, health, safety, convenience and welfare of other persons or of the town or of causing surface flooding so as to create a risk of harm to the property, health, safety, convenience and welfare of other persons or of the town, i and will not otherwise be detrimental to the public health, convenience, safety, or welfare. At the time of submission a copy of every application for a special permit under this section shall be given by the applicant to the Planning Board, the Board of Health, the Conservation Commission, the Town Engineer, and the Board of Selectmen. The Board of Appeals shall not hold a public hearing on the applica- tion earlier than thirty days after submission of the application. The above-named Boards, Commissions or officials shall submit reports or recommendations on the application to the Board of Appeals at or before the public hearing on the application, but failure to make such reports or recommendations shall not prevent action by the Board of Appeals. 37.5.1 If any of the Boards, Commissions, or officials to whom a copy of the application must be given in accordance with Section 37.5 recommends that the application be denied or recommends that the ' 1 application be granted only on certain conditions, the Board of Appeals shall not unconditionally grant the application unless the applicant presents evidence which responds specifically and in detail to such objection or recommendation and establishes that the proposal meets the pre-requisites for the granting of such a special permit set forth in S37.5 (1) , (2) and (3) or that the imposition of the recommended conditions is unreasonable and subjects the applicant to undue hardship. The application shall not be unreasonably denied. 37.5.2 If any of the town Boards, Commissions, or officials to whom a copy of the application must be given in accordance with Section 37.5 gives the Board of Appeals any recommendation other than an unqualified approval of the application, it shall deliver to the applicant or his attorney, by mail, or in hand, a copy of its recommendations or report not less than seven days prior to the scheduled public hearing. The Board of Appeals shall, on request of the applicant, grant him a continuance for such reasonable time as may be necessary to prepare his case. If the Board of Appeals overrules a recommendation or objection of such town Boards, Commissions, or officials, and issues the special permit, it shall state in writing its reasons, in full. B. By striking the word "uses" in the caption of Section 37.6 and substituting the word "activities", and striking the word "land" from the first and fourth line of Section 37.7. It being understood that by this vote the Town does not intend to ---- accept and adopt Chapter 808 of the Acts of 1975.) once Mr. Zabin, being recognized/and for the second ten minutes, gave the background of the wetland articles. 9:27 P. M. Mr. Zabinfiled the Planning Board Report covering Articles 91 and 93. 9:28 P. M. (Adjourned Town Meeting - April 26, 1976) Article 93. After general discussion, a voice vote was taken on the main (Cont.) motion, which was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 7 Frieda Bisberg 8 2 7 Rena W. Abelmann 8 3 13 Shirley A. Byrne 6 4 10 Judith J. Uhrig 6 5 9 Ephraim Weiss 7 6 18 Susan S. Beck 1 7 13 Jacquelyn H. Ward 2 i 8 8 Mary E. Shunney 11 9 15 Jane P. Buckley 4 At large 11 Patricia K. Hagedorn 9 Totals 111 62 Less than the required two-thirds having voted in favor, the motion presented by Mr. Zabin is not adopted. 9:57 P. M. Albert P. Zabin served notice of reconsideration of Article 93. 9:59 P. M. Article 91. Albert P. Zabin moved that this article be indefinitely postponed. (Planning Board Report covering this article filed under Article 93.) Motion to indefinitely postpone Article 91 declared carried by voice vote. 9:59 P. M. Albert P. Zabin served notice of reconsideration of Atticle 91. 9:59 P. M. Article 30. (See Page 102.) Albert P. Zabin moved that this article be indefinitely postponed. (Planning Board Report covering this article filed under Article 94.) Motion to indefinitely postpone Article 30 declared carried by voice vote. 10 P. M. Albert P. Zabin served notice of reconsideration of Article 30. 10 P. M. Article 92. Albert P. Zabin moved that this article be indefinitely postponed. (Planning Board Report covering this article filed under Article 94.) Mr. Zabin's motion was declared carried by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Frieda Bisberg 5 2 6 Rena W. Abelmann 7 3 16 Shirley A. Byrne 3 - 4 5 Judith J. Uhrig 11 5 5 Ephraim Weiss 9 6 14 Susan S. Beck 3 7 14 Jacquelyn H. Ward 1 8 4 Robert J. Burbidge 13 9 14 Jane P. Buckley 5 At large 10 Patricia K. Hagedorn 6 Totals 96 63 Motion to indefinitely postpone Article 92 prevailed. 10:03 P. M. c4 (Adjourned Town Meeting - April 26, 1976) Article 93. (See Page 135.) Article 94. Presented by Stanley A. Brown. MOTION: That the Zoning By-Law of the Town be amended by adding a (Approved new subsection 26.7 to read as follows: by Atty. Gen. , 26.7 The basement floor or slab of any dwelling house or accessory Francis X. structure thereto shall not be less than 4 feet above the water table; Bellotti, said distance to be determined by methods and procedures approved by August 11, the Building Commissioner. Provided, however, this section shall 1976. not apply to any dwelling house or accessory in existence or for which a building permit has been issued on or before the effective Advertised date of this section, nor shall this section be construed to in Lex. prevent or restrict any addition, alteration, repair or reconstruction Min. Man, of any dwelling house in existence or for which a building permit Aug. 26, has been issued on or before the effective date of this section. Sept. 2, & 9, It being understood that by this vote the Town does not intend to 1976.) accept and adopt Chapter 808 of the Acts of 1975. 10:05 P. M. Mr. Brown filed the Planning Board Report covering this article. 10:10 P. M. The Planning Board Reports covering Articles 91 and 93, and Articles 92 and 30 were placed on file. 10:12 P. M. After general discussion, a voice vote was taken on Article 94 but was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Frieda Bisberg 5 2 13 Rena W. Abelmann 2 3 20 Shirley A. Byrne 0 4 12 Judith J. Uhrig 1 5 14 Ephraim Weiss 0 6 17 Susan S. Beck 2 7 15 Jacquelyrri H. Ward 0 8 13 Robert J. Burbidge 2 9 15 Jane P. Buckley 2 At large 14 Patricia K. Hagedorn 2 Totals 143 16 More than the required two-thirds having voted in favor, the main motion, as presented by Mr. Brown, was adopted. 10:24 P. M. Manfred P. Friedman served notice of reconsideration of Article 92. 10:25 P. M. Sheila M. Busa moved reconsideration of Article 81. This motion was declared lost by voice vote. 10:27 P. M. Article 95. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as follows: A. By inserting at the beginning of Section 26 the words "Except as provided in Section 26.8," B. By adding a new subsection 26.8 as follows: 26.8 The Board of Appeals acting in accordance with the provisions of Section 13 of this By-Law may after a site plan review, grant a special permit for the provision of three or more dwellings on a lot situated in an RO, RS or RT district, provided that the minimum lot area shall be equal to 115 percent of the minimum lot areas given in Section 27 multiplied by the total number of dwellings to be situated thereon. (Adjourned Town Meeting - April 26, 1976) Article 95. It being understood that by this vote the Town does not intend to (Cont. ) accept and adopt Chapter 808 of the Acts of 1975. 10:28 P. M. The Majority and Minority Planning Board Reports covering this article were placed on file. 10:28 P. M. Erik Lund moved to refer the subject matter of this article back to the Planning Board but this motion was declared lost by voice vote. 10:53 P. M. After general discussion, Paul G. Yewell moved the previous question which was declared carried by voice vote. 10:58 P. M. Main motion, as presented by Eric T. Clarke, was declared lost by a unanimous vote. 11 P. M. Howard M. Kassler moved that the meeting be adjourned to Monday, May 3, 1976 at 8 P. M. in Cary Memorial Hall. Declared carried by voice vote. 11:01 P. M. A true copy. Attest: P L Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MAY 3, 1976 The meeting was called to order in Cary Memorial Hall at 8:06 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 178 Town Meeting Members present. Invocation offered by Rev. Dr. Donald A. Wells, Pastor of the Trinity Covenant Church. 8:08 P. M. Patricia A. Swanson moved to take line item #7920 of Article 4 from the table. Carried unanimously. 8:09 P. M. (See Page 94) Article 4. Presented by Patricia A. Swanson. Public Schools #7920 Public School-Education $ 15,136,971. *Of which $12,100. is for out of state travel. To which the sum of $342,280. in available and anticipated P.L. 874 and State METCO funds is to be applied and the balance is raised and appropriated under this article. 8:10 P. M. Howard M. Kassler filed a written notice stating that he would abstain from voting or debating the School budget. Donald B. White, Vice Chairman of the Appropriation Committee, filed a report under this article which stated that although the committee had somewhat mixed feelings about the School Budget this year, they felt that this budget should be accepted by this Town Meeting as being in the best interest of the education of our children and the ability of our taxpayers to pay for this education. 8:27 P. M. Marian C. Reilly moved to amend line item #7920 of Article 4 by 1 striking the sum of $15,136,971. and inserting in it's place the _,J sum of $15,138,795. 8:41 P. M. Mrs. Reilly explained that she wished to eliminate towel services and matrons and put back one-half specialist system wide. 8:47 P. M. Mrs. Swanson spoke in opposition to this amendment. 8:48 P. M. A motion to amend the amendment by Martin V. Sussman was ruled out of order by the Moderator. 8:53 P. M. Mrs. Reilly's motion to amend was declared lost by voice vote. 8:54 P. M. Main motion, as offered by Mrs. Swanson, declared carried by voice vote. 8:54 P. M. Howard M. Kassler moved reconsideration of Article 5 which was declared carried by voice vote. 8:55 P. M. (See Page 130) Article 5. Howard M. Kassler moved to amend Article 5 to read as follows: MOTION: That $314,740 be appropriated for the ensuing fiscal year for the following accounts, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the additional funds required for the Fiscal 1977 Personal Services budget and that such amount be raised in the tax levy: N (Adjourned Town Meeting - May 3, 1976) Article 5. Account No. (Cont.) 3770 Police Collective Bargaining Unit 4120 Fire Dept. Collective Bargaining Unit) $144,000. 4900 D.P.W. Collective Bargaining Unit 7800 Contributory Pension Fund 20,500. 7825 Non-Contributory Pension Fund 7,140. 9000 *Other departments - Personal Services 143,090. $314,740. *Account No. 9000 to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 1060 Town Manager 1070 Temporary Help and Overtime 1075 Clerical Services 1130 Director of Guides 1150 Town Clerk 1300 Personnel 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Animal Control 3760 Police Dept. Management and Staff 4110 Fire Dept. Management and Staff 4300 Local Disaster Services 4450 Inspection 4950 Dept. Public Works Management and Staff �--- 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Benefits 7500 Library 8:58 P. M. Mr. Kassler's motion to amend Article 5 declared carried unanimously. 9:08 P. M. Main motion, as amended, declared carried unanimously. 9:09 P. M. John J. McWeeney moved to take Article 46 off the table which was carried by voice vote. 9:09 P. M. (See Page 107.) Article 46. John J. McWeeney moved that this article be indefinitely postponed. Carried by voice vote. 9:10 P. M. John J. McWeeney moved to take Article 56 from the table which was carried unanimously. 9:10 P. M. r-- (See Page 111.) Article 56. Presented by John J. McWeeney. MOTION: (a.) That the Selectmen be and they hereby are authorized to accept on behalf of the Town for conservation purposes the land shown as Lot 30 on Assessors' Property Map 56 from Moore Homes, Inc. 119 (Adjourned Town Meeting - May 3, 1976) Article 56. (b.) That the Conservation Commission be authorizdd to purchase (Cont.) or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 142B and 143 on Assessors' Property Map 64 and described in deed recorded in Middlesex South Registry of Deeds, Book 12276, Pages 121 and 122, now or formerly of EAT Realty Trust; that the sum of $56,000.00 be appropriated for such land acquisition and that such amount be transferred from the appro- priation voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. — 9:12 P. M. Mr. McWeeney stated that he wished to have this article voted on in two sections. 1. (a) the acceptance of the gift from Mark Moore and 2. (b) the purchase of the land. 9:18 P. M. Howard M. Kassler stated that the Board of Selectmen was unanimously in favor of this article. 9:18 P. M. The Moderator stated that the vote would be taken in two parts. Subsection (a.) . Declared carried unanimously by voice vote. 9:25 P. M. Subsection (b.) . Voice vote not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 6 Frieda Bisberg 7 2 13 Rena W. Abelmann 0 3 14 Shirley A. Byrne 0 4 7 Angela E. Frick 2 5 14 Judith K. Patkin 1 6 16 Susan S. Beck 1 7 14 Jacquelyn H. Ward 2 8 8 Mary E. Shunney 6 9 11 Jane P. Buckley 7 At large 24 Patricia K. Hagedorn 2 Totals 127 28 More than the required two-thirds having voted in favor, the motion under Subsection (b.) was adopted. 9:28 P. M. Shirley A. Stolz moved to take Article 62 from the table which was declared carried unanimously. 9:27 P. M. (See Page 114.) Article 62. Presented by Shirley A. Stolz. MOTION: That the sum of $15,000.00 be appropriated to the Conserva- tion Fund, established by vote under Article 9 of the warrant for the Special Town Meeting of June 8, 1964, and that to raise such amount $5,000.00 be transferred from the unexpended balance of the amount appropriated under Article 57 of the warrant for the 1973 Annual Town Meeting and $10,000.00 be raised in the tax levy. Carried unanimously. 9:30 P. M. (Adjourned Town Meeting - May 3, 1976) Jam' Article 96. Presented by Paul J. MacKenzie. (Approved MOTION: That Section 22 of the Zoning By-Law of the Town be by Atty. amended by: Gen. , Francis: X. A. Adding a subsection number 22.51 before the paragraph under Bellotti, the heading "22.5 wetland protection districts"; Aug. 11, 1976. B. Adding a subsection number 22.6 before the words "RD - multi-family dwelling districts"; Advertised in Lex. C. Changing the presently designated subsection 22.51 to read Min. Man, "22.61 A district on the northerly side of Bedford Street and Aug. 26, southerly side of Winter Street as shown on the Zoning District Sept. 2 & Map No. RD-1 entitled RD Multi-Dwelling designated thereon 22.6". 9, 1976.) It being understood that by this vote the Town does not intend to accept and adopt Chapter 808 of the Acts of 1975. 9:31 P. M. Mr. MacKenzie fildd the Report of the Planning Board on Article 96 unanimously endorsing the adoption of this article. 9:32 P. M. Motion, as presented by Mr. MacKenzie, declared carried unanimously. 9:33 P. M. Article 97. Presented by Paul J. MacKenzie. (Approved MOTION: That the Zoning By-Law of the Town be amended as follows: by Atty. Gen. , By deleting the number designation of subsection 24.8 pertaining to Francis X. "Swimming Pool Regulations" and replacing the subsection number with Bellotti, a new subsection number "24.7". Aug. 11, 1976. It being understood that by this vote the Town does not intend to accept and adopt Chapter 808 of the Acts of 1975. Advertised 9:33 P. M. in Lex. Min. Man, Mr. MacKenzie filed the Report of the Planning Board on Article 97 Aug. 26, unanimously endorsing the adoption of this article. Sept. 2 & 9:34 P. M. 9, 1976.) Motion, as presented by Mr. MacKenzie, declared carried unanimously. 9:34 P. M. Article 98. Presented by Paul J. MacKenzie. (Approved MOTION: That Section 11 of the Zoning By-Law of the Town be amended by Atty. as follows: Gen. , Francis X. By consistently striking in Sections 11, 11.2, 11.3, 11.4, 12.1, Bellotti, 30.2 and in the Index, the term "Building Inspector" and replacing Aug. 11, it with the term "Building Commissioner". 1976. It being understood that by this vote the Town does not intend to Advertised accept and adopt Chapter 808 of the Acts of 1975. in Lex. 9:35 P. M. Min. Man, Aug. 26, Mr. MacKenzie filed the Report of the Planning Board on Article 98 Sept. 2 & unanimously endorsing the adoption of this article. 9, 1976.) 9:35 P. M. Motion, as presented by Mr. MacKenzie, declared carried unanimously. 9:37 P. M. - (Adjourned Town Meeting - May 3, 1976) Martin V. Sussman moved reconsideration of Article 65. 9:38 P. M. (See Pg. 115) After Mr. Sussman explained his reasons for wishing to reconsider Article 65 and Alfred S. Busa, the maker of the original motion under Article 65, spoke against reconsideration, the motion to reconsider Article 65 was declared lost by voice vote. 9:53 P. M. Article 99. Eric T. Clarke moved, at the request of Charles Rossi, owner of the property in question, that this article be indefinitely postponed. Carried by voice vote. 9:54 P. M. Article 2. David A. Lavender asked if there was a report as authorized under Article 47 of the 1975 Annual Town Meeting from the Conservation Commission, Board of Selectmen and the Planning Board. 9:56 P. M. After a short recess called by the Moderator to discuss this matter with the Chairmen of the above boards, Howard M. Kassler, Chairman of the Board of Selectmen, stated that they did not have a report at this time and moved for an extension of one year to file this report. Motion, as offered by Mr. Kassler, declared carried unanimously. 10:01 P. M. Article 105. Presented by Edward E. Furash. MOTION: That the sum of $1,400,000.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1976, and that such amount be transferred from the Excess and Deficiency Account. 10:02 P. M. Mr. Furash stated that the estimated tax rate for this year was $78.00 but predicted that it would be worse next year - somewhere around the $85.00 range. 10:06 P. M. Motion, as offered by Mr. Furash, declared carried unanimously. 10:09 P. M. Howard M. Kassler moved that this meeting be dissolved. Carried unanimously. 10:10 P. M. A true copy. Attest: ) 4pri.„ulfe_ Mary R. McDonough, Town Clerk (WARRANT FOR STATE PRIMARIES - SEE WARRANT FILE) STATE PRIMARIES September 14, 1976 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 14, 1976 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector R Shirley E. Bullock D Margaret M. Potter Inspector D L. Francis Murphy R Ida B. Fisk Inspector R A. Estelle Szalajeski D Marguerite A. Cronin Inspector D Catherine F. Hooper Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Rose J. Grant D Gloria J. Bresnihan Inspector D Helen C. Rooney R Carol A. Goldthwait Inspector R Mary G. McCauley D Ann M. Pace Inspector D Mary G. Oliver R Barbara M. Collins Inspector R Robert P. Trask, Jr. Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Joan H. McDonough Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector D Joan Melcher R Winifred E. Ivester Inspector R Harold W. Josephson D Eleanor L. Ross Inspector D Helen M. Hoyle Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph 0. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector D Henry P. Meade D Evelyn T. Lawson Inspector R Margaret S. Wilson R Sidney G. Lindsley Inspector D Rita E. Kiley D Dorothy A. Shine Inspector R Linda E. Peters Precinct Nine D Elizabeth F. Downey Warden R Norma E. Ebbs Clerk _ D Mary C. Joseph Inspector 3 R Florence M. Downe Inspector D Helen G. Garten Inspector R Dorothy F. LeBert Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. T ,'6( State Primaries - September 14, 1976) The total number of registered voters in each precinct eligible to vote as of August 17, 1976 as follows: PRECINCT REPUBLICANS DEMOCRATS AMERICAN INDEPENDENTS TOTALS One 378 974 0 673 2,025 Two 374 1,105 2 620 2,101 Three 328 824 0 638 1,790 Four 572 969 0 749 2,290 Five 385 984 1 712 2,082 Six 631 831 1 627 2,090 Seven 493 919 0 686 2,098 --� Eight 484 799 0 608 1,891 Nine 463 880 0 805 2,148 Totals 4,108 8,285 4 6,118 18,515 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:05 P. M. Precinct Two 9:10 P. M. Precinct Three 9:15 P. M. Precinct Four 8:30 P. M. Precinct Five 8:50 P. M. Precinct Six 9:15 P. M. Precinct Seven 9 P. M. Precinct Eight 8:25 P. M. Precinct Nine 9:03 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: REPUBLICAN'S DEMOCRAT'S AMERICAN'S TOTAL VOTED VOTED VOTED VOTED Precinct One 63 445 0 508 Precinct Two 49 511 0 560 Precinct Three 61 397 0 458 Precinct Four 86 335 0 421 Precinct Five 59 391 0 450 Precinct Six 88 335 2 425 Precinct Seven 66 352 0 418 Precinct Eight 81 270 0 351 Precinct Nine 59 340 0 399 Totals 612 3,376 2 3,990 21% of the 18,515 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS UNUSED RETURNED RETURNED PRECINCT PROCESSED RETURNED BALLOTS TOO LATE UNUSED IN PERSON RD R D R D R D R D One 0 4 0 4 0 0 Two 0 0 0 0 0 0 Three 0 5 0 4 0 1 -- Four 0 5 0 4 0 1 Five 1 6 1 6 0 0 Six 1 2 1 2 0 0 Seven 1 10 1 10 0 0 Eight 0 1 0 1 0 0 Nine 21 2 1 0 0 Totals 5 34 5 32 0 2 a ^7 (State Primaries - September 14, 1976) o ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED R D RD R D R D R D REGULAR BALLOTS MAILED One 0 8 0 4 0 4 0 0 0 0 Two 1 13 0 7 1 6 0 0 0 0 r-- Three 2 4 0 3 2 1 0 0 0 0 Four 5 12 1 5 4 7 0 0 0 0 Five 0 7 0 5 0 2 0 0 0 0 Six 0 12 0 1 0 11 0 0 0 0 Seven 2 4 1 2 1 1 0 1 0 0 Eight 1 2 0 1 1 1 0 0 0 0 Nine 0 0 0 0 0 0 0 0 0 0 Totals 11 62 2 28 9 33 0 1 0 0 TOTALS 16 96 7 60 9 35 0 1 0 0 BALLOTS REJECTED Two 1 REPUBLICAN PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS [-- Michael S. Robertson 54 39 52 69 50 75 53 67 49 508 Blanks 9 10 9 17 9 13 13 14 10 104 Totals 63 49 61 86 59 88 66 81 59 612 CONGRESSMAN - Fifth District Roger P. Durkin 58. 43 51 73 51 76 57 72 53 534 Blanks 5 6 10 13 8 12 9 9 6 78 Totals 63 49 61 86 59 88 66 81 59 612 COUNCILLOR - Sixth District (Prec. 1, 2, 3 & 5) Blanks 63 49 6159 232 Totals 63 49 61 59 232 COUNCILLOR - Third District (Prec. 4, 6, 7, 8 & 9) Blanks 8688 66 81 59 380 Totals 86 88 66 81 59 380 SENATOR - Fourth Middlesex District (Prec. 1, 2, 3 & 5) ._ Blanks 63 49 6159 232 Totals 63 49 61 59 232 , ` %_ (.7) (State Primaries - September 14, 1976) REPUBLICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr. 3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR - Fifth Middlesex District (Prec. 4, 6, 7, 8 & 9) Ronald C. MacKenzie 62 60 45 55 47 269 John J. Leary ;0 0 0 1 0 1 Blanks ; 2428 21 25 12 110 Totals 86 88 66 81 59 380 REPRESENTATIVE IN GENERAL COURT - 35th Middlesex District (Prec. 1, 2, 3, 4, 5 and 6) Lincoln P. Cole, Jr. 62 45 52 80 54 80 373 Blanks 1 4 9 6 5 8 33 Totals 63 49 61 86 59 88 406 REPRESENTATIVE IN GENERAL COURT-37th Middlesex District (Prec. 7 and 8) Robert W. Rimbach 1 0 1 Blanks 65 81 146 Totals 66 81 147 REPRESENTATIVE IN GENERAL COURT - 38th Middlesex District (Prec. 9 Only) Edward M. Dickson 50 50 Blanks 9 9 Totals 59 59 CLERK OF COURTS - Middlesex County Joan R. Needleman 46 39 46 65 45 69 53 71 50 484 Blanks 17 10 15 21 14 19 13 10 9 128 Totals 63 49 61 86 59 88 66 81 59 612 REGISTER OF DEEDS - Middlesex Southern District Lester W. Bowen 0 1 0 4 3 4 0 0 1 13 William R. Bowen 0 0 0 0 0 1 0 0 0 1 Blanks 63 48 61 82 56 83 66 81 58 598 Totals 63 49 61 86 59 88 66 81 59 612 COUNTY COMMISSIONER - Middlesex County Carl J. Cincotta 53 40 53 66 47 74 50 68 48 499 Lester W. Bowen 0 0 2 1 0 0 0 0 2 5 Blanks 73 58 67 105 71 102 82 94 68 720 Totals 126 98 122 172 118 176 132 162 118 1,224 (STATE PRIMARIES - September 14, 1976) "' F r1 DEMOCRATIC PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS Edward M. Kennedy 338 429 332 282 312 294 289 230 270 2,776 Robert Emmet Dinsmore 61 59 37 37 43 21 42 27 42 369 Frederick C. Langone 35 9 19 9 21 11 13 9 15 141 Bernard P. Shannon 6 4 5 2 4 3 6 2 4 36 Blanks 5 10 4 5 11 6 2 2 9 54 Totals 445 511 397 335 391 335 352 270 340 3,376 CONGRESSMAN - Fifth District Paul E. Tsongas 346 427 322 269 322 291 300 221 279 2,777 Blanks 99 84 75 66 69 44 52 49 61 599 Totals 445 511 397 335 391 335 352 270 340 3,376 COUNCILLOR - Sixth District (Prec. 1, 2, 3 & 5) Joseph A. Langone III 144 116 106 101 467 Thomas Francis Rossi 60 70 57 46 233 Frederick A. Sannella 35 22 12 27 96 Blanks 206 303 222217 948 Totals 445 511 397 391 1,744 COUNCILLOR - Third District (Prec. 4, 6, 7, 8 & 9) Herbert L. Connolly 131 133 133 119 143 659 Blanks 204202 219 151 197 973 — Totals 335 335 352 270 340 1,632 ' SENATOR - Fourth Middlesex District (Prec. 1, 2, 3 & 5) John W. Bullock 168 124 85 102 479 John P. Feeney 21 16 13 11 61 Samuel Rotondi 233 344 272 252 1,101 Blanks 23 27 27 26 103 Totals 445 511 397 391 1,744 SENATOR - Fifth Middlesex District (Prec. 4, 6, 7, 8 & 9) John J. Leary 162 165 174 140 176 817 Blanks 173 170178 130 164 815 Totals 335 335 352 270 340 1,632 REPRESENTATIVE IN GENERAL COURT - 35th Middlesex District (Prec. 1, 2, 3, 4, 5 & 6) Eleana F. Jewett 1 0 0 0 0 0 1 Blanks 444 511 397 335 391 335 2,413 Totals 445 511 397 335 391 335 2,414 REPRESENTATIVE IN GENERAL COURT - 37th Middlesex District (Prec. 7 & 8) Carol C. Amick 270 188 458 Blanks 82 82 164 Totals 352 270 622 2 0 (STATE PRIMARIES - September 14, 1976) DEMOCRATIC PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPRESENTATIVE IN GENERAL COURT - 38th Middlesex District ; (Precinct 9 Only) Blanks 340 340 Totals 340 340 CLERK OF COURTS - Middlesex County Edward J. Sullivan 257 258 186 159 189 147 147 141 171 1,655 Eleana F. Jewett 1 0 0 0 0 0 0 0 0 1 Blanks 187 253 211 176 202 188 205 129 169 1,720 Totals 445 511 397 335 391 335 352 270 340 3,376 REGISTER OF DEEDS - Middlesex Southern District John F. Zamparelli 213 214 141 150 183 133 138 124 160 1,456 Blanks 232 297 256 185 208 202 214 146 180 1,920 Totals 445 511 397 335 391 335 352 270 340 3,376 COUNTY COMMISSIONER - Middlesex County Michael E. McLaughlin 160 132 102 90 129 63 93 78 95 942 S. Lester Ralph 198 254 175 170 181 196 166 130 155 1,625 Joyce Morrissey Beatty 46 51 54 51 47 55 62 41 46 453 Richard Robert Caples 31 49 43 37 38 40 32 17 22 309 Thomas F. Coughlin 167 152 138 88 126 101 98 96 145 1,111 Bernard J. Hennessy 42 56 42 33 27 58 59 18 41 376 Blanks 246 328 240 201 234 157 194 160 176 1,936 Totals 890 1,022 794 670 782 670 704 540 680 6,752 Ill , AMERICAN PARTY BALLOT SENATOR IN CONGRESS Robert V. Pace 0 0 0 0 0 2 0 0 0 2 Blanks 0 0 00 0 0 0 0 0 0 Totals 0 0 0 0 0 2 0 0 0 2 CONGRESSMAN - Fifth District Blanks 0 0 0 0 0 2 0 0 0 2 Totals 0 0 0 0 0 2 0 0 0 -2 - COUNCILLOR - Sixth District (Prec. 1, 2, 3 & 5) Blanks 0 0 0 0 0 Totals 0 0 0 0 -0 - COUNCILLOR - Third District (Prec. 4, 6, 7, 8 & 9) Blanks 0 2 0 0 0 2 Totals 0 2 0 0 0 2 SENATOR - Fourth Middlesex District (Prec. 1, 2, 3 & 5) Blanks 0 0 0 0 0 Totals 0 0 0 0 0 SENATOR - Fifth Middlesex District (Prec. 4, 6, 7, 8 & 9) Blanks 0 2 0 0 0 2 Totals 0 2 0 0 0 2 1 (STATE PRIMARIES - September 14, 1976) AMERICAN PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPRESENTATIVE IN GENERAL COURT - 35th Middlesex District (Precinct 1, 2, 3, 4, 5 and 6) { Blanks 0 0 0 0 0 2 2 Totals 0 0 0 0 0 2 2 REPRESENTATIVE IN GENERAL COURT - 37th Middlesex District [-7 (Precinct 7 and 8) Blanks 0 0 0 Totals 0 0 0 REPRESENTATIVE IN GENERAL COURT - 38th Middlesex District (Precinct 9 Only) Blanks 0 0 Totals 0 0 CLERK OF COURTS - Middlesex County Blanks 0 0 0 0 0 2 0 0 0 2 Totals 0 0 0 0 0 2 0 0 0 2 REGISTER OF DEEDS - Middlesex Southern District Blanks 0 0 0 0 0 2 0 0 0 2 Totals 0 0 0 0 0 2 0 0 0 -2 - COUNTY COMMISSIONER - Middlesex County j Blanks 0 0 0 0 0 4 0 0 0 4 Totals 0 0 0 0 0 4 0 0 0 -2-1- ,, A true copy. Attest: �je htia.'tKn- /l(148-1,14,tAlZ, Mary R. McDonough, Town Clerk T )2 (WARRANT FOR STATE ELECTION - SEE WARRANT FILE.) STATE ELECTION November 2, 1976 In pursuance of the foregoing warrant the legal voters of the Town of Lex- ington met in their respective voting places in said Town of Lexington on Tuesday, November 2, 1976 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector D Catherine F. Hooper D Margaret M. Potter Inspector R Caroline F. Deloury R Winifred F. Hubbard Inspector D L. Francis Murphy D Marguerite A. Cronin Inspector R A. Estelle Szalajeski Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Rose J. Grant D Gloria J. Bresnihan Inspector D Helen C. Rooney R Carol A. Goldthwait Inspector R Mary G. McCauley D Hilda D. Glaubman Inspector D Mary G. Oliver R Barbara M. Collins Inspector R Dorothy F. LeBert Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Joan H. McDonough Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector D Helen M. Hoyle R Winifred C. Ivester Inspector R Harold W. Josephson D Ann M. Pace Inspector D Joan Melcher Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph 0. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector D Henry P. Meade D Evelyn T. Lawson Inspector R Margaret S. Wilson R Shirley E. Bullock Inspector D Mary N. Ayvazian D Dorothy A. Shine Inspector R Sidney G. Lindsley Precinct Nine D Elizabeth F. Downey Warden R Sally S. Hooper Clerk D Mary C. Joseph Inspector R Letitia E. Cunha Inspector D Helen G. Garten Inspector R Norma E. Ebbs Inspector -- The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. (State Election - November 2, 1976) ' The total number of registered voters in each precinct eligible to vote as of October 5, 1976 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS One 392 1,050 747 0 2,189 , Two 380 1,184 707 3 2,274 Three 327 870 727 0 1,924 Four 592 1,004 841 0 2,437 Five 402 1,018 795 2 2,217 Six 649 868 692 2 2,211 -- Seven 505 964 776 0 2,245 ' Eight 486 843 678 0 2,007 Nine 470 924 873 0 2,267 Totals 4,203 8,725 6,836 7 19,771 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:20 P. M. Precinct Two 10:35 P. M. Precinct Three 9:35 P. M. Precinct Four 10:40 P. M. Precinct Five 9:55 P. M. Precinct Six 10:25 P. M. Precinct Seven 11 P. M. Precinct Eight 9:15 P. M. Precinct Nine 10:30 P. M. 1 The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 1,855 voters cast their vote ' Precinct Two 1,961 voters cast their vote Precinct Three 1,682 voters cast their vote Precinct Four 2,082 voters cast their vote Precinct Five 1,914 voters cast their vote Precinct Six 1,953 voters cast their vote ,,._ Precinct Seven 1,939 voters cast their vote Precinct Eight 1,753 voters cast their vote Precinct Nine 1,992 voters cast their vote Totals 17,131 voters cast their vote 86.6% of the 19,771 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON One 15 15 0 Two 15 13 2 Three 17 17 0 Four 29 28 1 Five 27 26 1 Six 23 23 0 Seven 19 15 4 1 Eight 10 10 0 Nine 14 140 Totals 169 161 8 Z (State Election - November 2, 1976) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED REGULAR BALLOTS MAILED One 123 108 10 4 1 Two 107 87 14 2 4 Three 104 92 10 1 1 Four 194 157 28 8 1 Five 127 106 16 4 1 Six 148 117 25 6 0 Seven 132 108 19 2 3 Eight 90 77 12 0 1 Nine 90 8010 0 0 Totals 1,115 932 144 27 12 FEDERAL PERSONNEL - VOTER One 3 1 0 2 0 Two 3 1 0 2 0 Three 0 0 0 0 0 Four 2 2 0 0 0 Five 4 2 0 2 0 Six 3 3 0 0 0 Seven 6 4 1 1 0 Eight 2 1 1 0 0 Nine 22 0 0 0 Totals 25 16 2 7 0 FEDERAL PERSONNEL - NON-VOTER r-^t One 0 0 0 0 0 Two 6 3 3 0 0 Three 0 0 0 0 0 Four 1 0 1 0 0 Five 7 5 2 0 0 Six 4 2 1 1 0 Seven 1 1 0 0 0 Eight 3 3 0 0 0 Nine 63 3 0 0 Totals 28 17 10 1 0 TOTALS 1,337 1,126 164 35 12 BALLOTS REJECTED Precinct One 4 Precinct Two 4 Precinct Three 2 Precinct Four 7 Precinct Five 5 Precinct Six 2 Precinct Seven 2 Precinct Eight 2 Precinct Nine 2 Total Rejected 30 (State Election - November 2, 1976) s ` ELECTORS OF PRESIDENT AND VICE PRESIDENT Pr.1 Pr.2 Pr. 3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Anderson and Shackelford 3 4 5 8 3 3 5 4 5 40 Camejo and Reid 6 10 6 7 8 5 7 3 6 58 Carter and Mondale 961 1117 887 996 956 874 959 827 917 8,494 Ford and Dole 803 747 711 964 866 1008 896 835 984 7,814 LaRouche Jr. and Evans 1 8 2 0 0 0 1 3 2 17 McCarthy and Stouffer 53 56 49 72 51 44 46 59 56 486 Bubar and Dodge 0 0 0 0 0 0 0 0 0 0 Levin and Blomen 0 0 0 0 0 0 0 0 0 0 MacBride and Bergland 2 0 0 0 1 0 0 0 0 3 Wright and Spook 0 0 0 0 0 0 0 0 0 0 All others 0 2 2 4 1 1 1 1 1 13 Blanks 26 17 20 31 28 18 24 21 21 206 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 SENATOR IN CONGRESS Edward M. Kennedy 1230 1348 1134 1311 1239 1121 1200 1074 1207 10,864 Michael S. Robertson 534 538 468 , 662 569 728 654 602 687 5,442 Carol Henderson Evans 14 16 25 30 19 26 26 11 26 193 H. Graham Lowry 13 6 8 7 8 8 6 8 12 76 All others 0 0 0 0 1 0 0 0 0 1 Blanks 64 53 47 72 78 70 53 58 60 555 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 CONGRESSMAN - (Fifth District) 77Paul E. Tsongas 1226 1363 1144 1355 1306 1193 1279 1113 1283 11,262 Roger P. Durkin 490 459 427 570 486 650 552 501 589 4,724 Blanks 139 139 111 157 122 110 108 139 120 1,145 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 COUNCILLOR - (Third District) (Prec. 4, 6, 7, 8 & 9) Herbert L. Connolly 1022 933 924 914 1015 4,808 All others 0 0 0 1 0 1 Blanks 1060 1020 1015 838 977 4,910 Totals 2082 1953 1939 1753 1992 9,719 COUNCILLOR - (Sixth District) (Prec. 1, 2, 3 & 5) Joseph A. Langone III 1018 984 893 976 3,871 Blanks 837 977 789 938 3,541 Totals 1855 1961 1682 1914 7,412 SENATOR IN GENERAL COURT - FOURTH MIDDLESEX DISTRICT (Prec. 1, 2, 3 & 5) LT Samuel Rotondi 1087 1103 961 1048 4,199 Helen T. Metros 413 432 360 441 1,646 Blanks 355 426 361 425 1,567 Totals 1855 1961 1682 1914 7,412 SENATOR IN GENERAL COURT - FIFTH MIDDT,RSEX DISTRICT (Prec. 4, ,6, 7, 8 & 9) Ronald C. MacKenzie 876 944 818 768 849 4,255 John J. Leary 886 757 876 765 900 4,184 Blanks 320 252 245 220 243 1,280 Totals 2,082 1,953 1,939 1,753 1,992 9,719 7r^ (State Election - November 2, 1976) REPRESENTATIVE IN GENERAL COURT - (Thirty-fifth Middlesex District) (Prec. 1, 2, 3, 4, 5 & 6) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Lincoln P. Cole, Jr. 1335 1302 1144 1478 1368 1455 8,082 All others 0 0 0 0 0 1 1 Blanks 520 659 538 604 546 497 3,364 Totals 1855 1961 1682 2082 1914 1953 11,447 REPRESENTATIVE IN GENERAL COURT - (Thirty-seventh Middlesex District) (Prec. 7 & 8) Carol C. Amick 1333 1138 2,471 All others 0 1 1 Blanks 606 614 1,220 Totals 1939 1753 3,692 REPRESENTATIVE IN GENERAL COURT - (Thirty-eighth Middlesex District) (Prec. 9 Only) Edward M. Dickson 1136 1136 Blanks 856 856 Totals 1992 1,992 CLERK OF COURTS - (Middlesex County Edward J. Sullivan 914 863 750 765 745 635 666 666 818 6,822 Joan R. Needleman 628 736 598 881 797 969 893 762 855 7,119 All others 1 0 0 0 0 0 0 1 0 2 Blanks 312 362 334 436 372 349 380 324 319 3,188 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 REGISTER OF DEEDS - (Middlesex Southern District) John F. Zamparelli 883 822 720 746 786 622 696 675 791 6,741 Lester W. Bowen 565 609 511 807 626 865 738 666 762 6,149 All others 1 0 0 0 0 0 0 0 0 1 Blanks 406 530 451 529 502 466 505 412 439 4,240 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 COUNTY COMMISSIONER - (Middlesex County) S. Lester Ralph 921 1086 842 1045 975 947 972 841 967 8,596 Carl J. Cincotta 636 647 595 835 678 850 794 698 797 6,530 Michael E. McLaughlin 656 594 510 617 618 510 566 548 667 5,286 Blanks 1497 1595 1417 1667 1557 1599 1546 1419 1553 13,850 Totals 3710 3922 3364 4164 3828 3906 3878 3506 3984 34,262 QUESTION NO. 1 - (EQUAL RIGHTS AMENDMENT) Yes 1107 1318 1067 1410 1251 1347 1306 1099 1247 11,152 No 652 553 534 575 566 537 566 567 668 5,218 Blanks 96 90 81 97 97 69 67 87 77 761 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 r---a QUESTION NO. 2 - (GRADUATED INCOME TAX RATES AMENDMENT) Yes 532 656 491 604 489 545 556 473 491 4,837 No 1207 1201 1093 1351 1316 1317 1308 1183 1400 11,376 Blanks 116 104 98 127 109 91 75 97 101 918 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 (State Election - November 2, 1976) QUESTION NO. 3 - (ABSENTEE VOTING FOR RELIGIOUS REASONS AMENDMENT) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Yes 1075 1251 1002 1376 1181 1290 1247 1074 1184 10,680 No 659 588 564 578 606 560 588 569 702 5,414 Blanks 121 122 116 128 127 103 104 110 -.106 1,037 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 4 - (ESTABLISH A MASSACHUSETTS POWER AUTHORITY) Yes 294 399 320 397 317 301 335 278 331 2,972 No 1392 1396 1216 1506 1428 1501 1469 1128 1532 12,568 Blanks 169 166 146 179 169 151 135 347 129 1,591 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 5 - (BANNING PRIVATE HANDGUNS) Yes 781 1032 807 1053 938 997 979 792 860 8,239 No 946 822 791 915 872 867 872 881 1059 8,025 Blanks 128 107 84 114 104 89 88 80 73 867 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 6 - (CONTROLS ON BOTTLES AND CANS) Yes 1105 1333 1037 1449 1228 1353 1358 1147 1260 11,270 No 639 506 547 523 575 510 502 518 645 4,965 Blanks 111 122 98 110 111 90 79 88 87 896 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 7 - (UNIFORM ELECTRIC RATES) [-- Yes 498 651 491 554 548 514 564 492 513 4,825 No 1228 1202 1074 1382 1221 1320 1271 1157 1375 11,230 Blanks 129 108 117 146 145 119 104 104 104 1,076 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 8 - (OIL REFINERY AND DEEP WATER PORT) Yes 1103 1131 994 1229 1133 1194 1169 1071 1281 10,305 No 595 665 518 637 598 593 630 541 552 5,329 Blanks 157 165 170 216 183 166 140 141 159 1,497 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 QUESTION NO. 9 - (SUNDAY CLOSING LAWS) Yes 927 1034 882 1013 980 916 1022 883 1077 8,734 No 805 817 701 944 820 946 823 777 837 7,470 Blanks 123 110 99 125 114 91 94 93 78 927 Totals 1855 1961 1682 2082 1914 1953 1939 1753 1992 17,131 A true copy. Attest: R 7r Mary R. McDonough, Town Clerk c r- f Daniel I. Small, 33 Wachusett Drive, resigned as a Town Meeting Member from Precinct 4 on January 11, 1977. Paul J. Nicholson, 2006 Massachusetts Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 4 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 4 on January 18, 1977. Mr. Nicholson will fill the vacancy caused by the resignation of Daniel I. Small for a term expiring in March 1977. Fredric S. Cohen, 27 Saddle Club Road, resigned as a Town Meeting Member from Precinct 5 effective January 13, 1977. Thomas L. Preziosi, 12 Lockwood Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 5 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 5 effective January 18, 1977. Mr. Preziosi will fill the vacancy caused by the resignation of Fredric S. Cohen for a term expiring in March 1977. Diane Lund, 23 Nickerson Road, resigned as a Town Meeting Member from Precinct 9 effective January 18, 1977. Clifford B. Porter, 393 Lincoln Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 9 at the March 1, 1976 election, accepted a position as Town Meeting Member from Precinct 9 effective January 18, 1977. Mr. Porter will fill the vacancy caused by the resignation of Diane Lund for a term expiring in March 1977. Erik Lund, 23 Nickerson Road, resigned as a Town Meeting Member from Precinct 9 effective February 10, 1977. This vacancy will be filled at the March 7, 1977 Annual Town Election by the defeated candidate that receives the highest vote. Ephraim Weiss, 462 Lowell Street, resigned as a Town Meeting Member from Precinct Five effective February 24, 1977. This vacancy will be filled at the March 7, 1977 Annual Town Election by the defeated candidate that receives the highest vote. Elizabeth M. Flynn, 310 Concord Avenue, resigned as a Town Meeting Member from Precinct Three effective March 2, 1977. This vacancy will be filled at the March 7, 1977 Annual Town Election by the defeated candidate that receives the highest vote. (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) 2 ANNUAL TOWN ELECTION MARCH 7, 1977 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 7, 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the various -- precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector R Winifred F. Hubbard D Margaret M. Potter Inspector R Caroline F. Deloury R Barbara M. Collins Inspector D Cornelius P. Cronin Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk D Helen C. Rooney R Carol A. Goldthwait Inspector R Dorothy F. LeBert D Marguerite A. Cronin Inspector R Mary G. McCauley R Norma E. Ebbs Inspector D Mary G. Oliver Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector R Harold W. Josephson R Winifred C. Ivester Inspector D Helen M. Hoyle Precinct Seven Precinct Eight R Mary F. Irwin Warden R Helen L. Perry D Ann M. Baum Clerk R Margaret S. Wilson R Irene Norcross Inspector D Henry P. Meade D Ann M. Pace Inspector D Rita E. Kiley D Mary N. Ayvazian Inspector R Sidney G. Lindsley Precinct Nine D Joan H. McDonough Warden R Sally S. Hooper Clerk R A. Estelle Szalajeski Inspector D Mary C. Joseph Inspector R Shirley E. Bullock Inspector ._._ The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. . t (Annual Town Election - March 7, 1977) The total number of registered voters in each precinct eligible to vote as of February 15, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS AMERICANS INDEPENDENTS TOTALS One 381 1,047 0 753 2,181 Two 375 1,169 3 715 2,262 Three 324 868 2 742 1,936 Four 592 991 1 835 2,419 Five 399 1,011 2 805 2,217 Six 645 860 2 700 2,207 Seven 498 946 0 783 2,227 Eight 479 1833 0 686 1,998 Nine 469 918 0 881 2,268 Totals 4,162 8,643 10 6,900 19,715 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:02 P. M. Precinct Two 9:03 P. M. Precinct Three 8:55 P. M. Precinct Four 9:05 P. M. Precinct Five 8:30 P. M. Precinct Six 9:23 P. M. Precinct Seven 9:26 P. M. Precinct Eight 8:50 P. M. Precinct Nine 9 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 849 voters cast their vote Precinct Two 931 voters cast their vote Precinct Three 729 voters cast their vote Precinct Four 968 voters cast their vote Precinct Five 811 voters cast their vote Precinct Six 1,016 voters cast their vote J Precinct Seven 899 voters cast their vote Precinct Eight 808 voters cast their vote Precinct Nine 827 voters cast their vote Total 7,838 voters cast their vote 39.7% of the eligible 19,715 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON One 7 6 1 Two 8 8 0 Three 5 5 0 Four 9 9 0 Five 7 6 1 Six 14 14 0 _ Seven 5 5 0 Eight 2 2 0 Nine 33 0 ""' Totals 60 58 2 (Annual Town Election - March 7, 1977) ;. ;:pry ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED REGULAR BALLOTS MAILED One 29 24 5 0 0 Two 9 4 4 0 1 Three 22 20 2 0 0 --- Four 33 29 4 0 0 Five 8 8 0 0 0 Six 34 29 3 0 2 Seven 23 19 3 1 0 Eight 6 4 1 1 0 Nine 9 5 4 0 0 Totals 173 142 26 2 3 Final Totals 233 200 28 2 3 Four 1 Rejected Five 2 Rejected Nine 2 Rejected Total 5 Rejected Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN Margery M. Battin 451 554 403 582 475 643 584 438 446 4,576 Alfred S. Busa 563 495 440 557 470 588 480 492 510 4,595 [I7 James A. LaFauci 0 0 0 0 0 0 0 0 1 1 I Frank Sandy 0 0 0 3 0 0 0 0 0 3 Blanks 684 813 615 794 677 801 734 686 697 6,501 Totals 1,698 1,862 1,458 1,936 1,622 2,032 1,798 1,616 1,654 15,676 Margery M. Battin and Alfred S. Busa were elected to the Board of Selectmen, each for a three year term ending in March 1980. SCHOOL COMMITTEE Robert I. Rotberg 345 497 349 526 434 556 513 369 343 3,932 Jean Gaudet 547 462 412 489 419 484 420 464 517 4,214 Kenneth M. Hoffman 354 521 367 560 459 635 566 413 481 4,356 Blanks 452 382 330 361 310 357 299 370 313 3,174 Totals 1,698 1,862 1,458 1,936 1,622 2,032 1, 798 1,616 1,654 15,676 Jean Gaudet and Kenneth M. Hoffman were elected to the School Committee, each for a three year term ending in March 1980. PLANNING BOARD Karsten Sorensen 98 79 91 216 109 112 64 105 107 981 Judith J. Totman 252 373 196 277 192 246 156 164 182 2,038 [-- Iris G. Wheaton 288 312 244 296 322 464 552 322 337 3,137 Stanley E. Toye 10 1 3 3 2 11 3 23 1 57 Martha Hauptman 0 0 0 0 0 1 0 0 0 1 Blanks 201 166 195 176 186 182 124 194 200 1,624 Totals 849 931 729 968 811 1,016 899 808 827 7,838 Iris G. Wheaton was elected to the Planning Board for a five year term ending in March 1982. 2_, _,2 (Annual Town Election - March 7, 1977) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals MODERATOR Lincoln P. Cole, Jr. 612 635 525 689 613 748 649 599 626 5,696 Blanks 237 296 204 279 198 268 250 209 201 2,142 Totals 849 931 729 968 811 1,016 899 808 827 7,838 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending in March 1978. . , LEXINGTON HOUSING AUTHORITY Joseph 0. Rooney 569 542 463 615 512 643 541 540 540 4,965 Martha Hauptman 0 0 0 0 0 1 0 0 0 1 Blanks 280 389 266 353 299 372 358 268 287 2,872 Totals 849 931 729 968 811 1,016 899 808 827 7,838 Joseph O. Rooney was elected to the Lexington Housing Authority for a term of five years ending in March 1982. TOWN MEETING MEMBERS - PRECINCT ONE *Vito M. Bellino 385 Carol A. Batstone 289 *Sheila M. Busa 476 *Sheila Clemon-Karp 369 *Ralph A. Cataldo 426 W. Jean Hyde 342 *William R. Cataldo 383 Benny A. Santosuosso 336 ****Albert P. Zabin 367 *Pamela M. Stone 398 _ ****John T. Avery 367 Blanks 2,654 *Elected for three years. ****Tie for seventh place. Special election March 21, 1977 to determine the winner of the one and three year terms. r—' TOWN MEETING MEMBERS - PRECINCT TWO ,� *Lillian T. MacArthur 370 Anthony C. Busa 298 Roy J. Murphy 293 Mary L. Enright 259 *William J. O'Neil 352 *William P. Hadley 356 Joseph C. Steinkrauss 343 *Edward O'Brien 407 *Judith J. Totman 400 *Elizabeth H. Pressman 390 William S. Widnall 325 Herman S. Schultz 1 *William E. Bicknell 475 Blanks 2,248 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE Joseph A. Campbell 293 *Robert I. Rotberg 353 ***John P. Carroll 304 *Donald H. Briggs, Jr. 305 Erna S. Greene 297 *Jean Gaudet 433 *Daniel L. McCabe 349 *William A. Ridgley 307 *Marian C. Reilly 352 Blanks 2,507 *Marie E. Roberts 332 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT FOUR John Deutch 308 *Susan C. Hodgkins 347 *Angela E. Frick 405 *Richard F. Perry 354 *Joyce Hals 362 Margaret F. Rawls 330 Paul J. Nicholson 274 *Sandra J. Shaw 403 Hal Singley 282 Theodora W. Shrock 312 ***Alfred P. Tropeano 338 Karsten Sorensen 336 *Judith J. Uhrig 382 *Ruth S. Thomas 411 George P. Wadsworth 333 Blanks 2,567 *Elected for three years. ***Elected for one year. (Annual Town Election - March 7, 1977) TOWN MEETING MEMBERS - PRECINCT FIVE *Howard Cravis 350 *Jane E. Berchtold 354 *William M. Fraser 318 Eric Craig Biederman 195 *George F. McCormack 335 *Paul E. Hamburger 322 *Judith K. Patkin 344 Warren Roberts 242 Thomas L. Preziosi 139 ***Lloyd D. Taylor 263 Edward D. Tocio 238 Walter L. Williams 262 *David G. Williams 316 Blanks 3,344 ***Stillman P. Williams, 277 --- *Elected for three years. ***Elected for one year. f TOWN MEETING MEMBERS - PRECINCT SIX *Susan S. Beck 591 *Harry A. Hall, III 437 *J. Keith Butters 566 ***Scott D. MacKay 365 *Joan P. Crothers 522 *Setha G. Olson 428 *Donald B. White 598 *Susan S. Solomon 483 Michael F. Curtis 313 Martha Hauptman 7 Irving Goldberg 322 Blanks 3,496 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SEVEN *John R. Campbell 522 *Graydon M. Wheaton 463 *Winifred L. L. Friedman 452 Carl E. Larsen 350 Myron L. Miller 424 *Alice M. Pierce 505 *Richard L. Sullivan 433 *Roger G. Trudeau 476 *John E. Ward 429 Blanks 2,239 *Elected for three years. fl TOWN MEETING MEMBERS - PRECINCT EIGHT !!L *G. Richard Beamon 362 ****Shirley H. Stolz 312 *John E. Carlson 315 Paul G. Yewell 279 *James M. McLaughlin 375 *Charles E. Connolly 317 ****Temple E. Scanlon 312 *Ione D. Garing 353 *Mary E. Shunney 371 Daniel M. Whitney 306 *Francis W. K. Smith 316 Blanks 2,846 *Elected for three years. **** Tie for eighth place. Special election March 21, 1977 to determine the winner of the one year term. (See Page 164.) TOWN MEETING MEMBERS - PRECINCT NINE *Ronald W. Colwell 440 Roy Weinstein 247 *Louis E. Conrad 406 **Donald F. Albertine 331 *Alice M. Hinkle 478 *Gordon E. Barnes, Jr. 382 *Frederick V. David G. Kocher 279 McMenimen, Jr. 456 *Iris E. Larssen 339 *Clifford B. Porter 355 Blanks 2,587 Daniel E. Power 316 *Elected for three years. , **Elected for two years. A true copy. i Attest: %/tow A) i/t.) 4014.44.4/1 c Mary R. McDonough, Town Clerk - "9 - Daniel E. Power, 2246 Massachusetts Avenue, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 9 at the March 7, 1977 Annual Town Election, accepted a position as Town Meeting Member from Precinct 9 on March 11, 1977. Mr. Power will fill the vacancy caused by the resignation of Erik Lund, 23 Nickerson Road, on February 10, 1977 for a term of one year. Walter L. Williams, 195 Woburn Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 5 at the March 7, 1977 Annual Town Election, accepted a position as Town Meeting Member from Precinct 5 on March 11, 1977. Mr. Williams will fill the vacancy caused by the resignation of Ephraim Weiss, 462 Lowell Street, on February 24, 1977 for a term of one year. Erna S. Greene, 25 Bridge Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 3 at the March 7, 1977 Annual Town Election, accepted a position as Town Meeting Member from Precinct 3 on March 10, 1977. Mrs. Greene will fill the vacancy caused by the resignation of Elizabeth M. Flynn, 310 Concord Avenue, on March 2, 1977 for a term of one year. David A. Lavender, 20 Avon Street, resigned as a Town Meeting Member from Precinct Eight effective March 10, 1977. This resignation leaves a one year vacancy in Precinct 8. At the Annual Town Election on March 7, 1977 Temple E. Scanlon, 62 Ledgelawn Avenue and Shirley H. Stolz, 2139 Massachusetts each received 312 votes creating a tie for the eighth place for the one year term. A special election of Town Meeting Members from Precinct 8 only was to be held to break this tie but, in accordance with a verbal communication with Norman P. Cohen, Town Counsel, it will not be necessary to have this special election. As there are two vacancies for a one year term,both Temple E. Scanlon and Shirley H. Stolz will fill these two positions for terms ending in March 1978. Acceptances have been filed by Mr. Scanlon on March 14, 1977 and by Mrs. Stolz on March 15, 1977. SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT ONE MARCH 21, 1977 At the Annual Town Election held March 7, 1977 John T. Avery and Albert P. Zabin received 367 votes each for Town Meeting Member from Precinct One, therefore creating a tie. A special election of Town Meeting Members from Precinct One 7— only was held Monday, March 21, 1977 at 7:30 P. M. in Estabrook Hall to determine the winner of the three year term and the runner up to fill the one year term. Jerome J. Green acted as Chairman of the meeting and Sheila Clemon-Karp acted as Clerk. There were sixteen Town Meeting Members from Precinct One present. The election was held by paper ballot, counted by the Chairman and the Clerk, results as follows: John T. Avery 9 Albert P. Zabin 7 Total 16 John T. Avery was declared elected to the three year term ending in March 1980. Albert P. Zabin was declared elected to the one year term ending in March 1978. Both Mr. Avery and Mr. Zabin accepted in writing to the Town Clerk. -742hAa... Mary R. McDonough, Town Clerk r L . ANNUAL TOWN MEETING - MARCH 21, 1977 The meeting was called to order in Cary Memorial Hall at 8:08 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 185 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of Our Redeemer. 8:10 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:12 P. M. The Town Clerk read the Constable's Return of the Warrant. 8:12 P. M. The Moderator read the following resolution that had been adopted under Article 81 at the Adjourned Town Meeting held April 7, 1976: Resolved that Town Meeting Members abstain from voting in any particular matter in which to his knowledge, he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has any economic interest in the particular matter under consideration. I further move that the Town Clerk provide each new Town Meeting Member with material embodying the substance of this resolution. 8:13 P. M. Boy Scout Troop 139 of the Estabrook School was introduced to the Town Meeting by the Moderator. 8:13 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Comwittee, moved that the Report of the Appropriation Committee be accepted and placed on file. 8:14 P. M. After stressing the need to cut back this year with an estimated tax rate of $92.60, Mr. Furash stated that it is very unlikely that the budget would go down next year. Motion to accept the Report of the Appropriation Committee, as offered by Mr. Furash, carried unanimously. 8:20 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:23 P. M. Margery M. Battin moved that the Selectmen' s Report on State/ Lexington Relations be accepted and placed on file. 8:23 P. M. Mrs. Battin stated that by accepting this report, the Town Meeting would also be accepting the following three resolutions which she then read. FIRST RESOLUTION COLT,FCTIVE BARGAINING 11 WHEREAS: Compulsory and binding arbitration for public safety + employees has been shown to undercut severly the powers of home rule by requiring an outside arbitrator to choose the final settlement; AND WHEREAS: The effect of the trial period of this law has been to undermine effective collective bargaining; AND WHEREAS: This law has contributed significantly to higher local budgets and increased property taxes by raising the level of all local wage settlements; (Annual Town Meeting - March 21, 1977) Article 2. COLLECTIVE BARGAINING RESOLUTION (CONT.) (Cont.) NOW THEREFOR: Be it resolved that the Lexington Town Meeting hereby votesto convey to the Governor and our elected State Rep- resentatives and Senators our desire that there be no extension of compulsory and binding arbitration beyond its termination date of June 30, 1977, so that final authority for determining local expenditures be returned to Town Meeting. 8:24 P. M. SECOND RESOLUTION LOCAL AID WHEREAS: Uncertainties about the sum of money allocated by the Commonwealth of Massachusetts in the various categories of local aid makes sound financial planning impossible for local officials; AND WHEREAS: Local aid is, in many cases, partial State funding of State mandated programs imposed without the consent of local officials; AND WHEREAS: Local real estate taxes have been impacted to the breaking point by such mandated programs, THEREFORE: Be it resolved by the Lexington Town Meeting that the Governor and State Representatives and Senators be urged to support an increase in the amount of local aid funding for fiscal 1978 at least sufficient to cover the increased costs of State mandated programs and inflation. 8:25 P. M. THIRD RESOLUTION STATE MANDATED PROGRAMS WHEREAS: State mandated programs which are unfunded by the State represent, in most cases, a continued erosion of home rule; AND WHEREAS: State mandated programs make little allowance for the individuality of local governments; AND WHEREAS: Such programs present an increasingly onerous burden on local budgets and on the property tax; BE IT RESOLVED: That the Lexington Town Meeting convey to the Governor and our elected State Representatives and Senators our desire that there be no further legislation or executive actions mandating programs that require expenditures by cities and towns without providing for full State funding or local acceptance. 8:26 P. M. Motion, as presented by Mrs. Battin, to accept and place on file the Selectmen's Report on State/Lexington Relations carried unanimously. 8:27 P. M. (Annual Town Meeting - March 21, 1977) Article 2. Mary W. Miley moved that the Report on County Government (Middlesex (Cont.) County Advisory Board) be accepted and placed on file. Mrs. Miley stated that by accepting this report, the Town Meeting would also be accepting the following resolution: COUNTY GOVERNMENT WHEREAS: Municipalities have only limited control of county budgets through County Advisory Boards: AND WHEREAS: Local executive officials are responsible for the raising of revenue for county government: AND WHEREAS: Local officials in Lexington are making every effort to keep the town budget in line: AND WHEREAS: The Governor of the Commonwealth has advised the County Commissioners that he will not approve an increase of the county budgets over fiscal '77: NOW THEREFORE: Be it resolved that the Lexington Town Meeting hereby votes to request the Governor, the Committee on Counties and our elected legislative officials to make every effort to control the county budgets while working as rapidly as possible toward the abolition of county government. Carried Unanimously. 8:30 P. M. Margery M. Battin moved that the Selectmen's Report to Town Meeting on Human Services be accepted and placed on file. Carried Unanimously. 8:35 P. M. At the request of Howard M. Kassler, Chairman of the Board of Selectmen, the Town Manager, Robert M. Hutchinson, Jr. was recognized and presented the Town Manager's Status Report on 1976 Open Money Articles. 8:41 P. M. On the motion of Mr. Kassler, the Town Manager's Status Report was accepted and placed on file by a unanimous voice vote. 8:41 P. M. As. Daniel P. Busa, Chairman of the Recreation Committee, is not a Town Meeting Member, Howard M. Kassler moved that Town Meeting hereby accept "The Master Plan for Recreation and Open Space," thereby approving it in concept and approach as the appropriate means of implementing recreational development in Lexington. 8:43 P. M. Lynn Hamilton of the Planning Board Office gave an explanation, with the help of slides, on how they arrived at the five year budget. She stated that the Recreation Committee had unanimously voted to accept the Recreation Master Plan. 8:50 P. M. Motion, as offered by Mr. Kassler, carried by voice vote. 8:52 P. M. Howard M. Kassler moved that the Report of the Board of Selectmen under Article 80 of the Warrant for the 1976 Annual Town Meeting be accepted and placed on file. Carried Unanimously. 8:53 P. M. Article 3. Presented by Howard M. Kassler. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of ElizaCary Farnham and Suzanna E. Cary for the current year. Carried Unanimously. 8:55 P. M. (Annual Town Meeting - March 21, 1977) Article 4. Presented by Howard M. Kassler. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:55 P. M. Mr. Kassler asked that the Town Manager be recognized to speak on Article 4. 8:55 P. M. Patricia K. Hagedorn served notice of reconsideration of the motion to accept the Master Plan for Recreation as presented under Article 2. 8:57 P. M. Article 4. After the Town Manager spoke on Article 4, James M. McLaughlin stated (Cont.) that he would ask for a roll call vote on this article when the final vote would be taken (not a roll call on each line item) . 9:04 P. M. The Moderator then proceeded to read the line items under Article 4 as follows: Selectmen's Department #1000 Personal Services $50,438. 1050 Expenses 7,230. 9:05 P. M. Town Manager's Office 1060 Personal Services 81,003. 1065 Expenses 6,600. 9:06 P. M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 24,000. 1075 Clerical Pool 7,981, 1080 Office Furniture & Fixtures 2,000. 1090 Professional Services 7,500. 1125 Fire & Police Medical 5,500. 1130 Director of Guides 1,000. 1135 Out-of-State Travel 6,000. 1141 Tuition & Training Fees 14,000. 1142 In-State Travel 10,000. 9:07 P. M. Selectmen's Jurisdiction 1148 Safety Program 2,000. 9:07 P. M. Town Clerk's Department 1150 Personal Services 47,583. 1200 Expenses 900. 1250 Vital Statistics 350. 9:07 P. M. [-- Board of Appeals 1500 Personal Services 10,340. 1550 Expenses 2,774. 9:07 P. M. (Mary R. McDonough and Richard M. Perry both gave notice that they would not vote on Article 4 or 5.) 1 ^; (Annual Town Meeting - March 21, 1977) Article 4. Planning Board (Cont.) #1600 Personal Services $31,421. 9:08 P. M. Paul J. MacKenzie, Chairman of the Planning Board, moved that Article 4, Line 1600 be amended by striking the amount $31,421. and substituting the amount $43,421. 9:08 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously oppose this amendment. 9:13 P. M. Edward E. Furash stated that the Appropriation Committee opposes this increase in the budget. 9:13 P. M. Motion to amend line item 1600, as presented by Mr. MacKenzie, declared lost by voice vote. 9:15 P. M. Planning Board (Cont.) 1650 Expenses 4,555. 9:15 P. M. Howard M. Kassler moved that line item 1700 be placed on the table. Carried Unanimously. 9:15 P. M. (See Page 202.) Insurance 1700 (See Page 202) 1750 Municipal Property & Workmen's Comp. 293,661. 9:15 P. M. Printing Town Report 1760 Expenses 10,000. 9:15 P. M. Law Department 1775 Fees 40,000. 1800 Expenses 12,000. 9:16 P. M. Elections 1900 Selectmen Jurisdiction 5,065. 1950 Town Clerk Jurisdiction 7,275. 9:16 P. M. Board of Registrars 2000 Personal Services 6,550. 2050 Expenses 3,600. 9:17 P. M. Town Committees 2250 Appropriation Committee Expenses 3,800. 2370 Misc. Committees & Boards Expenses 2,450. 2380 Council on Aging Expenses 17,240. * *To which the sum of $17,240. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 2400 Town Celebrations Committee Expenses 6,500. 9:18 P. M. Historic Districts Commission 2450 Expenses 1,900. 9:18 P. M. Conservation Commission 2460 Expenses 4,805. 9:18 P. M. (Annual Town Meeting - March 21, 1977) Article 4. Recreation Committee (Cont.) #2470 Personal Services $103,470. 2480 Expenses 23,850. 9:18 P. M. Treasurer/Collector's Department 2500 Personal Services 70,069. 2525 Expenses 10,120. 2575 Foreclosure & Redemption 1,500. 9:18 P. M. Comptroller's Department 2800 Personal Services 86,354. 2850 Expenses 3,400. 9:18 P. M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 4,500. 2930 Office Machines-Maint. & Repair 6,500. 2935 Office Services-Copier Supplies 7,700. 2940 Metered Mail 20,250. 9:19 P. M. Assessors' Department 2950 Personal Services 53,998. 3000 Expenses 8,100. 9:19 P. M. Health Department 3250 Personal Services 37,213. 3300 Expenses 10,695. ** 3310 Mystic Valley Mental Health 30,853. *To which the sum of $30,853. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3320 Tri Community Health Services 6,800. 3330 Community Services 33,350. * *To which the sum of $33,350. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3450 Rabies Clinic 2,435. 9:20 P. M. Health Jurisdiction-Dog Officer 3500 Personal Services 15,385. 3550 Expenses 4,175. 9:20 P. M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 322,793. (of which $12,000. is to be transferred from the Parking Meter Fund) 3770 Police Dept. Collective Bargaining Unit-Pers. Serv. 721,911. 3800 Expenses 122,765. *To which the sum of $25,000. in available and anticipated P. L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3900 Parking meter maintenance 1,000. *(of which $1,000. is to be transferred from the Parking Meter Fund) 9:28 P. M. (**Sam Silverman has written that he will not vote on line item 3310 or any other matter economically involving the Mystic Valley Mental Health Center.) .-nc, (Annual Town Meeting - March 21, 1977) Article 4. Fire Department (Cont.) #4110 Fire Department Management and Staff-Pers. Serv. $34,191. 4120 Fire Dept. Collective Bargaining Unit-Pers. Serv. 929,841. 4150 Expenses 58,050. 4200 Ambulance Maintenance 2,075. 9:29 P. M. Local Disaster Services 4300 Personal Services 1,500. 4350 Expenses 1,000. 9:29 P. M. li] Inspection Department 4450 Personal Services 57,320. 4500 Expenses 1,213. 9:29 P. M. Public Works Department 4900 D.P.W. Collective Bargaining Unit-Pers. Serv. 938,196. * *(of which 13,000. is to be transferred from the Westview Perpetual Care Fund) * to which the sum of $37,843. in available P.L. 94-369 (Anti-Recession Fiscal Assistance Funds) is to be applied 9:30 P. M. Director of Public Works Office 4950 Public Works Mgt. and Staff Pers. Serv. 284,250. 5000 Expenses 9,150. 9:30 P. M. Engineering Department 5100 Personal Services 172,239. 9:30 P. M. Paul J. MacKenzie, Chairman of the Planning Board, moved that Article 4, Line 5100 be amended by striking the amount $172,239. and substituting the amount $192,029. 9:30 P. M. Mr. MacKenzie's motion to amend declared lost by voice vote. 9:33 P. M. Engineering Department (Cont.) 5150 Expenses 4,750. 9:33 P. M. Town Buildings Maintenance 5200 Personal Services 54,348. 5250 Expenses 154,500. 9:33 P. M. Highway Maintenance 5400 Expenses 88,550. (Of which $3,000.00 is to be transferred from the Parking Meter Fund) 9:33 P. M. Road Machinery 5450 Expenses 135,100. 9:33 P. M. (Annual Town Meeting - March 21, 1977) Article 4. Snow Removal (Cont.) #5500 Expenses $109,000. (Of which $5,000.00 is to be transferred from the Parking Meter Fund) 9:34 P. M. Traffic Regulations & Street Signs 5550 Expenses 23,400. 9:34 P. M. Street Lights 5600 Expenses 207,000. 9:34 P. M. Sewer Maintenance & Services 5700 Expenses 53,550. 9:34 P. M. Garbage Collection 5800 Contract 76,000. 9:34 P. M. Sanitary Land Fill 5850 Expenses 59,000. 9:34 P. M. Water Maintenance & Services 5900 Expenses 35,710. 9:35 P. M. Park 6000 Expenses 46,435. 9:35 P. M. Insect Suppression 6050 Expenses 8,500. 9:35 P. M. Manfred P. Friedman asked how much of this budget was for mosquito control and Howard M. Kassler answered that the amount was $7,000. 9:35 P. M. Manfred P. Friedman moved to amend line item 6050 by changing the figure $8,500. to $1,500. 9:37 P. M. Mr. Friedman's amendment declared lost by voice vote, which was doubted, so a standing vote taken as follows: PRECINCT IN FAVOR TELLERS OPPOSED 1 5 Jerome J. Green 11 2 8 Michael J. O'Sullivan 8 3 11 Lilah H. Groisser 6 4 8 Richard F. Perry 5 5 5 Guy W. Doran 11 6 12 John T. Harvell 5 7 14 Leo J. Grace 5 8 4 Robert J. Burbidge 13 9 8 Jane P. Buckley 8 At large 8 Howard L. Levingston 18 Total 83 90 Mr. Friedman's motion to amend line item 6050 is not adopted. 9:45 P. M. -! '"-Z, (Annual Town Meeting - March 21, 1977) - Article 4. Shade Tree (Cont.) #6100 Expenses $ 9,850. 9:45 P. M. Dutch Elm Diseases 6150 Expenses 4,200. 9:45 P. M. Cemeteries 6400 Expenses 7,800. 9:45 P. M. --t Veterans' Benefits 7100 Personal Services 8,483. 7150 Administration 150. 7200 Aid & Expenses 48,000. 9:45 P. M. Graves Registrations 7250 Expenses 400. 945 P. M. Soldiers' Burials 7300 Expenses 250. 9:45 P. M. Cary Memorial Library 7500 Personal Services 348,860. 7550 Expenses 126,258. * *Of which $6,492.64 is to be transferred from the County Dog License Fees. 9:45 P. M. romod Board of Retirement 7800 Contributory Pension Fund 497,175. 7825 Non-Contributory Pension 155,000. 7850 Expenses 3,600. 9:46 P. M. Public Schools 7920 Public School-Education 15,746,245. *Of which $12,100. is for out of state travel. To which the sum of $282,431 in available and anticipated P.L. 874, and other Federal and State Funds, and $44,000. in available and anticipated athletic receipts is to be applied and the balance is raised and appropriated under this article. 9:47 P. M. After Patricia A. Swanson, Chairman of the School Committee, and Supt. John Lawson gave an explanation of the School Budget, Donald B. White stated that the Appropriation Committee had voted to accept the School Budget and commended both the School Committee and the Superintendent. 10:07 P. M. Regional Voc. Tech. High School 8100 Reg. Voc. Tech. assessment 512,305. 10:08 P. M. Richard F. Zeoli, Lexington's representative to the Regional School Committee and Regional Superintendent, Ronald Fitzgerald, both explained and answered questions regarding their budget. 10:20 P. M. Donald B. White stated that the Appropriation Committee had voted to accept the Regional Voc. Tech. High School budget. 10:22 P. M. (Annual Town Meeting - March 21, 1977) Article 4. Regional Voc. Tech. High School. (Cont.) (Cont.) Paul A. Plasse moved that the Regional Vocational Technical High School budget for Fiscal Year 1978 be referred back to the Regional Vocational School Committee. 10:20 P. M. Fred C. Bailey stated that a majority of the Board of Selectmen supported the Regional School budget and were opposed to the amend- ment to refer. 10:30 P. M. Motion, as presented by Mr. Plasse, to refer the Regional budget back to the Regional Vocational School Committee declared lost by voice vote. 10:31 P. M. _ Debt Payment #8500 Interest on Debt $ 235,610. 8525 Tax and Bond Anticipation Loans 260,000. 8550 Maturing Debt 1,335,000. 10:32 P. M. Frederick V. McMenimen, Jr. moved that Article 4 be referred back to the appropriate boards for review for possible further reduction in expenditures which was declared lost by voice vote, 10:40 P. M. Main motion, as presented by Mr. Kassler under Article 4, with the exception of line item #1700 which has been tabled, declared carried unanimously by voice vote. 10:40 P. M. James M. McLaughlin again brought up that he wanted a roll call vote on Article 4. The Moderator stated that his call that Article 4 had carried was in order and that Article 4 was adopted (except line item #1700) . Mr. McLaughlin still questioned the call, although at the request of the Moderator, only a few Town Meeting Members stood up agreeing with Mr. McLaughlin that they wished to have a roll call vote. Again Mr. McLaughlin questioned, and at the request of the Moderator, the following voice count by precinct desired the roll call: Precinct 1 1 , Precinct 2 0 Precinct 3 3 Precinct 4 0 Precinct 5 0 Precinct 6 0 Precinct 7 0 Precinct 8 2 Precinct 9 6 At large 1 Total 13 Less than the required fifty members having voted for a roll call vote, Article 4 (with the exception of line item 1700) was declared adopted. 10:43 P. M. Allen Lee Whitman, Jr. served notice of reconsideration of Article 4, line item #7920. 10:43 P. M. (See Page 182.) Frederick V. McMenimen, Jr. served notice of reconsideration of Article 4. (See Page 182.) 10:43 P. M. Article 5. Howard M. Kassler moved that Article 5 be placed on the table. Carried Unanimously. 10:43 P. M. (See Page 206.) ' (� (Annual Town Meeting - March 21, 1977) Article 6. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Article 7. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Article 8. Presented by Howard M. Kassler. MOTION: That the sum of $150,000.00 be appropriated for the Reserve Fund and to raise such amount $57,000.00 be transferred from the Reserve Fund-Overlay Surplus and $93,000.00 be raised in the tax levy. Carried Unanimously. 10:45 P. M. Article 9. Presented by Howard M. Kassler. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year or hire an independent auditor for such purpose, and to appropriate for such audit the sum of $25,000.00 therefor, and that such amount be raised in the tax levy. Carried Unanimously. 10:46 P. M. Article 10. Presented by Fred C. Bailey. MOTION: That the sum of $11,957.25 received in 1977 as State Aid to public Libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. 10:46 P. M. Mr. Bailey stated that $8,000. would be used for a security system at the Library. Motion, as presented by Mr. Bailey, carried unanimously. 10:47 P. M. Article 11. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 10:47 P. M. Article 12. Presented by Howard M. Kassler. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1978 Annual Town Meeting. Carried Unanimously. 10:48 P. M. Article 13. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 10:48 P. M. Article 14. Presented by Howard M. Kassler. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1977, and to issue a note or notes therefor, payable within one year, fl in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously. 10:48 P. M. Article 15. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 10:49 P. M. (Annual Town Meeting - March 21, 1977) Article 16. Presented by Howard M. Kassler. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $38,700.00 for such installation and land acquisition, and that to raise such amount $38,700.00 be transferred from the unexpended balance of the amount appropriated under Article 17 of the warrant for the 1976 Annual Town Meeting. Carried Unanimously. 10:55 P. M. Howard M. Kassler moved that the meeting be adjourned to Wednesday, March 23, 1977 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:56 P. M. A true copy. Attest: W�✓1 //U C�f%�,wt4,s4 4 Mary R. McDonough, Town Clerk ADJOURNED 'TOWN MEETING - MARCH 23, 1977 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:08 P. M. in Cary Memorial Hall. There were 183 Town Meeting Members present. Invocation offered by Rev. Francis E. Potter, Pastor of the Pilgrim Congrega- tional Church. 8:09 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, asked for a moment of silence for two distinguished Lexingtonians that had passed away this year - Philip B. Parsons and George E. Graves. 8:10 P. M. Article 17. Presented by Howard M. Kassler. MOTION: That the Selectmen be and they hereby are authorized to install water mains in Banks Avenue and Grandview Avenue, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, provided that money for such projects is deposited in the Guaranteed Deposit Water and Sewer Account. 8:10 P. M. Mr. Kassler stated that there is a potential of eleven new houses on Grandview Avenue and there are five lots on Banks Avenue. The town is not putting up any money, but, by accepting this article, they are accepting the concept of probable development. Grandview Avenue will cost approximately $63,000. and Banks Avenue figure is in the $8,500. range. 8:15 P. M. Motion, as presented by Mr. Kassler, declared carried by voice vote. 8:17 P. M. Article 18. Howard M. Kassler moved that this article be indefinitely postponed. Carried Unanimously. 8:17 P. M. r.1 Article 19. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to (See install sewer mains and sewerage systems in such accepted or un- Page accepted streets or other land as the Selectmen may determine, subject 188 to the assessment of betterments or otherwise, in accordance with & Chapter 504 of the Acts of 1897, and acts in addition thereto and in 191, amendment thereof, or otherwise, and to take by eminent domain, pur- 192) chase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $409,000.00 therefor and that to raise such amount $237,612.00 be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) and $171,388.00 be raised in the tax levy and provided further that the Selectmen may install a sewer main in Grandview Avenue, provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account. 8:19 P. M. Mr. Busa stated that the streets to be sewered are Barnes Place, Waltham Street, Gibson Road, Summit Road, Bennington Road, Boulder Road, Stedman Road, Amherst Street and Amherst Trunk Sewer. He listed the number of houses affected in each area and the number of confirmed failures. 86.4% of the town has sewers available and there are 1151 houses that are not sewered in town. After being --J recognized for a second ten minutes, Mr. B'isa asked that Jerry Martin, Assistant Town Engineer, be recognized. Mr. Martin gave an explanation of the article and answered questions from the various members. 8:37 P. M. Paul J. MacKenzie_ eryed notice of reconsideration of Article 17. 8:42 P. M. Article 19. After general discussion, Julian J. Bussgang moved that "Article 19 (Cont.) be postponed till March 30, 1977". 8:57 P. M. (Adjourned Town Meeting - March 23, 1977) Article 19. Jerome J. Green asked- if they could put a ceiling on the betterment (Cont. ) formula. 9:03 P. M. Arthur C. Smith moved that "the sum of $409,000. be deleted and replaced by the sum $238,000. and the amount to be raised in the tax levy be changed from $171,388. to $388.". 9:08 P. M. Mr. Bussgang asked that his motion for postponement be withdrawn. The Moderator asked the meeting if they had any objections to this withdrawal, and when objections were raised, he ,stated that the motion would not be withdrawn and would be placed before the meeting for a vote. 9:17 P. M. A two minute recess was called by the Moderator at 9:18 P. M. The meeting was again called to order by the Moderator at 9:30 P. M. At the request of Selectman Kassler, the Town Counsel and Town Manager were recognized. Mr. Norman P. Cohen, Town Counsel, stated that Mr. Bussgang's motion was not referring to the betterment formula. 9:32 P. M. Robert M. Hutchinson, Jr. , Town Manager, stated that a committee is to be appointed to study the betterments which would affect the __ future betterments. 9:33 P. M. Motion to postpone to a time certain, as presented by Mr. Bussgang, declared lost by voice vote. 9:34 P. M. Motion to amend, as presented by Arthur C. Smith, declared lost by voice vote. 9:35 P. M. Main motion under Article 19, as presented by Alfred S. Busa, declared carried by voice vote. --� 9:35 P. M. Article 20. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Amherst Street area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $32,000.00 therefor, and that such amount be raised in the tax levy. 1 9:36 P. M. Manfred P. Friedman moved that this article be indefinitely post- poned. 9:39 P. M. After general discussion, a voice vote was taken on Mr. Friedman's motion. This vote was doubted by the Moderator and a standing vote was taken as follows: PRECINCT IN FAVOR TELLERS OPPOSED IT 1 6 Jerome J. Green 11 2 6 Michael J. O'Sullivan 6 3 13 Lilah H. Groisser 6 4 7 Richard F. Perry 3 5 9 Guy W. Doran 9 6 13 John T. Harvell 4 7 13 Leo J. Grace 5 8 8 Robert J. Burbidge 9 9 13 Jane P. Buckley 5 At large 9 Harry A. Hall, III 12 Totals 97 70 Mr. Friedman's motion to indefinitely postpone Article 20 adopted. 9:51 P. M. - (Adjourned Town Meeting - March 23, 1977) Alfred S. Busa served notice of reconsideration of Article 20. 9:51 P. M. Frank Sandy served notice of reconsideration of Article 19. 9:51 P. M. Article 21. Presented by Alfred S. Busa. MOTION: That the Board of Selectmen be authorized to apply for and accept any federal or state aid which may become available for sewer projects in the Town. Carried by voice vote. 9:52 P. M. li] Article 22. Presented by Fred C. Bailey. MOTION: That the sum of $125,945.00 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) . 9:53 P. M. Mr. Bailey gave a description of the equipment to be purchased and answered many questions. Motion, as presented by Mr. Bailey, declared carried by voice vote. 10:09 P. M. Article 23. Presented by Fred C. Bailey. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws for all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. -� Carried by voice vote. 10:13 P. M. Article 24. Presented by Fred C. Bailey. MOTION: That the sum of $35,000.00 be appropriated for engineering services for a comprehensive inflow study of the Town's drainage system, and that such amount be raised in the tax levy. 10:13 P. M. Paul J. MacKenzie, Chairman of the Planning Board, stated that the Planning Board unanimously supports this article. 10:19 P. M. Motion, as presented by Mr. Bailey, declared carried by voice vote. 10:20 P. M. Article 25. Presented by Margery M. Battin. MOTION: That the sum of $18,000.00 be appropriated for the develop- ment of Westview Cemetery and that such amount be transferred from Westview Cemetery Sale of Lots Fund. Carried Unanimously. 10:23 P. M. Article 26. Presented by Otis S. Brown, Jr. MOTION: That the sum of $4,000.00 be appropriated to paint the exterior of the East Lexington Branch Library, and that such amount be raised in the tax levy. 10:23 P. M. Mr. Brown stated that the last time the Branch Library was painted was in 1968. Motion, as presented by Mr. Brown, declared carried by voice vote. 10:24 P. M. (Adjourned Town Meeting - March 23, 1977) Article 27. Presented by Otis S. Brown, Jr. MOTION: That the sum of $19,400.00 be appropriated to be used with other available funds to install a book security system in Cary Memorial Library, and that such amount be raised in the tax levy. 10:25 P. M. Although Edward E. Furash stated that the Appropriation Committee recommended unfavorable action on the article, the Board of Selectmen, as stated by Mr. Kassler, unanimously supported the article. 10:32 P. M. Motion, as presented by Mr. Brown, declared carried by voice vote. 10:47 P. M. (Howard A. Levingston stated, in writing, that he would abstain from voting on Article 27 because of a possible conflict of interest.) Article 28. Presented by Mary W. Miley. MOTION: That the sum of $15,000.00 be appropriated, in addition to money previously appropriated, for a revaluation of all taxable property in the Town, and that such amount be raised in the tax levy. 10:47 P. M. Allen Lee Whitman, Jr. moved "to strike the sum of $15,000. and substitute therefor the sum of $1,000.". 10:48 P. M. Mr. Whitman's motion to amend declared carried by voice vote. 10:50 P. M. Main motion, as amended, now reads: Motion MOTION: That the sum of $1,000. be appropriated, in addition to as money previously appropriated, for a revaluation of all taxable Adopted. property in the Town, and that such amount be raised in the tax levy. Main motion, as amended, declared carried by voice vote. 10:50 P. M. Howard M. Kassler moved that the meeting be adjourned to Monday, March 28, 1977 at 8 P. M. in Cary Memorial Hall. 10:50 P. M. Mary W. Miley served notice of reconsideration of Article 28. 10:51 P. M. Motion to adjourn to Monday, March 28, 1977 at 8 P. M. in Cary Memorial Hall, as presented by Mr. Kassler, declared carried by voice vote. 10:51 P. M. A true copy. Attest: [IT -7)/(4.t.,,, c 4-1-v-A-y1 a Mary R. McDonough, Town Clerk - 04? "-' ADJOURNED TOWN MEETING - MARCH 28, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P. M. in Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by Monsignore Martin U. McCabe, Pastor of the Sacred Heart Church. 8:10 P. M. Frederick V. McMenimen, Jr. moved to reconsider Article 4. 8:10 P. M. Mr. McMenimen stated that he felt that both the town and school budgets could and should be cut back. If his motion to reconsider Article 4 passes, he would move that the budget be referred back to the town boards to study and be reduced by 5%. Mr. McMenimen read a list of questions that should be asked of the School Committee and the various town boards. Motion to reconsider Article 4 declared lost by voice vote. 8:47 P. M. The Moderator stated, that with the defeat of the motion to reconsider Article 4, this also means that the notice of reconsideration of Article 4, Line Item #7920 that was served by Allen Lee Whitman, Jr. on March 21, 1977 has also died. Article 29. Presented by Fred C. Bailey. MOTION: That the sum of $80,000.00 be appropriated for the purchase of a fire truck for the Fire Department, and that such amount be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) . Carried by voice vote. 8:50 P. M. Article 30. (See after Article 31 - Pages 183 and 184) Howard M. Kassler moved that Article 31 be taken up at this time. Carried Unanimously. 8:52 P. M. Article 31. Presented by Mary W. Miley. (As MOTION: That the sum of $45,000.00 be appropriated for providing Adopted) curbside collection of recyclables, and that such amount be raised in the tax levy. 8:53 P. M. After questioning by William A. Ridgley, John J. McSweeney, Director of Public Works, stated that the metal is being recycled and last year the town received $11,000. $5,000. Will be for expenses and $40,000. for the contract price - making up the $45,000. appropriation. 9 P. M. In response to a question by Margot Tutun regarding the degree of preparation of the trash by the citizen, Mrs. Miley stated that cans and bottles would go in the same containers and that the newspapers will be bundled. 9:04 P. M. stated Howard M. Kassler/that a four to one majority of the Board of Selectmen favor this article. (Alfred S. Busa later spoke, as the dissenting member, in opposition.) 9:10 P. M. Paul J. MacKenzie, Chairman of the Planning Board and Edward E. Furash, Chairman of the Appropriation Committee, both spoke for their respective members favoring this article. 9:13 P. M. Mrs. Miley stated that, although the Department of Public Works and the Engineering Department had opposed curbside collection in the past, they now were in favor of such collection. 9:29 P. M. (Adjourned Town Meeting - March 28, 1977) - r, -- Article 31. James Cataldo moved the previous question which was declared carried (Cont.) by voice vote. 9:34 P. M. Marian C. Reilly moved that a roll call vote be taken on this article. 9:34 P. M. The Moderator asked if there were 50 Town Meeting Members in favor of a roll call and the following counts were given by precincts: Precinct One 13 Precinct Two 6 r--- Precinct Three 13 Precinct Four 11 43 The Moderator stated that a roll call vote was in order and it would not be necessary to get a count from the other five precincts as the vote in the four precincts was up to 43. 9:36 P. M. James M. McLaughlin stated that he wished a total count of all precincts and the Moderator stated that there were approximately 75 people in favor of the roll call. 9:37 P. M. The roll call vote on Article 31 was taken by the Town Clerk, Mary R. McDonough, starting at 9:37 P. M. and completed at 9:52 P. M. The Moderator called a recess in order that the count could be tallied. 9:52 P. M. The meeting was again called to order by Moderator Cole at 1 10:03 P. M. Results of the roll call as follows: Precinct Yes No Abstained Absent Totals 1 12 8 1 0 21 2 14 5 1 1 21 3 20 1 0 0 21 4 18 1 0 2 21 5 15 4 0 2 21 6 17 4 0 0 21 7 18 3 0 0 21 8 13 7 0 1 21 9 13 5 0 3 21 At large 6 1 2 0 9 Totals 146 39 4 9 198 Article 31 Adopted as presented. 10:03 P. M. Article 2. Levi G. Burnell moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 10:05 P. M. Article 30. Presented by Norman N. Connolly. r°2-% (See Pg. MOTION: That the sum of $5,000.00 be appropriated for services to the 184 Town of Lexington by the Central Middlesex Association for Retarded for Citizens Inc. (CMARC) in carrying out its endeavor under the y g provision motion of Chapter 19 of the General Laws, and that such amount be raised in as the tax levy. adopted) 10:06 P. M. Leroy Hebert, a Lexington resident, and Chet Sewell of CMARC gave an explanation of the article and showed many slides. 10:24 P. M. (Adjourned Town Meeting - March 28, 1977) Article 30. Margery M. Battin stated that the Board of Selectmen were unanimous (Cont.) in opposing this article although it did not mean that they were against the program - the tight money situation this year is the real problem. 10:25 P. M. Edward E. Furash, Chairman of the Appropriation Committee, moved that (Motion Article 30 be referred to the Board of Selectmen for review and as Adopted) evaluation as part of the Board's Human Services budget priority evaluation in 1978-9 fiscal year. 10:25 P. M. r--i Motion to refer Article 30 to the Board of Selectmen, as offered by Mr. Furash, declared carried by voice vote. 10:28 P. M. Article 31. See Page 182. Article 32. Presented by Mary W. Miley. MOTION: That the vote of the Board of Selectmen designating the Sanitary Landfill as a possible regional transfer site is hereby confirmed. 10:29 P. M. Richard E. Bayles served notice of reconsideration of Article 30. 10:33 P. M. Article 32. Motion, as presented by Mrs. Miley under Article 32, declared (Cont.) carried by voice vote. 10:33 P. M. Article 33. Presented by Patricia A. Swanson. li] MOTION: That the care, custody, management and control of the (Motion Hancock School and the land adjoining it be transferred from the Adopted) School Department to the Board of Selectmen effective September 1, 1977; and to appropriate for such care, custody, management and control the sum of $5,300.00 therefor, and that such amount be raised in the tax levy. 10:35 P. M. Selectman Howard M. Kassler stated that Board of Selectmen have voted to form a sub-committee made up of one member of the Board of Sel- ectmen, one member from the School Committee, one member of the Conservation Commission, one member of the Planning Board, the Town Manager, a realtor, an economics and finance specialist, an architect and three citizens to study this project. 10:38 P. M. Wiltrud R. Mott-Smith moved that Article 33 be postponed until immediately following Article 89. 10: 39 P. M. Paul J. MacKenzie, Chairman of the Planning Board, and Edward E. Furash, Chairman of the Appropriation, both spoke for their respective committees in favor of this article. 10:45 P. M. Mr. Kassler stated that the Selectmen unanimously oppose the motion ::] to postpone. 10:46 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:53 P. M. Motion to postpone, as offered by Mrs. Mott-Smith, declared lost by voice vote. 10:53 P. M. Voice vote on Article 33, which was taken after general discussion, was not unanimous, so a standing vote was taken as follows: (Adjourned Town Meeting - March 28, 1977) — Article 33. Precinct In Favor Tellers Opposed (Cont.) 1 12 Jerome J. Green 3 2 17 Michael J. O'Sullivan 0 3 13 Lilah H. Groisser 5 4 12 Richard F. Perry 2 5 13 Guy W. Doran 2 6 10 John T. Harvell 5 7 14 Leo J. Grace 3 8 17 Robert J. Burbidge 0 r-. 9 16 Jane P. Buckley 0 At large 27 Howard L. Levingston 0 Totals 151 20 More than the required two-thirds having voted in favor, the motion, as presented by Patricia A. Swanson, is declared adopted. 11:03 P. M. Ruth S. Thomas served notice of reconsideration of Article 33. 11:03 P. M. Howard M. Kassler moved that the meeting be adjourned to Wednesday, March 30, 1977 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:03 P. M. A true copy. Attest: 7,)7fulAir - Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 30, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P. M. in Cary Memorial Hall. There were 183 Town Meeting Members present. The invocation was offered by Rev. Alvin C. Porteous, Pastor of the First Baptist Church. 8:09 P. M. Article 34. (See below, after Article 39.) Judith J. Uhrig moved that Article 35 be taken up at this time. Carried Unanimously. 8:10 P. M. Article 35. Judith J. Uhrig moved that this article be indefinitely postponed. Carried by voice vote. 8:15 P. M. Judith J. Uhrig moved that Article 36 be taken up at this time. Carried Unanimously. 8:16 P. M. Article 36. Judith J. Uhrig moved that this article be indefinitely postponed. Carried Unanimously. 8:16 P. M. Judith J. Uhrig moved that Article 37 be taken up at this time. Carried Unanimously 8:17 P. M. Article 37. Judith J. Uhrig moved that this article be indefinitely postponed. Carried by voice vote. 8:17 P. M. Judith J. Uhrig moved that Article 38 be taken up at this time. Carried Unanimously. 8:18 P. M. Article 38. Judith J. Uhrig moved that this article be indefinitely postponed. 8:18 P. M. Paul V. Riffin served notice of reconsideration of Article 35. 8:18 P. M. Article 38. Motion to indefinitely postpone Article 38, as presented by Mrs. Uhrig, (Cont.) declared carried by voice vote. 8:19 P. M. Judith J. Uhrig moved that Article 39 be taken up at this time. Carried Unanimously. 8:19 P. M. Article 39. Judith J. Uhrig moved that this article be indefinitely postponed. Carried by voice vote. 8:19 P. M. Article 34. Presented by Judith J. Uhrig. (For (Motion MOTION: That the sum of $50,000. be appropriated for plans and as specifications for renovating and adding to the Center Pool Complex, Adopted under the supervision of the Permanent Building Committee, and that See such amount be raised in the tax levy. Page 8:20 P. M. 208) (Adjourned Town Meeting - March 30, 1977) - Article 34. After Mrs. Uhrig spoke on the article, William J. Scouler, Chairman of the Permanent Building Committee, showed slides of the pool area (See and gave a breakdown of estimated costs - $235,000. for renovation Page and $690,000. for new construction (outdoor-indoor conversion) . 208 Mr. Scouler stated that by approving this article, the town meeting for would in fact be approving the $690,000. concept. motion 8:50 P. M. as adopted) Howard M. Kassler stated that the Board of Selectmen unanimously supported this article. 8:50 P. M. r--- Edward P. Ugolino of 9 Parker Street received permission to speak and gave his opposition to this article. He felt that the pool would be too close to his house and the noise and lights would be unbear- able. 8:54 P. M. (Amend- Frank B. Stille moved to amend the motion under Article 34 ment not _ by deleting the figure $50,000. and substituting adopted) therefor the figure $25,000. 9 P. M. Mr. Scouler stated that if the amendment passed and $25,000. was appropriated, they would come back next year to town meeting with preliminary plans. If the $50,000. is appropriated, next year they would have the contract drawings and bids in hand. 9:02 P. M. Robert M. Hutchinson, Jr., Town Manager, spoke against the amendment as the cost would just escalate if the project is delayed. 9:02 P. M. Motion to amend, as offered by Mr. Stille, declared lost by voice vote. 9:10 P. M. In answer to a question by Renee Cochin regarding the financing of this project, both Edward E. Furash, Chairman of the Appropriation Committee, and Town Treasurer, Louis A. Zehner, spoke of the "five year rolling financing" that they thought this would fit into. According to Mr. Zehner, the longer the maturity of a bond issue, the higher the cost. 9:27 P. M. The Permanent Building Committee holds open meetings, according to Town Manager Hutchinson, and anyone may attend and discuss the design of the pool. 9:27 P. M. Mrs. Uhrig, in answer to a question by Wiltrud R. Mott-Smith, stated that if this article should not be adopted, there would be no repairs to the pool this year as there is no money appropriated for repairs. 9:33 P. M. James Cataldo moved the previous question which was declared carried by voice vote. 9:33 P. M. Daniel E. Power moved for a roll call vote on the main motion. 9:33 P. M. The Moderator asked if there were 50 Town Meeting Members in favor of a roll call and the following counts were given by precincts: Precinct One 9 Precinct Two 1 Precinct Three 8 Precinct Four 6 Precinct Five 2 Precinct Six 4 Precinct Seven 6 Precinct Eight 3 Precinct Nine 14 At Large 9 Total 62 As there were over 50 Town Meeting Members in favor, the Moderator stated that a roll call vote on Article 34 was in order. 9:35 P. M. (Adjourned Town Meeting - March 30, 1977) Article 34. The roll call vote on Article 34 was taken by the Town Clerk, Mary R. (Cont.) McDonough, starting at 9:36 P. M. and completed at 9:50 P. M. The Moderator called a recess in order that the count could be tallied. 9:50 P. M. The meeting was again called to order by Moderator Cole at 10:03 P. M. Result of the roll call as follows: Precinct Yes No Abstained Absent Totals 1 6 12 0 3 21 2 7 11 2 1 21 3 9 11 0 1 21 "Y 4 15 4 1 1 21 5 6 11 0 4 21 6 19 1 0 1 21 7 16 3 0 2 21 8 6 13 0 2 21 9 8 12 0 1 21 At Large 7 0 2 0 9 Totals 99 78 5 16 198 Article 34 adopted as presented. 10:03 P. M. Richard A. Michelson served notice of reconsideration of Article 34. 10:04 P. M. Article 40. Robert J. Burbidge moved that this article be indefinitely postponed. Carried by voice vote. 10:04 P. M. Article 41. (See Page 193) Alfred S. Busa moved to reconsider Article 20. 10:04 P. M. S Motion to reconsider Article 20, as presented by Mr. Busa, declared lost by voice vote. 10:07 P. M. Frank Sandy moved to reconsider Article 19. 10:07 P. M. H. Bigelow Moore, at the request of Mr. Sandy, spoke on the motion to reconsider Article 19. Mr. Moore stated that there could be a savings on the appropriation under Article/by deleting two streets - Amherst Street and Bennington Road. 19 10:13 P. M. Mrs. Rose M. Ciriello, 4 Stedman Road, was given permission to speak and she told of the problems she has had with the water and drainage and sewer backup. 10:13 P. M. Robert M. Hutchinson, Jr. , Town Manager, stated that you can't wait until you have problems with the sewers, that is why the problems are existing now. 10:21 P. M. Motion to reconsider Article 19, as presented by Mr. Sandy, declared carried by voice vote. 10:23 P. M. Article 19. (As presented and adopted at the March 23, 1977 Adjourned Town Meeting: (See MOTION: That the Selectmen be and they hereby are authorized to Page install sewer mains and sewerage systems in such accepted or unaccepted 178 streets or other land as the Selectmen may determine, subject to the & assessment of betterments or otherwise, in accordance with Chapter 191, 504 of the Acts of 1897, and acts in addition thereto and in amend- 192) ment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land ----- ------ ----- (Adjourned Town Meeting - March 30, 1977) Article 19. acquisition the sum of $409,000.00 therefor and that to raise such (Cont.) amount $237,612.00 be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) and $171,388.00 be raised in the tax levy and provided further that the Selectmen may install a sewer main in Grandview Avenue, provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account.) H. Bigelow Moore moved to amend by deleting the figure $409,000. I and substituting therefore the figure $357,000. and deleting the figure $171,388. and substituting the figure $119,388. 10:23 P. M. Alfred S. Busa moved to amend by deleting the figure $409,000. and substituting therefore the figure $392,000. and deleting the figure $171,388. and substituting $154,388. 10:27 P. M. Edward E. Furash moved that the subject matter of Article 19 be referred back to the Board of Selectmen for representation prior to the end of the town meeting. 10:27 P. M. John F. Downey, Jr. moved the previous question which was declared carried by voice vote. 10:36 P. M. Motion to refer back to the Board of Selectmen, as presented by Mr. Furash, declared carried by voice vote. 10:36 P. M. Article 2. Manfred P. Friedman moved that the report of the Planning Board on Current Land Use and Development in Lexington be accepted and placed on file. Carried Unanimously. 10:42 P. M. Alfred S. Busa moved that Articles 54, 55, 56, 57 and 58 be taken up out of order at this time. Carried by voice vote. 10:44 P. M. Article 54. MOTION: To establish as town ways and accept the layout of as town ways the following streets: (Presented by a. Lois Lane from Bedford Street to end; Alfred S. b. Suzanne Road from Emerson Road to Mill Brook Road; Busa) c. Brent Road from Hathaway Road to Emerson Road; d. Emerson Road from a point easterly 310 feet more or less from the end of Suzanne Road, and westerly to the end of that section of (Motion Emerson Road; as adopted) all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated January 14, 1977, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:45 P. M. Manfred P. Friedman moved that Article 54 be amended by deleting the line "Lois Lane from Bedford St. to end;". 10:47 P. M. Paul J. MacKenzie filed the Report of the Planning Board covering Articles 54 and 55. 10:52 P. M. Motion to amend, as offered by Mr. Friedman, declared lost by voice t vote. 10:55 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 10:55 P. M. (Adjourned Town Meeting - March 30, 1977) Article 55. Presented by Alfred S. Busa. MOTION: To discontinue as town ways the following streets: a. Hinchey Road from Hartwell Avenue a distance of 600 feet more or less to its end as shown upon a plan on file in the office of the Town Clerk dated January 19, 1961; b. Wood Street from Bedford and Lexington Town Line a distance of 1000 feet more or less, easterly to the entrance of Hanscom Field as shown on a plan on file in the office of/Town Clerk dated January 14, 1977. the 10:57 P. M. Li] Report of the Planning Board filed under Article 54. Motion, as presented by Mr. Busa carried unanimously. 10:57 P. M. Article 56. Presented by Alfred S. Busa. MOTION: That the names of the following streets be changed as follows: Emerson Road from Maple Street to Bryant Road-EMERSON GARDENS ROAD Emerson Road at Brent Road-BRENT ROAD Emerson Road from beyond Angier to beyond Diamond Road-NORTH EMERSON ROAD Worthen Road from Pleasant Street to beyond Goffe Road-WORTHEN ROAD EAST 10:58 P. M. Paul J. MacKenzie filed the Report of the Planning Board on Article 56. 10:59 P. M. Motion, as presented by Mr. Busa, carried unanimously. 11 P. M. Article 57. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. Carried Unanimously. 11:01 P. M. Article 58. Presented by Margery M. Battin. (App. by MOTION: That Article XXVII of the General By-Laws of the Town of Atty. Gen. , Lexington be amended by adding thereto a new Section 9 as follows: July 18, 1977. Section 9. "The fees for storage of gasoline under General Laws, Chapter 148, Section 13, as amended, shall be as follows: (a) For Advt. in issuing the original license $100. plus the cost of advertising the Lex. Min. public hearing; and (b) For each annual certificate of registration Man, $50." Aug. 18, Carried Unanimously. 11:01 P. M. 25, & Sept. 1, 1977) Howard M. Kassler moved that the meeting be adjourned to Monday, April 4, 1977 at 8 P. M. in Cary Memorial Hall. 11:01 P. M. Frank Sandy served notice of reconsideration of Article 54. 11:02 P. M. Motion to adjourn to Monday, April 4, 1977 at 8 P. M. in Cary Memorial Hall carried by voice vote. 11:02 P. M. A true copy. Attest: /114 `/��j�J/lI L Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - APRIL 4, 1977 - - - The - -The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:02 P. M. in Cary Memorial Hall. There were 191 Town Meeting Members present. The Moderator introduced the coach and the members of the 1976 State Champion team of girls softball and read a proclamation of the Board of Selectmen and the Town Meeting. This proclamation was presented to the team but not presented for the record. Proclamation carried unanimously. 8:08 P. M. [-7 The invocation offered by Rev. Polly Laughland, Pastor of the Follen Church. 8:11 P. M. Article 2. Alfred S. Busa presented report of the Board of Selectmen on sewers. This report is due to the referral motion under Article 19 at the March 30, 1977 session. (Report was not in writing.) The Selectmen unanimously support deleting the Amherst Street sewer and recommend sewering all of Bennington Road, not just a portion. 8:15 P. M. Mr. Busa asked that Article 19 be brought to the floor at this time. 8:18 P. M. Mr. Busa stated that if Bennington Road is sewered in two parts there would be a savings this year of $42,000. but the savings would be wiped out if the town had to go back in the future. 8:19 P. M. In response to James M. McLaughlin, the Moderator stated that when Article 19 was brought to the floor, the first order of business would be the motion to amend as offered by Mr. Busa at the March 30th session. If that motion is defeated, then the motion to amend, as offered by Mr. Moore at the same session, would be next. Mr. Busa's would be brought up first as the dollar figure was higher. 8:24 P. M. Article 19. (Article 19 as presented by Alfred S. Busa at the March 23, 1977 session of the town meeting: (See MOTION: That the Selectmen be and they hereby are authorized to Pages install sewer mains and sewerage systems in such accepted or unaccepted 178, streets or other land as the Selectmen may determine, subject to the 188) assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or (See otherwise acquire any fee, easement or other interest in land next necessary therefor; and to appropriate for such installation and land page - acquisition the sum of $409,000.00 therefor and that to raise such motion amount $237,612.00 be transferred from available and anticipated as P.L. 92-512 as amended by P.L. 94-488 funds (General. Revenue Sharing adopted) Funds) and $171,388.00 be raised in the tax levy and provided further that the Selectmen may install a sewer main in Grandview Avenue, provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account.) (Mr. Busa's motion to amend - presented March 30, 1977: MOTION: To delete the figure $409,000. and substitute therefore the figure $392,000. and delete the figure $171,388. and substitute $154,388.) Mr. Busa's motion to amend Article 19, as presented at the March 30, 1977 session, declared lost by voice vote. 8:25 P. M. ^ (Adjourned Town Meeting - April 4, 1977) Article 19. (H. Bigelow Moore's motion to amend Article 19 - presented March 30, (Cont.) 1977: MOTION: To delete the figure $409,000. and substitute therefore the figure $357,000. and delete the figure $171,388. and substitute the figure $119,388. ) Mr. Moore's motion to amend Article 19, as presented March 30, 1977, declared carried by voice vote. 8:27 P. M. Main motion as presented by Mr. Busa on March 23, 1977 and amended by Mr. Moore now reads: li] MOTION: That the Selectmen be and they hereby are authorized to (Motion install sewer mains and sewerage systems in such accepted or unaccepted as streets or other land as the Selectmen may determine, subject to the adopted) assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amend- ment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisi- tion the sum of $357,000.00 therefor and that to raise such amount $237,612.00 be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) and $119,388.00 be raised in the tax levy and provided further that the Selectmen may install a sewer main in Grandview Avenue, provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account. Main motion, as amended by Mr. Moore, declared carried by voice vote. 8:27 P. M. Article 2. The following presented by Otis S. Brown, Jr.: "Under Article Two, the School Committee wishes to file the following report and resolution: The Superintendent, Administration and School Committee worked long and hard in preparation of the 77-78 school budget and, while the final budget is up 4%, a large portion of that increase can be attributed to educational items mandated by State Law. Additionally, we are faced with the prospect of reduced state funding under Chapter 70, the general education fund, if a bill presently before the legislature is passed. Needless to say, passage of this bill would have a devastating effect on the local real estate property taxes. It is for this reason that we offer the following resolution: s Be it resolved that the members of the Lexington Town Meeting protests the proposed Commonwealth of Massachusetts 1978-79 Chapter 70 funding for cities and towns. This funding, if approved by the legislators and Governor, would limit Chapter 70 aid next year to 453 million dollars and would reduce Lexington's entitlement of $1,635,964 to $796,714 or 48.7% of the amount the town should receive for general school assistance. This reduction applies not only to Lexington but to all cities & towns in the Commonwealth. Be it further resolved that copies of this resolution be forwarded to area legislators and the Governor." Resolution declared carried by voice vote. 8:29 P. M. Angela E. Frick gave a status report of the Conservation Commission on land from last years town meeting. (No report filed. ) 8:40 P. M. (Adjourned Town Meeting - April 4, 1977) C Article 41. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 10 on Assessors' Property Map 39 and described in deed recorded in Middlesex South Registry of Deeds, Book 8038, [-- page 414, now or formerly of Grey Nuns Charities, Inc. , that the sum of $102,500.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 8:41 P. M. After Mrs. Frick and Francis W. K. Smith, both Conservation Commision members, spoke on the article, Paul J. MacKenzie stated that a majority of the Planning opposed this article. 8:58 P. M. Patricia K. Hagedorn stated that the Appropriation Committee recommended unfavorable action on this article as presented. 9:08 P. M. Elizabeth Reinhardt, a member of the Historical Commission, spoke in favor of the above purchase. 9:12 P. M. The Moderator introduced a group of A.F.S. students from Damascus, Maryland. 9:13 P. M. r-- Article 41. Howard M. Kassler stated that a majority of the Board of Selectmen (Cont.) are in favor of this article. 9:15 P. M. The voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Jerome J. Green 12 2 5 Michael J. O'Sullivan 14 3 9 Lilah H. Groisser 8 4 10 Richard F. Perry 7 5 5 Guy W. Doran 10 6 4 John T. Harvell 12 7 4 Leo J. Grace 14 8 6 Robert J. Burbidge 11 9 3 Jane P. Buckley 12 At large 14 Howard L. Levingston 13 Totals 66 113 Less than the required two-thirds having voted in favor, the motion is not adopted. 9:27 P. M. Article 42. Presented by Francis W. K. Smith. r-- MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation qpurposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 26 on Assessors' Property Map 87 and described in deed filed with Certificate of Title No. 96503 in Middlesex South Land Registry, Book 612, Page 153, now or formerly of Lucky Penny Trust, that the sum of $195,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 9:28 P. M. (Adjourned Town Meeting - April 4, 1977) Article 42. Paul J. MacKenzie stated that a majority of the Planning Board were in (Cont. ) favor of this article and Howard M. Kassler stated that the Board of Selectmen by four to one were in favor of this article. 9:31 P. M. Voice vote on the main motion was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Jerome J. Green 9 2 11 Michael J. O'Sullivan 7 -� 3 7 Lilah H. Groisser 4 4 6 Richard F. Perry 4 5 14 Guy W. Doran 1 6 16 John T. Harvell 0 7 14 Leo J. Grace 2 8 4 Robert J. Burbidge 9 9 12 Jane P. Buckley 3 At large 24 Howard L. Levingston 2 Totals 116 41 More than the required two-thirds having voted in favor, the motion is adopted. 9:33 P. M. Article 43. Presented by Shirley H. Stolz. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 1 on Assessors' Property Map 74 and described in Document No. 247971, filed with Certificate of Title No. 72175 in Middlesex South Land Registry, Book 481, Page 589, now or formerly of Cosgrove, that the sum of $170,000.00 be appropriated for such land acquisition, and that to raise such amount $1,381.60 be transferred from the unexpended balance of the amount appropriated under Article 43 of the warrant for the 1975 Annual Town Meeting, $2,977.55 be transferred from the un- expended balance of the amount appropriated under Article 44 of the warrant for the 1975 Annual Town Meeting, $1,000.00 be transferred from the unexpended balance of the amount appropriated under Article 45 of the warrant for the 1975 Annual Town Meeting, $2,462.05 be transferred from the unexpended balance of the amount appropriated under Article 46 of the warrant for the 1975 Annual Town Meeting, $178.80 be raised in the tax levy and $162,000.00 be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 9:36 P. M. James E. Cosgrove gave written notice that he would refrain from voting on Article 43 due to a conflict of interest. Mrs. Stolz read a letter from the Cosgrove family stating that they were in favor of this article. 9:40 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, and Paul J. MacKenzie, Chairman of the Planning Board, both stated that their ;---% respective boards unanimously favored this article. 9:40 P. M. Motion, as presented by Mrs. Stolz, declared carried unanimously. 9:41 P. M. -- ----- -------- (Adjourned Town Meeting - April 4, 1977) Article 44. Presented by Susan S. Solomon. MOTION: (a) That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot S3A and 4 on Assessors' Property Map 44 and described in deeds recorded in Middlesex South Registry of Deeds, Book 8103, page 574, and Book 9912, Page 99 now or formerly of Foley and Sayre, that such acquisition shall not in any way prevent reasonable access through such land for the benefit for Minuteman Regional Vocational Technical School district, that the sum of $68,000.00 be appropriated for such 1-and acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. (b) That the Selectmen be and they hereby are authorized to accept on behalf of the Town a license to use for conservation purposes all or any part of land shown as Lot 1 on Assessors' Property Map 44 and Lot 4 on Assessors' Property Map 52 from Boston Edison Company to provide access to the foregoing land. 9:43 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, and Paul J. MacKenzie, Chairman of the Planning Board, stated that their respective boards unanimously favored this article. 9:47 P. M. Voice vote on the main motion was not unanimous, so -a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Jerome J. Green 6 2 15 Michael J. O'Sullivan 4 3 14 Lilah H. Groisser 3 4 16 Richard F. Perry 0 5 16 Guy W. Doran 0 6 16 John T. Harvell 0 7 17 Leo J. Grace 1 8 9 Robert J. Burbidge 6 9 12 Jane P. Buckley 2 At large 25 Howard L. Levingston 1 Totals 152 23 More than the required two-thirds having voted in favor, the main motion under Article 44 is adopted. 9:52 P. M. Article 45. Angela E. Frick moved that this article be indefinitely postponed. Carried by voice vote. 9:52 P. M. Article 46. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to transfer to the Conserva- f, tion Commission for open space and conservation purposes, including t. outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 34, 39 and 40A on Assessors' Property Map 28 and Lots 27, 29 and 38 on Assessors' Property Map 36. Carried Unanimously 9:55 P. M. (Adjourned Town Meeting - April 4, 1977) Article 47. Presented by Mary W. Miley. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire and the Selectmen be authorized to take by (Motion eminent domain, upon the written request of the Conservation Commission, as and that the Selectmen be authorized to transfer, for conservation adopted) purposes including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, and for road and water retention purposes, 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 a parcel of land consisting of lot`s 25 through 29 inclusive and lot 36 of Block 19, lots 1 through inclusive of Block 20, lots 1 through 16 inclusive and lots 19 through 33 inclusive of Block 21, lots 1 through 15 and lots 18 through 31 inclusive of Block 22, lots 1 through 14 and lots 17 through 30 inclusive of Block 23, lots 1 through 22 inclusive of Block 24, lots 1 through 22 inclusive of Block 25, lots 1 through 22 inclusive of Block 26, lots 1 through 22 inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12 through 17 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52 of Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35, lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through 26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56, and lots 1 through 25 inclusive of Block 57, all as shown on "Plan of Lots at Lexington Heights, owned by M.C. Meagher", surveyed by E. A. W. Hammatt, C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24; that the sum of $5000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:58 P. M. Paul A. Plasse presented the following amendment: To remove the words, "and for road and water retention purposes," which follow the words Section 8C of Chapter 40 of the General Laws, as amended �J 10:05 P. M. Eric T. Clarke stated that this land has multiple uses and speaks against the amendment. 10:09 P. M. Voice vote on Mr. Plasse's amendment was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Jerome J. Green 10 2 5 Michael J. O'Sullivan 14 3 3 Lilah H. Groisser 13 4 5 Richard F. Perry 10 5 11 Guy W. Doran 6 6 6 John T. Harvell 6 7 3 Leo J. Grace 14 8 14 Robert J. Burbidge 0 9 13 Jane P. Buckley 3 At large 5 Howard L. Levingston 20 Totals 70 96 Mr. Plasse's amendment declared lost. 10:13 P. M. Paul A. Plasse asked for a roll call vote on Article 47. 10:14 P. M. The Moderator asked if there were 50 Town Meeting Members in favor of a roll call and the following counts were given by precincts: - --------------- ----- (Adjourned Town Meeting - April 4, 1977) Article 47. Precinct One 6 (Cont. ) Precinct Two 0 Precinct Three 1 Precinct Four 0 Precinct Five 1 Precinct Six 0 Precinct Seven 0 Precinct Eight 7 Precinct Nine 11 At Large 4 Total 30 As there were less than the required 50 Town Meeting Members requesting a roll call vote on Article 47, the Moderator stated that the roll call was not in order. 10:15 P. M. Voice vote on main motion, as presented by Mrs. Miley, was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 13 Jerome J. Green 2 2 15 Michael J. O'Sullivan 2 3 17 Lilah H. Groisser 0 4 17 Richard F. Perry 0 5 9 Guy W. Doran 7 6 16 John T. Harvell 0 7 18 Leo J. Grace 0 8 6 Robert J. Burbidge 11 9 8 Jane P. Buckley 9 At Large 25 Howard L. Levingston 1 Totals 144 32 More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Miley, is adopted. r.__ 10:17 P. M. Article 48. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation re- striction 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 1 on Assessors' Property Map 6, Lot 142 on Assessors' Property Map 14, Lots 32 through 38, 41, 42, 68A and 76 on Assessors' Property Map 24, Lot 8 on Assessors' Property Map 29, Lots 46, 85, 94 on Assessors' Property Map 55, Lot 108 on Assessors' Property Map 62, Lots 65A, 66, 67 on Assessors' Property Map 82, Lot 15 on Assessors' Property Map 86, Lots 35 and 36 on Assessors' Property Map 87; that the sum of $500.00 be appropriated for such land acquisition and that such amount be raised in the tax levy. Carried Unanimously. 10:20 P. M. Paul A. Plasse served notice of reconsideration of Article 47. 10:20 P. M. A) (Adjourned Town Meeting - April 4, 1977) Article 49. Presented by Angela E. Frick. MOTION: That the Selectmen and Conservation Commission be and they are hereby authorized to convey a portion of Lot 290 on Assessors' Property Map 13, consisting of approximately 1200 square feet, to the owners of Lot 289 on such Map on such terms as the Selectmen and Conservation Commission deem advisable, provided that the grantees will bear all expenses of the conveyance. Carried Unanimously. 10:22 P. M. Article 50. Howard M. Kassler moved that this article be placed on the table. Carried by voice vote. 10:23 P. M. (See Pages 200 & 201) (See Pages 216-218 inc.) Article 51. Presented by Angela E. Frick. MOTION: That the Selectmen be and they are hereby authorized to accept as a gift from the Reverend Ernest B. Johnson, Jr. parcels of land bordering on Route 128, shown as Lots 106A and 145 on Assessors' Property Map 83, for conservation purposes. Carried Unanimously. 10:23 P. M. Article 52. Presented by Shirley H. Stolz. MOTION: That the sum of $7,000.00 be appropriated to the Conservation Fund, established by vote under Article 9 of the warrant for the Special Town Meeting of June 8, 1964, and that such amount be raised in the tax levy. Carried Unanimously. 10:25 P. M. Manfred P. Friedman moved that Article 85 be taken out of order, after Article 52. Declared lost by voice vote. 10:28 P. M. J Article 53. Presented by Alfred S. Busa. MOTION: That the Selectmen be authorized to purchase, take by eminent domain or otherwise acquire for street, playground, recreational or open space purposes all or any part of land on Summer Street shown as Lot 70 on Assessors' Property Map 28, now or formerly of owners unknown; and to appropriate the sum of $500.00 therefor, and that such amount be raised in the tax levy. Carried Unanimously. 10: 30 R. M. Article 54, 55, 56, 57 and 58. See Pages 189 and 190. Article 59. Presented by Margery M. Battin. (Approved MOTION: (a) That Article XXXII of the General By-Laws of the Town of by Atty. Lexington be amended by deleting Section 2 and substituting therefor General, the following: July 29, 1977. "Section 2. The council shall consist of eleven members to be appointed by the Town Manager with the approval of the Selectmen for 1 Advt. in terms of three years expiring on June 1." Lex. Min. --J Man, (b) That it is the desire of the Town Meeting that the four new Aug. 18, 25 members of the council be appointed for terms beginning June 1, 1977, & Sept. 1, two for terms of two years and two for terms of three years. 1977) Carried Unanimously. 10:31 P. M. (Adjourned Town Meeting - April 4, 1977) Article 60. Presented by Elizabeth H. Clarke. MOTION: That Article V of the General By-Laws of the Town of Lex- ington be amended by deleting Section 23 and substituting therefor the following: "Section 23. The debate on a motion to reconsider shall be limited to fifteen minutes. The maker of the motion may speak for not more than five minutes. No other person shall speak for more than three minutes nor more than once." 10:32 P. M. [-- After general discussion, James Cataldo moved the previous question which was declared carried by voice vote. 10:44 P. M. Main motion, as presented by Mrs. Clarke, declared lost by voice vote. 10:45 P. M. Article 61. Presented by Margery M. Battin. MOTION: That Article III of the General By-Laws of the Town of Lexington be amended by deleting from Section 2 thereof the words "not less than seven days before the time stated in the warrant for holding such meeting" and substituting therefor the words "not less than seven days before the date of the annual town meeting and not less than fourteen days before the date of a special town meeting." Carried Unanimously. 10:47 P. M. Article 62. Presented by Stephen W. Doran: MOTION: That the Moderator appoint a special ad hoc study committee, charged with exploring the possibility of instituting a new system of recording votes for Lexington Town Meeting, and that such F-- committee report back to the 1978 Annual Town Meeting. 10:47 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:03 P. M. Main motion, as presented by Mr. Doran, declared carried by voice vote. 11:05 P. M. Article 2. Paul J. MacKenzie presented the Report of the Planning Board on Floor Procedure: "The Planning Board will move to take up Article 85 following Article 74. The provisions of Article 85 are a part of an integrated plan for zoning revision and we feel that they make the most sense when considered in the order 74, 85, 75 etc." Planning Board Report accepted by unanimous vote. 11:07 P. M. r-- Howard M. Kassler, Chairman of the Board of Selectmen, stated that after the meeting is adjourned to this Wednesday and ,then to next Monday, the Selectmen are going to recommend adjourning to Tuesday, Wednesday and Thursday if necessary. Mr. Kassler then moved to adjourn this meeting to Wednesday, April 6, 1977 at 8 P. M. in Cary Memorial Hall with the intention of following the above recommendation. 11:08 P. M. Paul J. MacKenzie stated that, even though most of the upcoming articles were Planning Board articles, he had no objections to extending the meeting until after school vacation. 11:09 P. M. Motion to adjourn to Wednesday, April 6, 1977 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 11:10 P. M. A true copy. Attest: /�r� i%1% 'fly!"a'y R. McDonough, To Clerk ADJOURNED TOWN MEETING APRIL 6, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:12 P. M. in Cary Memorial Hall. There were 186 Town Meeting Members present. Invocation offered by Rev. John Allen Broyles, Pastor of the Lexington United Methodist Church. 8:12 P. M. Article 63. Stephen W. Doran moved that this article be indefinitely postponed. Carried Unanimously. 8:13 P. M. Howard M. Kassler moved that Article 50 be taken from the table. Carried by voice vote. 8:13 P. M. Article 50. Presented by Howard M. Kassler. MOTION: (a) That the care, custody, management and control of a portion of land shown as Lot 90 on Assessors' Property Map 31, consisting of approximately 3.25 acres more or less along the southern (See boundary of said parcel be transferred from the School Department Pages to the Board of Selectmen, and 198, (b) That the Selectmen be and they are hereby authorized to convey and such land to Robert Cataldo on such terms as the Selectmen deem 216 - advisable, provided the grantee(1) conveys to the Town of Lexington 218 inc.) for conservation purposes the land shown as Lot 67A on Assessors' Property Map 16, consisting of 3.25 acres more or less, along with access from Blossomcrest Road (2) conveys a walking easement from Marrett Road to the remaining school land shown as Lot 90 on Assessors' Property Map 31 over grantee's land and constructs and landscapes a walkway within 20 feet of the existing stream on the westerly side of land owned by grantee and shown as Lot 60A on Assessors' Property Map 31 and (3) bears all expenses of the conveyance. 8:15 P. M. __J Mr. Kassler stated that Mr. Cataldo approached the Board of Selectmen as he wanted to build a house and farm this land. It was felt, by the Board, that this was not something to be decided by the Selectmen as a precedent would be started and should instead be brought before the town meeting. A committee to look into this was set up as follows: Otis S. Brown, Jr. , School Committee member, Paul J. MacKenzie of the Planning Board, Francis W. K. Smith of the Conservation Commission and Howard M. Kassler representing the Board of Selectmen. There will not be any money passed as this will be a land swap with Mr. Cataldo. The estimated value of the land to be conveyed to Mr. Cataldo is $32,500. and the estimated value of the land to be conveyed to the town by Mr. Cataldo is $56,500. A letter has been received by the Selectmen from the School Committee stating that they (the School Committee) have voted that they have no interest in the Cotton prop- erty on Marrett Road at this time or any time in the future. 8:25 P. M. Paul J. MacKenzie, Chairman of the Planning Board, spoke in opposition. 8:27 P. M. In response to a question by Frank Sandy, Mr. Kassler stated that the appraiser was the choice of the town and is the same one that is used by the Conservation Commission. 8:30 P. M. Francis W. K. Smith spoke in favor of this article for the Conserva- tion Commission. 8:42 P. M. After much discussion, much of it regarding the fact that Mr. Cataldo was a former Selectman, both pro and con, John P. Carroll moved the previous question, which was declared carried by voice vote. 8:49 P. M. (Adjourned Town Meeting - April 6, 1977) Article 50. Paul W. Marshall asked for a roll call vote. 8:50 P. M. (Cont.) The Moderator asked if there were 50 Town Meeting Members in favor of a roll call and the following counts were given by precincts: Precinct One 4 Precinct Two 11 Precinct Three 10 Precinct Four 5 Precinct Five 0 Precinct Six 8 Precinct Seven 8 Precinct Eight 4 Precinct Nine 3 At Large 7 Total 60 The Moderator stated that a roll call vote was in order. 8:50 P. M. The Moderator then stated that the motion under Article 50 would be divided - a separate vote for part (a) and part (b) and did the members want a roll call vote on both parts. 8:52 P. M. Paul W. Marshall withdrew his request for a roll call vote on part (a) but not for part (b) . 8:53 P. M. Edward E. Furash stated that the Appropriation Committee had met with the Board of Selectmen and were entirely satisfied with this land swap and he said that he would personally vote in favor. 9 P. M. Paul J. MacKenzie, Chairman of the Planning Board, stated that the Planning Board was unanimously opposed. 9:03 P. M. The Moderator stated that there would not be a roll call on part (a) . A voice vote was taken but was not unanimous, so a standing vote was L_, taken as follows: Precinct In Favor Tellers Opposed 1 11 Jerome J. Green 5 2 10 Michael J. O'Sullivan 6 3 5 Lilah H. Groisser 12 4 10 Richard F. Perry 6 5 10 Guy W. Doran 9 6 4 John T. Harvell 12 7 7 Leo J. Grace 10 8 14 Robert J. Burbidge 6 9 10 Jane P. Buckley 6 At Large 18 Howard L. Levingston 5 Totals 99 77 Less than the required two-thirds having voted in favor, part (a) of Article 50 is not adopted. 9:08 P. M. The Moderator stated that part (b) is inoperable as part (a) was defeated. A voice vote on part (b) was taken and the Moderator declared that Article 50, part (b) was not adopted. 9:10 P. M. L James M. McLaughlin served notice of reconsideration of Article 50. 9:10 P. M. 2 (Adjourned Town Meeting - April 6, 1977) Article 64. Presented by Mary W. Miley. MOTION: That the Standing Plumbing and Building By-Law Comuiiittee created under Article 27 of the Warrant for the November 25, 1963 Special Town Meeting be dissolved. Carried Unanimously. 9:11 P. M. Article 65. Presented by William R. Page. MOTION: That the Town vote to instruct the Board of Selectmen to appoint a committee to cooperate with the National Science Founda- tion in conducting a forum, conference, or workshop to increase public understanding in Lexington of the impact of research on the allevia- tion of the problems of old age. 9:12 P. M. Howard M. Kassler stated that the Board of Selectmen complimented and thanked Mr. Page for his work on this subject and unanimously supported the article. 9:20 P. M. Main motion, as presented by Mr. Page, carried unanimously. 9:23 P. M. Article 66. Presented by Margery M. Battin. MOTION: (A) That the Town accept Section 8E of Chapter 40 of the General Laws and establish a youth commission consisting of seven members. (B) That it is the desire of this meeting that one appointee be between the ages of 18 and 21, and that the youth commission appoint an advisory committee consisting of youth. 9:24 P. M. Mrs. Battin stated that this new commission was recommended by the Drug Advisory Committee, the Youth Advisory Commission (which would be dissolved) and a majority of the Board of Selectmen. This commission would be appointed by the Town Manager with the approval of the Board of Selectmen and could only be dissolved by town meeting and not the Board of Selectmen alone. 9:23 P. M. Sumner Perlman of the Drug Advisory Committee and Nancy Abelmann of the Youth Advisory Commission both spoke in favor of this motion. 9:33 P. M. Edward E. Furash stated that the Appropriation Committee were in favor of this article. 9:36 P. M. Main motion, as presented by Mrs. Battin, declared carried by voice vote. 9:47 P. M. Article 67. Presented by Mary W. Miley. MOTION: That the Town accept Section 9E of Chapter 32B of the General Laws. 9:48 P. M. (GOVERNMENTAL UNITS MAY MAKE PAYMENT OF SUBSIDIARY OR ADDITIONAL RATE FOR INSURANCE FOR RETIRED EMPLOYEES) Mrs. Miley stated that this involved 180 pensioners at this time. Motion, as presented by Mrs. Miley, carried unanimously. 9:48 P. M. Mary W. Miley moved that Article 4, Item #1700 be taken from the table. Carried by voice vote. 9:49 P. M. Article 4. Presented by Mary W. Miley. Insurance (See Page 170. ) #1700 Group $709,000. Carried Unanimously. 9:50 P. M. (Adjourned Town Meeting - April 6, 1977) Article 68. Presented by Margery M. Battin. MOTION: That the Town accept Section 41B of Chapter 41 of the General Laws. 9:51 P. M. (PAYMENT OF PUBLIC EMPLOYEES BY DIRECT BANK CREDITS) Edward E. Furash stated that he would abstain from voting on this article. 9:52 P. M. Motion, as presented by Mrs. Battin, carried unanimously. 9:53 P. M. Article 69. Presented by Alfred S. Busa. MOTION: That the Town vote to accept the following gifts: (Sec. (A) adopted) (A) a gift of money from the Bicentennial Corporation; (B) a gift of a bandstand to be constructed on town owned land as (Sec. (B) designated by the Board of Selectmen and, if necessary, the Board of referred Selectmen are authorized to petition the General Court for an act to to permit the construction of the bandstand on the land so designated. Permanent 9:53 P. M. Building Comm.) Richard A. Michelson, President of the Bicentennial Corporation, stated that through the sale of booklets and medals a check in the amount of $14,808.07 would be presented to the Town. 9:57 P. M. Edward E. Furash, Chairman of the Appropriation Committee, thanked Mr. Michelson and told him that he was a man of his word. 9:57 P. M. Section (A) A voice vote was taken on Section (A) of Article 69 and said Section (A) was declared carried. r-- 9:57 P. M. Louis A. Zehner, Town Treasurer, accepted, in behalf of the Town, 4 the check in the amount of $14,808.07 from Mr. Michelson. 9:57 P. M. Section (B) is now on the floor for discussion. Mr. Busa stated that a group of citizens of the town are to give a sum of money for a bandstand and the thought at this time is to have the bandstand constructed on Hastings Park. 10 P. M. (Motion William J. Scouler moved that Article 69, Section (B) be referred to adopted the Permanent Building Committee for study. under 10:05 P. M. Sec. (B) . ) In response to a question by Charles E. Connolly regarding alternate locations for the bandstand, Mr. Busa stated that two possibilities were Tower Park and Parker Field. 10:08 P. M. Arthur E. Burrell moved the previous question which was declared carried by voice vote. 10:08 P. M. Voice vote on Article 69, Section (B) was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Jerome J. Green 9 2 4 Michael J. O'Sullivan 12 3 16 Lilah H. Groisser 3 4 11 Richard F. Perry 7 5 10 Guy W. Doran 7 6 13 John T. Harvell 4 7 15 Leo J. Grace 2 8 7 Robert J. Burbidge 13 9 8 Jane P. Buckley 7 At Large 3 Howard L. Levingston 19 Totals 92 83 Referral of Art. 69, Sec. (B) to Permanent Building Committee adopted. 10:11 P. M. ").1)A (Adjourned Town Meeting - April 6, 1977) Article 70. Presented by Howard M. Kassler. MOTION: That the Town establish a remembrance fund for the receipt of gifts or bequests for the beautification of any town owned cemetery to be administered as provided in Section 25 of Chapter 114 of the General Laws. Carried by voice vote. 10:14 P. M. Article 71. Presented by Joseph 0. Rooney. (See MOTION: That the Town vote to authorize the Lexington Housing below Authority to plan and construct a state-aided housing project for for elderly persons of low income, consisting of not more than sixty motion dwelling units, pursuant to General Laws Chapter 121B, Section 39 as as amended. adopted) 10:15 P. M. William T. Spencer offers the following amendment: MOTION: That Article 71 be amended by adding at the end the following sentence: "Further, it is the sense of this Town Meeting that the Lexington Housing Authority should continue and expand its efforts to provide general low income housing." 10:15 P. M. Mr. Rooney stated that the Lexington Housing Authority is not opposed to this amendment. 10:17 P. M. Fred C. Bailey served notice of reconsideration of Article 69, Section (B) . 10:18 P. M. 1 Article 71. After general discussion, Mr. Spencer's motion to amend declared Cont.) carried by voice vote. 10:26 P. M. Main motion as amended now reads: (Motion MOTION: That the Town vote to authorize the Lexington Housing as Authority to plan and construct a state-aided housing project for adopted) elderly persons of low income, consisting of not more than sixty dwelling units, pursuant to General Laws Chapter 121B, Section 39 as amended. Further, it is the sense of this Town Meeting that the Lexington Housing Authority should continue and expand its efforts to provide general low income housing. Main motion, as amended, declared carried unanimously. 10:26 P. M. Article 72. Presented by Joseph O. Rooney. MOTION: That the Selectmen be and they hereby are authorized to convey a parcel of land on the southerly side of Woburn Street shown as parcel containing 4.4 acres, more or less, on plan entitled "Plan of Land in Lexington, Mass." dated February 11, 1969, E. Conrad Levy & Assoc. , Surveyors and Engineers recorded in Middlesex South Registry of Deeds Book 12177, Page 550, to the Lexington Housing Authority; on such terms as the Selectmen shall determine. 10:27 P. M. �--� Paul J. MacKenzie stated that the Planning Board supports this article as an orderly first step for a land bank. 10:36 P. M. After a brief recess called by the Moderator from 10:40 P. M. to 10:42 P. M. , the motion, as offered by Mr. Rooney, declared carried by voice vote. 10:43 P. M. (Adjourned Town Meeting - April 6, 1977) Article 73. Presented by Joseph 0. Rooney. MOTION: That the Zoning By-Law of the Town be amended by adding a (See new subsection 22.48 as follows: Page 206) "A district on the southerly side of Woburn Street as shown on the Zoning District Map No. RM-6 entitled "RM Garden Apartment Districts", designated thereon 22.48." 10:44 P. M. Paul J. MacKenzie stated that the Planning Board supported this article and filed the Report of the Planning Board covering Article 73. 10:48 P. M. After general discussion, including the existence of Zoning District Map No. RM-6, Eric T. Clarke moved that the meeting be adjourned. 10:53 P. M. Howard M. Kassler said that there would only be three Selectmen available after April 15th to the end of the month, therefor, as he had stated on Monday evening, as there would probably be at least three more sessions of town meeting he was recommending either Monday, Tuesday, Wednesday and Thursday if necessary. 10:54 P. M. Robert M. Gary asked why it was necessary to have five Selectmen to finish the town meeting. 10:55 P. M. The Moderator asked for the sense of the meeting about holding sessions on Monday, Tuesday and Wednesday if necessary, or, Monday, Wednesday and Thursday. The Moderator stated, that, by a show of hands, it appeared that the members preferred Monday and Wednesday. 10:56 P. M. Paul J. MacKenzie, Chairman of the Planning Board, said he recommended Monday and Wednesday and dissolving the meeting on Wednesday Night as he felt that all articles would be completed then. 10:57 P. M. Mr. Kassler moved to amend Mr. Clarke's motion to adjourn, by adding that the meeting be adjourned to Monday, April 11, 1977 at 8 P. M. in Cary Memorial Hall. Carried. 10:57 P. M. Motion to adjourn, as amended, to Monday, April 11, 1977 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 10:58 P. M. A true copy. Attest: Mary R. McDonough, Town Clerk t) ADJOURNED TOWN MEETING - APRIL 11, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P. M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation was offered by Rabbi Cary D. Yales of the Temple Isaiah. 8:12 P. M. The Moderator stated that the meeting continues to be open on Article 73. (Article 73 was presented at the April 6, 1977 Adjourned Session - See Page 205) 8:12 P. M. Article 73. Joseph O. Rooney presented a substitution motion as follows: MOTION: That the Zoning By-law of the Town be amended by adding a (See new subsection 22.48 as follows for the purpose of rezoning the parcel Page of land containing 4.4 acres, more or less, which was described and 205) authorized to be conveyed by the Selectmen to the Lexington Housing Authority for one dollar or any other sum by the vote under Article (Approved 72 of the warrant for this meeting and which is shown on a map on by file with the Town Clerk: Atty. Gen. , June 15, "A district on the southerly side of Woburn Street as shown on the 1977. Zoning District Map No. RM-6 entitled "RM Garden Apartment Districts", designated thereon 22.48". Advt. in 8:13 P. M. Lex. Min. Man, Paul J. MacKenzie stated that the Planning Board unanimously supported July 7, this motion. (Planning Board Report filed under Article 73 at the 14 & 21, April 6, 1977 Adjourned Town Meeting.) 8:15 P. M. 1977) Substitute motion, as presented by Mr. Rooney, declared carried unanimously. 8:15 P. M. Howard M. Kassler moved that Article 5 be taken off the table, which was carried unanimously. 8:15 P. M. Article 5. Presented by Howard M. Kassler. MOTION: That $240,000.00 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the additional funds required for Fiscal 1978 and to raise such amount, $3,135.00 in available P.L. 94-369 (Anti-Recession Fiscal Assistance Funds) is to be applied and $236,865.00 be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 1060 Town Manager 1075 Clerical Services 1130 Director of Guides 1141 Tuition and Training 1150 Town Clerk • 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Animal Control 3760 Police Department Management and Staff 3770 Police Collective Bargaining Unit 4110 Fire Department Management and Staff 4300 Local Disaster Services 4450 Inspection 4900 D.P.W. Collective Bargaining Unit 4950 Department of Public Works Management and Staff (Adjourned Town Meeting - April 11, 1977) ' `7 Article 5. 5100 Engineering (Cont.) 5200 Town Building Maintenance 7100 Veterans' Benefits 7500 Library 7825 Non-Contributory Pension Fund 8:18 P. M. Robert M. Hutchinson, Jr. , Town Manager, stated that the agreements with the Police Department and the D.P.W. Collective Bargaining Units have been concluded. The agreement with the Fire Department has not been reached at this time, and, if not concluded before the end of this town meeting, it will be necessary to have a Special Town Meeting. 8:23 P. M. Main motion, as presented by Mr. Kassler, declared carried unanimously. 8:23 P. M. Fred C. Bailey served notice of reconsideration of Article 5. 8:23 P. M. Richard A. Michelson moved for reconsideration of Article 34. 8:23 P. M. Howard M. Kassler stated that the Board of Selectmen favored reconsideration of Article 34 as did William J. Scouler of the Permanent Building Committee. 8:30 P. M. Reconsideration of Article 34, as presented by Mr. Michelson, declared carried by voice vote. 8:31 P. M. Article 34. Howard M. Kassler presented a substitute motion as follows: (Original motion presented March 30, 1977 - See Page 186) (See MOTION: That Article 34 be amended to appropriate a sum of next page $19,500. for preliminary plans and specifications for renovating and for adding to the Center Pool Complex, and that such item be raised in motion the tax levy. 8:32 P. M. as adopted) Richard A. Michelson moved that the amount of $50,000. be deleted and the amount of $15,750. be inserted. 8:33 P. M. The Moderator stated that as Mr. Michelson is moving to amend the substitute motion, the figure should be $19,500. instead of $50,000. Therefore, the motion to amend should read: Motion: That the amount of $19,500. be deleted and the amount of $15,750. be inserted. 8:33 P. M. Jerome J. Green moved to amend the substitute motion by adding: MOTION: In addition to considering the present pool location as a site for a new pool complex the recreation and permanent building committees shall consider two additional sites adjacent to the high school, one on the east side of the present field house and the other on the west side, each in close proximity to the high school locker room facilities. 8:33 P. M. The Moderator stated that questions or discussion would be first on Mr. Green's amendment. Mr. Kassler stated that the Board of Selectmen had no objections to Mr. Green's amendment. Mrs. Uhrig stated that the Recreation Committee did not have any objections to Mr. Green's amendment and urged the meeting to support the larger sum of money. 8:38 P. M. Mr. Green's motion to amend was declared carried by voice vote. 8:38 P. M. Mr. Michelson's motion to amend was declared lost by voice vote. 8:40 P. M. .,k (Adjourned Town Meeting - April 11, 1977) Article 34. Mr. Kassler's motion to substitute a motion for the original motion, (Cont.) as amended by Mr. Green, declared carried by voice vote. 8:41 P. M. The substitute motion, as amended, which is now the original motion, now reads: MOTION: That Article 34 be amended to appropriate a sum of $19,500. for preliminary plans and specifications for renovating and adding to the Center Pool Complex, and that such item be raised in the tax (Motion levy. as adopted) In addition to considering the present pool location as a site for a new pool complex the recreation and permanent building committees shall consider two additional sites adjacent to the high school, one on the east side of the present field house and the other on the west side, each in close proximity to the high school locker room facilities. Substitute motion, as amended, which is now the original motion, declared carried by voice vote. 8:41 P. M. Article 74. Presented by Paul J. MacKenzie. MOTION: That the Town accept Chapter 808 of the Acts of 1975 entitled "An Act Further Regulating the Zoning Enabling Act." 8:42 P. M. Paul J. MacKenzie stated that the Planning Board unanimously feel that this is the first step in the process of bringing the Lexington Zoning By-law into conformance with Chapter 808. They do not feel that this article should be postponed. 8:47 P. M. (Motion Dan H. Fenn, Jr. moved that Article 74 be referred back to the as Planning Board for further study, consultation with other relevant adopted) Boards and an appropriate program of public education on the subject matter. 9:13 P. M. Mr. MacKenzie spoke against the motion to refer. 9:14 P. M. Alfred S. Busa stated that the Board of Selectmen, four to one, favored the motion to refer Article 74 back to committee. 9:21 P. M. Mr. Fenn's motion to refer declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 13 Jerome J. Green 4 2 12 Michael J. O'Sullivan 7 3 11 Lilah H. Groisser 8 4 9 Richard F. Perry 8 5 12 Guy W. Doran 3 6 7 John T. Harvell 11 7 6 Leo J. Grace 12 8 17 Robert J. Burbidge 1 9 9 Jane P. Buckley 5 , At Large 17 Howard L. Levingston 6 113 65 Motion to refer Article 74 back to the Planning Board, as presented by Mr. Fenn, adopted. 9:28 P. M. Paul J. MacKenzie filed the Planning Board Report covering Articles 74 - 84. 9:28 P. M. Articles 75 - 84 inclusive. (See Pages 212 & 213.) (Adjourned Town Meeting - April 11, 1977) �? Manfred P. Friedman moved that Article 85 be taken up after Article 74. Carried by voice vote. 9:28 P. M. Article 85. Presented by Manfred P. Friedman. MOTION: That the General By-Laws of the Town of Lexington be amended by adding a new Section XXXIII entitled "General By-Law (Approved for Wetland Protection" as set forth in the "Reports of the Lexington by Planning Board to the 1977 Annual Town Meeting". Marginal Atty. Gen. , references are not included. 9:29 P. M. July 27, 1977. (Article 85 as set forth in the "Reports of the Lexington Planning Board to the 1977 Annual Town Meeting" as follows: Advt. in Lex. Min. MOTION: To amend the General By-Laws of the Town of Lexington by Man, adding a new Section XXXIII as follows: Aug. 18, 25 & General By-Law For Wetland Protection Sept. 1, 1977) SECTION 1 No person shall remove, fill, dredge, build upon or alter any bank, freshwater wetland, marsh, bog, wet meadow or swamp bordering on any creek, river, stream, pond or lake or any land under said waters, or any land bordering thereon as hereinafter defined, or any land subject to flooding or inundation other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, tele- phone, telegraph and other tele-communication services without first filing written notice of his intention to so remove, fill, dredge, alter , or build _upon, including such plans as may be necessary to fully describe such proposed activity and its effect on the environment without receiving and complying with a permit issued by the Conserva- tion Commission. Said notice shall be sent by certified mail to the Conservation Commission. Each such notice shall be accomplished by a filing fee of Twenty-five dollars ($25.) payable to the Town of Lexington. Copies of such notice shall be sent at the same time, by certified mail, to the Town Engineer, Board of Selectmen, Planning Board and the Board of Health. Such notice may be sent before any or all permits, variances and approvals required by the Zoning By-Law or by the Subdivision Control Law and the Regulations of the Planning Board thereunder have been obtained. Upon written request of any person, the Conservation Commission shall within 21 days make a written determination as to whether this By-Law is applicable to any land or work thereon. Where such person is other than the owner notice of any such determination shall be sent to the owner and to the person making such request. SECTION 2 The Conservation Commission shall hold a public hearing on the proposed activity within 30 days of the receipt of said notice. Notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington, and by delivering or mailing a notice thereof to the applicant, to the Board of Health, Board of Selectmen, the Town Engineer and the Planning Board, to abutters of the land (as determined by the most recent assessor's records) on which the proposed activity is to take place and to such other persons as the Conservation Commission may determine. The Conservation Commission, the Town Manager, the Town Engineer, the Planning Board, their agents, officers and employees may enter upon_privately owned land without liability of any kind for the purpose of performing the duties under this Section. (Adjourned Town Meeting - April 11, 1977) Article 85. SECTION 2.1 (Cont.) If, after said hearing, the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply, to the ground water supply, to flood control, to storm damage prevention, to other water damage prevention, to the prevention of pollution, to the protection of surrounding land and - _ - _ _ _ other homes or buildings, and to the protection of streams, ponds or other bodies of water, shall-, by written order, within 21 days or such further time as the Commission and the appli- cant shall agree on, impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged, that streams not be diverted, dammed or otherwise disturbed. SECTION 2.2 If the Conservation Commission makes a determination that the pro- posed activity does not require the imposition of such conditions, the applicant and all others who have received notice of such hearing by mail shall be notified of such determination within 21 days after said hearing. SECTION 2.3 The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it pur- suant to General Laws, Chapter 131, Section 40 than it has imposed pursuant to the provisions of this By-Law, nor shall it require from an applicant who filed a notice of intention pursuant to General Laws, Chapter 131, Section?additional materials or data than is required of him pursuant to the application filed under this By-Law. SECTION 3 This By-Law shall not apply to any emergency project as defined in General Laws, Chapter 131, Section 50, to any mosquito control project authorized by any laws of the Commonwealth or to any work performed for normal maintenance or improvement of land actively devoted to agri- cultural use at the time of application. SECTION 4 Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this By-Law or in violation of any order issued under this By-Law shall forthwith comply with any such order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. The Town Manager and the Board of Selectmen shall, upon request of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this By-Law, and enforce the orders of the Conservation Commission hereunder, and the Town Counsel shall forthwith comply with such instructions. SECTION 5 The Conservation Commission may promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this By- Law. However, failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-Law. _ — r I (Adjourned Town Meeting - April 11, 1977) <a r Article 85. SECTION 6 (Cont. ) The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm to the interest sought to be protected by this By-Law. Failure to provide to the Conserva- tion Commission adequate evidence for it to determine that the proposed work does not cause significant harm to the interest sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. SECTION 7 The following definitions shall apply in the interpretation and implementation of this By-Law. Section 7.1 The term "applicant" as used in this By-Law shall mean a person giving notice of intention to build, remove, fill, dredge or alter. Section 7.2 The term "person" as used in this By-Law shall in- clude any individual, group of individuals, associations, partnerships, corporations, business organizations, trust, estate, Commonwealth of Massachusetts when subject to town By-Laws, any public or quasi- public corporation or body when subject to town By-Laws or any other legal entity, including the Town of Lexington or its legal rep- resentatives, agents or assigns. Section 7.3 The terms marsh, freshwater wetland, swamp, wet meadow, bog, as used in this By-Law shall be defined as defined in c 1 General Laws Chapter 131 Section 40. Section 7.4 The word "alter" shall be defined as including but not limited to one or more of the following actions upon areas described in the act. (a) The removal, excavation or dredging of soil, sand, gravel or aggragate material of any kind; (b) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas; (c) the drainage or disturbance of the water level or water table, the dumping, discharging or filling with any material which could degrade the water quality; (d) the driving of piling, erection of buildings or structures of any kind; (e) the placing of obstructions whether or not they interfere with the flow of water; (f) the destruction of plant life, including the cutting of trees, which might result in environmental damage to the land or a part thereof rendered by this By-Law; (g) the changing of water temperature, biochemical oxygen demand and other natural characteristics of the receiving water; (h) any activities, changes or work which pollutes any stream or body of water, whether located in or out of the Town of Lexington. Section 7.5 "Banks" shall be defined as land adjoining any body of water which serves to confine said water. Section 7.6 "Bordering" shall be defined including any land within either of the following: (Adjourned Town Meeting - April 11, 1977) Article 85. (a) 100 feet horizontally lateral from the bank of any beach, (Cont.). marsh, meadow or swamp bordering on a creek, river, stream, pond, lake or wetland. (b) 100 feet horizontally lateral from the water elevation of the 100 year storm or whichever is the greater distance of (a) or (b) . Section 7.7 The Conservation Commission may in its rules and regulations provide such other definitions, or terms used in this By-Law, as it deems useful in order to carry out its obligations under this By-Law. SECTION 8 The Conservation Commission may, as part of its order of conditions, require, in addition to any security required by any other town or state Board, Commission, agency or officer, that the performance and observance of the conditions imposed hereunder be secured by one, or in part by one and in part by the other of the methods described in the following clauses (1) and (2) : (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such order of conditions. (2) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the conditions and safeguards included in such order of conditions shall be performed before any lot may be conveyed other than by mortgage deed. SECTION 9 Whoever violates any provision of this By-Law shall be punished by a fine of not more than $200. Each day or portion thereof of continuing violation shall constitute a separate offense. This By-Law may be enforced by any Town Police Officer or other officer having police —ry powers. SECTION 10 .� The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof, nor shall it invalidate any order of conditions which have previously become final.) Mr. Friedman stated that the Planning Board unanimously supported this article as did John J. McSweeney, Director of Public Works and Jerry Martin, Assistant Town Engineer. The Report of the Planning Board covering Article 85 was filed by Mr. Friedman. 9:34 P. M. Francis W. K. Smith stated that the Conservation Commission favored passage of this article. 9:38 P. M. Main motion, as presented by Mr. Friedman, declared carried by voice vote. 9:39 P. M. Article 75. Paul J. MacKenzie moved that Article 75 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:39 P. M. (See Page 219 for Report) Article 76. Paul J. MacKenzie moved that this article be indefinitely postponed. Carried Unanimously. 9:40 P. M. Article 77. Paul J. MacKenzie moved that Article 77 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:40 P. M. Article 78. Paul J. MacKenzie moved that Article 78 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:40 P. M. (Adjourned Town Meeting - April 11, 1977) f3" Article 79. Paul J. MacKenzie moved that Article 79 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:41 P. M. Article 80. Paul J. MacKenzie moved that Article 80 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:41 P. M. Article 81. Paul J. MacKenzie moved that Article 81 be referred to the Planning Board for further study and public education. Carried by voice vote. 9:41 P. M. Article 82. Paul J. MacKenzie moved that Article 82 be referred to the Planning Board for further study and public education. Carried by voice vote. 9:42 P. M. Article 83. Paul J. MacKenzie moved that this article be indefinitely postponed. Carried Unanimously. 9:42 P. M. Article 84. Paul J. MacKenzie moved that Article 84 be referred to the Planning Board for further study and public education. Carried Unanimously. 9:45 P. M. Paul J. MacKenzie filed the Reports of the Planning Board covering Articles 77 through 82 and Article 84. 9:45 P. M. Article 85. (See Pages 209 - 212 inc.) Article 86. Presented by Jonathan P. Doran. MOTION: That the zoning by-law of the Town of Lexington be amended by adding a new subsection 22.52. R.D - Multi-family dwelling district as follows: (MOTION 22.52 A district on the Southerly side of East Street and the as Northeasterly side of Fiske School as shown on the zoning District ADOPTED) Map No. RD-2 - entitled RD Multi Dwelling District Designated thereon 22.52. (Approved Described as follows: by Atty. Gen. , NORTHERLY by East Street, 858.20 feet; June 15, NORTHWESTERLY by the intersection of East Street and Adams 1977. Street, 128.46 feet; SOUTHWESTERLY by land of the Town of Lexington, 988.68 feet; Advt._ in SOUTHEASTERLY 254.2 feet; Lex. Min. SOUTHWESTERLY 412 feet; Man, WESTERLY 112 feet; July 7, 14 SOUTHERLY 180 feet; and 21, SOUTHEASTERLY 201.4 feet; 1977) NORTHEASTERLY 378.1 feet; SOUTHEASTERLY 130.8 feet, 35.5 feet and 148.8 feet; NORTHEASTERLY 131.95 feet; NORTHERLY 210 feet; and EASTERLY 190 feet to the point of beginning. Containing 16.35 acres of land. 9:47 P. M. Builder, Mark Moore, Jr. and Michael Weinmyer, Site Planner, spoke on the article. There will be 1, 2, and 3 bedroom homes with 2.8 building units per acre. There will be two access points from East Street and one of them will be an access to Fiske School. 10:02 P. M. Sheila M. Busa served notice of reconsideration of Article 85. 10:02 P. M. /" (Adjourned Town Meeting - April 11, 1977) Article 86. Edward E. Furash submitted a written notice stating that he would (Cont.) abstain from voting on Article 86. Mr. Weinmyer stated that the price range of these units would be $50,000. to $100,000. 10:10 P. M. Paul J. MacKenzie stated that the Planning Board unanimously supported this article and filed the Report of the Planning Board covering Article 86. 10:10 P. M. Albert P. Zabin moved the previous question, which was declared carried by voice vote. 10:20 P. M. —, Marc M. Nezer of 50 East Street spoke in favor of the motion and was quite pleased that the children could walk to school on the roadway through this complex. 10:22 P. M. Voice vote on Mr. Doran's motion was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 13 Jerome J. Green 1 2 17 Michael J. O'Sullivan 0 3 16 Lilah H. Groisser 2 4 17 Richard F. Perry 0 5 12 Guy W. Doran 2 6 15 John T. Harvell 0 7 18 Leo J. Grace 0 8 17 Robert J. Burbidge 0 9 13 Jane P. Buckley 1 At Large 21 Howard L. Levingston 0 Totals 159 6 More than the required two-thirds having voted in favor, the main motion presented by Mr. Doran is adopted. 10:28 P. M. Mary W. Miley moved to reconsider Article 28. 10:28 P. M. Voice vote on motion to reconsider Article 28 declared lost by voice vote, which was doubted by more than twenty members, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Jerome J. Green 10 2 5 Michael J. O'Sullivan 13 3 5 Lilah H. Groisser 14 4 12 Richard F. Perry 5 5 3 Guy W. Doran 11 6 8 John T. Harvell 7 7 8 Leo J. Grace 10 8 6 Robert J. Burbidge 10 9 2 Jane P. Buckley 11 At Large 14 Howard L. Levingston 9 Totals 68 100 Motion to reconsider Article 28, as presented by Mrs. Miley, was not adopted. 10:32 P. M. Howard M. Kassler moved that the meeting be adjourned to Wednesday, April 13, 1977 at 8 P. M. in Cary Memorial Hall. 10:33 P. M. Voice vote on motion to adjourn was doubted, so a standing vote taken as follows: (Adjourned Town Meeting - April 11, 1977) Precinct In Favor Tellers Opposed 1 12 Jerome J. Green 4 2 12 Michael J. O'Sullivan 4 3 10 Lilah H. Groisser 9 4 10 Richard F. Perry 5 5 3 Guy W. Doran 12 6 8 John T. Harvell 9 7 9 Leo J. Grace 9 8 14 Robert J. Burbidge 3 9 4 Jane P. Buckley 10 At Large 15 Howard L. Levingston 8 Totals 97 73 Motion to adjourn to Wednesday, April 13, 1977 at 8 P. M. in Cary Memorial Hall declared carried. 10:36 P. M. A true copy. Attest: -af i '7)1J 44111.44.1e Mary R. McDonough, Town Clerk c"^ ADJOURNED TOWN MEETING - APRIL 13, 1977 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 186 Town Meeting Members present. Invocation offered by Rev. Donald A. Wells, Pastor of the Trinity Covenant Church. 8:12 P. M. Before the meeting Paul J. MacKenzie, Chairman of the Planning Board, filed the Planning Board Reports on Articles 87 and 88 and minority and majority report on Article 89. Article 87. Paul J. MacKenzie moved that Article 87 be referred to the Planning Board. Carried Unanimously. 8:13 P. M. Article 88. Paul J. MacKenzie moved that Article 88 be referred to the Planning Board. Carried Unanimously. 8:13 P. M. Article 89. Paul J. MacKenzie moved that Article 89 be indefinitely postponed. Carried Unanimously. 8:13 P. M. James M. McLaughlin moved for reconsideration of Article 50. 8:14 P. M. Ronald W. Colwell spoke against reconsideration and asked who acquired the appraiser and by whom was he paid. 8:18 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, stated that Mr. Cataldo paid for the appraiser as requested but that the town picked him as he is the same appraiser that the Conservation Commission employs. He also stated, that, although he just found out a few days ago that the appraiser is a director in the bank that has Robert Cataldo's cousin as President,and in which Mr. Cataldo has shares, he has no doubt about the integrity and honesty of this appraiser. Mr. Cataldo does not intend to do anything in his lifetime other than farm this land. 8:25 P. M. Francis W. K. Smith, member of the Conservation Commission, spoke in favor of reconsideration. 8:29 P. M. Voice vote on Mr. McLaughlin's motion to reconsider Article 50 doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Jerome J. Green 6 2 12 Michael J. O'Sullivan 7 3 8 Lilah H. Groisser 12 4 8 Richard F. Perry 8 5 6 Guy W. Doran 11 6 3 John T. Harvell 13 7 5 Leo J. Grace 11 8 15 Robert J. Burbidge 4 9 8 Jane P. Buckley 8 At large 16 Howard L. Levingston 7 92 87 Motion to reconsider Article 50 is adopted. 8:43 P. M. Article 50. (As presented by Howard M. Kassler on April 4, 1977, and, at which time, it was defeated: (See MOTION: (a) That the care, custody, management and control of a Pages portion of land shown as Lot 90 on Assessors' Property Map 31, con- 200 & sisting of approximately 3.25 acres more or less along the southern 201) boundary of said parcel be transferred from the School Department to the Board of Selectmen, and (Adjourned Town Meeting - April 13, 1977) _, Article 50. (b) That the Selectmen be and they are hereby authorized to convey (Cont.) such land to Robert Cataldo on such terms as the Selectmen deem advisable, provided the grantee (1) conveys to the Town of Lexington for conservation purposes the land shown as Lot 67A on Assessors' Property Map 16, consisting of 3.25 acres more or less, along with access from Blossomcrest Road (2) conveys a walking easement from Marrett Road to the remaining school land shown as Lot 90 on Assessors' Property Map 31 over grantee's land and constructs and landscapes a walkway within 20 feet of the existing stream on the westerly side of land owned by grantee and shown as Lot 60A on Assessors' Property Map 31 and (3) bears all expenses of the conveyance. ) Ralph J. Frissore and a Mr. Hathaway, both property owners on Blossomcrest Road, spoke in favor of the article and the land swap. 8:47 P. M. Frank Sandy moved that a roll call be taken on Article 50 when the vote is taken. 8:48 P. M. The Moderator asked if there were 50 Town Meeting Members in favor of a roll call and the following counts were given by precincts: Precinct One 9 Precinct Two 10 Precinct Three 13 Precinct Four 5 Precinct Five 5 Precinct Six 10 52 The Moderator stated that a roll call vote was in order and it would not be necessary to get a count from the other three precincts as the vote was over 50. He also stated that the sections would not be divided for voting purposes, as they had been on April 4, 1977, as a two-thirds vote was needed on the whole article as presented. r-°- 8:50 P. M. be Francis W. K. Smith moved that the article/amended by adding after the word "Cataldo" "subject to the restriction that only one house and barn and customary out buildings be built thereon and" and adding after the word "such" the word "other". 8:50 P. M. At the request of Mr. Kassler, Robert Cataldo was recognized and spoke on the article. 8:54 P. M. Albert P. Zabin spoke for the Planning Board in opposition to the motion and Mr. Kassler stated that three Selectmen were in favor and two opposed. 9:02 P. M. Amendment, as presented by Mr. Smith, declared lost by voice vote. 9:03 P. M. Albert P. Zabin moved that Article 50 be referred to the Board of Selectmen for further evaluation, negotiation and development of a policy covering transfer of public land. 9:03 P. M. Robert A. Bowyer asked if Mr. Zabin would accept a substitute motion and read the following amendment: MOTION: That the subject matter of Article 50 be referred to the Board of Selectmen and that the Board of Selectmen, after consultation with the Planning Board, the School Committee and the Conservation Commission, be requested to submit to the 1978 Annual Town Meeting a written policy on the disposition of public land declared to be "surplus" or no longer needed, for the public purpose for which it was originally acquired, said policy to include at least: 1) the transfer of such land from one board or committee of the Town to another, 2) the disposition of land to private parties, and 3) the notification to the general public of land available for purchase by private parties. 9:06 P. M. r _ (Adjourned Town Meeting - April 13, 1977) Article 50. As there were no objections from the meeting, Mr. Zabin withdrew his (Cont.) motion to amend. 9:07 P. M. The Moderator stated that Mr. Bowyer's amendment is now the only amendment on the floor. 9:07 P. M. After much discussion, a voice vote was taken on Mr. Bowyer's motion to amend and was declared lost. This decision was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Jerome J. Green 10 2 9 Michael J. O'Sullivan 10 `� 3 9 Lilah H. Groisser 10 4 4 Richard F. Perry 12 5 4 Guy W. Doran 13 6 7 John T. Harvell 10 7 14 Leo J. Grace 3 8 1 Robert J. Burbidge 17 9 4 Jane P. Buckley 12 At Large 7 Howard L. Levingston 16 Totals 65 113 Robert A. Bowyer's motion to amend is not adopted. 9:20 P. M. Alfred S. Busa moved the previous question which was declared carried by voice vote. 9:22 P. M. The roll call vote on Article 50 was taken by the Town Clerk, Mary R. McDonough, starting at 9:33 P. M. and completed at 9:43 P. M. The Moderator called a recess in order that the count could be tallied. 9:43 P. M. The meeting was again called to order by Moderator Cole at 9:57 P. M. __J Result of the roll call as follows: Precinct Yes No Abstained Absent Totals 1 11 9 0 1 21 2 11 9 0 1 21 3 5 14 1 1 21 4 10 8 0 3 21 5 9 8 0 4 21 6 6 14 0 1 21 7 3 17 0 1 21 8 15 5 0 1 21 9 10 8 0 3 21 At Large 52 2 0 9 Totals 85 94 3 16 198 Less than the required two-thirds having voted in favor, the main motion, as presented by Mr. Kassler, is not adopted. 9:58 P. M. Ruth S. Thomas moved for reconsideration of Article 33. 9:58 P. M. Howard M. Kassler stated that this evening the Board of Selectmen had appointed .....i a Committee on Alternative Uses for Released School Buildings and Sites. 10:09 P. M. After general discussion, Daniel E. Power moved the previous question, which was declared carried by voice vote. 10:17 P. M. Motion to reconsider Article 33, as presented by Mrs. Thomas, declared lost by voice vote. 10:33 P. M. (Adjourned Town Meeting - April 13, 1977) :? Paul J. MacKenzie filed the Report of the Planning Board covering Article 75. (Article 75 had been presented on April 11, 1977.) 10:33 P. M. Richard E. Bayles moved to reconsider Article 30. 10:23 P. M. Reconsideration of Article 30 declared lost by voice vote. 10:33 P. M. Frank Sandy statdd that if Mr. Furash was just going to move indefinite post- ponement of Article 90, that he, Mr. Sandy, would move that this meeting be dissolved. 10:33 P. M. The Moderator stated that the meeting could not be dissolved until all articles had been acted upon and, therefore, ruled Mr. Sandy's motion out of order. 10:35 P. M. Paul A. Plasse moved for reconsideration of Article 47. 10:35 P. M. Motion to reconsider Article 47 declared lost by voice vote. 10:40 P. M. Article 90. Edward E. Furash moved that this article be indefinitely postponed. 10:40 P. M. Mr. Furash stated that there were no available funds to transfer to reduce the tax ±att,which is estimated to be $92.40, an increase of 25% in the last two years. At the request of Mr. Furash, Robert M. Hutchinson, Jr. , Town Manager, summarized this years appropriations. 10;43 P. M. Mr. Furash stated that what the meeting ended up with this year is what they would be starting with next year. A $100. tax rate is not too far in the future. This will be his last year as Chairman of the Appropriation Committee, having held that position for the last ten years and at the end of his talk he was given a standing ovation. 10:50 P. M. Motion to indefinitely postpone Article 90 was declared carried unanimously. 10:50 P. M. Article 2. Angela E. Frick, Chairman of the Conservation Commission, stated that the appraiser used by them has had, and will continue to have, the full confidence of the Conservation Commission. 10:50 P. M. Howard M. Kassler, Chairman of the Board of Selectmen, who has submitted his resignation as Chairman and member of the Board of Selectmen effective April 15, 1977 at 4:30 P. M. , thanked the town meeting and the citizens of the Town of Lexington for their help and cooperation during his tenure as member of the Conservation Commission and Board of Selectmen. 10:52 P. M. Elizabeth H. Clarke asked for a round of applause for Mr. Kassler to show the love and gratitude for all he had done and given to the town in the past years. 10:53 P. M. Mr. Kassler was given a standing ovation and, at the request of John T. Harvell, this action is being made part of the official record of this town meeting. 10:53 P. M. Howard M. Kassler moved that the 1977 Annual Town Meeting be dissolved. Carried Unanimously. 10:53 P. M. Moderator, Lincoln P. Cole, Jr., declared the 1977 Annual Town Meeting to be dissolved. 10:53 P. M. A true copy. Attest: ,p c Q f�ouu/ ! �v d,G_ Mary R. McDonough, Town Clerk ti (WARRANT FOR SPECIAL STATE PRIMARIES - SEE WARRANT FILE) SPECIAL STATE PRIMARIES MAY 24, 1977 Due to the resignation of Senator Ronald C. MacKenzie as senator from the Fifth Middlesex Senatorial District, on April 5, 1977 a precept issued by Kevin B. Harrington, President of the Senate, was received. This precept set forth Tuesday, May 24, 1977 as the day for holding a primary, and Tuesday, June 21st, 1977 as the day for holding an election to fill the vacancy now existing in said Fifth Middlesex district, comprising Wards 2, 3 and 4 in the city of Waltham and the towns of Bedford, Precincts 2 and 3 of Belmont, Burlington, Carlisle, Chelmsford, Precincts 4, 6, 7, 8 and 9 of Lexington, Lincoln and Wilmington. In pursuance of the warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, May 24, 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct Four, Senior High School; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct Four Precinct Six D Edna F. Marshall Warden D Mary C. Casey R Carol A. Goldthwait Clerk R Caroline P. Johnston R Mary G. McCauley Inspector D Helen M. Hoyle D Mary G. Oliver Inspector R Gloria D. Colbert R Mildred M. Cronin Inspector D Eileen J. Fradette D Gloria J. Bresnihan Inspector R Harold W. Josephson Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph O. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson R Elinor M. Vassallo Inspector D Henry P. Meade D Marjorie Modoono Inspector R Dolores M. Swan Precinct Nine D Joan H. McDonough Warden R Norma E. Ebbs Clerk D Mary C. Joseph Inspector R Virginia M. Warner Inspector D Elizabeth F. Downey Inspector R Caroline F. Deloury Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each of the five precincts at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. The total number of registered voters in each of the feprecincts eligible to vote as of May 4, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS Four 575 937 786 1 2,299 Six 628 829 653 2 2,112 Seven 477 898 744 0 2,119 Eight 469 792 654 0 1,915 Nine 456 880 835 0 2,171 Totals 2,605 4,336 3,672 3 10,616 (Special State Primary - May 24, 1977) 2 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct Four 8:40 P. M. Precinct Six 8:40 P. M. Precinct Seven 9 P. M. ' Precinct Eight 8:20 P. M. Precinct Nine 8:40 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: --- REPUBLICAN'S DEMOCRAT'S AMERICAN'S TOTAL VOTED VOTED VOTED VOTED Precinct Four 55 251 0 306 Precinct Six 62 302 2 366 Precinct Seven 52 392 1 445 Precinct Eight 68 299 0 367 Precinct Nine 37 283 0 320 Totals 274 1,527 3 1,804 16.9% of the 10,616 registered voters in the fie precincts cast their vote. 1 ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS PRECINCT PROCESSED USED UNUSED IN PERSON R D R DR D Four 1 5 1 5 0 0 Six 0 3 0 3 0 0 Seven 0 1 0 1 0 0 Eight 0 1 0 1 0 0 Nine 0 1 0 1 0 0 Totals 1 11 1 11 0 0 BALLOTS MAILED Four 0 1 0 1 0 0 Six 0 0 0 0 0 0 Seven 0 3 0 3 0 0 Eight 0 0 0 0 0 0 Nine 00 0 0 0 0 Totals 0 4 0 4 0 0 TOTALS 1 15 1 15 0 0 REPUBLICAN PARTY BALLOT Pr.. 4 Pr. 6 Pr.. 7 Pr. 8 Pr. 9 Totals SENATOR IN GENERAL COURT 4_-- 5th MIDDLESEX DISTRICT (TO FILL VACANCY) Michael A. Caira 29 41 31 49 17 167 Marvin C. Gilkie 6 7 4 6 7 30 Russell W. Miller 15 13 15 11 12 66 Markham H. Lyons 4 0 2 0 1 7 Blanks 1 1 0 2 0 4 Totals 55 62 52 68 37 274 c%:, 0 (Special State Primary - May 24, 1977) DEMOCRATIC PARTY BALLOT Pr. 4 Pr. 6 Pr. 7 Pr. 8 Pr. 9 Totals SENATOR IN GENERAL COURT 5th MIDDLESEX DISTRICT (TO FILL VACANCY) Carol C. Amick 217 282 367 257 234 1,357 Joseph T. Maguire 30 18 22 38 46 154 Virginia E. Mooney 2 0 1 3 1 7 Markham H. Lyons 0 0 0 0 1 1 Blanks 2 2 2 1 1 8 --- Totals 251 302 392 299 283 1,527 AMERICAN PARTY BALLOT SENATOR IN GENERAL COURT 5th MIDDLESEX DISTRICT (TO FILL VACANCY) Parker Weaver 0 2 1 0 0 3 Blanks 00 0 0 0 0 Totals 0 2 1 0 0 3 A true copy. - 1 Attest: c 7);a,(1.4; Al )6 ! c�c�v)qq Mary R. McDonough, Town Clerk Howard L. Levingston, 358 North Emerson Road, resigned as a Town Meeting Member from Precinct Six effective June 1, 1977. Irving Goldberg, 4 Hathaway Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Six at the March 7, 1977 election, accepted a position as Town Meeting Member from Precinct Six ^' effective June 3, 1977. Mr. Goldberg will fill the vacancy caused by the resigna- tion of Mr. Levingston for a term expiring in March 1978. • -, (WARRANT FOR SPECIAL TOWN ELECTION - SEE WARRANT FILE) SPECIAL TOWN ELECTION JUNE 13, 1977 Due to the resignation of Selectman Howard M. Kassler on April 6, 1977 to become effective on April 15, 1977 at 4:30 P. M. , the Board of Selectmen called for a special election to fill the unexpired term, ending in March 1978, to be held on June 13, 1977. ,— In pursuance of the warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 13, 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Marjorie E. Wirpio Clerk D Lorraine C. Baron R Virginia M. Warner Inspector D Catherine F. Hooper D Margaret M. Potter Inspector R A. Estelle Szalajeski R Barbara M. Collins Inspector D Ann M. Pace Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Carol A. Goldthwait R Dorothy F. LeBert Inspector D Helen C. Rooney D Marguerite A. Cronin Inspector R Mary G. McCauley R Sidney G. Lindsley Inspector D Mary G. Oliver Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector R Gloria D. Colbert D Anne C. Williamson Inspector D Helen M. Hoyle R Winifred C. Ivester Inspector R Harold W. Josephson Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph O. Rooney D Ann M. Baum Clerk R Helen L. Perry R Irene Norcross Inspector D Henry P. Meade D Evelyn T. Lawson Inspector R Margaret S. Wilson D Dorothy A. Shine Inspector D Rita E. Kiley Precinct Nine D Joan H. McDonough Warden R Norma E. Ebbs Clerk D Mary C. Joseph Inspector D Elizabeth F. Downey Inspector R Shirley E. Bullock Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each of the nine precincts at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. (,..- c_, (Special Town Election - June 13, 1977) The total number of registered voters eligible to vote as of May 24, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS One 373 989 715 0 2,077 Two 359 1,112 686 2 2,159 Three 313 837 715 1 1,866 Four 571 945 793 2 2,311 Five 389 966 765 2 2,122 Six 630 835 660 2 2,127 Seven 478 907 746 0 2,131 Eight 472 793 664 0 1,929 Nine 458 884 840 02,182 Totals 4,043 8,268 6,584 9 18,904 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:24 P.M. Precinct Two 8:37 P.M. Precinct Three 8:20 P.M. Precinct Four 8:15 P.M. Precinct Five 8:16 P.M. b Precinct Six 8:36 P.M. Precinct Seven 8:35 P.M. Precinct Eight 8:18 P.M. Precinct Nine 8:25 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 547 voters cast their vote Precinct Two 607 voters cast their vote Precinct Three 438 voters cast their vote Precinct Four 808 voters cast their vote Precinct Five 510 voters cast their vote Precinct Six 750 voters cast their vote Precinct Seven 622 voters cast their vote Precinct Eight 633 voters cast their vote Precinct Nine 525 voters cast their vote Totals 5,440 voters cast their vote 28.7% of the 18,904 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON One 1 1 0 0 0 Two 5 5 0 0 0 Three 6 5 1 0 0 Four 14 14 0 0 0 Five 8 8 0 0 0 Six 7 7 0 0 0 Seven 5 5 0 0 0 Eight 0 0 0 0 0 Nine 44 0 0 0 Totals 50 49 1 0 0 (Special Town Election - June 13, 1977) L^ ` ABSENTEE BALLOT BREAKDOWN (CONT.) REGULAR BALLOTS MAILED APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED One 7 4 1 1 1 Two 7 6 1 0 0 Three 1 0 1 0 0 Four 5 4 0 1 0 Five 2 2 0 0 0 Six 39 35 3 0 1 L Seven 7 3 1 3 0 Eight 2 2 0 0 0 Nine 21 1 0 0 Totals 72 57 8 5 2 TOTALS 122 106 9 5 2 SELECTMAN .. (For an Unexpired Term ending in March 1978) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals James F. Crain 305 295 200 363 228 332 335 380 271 2,709 Robert B. Kent 236 311 238 443 279 417 287 247 254 2,712 ' Blanks 6 1 0 2 3 1 0 6 0 19 Totals 547 607 438 808 510 750 622 633 525 5,440 Robert B. Kent was elected to the unexpired term ending in March 1978. A true copy. Attest: r fi 7 4 in, Al re, Mary R. McDonough, Town Clerk -6 (WARRANT FOR SPECIAL STATE ELECTION - SEE WARRANT FILE) SPECIAL STATE ELECTION JUNE 21, 1977 Due to the resignation of Senator Ronald C. MacKenzie as senator from the Fifth Middlesex Senatorial District, on April 5, 1977 a precept issued by Kevin B. Harrington, President of the Senate, was received. This precept set forth Tuesday, May 24, 1977 as the day for holding a primary, and Tuesday, June 21st, 1977 as the day for holding an election to fill the vacancy now existing in said Fifth Middlesex district, comprising Wards 2, 3 and 4 in the city of _ Waltham and the towns of Bedford, Precincts 2 and 3 of Belmont, Burlington, Carlisle, Chelmsford, Precincts 4, 6, 7, 8 and 9 of Lexington, Lincoln and Wilmington. In pursuance of the warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, June 21, 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct Four, Senior High School; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct Four Precinct Six D Edna F. Marshall Warden D Mary C. Casey R Carol A. Goldthwait Clerk R Caroline P. Johnston D Anne C. Williamson Inspector D Helen M. Hoyle R Mary G. McCauley Inspector R Gloria D. Colbert D Mary G. Oliver Inspector D Margaret M. Potter R Sidney G. Lindsley Inspector R Harold W. Josephson Precinct Seven Precinct Eight R Mary F. Irwin Warden D Joseph O. Rooney D Ann M. Baum Clerk R Helen L. Perry R Elinor M. Vassallo Inspector D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson R Mildred M. Cronin Inspector D Henry P. Meade D Dorothy A. Shine Inspector R Dolores M. Swan Precinct Nine D Joan H. McDonough Warden R Norma E. Ebbs Clerk D Mary C. Joseph Inspector R Virginia M. Warner Inspector D Elizabeth F. Downey Inspector R Agnes Heimlich Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each of the five precincts at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. The total number of registered voters in each of the five precincts eligible to vote as of June 1, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS Four 573 946 794 2 2,315 Six 633 838 662 2 2,135 Seven 476 909 749 0 2,134 Eight 473 793 670 0 1,936 Nine 460 884 842 0 2,186 Totals 2,615 4,370 3,717 4 10,706 1 (Special State Election - June 21, 1977) Recap sheets were delivered to the Town Clerk at her office as follows: Precinct Four 8:12 P. M. Precinct Six 8:32 P. M. Precinct Seven 8:25 P. M. Precinct Eight 8:18 P. M. Precinct Nine 8:20 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: .—. Precinct Four 449 voters cast their vote Precinct Six 517 voters cast their vote Precinct Seven 615 voters cast their vote Precinct Eight 573 voters cast their vote Precinct Nine 472 voters cast their vote Totals 2,626 voters cast their vote 24.5% of the 10,706 registered voters in the five precincts cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON Four 6 6 0 Six 6 5 1 Seven 4 4 0 Eight 5 5 0 Nine 55 0 Totals 26 25 1 REGULAR BALLOTS MAILED 4 Four 6 6 0 0 0 Six 7 3 4 0 0 Seven 6 5 0 0 1 Eight 3 3 0 0 0 Nine 2 2 0 0 0 Totals 24 19 4 0 1 TOTALS 50 44 5 0 1 BALLOTS REJECTED Precinct 4 2 Precinct 7 2 SENATOR IN GENERAL COURT 5th MIDDLESEX DISTRICT (TO FILL VACANCY) Pr. 4 Pr. 6 Pr. 7 Pr. 8 Pr. 9 Totals .._A Carol C. Amick 285 329 439 372 292 1,717 Michael A. Caira 155 184 164 192 172 867 Parker Weaver 5 4 10 4 6 29 -- Blanks 4 0 2 5 2 13 Totals 449 517 615 573 472 2,626 A true copy. Attest: . +AAA. R. r trviAHAlt, Mary R. McDonough, Town Clerk . S JUNE 29, 1977 RECOUNT OF VOTES CAST JUNE 13, 1977 TO FILL THE VACANCY ON THE BOARD OF SELECTMEN (Vacancy caused by the resignation of Howard M. Kassler) Upon receipt of nine recount petitions (one for each precinct) , a recount of the votes cast June 13, 1977 at the Special Town Election to fill the vacancy on the Board of Selectmen, due to the resignation of Howard M. Kassler, was held on Wednesday, June 29, 1977 starting at 10 A.M. and completed at 1:30 P.M. The following were present at the recount: Board of Registrars: Reed Kingston Taylor, Chairman Theldon E. Phinney Mary R. McDonough, Clerk and Town Clerk Election Workers: D Marjorie Modoono R Mildred M. Cronin Agents for: James F. Crain: John R. Campbell James J. McDevitt Robert B. Kent: Robert B. Kent, Jr. Marian C. Reilly Figures on the voting machines in each of the nine precincts were checked and the absentee ballots were counted. Results as follows: Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN James F. Crain 305 295 200 363 228 332 335 380 271 2,709 Robert B. Kent 236 311 238 443 279 417 287 247 254 2,712 Blanks 6 1 0 2 3 1 0 6 0 19 Totals 547 607 438 808 510 750 622 633 525. 5,440 There were no changes in the total figures for each candidate as recorded June 13, 1977. Robert B. Kent was declared the winner to fill the vacancy on the Board of Selectmen for a term expiring in March 1978. A true copy. Attest: „( 776� LiafrnfA14 Mary R. McDonough, Town Clerk �� T Richard E. Bayles, 19 Wyman Road, resigned as a Town Meeting Member from Precinct 7 effective as of October 4, 1977. Myron L. Miller, 46 Eldred Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 7 at the March 7, 1977 Annual Town Election, accepted a position as Town Meeting Member from Precinct 7 as of October 7, 1977. Mr. Miller will fill the vacancy caused by the resignation of Richard E. Bayles for a term expiring in March 1978. I (WARRANT FOR SPECIAL STATE PRIMARIES - SEE WARRANT FILE) SPECIAL STATE PRIMARIES October 4, 1977 On June 21, 1977 Carol C. Amick was elected Senator in General Court for the 5th Middlesex District to fill the vacancy caused by the resignation of Ronald C. MacKenzie. She thereafter resigned as Representative in General Court for the 37th Middlesex District. Speaker of the House of Representatives, Thomas W. McGee, called for a Special Primary to be held October 4, 1977 and a Special Election to be held November 1, 1977 in the 37th Middlesex Representative District (Precincts 7 and 8 in Lexington; Precincts 7 and 10 in Billerica; and all of Bedford) to fill this vacancy. In pursuance of the warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, October 4, r ^ 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the two precincts: Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station. The election officers and Wardens of the two precincts were assigned for duty as follows: Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Norma B. Jervis Clerk D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson D Dorothy A. Shine Inspector R Virginia M. Warner R Agnes Heimlich Inspector D Suzanne H. Spencer R Gloria D. Colbert Inspector D Anne C. Williamson The election officers were sworn to the faithful performance of their duties. The polls were declared open in each of the two precincts at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. The total number of registered voters in each of the two precincts eligible to vote as of September 14, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS Seven 476 966 701 1 2,144 Eight 475 815 648 0 1,938 Totals 951 1,781 1,349 1 4,082 () (Special State Primaries - October 4, 1977. ) Recap sheets were delivered to the Town Clerk at her office as follows: Precinct Seven 8:45 P. M. Precinct Eight 8:35 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: REPUBLICAN'S DEMOCRAT'S AMERICAN'S TOTAL VOTED VOTED VOTED VOTED Precinct Seven 26 137 1 164 .--a Precinct Eight 29 84 0 113 Totals 55 221 1 277 6.7% of the 4,082 eligible registered voters in the two precincts cast their vote. ABSENTEE BALLOT BREAKDOWN PRECINCT APPLICATIONS BALLOTS PROCESSED RETURNED IN PERSON R D R D Seven 2 1 2 1 Eight 0 0 0 0 Totals 2 1 2 1 BALLOTS MAILED Seven 0 1 0 1 Eight 0 0 0 0 --J Totals 0 1 0 1 TOTALS 2 2 2 2 REPUBLICAN PARTY BALLOT REPRESENTATIVE IN GENERAL COURT - 37th MIDDLESEX DISTRICT (TO FILL VACANCY) Prec. 7 Prec. 8 Totals Paula K. Lewellen 26 28 54 Blanks 0 11 Totals 26 29 55 DEMOCRATIC PARTY BALLOT REPRESENTATIVE IN GENERAL COURT - 37th MIDDLESEX DISTRICT (TO FILL VACANCY) Grace T. Erdman 69 55 124 , , Patricia N. Leiby 68 29 97 Blanks 00 0 Totals 137 84 221 AMERICAN PARTY BALLOT REPRESENTATIVE IN GENERAL COURT - 37th MIDDLESEX DISTRICT (TO FILL VACANCY) Blanks 1 0 1 Totals 1 0 1 A true copy. Attest: 4 4G Mary . M RcDonough, Town lerk (WARRANT FOR SPECIAL STATE ELECTION - SEE WARRANT FILE) SPECIAL STATE ELECTION - NOVEMBER 1, 1977 On June 21, 1977 Carol C. Amick was elected Senator in General Court for the 5th Middlesex District to fill the vacancy caused by the resignation of Ronald C. MacKenzie. She thereafter resigned as Representative in General Court for the 37th Middlesex District. Speaker of the House of Representatives, Thomas W. McGee, called for a Special Primary to be held October 4, 1977 and a Special Election to be held November 1, 1977 in the 37th Middlesex Representative District (precincts 7 and 8 in Lexington; -- Precincts 7 and 10 in Billerica; and all of Bedford) to fill this vacancy. In pursuance of the warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 1, 1977 at 7:00 in the forenoon. The following places were designated as the voting places for the two precincts: Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station. The election officers and wardens of the two precincts were assigned for duty as follows: Precinct Seven Precinct Eight R Mary F. Irwin Warden R Helen L. Perry D Ann M. Baum Clerk D Rita E. Kiley R Irene Norcross Inspector R Margaret S. Wilson D Evelyn T. Lawson Inspector D Mary C. Joseph R Josephine S. Siders Inspector R Edith L. Bernardi D Dorothy A. Shine Inspector D Alice A. Coletta The election officers were sworn to the faithful performance of their duties. The polls were declared open in each of the two precincts at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. The total number of registered voters in each of the two precincts eligible to vote as of October 12, 1977 as follows: PRECINCT REPUBLICANS DEMOCRATS INDEPENDENTS AMERICAN TOTALS Seven 475 975 696 1 2,147 Eight 476 820 649 0 1,945 Totals 951 1,795 1,345 1 4,092 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct Seven 8:27 P. M. Precinct Eight 8:20 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct Seven 322 voters cast their vote Precinct Eight 307 voters cast their vote Totals 629 voters cast their vote 15.2% of the 4,092 eligible registered voters in the two precincts cast their vote. ABSENTEE BALLOT BREAKDOWN PRECINCT APPLICATIONS PROCESSED BALLOTS RETURNED IN PERSON Seven 4 4 Eight 1 1 Totals 5 5 1 6-`-':9 (Special State Election - November 1, 1977. ) ABSENTEE BALLOT BREAKDOWN (CONT. ) PRECINCT BALLOTS MAILED BALLOTS RETURNED Seven 1 1 Eight 0 0 Totals 1 1 TOTALS: Applications Processed: 6 Ballots Used: 6 Ballots Rejected: 0 REPRESENTATIVE IN GENERAL COURT 37th MIDDLESEX DISTRICT (To Fill Vacancy) rte.. Prec. 7 Prec. 8 Totals Patricia N. Leiby 152 120 272 Paula K. Lewellen 170 186 356 Blanks 0 1 1 Totals 322 307 629 A true copy. Attest: ( 'ung J1 41444.Ard i f J Mary R. McDonough, Town Clerk Stanley A. Brown, 14 John Poulter Road, resigned as a Town Meeting Member from Precinct 4 effective November 28, 1977. Karsten Sorensen, 1 Vine Brook Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct 4 at the March 7, 1977 Annual Town Election, accepted a position as Town Meeting Member from Precinct 4 as of December 2, 1977. Mr. Sorensen will fill the vacancy caused by the resignation of Stanley A. Brown for a term expiring in March 1978. (WARRANT FOR SPECIAL TOWN MEETING IN WARRANT FILE) SPECIAL TOWN MEETING - DECEMBER 5,. 1977 The meeting was called to order in Cary Memorial Hall at 8:08. P.M. by the Moderator, Lincoln P. Cole, Jr. There were 169 Town Meeting Members present. The invocation was offered by Rev. Ted Ross Peterson of the Church of Our Redeemer. 8:10 P. M. [-- Town warrant for the meeting was read by Mary R. McDonough, Town Clerk, until further reading was waived. 8:12 P. M. The Town Clerk read the Constable's Return of the Warrant. 8:12 P. M. Article 1. Donald B. White, Chairman of the Appropriation Committee, moved that the Report,of the Appropriation Committee be accepted and placed on file. Carried Unanimously. 8:12 P.M. The Moderator stated that Article 1 would remain open throughout the meeting. 8:12 P.M. Article 2. Presented by Manfred P. Friedman. MOTION: That the Town accept Chapter 808 of the Acts of 1975. 8:12 P.M. Mr. Friedman filed the Report of the Planning Board. 8:13 P.M. After giving an explanation, Mr. Friedman stated that the Planning Board unanimously recommends passage of Article 2. 8:18 P.M. Main motion, as presented by Mr. Friedman, declared carried unanimously. 8:20 P.M. Article 3. Presented by Manfred P. Friedman. (App. by MOTION: That Section 10 of the Zoning By-Law of the Town be amended Atty. as set forth in the article. Gen. , 8:20 P.M. Mar. 15, 1978. Mr. Friedman filed the Report of the Planning Board. 8:20 P.M. Posted in Town (Article 3 as set forth in the warrant: Office Bldg. To see if the Town will vote to amend Section 10 of the Zoning By-Law & 9 by: Prec. on 1. Striking the words "General Laws, Chapter 40A, Section 1 to 22 Apr. 4, inclusive" and substituting therefor the words "Section 2A of 1978. ) Chapter 808 of the Acts of 1975" 2. Striking the words "and of General Laws, Chapter 143," r-- 3. Striking the word "materials," or act in any other manner in relation thereto.) Main motion, as presented by Mr. Friedman, declared carried unanimously. 8:22 P.M. 3 - T' � (Special Town Meeting - December 5, 1977. ) Article 4. Presented by Manfred P. Friedman. MOTION: That Section 11 of the Zoning By-Law of the Town be amended as set forth in the motion printed on Page 2 of the Planning Board (App. Reports. The word "with" in the first paragraph is to read "within". by Atty. 8:23 P.M. General, Mar. 15, Mr. Friedman filed the Report of the Planning Board. 8:23 P.M. 1978. Posted Mr. Friedman stated that the Planning Board unanimously recommends the in acceptance of Article 4. 8:25 P.M. Town Office Bldg. (Article 4 as set forth in the motion printed on Page 2 of the Planning & 9 Board Reports with the above correction incorporated: Precincts on MOTION: To amend Section 11 of the Zoning By-Law by: Apr. 4, 1978.) 1. Adding a new paragraph at the end of Section 11 as follows: "If the Building Commissioner is requested in writing to enforce this By-Law against any person allegedly in violation of the same, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request." 2. Renumbering Subsections 11.3 and 11.4 to 11.4 and 11.5 respectively and adding a new Subsection 11.3 as follows: 11.3 "Construction on or use of property under a building permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of six months after the issuance of the building permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.") r a Main motion, as presented by Mr. Friedman, declared carried unanimously. 8:34 P.M. J Article 5. Presented by Manfred P. Friedman. MOTION: That Section 14 of the Zoning By-Law of the Town be amended as set forth in the article. (App. by 8:34 P.M. Atty. General, Mr. Friedman filed the Report of the Planning Board and stated that Mar. 15, the Planning Board unanimously recommends passage of Article 5. 1978. 8:35 P.M. Posted in Town (Article 5 as set forth in the warrant: Office Bldg. To see if the Town will vote to amend the Zoning By-Law by striking & 9 Section 14 and substituting therefor: Prec. on Section 14. All amendments to these By-Laws shall be made in a Apr. 4, manner conforming with Section 5 of Chapter 40 A of the General Laws. 1978.) or act in any other manner in relation thereto. ) Main motion, as presented by Mr. Friedman, declared carried unanimously. ii] 8:37 P.M. (Special Town Meeting - December 5, 1977.) ` -- -• Article 6. Presented by Manfred P. Friedman. MOTION: That Section 40 of the Zoning By-Law of the Town be amended as set forth in the article. (App. 8:37 P.M. by Atty. Mr. Friedman filed the Report of the Planning Board and stated that the General Planning Board unanimously recommends acceptance of Article 6. Mar. 15, 8:37 P.M. 1978. Posted in (Article 6 as set forth in the warrant: Town Office To see if the Town will vote to amend Section 40 of the Zoning By-Law Bldg. as follows by: & 9 Prec. 1. Adding three new definitions as follows: Apr. 4, 1978) SPECIAL PERMIT GRANTING AUTHORITY: The authority empowered to grant special permits, which shall be the Board of Appeals unless some other board is so designated in these By-Laws. SPGA: Special Permit Granting Authority. CLUSTER DEVELOPMENT: A subdivision of land for one family dwellings on lots having reduced area or frontage or both, subject to a special permit issued in accordance with the provisions of Section 33. 2. Striking PLANNED UNIT DEVELOPMENT and its definition. 3. Striking the words "Part 4" in the title of the Section. 4. Striking the title "Section 40" and replacing it with the title "Section 1". • r-- or act in any other manner in relation thereto.) Main motion, as presented by Mr. Friedman, declared carried unanimously. 8:40 P.M. Article 7. Presented by Manfred P. Friedman. MOTION: That Sections 12, 12.1 and 12.2 of the Zoning By-Law of the Town be amended as set forth in the motion printed on Pages 5 and 6 of the Planning Board Reports. The designation "Section 12" in paragraph 3 is to read "12.2". (App. 8:40 P.M. by Atty. Mr. Friedman filed the Report of the Planning Board and stated that the General, Planning Board unanimously supports the acceptance of Article 7. Mar. 15, 8:46 P.M. 1978. Posted in ( (Article 7 as set forth in the motion printed on Pages 5 and 6 of the Town Planning Board Reports with the above correction incorporated: Office Bldg. MOTION: To amend Sections 12, 12.1, and 12.2 of the Zoning By-Law by: & 9 Prec. 1. Striking the second paragraph of Section 12. Apr. 4, 1978) 2. Striking Section 12.1 and substituting therefor: Section 12.1 Appeals - The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A, General Laws, by the regional planning agency in whose area the Town is situated or by any person including an officer or board of the Town, or of any abutting city or town aggrieved by an order or decision of the Building Commissioner, or other admini- strative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. (Special Town Meeting - December 5, 1977.) Article 7. 12.11 Such appeal shall be taken within thirty days from the (Cont.) date of the order or decision being appealed, by filing three copies of a notice of appeal, specifying the grounds therefor, with the Town Clerk. The Town Clerk shall forthwith transmit said copies to the officer or board whose decision is being appealed, and to the Board of Appeals. The Board of Appeals shall hold a hearing on any appeal within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing. 3. Striking Section 12.2 and substituting therefor: Section 12.2 Special Permits - The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this By-Law, subject to any general or specific rules therein contained, and subject to appropriate conditions, safeguards and limitations on time or use. In granting a special permit, the SPGA shall impose such additional conditions and safeguards as furthers the following objectives: To lessen congestion in the streets, to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to facilitate the adequate provision of drainage, parks open space and other public requirements; to encourage housing for persons of all economic levels; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of lands throughout the Town and to preserve and increase amenities. Such special permit may be granted when in the judgment of the SPGA the public welfare and convenience will be substantially served thereby, where a requested permit will not tend to impair the status of the neighborhood, and only for uses which are in harmony with the general purpose and intent of this By-Law. 12.21 At the time of filing the applicant shall file one copy with the Town Clerk and six copies with the Special Permit Granting Authority which shall forthwith deliver copies to the Planning Board, Board of Selectmen, Conservation Commission, Board of Health and Town Engineering Department. The SPGA shall hold a hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, and shall render its decision within 90 days of said hearing. 12.22 Construction on or use of property under a special permit shall conform to any subsequent amendment of this By-Law unless the use of construction is commenced within six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. A special permit shall lapse two years from the granting thereof or such shorter time as specified in said permit if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause, but such period shall be extended by the time required to pursue or await determination of an appeal.) Harry A. Hall, III moved to amend the motion by striking the words "as furthers the following objectives" and substituting therefor the words "including but not limited to the following objectives". 8:58 P.M. The Planning Board, as stated by Mr. Friedman, has no objections to this amendment. 8:59 P.M. Alfred S. Busa moved to table Article 7. 9:05 P.M. Motion to table Article 7, as moved by Selectman, Alfred S. Busa, declared lost by voice vote. 9:05 P.M. Mr. Hall's motion to amend Article 7 declared lost by voice vote. 9:09 P.M. Main motion, as presented by Mr. Friedman, declared carried unanimously. 9:10 P.M. - ---- -�-- ------- -- -r - - --- - (Special Town Meeting - December 5, 1977. ) 237 i ; :k:�=� s. •Z1 :�ji. Article 8. Presented by Albert P. Zabin. MOTION: That Section 12.3 of the Zoning By-Law of the Town be amended as set forth in the article. The word "appellant" in Section 12.3 is to read "applicant". 9:10 P.M. (See Mr. Zabin filed the Report of the Planning Board. 9:10 P.M. also Pages (Article 8 as set forth in the warrant with the necessary correction 261 & incorporated: 262) To see if the Town will amend the Zoning By-Law by striking Section 12. 3 and substituting therefor the following: Section 12.3 Variances - The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law provided however that the Board of Appeals shall not grant a use variance. The Board of Appeals may grant a. variance if it specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, provided that said variance may be granted without sub- stantial detriment to the public good and without nullifying or sub- stantially derogating from the intent or purpose of this By-Law. The Board of Appeals may impose conditions, safeguards and limitations both of time and of use. 12. 31 Requests for a variance shall be made by filing two copies with the Board of Appeals and one copy with the Town Clerk; the Board of Appeals shall forthwith transmit one copy to the Planning Board. The Board of Appeals shall hold a hearing on any request for a variance within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing of the application. 12.32 If the rights authorized by a variance are not exercised within one year of the date of the grant thereof, they shall lapse, and may be reestablished only after due notice and public hearing as provided in Chapter 40A, General Laws. or act in any other manner in relation thereto. ) Mr. Zabin gave an explanation of the article. 9:20 P.M. Article 1. William J. Scouler moved that the Report of the Board of Appeals on its position on the Zoning Articles 8, 10, 11 and 13 be accepted and placed on file. Motion adopted. 9:20 P.M. Article 8.William J. Scouler moved that the motion be amended under Section 12.3 (Cont.) Variances - by striking the words "provided however that the Board of Appeals shall not grant a use variance" in lines 3 and 4 and substituting therefor the words "including use variances" c-- and further that the word "or" after the word "shape" in line 6 be stricken and a comma substituted therefore and that a comma and the words "or use" be inserted after the word "topography" so that Article 8, Section 12.3 Variances will read as follows: Section 12.3 Variances - The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law including use variances. The Board of Appeals may grant a variance if it specifically finds that owing to circumstances relating to the soil conditions, shape, topo- graphy or uses of such land or structures and especially affecting such land or structures but not affecting generally the zoning district _' (Special Town Meeting - December 5, 1977.) .fir 238 Article 8. in which it is located, a literal enforcement of the provisions of the (Cont. ) By-Law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, provided that said variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The Board of Appeals may impose conditions, safeguards and limitations both of time and of use. 9:23 P.M. At Mr. Scouler's request, George P. Wadsworth, Chairman of the Board of Appeals, spoke from the balcony in favor of this amendment to the original motion. 9:33 P.M. Mr. Scouler moved to amend his amendment by striking the comma after the word "shape" in line 6 and the word "or" be substituted therefor --- and to strike the words "or uses" after the word "topography". 9:33 P.M. Mr. Scouler's amendment to his amendment was adopted by voice vote. 9:34 P.M. The amended amendment now reads: MOTION: That the motion be amended under Section 12. 3 Variances - by striking the words "provided however that the Board of Appeals shall not (Amended grant a use variance" in lines 3 and 4 and substituting therefor the amend- words "including use variances" ment.) so that Article 8, Section 12.3 Variances will read as follows: Section 12.3 Variances - The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law including use variances. The Board of Appeals may grant a variance if it specifically finds that owing to circumstances relating to the soil conditions, shape or topo- graphy of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, provided that said variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The Board of Appeals may impose conditions, safeguards and limitations both of time and of use. Margery M. Battin, Chairman, stated that a majority of the Board of Selectmen supported Mr. Scouler's amendment. 9:52 P.M. Voice vote on Mr. Scouler's amended amendment was doubted, so a standing vote was taken as follows: PRECINCT IN FAVOR TELLERS OPPOSED 1 10 Patricia K. Hagedorn 6 2 12 Lillian T. MacArthur 7 3 4 Gloria V. Holland 13 4 4 Joseph O. Rooney 11 5 7 Guy W. Doran 9 6 1 Frank B. Stille 12 8 12 Ione D. Garing 4 9 5 Gordon E. Barnes, Jr. 6 At Large 14 Edward E. Furash 7 7 4 Alice M. Pierce 12 Totals 73 87 Mr. Scouler's amended amendment was not adopted. 9:56 P.M. Voice vote on the main motion, as presented by Mr. Zabin, was not unanimous, so a standing vote taken as follows: (Special Town Meeting - December 5, 1977. ) M 239 Article 8. PRECINCT IN FAVOR TELLERS OPPOSED (Cont.) 1 6 Patricia K. Hagedorn 10 2 10 Lillian T. MacArthur 10 3 17 Gloria V. Holland 0 4 12 Joseph 0. Rooney 3 5 9 Guy W. Doran 7 6 13 Frank B. Stille 0 7 15 Alice M. Pierce 1 8 6 Ione D. Garing 10 9 7 Gordon E. Barnes, Jr. 4 At Large 10 Edward E. Furash 10 (_ Totals 105 55 Less than the required two-thirds having voted in favor, the main motion, as presented by Mr. Zabin, is not adopted. 10 P.M. Albert P. Zabin served notice of reconsideration of Article 8. 10 P.M. Article 9. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended by establishing a new Section 2 as set forth in the article. The first sentence of (App. Section 2 (2) is to read: "By a covenant running with the land, executed by and duly recorded by the owner of record, whereby the conditions and Atty. safeguards included in such special permit shall be performed before General, any lot may be conveyed other than by mortgage deed." Mar. 15, 10:01 P.M. 1978. Posted Mr. Friedman filed the Report of the Planning Board and stated that the in Planning Board unanimously recommends passage of Article 9. Town 10:02 P.M. Office Bldg. (Article 9 as set forth in the warrant with the above correction & 9 incorporated: Prec. Apr. 4, To see if the Town will amend the Zoning By-Law by establishing a new 1978) Section 2 as follows: Section 2. The Special Permit Granting Authority, as a condition of granting a special permit may require that the performance of the conditions and observance of the safeguards of such special permit be secured by one, or in part by one and in part by the other, of the methods described in the following clauses (1) and (2) . The SPGA shall administer this securing of performance. (1) By a proper bond or a deposit of money or negotiable securities or letter of credit, sufficient in the opinion of the SPGA to secure performance of the conditions and observance of the safeguards of such special permit. (2) By a covenant running with the land, executed and duly recorded by the owner of record, whereby the conditions and safeguards included in such special permit shall be performed before any lot may be conveyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of the entire parcel of land, the development of which is governed by the special permit. 2.1 Until completion of the development the penal sum of any deposit or security held under clause one (1) above may from time to time be reduced by the SPGA by an amount not to exceed 85% of the value of work originally estimated. 2.2 Upon the completion of the development or upon performance of the conditions and safeguards imposed by such special permit, security for the performance of which was given, the applicant shall send by registered mail to the SPGA an affidavit that the conditions and safeguards in connection with which such security has been given have been complied with. If the SPGA determines that the conditions and safeguards of the special permit have 4,,t4'4. (Special Town Meeting - December 5, 1977. ) 240 Article 9. been complied with, it shall release the interest of the Town in such (Cont. ) security, return or release the security to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged. If the SPGA determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify the conditions or safeguards with which the applicant has not complied in a notice sent by registered or certified mail, to the applicant. If the SPGA fails to send such a notice within sixty days after it receives the applicant affidavit, all obligations under the security shall cease and terminate, any deposit shall be returned and any such covenant become void. Upon failure of the applicant to complete such work to the satisfaction of the SPGA and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay. or act in any other manner in relation thereto. ) Main motion, as presented by Mr. Friedman, declared carried unanimously. 10:02 P.M. Article 10. Manfred P. Friedman moved that Article 10 be taken up after Article 14. Carried Unanimously. 10:02 P.M. (See Pages 263-271. For adopted motion: See Pages 269-271. ) Article 11. Presented by Manfred P. Friedman. (App. by MOTION: That Section 30.3 of the Zoning By-Law of the Town be amended Atty.Gen. as set forth in the motion printed on page 16 of the Planning Board Mar. 15, Reports. 1978. 10:03 P.M. li] Posted: Tn. Off. Mr. Friedman filed the Report of the Planning Board and stated that Bldg. the Planning Board unanimously recommends acceptance of Article 11. _.& 9 10:03 P.M. Prec. Apr. 4, (Motion under Article 11 as set forth in the motion printed on page 1978) 16 of the Planning Board Reports: MOTION: That Section 30 of the Zoning By-Law of the Town of Lexington be amended as follows: 30.3 A lawfully existing, non-conforming one- or two-family dwelling (Motion or accessory buildings thereto may be extended or enlarged in accordance as with the provisions of Section 11.2 of this By-Law provided such adopted) extension or enlargement does not increase the non-conformity and does not violate any dimensional controls applicable at the time of the approval for such extension or enlargement. Any other lawfully existing non-conforming building shall not be extended or enlarged except with a variance granted by the Board of Appeals under the provision of Section 12.3 of this By-Law, and provided the Board of Appeals finds that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming building.) William J. Scouler served notice of reconsideration of his amended amendment under Article 8. 10:08 P.M. Article 11. Allen Lee Whitman, Jr. moved that the Planning Board Motion under (Cont.) Article 11 be amended by striking the word "non-conformity" in line 4 and substituting the words "area of the dwelling more than 25% of the present foundation area during the life of the non-conformity" and substitute the words "special permit" for "variance" so that the motion now reads as follows: (Special Town Meeting - December 5, 1977. ) Aims:. 241 Article 11. Section 30.3 A lawfully existing, non-conforming one- or two-family (Cont. ) dwelling or accessory buildings thereto may be extended or enlarged in accordance with the provisions of Section 11.2 of this By-Law provided such extension or enlargement does not increase the area of the dwelling more than 25% of the present foundation area during the life of the non-conformity and does not violate any dimensional controls applicable at the time of the approval for such extension or enlarge- ment. Any other lawfully existing non-conforming building shall not be extended or enlarged except with a special permit granted by the Board of Appeals under the provision of Section 12.3 of this By-Law, and provided the Board of Appeals finds that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming building. 10:11 P.M. L (See Allen Lee Whitman, Jr. moved to lay Article 11 on the table which Page was declared carried unanimously. 10:20 P. M. 250) Article 12. Presented by Eric T. Clarke. MOTION: That Section 38 of the Zoning By-Law of the Town be amended by striking it out and substituting therefor a new section 38 as set forth in the motion printed on pages 18 to 24 of the Planning Board (See Reports beginning with the fourth line on page 18 and ending on the Pages 29 line on page 24. The words "planned unit development" wherever 245 - they appear are to read "multi-dwelling". 249 10:20 P.M. for motion Mr. Clarke filed the Report of the Planning Board and stated that the as Planning Board recommends the adoption of the revised version of adopted) Section 38 as proposed in the motion under Article 12. 10:20 P.M. (Motion as set forth in the motion printed on pages 18 to 24 of the (Art. 12 Planning Board Reports beginning with the fourth line on page 18 and App. by ending on the 29 line on page 24 with the above correction incorpor- Atty. ated: General Mar. 15, MOTION: That Section 38 of the Zoning By-Law be amended by striking 1978. it out and substituting therefor the following: Posted: Town SECTION 38: Multi-Dwelling District - RD Office Bldg. 38.11 General Objectives. The RD District is intended to allow & 9 greater flexibility in land use planning for the development of Prec. tracts of land in terms of density, preservation of open spaces, Apr. 4, utilization of natural features, provision of municipal services and 1978) providing a variety of housing types and styles; to ensure that site development plans will be presented to the Town Meeting in connection with a proposal to rezone a tract of land to RD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. 38.12 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RD districts contained within the geographical limits of the RS district, as defined in Subsection 22.2 shall be the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those [-- of the RO districts. 38.13 Any development permitted in an RD district shall comply with the Schedule of Dimensional Controls for RD districts set out in section 27 of the By-Law. Interior drives within an RD development shall be designed to such street standards as the Planning Board may require in accordance with its Rules and Regulations governing the subdivision of land. 38.14 Compliance with Other Rules and Regulations. Nothing contained herein shall in any way exempt a proposed sub- division in an RD district from compliance with the rules and regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, 31K (Special Town Meeting - December 5, 1977.) 242 Article 12. with or without modifications, or disapprove a subdivision plan in (Cont. ) accordance with the provisions of such rules and regulations and of the subdivision control law. 38.15 Town Meeting Presentation. Every proposal presented to the Town Meeting for rezoning land to an RD zone shall include a site development plan which shall show in a general manner, drawn to scale, the proposed locations, types and floor plans for proposed building and other structures, proposed locations, design and dimensions of streets, drives, parking areas and other paved areas, the proposed grading, drainage system, and location of major utilities in the development, and the open space. The site develop- ment plan shall show the proposed dwelling unit density, total floor area and the extent of open space or shall be accompanied by a tabu- lation of the same. A copy of the site development plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk before the vote and shall be part of the site development plan. 38.16 There shall be provided at least 1 1/2 parking spaces per dwelling unit, located in parking lots or in garages or under or within buildings which contain dwelling units. 38.17 Permissible housing types include all single and multiple- occupancy housing types used for human occupancy. Any type of ownership may be permitted. The site development plan may also include non-residential uses which will serve primarily the inhabitants of such multi-dwelling development provided such non-residential uses will enhance the character, amenities and convenience of those who will live in the multi-dwelling development. 38.18 At least 25 percent of the total area or two acres of such tract, whichever is greater, shall, except as provided below, remain unbuilt upon and set aside for conservation, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition -' to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may _1 be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners within such tract, or to a non-profit organization the principal purpose of which is the conservation of open space. Such open land shall be included in the total tract area for the purpose of computing dwelling unit density of the tract. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to insure its perpetual use as conservation, recreation or park land or buffer area. A maximum of 20 percent of such open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land. 38.19 Planning Board Report. The Planning Board, in its report to the Town Meeting, required by law, shall include its opinion of whether or not the proponent has prepared sufficient data to give reasonable assurance that the development will conform to the site development plan with respect to the location, layout and design of proposed buildings, drives, and streets, to the density, type and design of floor plans and dwelling units, and with respect to the ` anticipated selling price or rental (as the case may be) , if in- cluded in the presentation to Town Meeting. --� 38.2 Application Requirements. The application to the Board of Appeals for a special permit under this section shall be accompanied by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 38.21 Plan of the tract showing topography, soil culture, existing streets and structures within and contiguous to the tract. 38.22 Where a subdivision of land is involved, a preliminary sub- division plan, which may be combined with the plan required under the preceding paragraph. (Special Town Meeting - December 5, 1977. ) ix 243 Article 12. 38.23 Site development plans showing the proposed grading of the (Cont.) tract and the proposed locations, dimensions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 38.24 Preliminary architectural drawings for building plans in- cluding typical floor plans, elevations and sections. 38.25 A tabulation of proposed buildings by type, size (number of rooms, floor area) , ground coverage and summary showing the percentages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the amount of open space. 38.26 An order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary. 38.3 Planning Board Report and Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 38.31 A general description of the tract in question and surrounding areas. 38.32 An evaluation of the probable impact of the proposed development on Town services and facilities. 38.33 A review of the proposed development, including such aspects as the type or style of buildings, the size of development (number of dwelling units) and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 38.34 An opinion of the Planning Board whether the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 38.35 A statement that the developer's plans comply with the Design Standards of the Planning Board's Rules and Regulations Governing the Subdivision of Land. Wherever such plans do not comply, the Planning Board's report shall state. In granting a special permit, the Board of Appeals may rely upon the Planning Board's statement that the developer's plans comply with such Design Standards. 38. 36 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 38.37 New Site Development Plans. In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site development plans presented [I- at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall first be presented to and receive the approval of the Town Meeting by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals. 38.38 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for RD district development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. .:� .: (Special Town Meeting - December 5, 1977.) 244 Article 12. 38.4 Special Permit Provisions. The Board of Appeals may grant a (Cont. ) special permit for the development of any tract of land in an RD district, based on a determination that the proposed development will be consistent with the development as approved by the Town Meeting and consistent with the general objectives of the RD District development, and subject to the following standards: 38.41 The special permit shall incorporate by reference building design and site development plans presented to the Town Meeting. The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to the Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. The Board of Appeals shall not authorize any non-residential use other than shown in the site plan presented to Town Meeting. In no event shall dwelling unit density exceed nine units per acre. 38.42 The Board of Appeals may require dwelling unit density to be less than that shown on the site development plans presented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of the usable open space. The Board may permit an increase in the number of dwelling units and floor area by as much as 25% over that shown on the site development plan approved by the Town Meeting due solely to the addition of low and moderate income housing, as de- fined in Section 36 of this By-Law if the possibility of such in- crease is presented at Town Meeting. In such case, the applicant shall provide to the Board sufficient evidence of appropriate financing for such low and moderate income dwelling units. 38.43 The Board of Appeals may permit the construction and use of facilities such as a community center or recreation center, in- cluding without limitation swimming and tennis facilities, primarily for the use of residents of the tract, if the Board determines that the inclusion of such facilities would be appropriate by reason of such factors as the size of the tract, the number of its residents and its geographical location. 38.44 In granting a special permit, the Board of Appeals shall impose as a condition thereof that the installation of municipal services and construction of interior drives within the RD develop- ment shall comply with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of Land; and may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of the date of the special permit, unless the Board of Appeals upon application extends this time. 38.5 Amendment and Revision of Special Permit. The Board of Appeals upon application by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out. 38.51 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this section and where applicable, the approval of a definitive subdivision plan by the I Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accord- ance with the submission accompanying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. The developer shall notify in advance the Board of Appeals of any such revision. If the Board of Appeals determines such revisions not to be minor it shall order a hearing pursuant to Section 38.5, hereof. 38.6 Denial of Special Permit. The Board of Appeals may deny an application for special permit hereunder and base its denial upon: (Special Town Meeting - December 5, 1977.) *Mg 245 Article 12. 38.61 A failure to meet the standards established by Section 38 of (Cont.) this By-Law. 38.62 A finding that the proposed development would not be con- sistent with the general objectives of RD district development. 38.63 A finding that the proposed development does not sub- stantially conform to the plans for the development of the tract presented to the Town Meeting in connection with the proposed rezoning of the tract to RD.) John F. Downey, Jr. moved to amend Article 12 by striking the last sentence of 38.17. 10:30 P.M. Eric T. Clarke urged defeat of Mr. Downey's amendment. 10:32 P.M. Mr. Downey's motion to amend Article 12 was declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Patricia K. Hagedorn 10 2 6 Lillian T. MacArthur 14 3 12 Gloria V. Holland 4 4 0 Joseph O. Rooney 16 5 9 Guy W. Doran 7 6 6 Frank B. Stille 6 7 0 Alice M. Pierce 17 8 12 Ione D. Garing 3 9 6 Gordon E. Barnes, Jr. 4 At Large 0 Edward E. Furash 20 Totals 55 101 Mr. Downey's motion to amend Article 12 was not adopted. 10:38 P.M. [17 Myron L. Miller moved that Section 38.43 be amended by striking the words "without limitation" and substituting therefor "but not limited to" . 10:40 P.M. Mr. Clarke stated that the Planning Board is in agreement with this amendment. 10:40 P.M. Mr. Miller's motion to amend is adopted by voice vote. 10:40 P.M. Richard A. Michelson moved to amend 38.18 by eliminating words "or to a non-profit organization the principal purpose of which is the conservation of open space." 10:48 P.M. Mr. Michelson's amendment declared lost by voice vote. 10:55 P.M. John McWeeney moved to amend Section 38.41 by adding at the end the words "including any bonus under Section 38.42." 10:57 P.M. Eric T. Clarke stated that the Planning Board had no objections to this amendment. 10:58 P.M. Mr. McWeeney's motion to amend declared carried by voice vote. 10:58 P.M. Main motion presented by Mr. Clarke and amended by Mr. Miller and Mr. McWeeney declared carried unanimously. 10:58 P.M. (Main motion under Article 12, as amended, as adopted reads as follows: (Art. MOTION: That Section 38 of the Zoning By-Law be amended by striking 12 as it out and substituting therefor the following: adopted) SECTION 38: Multi-Dwelling District - RD 38.11 General Objectives. The RD District is intended to allow greater flexibility in land use planning for the development of tracts of land in terms of density, preservation of open spaces, utilization of natural features, provision of municipal services and providing a variety of housing types and styles; to ensure that site development (Special Town Meeting - December 5, 1977.) 246 Article 12. plans will be presented to the Town Meeting in connection with a pro- (Cont.) posal to rezone a tract of land to RD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. 38.12 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RD districts contained within the geograph- (As ical limits of the RS district, as defined in Subsection 22.2 shall be adopted) the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those of the RO districts. 38.13 Any development permitted in an RD district shall comply with the Schedule of Dimensional Controls for RD districts set out in section 27 of the By-Law. Interior drives within an RD development (Art. 12 shall be designed to such street standards as the Planning Board may App. by require in accordance with its Rules and Regulations governing the Att. Gen. subdivision of land. Mar. 15, 1978. 38.14 Compliance with Other Rules and Regulations. Posted: Nothing contained herein shall in any way exempt a proposed subdivi- Town Off. sion in an RD district from compliance with the rules and regulations Building, of the Planning Board, nor shall it in any way affect the right of Apr. 4, the Board of Health and of the Planning Board to approve, with or 1978) without modifications, or disapprove a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivi- sion control_ law. 38.15 Town Meeting Presentation. Every proposal presented to the Town Meeting for rezoning land to an RD zone shall include a site development plan which shall show in a general manner, drawn to scale, the proposed locations, types and floor plans for proposed building and other structures, proposed locations, design and dimensions of streets, drives, parking areas and other paved areas, the proposed grading, drainage system, and location of major utilities in the development, and the open space. The site development plan shall show the proposed dwelling unit density, total floor area and the extent of open space or shall be accompanied by a tabulation of the same. A copy of the site development plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk before the vote and shall be part of the site development plan. 38.16 There shall be provided at least 1 1/2 parking spaces per dwelling unit, located in parking lots or in garages or under or within buildings which contain dwelling units. 38.17 Permissible housing types include all single and multiple- occupancy housing types used for human occupancy. Any type of ownership may be permitted. The site development plan may also include non-residential uses which will serve primarily the in- habitants of such multi-dwelling development provided such non- residential uses will enhance the character, amenities and con- venience of those who will live in the multi-dwelling development. 38.18 At least 25 percent of the total area or two acres of such tract, whichever is greater, shall, except as provided below, remain unbuilt upon and set aside for conservatign, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners withinLi] such tract, or to a non-profit organization the principal purpose of which is the conservation of open space. Such open land shall be in- cluded in the total tract area for the purpose of computing dwelling unit density of the tract. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to insure its perpetual use as conservation, recreation or park land or buffer area. A maximum of 20 percent of such open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land. (Special Town Meeting - December 5, 1977.) T Article 12. 38.19 Planning Board Report. The Planning Board, in its report to (Cont. ) the Town Meeting, required by law, shall include its opinion of whether or not the proponent has prepared sufficient data to give reasonable assurance that the development will conform to the site development plan with respect to the location, layout and design of proposed buildings, drives, and streets, to the density, type and design of floor plans and dwelling units, and with respect to the anticipated selling price or rental (as the case may be) , if in- (As cluded in the presentation to Town Meeting. adopted) 38.2 Application Requirements. The application to the Board of Appeals for a special permit under this section shall be accompanied r-- by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 38.21 Plan of the tract showing topography, soil culture, existing streets and structures within and contiguous to the tract. 38.22 Where a subdivision of land is involved, a preliminary sub- division plan, which may be combined with the plan required under the preceding paragraph. 38.23 Site development plans showing the proposed grading of the tract and the proposed locations, dimensions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 38.24 Preliminary architectural drawings for building plans in- cluding typical floor plans, elevations and sections. 38.25 A tabulation of proposed buildings by type, size (number of rooms, floor area) , ground coverage and summary showing the percent- ages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the amount of open space. r-- 38.26 An order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws or a determination by) the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary. 38.3 Planning Board Report and Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 38.31 A general description of the tract in question and surrounding areas. 38.32 An evaluation of the probable impact of the proposed develop- ment on Town services and facilities. 38.33 A review of the proposed development, including such aspects as the type or style of buildings, the size of development (number of dwelling units) and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 38.34 An opinion of the Planning Board whether the site, the pro- .®, posed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 38.35 A statement that the developer's plans comply with the Design Standards of the Planning Board's Rules and Regulations Governing the Subdivision of Land. Wherever such plans do not comply, the Planning Board's report shall state. In granting a special permit, the Board of Appeals may rely upon the Planning Board's statement that the developer's plans comply with such Design Standards. 1 (Special Town Meeting - December 5, 1977. ) Article 12. 38.36 Recommendations for the granting or denial of the special (Cont.) permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 38.37 New Site Development Plans. In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are sub- stantially different from the site development plans presented at the (As time the Town Meeting voted to include such land in the RD District, adopted) such different site development plans shall first be presented to and receive the approval of the Town Meeting by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals. 38.38 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for RD district development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 38.4 Special Permit Provisions. The Board of Appeals may grant a special permit for the development of any tract of land in an RD district, based on a determination that the proposed development will be consistent with the development as approved by the Town Meeting and consistent with the general objectives of the RD District development, and subject to the following standards: 38.41 The special permit shall incorporate by reference building design and site development plans presented to the Town Meeting. The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to the Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. The Board of Appeals shall not authorize any non-residential use other than shown in the site plan presented to Town Meeting. In no event shall dwelling unit density exceed nine units per acre including any bonus under Section 38.42. 38.42 The Board of Appeals may require dwelling unit density to be less than that shown on the site development plans presented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of the usable open space. The Board may permit an increase in the number of dwelling units and floor area by as much as 25% over that shown on the site development plan approved by the Town Meeting due solely to the addition of low and moderate income housing, as defined in Section 36 of this By-Law if the possibility of such increase is presented at Town Meeting. In such case, the applicant shall provide to the Board sufficient evidence of appropriate financing for such low and moderate income dwelling units. 38.43 The Board of Appeals may permit the construction and use of facilities such as a community center or recreation center, in- cluding but not limited to swimming and tennis facilities, primarily for the use of residents of the tract, if the Board determines that the inclusion of such facilities would be appropriate by reason of such factors as the size of the tract, the number of its residents and its geographical location. 38.44 In granting a special permit, the Board of Appeals shall impose as a condition thereof that the installation of municipal services and construction of interior drives within the RD develop- ment shall comply with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of Land; and may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of the date of the (Special Town Meeting - December 5, 1977.) Article 12. special permit, unless the Board of Appeals upon application (Cont. ) extends this time. 38.5 Amendment and Revision of Special Permit. The Board of Appeals upon application by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out. 38.51 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this section and where applicable, the approval of a definitive subdivision plan by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accordance with the submission accompanying the developer's appli- cation for a special permit, except as modified by the decision of the Board of Appeals. The developer shall notify in advance the Board of Appeals of any such revision. If the Board of Appeals determines such revisions not to be minor it shall order a hearing pursuant to Section 38.5, hereof. 38.6 Denial of Special Permit. The Board of Appeals may deny an application for special permit hereunder and base its denial upon: 38.61 A failure to meet the standards established by Section 38 of this By-Law. 38.62 A finding that the proposed development would not be con- sistent with the general objectives of RD district development. 38.63 A finding that the proposed development does not substantially conform to the plans for the development of the tract presented to the Town Meeting in connection with the proposed rezoning of the tract to RD. '-' Main motion, as presented by Eric T. Clarke, and as amended by Mr. Miller and Mr. McWeeney, declared carried unanimously. 10:58 P.M. ) Margery M. Battin moved that the meeting be adjourned to Wednesday, December 7, 1977 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:59 P.M. A true copy. Attest: >Y1, oq.„61, Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE SPECIAL TOWN MEETING - DECEMBER 7, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:10 P.M. in Cary Memorial Hall. There were 159 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of Our Redeemer. 8:11 P.M. Manfred P. Friedman moved that Article 11 be taken off the table. Carried Unanimously. 8:13 P.M. Article 11. Manfred P. Friedman moved, for Allen Lee Whitman, Jr. who was absent, that Mr. Whitman's motion to amend Article 11 (as presented at the December 5, 1977 Special Town Meeting) be withdrawn. 8:13 P.M. (See Page The Moderator asked if there were any objections, and as there were no 240) objections, he stated that Mr. Whitman's motion was withdrawn. 8:13 P.M. Mr. Friedman gives a short explanation of Article 11. Main motion, as presented by Mr. Friedman at the December 5, 1977 Special Town Meeting (Page 240) , declared carried unanimously. 8:14 P.M. Manfred P. Friedman moved that Articles 23, 24 and 25 be taken up out of order at this time. Before the Moderator had time to declare that the motion did not prevail, by voice vote, Eric Clarke moved for reconsideration of this motion. Mr. Clarke stated that Stephen T. Russian, the presenter of the motions under these three articles, would be out of the country next week and would like to have the motions presented this evening. 8:17 P.M. Mr. Clarke's motion to reconsider Mr. Friedman's motion declared carried by „r voice vote. 8:17 P.M. Mr. Friedman's motion that Articles 23, 24 and 25 be taken up out of order at this time declared carried by voice vote. 8:17 P.M. Article 23. Manfred P. Friedman introduces Stephen T. Russian who in turn asks Ronald W. Colwell, Town Meeting Member from Precinct 9, to present Article 23 for him. Ronald W. Colwell moved that the motion under Article 23, as it appeared in the form in the hands of the Town Meeting Members, be placed before the Town Meeting without being read. There were no objections. 8:21 P.M. (Motion under Article 23 as it appeared in the form in the hands of the Town Meeting Members as follows: MOTION: That the Town vote to amend the Zoning By-Law by adding thereto a new Section 40 as follows: SECTION 40 CONTROLLED COMMERCIAL DISTRICT--CD 40.11 General Objectives. The CD District is intended to allow greater flexibility in land use planning for the development of tracts of land, in terms of density, preservation of open spaces, utilization of natural features, provision of municipal services and providing an appropriate site for uses per- mitted in CG, CR, CM and CH Districts; to insure that site development plans will be presented to the Town Meeting in connection with a pro- posal to rezone a tract of land to CD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. (Adj. Session of the Special Town Meeting - December 7, 1977.) Article 23. 40.12 Town Meeting Presentation. (Cont.) The site development plans presented to the Town Meeting for the pro- posed development shall show in a general manner, but drawn to scale, the proposed locations, types, floor plans and designs for proposed buildings, accessory structures, drives, parking areas, exterior lighting plans, the proposed grading, bodies of water, brooks, streams, drainage system and the proposed location of open space. The said plans shall show the proposed use and density of building and the extent of open space. The site development plan shall show minimum set backs from all boundaries and the amount of parking to be provided. A copy of the said plans shall be filed with the Town Clerk prior to the presentation to the Town Meeting. 40.13 Changes in Use. Changes in use or substantial changes in the site plan approved by Town Meeting may be made only by presentation of a new plan for approval by Town Meeting and issuance of a new proposal permitted by the Board of Appeals. 40.2 Special Permit Provisions. After approval of the plans by Town Meeting, the Board of Appeals may grant a special permit for the development of any tract of land in a CD District, subject to the following standards: 40.21 The special permit shall incorporate by reference building design and site development plans filed by the developer, together with its application for a special permit and such plans shall conform substan- tially to the plans approved by the Town Meeting. The Board of Appeals may, in its discretion, permit minor deviations from the plans presented to the Town Meeting, provided however, that the Board shall not permit any change in use or any increase in the building or change in the parking area as presented to the Town Meeting in excess of ten (10%) percent of the floor area of the building or accessory structures or of the parking area as proposed but in no event shall the ten (10%) percent variation violate the minimum set back specified in site development plan. 40.3 Amendment of Special Permit. The Board of Appeals, upon application of the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set forth. 40.4 Application Requirements. The application to the Board of Appeals for a special permit under this Section shall be accompanied by the plan showing the parcel involved, its topography, soil culture, proposed location, dimensions, materials and type of construction of drives, parking areas, exterior lighting plans, exterior signs, open space, planting, screening, landscaping and other improvements and the location and outlines of proposed buildings and accessory buildings and such conditions as may have been attached to the proposed development by the Conservation Commission. It shall also contain preliminary architectural drawings for the building plans, including typical floor plans, elevations and sections. Copies of the aforesaid plans shall be submitted to the Planning Board, Board of Health, Town Engineer and Conservation Commission acting under Article XXXIII of the Town's General By-Laws. 40.5 Planning Board Report and Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 40.51 A general description of the tract in question and surrounding areas. 40.52 An evaluation of the probable impact of the proposed development on Town services and facilities. 1 (Adj. Session of the Special Town Meeting - December 7, 1977. ) Article 23. 40.53 A review of the proposed development, including such aspects as (Cont.) the type or style of buildings, the size of development and density per acre, the arrangement or layout design of buildings and site improve- ments, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 40.54 An opinion of the Planning Board whether the site, the proposed development layout, the proposed development will constitute a suitable development compatible with the surrounding area. 40.55 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or require- ments to be imposed as a condition for granting the special permit. 40.6 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for CD District development until the above boards or agencies shall have submitted their written recommendations to the Board of Appeals or thirty-five (35) days have elapsed from the date of .sub- mission of the application. Where its decision differs from the recommendation of the above boards or agencies, the Board of Appeals shall state in its decision the reasons therefor. 40.7 Denial of Special Permit. The Board of Appeals may deny an application for a special permit here- under and base its denial upon a finding that the proposed development does not substantially conform to the plans for the development of the tract approved by the Town Meeting in connection with the proposed rezoning of the tract to CD or the plans do not conform to the standards established under Section 13.3. If the denial is made by the Board of Appeals, as provided herein, and unless a new petition is filed within 180 days of the denial of the Board of Appeals and the subsequent peti- tion is approved, then the rezoning of the affected parcel in the CD r--� Zone shall become null and void and the affected parcel shall once again revert into the zoning district in which it existed prior to the Town Meeting action. 40.71 Land Uses in CD Zone in the Absence or Lapse of Special Permit. In the absence of a special permit or where a special permit has been granted by the Board of Appeals but no substantial use of it has been made for a period of two years thereafter, the special permit shall lapse and land uses and dimensional controls within the geographical limits of the CD District shall be those for the zoning district in which it existed immediately prior to Town Meeting action under Sections 40.11 and 40.12 hereof. 40.8 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this section, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, of the development under such special permit which revisions shall otherwise be in accordance with the submission accompanying the developer's application for a special permit except as modified by the decision of the Board of Appeals.) Stephen T. Russian gave an explanation of the article. 8:27 P.M. Albert P. Zabin filed the Report of the Planning Board on Articles 23 and 24 which was signed by three members of the Board. These three members urged adoption of these two articles. 8:27 P.M. Frank Sandy spoke as a minority on the Planning Board in opposition but did not file a written report. 8: 32 P.M. Planning Board member, Eric T. Clarke, spoke in favor of Article 23. 8:33 P.M. (Adj. Session of the Special Town Meeting - December 7, 1977.) Article 23_ Julian J. Bussgang moved: (Cont. ) 1. Strike the last sentence of 40.12 and replace it with the sentence: "A copy of the said plans which shall be deemed to include any literature and commitments authorized by the developer which have been presented to the Town Meeting, shall be filed with the Town Clerk prior to the vote and shall be part of the site development plan". 2. Strike the last phrase of 40.13 starting with "and issuance" and insert in its place: "followed by issuance of a new special permit by the Board of Appeals". [-- 3. In Section 40.8 insert "original" between "developer's" and "application". Carried by voice vote. 8:37 P.M. Voice vote on main motion, as amended, was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 John T. Avery 2 2 13 Michael J. O'Sullivan 4 3 11 Gloria V. Holland 3 4 7 Richard F. Perry 6 5 9 Guy W. Doran 5 6 5 Frank B. Stille 9 7 3 Alice M. Pierce 11 8 15 Ione D. Garing 1 9 1 Gordon E. Barnes, Jr. 10 At Large 14 William J. Dailey, Jr. 5 Totals 87 56 Less than the required two-thirds having voted in favor, the main motion, as amended, was not adopted. 8:45 P.M. Article 24. Albert P. Zabin moved that this article be indefinitely postponed. Carried Unanimously. 8:45 P. M. Article 25. Albert P. Zabin moved that this article be indefinitely postponed. Carried Unanimously. 8:45 P.M. Article 13. Presented by Albert P. Zabin. MOTION: That the Zoning By-Law of the ,'Town be amended by adding there- to a new Section 39 entitled "Site Plan Review and Special Permits for (See Conventional Subdivisions" as set forth in the motion printed on page pages 27 to 29 of the Planning Board Reports. 255 8:46 P.M. 256 Mr. Zabin filed the Report of the Planning Board which unanimously for recommends the acceptance of Article 13. 8:58 P.M. motion as adopted) (Article 13 as set forth in the motion printed on pages 27 to 29 of the Planning Board Reports: MOTION: To amend the Zoning By-Law by adding the following Section 39, entitled "Site Plan Review and Special Permits for Conventional Subdivisions": SECTION 39. Site Plan Review. The Planning Board shall be the SPGA for purposes of this Section. Except for subdivisions governed by Sections 33, 36 and 38 of this By-Law, no person shall commence develop- ment of any subdivision in a residential district without first obtain- ing a special permit from the Planning Board under the provisions of this Section 39. _ i (Adj. Session of the Special Town Meeting - December 7, 1977.) Article 13. 39.1 The general objectives of this section are to insure insofar (Cont. ) as is practicable the achievement of the objectives of Section 2A of Chapter 808 of the Acts of 1975. 39.2 Special permits issued under this section shall contain reasonable orders, conditions and requirements concerning the place- ment of buildings, major topographic changes, provisions for surface and ground water drainage, protection against flooding and inundation, prevention of water pollution and environmental damage, erosion control, protection of large trees, location of driveways, streets and intersections of driveways and streets as are necessary, desir- able and practical to further sound development and design and to avoid substantial detriment to the neighborhood in which the develop- ment is to occur. 39.3 Applications for a special permit shall contain a site plan and an order under provisions of Chapter XXXIII of the General By- Laws, or a determination by the Conservation Commission that Article XXXIII is not applicable or that an order of conditions is not necessary. Such application and site plan include detailed data covering the elements subject to the imposition of conditions, orders and requirements pursuant to Section 39.2, and shall in- clude information as to proposed landscaping, including a descrip- tion of types, size and location of proposed trees and shrubs in such development. The Planning Board may require further informa- tion with_ respect to such elements. 39. 31 Such application shall be filed either before or simulta- neously with the filing of a definitive subdivision plan, as defined in the Subdivision Control Law of the Commonwealth of Massachusetts, and shall be accompanied by a reasonable filing fee. 39.4 Insofar as practicable, the public hearing on the applica- tion shall be held at the same meeting at which the Planning Board holds the public hearing on the definitive subdivision plan under the Subdivision Control Law. The Planning Board shall take action on said application not more than two weeks after it has taken action on the definitive subdivision plan. Such action shall consist of a finding and determination that the proposed development be subject to such conditions or requirements as the Board reasonably may deter- mine are necessary and desirable to ensure that, so far as is practicable, the proposed development will constitute a suitable development, will not result in substantial detriment to the neigh- borhood, and will further the purposes and objectives of the Zoning By-Law and the Zoning Acts. 39.41 The period within which final action shall be taken may be extended to a time certain by mutual agreement of the Planning Board and the applicant. In the event that the Planning Board determines that the site plan and data presented to it at the public hearing are inadequate to permit the Board to make a finding and determination, it may, in its discretion, either deny the applica- tion without prejudice or adjourn the hearing to a later date to permit the applicant to provide additional data or revisions of the site plan or both, provided, however, that such adjournment shall not extend the period within which final action under this Section must be taken by the Board, unless such period is extended to a day certain by mutual assent of the Board and the applicant. 39.42 The Planning Board shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its action or inaction on each application. 39.43 In the event that the Planning Board shall fail to take final action on an application within the period herein before limited after the filing with the Board of an application for a finding and deter- mination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of the period within which action must be taken or an extension thereof, said Board shall be deemed to have granted the application and issued the permit requested. ) (Adj. Session of the Special Town Meeting - December 7, 1977.) Article 13. Alfred S. Busa, Selectman, urged defeat of this and the next articles. (Cont.) He felt that these articles give too much power to the Planning Board. Frank I. Michelman moved that the motion under Article 13 be amended by 1) substituting for the words "sound development and design" in Section 39.2 the words "the purposes and objectives of the Zoning By-Laws and the Zoning Acts"; and 2) striking from Section 39.4 the words "will constitute a suitable development." .-- 9:18 P.M. Albert P. Zabin stated that the Planning Board supported this amendment. 9:20 P.M. Mr. Michelman's motion to amend Article 13 declared carried by voice vote. 9:21 P.M. Anthony L. Mancini moved the previous question which was declared carried by voice vote. 9:26 P.M. Julian J. Bussgang moved: If the vote on the main motion, as amended, is not unanimous, the vote is to be taken by written ballot by precinct. 55 Town Meeting Members, more than the necessary 50, stood in agreement with Mr. Bussgang's motion, so the Moderator stated that if the vote is not unanimous, the vote would be taken by written ballot by precinct. 9:32 P.M. Voice vote on the main motion, as presented by Mr. Zabin, and amended by Mr. Michelman was not unanimous so the Moderator called for the written ballot by precinct to be taken. 9:32 P.M. The sheets, as prepared by the Town Clerk, were passed out to the Precinct Chairmen and one sheet for the Town Meeting Members At Large. After the voting had been completed and the Members had signed the F-- sheets, they were returned to the Town Clerk to be tallied which was completed at 9:46 P.M. The Moderator had called for a short recess while the tallying was being completed and called the meeting to order at 9:50 P.M. and announced the results of the written vote as follows: Yes 103 No 49 Abstain 5 Absent 41 Total 198 More than the required two-thirds having voted in favor, the main motion, as amended, was declared adopted. 9:52 P.M. (Motion, as amended, as adopted reads: (Motion, MOTION: To amend the Zoning By-Law by adding the following Section as 39, entitled "Site Plan Review and Special Permits for Conventional amended, Subdivisions": Adopted) SECTION 39. Site Plan Review. The Planning Board shall be the SPGA (App. by for purposes of this Section. Except for subdivisions governed by Atty.Gen. Sections 33, 36 and 38 of this By-Law, no person shall commence Mar. 15, development of any subdivision in a residential district without first 1978. obtaining a special permit from the Planning Board under the provisions Posted: of this Section 39. Tn. Off. Building 39.1 The general objectives of this section are to insure insofar & 9 as is practicable the achievement of the objectives of Section 2A Prec. of Chapter 808 of the Acts of 1975. Apr. 4, 1978) ) (Adj. Session of the Special Town Meeting - December 7, 1977.) Article 13. 39.2 Special permits issued under this section shall contain (Cont. ) reasonable orders, conditions and requirements concerning the place- ment of buildings, major topographic changes, provisions for surface and ground water drainage, protection against flooding and inunda- tion, prevention of water pollution and environmental damage, erosion control, protection of large trees, location of driveways, streets and intersections of driveways and streets as are necessary, desirable and practical to further the purposes and objectives of the Zoning By-Laws and the Zoning Acts and to avoid substantial detriment to the neighborhood in which the development is to occur. 39.3 Applications for a special permit shall contain a site plan and an order under provisions of Chapter XXXIII of the General By-Laws, or a determination by the Conservation Commission that Article XXXIII is not applicable or that an order of conditions is not necessary. Such application and site plan include detailed data covering the elements subject to the imposition of conditions, orders and re- quirements pursuant to Section 39.2, and shall include information as to proposed landscaping, including a description of types, size and location of proposed trees and shrubs in such development. The Planning Board may require further information with respect to such elements. 39.31 Such application shall be filed either before or simulta- neously with the filing of a definitive subdivision plan, as defined in the Subdivision Control Law of the Commonwealth of Massachusetts, and shall be accompanied by a reasonable filing fee. 39.4 Insofar as practicable, the public hearing on the application shall be held at the same meeting at which the Planning Board holds the public hearing on the definitive subdivision plan under the Subdivision Control Law. The Planning Board shall take action on said application not more than two weeks after it has taken action on the definitive subdivision plan. Such action shall consist of a finding and determination that the proposed development be subject to such conditions or requirements as the Board reasonably may determine are necessary and desirable to ensure that, so far as is practicable, the proposed development will not result in substantial detriment to the neighborhood, and will further the purposes and objectives of the Zoning By-Law and the Zonings Acts. 39.41 The period within which final action shall be taken may be extended to a time certain by mutual agreement of the Planning Board and the applicant. In the event that the Planning Board determines that the site plan and data presented to it at the public hearing are inadequate to permit the Board to make a finding and determination, it may, in its discretion, either deny the application without prejudice or adjourn the hearing to a later date to permit the applicant to provide additional data or revisions of the site plan or both, provided, however, that such adjournment shall not extend the period within which final action under this Section must be taken by the Board, unless such period is extended to a day certain by mutual assent of the Board and the applicant. 39.42 The Planning Board shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its action or inaction on each application. 39.43 In the event that the Planning Board shall fail to take final action on an application within the period herein before limited after the filing with the Board of an application for a finding and determination, or within such extended period as -- shall have been mutually agreed upon as herein provided, then upon the expiration of the period within which action must be taken or an extension thereof, said Board shall be deemed to have granted the application and issued the permit requested. In Favor: 103 Opposed: 49 Adopted 9:52 P.M. ) Article 14. (See Pages 262 & 263) (Adj. Session of the Special Town Meeting - December 7, 1977. ) -' Albert P. Zabin moved that Article 15 be taken up at this time, out of order. Carried by voice vote. 9:52 P.M. Article 15. Presented by Iris G. Wheaton. MOTION: That Section 25 of the Zoning By-Law of the Town be amended as set forth in the motion printed separately and passed out with the Planning Board Reports and that a new Section 28 be added to the (See Zoning By-Law as set forth in such motion. next 9:53 P.M. page ( for Mrs. Wheaton filed the Report of the Planning Board which unanimously motion recommended passage of Article 15. 9:57 P.M. as adopted) (Motion as set forth in the motion printed separately and passed out with the Planning Board Reports as follows: MOTION: To amend Section 25 of the Zoning By-Law by adding thereto a new Subsection 25.17 - "Municipal Buildings and Public School Buildings Converted to Residential Uses.** (SPS in all columns) . **Special permits under this section governed by Section 28 - Converted Municipal Buildings and Public School Buildings" as follows: SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS AND PUBLIC SCHOOL BUILDINGS 28.11 This Section is intended to allow the conversion of municipal buildings in a manner which encourages practical residential develop- ment, which is compatible with the neighborhood, and which encourages development of economically priced and a variety of housing, and which fosters flexibility and creativity of development. 28.12 The Board of Selectmen shall be the Special Permit Granting Authority. 28.13 The Planning Board shall hold a public hearing on a develop- ment proposal prior to Town Meeting. The procedure for such public hearing shall be governed by the procedure governing hearings on proposed amendments to the Zoning By-Law. 28.14 Permissible housing types and forms of ownership include all single and multiple occupancy housing types, and any mix thereof, and any form of ownership permissible under law. 28.15 The development proposal for such conversion shall show in a general manner with plans drawn to scale, the floor plan, exterior design, housing types and estimated sales prices or rentals as the case may be, landscaping, accessory buildings, parking areas and other paved areas, dwelling unit density and total floor area. The development plan shall be presented to the Town Meeting for its approval, by a majority of those present and voting. 28.16 The Planning Board shall report to the Town Meeting concerning the suitability of the proposal, its contribution to the furtherance of the objectives of this Section, and its likely impact on the neighborhood, town services and facilities. 28.17 After approval by the Town Meeting, the Special Permit Granting Authority may grant a special permit which shall incorporate by reference the development proposal approved by the Town Meeting. Plan submitted for a special permit shall conform substantially to the development plan which the Town Meeting has approved. The Board of Selectmen may, in its discretion, permit minor deviation from the development plan which the Town Meeting has approved. 28.18 The Special Permit Granting Authority and the Planning Board shall, in acting upon applications for special permits, be governed by the provisions of Section 13 of this By-Law where not inconsistent with the provisions of Section 28.) w 2 (Adj. Session of the Special Town Meeting - December 7, 1977. ) Article 15. Myron L. Miller moved that the last sentence of Section 28.15 of the (Cont. ) motion under Article 15, which reads: "The development plan shall . . . . and voting," be stricken and that the following should be sub- stituted therefor: "A copy of the site development plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk before the vote and shall be part of the site development plan." 9:58 P.M. Eric T. Clarke moved to amend Mr. Miller's motion by striking the first paragraph but he then withdraw his motion. 10:03 P.M. Mr. Miller changed his motion by striking the first paragraph so that his motion now is: MOTION: To add the following sentence at end of Section 28.15: "A copy of the site development plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk be- fore the vote and shall be part of the site development plan." 10:04 P.M. Mr. Miller's motion to amend Article 15 adopted by voice vote. 10:04 P.M. Main motion, as presented by Mrs. Wheaton, and as amended by Mr. Miller, declared carried unanimously. 10:08 P.M. (Main motion, as amended and as adopted as follows: MOTION: To amend Section 25 of the Zoning By-Law by adding thereto a new Subsection 25.17 - "Municipal Buildings and Public School Buildings (Motion Converted to Residential Uses.** (SPS in all columns) . **Special as permits under this section governed by Section 28 - Converted Munici- adopted) pal Buildings and Public School Buildings" as follows: SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS AND PUBLIC SCHOOL BUILDINGS 28.11 This Section is intended to allow the conversion of municipal (App. by buildings in a manner which encourages practical residential develop- Atty. Gen. ment, which is compatible with the neighborhood, and which encourages Mar. 15, development of economically priced and a variety of housing, and 1978. which fosters flexibility and creativity of development. Posted: Town Off. 28.12 The Board of Selectmen shall be the Special Permit Granting Building Authority. & 9 Prec. 28.13 The Planning Board shall hold a public hearing on a develop- Apr. 4, ment proposal prior to Town Meeting. The procedure for such public 1978) hearing shall be governed by the procedure governing hearings on proposed amendments to the Zoning By-Law. 28.14 Permissible housing types and forms of ownership include all single and multiple occupancy housing types, and any mix thereof, and any form of ownership permissible under law. 28.15 The development proposal for such conversion shall show in a general manner with plans drawn to scale, the floor plan, exterior design, housing types and estimated sales prices or rentals as the case may be, landscaping, accessory buildings, parking areas and other paved areas, dwelling unit density and total floor area. The develop- ment plan shall be presented to the Town Meeting for its approval, by a majority of those present and voting. A copy of the site develop- mentment plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk before the vote and shall be part of the site development plan. 'c , • (Adj. Session of the Special Town Meeting - December 7, 1977.) sP• 259 Article 15. 28.16 The Planning Board shall report to the Town Meeting concerning (Cont.) the suitability of the proposal, its contribution to the furtherance of the objectives of this Section, and its likely impact on the neighborhood, town services and facilities. 28.17 After approval by the Town Meeting, the Special Permit Granting Authority may grant a special permit which shall incorporate by reference the development proposal approved by the Town Meeting. Plan submitted for a special permit shall conform substantially to the development plan which the Town Meeting has approved. The Board of Selectmen may, in its discretion, permit minor deviation from the development plan which the Town Meeting has approved. 28.18 The Special Permit Granting Authority and the Planning Board shall, in acting upon applications for special permits, be governed by the provisions of Section 13 of this By-Law where not inconsistent with the provisions of Section 28. Carried Unanimously. 10:08 P.M.) Albert P. Zabin moved that Article 16 be taken up, out of order, at this time. Carried Unanimously. 10:08 P.M. Article 16. Presented by Alfred S. Busa. MOTION: That the Board of Selectmen be and they are hereby authorized (See to petition the General Court for an act to amend Chapter 447 of the Chapter Acts of 1956, as amended, to expand the Battle Green District to 268 - include the Hancock School property. Acts of 10:09 P.M. 1978.) Gerald L. Abegg moved to amend the motion by adding the "Belfry Hill". The Moderator ruled that this amendment was beyond the scope of the article. 10:20 P.M. The main motion, as presented by Mr. Busa, declared carried unanimously. 10:20 P.M. Albert P. Zabin moved that Article 17 be taken up, out of order, at this time. Carried by voice vote. 10:21 P.M. Article 17. Presented by Mary W. Miley. MOTION: That the Selectmen be and they hereby are authorized to convey the Hancock School property located at the corner of Forest (Motion Street and Clarke Street, consisting of the building and approximately as 1.5 acres of land more or less, to Stanley H. Sydney and R. Kirk adopted) Noyes d/b/a Sydney and Noyes Associates for a minimum price of $100,000.00, such property to be used for condominiums in accordance with the site plan presented to and which is hereby approved by this town meeting, and on such other terms as the Selectmen shall determine. 10:22 P.M. Albert P. Zabin filed the Report of the Planning Board which unanimously supports the proposal as presented under Article 17. 10:24 P.M. Winifred L. L. Friedman suggested that the $100,000. should be put in a real estate fund and that a committee should be appointed and set up to respond to the needs of a community center for which this money could be used. 10:29 P.M. R. Kirk Noyes was recognized and gave a lengthy explanation of what would be done to convert the school to condominiums and showed slides of what he has done in other towns. 10:53 P.M. Richard A. Michelson moved for indefinite postponement of this article as he felt that the property could be put to better use. This motion was declared lost by voice vote. 11:02 P.M. (Adj. Session of the Special Town Meeting - December 7, 1977.) 260 Article 17. In response to Mr. Michelson, Mrs. Miley stated that the Department (Cont. ) of Community Affairs said that the building was too small for sub- sidized housing. James M. McLaughlin moved the previous question, which was declared carried by voice vote. 11:10 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 John T. Avery 3 2 16 Michael J. O'Sullivan 0 3 13 Gloria V. Holland 1 4 14 Richard F. Perry 0 5 13 Guy W. Doran 2 6 11 Frank B. Stille 0 7 14 Alice M. Pierce 0 8 15 Ione D. Garing 1 9 10 Gordon E. Barnes, Jr. 0 At Large 20 William J. Dailey, Jr. 0 Totals 137 7 More than the required two-thirds having voted in favor, the motion is adopted. 11:12 P.M. Margery M. Battin moved that this meeting be adjourned to Monday, December 12, 1977 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 11:13 P.M. I A true copy. Attest: 7 r 90-14,44t Mary R. McDonough, Town Clerk 261 1111111 ADJOURNED SESSION OF THE SPECIAL TOWN MEETING - DECEMBER 12, 1977 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:10 P.M. in Cary Memorial Hall. There were 157 Town Meeting Members present. The invocation was offered by Monsignor John F. Kielty, Pastor of St. Brigid's Catholic Church. 8:12 P.M. -- Jacqueline B. Davison requested that the Moderator ask for a moment of silence for Melvin G. Holland, former Town Meeting Member from Precinct 3 and the husband of present Town Meeting Member, Gloria V. Holland, who died this past week. The Moderator asked for a moment of silence at 8:13 P.M. Albert P. Zabin moved for reconsideration of Article 8. 8:13 P.M. Mr. Zabin stated, if motion for reconsideration of Article 8 passed, he would then offer an amendment to Article 8 as presented on December 5, 1977. 8:14 P.M. Motion to reconsider Article 8 was adopted by voice vote. 8:14 P.M. Article 8. Albert P. Zabin moved to amend Article 8 by adding the following: Section 12.33 Notwithstanding the provisions of Section 12.3 of this by-law, the Board of Appeals, with respect to any use variances law- (See fully in effect on October 25, 1977, and granted only to the applicant, Pages may grant, upon the application of the successor to the holder of the 237 & variance, a use variance with, at least, the same conditions, safe- 238, guards, and requirements as contained in the use variance granted to 240 & the original applicant. 8:15 P.M. 241) William J. Scouler moved for reconsideration of his motion to amend Article 8 as presented at the December 5, 1977 session of this Town Meeting (Page 237) in order that George P. Wadsworth, Chairman of the Board of Appeals, could speak. 8:17 P.M. There were no objections from the Members, so Mr. Wadsworth spoke against Mr. Zabin's motion and in favor of Mr. Scouler's amendment. He was recognized at the end of ten minutes for a second time. 8:27 P.M. Mr. Zabin spoke against reconsideration of Mr. Scouler's motion. 8:33 P.M. Voice vote, on Mr. Scouler's motion to reconsider his motion to amend Article 8, was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 John T. Avery 4 2 9 Michael J. O'Sullivan 6 3 3 Shirley A. Byrne 11 4 6 Joseph 0. Rooney 9 5 5 Guy W. Doran 8 6 2 Frank B. Stille 11 7 2 Alice M. Pierce 13 8 8 Ione D. Garing 5 9 5 Gordon E. Barnes, Jr. 6 At Large 11 William J. Dailey, Jr. 9 Totals 60 82 Mr. Scouler's motion to reconsider his amendment as offered at the December 5, 1977 session of this town meeting was not adopted. 8:37 P.M. Albert P. Zabin's motion to amend Article 8 (as presented at the December 5, 1977 session of this town meeting) declared adopted by voice vote. 8:37 P.M. Mk 262 (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 8. Voice vote on main motion as presented by Mr. Zabin on December 5, (Cont.) 1977 (Page 237) and as amended by Mr. Zabin at this session was not unanimous, so standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 John T. Avery 9 2 6 Michael J. O'Sullivan 9 3 11 Shirley A. Byrne 4 4 9 Joseph 0. Rooney 6 5 7 Guy W. Doran 6 6 10 Frank B. Stille 3 7 13 Alice M. Pierce 3 8 4 Ione D. Garing 11 9 5 Gordon E. Barnes, Jr. 6 At Large 10 William J. Dailey, Jr. 10 Totals 79 67 Less than the required two-thirds having voted in favor, the main motion, as amended, under Article 8 was not adopted. 8:39 P.M. Article 14. Presented by Frank Sandy. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion printed on page 31 of the Planning Board Reports. The words "these By-Laws" are to read "this By-Law". 8:40 P.M. Mr. Sandy filed the Report of the Planning Board which unanimously recommended passage of Article 14. 8:50 P.M. (Motion under Article 14 as printed on page 31 of the Planning Board Reports: MOTION: That the Zoning By-Law of the Town of Lexington be amended by: 1. Adding a new definition after "TEMPORARY STRUCTURE" as follows: USABLE BUILDING AREA: That portion of a lot which meets all setback requirements from lot lines, streets, or bodies of water referred to in Section 27.1 of this By-Law. Except when divided by a brook, such usable building area shall be in a single continuous area. 2. Adding to Section 27 - Schedule of Dimensional Controls, a new line "Usable Building Area" with the figures "18,000 sq. ft. " under the heading "RO"; "7,250 sq. ft." under the headings "RS and RT"; and "N.R." in all of the other columns.) Mr. Sandy showed slides and then Selectman, Alfred S. Busa, showed slides and asked that this article be defeated. 8:55 P.M. Mr. Sandy stated that residential lots that have already been laid out and comply with present zoning would not be affected by a zoning change. 9:03 P.M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:08 P.M. Voice vote on main motion was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 John T. Avery 8 2 7 Michael J. O'Sullivan 9 3 12 Shirley A. Byrne 4 4 10 Joseph O. Rooney 6 5 7 Guy W. Doran 6 (Adj. Session of the Special Town Meeting - December 12, 1977.) r Article 14. Standing vote on main motion (Cont. ) (Cont. ) Precinct In Favor Tellers Opposed 6 12 Frank B. Stille 1 7 11 Alice M. Pierce 5 8 5 Ione D. Garing 12 9 9 Gordon E. Barnes, Jr. 2 At Large 13 William J. Dailey, Jr. 7 Totals 90 60 Less than the required two-thirds having voted in favor, the motion under Article 14 is not adopted. 9:11 P.M. Article 10 is now before the meeting as it was moved and adopted at the December 5, 1977 Special Town Meeting (Page 240) that Article 10 be taken up after Article 14. Article 10. Presented by Manfred P. Friedman. (For Motion MOTION: That Section 33 of the Zoning By-Law of the Town be amended as as set forth in the motion printed on pages 11 to 15 of the Planning adopted - Board Reports. The first sentence of Section 33.9 is to read See "Subsequent to a special permit granted by the Planning Board under pages the provisions of this Section 33, and the approval of a definitive 269- plan of a subdivision by the Planning Board, the location of side 271. ) and rear lines of lots in such subdivision may be revised from time to time in accordance with applicable laws, by-laws and regulations." 9:12 P.M. Mr. Friedman filed the Report of the Planning Board in which they unanimously recommend the acceptance of Article 10. ("® 9:22 P.M. (Motion under Article 10 as set forth in the motion printed on pages 11 to 15 of the Planning Board Reports: MOTION: To strike from the Zoning By-Law of the Town of Lexington Section 33 and substituting therefore the following: SECTION 33. CLUSTER DEVELOPMENT. The Planning Board shall be the SPGA for the purposes of this section and may grant a special permit for any tract of land of ten (10) acres or more to be subdivided as a cluster development, subject to the requirements and conditions described below. 33.1 The general objectives of cluster developments are to encourage: 33.11 Preservation of open space for conservation, outdoor recreation or park purposes 33.12 Better utilization of natural features of the land through a greater flexibility of design 33.13 More efficient provision of municipal services. 33.2 The number of building lots in any tract of land for which a special permit is issued shall not exceed such number of lots L. usable for building under the laws of the Commonwealth and the By-Laws of the Town, and conforming to the area and frontage requirements specified for RO district in Section 27 hereof as could be contained in 85 percent of the area of the tract to be subdivided. 4 33.3 At least 25 percent of the total area of such tract shall remain unsubidvided, and, except as provided below, unbuilt upon, and shall be used for conservation, outdoor recreation or park purposes. (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 10. 33. 31 Such unsubdivided land may be in one orr more parcels of (Cont.) a size and shape appropriate ,for its intended use as determined by, the Planning Board. - 33.32 Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington, to all homeowners within such tract jointly, or to a trust, the beneficiaries of which shall be the homeowners within such tract, which shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes, or to a non-profit organization, the principal purpose of which is the conservation of open space. The future ownership of such unsubdivided land, which may differ from parcel to parcel, shall be specified by the Planning Board as a condition of the special permit. 33. 33 When such unsubdivided land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to ensure its perpetual use and main- tenance as conservation, recreation or park land. 33. 34 Access at least 40 feet wide shall be provided to each parcel of such unsubdivided land from one or more streets in the sub- division. Such access shall be identified in a manner as specified by the Planning Board in the conditions of the special permit. 33.35 A maximum of 20 percent of such open land (if the special permit so provides) may be devoted to paved areas and structures used for or accessory to active outdoor recreation, and consistent with the open space uses of such land. The Planning Board shall impose such conditions and requirements with respect to such open land to ensure that at the completion of the development such land will be in a condition appropriate to its intended use. 33.4 The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a cluster development: 1 33.41 Street frontage for each lot may be reduced to not less than 1 120 feet, lot area may be reduced to not less than 20,000 square ,,,_J feet. Usable building area, as defined in Section 1 of these By- Laws may be reduced to not less than 10,750 square feet. 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a cluster develop- ment shall be accompanied by a preliminary subdivision plan and an order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws of the Town of Lexington, or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary. In addition to the information required by Rules and Regulations of the Planning Board to be shown on preliminary subdivision plans, such plan for a cluster development shall show the following: 33.51 Soil culture of the land, such as wooded, pasture, rock outcrops or swampy. 33.52 Proposed landscaping and use of land which is to be reserved for conservation, recreation or park use, including any proposed structures thereon. 33.6 In determining whether to grant a special permit for a proposed cluster development which meets the minimum standards stated herein, the Planning Board shall consider: 33.61 The appropriateness of the proposed development and the extent to which it accomplishes the objectives of cluster develop- ment. 33.62 The existing and probable future development of surrounding areas. 33.63 The appropriateness of the proposed development in relation to topography, soils and other characteristics of the tract in question. (Adj. Session of the Special Town Meeting - December 12, 1977.) `'T Article 10. 33.64 Its determination as to the number of lots usable for (Cont.) building. 33.65 The Planning Board shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its decision which shall at least include its findings with respect to those matters enumerated in Sections 12.2, 33.61, 33.62, 33.63, and 33.64 of this By-Law. 33.7 Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these By-Laws or the Subdivision Rules and Regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regula- tions and of the Subdivision Control Law. 33.8 The Planning Board shall not grant a special permit for the subdivision of land into lots having the reduced area and frontage, as provided for in this subsection, if it appears that because of soil drainage, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or will be unlikely to further the purposes of cluster development, or if the uses, shape, size or location of the unsubdivided land are incompatible with the purposes of this section. 33.9 Subsequent to a special permit granted by the Planning Board under the provisions of this Section 33, and the approval of a definitive plan of a subdivision by the Planning Board, the location of side and rear lines of lots in such subdivision may be revised from time to time in accordance with applicable laws, by-laws and regulations. Any change in the number of lots, the lines of streets, the reserved open space, its ownership or use, or any other conditions stated in the original special permit shall require a new special permit issued in accordance with the provi- sions of this By-Law. ) Manfred P. Friedman moved to amend his motion by striking from 33.41 "Usable building area, as defined in Section 1 of these By-Laws may be reduced to not less than 10,750 square feet". Motion to amend declared carried by voice vote. 9:27 P.M. Stephen Michael Politi presented a subsitute motion under Article 10 and asked if reading of the substitute motion could be waived as the Town Meeting Members had copies. There were no objections so the Moderator ruled that the reading would be waived. 9:27 P.M. (Mr. Politi's substitute motion as follows: MOTION: To strike from the Zoning By-Law of the Town of Lexington Section 33 and substituting therefore the following: Section 33. Cluster Development. The Board of Appeals may grant a special permit for any tract of land of ten (10) acres or more to be subdivided as a cluster development, subject to the requirements and conditions described below. 33.1 The general objectives of cluster developments are to encourage: 33.11 Preservation of open space for conservation, outdoor recreation or park purposes 33.12 Better utilization of natural features of the land through a greater flexibility of design 33.13 More efficient provision of municipal services. (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 10. (Politi's substitute motion continued) (Cont.) 33.2 The number of building lots in any tract of land for which a special permit is issued shall not exceed such number of lots usable for building under the laws of the Commonwealth and the By-Laws of the Town, and conforming to the area and frontage requirements specified for RO district in Section 27 hereof as could be contained in 85 percent of the area of the tract to be subdivided. 33. 3 At least 25 percent of the total area of such tract shall remain unsubdivided, and, except as provided below, unbuilt upon, and shall be used for conservation, outdoor recreation or park purposes. 33.31 Such unsubdivided land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Board of Appeals after consideration of the recommendations of the Planning Board. 33.32 Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington, to all homeowners within such tract jointly, or to a trust, the beneficiaries of which shall be the homeowners within such tract, which shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes, or to a non-profit organization, the principal purpose of which is the conservation of open space. The future ownership of such unsubdivided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit. 33.33 When such unsubdivided land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to ensure its perpetual use and main- tenance as conservation, recreation or park land. 33.34 Access at least 40 feet wide shall be provided to each parcel of such unsubdivided land from one or more streets in the subdivision. Such access shall be identified in a manner as specified by the Board of Appeals in the conditions of the special permit. 33.35 A maximum of 20 percent of such open land (if the special permit so provides) may be devoted to paved areas and structures used for or accessory to active outdoor recreation, and con- sistent with the open space uses of such land. The Board of Appeals shall impose such conditions and requirements with respect to such open land to ensure that at the completion of the develop- ment such land will be in a condition appropriate to its intended use. 33.4 The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a cluster development: 33.41 Street frontage for each lot may be reduced to not less than 120 feet, lot area may be reduced to not less than 20,000 square feet. 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a cluster development shall be accompanied by a preliminary subdivision plan and an order J of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws of the Town of Lexington, or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary; a copy of which shall also be submitted to the Planning Board. In addition to the information required by Rules and Regulations of the Planning Board to be shown on preliminary subdivision plans, such plan for a cluster development shall show the following: 33.51 Soil culture of the land, such as wooded, pasture, rock outcrops or swampy. (Adj. Session of the Special Town Meeting - December 12, 1977. ) - 7 Article 10. (Politi's substitute motion continued) (Cont. ) 33.52 Proposed landscaping and use of land which is to be reserved for conservation, recreation or park use, including any proposed structures thereon. 33.6 The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to said application for special permit, to include at least the following: -- 33.61 Its determination as to the number of lots usable for building. 33.62 A general description of the tract in question and surrounding areas. 33.63 An evaluation of the appropriateness of the proposed development and the extent to which it accomplishes the objectives of the cluster development. 33.64 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 33.7 The Board of Appeals shall not take any action on a petition for a permit for a cluster development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or 45 days shall have elapsed from the date of submission of the preliminary subdivision plan and application for a special permit. In determining whether to grant a special permit for a proposed cluster development which meets the minimum standards stated herein, the Board of Appeals shall consider: 33.71 The report and recommendations of the Planning Board. 33.72 The general objectives of cluster developments. 33.73 The existing and probable future development of surrounding areas. 33.74 The appropriateness of the proposed development in relation to topography, soils and other characteristics of the tract in question. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 33.8 Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these By-Laws or the Subdivision Rules and Regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regula- tions and of the Subdivision Control Law. 33.9 The Planning Board shall not recommend and the Board of Appeals shall not grant a special permit for the subdivision of land into lots having the reduced area and frontage, as provided for in this subsection, if it appears that because of soil drainage, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or will be unlikely to further the purposes of cluster development, or if the uses, shape, size or location of the unsubdivided land are incompatible with the purposes of this section. In granting a special permit, the Board of Appeals shall impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. { (Adj. Session of the Special Town Meeting - December 12, 1977. ) Article 10. (Politi's substitute motion continued) (Cont. ) 33.10 Subsequent to a special permit granted by the Board of Appeals under the provisions of this Section 33, and the approval of a definitive plan of a subdivision by the Planning Board, the location of side and rear lines of lots in such subdivisions may be revised from time to time in accordance with applicable laws, by- laws and regulations. Any change in the number of lots, the lines of streets, the reserved open space, its ownership or use, or any other conditions stated in the original special permit shall require a new special permit issued in accordance with the provisions of this By-Law. ) Mr. Politi gives an explanation of his substitute motion and is recognized for the second time. 9:40 P.M. Albert P. Zabin, Chairman of the Planning Board, speaks against Mr. Politi's motion. Mr. Friedman stated that Section 33.65 was left out of the sub- stitute motion and Mr. Politi said that it was intentionally omitted. 9:48 P.M. Selectman, Robert B. Kent spoke in favor of Mr. Politi's substitute motion. 9:52 P.M. After general discussion, Donald J. Shaw moved the previous question which was declared carried by voice vote. 10:02 P.M. Mr. Politi's substitute motion was declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 10 John T. Avery 5 2 10 Michael J. O'Sullivan 6 3 7 Shirley A. Byrne 7 4 6 Joseph 0. Rooney 10 5 9 Guy W. Doran 4 6 4 Frank B. Stille 9 7 4 Alice M. Pierce 12 8 12 Ione D. Garing 5 9 7 Gordon E. Barnes, Jr. 4 At Large 13 William J. Dailey, Jr. 7 Total 82 69 Mr. Politi's motion to substitute a motion for Article 10 was adopted. 10:07 P.M. The Moderator stated that Mr. Politi's substitute motion is now the main motion and needs a two-thirds vote. 10:07 P.M. Manfred P. Friedman states that the Planning Board urges that the Town Meeting support this motion. 10:08 P.M. Mr. Politi's substitute motion, which is now the main motion, declared carried unanimously. 10:08 P.M. -- Manfred P. Friedman served notice of reconsideration of Article 10. 10:08 P.M. Mr. Friedman moved to reconsider Article 10. Carried by voice vote. 10:10 P.M. (Adj. Session of the Special Town Meeting - December 15, 1977. ) - 2 Article 10. Albert P. Zabin moved to amend Article 10 as follows: (Cont.) MOTION: The following section be added to Article 10. 33.75 "The Board of Appeals shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its decision which shall at least include its findings with respect to those matters enumerated in Sections 12.2, 33.61, 33.62, 33.63 and 33.64 of this by-law. Adopted by voice vote. 10:11 P.M. Mr. Politi's substitute motion, which is now the main motion, as amended by Mr. Zabin declared carried unanimously. 10:12 P.M. (Article 10 as adopted: (Mr. Politi's substitute motion as amended by Mr. Zabin) (Motion MOTION: To strike from the Zoning By-Law of the Town of Lexington adopted Section 33 and substituting therefore the following: under Article Section 33. Cluster Development. The Board of Appeals may grant a 10. ) special permit for any tract of land of ten (10) acres or more to be subdivided as a cluster development, subject to the requirements and conditions described below. 33.1 The general objectives of cluster developments are to encourage: (Approved 33.11 Preservation of open space for conservation, outdoor by Atty. recreation or park purposes General ^� March 15, 33.12 Better utilization of natural features of the land through 1978. a greater flexibility of design Posted: Town 33.13 More efficient provision of municipal services. Office Building 33.2 The number of building lots in any tract of land for which a & 9 special permit is issued shall not exceed such number of lots usable Precincts for building under the laws of the Commonwealth and the By-Laws of on the Town, and conforming to the area and frontage requirements April 4, specified for RO district in Section 27 hereof as could be contained 1978) in 85 percent of the area of the tract to be subdivided. 33.3 At least 25 percent of the total area of such tract shall remain unsubdivided, and, except as provided below, unbuilt upon, and shall be used for conservation, outdoor recreation or park purposes. 33. 31 Such unsubdivided land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Board of Appeals after consideration of the recommendations of the Planning Board. 33.32 Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington, to all homeowners within such tract jointly, or to a trust, the beneficiaries of which shall be the homeowners [I- within such tract, which shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes, or to a non-profit organization, the principal purpose of which is the conservation of open space. The future ownership of such unsubdivided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit. 33.33 When such unsubdivided land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to ensure its perpetual use and main- tenance as conservation, recreation or park land. 'f9 (Adj. Session of the Special Town Meeting - December 12, 1977. ) Article 10. 33. 34 Access at least 40 feet wide shall be provided to each parcel (Cont. ) of such unsubdivided land from one or more streets in the subdivision. Such access shall be identified in a manner as specified by the Board of Appeals in the conditions of the special permit. 33.35 A maximum of 20 percent of such open land (if the special permit so provides) may be devoted to paved areas and structures used for or accessory to active outdoor recreation, and consistent with the open space uses of such land. The Board of Appeals shall impose such conditions and requirements with respect to such open land to ensure that at the completion of the development such land will be in a condition appropriate to its intended use. 33.4 The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a cluster immo. development: 33.41 Street frontage for each lot may be reduced to not less than 120 feet, lot area may be reduced to not less than 20,000 square feet. 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a cluster development shall be accompanied by a preliminary subdivision plan and an order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws of the Town of Lexington, or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary; a copy of which shall also be submitted to the Planning Board. In addition to the information required by Rules and Regulations of the Planning Board to be shown on preliminary subdivision plans, such plan for a cluster development shall show the following: 33.51 Soil culture of the land, such as wooded, pasture, rock outcrops or swampy. 33.52 Proposed landscaping and use of land which is to be reserved for conservation, recreation or park use, including any proposed structures thereon. 33.6 The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to said application for special permit, to include at least the following: 33.61 Its determination as to the number of lots usable for building. 33.62 A general description of the tract in question and surround- ing areas. 33.63 An evaluation of the appropriateness of the proposed develop- ment and the extent to which it accomplishes the objectives of the cluster development. 33.64 Recommendations for the granting or denial of the special permit, including recommendation for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 33.7 The Board of Appeals shall not take any action on a petition for a permit for a cluster development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or 45 days shall have elapsed from the date of submission of the prelim- inary subdivision plan and application for a special permit. In determining whether to grant a special permit for a proposed cluster development which meets the minimum standards stated herein, the Board of Appeals shall consider: 33.71 The report and recommendations of the Planning Board. 33.72 The general objectives of cluster developments. (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 10. 33.73 The existing and probable future development of surrounding (Cont.) areas. 33.74 The appropriateness of the proposed development in relation to topography, soils and other characteristics of the tract in question. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. -- 33.75 The Board of Appeals shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its decision which shall at least include its findings with respect to those matters enumerated in Sections 12.2, 33.61, 33.62, 33.63 and 33.64 of this by-law. 33.8 Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these By-Laws or the Subdivision Rules and Regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regulations and of the Sub- division Control Law. 33.9 The Planning Board shall not recommend and the Board of Appeals shall not grant a special permit for the subdivision of land into lots having the reduced area and frontage, as provided for in this subsection, if it appears that because of soil drainage, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or will be unlikely to further the purposes of cluster development, or if the uses, shape, size or location of the unsubdivided land are incompatible with the purposes of this section. In granting a special permit, the Board of Appeals shall impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. 33.10 Subsequent to a special permit granted by the Board of Appeals under the provisions of this Section 33, and the approval of a definitive plan of a subdivision by the Planning Board, the location of side and rear lines of lots in such subdivisions may be revised from time to time in accordance with applicable laws, by-laws and regulations. Any change in the number of lots, the lines of streets, the reserved open space, its ownership or use, or any other conditions stated in the original special permit shall require a new special permit issued in accordance with the provisions of this By-Law. Carried Unanimously. 10:12 P.M.) Article 18. Presented by Mary E. Shunney. MOTION: That the Selectmen be and they hereby are authorized to convey a parcel of land on the southerly side of Woburn Street contain- ing .79 acres, more or less, shown as parcel A-2 on plan entitled "Plan of Land in Lexington, Mass. " dated June 25, 1968, Albert A. Miller, Wilbur C. Nylander, Civil Engineers and Surveyors recorded in Middlesex South Registry of Deeds Book 11563, Page 3, to the Lexington Housing Authority, on such terms as the Selectmen shall determine for a minimum price of $1.00. Carried Unanimously. 10:15 P.M. 4-, (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 19. Presented by Mary E. Shunney. (App. MOTION: That the Zoning By-Law of the Town be amended by adding a by Atty. new subsection 22.49 as follows: General Mar. 15, "A district on the southerly side of Woburn Street as shown on the 1978. Zoning District Map No. RM-7 entitled "RM Garden Apartment Districts", Posted: designated thereon 22.49." Tn. Off. 10:15 P.M. Building & 9 Albert P. Zabin filed the Report of the Planning Board in which they Prec. unanimously recommend passage of Articles 18 and 19. Apr. 4, 10:16 P.M. 1978) Motion, as presented by Mrs. Shunney, declared carried unanimously. 10:17 P.M. Article 20. Presented by Eric T. Clarke. MOTION: That the Selectmen be and they hereby are authorized to abandon road, sewer, drain and water easements granted to the Town by George J. DeVries and John S. DeVries, a partnership doing business as Lexington Development Company, by instrument dated November 2, 1959, recorded with Middlesex South Registry of Deeds, Book 9492, Page 188, as such rights and easements cross Lots 9, 10, 11, 12, 13, 14, 15, 16 and 17 on an approved subdivision plan entitled "Lowell Estates, Section 2 in Lexington, Mass.", recorded with said Registry, Book 12910, Page 246, for the benefit of Village Development Corp. , on such terms as the Selectmen shall determine, provided that all expenses of this transaction shall be borne by Village Development Corp. Carried Unanimously. 10:20 P.M. Article 21. Presented by Fred C. Bailey. MOTION: That $4602. be appropriated, in addition to amounts previously appropriated under Articles 4 and 5 of the warrant for the ,_,,, 1977 annual town meeting, to fund cost items resulting from collective bargaining, and to raise such amount $4602. in available P.L. 94-369 (Anti-Recession Fiscal Assistance Funds) is appropriated; and in addition to the accounts listed under said Article 5, Account No. 4120 - Fire Department Collective Bargaining Unit - Personal Services be added thereto. 10:21 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that his committee supported this motion. 10:24 P.M. Motion, as presented by Mr. Bailey, carried unanimously. 10:26 P.M. Article 22, Presented by Margery M. Battin. MOTION: That the Board of Selectmen be and they are hereby authorized (See to petition the General Court for an act to amend Chapter 215 of the Chap. Acts of 1929 as amended to: 179 - Acts of (i) allow not less than nine nor more than twelve precincts, 1978.) (ii) eliminate the chairman of the cemetery commissioners as a town meeting member at large, (iii) eliminate the requirement of posting notices of adjourned town meetings in five or more public places and mailing notices to town meeting members, and (iv) bring the time for filing nomination papers for new town meeting members and incumbent town meeting members in line with Chapter 53, Section 10 of the General Laws. 10:27 P.M. (Adj. Session of the Special Town Meeting - December 12, 1977.) Article 22. Patricia K. Hagedorn moved to strike the words from subparagraph (Cont. ) (iii) "and mailing notices to town meeting members,". 10:33 P.M. Mrs. Hagedorn's motion to amend Article 22 was declared lost by voice vote. 10:34 P.M. Main motion, as presented by Mrs. Battin, declared carried unanimously. 10: 35 P.M. Margery M. Battin, Chairman of the Board of Selectmen, moved that this [11 meeting be dissolved. Carried Unanimously. 10:35 P.M. A true copy. Attest: 7fietut -7y664.0,e_ Mary R. McDonough, Town Clerk [-7 Nancy A. Bender, 97 North Street, resigned as a Town Meeting Member from Precinct Five, effective January 26, 1978. Warren Roberts, 11 Myrna Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Five at the Annual Town Election held March 7, 1977, has accepted a Town Meeting Member position in Precinct Five. This term will expire on March 6, 1978. Mr. Roberts accepted this position on January 30, 1978. As January 23, 1978 was the final day for incumbent Town Meeting Members to file as an incumbent for the 1978 Annual Town Election, it will not be possible for Mr. Roberts to run for Town Meeting Member as an incumbent at this election. Frederick V. McMenimen, Jr. , 26 School Street, resigned as a Town Meeting Member from Precinct Nine on February 15, 1978. This vacancy will not be filled at this time as it would be filled only untilEt the next Annual Town Election which will be on March 6, 1978, only nineteen days away. In accordance with Chapter 215, Acts of 1929, as amended, this vacancy would be filled at the Annual Town Election by the defeated candidate for Town Meeting Member in Precinct Nine receiving the highest number of votes. There will be no defeated candidates for Town Meeting Member in Precinct Nine at the March 6, 1978 election as there are eight candidates running for eight positions. Therefore, in accordance with Chapter 215, Acts of 1929, as amended, a special election of Precinct Nine Town Meeting Members to fill thisvacancy will be held after the March 6, 1978 Annual Town Election. The date will be set after the election. (See Page 278.) (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION MARCH 6, 1978 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington Monday, March 6, 1978 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; d—. Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Norma B. Jervis Clerk D Lorraine C. Baron D Margaret M. Potter Inspector D Phyllis C. Bradford R Virginia M. Warner Inspector D Ann M. Pace R Josephine S. Siders Inspector R A. Estelle Szalajeski Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Carol A. Goldthwait D Mary Gail Faulkingham Inspector D Marguerite A. Cronin R Winifred F. Hubbard Inspector R Mary G. McCauley D Marie E. Roberts Inspector D Bruce S. Gordon Precinct Five Precinct Six fl R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector D Helen M. Hoyle D Anne C. Williamson Inspector D Elizabeth H. Clarke R Winifred C. Ivester Inspector R Harold W. Josephson Precinct Seven Precinct Eight R Mary F. Irwin Warden R Helen L. Perry D Ann M. Baum Clerk B Rita E. Kiley R Irene Norcross Inspector R Margaret S. Wilson D Evelyn T. Lawson Inspector D Mary C. Abegg D Jean E. Rubenstein Inspector R Barbara M. Collins Precinct Nine D Mary C. Joseph Warden R Sally S. Hooper Clerk R Caroline F. Deloury Inspector R Shirley E. Bullock Inspector D Mary N. Ayvazian Inspector The election officers were sworn to the faithful performance of their duties. -A The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they -- were declared closed. (Annual Town Election - March 6, 1978. ) (X 275 The total number of registered voters in each precinct eligible to vote as of February 14, 1978 as follows: PRECINCT REPUBLICANS DEMOCRATS AMERICANS INDEPENDENTS TOTALS 1 366 1,001 0 741 2,108 2 357 1,110 3 698 2,168 3 308 837 1 727 1,873 4 565 974 1 793 2,333 5 390 965 2 790 2,147 6 633 859 2 663 2,157 7 463 970 0 721 2,154 I-- 8 473 815 0 653 1,941 9 463 916 0 828 2,207 Totals 4,018 8,447 9 6,614 19,088 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:40 P.M. Precinct Two 8:48 P.M. Precinct Three 8:45 P.M. Precinct Four 8:25 P.M. Precinct Five 8:27 P.M. Precinct Six 8:55 P.M. Precinct Seven 8:58 P.M. Precinct Eight 8:55 P.M. Precinct Nine 9:45 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 522 voters cast their vote Precinct Two 699 voters cast their vote — Precinct Three 586 voters cast their vote Precinct Four 668 voters cast their vote Precinct Five 636 voters cast their vote Precinct Six 757 voters cast their vote Precinct Seven 702 voters cast their vote Precinct Eight 689 voters cast their vote Precinct Nine 440 voters cast their vote Total 5,699 voters cast their vote 29.8% of the eligible 19,088 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON 1 0 0 0 0 0 2 3 3 0 0 0 3 8 8 0 0 0 4 8 5 3 0 0 5 3 2 1 0 0 — 6 3 3 0 0 0 7 5 5 0 0 0 8 4 4 0 0 0 9 4 3 1 0 0 Totals 38 33 5 0 0 511'f.". (Annual Town Election - March 6, 1978.) 276 ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED 1 3 2 0 1 0 2 2 1 0 1 0 3 8 6 1 1 0 4 13 9 4 0 0 5 6 5 1 0 0 6 3 3 0 0 0 7 8 6 2 0 0 ....z 8 1 0 0 0 1 9 0 0 0 0 0 Totals 44 32 8 3 1 TOTALS 82 65 13 3 1 BALLOTS REJECTED 3 1 4 1 5 3 Total 5 Rejected Pr.l Pr.2 Pr. 3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN Robert B. Kent 274 400 343 440 366 487 466 376 252 3,404 James F. Crain 295 417 314 385 334 428 406 431 289 3,299 Blanks 475 581 515 511 572 599 532 571 339 4,695 Totals 1,044 1,398 1,172 1,336 1,272 1,514 1,404 1,378 880 11,398 Robert B. Kent and James F. Crain were elected to the Board of Selectmen, each for a three year term ending in March 1981. MODERATOR Lincoln P. Cole,Jr.364 479 417 492 469 554 513 525 330 4,143 Blanks 158 220 169 176 167 203 189 164 110 1,556 Totals 522 699 586 668 636 757 702 689 440 5,699 Lincoln P. Cole, Jr. was elected Moderator for a one year term ending in March 1979. SCHOOL COMMITTEE Otis S. Brown,Jr. 258 353 286 338 314 394 295 363 268 2,869 Thomas F. Culhane 230 291 256 304 276 343 384 307 156 2,547 Blanks 34 55 44 26 46 20 23 19 16 283 Totals 522 699 586 668 636 757 702 689 440 5,699 Otis S. Brown, Jr. was elected to the School Committee for a three year term ending in March 1981. PLANNING BOARD (For Five Years) Stephen I. Owren 193 236 171 223 143 205 167 228 145 1,711 Frank Sandy 274 409 354 400 438 495 491 387 250 3,498 Blanks 55 54 61 45 55 57 44 74 45 490 Totals 522 699 586 668 636 757 702 689 440 5,699 Frank Sandy was elected to the Planning Board for a term of five years ending in March 1983. (Annual Town Meeting - March 6, 1978.) --:--y Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PLANNING BOARD (For One Year) Laura F. Nichols 290 383 334 415 380 475 446 438 254 3,415 Blanks 232 316 252 253 256 282 256 251 186 2,284 Totals 522 699 586 668 636 757 702 689 440 5,699 Laura F. Nichols was elected to the Planning Board for a term of one year ending in March 1979. Mrs. Nichols is filling the vacancy on the Planning Board --- caused by the resignation of Paul J. MacKenzie. TOWN MEETING MEMBERS - PRECINCT ONE *James Cataldo 280 *Evangeline Legassie 238 *Stephen W. Doran 370 *Bernice Manning 226 Jerome J. Green 215 *Benny A. Santosuosso 245 *Patricia K. Hagedorn 270 Blanks 1,572 *Albert P. Zabin 238 I *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO , *Julian J. Bussgang 349 *Mary M. McIver 367 *Norman N. Connolly 338 Joachim R. Sinek 175 *Frank I. Michelman 379 David W. Stumpp 212 George S. Silverman 271 Jane M. Stumpp 192 *Arthur C. Smith 381 *Carolyn C. Wilson 339 *Nancy Abelmann 303 Blanks 1,318 Karen A. Dooks 269 *Elected for three years. . TOWN MEETING MEMBERS - PRECINCT THREE **John P. Carroll 233 *Donald H. Briggs, III 256 *Erna S. Greene 281 *Joy C. Buchfirer 291 *Gloria V. Holland 276 Richard J. Comings 193 *John J. McWeeney 292 *Suanne C. Dillman 307 *James P. Reilly 278 Ira Richer 216 ***Paul V. Riffin 227 Blanks 2,424 *Elected for three years. **Elected for two years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT FOUR *Edward E. Furash 332 Anne Gilmer Berg 198 Robert M. Gary 271 ***Frederick C. Frick 312 , *Martin A. Gilman 361 *Georgia S. Glick 345 *Daniel L. McCabe 319 Stephen I. Owren 235 *Karsten Sorensen 350 *George P. Wadsworth 331 *Martin K. White 375 Blanks 1,515 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT FIVE 7 *Otis S. Brown, Jr. 317 *Barry Altman 350 ***Arthur E. Burrell 248 *Elaine Dratch 375 *Wallace Cupp 265 ***Madeline A. Shaughnessy 242 *Jonathan P. Doran 323 Martin V. Sussman 196 *Sam Silverman 326 *Ephraim Weiss 306 ***Lloyd D. Taylor 258 Blanks 2,946 Walter L. Williams 208 *Elected for three years. ***Elected for one year. , i 9 ^f^ (Annual Town Election - March 6, 1978.) TOWN MEETING MEMBERS - PRECINCT SIX ****Earl F. Baldwin, Jr. 279 Frank B. Stille 258 *Levi G. Burnell 294 *Fred C. Bailey 391 Irving Goldberg 254 *Margaret N. Brooke 295 *Paul W. Marshall 303 Charles J. Code, Jr. 241 *H. Bigelow Moore 323 ****James J. McDevitt 279 *William R. Page 313 George E. Rowe, Jr. 269 *William T. Spencer 324 Blanks 2,233 *Elected for three years. ****Tie for eighth place. Special Election March 20, 1978 to determine the winner --; of the one year term ending in March 1979. (See Page TOWN MEETING MEMBERS - PRECINCT SEVEN *Lloyd Gilson 369 *Martha C. Wood 429 *Clarice B. Gordon 351 Francis X. Fields 301 *Myron L. Miller 375 Kenneth I. Goodman 200 *David Reiner 365 ***Marthur H. Kalil 345 *William J. Scouler 406 Blanks 2,093 *Jacquelyn H. Ward 382 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT EIGHT *William P. Fitzgerald 354 *Christopher McCabe 343 *Richard A. Michelson 412 *Jack Sarmanian 413 *Laura F. Nichols 332 Blanks 1,875 *Temple E. Scanlon 313 *Shirley H. Stolz 327 Louis C. Bentley, Jr. 223 Joanne C. Fray 231 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT NINE *Joan N. L. Collins 248 *Roy Weinstein 198 *James E. Cosgrove 211 ****Anna P. Currin 20 *Richard M. Perry 245 ****Donald J. Lynah 2 *Daniel E. Power 236 ****Louise G. R. Colwell 1 *Donald J. Shaw 243 ****Robert J. Martin 3 *Daniel A. DiPietro 213 ****Patricia Hadley 1 ***Fred D. Rosenberg 172 Blanks 1,727 *Elected for three years. ****Write-in vote. ***Elected for one year. A true copy. Attest: AA-1444A i //l� /Ai Mary R. McDonough, Town Clerk Anna P. Currin, 6 School Street, Precinct 9, having received the highest number of votes (20 write-in votes) as a defeated candidate for Town Meeting Member in Precinct 9 at the March 6, 1978 Annual Town Election, accepted a position as Town Meeting Member from Precinct 9 on March 8, 1978. Mrs. Currin will fill the vacancy caused by the resignation of Frederick V. McMenimen, Jr. , 26 School Street, on February 15, 1978, for a term of one year ending in March 1979. SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT SIX March 20, 1978 I ' At the Annual Town Election held March 6, 1978 Earl F. Baldwin, Jr. and James J. McDevitt received 279 votes each for Town Meeting Member from Precinct Six, therefore creating a tie. A special election of Town Meeting Members from Precinct Six only was held Monday, March 20, 1978 at 7:30 P.M. in Estabrook Hall to determine the winner of the one year term ending March 1979. Susan S. Beck acted as Chairman of the meeting and Sam V. Nablo acted as Clerk. There were 19 Town Meeting Members from Precinct Six present. The election was held by paper ballot, counted by the Chairman and the Clerk, results as follows: Earl F. Baldwin, Jr. 8 James J. McDevitt 11 TOTAL 19 James J. McDevitt was declared elected to the one year term ending in March 1979. /Signed/ Susan S. Beck, Chairman /Signed/ Sam V. Nablo, Clerk [17 ANNUAL TOWN MEETING - MARCH 20, 1978 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at 8 P.M. in Cary Memorial Hall. There were 190 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church of Our Redeemer. 8:01 P.M. The Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:02 P.M. The Town Clerk read the Constable's Return of the warrant. 8:03 P.M. The Moderator read the Resolution adopted under Article 81 at the Adjourned "r Town Meeting held April 7, 1976 which is the Code of Ethics for Town Meeting Members. 8:04 P.M. Article 2. Donald B. White, Chairman of the Appropriation Committee, moved that the Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously. 8:05 P.M. William J. Scouler moved that the Report of the Permanent Building Committee on the Town Bandstand be accepted and placed on file. Carried Unanimously. 8:05 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that the Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:10 P.M. Margery M. Battin, Chairman of the Board of Selectmen, moved that the Town Manager's 1977 Status Report on Open Money Articles be accepted and placed on file. Carried Unanimously. 8:10 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that the projected tax rate, if all of the recommendations of his committee were adhered to, is $90.60. 8:14 P.M. The Moderator stated that Article 2 would be open throughout the meeting. 8:14 P.M. Article 3. Presented by Margery M. Battin. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously. 8:15 P.M. Article 4. Presented by Margery M. Battin. MOTION: That the following amounts be appropriated for the ensuing -- fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:15 P.M. (Annual Town Meeting - March 20, 1978.) 340 281 Article 4. At the request of Mrs. Battin, Robert M. Hutchinson, Jr. , Town Manager, (Cont.) was recognized and he proceeded to give a general run-down of the budget figures starting by listing the following goals: 1. Tax Stabilization. 2. Environmental Concerns. 3. Human Services Deliv- ery. 8:29 P.M. Moderator Cole read the following as listed under Article 4: Selectmen's Department #1000 Personal Services $52,746. 1050 Expenses 7,025. 8:30 P.M. Town Manager's Office 1060 Personal Services 81,204. 1065 Expenses 6,600. 8:30 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 24,000. 1075 Clerical Pool 8,348. 1080 Office Furniture & Fixtures 1,500. 1090 General Prof. Services 13,000. 1125 Fire & Police Medical 5,500. 1130 Director of Guides-P.S. 1,000. 1135 Out-of-State Travel 6,000. 1141 Tuition & Training Fees 14,000. 1142 In-State Travel 10,000. 8:31 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 1,000. 8:31 P.M. Town Clerk's Department 1150 Personal Services 49,640. 1200 Expenses and Vital Statistics 1,100. 8:31 P.M. Board of Appeals 1500 Personal Services 10,815. 1550 Expenses 2,585. 8:32 P.M. Planning Board 1600 Personal Services 38,655. 1650 Expenses 4,555. 8:32 P.M. Insurance 1700 Group 762,000. 1725 Unemployment Compensation Ins. 60,000. 1750 Municipal Property & Workmen's Comp. 291,203. `._ 8:32 P.M. Printing Town Report 1760 Expenses 10,000. 8:32 P.M. Law Department 1775 Law Fees 45,000. 1800 Law Expenses 12,000. 8:33 P.M. ]pX (Annual Town Meeting - March 20, 1978.) 282 Article 4. Elections (Cont.) #1900 Selectmen Jurisdiction $12,515. 1950 Town Clerk Jurisdiction 14,800. 8:33 P.M. Board of Registrars 2000 Personal Services 6,550. 2050 Expenses 9,600. 8:33 P.M. Town Committees 2250 Appropriation Committee Expenses 3,800. 2370 Misc. Committees & Board Expenses 2,450. 2380 Council on Aging Expenses 24,220.* *To which the sum of $24,220. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 2400 Town Celebrations Committee Expenses 7,000. 8:34 P.M. Historic Districts Commission 2450 Expenses 1,900. 8:34 P.M. Conservation Commission 2460 Expenses 10,090. 8:34 P.M. Recreation Committee 2470 Personal Services 107,170. 2480 Expenses 24,800. 8:34 P.M. Treasurer/Collector's Department 2500 Personal Services 73,629. 2525 Expenses 27,033. 2575 Foreclosure & Redemption 3,120. 8:35 P.M. Comptroller's Department 2800 Personal Services 90,657. 2850 Expenses 3,200. 8:35 P.M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 4,300. 2930 Office Machines-Maint. & Repair 6,500. 2935 Office Services-Copier Supplies 8,000. 2940 Metered Mail 20,250. 8:35 P.M. Assessors' Department 2950 Personal Services 55,561. 3000 Expenses 8,300. 8:36 P.M. Health Department 3250 Personal Services 39,198. 3300 Expenses 10,455. 3310 Mystic Valley Mental Health 30,853.* *To which the sum of $30,853. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3320 Tri Community Health Services 6,800. (Annual Town Meeting - March 20, 1978.) " Article 4. Health Department (Cont. ) (Cont. ) #3330 Community Services $36,297.* *To which the sum of $36,297. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 8:38 P.M. Stephen Michael Politi gave a lengthy explanation of the REPLACE budget which is included in Item #3300. 8:52 P.M. Margery M. Battin stated that the Board of Selectmen, Town Manager and L Board of Health unanimously support the REPLACE budget. 8:53 P.M. Richard M. Perry and Mary R. McDonough filed written notice that they would abstain from voting on Articles 4 and 5 due to conflict of interest. Article 4. Donald B. White, Chairman of the Appropriation Committee, moved to (Cont.) amend line item 3330 Community Services by changing the amount to be raised from $36,297. to $33,350 and substituting the amount $33,350. for the amount $36,297. in available and anticipated federal funds. 9:02 P.M. After general discussion, all of which was opposed to this amendment, Mr. White's motion to amend line item 3330 was declared lost by voice vote. 9:10 P.M. Health Department (Cont.) #3450 Rabies Clinic 2,410. 9:10 P.M. Health Jurisdiction-Dog Officer 3500 Personal Services 15,850. 3550 Expenses 4,475. 9:10 P.M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 293,665. (Of which $13,000. is to be transferred from the Parking Meter Fund) 3770 Police Dept. Collective Bargaining Unit-Pers. Serv. 790,331. * *To which the sum of $291,930. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3800 Expenses 140,525.* *To which the sum of $25,000. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3900 Parking meter maintenance 4,000.* * (of which $4,000. is to be transferred from the Parking Meter Fund) 9:13 P.M. Fire Department 4110 Fire Department Management and Staff-Pers. Serv. 80,626. 4120 Fire Dept. Collective Bargaining Unit-Pers. Serv. 965,771. 4150 Expenses 71,475. 9:14 P.M. Robert M. Hutchinson, Jr., Town Manager, in response to a question by Julian J. Bussgang, explained the Fire Department budget, especially as it pertained to the retirement of four disabled firefighters and the hiring of four civilian dispatchers. 9:21 P.M. (Annual Town Meeting - March 20, 1978. ) Article 4. Local Disaster Services (Cont.) #4300 Personal Services $ 1,500. 4350 Expenses 1,000. 9:23 P.M. Inspection Department 4450 Personal Services 65,142. 4500 Expenses 1,213. 9:23 P.M. Public Works Department 4900 D.P.W. Collective Bargaining Unit-Pers. Serv. 973,689.* *of which 15,000. is to be transferred from the Westview Perpetual Care Fund 9:23 P.M. Director of Public Works Office 4950 Public Works Mgt. and Staff Pers. Serv. 294,270. 5000 Expenses 11,100. 9:23 P.M. Engineering Department 5100 Personal Services 180,770. 5150 Expenses 6,050. 9:24 P.M. Town Buildings Maintenance 5200 Personal Services 57,296. 5250 Expenses 152,700. 9:24 P.M. Highway Maintenance 5400 Expenses 68,300. (Of which $3,000.00 is to be transferred from the Parking Meter Fund) 9:24 P.M. Road Machinery 5450 Expenses 145,300. 9:24 P.M. Snow Removal 5500 Expenses 120,650. (Of which $3,600.00 is to be transferred from the Parking Meter Fund) 9:24 P.M. Traffic Regulations & Street Signs 5550 Expenses 23,500. 9:24 P.M. Street Lights 5600 Expenses 250,000. 9:25 P.M. Sewer Maintenance & Services 5700 Expenses 58,900. 9:25 P.M. Garbage Collection 5800 Contract 72,000. 9:25 P.M. (Annual Town Meeting - March 20, 1978.) 2 5 Article 4. Sanitary Land Fill (Cont.) #5850 Expenses $108,750. 9:25 P.M. Allen Lee Whitman, Jr. moved that line item 5850 be amended by reduction to $107,750. 9:25 P.M. After general discussion, some relating to closing the dump to commercial carriers, Mr. Whitman's motion to amend line item 5850 was declared lost by voice vote. 9:36 P.M. Water Maintenance & Services 5900 Expenses 48,300. 9:36 P.M. Park 6000 Expenses 40,050. 9:36 P.M. Insect Suppression 6050 Expenses 10,500. 9:36 P.M. After questioning by Manfred P. Friedman, Mr. Moran from the East Middlesex Mosquito Control spoke on the subject of mosquito control. 9:43 P.M. Margery M. Battin stated that the Board of Health and the Board of Selectmen both unanimously support the program. 9:45 P.M. Manfred P. Friedman moved that line item 6050 be changed from $10,500 to $0. Voice vote on this motion was doubted, so a standing vote was taken as follows: (Before the Moderator appointed the tellers he stated that, at the request of the Executive Board of the Town Meeting Association, the tellers would be the Clerk of each of the precincts but that this would not be a precedent and that it would root be binding on any future Moderator.) Precinct In Favor Tellers Opposed 1 4 Stephen W. Doran 12 2 5 Donald D. Wilson 14 3 8 Erna S. Greene 9 4 11 Ruth S. Thomas 7 5 7 Guy W. Doran 10 6 10 Sam V. Nablo 6 7 14 David Reiner 5 8 2 Ione D. Garing 14 9 7 Roy Weinstein 9 At large 6 Edward E. Furash 20 r— Totals 74 106 Mr. Friedman's motion to amend line item 6050 was not adopted. 9:53 P.M. (Annual Town Meeting - March 20, 1978. ) Article 4. Shade Tree (Cont.) #6100 Expenses $ 9,600. 9:53 P.M. Dutch Elm Disease 6150 Expenses 4,200. 9:53 P.M. Richard A. Michelson moves to amend Article 4, line items #3760, 5400 and 5500 by striking the words "to be transferred from the Parking Meter Fund". 9:55 P.M. After general discussion, the motion, as offered by Mr. Michelson, was declared lost by voice vote. 10:07 P.M. Cemeteries 6400 Expenses 10,800. 10:13 P.M. Veterans' Benefits 7100 Personal Services 8,910. 7150 Administration 150. 7200 Aid & Expenses 48,000. 10:13 P.M. Grave Registrations 7250 Expenses 400. 10:13 P.M. Soldiers' Burials 7300 Expenses 250. 10:13 P.M. Cary Memorial Library 7500 Personal Services 360,805. 7550 Expenses 128,650.* *Of which $5,231.10 is to be transferred from the County Dog License Fees. 10:13 P.M. Board of Retirement 7800 Contributory Pension Fund 624,330. 7810 Pension Funding 100,000. 7825 Non-Contributory Pension 175,000. 7850 Expenses 4,950. 10:13 P.M. Otis S. Brown, Jr. , Chairman of the School Committee, stated that, because of the storm last Thursday, March 16th, the School Budget meeting had to be postponed until next Tuesday, March 28th. Therefore, the school budget would not be presented this evening. 10:20 P.M. Frank I. Michelman moved that item #7920, under Article 4, be tabled. Carried Unanimously. 10:21 P.M. 7920 (See Page 357) (Annual Town Meeting - March 20, 1978.) Article 4. (Cont.) #8100 Regional Voc. Tech. High School Assessment $517,364. 10:22 P.M. 8500 Interest on Debt 207,768. 10:22 P.M. 8525 Tax & Bond Anticipation Loans 238,667. 10:22 P.M. -- 8550 Maturing Debt 1,460,000. 10:22 P.M. Article 4, as presented by Mrs. Battin, with the exception of line item 7920 which has been tabled, declared carried unanimously by voice vote. 10:22 P.M. John F. Downey, Jr. served notice of reconsideration of Article 4. 10:23 P.M. Article 5. Presented by James F. Crain. MOTION: That $300,000.00 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the (See additional funds required for Fiscal 1979 and to appropriate such Pages amount, $300,000.00 is to be raised in the tax levy. 289 & Theamount voted is to be.,distributed amongthe following accounts as 290) authorized by the Board of Selectmen: 1000 Selectmen 1060 Town Manager 1075 Clerical Services 1130 Director of Guides 1141 Tuition and Training 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Animal Control 3760 Police Department Management and Staff 3770 Police Collective Bargaining Unit 4110 Fire Department Management and Staff 4120 Fire Department Collective Bargaining Unit 4300 Local Disaster Services 4450 Inspection 4900 D.P.W. Collective Bargaining Unit 4950 Department of Public Works Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Benefits 7500 Library 7825 Non-Contributory Pension Fund 10:25 P.M. After much discussion about the wording of the motion, which was ruled by the Moderator to be within the scope of the article, a motion to table Article 5 was made by Anthony L. Mancini. 10:48 P.M. (Annual Town Meeting - March 20, 1978.) Article 5. Voice vote on Mr. Mancini`s motion to table Article 5 was doubted, so a (Cont.) standing vote taken as follows: Precinct In Favor Tellers Opposed 1 3 Stephen W. Doran 14 2 7 Donald D. Wilson 12 3 14 Erna S. Greene 5 4 3 Ruth S. Thomas 15 5 9 Guy W. Doran 8 6 10 Sam V. Nablo 4 7 11 David Reiner 5 8 11 Ione D. Garing 3 9 13 Roy Weinstein 1 At large 5 Edward E. Furash 18 Totals 86 85 Motion to table Article 5 is adopted. 10:51 P.M. (See Pages 289 & 290) Margery M. Battin moved that the meeting be adjourned to Wednesday, March 22, 1978 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:52 P.M. A true copy. Attest: /� v c 7)11(aittii / 1 /l IL Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 22, 1978 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:08 P.M. in Cary Memorial Hall. There were 186 Town Meeting Members present. The invocation was offered by Rev. Polly Laughland of the Follen Community Church. 8:10 P.M. Otis S. Brown, Jr. , Chairman of the School Committee, introduced the Lexington High School Basketball Team and their Coach, Robert Farias. As of last Saturday, when they defeated Durfee High School of New Bedford, this team became the State Champions and they entered the hall to a standing ovation from the citizens of Lexington. Proclamations were read and presented to the coach by Frank I. Michelman for the Lexington School Committee, Alfred S. Busa for the Board of Selectmen and Moderator and _State Representative Lincoln P. Cole, Jr. for the Massachusetts House of Representatives. 8:23 P.M. James F. Crain moved that Article 5 be taken from the table. Carried by voice vote. 8:25 P.M. The Moderator stated that Article 5 was now before the meeting. 8:25 P.M. Article 5. James F. Crain, Selectman, gave a history of Article 5 and showed slides further explaining the article. 8:29 P.M. (See Pages Although many of the Town Meeting Members questioned the form of this 287 & motion, Mr. Crane stated that it was the unanimous consensus of the 288) Board of Selectmen that this article was the best way to approach the fiscal reponsibility. 8:32 P.M. After much discussion, Joseph O. Rooney moved the previous question which was declared carried by voice vote. 8:50 P.M. The motion to be voted on, as presented by Mr. Crain at the Annual Town Meeting held last Monday, March 20, 1978, is as follows: MOTION: That $300,000.00 be appropriated for the ensuing fiscal year, (Motion in addition to those authorized under Article 4 of this Warrant to fund as cost items resulting from collective bargaining and the additional funds adopted) required for Fiscal 1979 and to appropriate such amount, $300,000.00 is to be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 1060 Town Manager 1075 Clerical Services 1130 Director of Guides 1141 Tuition and Training 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Animal Control 3760 Police Department Management and Staff 3770 Police Collective Bargaining Unit 4110 Fire Department Management and Staff 4120 Fire Department Collective Bargaining Unit ? (Adjourned Town Meeting - March 22, 1978.) Article 5. (Motion under Article 5. Cont. ) (Cont.) 4300 Local Disaster Services 4450 Inspection 4900 D.P.W. Collective Bargaining Unit 4950 Department of Public Works Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Benefits 7500 Library 7825 Non-Contributory Pension Fund --] Main motion, as presented by Mr. Crain, carried by voice vote. 8:50 P.M. Article 6. Presented by Margery M. Battin. MOTION: That the sum of $30,000.00 be appropriated for Group Insurance (Account #1700) , to be used during the current fiscal year in con- junction with money appropriated under Article 4 of the warrant for the 1977 annual town meeting, and to raise such amount $30,000.00 be transferred from Municipal Property & Workmen's Compensation (Account #1750) . Carried Unanimously. 8:51 P.M. Article 7. Presented by Otis S. Brown, Jr. MOTION: That the sum of $10,884.06 be appropriated to pay the following unpaid bills rendered to the Town for the prior year: Arlington School 2,503.00 Wild Acre Inn 180.00 St. Anne's 2,517.15 Carroll School 3,817.60 ---y Crystal Springs 438.02 Crystal Springs 438.02 Crystal Springs 438.02 John G. Clark 200.00 Kennedy Memorial 352.25 and that such sum be raised in the tax levy. 8:52 P.M. Edward E. Furash stated that he would abstain from voting on this article. 8:53 P.M. Motion, as presented by Mr. Brown, carried unanimously. 8:54 P.M. Article 8. Presented by Margery M. Battin. MOTION: That the sum of $200,000.00 be appropriated for the Reserve Fund and to raise such amount $31,000.00 be transferred from the Reserve Fund-Overlay Surplus and $169,000.00 be raised in the tax levy. 8:54 P.M. Allen Lee Whitman, Jr. served notice of reconsideration of Article 6. 8:59 P.M. Article 8. Motion under Article 8, as offered by Mrs. Battin, carried unanimously. (Cont.) 8:59 P.M. r.. X (Adjourned Town Meeting - March 22, 1978.) X 291 Article 9. Presented by Otis S. Brown, Jr. MOTION: That the sum of $12,178.88 received in 1978 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously. 9 P.M. Article 10. Presented by Margery M. Battin. MOTION: That this Article be taken up after Article 19 (If Article 19 passes, the motion will be - That this article be indefinitely postponed.) Carried Unanimously. 9:01 P.M. (See Page 297) Article 11. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1979 Annual Town Meeting. Carried Unanimously. 9:02 P.M. Article 12. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:02 P.M. Article 13. Presented by Margery M. Battin. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1978, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously. 9:03 P.M. Article 14. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:03 P.M. Article 15. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $22,000.00 for such installation and land acquisition, and that to raise such amount $22,000.00 be raised in the tax levy. 9:04 P.M. -.. 4 r (Adjourned Town Meeting - March 22, 1978.) 292 Article 15. Mr. Busa and William J. Martin, Assistant Town Engineer gave explanations (Cont.) of the motion and answered questions. The motion, as offered by Mr. Busa, was declared adopted by voice vote but this decision was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 16 Stephen W. Doran 1 2 12 Donald D. Wilson 6 3 8 Erna S. Greene 12 4 5 Ruth S. Thomas 13 -4, 5 8 Guy W. Doran 11 6 5 Margaret N. Brooke 9 7 6 David Reiner 12 8 9 Ione D. Garing 7 9 3 Roy Weinstein 15 At large 17 John R. Campbell 4 Totals 89 90 Mr. Busa's motion is defeated. 9:28 P.M. Alfred S. Busa served notice reconsideration of Article 15. 9:28 P.M. Article 16. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $25,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy; and provided further that the Selectmen may install water mains in Avon Street and Earl Street provided that money for such projects is deposited li] in the Guaranteed Deposit Water and Sewer Account. 9:28 P.M. Mr. Busa stated that this would be a four year project and that it would be done by the town. 9:31 P.M. In answer to a question by Mr. Allen Lee Whitman, Jr. , Mr. Busa stated that the estimated cost would be $100,000.00. 9:34 P.M. Mr. Busa's motion carried unanimously. 9:42 P.M. Article 17. Presented by Alfred S. Busa. (See MOTION: That the Selectmen be and they hereby are authorized to construct Pages concrete, bituminous concrete or other sidewalks, at such locations as 363 & they shall determine, where the abutting owner pays one-half of the cost 364. or otherwise, and to take by eminent domain, purchase or otherwise acquire Motion any fee, easement or other interest in land and to appropriate the sum of Lost.) $34,000.00 for such construction and land acquisition, and that such amount be raised in the tax levy. 9:43 P.M. li] Mr. Busa stated that sidewalks would be constructed on the southerly side of Massachusetts Avenue from Hastings Road to Jean Road. 9:44 P.M. Fred D. Rosenberg spoke of the need for sidewalks on Wood Street and Mr. Busa stated that the Board of Selectmen was aware of the situation and that Wood Street would be a top priority next year. 9:54 P.M. (Adjourned Town Meeting - March 22, 1978.) " Article 17. Allen Lee Whitman, Jr. moved that the motion be recommitted to the (Cont.) Board of Selectmen for consultation with other town boards and to come back with high priority items. 9:57 P.M. Mr. Whitman's recommittal motion was declared lost by voice vote. 9:59 P.M. Daniel E. Power of 2246 Massachusetts Avenue, which is on the stretch for the new sidewalk, spoke in opposition and raised many questions. He then moved for indefinite postponement but this motion was declared lost by voice vote. 9:59 P.M. Main motion, as offered by. Mr. Busa, declared carried by voice vote. 9:59 P.M. Article 18. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to enter into an agreement with the Town of Arlington to provide for a sewer connection in Arlington for Patricia Terrace on such terms as they may determine including the assumption of a proportional cost of the operation of any necessary sewer pump in Arlington and the payment, if any, of Arlington sewer taxes which may be instituted. 10 P.M. Daniel E. Power served notice of reconsideration of Article 17. 10:061 P.M. Article 18. Motion, as presented by Mr. Busa under Article 1.8, carried unanimously. (Cont.) 10:07 P.M. r-- Article 19. Presented by Margery M. Battin. MOTION: (A) That the Selectmen be and they hereby are authorized to install and reconstruct sewer mains and sewerage systems in such (See accepted or unaccepted streets or other land as the Selectmen may Pages determine, subject to the assessment of betterments or otherwise, in 295- accordance with Chapter 504 of the Acts of 1897, and acts in addition 297) thereto and amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest , in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $2,500,000.00; and to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $2,500,000.00 under G.L. c.44, s.7(1) as amended; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects, provided further that the Selectmen may relocate the sewer running between Marrett Road and Grapevine Avenue on Lots 50 and 60 on Assessors' Property Map 32 provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account. (B) That the Selectmen be and they hereby are requested to study the betterment formula as set forth in Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, including making a recommendation on recovering approximately fifty per cent of the cost of sewer projects in the future. 10:08 P.M. Mrs. Battin explained that this sewer bonding would be done over the next five years to complete the Lexington sewer system and Mr. Zenner, Town Treasurer, gave an explanation of the financial situation. 10:19 P.M. Ephraim Weiss moved to amend the motion by replacing the figure $2,500,000.00 with $255,000.00 in the two places where it occurs. 10:33 P.M. V.f L _ .. (Adjourned Town Meeting - March 22, 1978.) Article 19. Mrs. Battin, Chairman of the Board of Selectmen, urged defeat of (Cont.) the amendment offered by Mr. Weiss. 10:53 P.M. After a lengthy discussion both by Mr. Weiss and Julian J. Bussgang, Arthur C. Smith moved for postponement of Article 19 until the next town meeting, with which the Selectmen concurred, and the motion to postpone Article 19 was adopted by voice vote. 10:55 P.M. (See Pages 295 - 297.) r Margery M. Battin moved that the meeting be adjourned to Monday, March 27, J 1978 at 8 P.M. in Cary Memorial Hall. Motion to adjourn adopted at 10:57 P.M. A true copy. Attest: i U 40-1,1ANAll Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MARCH 27, 1978 The meeting was called to order in Cary Memorial Hall at 8:07 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 184 Town Meeting Members present. The invocation was offered by Rev. Henry H. Clark, Pastor of the Hancock United Church of Christ. 8:08 P.M. The Moderator asked for a moment of silence for Edwin V. Bennett, a former Town Meeting Member for seven years, who had passed away since the last Annual Town Meeting. 8:09 P.M. The Moderator stated that the meeting is now open on Article 19. The motion before the meeting is the motion to amend, as offered by Mr. Ephraim Weiss at the March 22, 1978 meeting. 8:10 P.M. (See Pages 293 and 294) Article 19. (Motion under Article 19 as presented by Margery M. Battin at the March 22, 1978 meeting as follows: (See MOTION: (A) That the Selectmen be and they hereby are authorized to Page install and reconstruct sewer mains and sewerage systems in such 293) accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition (Motion thereto and amendment thereof, or otherwise, and to take by eminent as domain, purchase or otherwise acquire any fee, easement or other adopted) interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $2,500,000.00; and to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $2,500,000.00 under G.L. c.44, s.7(1) as amended; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects, provided further that the Selectmen may relocate the sewer L_ running between Marrett Road and Grapevine Avenue on Lots 50 and 60 on Assessors' Property Map 32 provided that money for such project is deposited in the Guaranteed Deposit Water and Sewer Account. (B) That the Selectmen be and they hereby are requested to study the betterment formula as set forth in Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, including making a recommendation on recovering approximately fifty per cent of the cost of sewer projects in the future.) (Motion to amend, as offered by Ephraim Weiss at the March 22, 1978 meeting, which is the motion before the meeting at this time, as follows: MOTION: to amend the motion by replacing the figure $2,500,000.00 with $255,000.00 in the two places where it occurs.) Mr. Weiss asked that, if there were no objections, his motion to amend be withdrawn. There was an objection from the meeting, so his motion to amend is still before the meeting. 8:11 P.M. fl The Moderator stated that there were seven minutes left for discussion on Mr. Weiss's motion to amend. 8:12 P.M. Margery M. Battin read a letter from a resident of Wadman Circle describing the water disposal problems at her residence. 8:15 P.M. Albert P. Zabin, Chairman of the Planning Board, commented that his board had not taken a stand on this article, but he, as an individual, urged defeat of the motion to amend and passage of the main motion. 8:17 P.M. (Adjourned Town Meeting - March 27, 1978.) Article 19. Allen Lee Whitman, Jr. stated that he had heard more comments on this (Cont.) article than on any other and he urged passage of the amendment. 8:18 P.M. Motion to amend the main motion, as offered by Mr. Weiss, declared lost by voice vote. 8:18 P.M. Mrs. Battin, speaking to the main motion, stated that Sewer Category "A" streets would be completed in three to five years and would be done in six installments. 8:25 P.M. Julian J. Bussgang, who stated that he could not vote for this motion in good conscience, said that this money will not take care of all the streets, that there would be about 70 houses left unsewered. He also felt that there should be a policy that the people should be heard from. 8:30 P.M. Jerry Martin, Assistant Town Engineer, said that the list of streets to be sewered had been recommended by the Board of Health and that there would be a Sewer Advisory Committee. 8:35 P.M. In answer to a question by Robert I. Rotberg, Jerry Martin commented that they would service immediate needs on Allen and Pleasant Streets. 8:47 P.M. In answer to Paul E. Hamburger, Robert M. Hutchinson, Jr. , Town Manager, said that there were a number of homes that had not been polled but many had filed petitions for sewers. 8:50 P.M. Jonathan P. Doran moved the previous question which was declared lost by voice vote. 8:56 P.M. Former Selectman, Fred C. Bailey, urged passage of this motion, commenting that both of the financial committees of the town also recommended passage. 9 P.M. Katherine G. Fricker asked what would happen if a resident on a Category A street did not want to be sewered. Mrs. Battin answered ,J that they would not be sewered. 9:10 P.M. Donald B. White, Chairman of the Appropriation Committee, said that his committee recommended the $2,500,000.00 bonding and felt that the Town Engineering Department could handle the work. He urged support of this article. 9:18 P.M. Answering Sam Silverman, Mrs. Battin said that the town could defer assessments for financial hardships. 9:22 P.M. Arthur C. Smith moved that the sum of $2,500,000.00 be deleted and replaced by the sum of $1,000,000.00 wherever it appears. 9:25 P.M. Selectman Mary W. Miley said that there must have been some misunder- standing and that the Sewer Advisory Committee had recommended to the Board of Selectmen the Category A streets. 9:28 P.M. William G. Fraser felt that the sewer hearings should be held prior to town meetings, not after and was answered by Town Manager Hutchinson that they do try to hold the hearings prior but there are emergency situations that do come up. 9:36 P.M. Mr. Smith's motion to amend was declared lost by voice vote. 9:36 P.M. --. As this motion required a two-thirds vote for passage, and knowing that it would not be a unanimous vote, the Moderator called for a standing vote as follows: (Adjourned Town Meeting - March 27, 1978.). Article 19. Precinct In Favor Tellers Opposed (Cont.) 1 17 Stephen W. Doran 0 2 16 Donald D. Wilson 3 3 19 Erna S. Greene 2 4 17 Ruth S. Thomas 0 5 11 Guy W. Doran 7 6 15 Sam V. Nablo 0 7 15 David Reiner 1 8 11 Ione D. Garing 2 9 14 Roy Weinstein 2 At large 22 Edward E. Furash 0 Totals 157 17 More than the required two-thirds having voted in favor, the motion is adopted. 9:40 P.M. The Moderator stated that Article 10 was now before the meeting. (The motion had been passed at the March 22, 1978 session that Article 10 be taken up after Article 19.) (See Page 291.) Article 10. Margery M. Battin moved that this article be indefinitely postponed. Carried Unanimously. 9:40 P.M. Article 20. Presented by Margery M. Battin. MOTION: That the unused borrowing authorizations voted under Article 74 of the warrant for the 1968 Annual Town Meeting, Article 4 of the warrant for the January 11, 1971 Special Town Meeting and Article 23 of the warrant for the 1973 Annual Town Meeting are hereby rescinded. Carried Unanimously. 9:42 P.M. Article 21. (See Page 299. ) Robert B. Kent moved that Article 22 be taken up out of order at this time. Carried Unanimously. 9:43 P.M. Article 22. Presented by Robert B. Kent. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town in the amount of $60,000.00 under G.L. c.44, s.6 as amended in anticipation of reimbursement by the commonwealth for highway construction under the authority of Chapter 90 of the General Laws as funded by Chapter 356 of the Acts of 1977 for all or any part of the section of Adams Street from East Street to the Burlington line. Notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obli- gation. That in development of plans for reconstruction of Adams Street, the Selectmen are hereby requested to confer at every stage with the citizens living in the neighborhood. 9:43 P.M. Mr. Kent stated that the Board of Selectmen have not endorsed the plan by the state but have designated that Adams Street would be a Chapter 90 street. 9:47 P.M. : n (Adjourned Town Meeting - March 27, 1978.) Article 22. Edward W. Jervis, Jr. spoke at length in opposition to this article (Cont.) and asked that two other residents of Adams Street, Robert E. Bayliss and Vern Countryman, be allowed to speak from the balcony. Permission was granted and both voiced their opposition. All three realize that Adams Street needs safety improvements, and they are not opposed to this, but do oppose, as well as 40 others out of 44 abutters who have signed a petition, the extent of the widening and the traffic problems that will result. 10:08 P.M. Fred C. Bailey, speaking in favor of the motion, commented that Chapter 90 streets will not be put in where the neighbors do not want them. 10:10 P.M. In answer to Mr. Albert P. Zabin, Mr. Kent gave a breakdown of the accident rate at the various intersections on Adams Street. 10:12 P.M. Mr. Kent explained that nothing would be done without consultation with the abutters and that this motion was just asking for the blessing of town meeting to proceed with plans. 10:20 P.M. Ephraim Weiss moved that Article 22 be amended as follows: A. Following the words "Acts of 1977," delete the remainder of that sentence and replace with the words: "for improvement to that section of Adams Street that intersects with North Street. " B. Following the preceding, insert the words: "and for improvement to the remainder of Adams Street to a width not greater than twenty-four (24) feet." 10:25 P.M. Mr. Weiss's motion to amend declared lost by voice vote. 10:38 P.M. Joyce Hals stated that she would be in favor of the main motion if the residents would become part of the planning process. Mr. Kent answered that they would give that guarantee. 10:47 P.M. Voice vote on main motion was doubted by the Moderator, therefore he asked for a standing vote with results as follows: Precinct In Favor Tellers Opposed 1 11 Stephen W. Doran 4 2 14 Donald D. Wilson 5 3 4 Erna S. Greene 17 4 12 Ruth S. Thomas 5 5 1 Guy W. Doran 17 6 4 Sam V. Nablo 13 7 4 David Reiner 13 8 10 Ione D. Garing 6 9 7 Roy Weinstein 10 At large 14 Edward E. Furash 7 Totals 81 97 Main motion is not adopted. 10:51 P.M. __J Margery M. Battin moved that the meeting be adjourned to Wednesday, March 29, 1978 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:52 P.M. A true copy. Attest: 41) .y. -4.12 , j Mary R. McDonough, Town Clerk r ADJOURNED TOWN MEETING - MARCH 29, 1978 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:03 P.M. in Cary Memorial Hall. There were 186 Town Meeting Members present. The invocation was offered by Dr. Alvin Porteous, Pastor of the First Baptist Church. 8:04 P.M. Article 2. James M. McLaughlin moved that the Report of the Committee Established 7-- Under Article 62 of the 1977 Annual Town Meeting (Recording Votes at Town Meeting) be accepted, placed on file and the committee discharged. Carried Unanimously. 8:05 P.M. Stephen Michael Politi moved that the Report of the 1977 - 1978 Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 8:05 P.M. The Moderator declared the meeting open on Article 21. Article 21. Presented by Alfred S. Busa. MOTION: That the sum of $116,700.00 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Depart- ment of Public Works, and that such amount be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) . 8:06 P.M. Mr. Busa listed the equipment to be purchased and to be turned in. 8:14 P.M. _ Carried Carried Unanimously. 8:14 P.M. Article 22. (See Pages 297 & 298.) Article 23. Presented by Mary W. Miley. MOTION: That the sum of $35,000.00 be appropriated for engineering services for a comprehensive study of the Town's drainage system, and that such amount be raised in the tax levy. 8:15 P.M. Mrs. Miley commented that this is the third of a six part request and that the study would be reviewed by the Board of Selectmen, Department of Public Works and other interested people in the town. 8:18 P.M. In response to a question raised by William E. Bicknell, Mrs. Miley said that the Planning Board and the Conservation Commission do support the concept and this was confirmed by Albert P. Zabin, Chairman of the Planning Board and David G. Williams, Chairman of the Conservation Commission. 8:24 P.M. Motion, as presented by Mrs. Miley, carried unanimously. 8:24 P.M. Article 24. Presented by Mary W. Miley. MOTION: That the sum of $25,000.00 be appropriated for engineering services for an inflow infiltration study of the Town's sewer system, that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. 8:25 P.M. 1 (Adjourned Town Meeting - March 29, 1978.) Article 24. There was general discussion, with many questions being answered by (Cont. ) Robert M. Hutchinson, Jr. , Town Manager and Assistant Town Engineer, William J. Martin. Mr. Martin also explained the difference of direct inflow, indirect inflow and infiltration. Motion as presented by Mrs. Miley declared carried unanimously. 9:08 P.M. Article 25. Presented by Margery M. Battin. MOTION: That the sum of $30,000.00 be appropriated for Westview —, Cemetery of which $24,000.00 shall be used for development of the cemetery and $6,000.00 shall be used for engineering and archi- tectural fees for an appropriate cemetery building, under the super- vision of the Permanent Building Committee, and that to raise such amount $24,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund and $6,000.00 be raised in the tax levy. 9:09 P.M. Mrs. Battin said that this is the third year of a twenty-five year development plan. The $6,000.00 appropriation is for architectural services for a sales and storage building. The cost of the structure will be approximately $30,000.00 and will be assigned to the Permanent Building Committee. 9:11 P.M. Ione D. Garing commented that she had heard that this building was to be a future chapel and she did not feel that the town should pay for a chapel. Mrs. Battin responded that the plan, at this time, is not for a chapel but maybe it would be in the future. 9:13 P.M. Donald B. White, Chairman of the Appropriation Committee moved that Article 25 be amended as follows to read: "That the sum of $24,000.00 be appropriated for Westview Cemetery to be used for development of the cemetery, and that to raise such amount $24,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund. " 9:13 P.M. �r Substitute motion, as presented by Mr. White, declared carried by voice vote. 9:16 P.M. Substitute motion, which is now the main motion, now reads: (Motion MOTION: That the sum of $24,000.00 be appropriated for Westview as Cemetery to be used for development of the cemetery, and that to adopted) raise such amount $24,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund. Substitute motion, which is now the main motion, declared carried unanimously. 9:16 P.M. Article 26. Presented by Margery M. Battin. MOTION: That the Selectmen be and they are hereby authorized to acquire by purchase, eminent domain or otherwise for cemetery purposes all or any part of land shown as Lot 9 on Assessors' Property Map 85 and described in deed recorded in Middlesex South Registry of Deeds, Book 9697, Page 566, now or formerly of Chin Ming and Chin Yuen Fee; to appropriate for such acquisition the sum of $70,000.00; and to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $70,000.00 under G.L. c.44, s.7(8) as amended. Carried Unanimously. 9:21 P.M. (Adjourned Town Meeting - March 29, 1978. ) cg ^ � Article 27. Presented by Robert B. Kent. MOTION: That the sum of $20,000.00 be appropriated to recondition a fire truck for the Fire Department, that such amount be raised in the tax levy, and that the Town Manager be authorized to trade in or sell another fire truck with the proceeds to be applied to the recondition- ing project. 9:22 P.M. Mr. Kent explained that engine #3 would be reconditioned and an older engine #1 would be sold. The reconditioned engine #3 should last another fifteen years whereas purchasing a new engine would cost approximately $80,000.00. 9:23 P.M. Chief Fire Engineer, John D. Bergeron explained the merits of this plan also but there was opposition from various members claiming it was sheer folly to recondition this old engine and also, rather than selling the old engine #1, it should be saved and used for spare parts. 9:37 P.M. Donald B. White stated that the Appropriation Committee supported this article. 9:38 P.M. Motion, as presented by Mr. Kent, declared carried by voice vote. 9:38 P.M. James M. McLaughlin served notice of reconsideration of Article 27. 9:38 P.M. Article 28. Presented by Mary W. Miley. MOTION: That the sum of $45,000.00 be appropriated for providing (See curbside collection of recyclables, and that such amount be raised page in the tax levy. 9:39 P.M. '—" 310 for Mrs. Miley stated that 20,000 tons of waste per year goes into the motion landfill and the revenue from the recycling this year has been as $37,604.00. 9:46 P.M. adopted) Wiltrud R. Mott-Smith moved that Article 28 be amended to read, following the words "raised in the tax levy" (comma) "provided that the disposal of these recyclables other than through curbside collection or in designated receptacles at the sanitary landfill shall be prohibited." 9:48 P.M. Mrs. Mott-Smith requested permission for John Rankin, who had asked her to present this motion, to speak from the balcony. Permission was granted and Mr. Rankin gave an explanation of the motion. 9:50 P.M. The Moderator doubted the voice vote on Mrs. Mott-Smith's amendment and therefore asked for a standing vote. 9:55 P.M. Richard A. Michelson moved for a roll call vote and, at the request of the Moderator, the following standing vote was taken on the motion for a roll call vote: Precinct Tellers In Favor 1 Stephen W. Doran 5 2 Donald D. Wilson 5 3 Erna S. Greene 4 4 Ruth S. Thomas 4 5 Guy W. Doran 4 6 Sam V. Nablo 4 7 David Reiner 3 8 Ione D. Garing 9 9 Roy Weinstein 7 At large John R. Campbell 5 Total 50 9:58 P.M. c-- e-- (Th (Adjourned Town Meeting - March 29, 1978. ) Article 28. As there were fifty members requesting a roll call vote on the motion (Cont.) to amend, as offered by Mrs. Mott-Smith, the Moderator called for the roll call vote. The roll call vote on Mrs. Mott-Smith's motion to amend Article 28 was taken by the Town Clerk, Mary R. McDonough, starting at 10:01 P.M. and completed at 10:15 P.M. with the result as follows: (Final result announced by the Moderator at 10:18 P.M.) ROLL CALL VOTE ON AMENDMENT ON ARTICLE 28 PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, Sheila M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Homer J. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Reed, Haskell W. x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela M. x Zabin, Albert P. x Zabin, Judith L. x TOTALS 7 13 0 1 PRECINCT TWO ,.�. Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Hadley, William P. x MacArthur, Lillian T. x McIver, Mary M. x Michelman, Frank I. x Mott-Smith, Wiltrud R. x O'Brien, Edward x O'Neil, William J. x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x j TOTALS 10 9 0 2 (Adjourned Town Meeting - March 29, 1978. ) _ _ Article 28. ROLL CALL VOTE ON AMENDMENT ON ARTICLE 28 (Cont. ) (Cont.) PRECINCT THREE YES NO ABSTAINED ABSENT Bowyer, Robert A. x Briggs, Donald H. , III x Briggs, Donald H. , Jr. x Buchfirer, Joy C. x Busa, Guy D. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x Rif fin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Sousa, Richard W x TOTALS 7 13 0 1 PRECINCT FOUR Abegg, Gerald L. x Barnert, Nyles Nathan x Dailey, William J. , Jr. x Fenn, Dan H. , Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Furash, Edward E. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x TOTALS 13 6 0 2 PRECINCT FIVE Altman, Barry x Berchtold, Jane E. x Brown, Otis S. , Jr. x Burrell, Arthur E. x Cravis, Howard x Cupp, Wallace x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Graham, Donald M. x Hamburger, Paul E. x Jervis, Edward W. , Jr. x McCormack, George F. x Patkin, Judith K. x Shaughnessy, Madeline A. x (Adjourned Town Meeting - March 29, 1978.) Article 28. ROLL CALL VOTE ON AMENDMENT TO ARTICLE 28 (Cont.) (Cont.) PRECINCT FIVE (Cont.) YES NO ABSTAINED ABSENT Silverman, Sam x Taylor, Lloyd D. x Weiss, Ephraim x Williams, David G. x TOTALS 11 8 0 2 f—' PRECINCT SIX Bailey, Fred C. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Crothers, Joan P. x Downey, John F. , Jr. x Hall, Harry A. , III x Harvell, John T. x Kenney, Allan F. x Marshall, Paul W. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 15 4: 0 2 PRECINCT SEVEN Bond, Robert E. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Grace, Leo J. x Kalil, Marthur H. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Sullivan, Richard L. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn M. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Whitman, Allen Lee, Jr. x Wood, Martha C. x TOTALS 15 6 0 0 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Burbidge, Robert J. x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x (Adjourned Town Meeting - March 29, 1978.) r � Article 28. ROLL CALL VOTE ON AMENDMENT TO ARTICLE 28 (Cont. ) (Cont.) PRECINCT EIGHT (Cont. ) YES NO ABSTAINED ABSENT Mancini, Anthony L. x McCabe, Christopher x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Plasse, Paul A. x -- Richardson, Albert S. , Jr. x Sarmanian, Jack x Scanlon, Temple E. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x TOTALS 8 11 0 2 PRECINCT NINE Albertine, Donald F. x Barnes, Gordon E., Jr. x Buckley, James J. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Hinkle, Alice M. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 11 9 0 1 AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x TOTALS 0 7 2 0 - ,,. (Adjourned Town Meeting - March 29, 1978.) % Article 28. ROLL CALL VOTE ON AMENDMENT TO ARTICLE 28 (Cont.) (Cont.) FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 7 13 0 1 21 Precinct Two 10 9 0 2 21 Precinct Three 7 13 0 1 21 Precinct Four 13 6 0 2 21 Precinct Five 11 8 0 2 21 Precinct Six 15 4 0 2 21 Precinct Seven 15 6 0 0 21 Precinct Eight 8 11 0 2 21 Precinct Nine 11 9 0 1 21 At Large 0 7 2 0 9 TOTALS 97 86 2 13 198 Amendment to Article 28, as offered by Wiltrud R. Mott-Smith, declared adopted. 10:18 P.M. Mary W. Miley served notice of reconsideration of the amendment offered under Article 28 by Wiltrud R. Mott-Smith. 10:19 P.M. Article 28. Manfred P. Friedman moved that Article 28 be tabled. 10:22 P.M. (Cont.) Motion to table Article 28 declared carried by voice vote. 10:22 P.M. (See Pages 308 - 310 inc. See Page 310 for motion as adopted) Article 29. Presented by Mary W. Miley. MOTION: That the sum of $40,000.00 be appropriated for engineering studies relating to the feasibility of constructing a solid waste transfer station and for plans and specifications for such a facility, and that such amount be raised in the tax levy. 10:23 P.M. After Mrs. Miley gave a short explanation, Donald B. White stated that the Appropriation Committee opposed this article. 10:27 P.M. Although the Town Manager, Robert M. Hutchinson, Jr. , explained that this money might not have to be spent, that it was being requested in case a transfer station had to be built and that it showed the town's good faith to the state, there was much opposition from the members and many questions were raised. In response to a question from Manfred P. Friedman whether this transfer station would be just for the Town of Lexington or whether it could be used by other towns, Mr. Hutchinson said that it could service other towns but at this point it would be built, if necessary, for Lexington. 10:56 P.M. William M. Fraser moved that Article 29 be recommited to the Board of Selectmen (to no time certain as noted by the Moderator, so that it could come to the meeting next Monday or at any time) but this motion was defeated by voice vote. 11:08 P.M. :=1 Patricia K. Hagedorn presented a substitute motion as follows: MOTION: That the sum of $40,000.00 be appropriated for engineering studies relating to solid waste disposal and that such amount be raised in the tax levy. 11:19 P.M. After general discussion the Moderator asked for a voice vote on Mrs. Hagedorn's motion, and, when in doubt of the result, he asked for a standing vote, results as follows: (Adjourned Town Meeting - March 29, 1978.) Article 29. Standing vote on Mrs. Hagedorn's substitute motion: (Cont.) Precinct In Favor Tellers Opposed 1 4 Stephen W. Doran 10 2 6 Donald D. Wilson 13 3 14 Erna S. Greene 5 4 2 Ruth S. Thomas 15 5 2 Guy W. Doran 16 6 9 Sam V. Nablo 7 7 7 David Reiner 10 8 4 Ione D. Garing 11 9 13 Roy Weinstein 4 At large 3 John R. Campbell 14 Totals 64 105 motion Mrs. Hagedorn's substitute/was not adopted. 11:33 P.M. The Moderator stated that the main motion, as presented by Mary W. Miley, was now before the meeting. John F. Downey, Jr. moved the previous question which was declared carried by voice vote. 11:34 P.M. The Moderator declared the main motion adopted, by voice vote which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 9 2 13 Donald D. Wilson 5 3 10 Erna S. Greene 8 4 10 Ruth S. Thomas 7 5 10 Guy W. Doran 8 6 13 Sam V. Nablo 2 7 13 David Reiner 4 8 9 Ione D. Garing 6 9 8 Roy Weinstein 9 At large 11 John R. Campbell 9 Totals 102 67 Main motion, as presented by Mary W. Miley, declared adopted. 11:37 P.M. Frank Sandy serves notice of reconsideration of Article 29. 11:37 P.M. Margery M. Battin moved that the meeting be adjourned to Monday, April 3, 1978 at 8 P.M. in Cary Memorial Hall. Carried Unanimously. 11:38 P.M. A true copy. Attest: R _ ) G yr Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 3, 1978 In the absence of the Moderator, Lincoln P. Cole, Jr. (State Representative Cole was at the State House at a legislative session) , Town Clerk, Mary R. McDonough called the meeting to order at 8:03 P.M. in Cary Memorial Hall. In accordance with Article V, Section 1 of the General By-Laws of the Town of Lexington the next order of business was to elect a Temporary Moderator for this session of town meeting. The Town Clerk asked for nominations from the floor. Margery M. Battin nominated Robert B. Kent. James M. McLaughlin nominated Stephen Michael Politi who declined the nomination. After hearing no more nominations, the Town Clerk announced that nominations were closed. On a voice vote, Robert B. Kent was declared Temporary Moderator for this session of town meeting and was sworn to the faithful performance of his duties by the Town Clerk at 8:05 P.M. In the absence of a clergyman, Fred C. Bailey, Town Meeting Member from Precinct 6, offered the invocation. 8:06 P.M. There were 183 Town Meeting Members present. Mary W. Miley moved that Article 28 be taken from the table which was declared carried by voice vote. 8:07 P.M. (See Pages 301 - 306 inc.) Article 28. In response to a question raised by Lilah H. Groisser, the Temporary Moderator ruled that the amendment, as offered by Mrs. Mott-Smith at the March 29, 1978 session of this town meeting, was within the (See scope of the article. 8:09 P.M. Page 310 for Mary W. Miley moved for reconsideration of the amendment offered by motion Wiltrud R. Mott-Smith. 8:10 P.M. as adopted) Mrs. Miley stated that, if the amendment as offered by Mrs. Mott- Smith is adopted, the Board of Selectmen would have difficulty in enforcement and also that many people in the town have contracts with private contractors and this would create problems. She urged reconsideration and then defeat of the amendment in order that the Selectmen could offer another amendment. 8:12 P.M. At the request of two members, the Temporary Moderator read the main motion and the amendment as follows: Main motion, as presented by Mrs. Miley on March 29, 1978: MOTION: That the sum of $45,000.00 be appropriated for providing curbside collection of recyclables, and that such amount be raised in the tax levy. Amendment to main motion, as presented by Mrs. Mott-Smith on March 29, 1978: MOTION: That Article 28 be amended to read, following the words "raised in the tax levy" (comma) "provided that the disposal of these recyclables other than through curbside collection or in designated receptacles at the sanitary landfill shall be prohibited." 8:25 P.M. Mr. Kent commented that the time for discussion on a motion to reconsider is thirty minutes and that that time had almost expired. 8:37 P.M. Fred C. Bailey, former member of the Board of Selectmen, stated that if the amendment was adopted, it would create an impossible situation for the Selectmen. On March 29, 1978 he voted for this amendment, but after giving it a great deal of thought, he now feels differently and will vote against it. 8:38 P.M. (Adjourned Town Meeting - April 3, 1978.) c-. T Article 28. Mary E. Shunney moved the previous question. This motion was (Cont.) declared carried by voice vote. 8:41 P.M. Motion to reconsider Mrs. Mott-Smith's amendment declared carried by voice vote. 8:41 P.M. The Temporary Moderator stated that the motion on the floor at this time is the amendment as offered by Mrs. Mott-Smith as an amendment to the main motion. 8:42 P.M. Sam Silverman questioned the Selectmen relative to putting a time certain in their amendment when it is offered. Mrs. Miley responded that the Selectmen had discussed a time certain, but felt that it would be better if they appointed people who are interested to come back at the next town meeting with a proposal. 8:47 P.M. Allen Lee Whitman, Jr. moved to amend the amendment by adding the words "and the implementation of this vote shall be as the Selectmen shall determine." 8:47 P.M. The question before the meeting, according to the Temporary Moderator, is Mr. Whitman's motion to amend. 8:50 P.M. Mrs. Miley stated that four members of the Board of Selectmen (the fifth member being Temporary Moderator, Robert B. Kent who declined comment) were opposed to this amendment as offered by Mr. Whitman. 8:53 P.M. Mr. Whitman's motion to amend declared lost by voice vote. 8:53 P.M. Wiltrud R. Mott-Smith moved to amend by substitution. She moved to strike motion to amend by substituting: after "tax levy", remove period, add comma "and that the Selectmen be requested to present to the next Annual 71 Town Meeting a plan for mandatory recycling, together with such alternative recycling plans as they may find suitable." 8:58 P.M. Mr. Kent stated that the question now comes on motion to substitute. 8:58 P.M. Iris E. Larssen moved the previous question which was declared carried by voice vote. This vote was doubted by more than twenty members, so a standing vote was to be taken. 9:03 P.M. In order that the meeting would be aware of the order of business, the Temporary Moderator explained that the standing vote would be to see if the question should now be put before the meeting. If the previous question motion is adopted, the next would be the motion to substitute. Next would be to vote on the survivor of the two amendments. Then the vote would be on the main motion with amendment or not. 9:03 P.M. Standing vote on previous question: Precinct In Favor Tellers Opposed 1 16 Stephen W. Doran 2 2 11 Donald D. Wilson 7 3 14 Erna S. Greene 6 4 18 Ruth S. Thomas 0 5 14 Guy W. Doran 5 6 10 Sam V. Nablo 7 7 10 David Reiner 7 8 14 Ione D. Garing 2 9 11 Roy Weinstein 3 At large 13 Harry A. Hall, III 3 Totals 131 42 Previous question motion declared adopted. 9:08 P.M. 1 ' (Adjourned Town Meeting - April 3, 1978.) Article 28. Mrs. Mott-Smith's motion to substitute a motion for her first amendment (Cont. ) declared carried by voice vote. 9:10 P.M. Mrs. Mott-Smith's substitute motion declared carried by voice vote. 9:12 P.M. Main motion, as amended, now reads: (Motion MOTION: That the sum of $45,000.00 be appropriated for providing as curbside collection of recyclables, and that such amount be raised adopted) in the tax levy, and that the Selectmen be requested to present to the next Annual Town Meeting a plan for mandatory recycling, together with such alternative recycling plans as they may find suitable. Main motion as presented by Mrs. Miley and amended by Mrs. Mott- Smith declared adopted. 9:19 P.M. (Adopted by voice vote) Article 29. (See Pages 306 & 307.) Article 30. James F. Crain moved that Article 30 be postponed until the Temporary Moderator, Robert B. Kent is available and further moved that Article 31 be taken up at this time. Carried Unanimously. 9:20 P.M. (See Page 313.) Article 31. Presented by James F. Crain. MOTION: That the sum of $2,000.00 be appropriated, in addition to the amount appropriated under Article 71 of the warrant for the 1974 annual town meeting, to be placed in a special fund to pay employees of the Town who perform off-duty work details related to their regular employment as provided in G.L. c.44 s53C, and that such amount be raised in the tax levy. Carried Unanimously. 9:22 P.M. Article 32. Presented by Margery M. Battin. MOTION: Whereas more than 4,000 persons in Lexington are 60 years of age or older, (greater than 10% of the population) and there is no adequate space currently available in Lexington for said Senior Citizens to meet on a daily basis, and whereas a Senior Center would help alleviate loneliness for the many senior citizens who live by them- selves, provide intellectual stimulation, provide a place to develop and pursue interests, provide a place to congregate for meals, and provide information and referral; and whereas spaces are needed as a day care center for the frail elderly to help them maintain themselves in their own home environment. Therefore, this Town Meeting resolves to request prompt action by the Board of Selectmen and the Senior Center Site Committee to develop a plan for permanent, and if necessary, temporary facilities to serve adequately the needs of our senior citizens as set forth above. It is further resolved that a written progress report is requested on or before May 15, 1978. 9:24 P.M. William Sen, Chairman of the Council on Aging, was recognized at the request of Roy Weinstein, Town Meeting Member and also a member of the Council on Aging. Mr. Sen spoke to the needs of the elderly and of the necessity of having a first floor office for the CoA rather than the second floor of the Visitors Center as they presently have. 9:35 P.M. Mrs. Battin commented that the Board of Selectmen unanimously supports this article and that they have appointed the Senior Center Site Committee to study the various sites and that they are to report back to the Board with a progress report by May 15, 1978. 9:35 P.M. (Adjourned Town Meeting - April 3, 1978.) Article 32. Joseph O. Rooney, Chairman of the Lexington Housing Authority, (Cont.) commented that the facilities at Greeley Village and Vynebrooke Village were for their own use only and that requests for their use had been denied in the past. This was in response to former housing authority member Daniel E. Power who felt that these facilities could be utilized. After much discussion, Harry A. Hall, III moved the previous question which was declared carried by voice vote. 10:05 P.M. Main motion, as presented by Mrs. Battin, declared carried by voice vote. 10:05 P.M. Article 33. Presented by Margery M. Battin. MOTION: That this article be referred through the Selectmen to the Senior Center Site Committee for study, with the request that a written progress report be rendered on or before May 15, 1978. Carried Unanimously. 10:06 P.M. Article 34. Presented by Otis S. Brown, Jr. MOTION: That the care, custody, management and control of the Parker (Motion School and the land adjoining it be transferred from the School Depart- as ment to the Board of Selectmen effective August 1, 1978; to appropriate adopted) for such care, custody, management and control the sum of $10,000.00 therefor; that such amount be raised in the tax levy; and that the School Committee be authorized to dispose of surplus personal property and material in connection with the transfer of surplus buildings and the use of remaining buildings. 10:07 P.M. r-- Mr. Brown explained that this motion is a result of a vote of the School Committee on February 14, 1978 to close Parker School. 10:07 P.M. Mary W. Miley stated that the Board of Selectmen supported this motion and one of the reasons that there was an increase in the appropriation over what was asked for the closing of the Hancock School last year is that this school may need to be boarded up. 10:08 P.M. Weiss Ephraim/moved to amend the motion by deleting the words "and the use of remaining buildings." 10:10 P.M. Mr. Weiss's motion to amend was declared lost by voice vote. 10:17 P.M. Norman P. Cohen, Town Counsel, stated that the motion was not a mis- print and that it was worded as the Superintendent of Schools and the School Committee wished. This was in response to a question raised by Allen Lee Whitman, Jr. 10:18 P.M. The reason for the wording, as explained by Mr. Brown and later by Patricia A. Swanson, both members of the School Committee, was to allow the committee to sell, by putting out to bids, surplus property such as desks, chairs etc. 10:18 P.M. Sam Silverman moved that following the words "effective August 1, 1978" the following is inserted: Such custody and control to be exercised in such manner as to maintain land and building for public use. 10:19 P.M. Mr. Silverman, after consultation with Town Counsel, said that if there were no objections, which there were not, he would change the wording of his amendment by inserting these words in place of the words in his original amendment: It is the desire of this town meeting that a public use ultimately be found for this land and building. Mr. Silverman's motion to amend the main motion declared lost by voice vote. 10:33 P.M. (Adjourned Town Meeting - April 3, 1978. ) Article 34. Arthur C. Smith moved that the words "not exceeding one thousand (Cont.) dollars in value" be inserted following the phrase "surplus personal property and material". This motion was declared lost by voice vote. 10:34 P.M. Robert I. Rotberg asked what "and the use of remaining buildings" means. Norman P. Cohen, Town Counsel, answered that it does what the School Superintendent and the School Committee wants because they have surplus property in other schools. 10:36 P.M. Sheila M. Busa moved the previous question, which was declared carried by voice vote. 10:37 P.M. __J -� Main motion, as presented by Mr. Brown, declared carried unanimously. 10:38 P.M. Margery M. Battin moved that the meeting be adjourned to Wednesday, April 5, 1978 at 8 P.M. in Cary Memorial Hall which was declared carried by voice vote. 10:38 P.M. A true copy. Attest: -?/7ki44-": 727)*14 / U n Mary R. McDonough, Town Clerk J ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 5, 1978 - - Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:03 P.M. in Cary Memorial Hall. There were 181 Town Meeting Members present. Invocation offered by Rev. S. Michael Hahm, Pastor of the Lexington Methodist Church. 8:06 P.M. Margery M. Battin, stated that the Board of Selectmen would recommend, if town meeting did not finish next week, that there be no town meetings during the week F-- of school vacation April 17 - 21, 1978. 8:07 P.M. The Moderator stated that the meeting is open on Article 30. (See Page 310.) Article 30. MOTION: That the sum of $15,000.00 be appropriated in addition to money previously appropriated, for a revaluation of all taxable (Presented property in the Town, and that such amount be raised in the tax levy. by 8:07 P.M. Robert B. Kent) Mr. Kent explained that $46,000.00 has been appropriated in the last three years ($30,000.00 in 1975; $15,000.00 in 1976; $1,000.00 in 1977) and that the estimated cost of professional services to adequately reassess Lexington property is $160,000.00. The last full revaluation was done in 1962 and since that time 1,322 single family homes have been added. As this revalutation is mandated by the state, a suit against twenty-three communities has been brought by the state because of their failure to revalue. The appropriation by the Town of Lexington does not guarantee that a suit wont be brought against the town by the state but it does show a measure of their good faith. Mr. Kent further explained the need for a periodic professional inventory and felt that that time is approaching. Approximately 6% of the valuation of the town is beyond the reach of the Assessors - this is utility property. 8:13 P.M. r-- In response to a question raised by Ephraim Weiss, Thomas M. Wenham, Clerk to the Board of Assessors, explained that when everything is updated the town intends to go to computerization. Mr. Kent commented that the Board of Selectmen have asked the Town Manager to study computerization with other departments of the town as well as the Assessors office. 8:25 P.M. James J. McDevitt questioned whether the town would be complying with the law by reassessing property built since 1962. He felt that this could result in a savings for the town. Mr. Kent answered that there are variations in value with older homes because of additions, depreciation etc. so this would not be practical or feasible. 8:27 P.M. Main motion, as presented by Mr. Kent, carried unanimously. 8:33 P.M. Article 35. Presented by Judith J. Uhrig. (Motion MOTION: That the sum of $45,000.00 be appropriated for final plans as and specifications for an outdoor swimming pool complex at the present adopted) site of the Centre Pool Complex, under the supervision of the Permanent Building Committee, and that such amount be raised in the tax levy. 8:35 P.M. Mrs. Uhrig said that this is the second stage of the Centre Pool Complex and gave the history of the pool. 8:42 P.M. Frederick David Wells, Jr. , a member of the Recreation Committee, showed slides of the plans as he gave a further explanation. Cost estimates, as prepared by Sasaki Associates, Inc. , were given as $682,000.00. 8:53 P.M. At the request of Georgia S. Glick, Mrs. Eileen Spencer, a Lexington resident, was recognized from the balcony and she spoke of the needs of the physically handicapped and mentally retarded. 8:56 P.M. ` " (Adjourned Town Meeting - April 5, 1978.) Article 35. Alfred S. Busa moved to amend the motion by striking the sum of (Cont. ) $45,000.00 and substituting therefor the sum of $35,000.00. 8:57 P.M. After general discussion, Sam Silverman asked for a waiver on the time limitation for discussion on the amendment. The Moderator stated that there is no provision in the Town of Lexington General By-Laws, and therefore, in accordance with Roberts Rules, the rules cannot be suspended. 9:10 P.M. Allen Lee Whitman, Jr. asked if the amendment could be withdrawn and Alfred S. Busa withdrew his motion to amend as there were no objections from the meeting. 9:11 P.M. Margery M. Battin said that three members of the Board of Selectmen supported Mrs. Uhrig's motion. 9:17 P.M. Selectman James F. Crain commented that he realized the need for the improvements at the Centre Pool Complex but was concerned with the costs. 9:23 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that a majority of the committee supported the $45,000.00. They realize that something must done but they are also concerned about the high costs and therefore, they also support Mr. Busa's motion to amend. 9:33 P.M. Alfred S. Busa again presented his motion to amend by striking the sum of $45,000.00 and substituting therefor the sum of $35,000.00. 9:35 P.M. Albert P. Zabin stated that a majority of the Planning Board supports the main motion and are opposed to the amendment. 9:40 P.M. Allen Lee Whitman, Jr. requests that a standing vote be taken on the motion to amend. 9:47 P.M. Standing vote on amendment as follows: Precinct In Favor Tellers Opposed 1 13 Stephen W. Doran 4 2 7 Donald D. Wilson 10 3 2 Erna S. Greene 16 4 2 Ruth S. Thomas 16 5 7 Guy W. Doran 12 6 2 Sam V. Nablo 15 7 2 David Reiner 14 8 9 Ione D. Gering 6 9 5 Roy Weinstein 11 At large 8 Edward E. Furash 11 Totals 57 115 Mr. Busa's motion to amend was not adopted. 9:50 P.M. The Moderator stated that the main motion is now before the meeting. Albert S. Richardson, Jr. requests that a standing vote be taken on the main motion. 9:50 P.M. Marian C. Reilly moved that the motion under Article 35 be amended by striking the words an outdoor and substitute the word a and after the word complex to add the following words: of which at least the main pool, the diving pool and the locker room will be enclosed and made suitable for year around use. 9:54 P.M. Daniel E. Power moved the previous question which was declared carried by voice vote. 9:59 P.M. (Adjourned Town Meeting - April 5, 1978. ) 4.)-, ;- Article 35. Mrs. Reilly's motion to amend declared lost by voice vote. 10 P.M. (Cont. ) Stephen W. Doran moved that a roll call vote be taken on the main motion. 10 P.M. The Moderator asked for a standing vote for those in favor of a roll call vote, results as follows: Precinct Tellers In Favor 1 Stephen W. Doran 13 2 Donald D. Wilson 10 3 Erna S. Greene 9 4 Ruth S. Thomas 8 5 Guy W. Doran 7 6 Sam V. Nablo 1 7 David Reiner 6 8 Ione D. Garing 8 9 Fred D. Rosenberg 6 At large Edward E. Furash 6 Total 74 More than the required fifty members having voted in favor of a roll call vote, the Moderator declared that a roll call would be taken on the main motion offered under Article 35. The roll call vote on the main motion offered by Judith J. Uhrig was taken by the Town Clerk, Mary R. McDonough, starting at 10:02 P.M. and completed at 10:13 P.M. with the result as follows: (Final result announced by the Moderator at 10:18 P.M. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 PRECINCT ONE YES NO ABSTAINED ABSENT John T. Avery x James E. Barry x Vito M. Bellino x Sheila M. Busa x William A. Busa x James Cataldo x Ralph A. Cataldo x William R. Cataldo x Sheila Clemon-Karp x Stephen W. Doran x Homer J. Hagedorn x Patricia K. Hagedorn x Evangeline Legassie x William E. Maloney, Jr. x Bernice Manning x Haskell W. Reed x Barry E. Sampson x Benny A. Santosuosso x Pamela M. Stone x Albert P. Zabin x Judith L. Zabin x Totals 6 12 0 3 r'- PRECINCT TWO Nancy Abelmann x William E. Bicknell x Julian J. Bussgang x Elizabeth H. Clarke x Eric T. Clarke x Norman N. Connolly x William P. Hadley x Lillian T. MacArthur x Mary M. McIver x Frank I. Michelman x Wiltrud R. Mott-Smith x Edward O'Brien x w 6 (Adjourned Town Meeting - April 5, 1978. ) Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont. ) (Cont.) PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT William J. O'Neil x Michael J. O'Sullivan x Elizabeth H. Pressman x Arthur C. Smith x Patricia A. Swanson x Judith J. Totman Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x Totals 13 5 0 3 PRECINCT THREE Robert A. Bowyer x Donald H. Briggs, III x Donald H. Briggs, Jr. x Joy C. Buchfirer x Guy D. Busa x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x Lilah H. Groisser x Gloria V. Holland x Jeanne K. Krieger x John J. McWeeney x James P. Reilly x Marian C. Reilly x William A. Ridgley Paul V. Rif fin x Marie E. Roberts x Robert I. Rotberg x Richard W. Souza x Totals 12 7 0 2 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x William J. Dailey, Jr. x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Edward E. Furash x Martin A. Gilman x Georgia S. Glick x Joyce Hals x Susan C. Hodgkins x Daniel L. McCabe x Richard F. Perry x Joseph 0. Rooney x Sandra J. Shaw x Karsten Sorensen x �' Ruth S. Thomas x Judith J. Uhrig x George P. Wadsworth x Martin K. White x Totals 16 5 0 0 (Adjourned Town Meeting - April 5, 1978.) Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.) (Cont. ) PRECINCT FIVE YES NO ABSTAINED ABSENT Barry Altman x Jane E. Berchtold x Otis S. Brown, Jr. x Arthur E. Burrell x Howard Cravis x Wallace Cupp x �--- Guy W. Doran x Jonathan P. Doran x Elaine Dratch x Edward R. DuBois x William M. Fraser x Donald M. Graham x Paul E. Hamburger x Edward W. Jervis, Jr. x George F. McCormack x Judith K. Patkin x Madeline A. Shaughnessy x Sam Silverman x Lloyd D. Taylor x Ephraim Weiss x David G. Williams x Totals 14 5 0 2 PRECINCT SIX Fred C. Bailey x Susan S. Beck x Margaret N. Brooke x Levi G. Burnell x J. Keith Butters x Joan P. Crothers x John F. Downey, Jr. x Harry A. Hall, III x John T. Harvell x Allan F. Kenney x Paul W. Marshall x James J. McDevitt x H. Bigelow Moore x Sam V. Nablo x Setha G. Olson x William R. Page x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x Totals 18 2 0 1 PRECINCT SEVEN Robert E. Bond x John R. Campbell x r-7 Manfred P. Friedman x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Leo J. Grace x Marthur H. Kalil x Myron L. Miller x Alice M. Pierce x David Reiner x William J. Scouler x Richard L. Sullivan x John E. Taylor x Roger G. Trudeau x Jacquelyn H. Ward x , (Adjourned Town Meeting - April 5, 1978.) Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.) (Cont. ) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Allen Lee Whitman, Jr. x Martha C. Wood x Totals 19 2 0 0 PRECINCT EIGHT Richard H. Battin x G. Richard Beamon x Robert J. Burbidge x John E. Carlson x Charles E. Connolly x William P. Fitzgerald x Ione D. Garing x Anthony L. Mancini x Christopher McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x Paul A. Plasse x Albert S. Richardson, Jr. x Jack Sarmanian x Temple E. Scanlon x Frank L. Shunney x Mary E. Shunney x Francis W. K. Smith x Shirley H. Stolz x Totals 8 9 0 4 PRECINCT NINE Donald F. Albertine x Gordon E. Barnes, Jr. x James J. Buckley, Jr. x Jane P. Buckley x Joan N. L. Collins x Ronald W. Colwell x Louis E. Conrad x James E. Cosgrove x Anna P. Currin x Daniel A. DiPietro x Alice M. Hinkle x Iris E. Larssen x Paul E. Mazerall x Richard M. Perry x Stephen Michael Politi x Clifford B. Porter x Daniel E. Power x Fred D. Rosenberg x James J. Scanlon x Donald J. Shaw x Roy Weinstein Totals 12 5 0 4 (Adjourned Town Meeting - April 5, 1978.) r Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.) (Cont. ) 1 AT LARGE YES NO ABSTAINED ABSENT Margery M. Battin x Alfred S. Busa x Norman P. Cohen x Lincoln P. Cole, Jr. x James F. Crain x Robert B. Kent x Mary R. McDonough x Mary W. Miley x Louis A. Zehner x Totals 4 3 2 0 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS 1 6 12 0 3 21 2 13 5 0 3 21 3 12 7 0 2 21 4 16 5 0 0 21 5 14 5 0 2 21 6 18 2 0 1 21 7 19 2 0 0 21 8 8 9 0 4 21 9 12 5 0 4 21 At large 4 3 2 0 9 Totals 122 55 2 19 198 Main motion as offered by Mrs. Uhrig declared adopted. 10:18 P.M. Article 36. Judith J. Uhrig moved that the motion under Article 36 be postponed to Monday, April 10, 1978. Carried by voice vote. 10:19 P.M. (See Pages 321-323 and Page 329 for adopted motion.) Article 37. Presented by Judith J. Uhrig. MOTION: That the sum of $15,000.00 be appropriated for the installa- tion of tennis court lighting on four tennis courts, and that to raise such amount $3,452.88 be transferred from the unexpended balance of the amount appropriated under Article 42 of the warrant for the 1974 Annual Town Meeting and $11,547.12 be raised in the tax levy. 10:20 P.M. James Dhimos, a member of the Recreation Committee, gave an explana- tion of the motion. 10:33 P.M. Margery M. Battin, Chairman of the Board of Selectmen and Donald B. White, Chairman of the Appropriation Committee both stated that their boards opposed this motion this year. 10:33 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Comm: , states that his committee does not recommend the adoption of this motion as it would exceed the $60,000 yearly appropriation for the Recreation Committee that is recommended by the Capital Expenditures Committee. 10:36 P.M. .;� (Adjourned Town Meeting - April 5, 1978.) Article 37. Ruth S. Thomas asked if there could be a curfew at 10 P.M. for the (Cont.) use of these lighted courts. She was answered by Mr. Dhimos who said that at this time there was no timetable for use of the courts. In response to a question by Christopher McCabe, Mr. Dhimos stated that in 1977 the lighted courts had been used as such for a total of 241 hours. 10:38 P.M. Main motion offered by Mrs. Uhrig under Article 37 was declared lost by voice vote. 10:42 P.M. Margery M. Battin moved that the meeting be adjourned to Monday, April 10, 1978 at 8 P.M. in Cary Memorial Hall. 10:42 P.M. Allen Lee Whitman, Jr. served notice of reconsideration of Article 37. 10:42 P.M. Motion to adjourn, as offered by Mrs. Battin, declared carried by voice vote. 10:42 P.M. A true copy. Attest: /4vhe /1 )Wl Uhl l '1/1AWA Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 10, 1978 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:05 P.M. in Cary Memorial Hall. There were 177 Town Meeting Members present. The invocation was offered by Rabbi Joel H. Meyers of Temple Emunah. 8:07 P.M. Article 2. Donald B. White moved that Supplement No. 2 of the Report of the Appropriation Committee be accepted and placed on file. Carried by voice vote. 8:08 P.M. The_Moderator stated that Article 36 was now on the floor. 8:08 P.M. (See Page 319. ) Article 36. Presented by Alice M. Hinkle. MOTION: That the sum of $25,000.00 be appropriated for the construction (See of bicycle paths, routes and lanes in such locations as the Recreation Page Committee may determine with the approval of the Selectmen and for 329 taking by eminent domain, purchase or otherwise acquiring any fee, ease- for ment or other interest in land necessary therefor, that such amount be motion raised in the tax levy, and in addition that the Selectmen be author- as ized to apply for, accept, expend and borrow in anticipation of federal adopted) and state aid for the project. 8:08 P.M. Mrs. Hinkle stated that a Bicycle Path Subcommittee was formed shortly after last years town meeting and asked that Thomas E. Fort- mann, a Lexington resident and member of the committee be recognized. 8:10 P.M. Mr. Fortmann listed the results of the Master Plan Questionaire: 1/2 of the Lexington residents ride bicycles regularly. 2/3 of households have one or more regular riders. 3/4 of households would ride bicycles if bike paths were improved. He also listed the five goals and showed map of the bikeway plan. The bikeway cost, as shown on a slide, was $99,900.00. ($24,925.00 on the tax rate - approximately 9' ; $74,975.00 borrowed in anticipa- tion of revenue) There is also $5,000.00 appropriated at the 1975 Annual Town Meeting. 8:17 P.M. J. Keith Butters spoke in favor of the article but was opposed to the bicycle paths in Willard Woods. He therefore moved to amend the original motion as follows: MOTION: After the words "as the Recreation Committee may determine" insert: provided that such paths shall not be constructed on the property known as Willard Woods and that the proposed loop including Willard Woods be eliminated from the plan of the Recreation Committee. 8:22 P.M. Janet L. Tassel, Susan Hilzenrath, Marshall J. Derby and Frank B. Stille, all residents abutting Willard Woods, were recognized and r-^, spoke from the balcony in opposition to bike paths in the Woods. 8:37 P.M. Mr. Fortmann commented that a public hearing had been held and that none of the current objectors appeared at the hearing. 8:37 P.M. Mr. Butter's motion to amend was declared carried by voice vote. 8:38 P.M. • (Adjourned Town Meeting - April 10, 1978.) Article 36. Main motion, as amended, now reads: (Cont. ) MOTION: That the sum of $25,000.00 be appropriated for the construction of bicycle paths, routes and lanes in such locations as the Recreation Committee may determine provided that such paths shall not be constructed on the property known as Willard Woods and that the proposed loop including Willard Woods be eliminated from the plan of the Recreation Committee with the approval of the Selectmen and for taking by eminent domain, purchase or otherwise acquiring any fee, easement or other interest in land necessary therefor, that such amount be raised in the tax levy, and in addition that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Albert P. Zabin moved reconsideration of Mr. Butter's motion to amend. 8:38 P.M. Mr. Zabin, Chairman of the Planning Board, stated that his board unanimously supports bike paths as recommended by the Recreation Committee. Paved pathways keep people out of the wooded area and therefore protects it. This path will be better for the conservation land as a whole but will be consistent with the purchase of public land. 8:42 P.M. David G. Williams, Chairman of the Conservation Commission, stated that the commission supports this plan for bicycly paths and unani- mously supports this article. 8:43 P.M. After general discussion, Sheila M. Busa moved the previous question which was declared lost by voice vote. 9:03 P.M. Mr. Zabin's motion for reconsideration of Mr. Butter's motion to amend declared lost by voice vote. 9:10 P.M. Barry Altman moved that the motion on Article 36 be amended by adding after the words "in such locations" the words "excepting the Vine Brook Conservation Area". 9:12 P.M. Margery M. Battin stated that a majority of the Board of Selectmen were opposed to this amendment. 9:24 P.M. Motion to amend, as offered by Mr. Altman, declared lost by voice vote. 9:24 P.M. Alfred S. Busa, Selectman, spoke against the article stating that this is an expense we cannot afford at this time. 9:31 P.M. Margery M. Battin, Chairman of the Board of Selectmen, stated that three members of the board feel that bike paths are top priority. 9: 38 P.M. Paul E. Hamburger moved to recommit this article to the Recreation Committee. 9:43 P.M. John P. Carroll moved the previous question which was declared carried by voice vote. 9:50 P.M. Motion for recommittal, as offered by Mr. Hamburger, declared lost by voice vote. 9:51 P.M. Sheila M. Busa moved for a roll call vote on the main motion, as amended. The Moderator asked for a standing vote on the motion for a roll call on Article 36. Results as follows: Precinct One 11 in favor Precinct Six 0 in favor Precinct Two 8 Precinct Seven 5 Precinct Three 6 Precinct Eight 4 Precinct Four 0 Precinct Nine 5 Precinct Five 2 At large 6 Total in favor: 47 Less than the required fifty town meeting members in favor, the roll call on Article 36 is not in order. 10:02 P.M. (Adjourned Town Meeting - April 10, 1978.) Article 36. Standing vote on main motion as amended: (Cont.) Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 12 2 14 Donald D. Wilson 4 3 16 Erna S. Greene 4 4 10 Ruth S. Thomas 4 5 9 Guy W. Doran 11 6 13 Sam V. Nablo 2 7 13 David Reiner 4 r-- 8 8 Ione D. Garing 9 9 10 Donald J. Shaw 5 At large 10 Edward E. Furash 8 Totals 108 63 Less than the required two thirds having voted in favor, the motion offered under Article 36 by Alice M. Hinkle and amended by J. Keith Butters is not adopted. 10:05 P.M. Jeanne K. Krieger served notice of reconsideration of Article 36. 10:05 P.M. Sheila M. Busa questioned the presence of a quorum, therefore, at the request of the Moderator a standing count was taken: Precinct 1 13 Precinct 2 10 Precinct 3 9 Precinct 4 10 Precinct 5 12 Precinct 6 11 Precinct 7 15 r-- Precinct 8 7 Precinct 9 12 ( At large 16 Total 115 As 100 members constitute a quorum, the Moderator declared the presence of a quorum. 10:10 P.M. Article 2. David G. Williams presented a report on behalf of the Conservation Commission on its upcoming articles. Mr. Williams commented that if all articles (conservation articles) are passed this year, there will be $400,000.00 left in the bond issue. Mr. Williams report accepted and carried unanimously. 10:14 P.M. Article 38. Presented by Paul V. Rif fin. MOTION: That the Selectmen be authorized to transfer to the Conserva- tion Commission for open space and conservation purposes, including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lot 68 on Assessors' Property Map 15, Lots 27 and 28 on Assessors' Property Map 23 and Lots 54B, 80 and 81 on Assessors' Property Map 31. 10:15 P.M. This land, according to Mr. Rif fin, is off Marrett Road and approxi- mately sixty acres. 10:19 P.M. Town Manager, Robert M. Hutchinson, Jr. , stated that this motion was proper. This was in answer to Patricia K. Hagedorn who asked what difficulty there would be leaving the land as it is. Would it be possible to administer this land without-a transfer. 10:22 P.M. (Adjourned Town Meeting - April 10, 1978. ) Article 38. Voice vote on the main motion was not unanimous, so a standing (Cont. ) vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 8 2 18 Donald D. Wilson 0 3 18 Erna S. Greene 0 4 13 Ruth S. Thomas 0 5 18 Guy W. Doran 0 6 12 Sam V. Nablo 0 7 16 David Reiner 0 8 9 Ione D. Garing 2 9 11 Donald J. Shaw 2 At large 23 Edward E. Furash 1 Totals 143 13 More than the required two thirds having voted in favor, the motion as presented by Mr. Rif fin is adopted. 10:25 P.M. Article 39. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as bot 111A on Assessors' Property Map 14 and described in Estate of Daisy G. Wilson (Middlesex Probate No. 484494) , that the sum of $85,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:26 P.M. r.s. Mr. Smith stated that this land is made up of 7.6 acres of woods and fields and has been on the high priority list for many years. Mrs. and Mrs. Prescott D. Crout of 5 Pinewood Street have agreed to give a footpath from Pinewood Street as an entrance. This article has received great neighborhood support & the Conserva- tion Commission unanimously urges passage. Main motion declared carried unanimously. 10:30 P.M. Article 40. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to pur- chase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conserva- tion Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 104B on Assessors' Property Map 9 and described in deed recorded in Middlesex South Registry of Deeds, Book 8951, Page 442, now or formerly of Philipson, Lot 106 on Assessors' Property Map 9 and described in deed recorded in said Deeds, Book 6168, Page 247, now or formerly of Sweet, Lots 48A and 49A on Assessors' Property Map 15 and described in deed recorded in said Deeds, Book 8419, Page 353, now or formerly of Johnson, Lots 51, 52 and 53 on Assessors' Property Map 15 and described in deed recorded in said Deeds Book 10508, Page 377, now or formerly of Sanderson, and Lot 54A on Assessors' Property Map 15, a tax title lot, now or formerly of DeVincent, that the sum of $64,400.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:33 P.M. (Adjourned Town Meeting - April 10, 1978.) Article 40. Mr. Williams stated that this property is not on the master plan (Cont.) but the Conservation Commission felt that it should be placed before the meeting as the land should not be developed. 10:36 P.M. Selectman Alfred S. Busa spoke in opposition. He said that this land could never be built on and that we are running out of the $2,000,000.00 bond issue. 10:38 P.M. Albert P. Zabin stated that the Planning Board supports this article as does a majority of the Board of Selectmen according to Margery M. Battin. 10:43 P.M. Marian C. Reilly stated a majority of the Precinct Three Town Meeting Members supported this article. 10:48 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Stephen W. Doran 9 2 12 Donald D. Wilson 6 3 19 Erna S. Greene 1 4 10 Ruth S. Thomas 4 5 16 Guy W. Doran 2 6 10 Sam V. Nablo 0 7 15 David Reiner 2 8 6 Ione D. Garing 6 9 12 Donald J. Shaw 0 At large 23 Edward E. Furash 2 Totals 129 32 More than the required two thirds having voted in favor the motion offered by Mr. Williams was adopted. 10:51 P.M. MargeryBattin M. Batt moved that the meeting be adjourned to Wednesday, April 12, 1978 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:52 P.M. A true copy. Attest: /42/14t 72t 4-vvo-v-21 Mary R. McDonough, Town Clerk " ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 12, 1978 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:12 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. 8:14 P.M. Article 2. William R. Page moved that the report of the committee formed under Article 65 of last year's warrant (which he read) be accepted and —, placed on file. (Forum on Aging) Carried by voice vote. 8:20 P.M. Article 41. David G. Williams moved that this article be tabled. Carried by voice vote. 8:21 P.M. (See Page 357.) Article 42. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 121 through 129 on Assessors' Property Map 24 and described in deeds recorded in Middlesex South Registry of Deeds, Book 11168, page 302, Book 12339, Page 88 and Book 11168, Page 300, now or formerly of Sowkow, that the sum of $10,500.00 be appropriated for such land acquisition, and that such amount be transferred from the appropria- tion voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 8:23 P.M. At the request of Mr. Williams, Conservation Commission member, Francis X. Fields, was recognized and he gave a short explanation of the article. He commented that this flat open wetland is the last available privately owned land on Valleyfield Street. 8:24 P.M. Voice vote on Mr. Williams's motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Stephen W. Doran 9 2 16 Donald D. Wilson 0 3 16 Erna S. Greene 0 4 16 Ruth S. Thomas 0 5 17 Guy W. Doran 0 6 11 Margaret N. Brooke 0 7 17 David Reiner 0 8 13 Ione D. Garing 0 9 14 Roy Weinstein 0 At large 25 Edward E. Furash 0 Totals 151 9 --� More than the required two thirds having voted in the affirmative, the motion, as offered by Mr. Williams, is adopted. 8:28 P.M. (Adjourned Town Meeting - April 12, 1978.) Article 43. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase (Motion or otherwise acquire, and the Selectmen be authorized to take by as eminent domain, upon the written request of the Conservation Comm'- . adopted) sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 44 on Assessors' Property Map 47 and described in Estate of Buckley (Middlesex Probate No. 306425) , and Lot 225 on .—. Assessors' Property Map 48 and described in Estate of Maud K. Swan (Middlesex Probate No. 452280) , that the sum of $196,500.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 8:28 P.M. Mrs. Frick explained that the area is approximately 18 acres (Swan property 10 acres more or less and the Buckley property 7 acres more or less) in the lower Vine Brook water shed and is the largest tract of open space near the center of town. This area has the best of New England landscape and will help to maintain a better water shed. It also provides ideal recreation for year round. 8:34 P.M. Albert P. Zabin, Chairman of the Planning Board, stated that this is very buildable land and that his board urges passage. 8:36 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that his committee also supported this article. He noted the various prices per acre of the land in the conservation articles this year - from $2,700.00 through $12,000.00 per acre. 8:37 P.M. As this property is in Precinct 5, Sam Silverman commented that a survey of the Precinct 5 Town Meeting Members showed that a majority of the members supported this purchase. 8:37 P.M. Voice vote on Mrs. Frick's motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Stephen W. Doran 9 2 14 Donald D. Wilson 2 3 17 Erna S. Greene 2 4 14 Ruth S. Thomas 1 5 19 Guy W. Doran 0 6 13 Margaret N. Brooke 0 7 17 David Reiner 0 8 9 Ione D. Garing 0 9 14 Roy Weinstein 0 At large 25 Edward E. Furash 0 Totals 148 14 More than the required two thirds having voted in the affirmative, the motion is adopted. 8:41 P.M. Article 44. Presented by David G. Williams. --- MOTION: That the Conservation Commission be authorized to purchase (Motion or otherwise acquire, and the Selectmen be authorized to take by as eminent domain, upon the written request of the Conservation Commission, adopted) and that the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, 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 Lots 7, 12, 13, 14, 15, 16, 26, 33, 34, 37 and 73 on Assessors' Property Map 59, Lots 35 and 45 on Assessors' Property Map 67 and Lot 146 on Assessors' Property Map 83. 8:42 P.M. (--C (Adjourned Town Meeting - April 12, 1978.) Article 44. At the request of Mr. Williams, Francis X. Fields, a member of the (Cont.) Conservation Commission, was recognized and he gave a short explana- tion of the article. This is a transfer of fourteen tax title lots of wooded hillside to the Conservation Commission. Approximately $500.00 will be spent out of the Conservation Fund for transfer fees. 8:46 P.M. Main motion, as presented by Mr. Williams, declared carried unanimously. 8:46 P.M. Article 45. Presented by Shirley H. Stolz. li] MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, and that the Selectmen be authorized to transfer, for conserva- tion purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, 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 Lots 427, 429, 430, 431, 432, 433, 456, 457, 458, 485, 486, 487, 488, 489, 490, 491, 492, 502 and 503 on Assessors' Property Map 72, Lots 118, 119, 120, 121, 122, 123 and 124 on Assessors' Property Map 78, Lots 15, 17, 23, 28, 30, 31, 32, 33, 34, 36, 38, 39, 40, 41, 42 and 43 on Assessors' Property Map 79. 8:47 P.M. Mrs. Stolz commented that this is a transfer of town owned tax title lots to the Conservation Commission and the lots have been cleared with the Board of Assessors and the Lexington Housing Authority. 8:50 P.M. Motion, as presented by Mrs. Stolz, declared carried unanimously. 8:51 P.M. Article 46. Presented by Shirley H. Stolz. li] MOTION: That the sum of $19,000.00 be appropriated to the Conserva- tion Fund, established by vote under Article 9 of the warrant for the Special Town Meeting of June 8, 1964, and that such amount be raised in the tax levy. Carried Unanimously. 8:53 P.M. Jeanne K. Krieger moved for reconsideration of Article 36. 8:54 P.M. Judith J. Uhrig stated that, if reconsideration of Article 36 was passed, she would amend her motion as presented under Article 36 on April 10, 1978 (See Pages 321-323) by reducing the amount requested. Also, as there would be no federal funds involved in this project, a majority vote is all that is needed, not a two thirds vote. 8:56 P.M. Albert S. Richardson, Jr. moved that debate on the motion to reconsider Article 36 be limited to 15 minutes which was declared carried by voice vote. 8:59 P.M. The Moderator stated that the 15 minutes started now. 8:59 P.M. Norman P. Cohen, Town Counsel, stated that the reference to federal aid would be deleted in Article 36 and therefore only a majority vote would be needed. He added that bikeways, bike paths are to be considered as highways, therefore they only need a majority vote to borrow in anticipation. 1.9:02 P.M. Motion to reconsider Article 36, as offered by Jeanne K. Krieger, was declared carried by voice vote. 9:02 P.M. C_ r. (Adjourned Town Meeting - April 12, 1978.) Article 36. (See Pages 321 - 323) (Main motion as presented by Judith J. Uhrig and amended by J. Keith Butters at the April 10, 1978 session of this town meeting: MOTION: That the sum of $25,000.00 be appropriated for the con- struction of bicycle paths, routes and lanes in such locations as the Recreation Committee may determine provided that such paths shall not be constructed on the property known as Willard Woods and that the proposed loop including Willard Woods be eliminated from the plan of the Recreation Committee with the approval of the Selectmen and for taking by eminent domain, purchase or otherwise acquiring any fee, easement or other interest in land necessary therefor, that such amount be raised in the tax levy and in addition that the Selectmen be author- ized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project.) Judith J. Uhrig moved that the figure $25,000.00 be deleted and the figure $22,000.00 be substituted therefor and the words "federal and" be deleted. 9:04 P.M. Mrs. Uhrig's motion to amend declared adopted by voice vote. 9:04 P.M. Nyles Nathan Barnert stated that the Capital Expenditures Committee supports this article if they have the assurance that the money will not be spent unless state aid is available. Margery M. Battin, Chairman of the Board of Selectmen, assured him that the Selectmen agreed with him and would abide by this. 9:06 P.M. Main motion as presented by Mrs. Uhrig and amended by J. Keith Butters and by Mrs. Uhrig now reads: MOTION: That the sum of $22,000.00 be appropriated for the con- (Motion struction of bicycle paths, routes and lanes in such locations as the as Recreation Committee may determine provided that such paths shall not adopted) _ be constructed on the property known as Willard Woods and that the proposed loop including Willard Woods be eliminated from the plan of the Recreation Committee with the approval of the Selectmen and for taking by eminent domain, purchase or otherwise acquiring any fee, easement or other interest in land necessary therefor, that such amount be raised in the tax levy, and in addition that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of state aid for the project. Main motion as presented by Judith J. Uhrig and amended by J. Keith Butters and Judith J. Uhrig declared carried by voice vote. 9:11 P.M. stated Article 47. The Moderator/that there is no motion under Article 47 at this time and suggested that the article be tabled until the meeting finds out what the petitioners wish to present. 9:12 P.M. David G. Williams, at the request of the petitioners, moved that this article be indefinitely postponed. Indefinite postponement declared carried unanimously. 9:12 P.M. Fred D. Rosenberg asked for an update on the tax rate by the Appropriation Committee. Donald B. White, Chairman of the Appropriation Committee, stated that his committee has it in mind for the next meeting but that there has been very little change since their original figure of $90.60. 9:13 P.M. c )(((Adjourned Town Meeting - April 12, 1978.) Article 48. Robert B. Kent moved that this article be postponed until after Article 70. Carried Unanimously. 9:14 P. M. (See Page 364 and 365) Article 49. Presented by Mary W. Miley. MOTION: That the Selectmen be and they are hereby authorized to convey the discontinued portion of Hinchey Road from Hartwell Avenue a distance of 600 feet more or less to its end as shown upon a plan on file in the office of the Town Clerk dated January 19, 1961 to either of the two abutting owners for not less than $15,000.00 and on such other terms as the Selectmen deem advisable, provided that the grantees will bear all expenses of the conveyance. 9:15 P.M. Margery M. Battin moved that this article be tabled which was declared carried by voice vote. 9:16 P.M. (See Page 362) Article 50. Mary W. Miley moved that this article be tabled which was declared lost by voice vote. 9:17 P.M. Mary W. Miley moved that this article be recommitted to the Board of Selectmen which was declared carried by voice vote. 9:18 P.M. (See Page 363) Margery M. Battin moved that Articles 51, 52 and 53 be taken up together for for discussion purposes. This motion was carried unanimously. 9:20 P.M. The Moderator stated that Articles 51, 52 and 53 would be taken up together for discussion purposes only and that they would be voted on separately. e, Article 51. Presented by Margery M. Battin. MOTION: To establish as a town way and accept the layout of as a town (Motion way Cushing Street from Sullivan Street a distance of 425 feet, more as or less, to its end as laid out by the Selectmen and shown upon a plan adopted) on file in the office of the Town Clerk, dated January 14, 1977; to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; that the sum of $50,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Cushing Street as is necessary, and that such amount be raised in the tax levy. 9:21 P.M. Mrs. Battin gave a short explanation of Articles 51, 52 and 53 and gave the recommendations of the Planning Board (Cushing Street: recommended with the exception of deletion of the sidewalk; Banks Avenue: recommended as proposed; Tucker Avenue: recommended that the pavement be shifted to the north to avoid the 24-inch tree within the right-of-way) . 9:25 P.M. Albert P. Zabin, Chairman of the Planning Board, filed the Planning Board Report covering Articles 51, 52 and 53. 9:26 P.M. In response to a question by Allen Lee Whitman, Jr. , Mrs. Battin stated that the width of the three streets would be 24 feet. 9:28 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that his committee supported all three articles. 9:30 P.M. James M. McLaughlin moved the previous question which was adopted. 9:32 P.M. Main motion, as presented by Mrs. Battin, carried unanimously. 9:32 P.M. (Adjourned Town Meeting - April 12, 1978.) , - Article 52. Presented by Margery M. Battin. MOTION: To establish as a town way and accept the layout of as a town way Banks Avenue from Chase Avenue a distance of 800 feet, more or less, to Carville Avenue, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk,-d&tec-t__January_14, 1977; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $78,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Banks Avenue as is necessary, and that such amount be raised in the tax levy. I Carried Unanimously. 9:33 P.M. Article 53. Presented by Margery M. Battin. MOTION: To establish as a town way and accept the layout of as a town way Tucker Avenue from Chase Avenue a distance of 175 feet, more or less, to Tarbell Avenue as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1977; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $22,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Tucker Avenue as is necessary, and that such amount be raised in the tax levy. 9:34 P.M. Julian J. Bussgang moved the previous question which was declared carried by voice vote. 9:38 P.M. Main motion declared carried by voice vote. 9:38 P.M. Article 54. Presented by Margery M. Battin. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets, and that such amount be raised in the tax levy. Carried Unanimously. 9:40 P.M. Article 55. Margery M. Battin moved that this article be indefinitely postponed. 9:40 P.M. Weiant Wathen-Dunn was recognized from the balcony and he spoke at length against indefinite postponement. 9:46 P.M. Mrs. Battin said that indefinite postponement was at the recommendation of the Recreation Committee. 9:47 P.M. Ephraim Weiss moved that Article 55 be recommitted to the Recreation Committee, with a similar article to be brought to the next Annual Town Meeting. 9:52 P.M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:54 P.M. Ephraim Weiss's motion for recommittal of Article 55 to the Recreation Committee declared carried by voice vote. 9:55 P.M. Article 56. Presented by Robert B. Kent. n MOTION: That Article XXV of the General By-Laws of the Town of Lexington be amended by striking Section 14 and substituting therefor the following: Section 14. No owner of a building abutting upon or adjacent to the line of any street, or his agent having care thereof, shall cause, permit or suffer the water from the roof, cellar, or any drain there- from to discharge upon or flow across the surface of the sidewalk or street adjacent to such building. 9:56 P.M. James M. McLaughlin moved that Article 56 be recommitted to the Board of Selectmen and, after general discussion, this motion was declared carried by voice vote. 10:11 P.M. (Adjourned Town Meeting - April 12, 1978. ) Article 57. Presented by Robert B. Kent. (Approved MOTION: That Article XXV of the General By-Laws of the Town of by Atty. Lexington be amended by adding thereto a new Section 15A as follows: Gen. , July 25, 1978. Section 15A. No person shall discharge or cause to be discharged any Published stormwater, surface water, groundwater, roof runoff, subsurface in Lex. drainage, uncontaminated cooling water, or unpolluted industrial Min. Man process waters to any sanitary sewer. on Sept. 10:12 P.M. 14, 21 & 28, 1978) After general discussion, the motion was declared carried by voice —� vote. 10:28 P.M. Article 58. James F. Crain moved that this article be indefinitely postponed. 10:28 P.M. Myron L. Miller moved that this article be tabled which was declared carried by voice vote. 10:30 P.M. (See Pages 351 - 356 inc.) Article 59. James F. Crain moved that this article be indefinitely postponed. Carried Unanimously. 10:30 P.M. Article 60. Alfred S. Busa moved that this article be indefinitely postponed. Carried Unanimously. 10:32 P.M. Margery M. Battin moved that the meeting be adjourned to Monday, April 24, 1978 at 8 P.M. in Cary Memorial Hall. - Carried by voice vote. 10:33 P.M. A true copy. Attest: 7441 if A ci.),trvi,g4A, Mary R. McDonough, Town Clerk Wiltrud R. Mott-Smith, 108 Pleasant Street, resigned as a Town Meeting Member from Precinct Two effective April 18, 1978. George S. Silverman, 49 Fern Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Two at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Two effective April 24, 1978. Mr. Silverman will fill the vacancy caused by the resignation of Mrs. Mott-Smith for a term expiring in March 1979. C, - ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING HELD APRIL 24, 1978 The meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P.M. in Cary Memorial Hall. There were 183 Town Meeting Members present. by Invocation offered/Rev. Harold T. Handley, Pastor Emeritus, Church of Our Redeemer. 8:09 P.M. Margery M. Battin, Chairman of the Board of Selectmen, asked that the Town r— Manager be recognized. 8:09 P.M. Article 2. Robert M. Hutchinson, Jr. , Town Manager, spoke of an error in the 1977 Annual Town Report in regards to the zoning articles that were brought up at the Special Town Meeting in December 1977. These errors were made when the articles were being condensed for the Town Report and a correction sheet is available for all Town Meeting Members in the back of the hall. 8:12 P.M. Article 61. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article with the exception that the word residented be inserted (See between the words "family" and "therein" in the third line of Pages Section 25.9.1. 8:14 P.M. 340 - 346 for (Motion on Article as set forth in the motion attached to the report motion of the Planning Board on this article with the correction as noted as above incorporated: adopted) fl MOTION: That the Zoning By-Law be amended by: 1. Adding, in Section 1, the following definitions: RESTAURANT: An establishment primarily for serving by a waiter or waitress, and consumption of meals at tables or at a counter, on the premises. FAST FOOD SERVICE: An establishment primarily for self-service or purchase of food or beverage at a counter for consumption on the premises. TAKE OUT FOOD SERVICE: An establishment primarily for dispensing prepared food to persons carrying the food away for consumption elsewhere. 2. Deleting, from Section 1, the definition DRIVE-IN RESTAURANT and substituting therefor: DRIVE-IN RESTAURANT: An establishment primarily for dispensing prepared food to persons who eat this food while sitting in cars on the premises. 3. Deleting, from Section 1, the definition DINER OR LUNCH CART. 4. Replacing, in the definition JUNKYARD in Section 1, "25.96" by "Subsection 25.10.2". 5. Striking Subsection 23.5. 6. Striking, from Subsection 20.2, "CS - Service and trade district". i y (Adjourned Town Meeting - April 24, 1978.) 1 Article 61. (Motion on Article as set forth in the motion attached to the report (Cont. ) of the Planning Board on this article with the correction incorporated (Cont.) 7. Striking Section 25 and replacing it with the following: Zoning District Designation for Use with Printed Chart 25.0 Residence Districts: RO - One family dwelling districts (30,000 sq. ft.) RS - One family dwelling districts (15,500 sq. ft. ) RT - Two family dwelling districts RM - Multi-family (garden apartment) dwelling districts RH - Subsidized housing districts RD - Multi-dwelling districts Commercial and Industrial Districts: CR - Office and research park districts CH - Hotel, office and research park districts CM - Manufacturing and research park districts CO - Office districts CN - Neighborhood business districts CG - General business districts CB - Central business districts (Continued on next page) Section 25 - USE REGULATIONS SCHEDULE crt p, Use Designation o RESIDENTIAL USES RO ;r m n RS RU RT RD RM CR CH CM CO CN CG CB m 25.1.1 One family dwellings Yes Yes Yes YeE YeE Yes Yes Yes Yes Ye: Yes Yes H 0, 25.1.2 Two family dwellings No No Yes SP: No No No No No No Yes Yes o .. o 25.1. 3 Garden apartments* (each must be connected to public sanitary sewer) No No No SPE SPE No No No No No No No HI 25.1.4 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No No No No No No No SP o o w 25.1.5 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No No No SPS No No No SPS SPS o rt ° o 25.1.6 Dwelling conversion to two family SP SP Yes SP SP SP SP SP SP SP Yes Yes o r 25.1.7 Multi-unit dwellings No No No SPENo No No No No No No No ° o 25.1.8 Municipal buildings and public buildings converted to residential use ** . . . SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS �. n 1 *Provided that no living quarters shall be located below the mean finished 4 N grade of the ground adjoining the building, nor above the second story. ed H h **Special permits under this Section shall be governed by Section 28 ° I� P. w I INSTITUTIONAL, EDUCATIONAL AND RECREATIONAL USES RO ¢ A o m RS RH RT RD RM CR CH CM CO CN CG CB o m 11- 25.2. 1 Religious, sectarian or denominational schools, buildings and uses, including w parish houses and rectories; public schools, parks, playgrounds; municipal • o m cn buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes rt 25.2.2 Schools other than those in Section 25.2.1; hospitals; sanitaria; nursing, rt Y convalescent and rest homes; homes for the aged; charitable institutions; a cemeteries SP SP SP SP SP SP SP SP SP SP SP SP F-' rt 25.2.3 Passenger stations, landing fields, telephone exchanges; radio and television • CD transmitting sites; sites, buildings and uses for other public services; �• o private water towers and reservoirs SP SP SP SP SP SP SP SP SP Si? SP SP 5 rr 25.2.4 Private parks, playgrounds, clubs and recreation buildings of a non-commercial o o and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP SP m 25.2.5 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP SP ° rt 25.2.6 Billiard rooms, bowling alleys, dance halls, skating rinks, theatres and n Pi similar commercial amusement places No No No No No No No No No No No SP 25.2. 7 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No No SP SP N o, rt AGRICULTURAL USES RO o o RS RH RT RD RM CR CH CM CO CN CG CB H. rt 25.3. 1 Commercial raising, boarding, breeding or keeping of animals SP SP SP SP SP SP SP SP SP SP SP SP o 25.3.2 Commercial greenhouses and retail nurseries SP SP SP SP SP SP SP SP SP SP SP SP o• n 25.3. 3 Other farms, including truck gardens; only tools, equipment and vehicles inci- I'd dental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes w n1-1 25.3.4 Roadside stnd (for two year terms) SP YF RV SP SP SP SP SP SP SP Yes Yes m rt , ' ) 25,3,5 Seasonalsale o Christmas trees and wreaths SP SP SP SP SP SP SP SP SP SP Yes Yes c�, J Section 25 - USE REGULATIONS SCHEDULE (Continued) ,� 0> ;1 n rt (' *) H. Use Designation 0 r) C,s'3 OFFICE USES RO .'rt. M RS RH RT RD RM CR CH CM CO CN CG CB CS .. 25.4.1 Physicians, dentists, opticians No No No No No SPS SPS SPS SPS Yes Yes Yes ~ �a 25.4.2 Veterinarians and animal hospitals No No No No No SPS SPS SPS SPS SP SP SP 25.4. 3 Offices of salesman, agents and representatives of manufacturing, distributing, o o rt H insurance and wholesale companies No No No No No SPS SPS SPS SPS No Yes Yes rto a 25.4.4 Administrative, executive, professional and similar offices No No No No No SPS SPS SPS SPS No Yes Yes ... 0 b H AUTOMOTIVE SALES AND SERVICE USES RO w °p ° RS RH RT RD RM CR CH CM CO CN CG CB 0 25.5.1 Retail gasoline, oil and lubrication stations and places of business for the H. rt sale and installation of tires and other automobile accessories, maintenance °rQ H. r°+ and minor repairs of motor vehicles No No No No No No No No No SP SP SP o m H. 25.5.2 Parking of motor vehicles (other than in connection with a use permitted by w rn d° this section) No No No No No No No No No No SP SP a H i -1 25.5.3 Major mechanical repairs, auto body repairs No No No No No No No No No No SP SP °p w ,d 25.5.4 Storage, retail sales and rental of automobiles, aircraft, marine craft, farm ,..r. m N, and other heavy machinery and vehicles including the accessories thereof . . . . No No No No No No No No No No SP SP w rmr H 25.5.5 Commercial car wash establishments No No No No No No No No No No SP SP m n.)w o rrt rt H RETAIL, CONSUMER SERVICES AND TRADE USES RO • N RS RH RT RD RM CR CH CM CO CN CG CB m 0 25.6.1 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No No No No SP Yes N, r 25.6.2 Retail liquor stores No No No No No No No No No No No Yes ri. m 0 25.6. 3 Real estate agencies, travel bureaus No No No No No SPS SPS SPS SPS SP Yes Yes rr o 25.6.4 Banks No No No No No No No No No No SP SPo 25.6.5 Drugstores, retail stores for sale of beauty and health aids, medicines, medical n p supplies, groceries and food not for consumption on the premises, smoking n w supplies, periodicals, books, stationery, toys, hardware, arts and crafts m rt supplies; service businesses primarily servicing neighborhood needs, such as rt w but not limited to barbers, hairdressers, beauticians, manicurists; watch, shoe o. or clothing repair No No No No No No No No No SP Yes Yes • a 25.6.6 Retail stores other than above: caterer, confectioner, decorator, hand laundry, p o florist, photographer No No No No No No No No No No Yes Yes o rt 25.6. 7 Self service automatic laundry and dry cleaning establishments, pick-up b m stations of cleansing, laundry and dyeing plants No No No No No No No No No SP Yes Yes �°t 1 W M • rrte M o w n rt I L i L_ i E J Use Designation I RETAIL, CONSUMER SERVICES AND TRADE USES (Continued) RO o N a RS RH RT RD RM CR CH CM CO 'CN CG CB rt N 0 25.6.8 Radio, television and electrical appliance repairs No No No No No No No No No No Yes Yes •v o 0 25.6.9 Dressmaking or tailoring establishments, including those specializing in N p, alterations, furriers, milliners, printing shops, bakeries and similar shops y or trades provided that all work shall be of custom or job order type for o "' o sale on the premises and that there shall be no production for stock or for wholesale No No No No No No No No No No Yeti Yes :t m p' m 25.6.10 Sale of air conditioning, heating, refrigerating and plumbing equipment and b rr supplies, lumber, fuel, structural and building materials and supplies; general a 0 0' `cbuildin , building maintenance, landscaping, electrical and similar contractors, masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering 0' furniture and other similar repair services No No No No No No No No No No SP SP `0 O to 25.6.11 Undertakers, funeral homes No No No No No No No No SP SP SP SP o m N. 25.6.12 Restaurants No No No No No SPS No SPS SP;, No SP SP N m H 25.6.13 Fast food service No No No No No No No No No No SP SP 0' H A.N 25.6.14 Take out food service No No No No No No No No No SP SP SP 0 m 25.6.15 Drive in restaurant No _No No No No No No No No No No No rt to ~ kr) 25.6.16 Commercial non-manufacturing uses other than those enumerated elsewhere in N rh W the Use Regulations Schedule No No No No No No No No No No SP SP S rn P O INDUSTRIAL USES RO n K ri- RS RH RT RD RM CR CH CM CO CN CG CB N b- 25.7.1 Light manufacturing, including bakeries without retail sales No No No No No No No SPS No No No No H H. 25.7.2 Laboratories engaged in research, experimental and testing activities, including CD but not limited to the fields of biology, chemistry, electronics, engineering, H. geology, medicine and physics No No No No No SPS SPS SPS No No SP SP o m 25.7. 3 Storage and distribution bf packaged articles owned by the occupant, provided rh o that all storage shall be inside the walls of buildings No No No No No No No SPS No No SP SP C rt m r• 25.7.4 Removal of earth materials SP SP SP SP SP SP SP SP SP SP SP SP O o 25.7.5 Production of articles wholly or in substantial part from materials excavated h p, or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP SP m rt O N TEMPORARY USES RO r• 0 RS RH RT RD RM CR CH CM CO CN CG CB O m 25.8.1 Temporary structures and uses not conforming to this By-Law subject to conditions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP SP 0 o n O rt n o' tO N 0 ft n P fD �� rh a.• O w V , rt �l t fir!,. w n co Oct. <*c Section 25 - USE REGULATIONS SCHEDULE (Continued) rt N (D Use Designation ¢ H u. ACCESSORY USES RO G RS RH RT RD RM CR CH CM CO CN CG CB I-, 11 h 25.9.1 Taking not more than three boarders or letting or renting of rooms without cook- o o o m ing facilities to not more than three persons, in an existing dwelling by a fami- o y ly residented therein;* home occupation (see definition) in an existing dwelling: oo 0 o accessory signs subject to Sections 34 and 35 hereof and the Town Sign By-Law; w HI o garage space for parking not more than three automobiles, one of which may be a commercial vehicle if owned or used by a person resident in the dwelling to which m h ro+ the garage is accessory: outdoor parking of non-commercial vehicles**: swimming hy F,• pools, provided that any such pool which meets the definition of a structure oSD m w shall be subject to provisions of Section 27 of the By-Law; greenhouses not in- rt. 0 1 —. tended and not used for commercial purposes and subject to regulation as a -.- 0 N 1-0 structure Yes Yes Yes SP Yes Yes Yes Yes Yes Yes Yes Yes 4a 25.9.2 Use of a portion of a dwelling as an office by a physician, dentist or other o N professional person residing in the dwelling incidental to such residence . . . SP SP SP SP SP SP SP SP SP SP Yes Yes 1 rt N 25.9. 3 Buildings normally accessory to garden apartments No No No SP Yes No No No No No No No 25.9.4 Incidental sale at retail of parts or components necessary for the maintenance p o H II ks) of articles stored and distributed No No No No No No No Yes No No Yes Yes rt 25.9.5 Retail uses such as cafeterias, soda or dairy bars, wholly within the same m building as the principal permitted use, conducted primarily for the conven- 0 ience of employees and with no exterior advertising display No No No No No SPS SPS SPS SPS No Yes Yes rt rt 25.9.6 Retail uses in support of a hotel or motor hotel, such as dining halls, res- H. I taurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly m o within or connected to the hotel or motor hotel building and with accessory rt • signs as permitted under the Sign By-Law No No No No No No SPS No No No SP SP rt 0 25.9.7 Delicatessens, lunch counters and soda fountains incidental to the permitted 0- business of a drugstore No No No No No No No No No SP Yes Yes � rt 0. rt 25.9.8 Garage space larger than permitted under Subsection 25.9.1 above No No No No No Yes Yes Yes Yes Yes Yes Yes m P I 25.9.9 Outdoor parking of commercial vehicles** No No No No No Yes Yes Yes Yes Yes Yes Yes o o I n 0, * No dwelling may be erected for the purpose of taking boarders or letting or m o renting of rooms without a Special Permit by the Board of Appeals rt ** Outdoor parking is subject to provisions of Section 31 and 32 and for uses o m permitted in RO, RS and RT districts need not be on the same lot as the principal use to which it is accessory. I!i 1 r --- 1 �i Section 25 - USE REGULATIONS SCHEDULE (Continued) o w u O n o rt H G . N ‘....0Use Designation rn n H a H ACCESSORY USES (Continued) RO p o RS RH RT RD RM CR CH CM CO CN CG CB 25.9.10 Wholesale of commodities accessory to the permitted retail sale of such o o H commodities in the districto 0 0 rt No No No No No No No No No No SP SP 25.9.11 Outdoor storage of supplies and equipment incidental to permitted uses, subject o HI0 to appropriate requirements for location, lighting, screening, fencing, cover w rt ycm and safety precautions No No No No No SPS SPS No SPS No SP SP 0 ri 25.9.12 Outdoor overnight parking of freight-carrying or material-handling vehicles N H d and equipment No No No No No SPS SPS SRS No No Yes Yes o1 il H. 25.9.13 Manufacturing, processing or storing goods and materials as a part of and re- o0, H lated solely to research, experimental and testing activities; maintenance ;* 1-' shops, power plants, keeping of animals, antennae and machine shops and similar " by operations to support permitted uses No No No No No SPS SPS SPS No No No No o En H ko 25.9.14 Uses accessory to permitted scientific research, development or related w production activities No No No No No SPS SPS SPS SPS No No No O Fh � O o ri rt PROHIBITED USES RO 0'0" RS RH RT RD RM CR CH CM CO CN CG CB H. 25.10.1 Any building or use not expressly permitted by this By-Law and not accessory to w H. such permitted building or use; any structure or use, whether or not otherwise rt r permitted or accessory to a permitted building or use, which may be disturbing H. CD or detrimental to the health, safety or welfare of persons working or living in o the neighborhood by reason of special danger of fire or explosion, pollution of • w water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust H. 0 or glare, excessively bright or flashing lights, electromagnetic radiation, w offensive noise, or vibration No No No No No No No No No No No No art. rt 25.10.2 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No No CD 0 n o.' O n n a. n M rt O 0 ` rt H. rt o O CDt (Adjourned Town Meeting - April 24, 1978.) Article 61. After giving an explanation of his motion, Mr. Friedman stated that (Cont.) the Planning Board unanimously supports this motion and filed the Report of the Planning Board covering Article 61. 8:23 P.M. George P. Wadsworth, Chairman of the Board of Appeals, stated that the revisions are in the right direction but the town meeting should decide what the policy is going to be now and in the future. 8:23 P.M. Frank Sandy moved that a new line be added to Section 25 labeled "25.10. 3 Billboards" with the designation "No" in every column. 8:30 P.M. Mr. Sandy's motion to amend declared carried by voice vote. i 8:32 P.M. Richard A. Michelson moved that the following changes be made: 25.6.5 Change CN "SP" to "Yes" 25.6.4 Change CG & CB "SF' to "Yes" 8:42 P.M. The Moderator stated that as Mr. Michelson's amendment had two parts, each part would be voted on separately. 8:43 P.M. Mr. Friedman stated that the Planning Board opposed the change in the CN zone as proposed by Mr. Michelson. 8:46 P.M. The first part of Mr. Michelson's motion to amend declared lost by voice vote. 8:48 P.M. The second part of Mr. Michelson's motion to amend declared lost by voice vote. 9:02 P.M. Main motion as amended: Voice vote was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 10 2 16 Donald D. Wilson 3 3 17 Erna S. Greene 3 4 11 Ruth S. Thomas 5 5 13 Guy W. Doran 5 6 16 Sam V. Nablo 1 7 14 David Reiner 2 8 7 Ione D. Garing 9 9 17 Roy Weinstein 0 At large 18 Edward E. Furash 0 Totals 134 38 More than the required two-thirds having voted in the affirmative, the main motion as amended by Mr. Sandy is adopted. 9:05 P.M. (See below through Page 346 for main motion under Article 61 as presented by Manfred P. Friedman and amended by Frank Sandy and adopted as shown above. (MOTION: That the Zoning By-Law be amended by: (As 1. Adding, in Section 1, the following definitions: adopted) RESTAURANT: An establishment primarily for serving by a waiter or waitress, and consumption of meals at tables or at a counter, on the premises. FAST FOOD SERVICE: An establishment primarily for self-service or purchase of food or beverage at a counter for consumption on the premises. (Adjourned Town Meeting - April 24, 1978.) Article 61. (Main motion, as offered by Manfred P. Friedman, and amended by (Cont.) Frank Sandy - (Cont.) TAKE OUT FOOD SERVICE: An establishment primarily for dispensing prepared food to persons carrying the food away for consumption elsewhere. 2. Deleting, from Section 1, the definition DRIVE-IN RESTAURANT and substituting therefor: (As DRIVE-IN RESTAURANT: An establishment primarily for dispensing adopted) prepared food to persons who eat this food while sitting in cars on the premises. 3. Deleting, from Section 1, the definition DINER OR LUNCH CART. (Approved 4. Replacing, in the definition JUNKYARD in Section 1, "25.96" by by Atty. "Subsection 25.10.2". General, July 25, 5. Striking Subsection 23.5. 1978. Posted 6. Striking, from Subsection 20.2, "CS - Service and trade district". in Town Office 7. Striking Section 25 and replacing it with the following: Bldg. & 9 precincts Zoning District Designation for Use with Printed Chart 25.0 Aug. 16, Residence Districts: 1978.) RO - One family dwelling districts (30,000 sq. ft.) RS - One family dwelling districts (15,500 sq. ft.) RT - Two family dwelling districts RM - Multi-family (garden apartment) dwelling districts RH - Subsidized housing districts RD - Multi-dwelling districts Commercial and Industrial Districts: CR - Office and research park districts CH - Hotel, office and research park districts CM - Manufacturing and research park districts CO - Office districts CN - Neighborhood business districts CG - General business districts CB - Central business districts (Continued on next page) T i Section 25 - USE REGULATIONS SCHEDULE_ r,-.„ Use Designation c) rt. a 0' RESIDENTIAL USES RO rt I-, RS RH RT RD RM CR CH CM CO CN CG CB • m 25.1.1 One family dwellings Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N 25.1. 2 Two family dwellings No No Yes SPS No No No No No No Yes Yes o 25.1.3 Garden apartments* (each must be connected to public sanitary sewer) No No No SPS SPS No No No No No No No .. n 25.1.4 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No No No No No No No SP o a 25.1.5 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No No No SPS No No No SPS SPS 0 25.1.6 Dwelling conversion to two family SP SP Yes SP SP SP SP SP SP SP Yes Yes p 0 25.1. 7 Multi-unit dwellings No No No SPS No No No No No No No No r°+ 25.1.8 Municipal buildings and public buildings converted to residential use ** . . . SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS o Z *Provided that no living quarters shall be located below the mean finished w rt grade of the ground adjoining the building, nor above the second story. cn H. **Special permits under this Section shall be governed by Section 28 0 m INSTITUTIONAL, EDUCATIONAL AND RECREATIONAL USES RO m RS RH RT RD RM CR CH CM CO CN CG CB a 25.2.1 Religious, sectarian or denominational schools, buildings and uses, including a bil parish houses and rectories; public schools, parks, playgrounds; municipal N H buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes a• 25.2.2 Schools other than those in Section 25.2.1; hospitals; sanitaria; nursing, a convalescent and rest homes; homes for the aged; charitable institutions; �o H cemeteries SP SP SP SP SP SP SP SP SP SP SP SP r 25.2. 3 Passenger stations, landing fields, telephone exchanges; radio and television a • transmitting sites; sites, buildings and uses for other public services; private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP SP 25.2.4 Private parks, playgrounds, clubs and recreation buildings of a non-commercial o and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP SP rt 25.2.5 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP SP 25.2.6 Billiard rooms, bowling alleys, dance halls, skating rinks, theatres and similar commercial amusement places No No No No No No No No No No No SP 25.2.7 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No No SP SP AGRICULTURAL USES RO RS RH RT RD RM CR CH CM CO CN CG CB 25.3.1 Commercial raising, boarding, breeding or keeping of animals SP SP SP SP SP SP SP SP SP SP SP SP 25.3.2 Commercial greenhouses and retail nurseries SP SP SP SP SP SP SP SP SP SP SP SP 25.3. 3 Other farms, including truck gardens; only tools, equipment and vehicles inci- dental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25. 3.4 Roadside stand (for two year terms) SP SP SP SP SP SP SP SP SP SP Yes Yes 25.3.5 Seasonal sale of Christmas trees and wreaths SP SP SP SP SP SP SP SP SP SP Yes Yes J L__J [_______ l 1 r- 1 r - 1 C 1 n rt a. O N. L.A. G 0 0 rt H G . m Section 25 - USE REGULATIONS SCHEDULE (Continued) ....• cs m Use Designation H o OFFICE USES RO RS RH RT RD RM CR CH CM CO CN CG CB wH. 25.4.1 Physicians, dentists, opticians No No No No No SPS SPS SPS SPS Yes Yes Yes G Z 25.4.2 Veterinarians and animal hospitals No No No No No SPS SPS SPS SPS SP SP SP o rt 25.4.3 Offices of salesman, agents and representatives of manufacturing, distributing, w 0 insurance and wholesale companies No No No No No SPS SPS SPS SPS No Yes Yes °p Q° 25.4.4 Administrative, executive, professional and similar offices _ No No No No No SPS SPS SPS SPS No Yes Yes AUTOMOTIVE SALES AND SERVICE USES RO coTd 1-1 RS RH RT RD RM CR CH CM CO CN CG CB 0 N 25.5.1 Retail gasoline, oil and lubrication stations and places of business for the G sale and installation of tires and other automobile accessories, maintenance m -N and minor repairs of motor vehicles No No No No No No No No No SP SP SP a 25.5.2 Parking of motor vehicles (other than in connection with a use permitted by 0 this section) No No No No No No No No No No SP SP a 00 25.5.3 Major mechanical repairs, auto body repairs No No No No No No No No No No SP SP p, 25.5.4 Storage, retail sales and rental of automobiles, aircraft, marine craft, farm .o ° and other heavy machinery and vehicles including the accessories thereof . . . . No No No No No No No No No No SP SP m 25.5.5 Commercial car wash establishments No No No No No No No No No No SP SP ft RETAIL, CONSUMER SERVICES AND TRADE USES RO RS RH RT RD RM CR CH CM CO CN CG CB c 25.6.1 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No No No No SP Yes p 25.6.2 Retail liquor stores No No No No No No No No No No No Yes rt 25.6.3 Real estate agencies, travel bureaus No No No No No SPS SPS SPS SPS SP Yes Yes 25.6.4 Banks No No No No No No No No No No SP SP 25.6.5 Drugstores, retail stores for sale of beauty and health aids, medicines, medical supplies, groceries and food not for consumption on the premises, smoking supplies, periodicals, books, stationery, toys, hardware, arts and crafts supplies; service businesses primarily servicing neighborhood needs, such as but not limited to barbers, hairdressers, beauticians, manicurists; watch, shoe or clothing repair No No No No No No No No No SP Yes Yes 25.6.6 Retail stores other than above: caterer, confectioner, decorator, hand laundry, florist, photographer No No No No No No No No No No Yes Yes 25.6. 7 Self service automatic laundry and dry cleaning establishments, pick-up stations of cleansing, laundry and dyeing plants No No No No No No No No No SP Yes Yes CQ 7) Use Designation RETAIL, CONSUMER SERVICES AND TRADE USES (Continued) RO 0 rt RS RH RT RD RM CR CH CM CO CN CG CB v No No No No No No No No No No Yes Yes 25.6.8 Radio, television and electrical appliance repairs 25.6.9 Dressmaking or tailoring establishments, including those specializing in °` ` N o alterations, furriers, milliners, printing shops, bakeries and similar shops n or trades provided that all work shall be of custom or job order type for o m sale on the premises and that there shall be no production for stock or H. a for wholesale No No No No No No No No No No Yes Yes 0 o 25.6.10 Sale of air conditioning, heating, refrigerating and plumbing equipment and o supplies, lumber, fuel, structural and building materials and supplies; general w building, building maintenance, landscaping, electrical and similar contractors, 0 m masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering furniture and other similar repair services No No No No No No No No No No SP SP m 0 crg 25.6.11 Undertakers, funeral homes No No No No No No No No SP SP SP SP o i 25.6.12 Restaurants No No No No No SPS No SPS SPS No SP SP m 25.6.13 Fast food service No No No No No No No No No No SP SP a '� 25.6.14 Take out food service No No No No No No No No No SP SP SP a. 1-6 25.6.15 Drive in restaurant No No No No No No No No No No No No w N 25.6.16 Commercial non-manufacturing uses other than those enumerated elsewhere in a' the Use Regulations Schedule No No No No No No No No No No SP SP o INDUSTRIAL USES ROo `v° RS RH RT RD RM CR CH CM CO CN CG CB '* 00 25. 7.1 Light manufacturing, including bakeries without retail sales No No No No No No No SPS No No No No a 25. 7.2 Laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, ,-• geology, medicine and physics No No No No No SPS SPS SPS No No SP SP o 25. 7. 3 Storage and distribution of packaged articles owned by the occupant, provided rt 0 that all storage shall be inside the walls of buildings No No No No No No No SPS No No SP SP ;� 25.7.4 Removal of earth materials SP SP SP SP SP SP SP SP SP SP SP SP 25. 7.5 Production of articles wholly or in substantial part from materials excavated or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP SP TEMPORARY USES RO RS RH RT RD RM CR CH CM CO CN CG CB 25.8.1 Temporary structures and uses not conforming to this By-Law subject to conditions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP SP 1 ) 1 J [ ) Section 25 - USE REGULATIONS SCHEDULE (Continued) 0 rt Use Designation o o ACCESSORY USES RO rtN G RS RH RT RD RM CR CH CM CO CN CG CB " M 25.9.1 Taking not more than three boarders or letting or renting of rooms without cook- H oN a ing facilities to not more than three persons, in an existing dwelling by a fami- H ly residented therein;* home occupation (see definition) in an existing dwelling: accessory signs subject to Sections 34 and 35 hereof and the Town Sign By-Law; H. garage space for parking not more than three automobiles, one of which may be a m commercial vehicle if owned or used by a person resident in the dwelling to 0 rmr which the garage is accessory: outdoor parking of non-commercial vehicles**: o• 0 swimming pools, provided that any such pool which meets the definition of a 0 structure shall be subject to provisions of Section 27 of the By-Law; green- 0 houses not intended and not used for commercial purposes and subject to 'd regulation as a structure Yes Yes Yes SP Yes Yes Yes Yes Yes Yes Yes Yes 0 H . 25.9.2 Use of a portion of a dwelling as an office by a physician, dentist or a~ other professional person residing in the dwelling incidental to such residence SP SP SP SP SP SP SP SP SP SP Yes Yes a 25.9.3 Buildings normally accessory to garden apartments No No No SP Yes No No No No No No No V 25.9.4 Incidental sale at retail of parts or components necessary for the maintenance a mDmD of articles stored and distributed No No No No No No No Yes No No Yes Yes a cco • 25.9.5 Retail uses such as cafeterias, soda or dairy bars, wholly within the same a. building as the principal permitted use, conducted primarily for the conven- o' ience of employees and with no exterior advertising display No No No No No SPS SPS SPS SPS No Yes Yes a 25.9.6 Retail uses in support of a hotel or motor hotel, such as dining halls, res- •• taurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly within or connected to the hotel or motor hotel building and with accessory o signs as permitted under the Sign By-Law No No No No No No SPS No No No SP SP rt 25.9. 7 Delicatessens, lunch counters and soda fountains incidental to the permitted business of a drugstore No No No No No No No No No SP Yes Yes 25.9.8 Garage space larger than permitted under Subsection 25.9.1 above No No No No No Yes Yes Yes Yes Yes Yes Yes 25.9.9 Outdoor parking of commercial vehicles** No No No No No Yes Yes Yes Yes Yes Yes Yes * No dwelling may be erected for the purpose of taking boarders or letting or renting of rooms without a Special Permit by the Board of Appeals ** Outdoor parking is subject to provisions of Section 31 and 32 and for uses permitted in RO, RS and RT districts need not be on the same lot as the principal use to which it is accessory. Section 25 - USE REGULATIONS SCHEDULE (Continued) .. n '! rI n rt r;°j H. Use Designation op ACCESSORY USES (Continued) RO u RS RH RT RD RM CR CH CM CO CN CG CB N o 25.9.10 Wholesale of commodities accessory to the permitted retail sale of such commodities in the district No No No No No No No No No No SP SP 0 25.9.11 Outdoor storage of supplies and equipment incidental to permitted uses, subject oa H. to appropriate requirements for location, lighting, screening, fencing, cover 0 o and safety precautions No No No No No SPS SPS No SPS No SP SP o N 25.9.12 Outdoor overnight parking of freight-carrying or material-handling vehicles rt and equipment No No No No No SPS SPS SPS No No Yes Yes o m 25.9.13 Manufacturing, processing or storing goods and materials as a part of and re- ro , lated solely to research, experimental and testing activities; maintenance m 0 va shops, power plants, keeping of animals, antennae and machine shops and similar 0 i operations to support permitted uses No No No No No SPS SPS SPS No No No No m 25.9.14 Uses accessory to permitted scientific research, development or related a, 't production activities No No No No No SPS SPS SPS SPS No No No a H' o 0 iv PROHIBITED USES RO a, RS RH RT RD RM CR CH CM CO CN CG CB o 25.10.1 Any building or use not expressly permitted by this By-Law and not accessory to b V such permitted building or use; any structure or use, whether or not otherwise rt CO permitted or accessory to a permitted building or use, which may be disturbing Q •• or detrimental to the health, safety or welfare of persons working or living in •• the neighborhood by reason of special danger of fire or explosion, pollution of water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust or o glare,, excessively bright or flashing lights, electromagnetic radiation, rt offensive noise, or vibration No No No No No No No No No No No No 25.10.2 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No No 25.10. 3 Billboards No No No No No No No No No No No No (Adopted. In Favor: 134 Opposed: 38 9:05 P.M. See Page 340) I 1_ J [ j (Adjourned Town Meeting - April 24, 1978.) '4 '-'" Article 62. Albert P. Zabin moved that this article be indefinitely postponed. 9:06 P.M. Mr. Zabin filed the Planning Board Report covering Article 62. Motion to indefinitely postpone Article 62 carried unanimously. 9:07 P.M. Article 63. Albert P. Zabin moved that this article be indefinitely postponed. 9:07 P.M. r-- Mr. Zabin filed the Planning Board Report covering Article 63. 9:07 P.M. George P. Wadsworth, Chairman of the Board of Appeals, stated that his board is in favor of indefinite postponement. 9:08 P.M. Motion to indefinitely postpone Article 63 carried unanimously. 9:08 P.M. Article 64. Presented by Albert P. Zabin. MOTION: That the Sign By-Law of the town be amended as set forth in the article. 9:09 P.M. (Article 64 as set forth in the article: ARTICLE 64. To see if the Town will vote to amend the Sign By- Law as follows by: 1. Striking from Article III, Section 2(A) (1) (a) the third sentence, and substituting therefor "If affixed to a wall or roof, it shall be parallel with and not project more than twelve (12) inches from the face of such wall; except that if such sign employs no lettering with letters exceeding three inches in height, it may be perpendicular to the wall and project no more than thirty-six inches from the face of the wall. Any person wishing to erect a sign perpendicular to the wall shall first apply to the Board of Appeals for a permit to do so. An appli- cation for such a permit shall include a facsimile of the proposed sign; in the proposed colors and drawn and lettered to scale. Such a sign shall be wood or have the appearance of wood. 2. Inserting after the first paragraph of Article III, Section 2(A) (1) (f) the following: Brilliance of illuminated signs shall at no point, except in the illuminated letters, exceed 150 foot lamberts. Interior illumination of signs are prohibited, except for gasoline filling stations. or act in any other manner in relation thereto.) George P. Wadsworth moved that this article be recommitted to the Planning Board. 9:15 P.M. Wilbur M. Jaquith spoke from the balcony in opposition to the main I®' motion. 9:21 P.M. Mr. Wadsworth's motion to recommit Article 64 to the Planning Board was declared lost by voice vote. 9:25 P.M. Mr. Jaquith asked, if this by-law is adopted, what guidelines would the Board of Appeals use when someone comes before the town. Mr. Zabin answered that they would use the same guidelines as they do now for horizontal signs. 9:30 P.M. y/ 0 (Adjourned Town Meeting - April 24, 1978.) Article 64. James M. McLaughlin moved for indefinite postponement of Article 64. (Cont.) 9:33 P.M. Motion for indefinite postponement was declared adopted, but this decision was doubted by more than twenty members, therefore a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Stephen W. Doran 4 2 6 Donald D. Wilson 13 3 7 Erna S. Greene 11 4 4 Ruth S. Thomas 13 5 11 Guy W. Doran 8 6 6 Sam V. Nab to 9 7 8 David Reiner 8 8 13 Ione D. Garing 4 9 9 Roy Weinstein 8 At large 9 Edward E. Furash 11 Totals 83 89 Motion for indefinite postponement of Article 64 does not prevail. 9:35 P.M. Main motion, as offered by Mr. Zabin, declared lost by voice vote. 9:35 P.M. Article 65. Presented by Frank Sandy. MOTION: That the Zoning By-Law of the Town be amended by adding thereto a new Section 41 as set forth in the article except that the words "Board of Appeals" in Section 41.6 be changed to "SPGA" and that the word "of" as it appears in the first line of Section 41.9 (Approved be changed to "or". by Atty. 9:36 P.M. General, July 25, 1978. (Article 65 as set forth in the article: Posted in Town ARTICLE 65. To see if the Town will vote to amend the Zoning Office By-Law by: Bldg. & nine 1. Adding thereto a new section 41 as follows: precincts Aug. 16, SECTION 41. CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT-CD 1978.) 41.1 GENERAL OBJECTIVES The CD district is intended to allow greater flexibility in land use planning for the development of tracts of land for commercial or industrial use, and to enable the SPGA to require adherence to site development and use plans presented to Town Meeting, in the granting of a special permit as provided in this section. 41.2 USES IN THE ABSENCE OF A SPECIAL PERMIT In the absence of a special permit provided for in this section or upon abandonment of all uses permitted by such special permit, the permitted uses and dimensional controls in a CD district shall be those presently in effect in the district for which the land was zoned immediately prior to its inclusion in the CD district. 41.3 TOWN MEETING PRESENTATION A proposal to Town Meeting to include specific land in a CD district shall be accompanied by, and reference explicitly, a preliminary site development and use plan, which shall be filed with the Town Clerk. (Adjourned Town Meeting - April 24, 1978.) n i Article 65. This plan shall show in a general manner, but drawn to scale, (Cont.) the proposed locations, types, floor plans and designs for the proposed buildings, accessory structures, drives, parking areas, exterior lighting, landscaping, proposed grading, bodies of (As set water, watercourses, drainage system, and the proposed location forth of any permanent open space. The plan shall show the minimum in the setback of buildings and parking areas from all bodies of water, article) watercourses, and boundaries. The plan shall also show the amount of parking to be provided. The plan shall list all uses which are proposed for the land and buildings. -- The plan may also contain such additional specifications as the proponent feels necessary to pursuade Town Meeting that the development will serve the public interest. If such additional specifications are included, adherence to them shall be required in the same manner as the mandatory specifications. 41.4 SPECIAL PERMIT PROVISIONS Within two years of the approval of a plan for a CD district by Town Meeting, the SPGA may grant a special permit for the development of a tract of land in the CD district subject to the following provisions. The special permit shall incorporate by reference the building design and site development plans filed with the application for a special permit, and such plans shall conform substantially to the plans approved by Town Meeting. The permit may allow any or all of the uses specified in the plan approved by Town Meeting but no others. The SPGA may in its discretion, permit minor deviations from the plan approved by Town Meeting provided they do not conflict with the intent of the plans, they do not allow building coverage, building floor area, or paved area, to exceed that shown on the approved plan by more than 10%, and provided that all minimum setbacks shown on the approved plan are complied with. The permit shall require that any land [-- designated as permanent open space on the approved plan shall be protected by an easement granted to the Town. The permit shall contain such additional conditions as the SPGA finds will serve the public interest. 41.5 APPLICATION REQUIREMENTS The application to the SPGA for a special permit under this section shall be accompanied by a plan showing the parcel involved, its topography including proposed changes, soil culture, proposed location, dimensions, materials and type of construction of drives and parking areas, exterior lighting plans, exterior signs, proposed drainage system, permanent open space, landscaping and other improvements, and the location and outlines of proposed buildings and accessory structures. It shall also contain preliminary architectural drawings for the building plans, including typical floor plans, elevations and sections. It shall also be accompanied by an order of conditions from the Conservation Commission pursuant to Article XXXIII of the General By-Laws or a determination by the Conservation Commission that Article XXXIII is not applicable or that con- ditions are not necessary. Copies of the aforesaid plans shall be submitted to the Planning Board, Conservation Commission, Board of Health and Town Engineer. 41.6 Planning Board Report and Recommendations L The Planning Board shall submit in writing to the SPGA its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 41.61 A general description of the tract in question and surrounding areas. 41.62 An evaluation of the probable impact of the proposed development on Town services and facilities. (Adjourned Town Meeting - April 24, 1978. ) Article 65. (Article 65 as set forth in the article: (Cont.) (Cont. ) 41.63 A review of the proposed development, including such aspects as the type or style of buildings, the size of development and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 41.64 An opinion of the Planning Board whether the site, the proposed development layout, the proposed development will constitute a suitable development compatible with the surround- ing area. 41.65 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition for granting the special permit. 41.7 SPGA ACTION The SPGA shall not take any action on an application for a special permit for a CD district development until the Planning Board, Conservation Commission, Board of Health and Town Engineer have submitted written recommendations to the SPGA or 35 days have passed. Where its decision differs from the recommenda- tions of the above Boards or individuals, the SPGA shall state in its decision the reasons therefor. The SPGA may deny an application for a special permit under this section if it finds the proposed development does not substantially conform to the plans presented to Town Meeting or if it fails to make a finding and determination that the proposed development will constitute a suitable development and will not result in significant detriment to the neighborhood. 41.8 AMENDMENT OF THE SPECIAL PERMIT At any time subsequent to the issuance of a permit under this section, the SPGA may issue a new or amended special permit in accordance with the procedures required for the original permit. 41.9 CHANGES IN USES OR SITE DEVELOPMENT PLAN Changes in uses or substantial changes in the site development plan approved by Town Meeting may be made only after approval by Town Meeting of a new preliminary site development and use plan according to the procedures used for a zoning amendment, followed by the issuance of a special permit based on the new approved plan. 2. By adding at the end of Section 20.2 the following new designa- tion: CD-Controlled Commercial and Industrial District, or act in any manner in relation thereto.) Frank Sandy filed the Report of the Planning Board on Article 65. 9:39 P.M. 1 Main motion, as presented by Mr. Sandy, declared carried unanimously. 9:40 P.M. (Adjourned Town Meeting - April 24, 1978.) Myron L. Miller moved that Article 58 be taken from the table which was declared carried by voice vote. 9:41 P.M. (See Page 332) Article 58. (The following gave notification that they would abstain from voting on Article 58: Guy D. Busa, Wallace Cupp, Martin A. Gilman and Mary R. McDonough.) The motion on the floor, as presented by James F. Crain at the April 14, 1978 session of this town meeting, is for indefinite postponement. (See Page 332) r-- William A. Ridgley moved the following substitute motion: That the Town vote to accept Section 100B of Chapter 41 of the General Laws. 9:57 P.M. The Moderator stated that if the substitute motion prevails that there would be unlimited time for debate. 9:58 P.M. At the request of Mr. Ridgley, Neal Rossman, Attorney for the Fire- fighters Union, was recognized and explained that any policeman or firefighter that was injured on duty and retired on disability, that if this section were accepted that the town would be responsible for medical bills after they retire. He stated, that at this time, it would be impossible to give a price tag and that the cost would have to be taken on a year to year basis. Policemen and firefighters are not covered by Workmens Compensation. 10:03 P.M. Robert B. Kent stated that the Board of Selectmen unanimously favor indefinite postponement of Article 58. He added that they are not against the article as such, but it is an additional benefit and the board takes the position of the Town Manager, and that is that this should be worked out in the bargaining process. Therefore, the Board of Selectmen oppose the substitute motion. 10:05 P.M. Town Manager, Robert M. Hutchinson, Jr. , spoke in agreement with LMr. Kent's statement. 10:05 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that his committee supported the position of the Board of Selectmen in favor of indefinite postponement. 10:07 P.M. The Moderator, at 10:10 P.M. , stated that time for debate on the substitute motion was over and, if the substitute motion prevails, the substitute motion would become the main motion. Roger G. Trudeau read the Code of Ethics Resolution adopted under Article 81 at the Adjourned Session of the 1976 Annual Town Meeting held April 7, 1976. He questioned the ethics of some of the Town Meeting Members voting on this article and James Cataldo asked if the - resolution was legal. 10:13 P.M. Mr. Ridgley's substitute motion was declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 14 Stephen W. Doran 1 2 17 Donald D. Wilson 3 3 12 Erna S. Greene 7 4 7 Ruth S. Thomas 10 5 9 Guy W. Doran 7 6 2 Sam V. Nablo 13 7 5 David Reiner 9 8 7 Ione D. Garing 7 9 7 Roy Weinstein 12 At large 3 Edward E. Furash 13 Totals 83 82 Motion to substitute, as offered by Mr. Ridgley, prevails. 10:18 P.M. The substitute motion is now the main motion. (Adjourned Town Meeting - April 24, 1978.) _ 4? Article 58. After general discussion, Albert P. Zabin moves that a roll call vote (Cont.) be taken on the main motion. 10:41 P.M. The Moderator asked for a standing vote of those in favor of the roll call vote, results as follows: Precinct Tellers In Favor 1 Stephen W. Doran 8 2 Donald D. Wilson 5 3 Erna S. Greene 13 4 Ruth S. Thomas 7 , 5 Guy W. Doran 4 6 Sam V. Nablo 4 7 David Reiner 11 8 Ione D. Garing 5 9 Roy Weinstein 6 At large Edward E. Furash 7 Total 70 Motion for a roll call vote prevailed. 10:43 P.M. Paul E. Hamburger moved the previous question which was declared carried by voice vote. 10:45 P.M. The roll call vote on William A. Ridgley's motion, which is now the main motion under Article 58, was taken by the Town Clerk, Mary R. McDonough, starting at 10:46 P.M. and completed at 10:57 P.M. with the result as follows: (Final result announced by the Moderator at 11:02 P.M.) ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, Sheila M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Homer J. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Reed, Haskell W. x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela M. x Zabin, Albert P. x Zabin, Judith L. TOTALS 14 2 1 4 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Hadley, William P. x MacArthur, Lillian T. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x (Adjourned Town Meeting - April 24, 1978.) Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.) (Cont.) PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT O'Neil, William J. x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Silverman, George S. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 10 11 0 0 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. III x Briggs, Donald H. Jr. x Buchfirer, Joy C. x Busa, Guy D. X Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x F-- Ridgley, William A. x Rif fin, Paul V. x � ._ Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x TOTALS 8 12 0 1 PRECINCT FOUR Abegg, Gerald L. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Fenn, Dan H. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Furash, Edward E. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x TOTALS 6 13 1 1 ; v�fn (Adjourned Town Meeting - April 24, 1978.) Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.) (Cont.) PRECINCT FIVE YES NO ABSTAINED ABSENT Altman, Barry x Berchtold, Jane E. x Brown, Otis S. Jr. x Burrell, Arthur E. x Cravis, Howard x Cupp, Wallace x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Graham, Donald M. x Hamburger, Paul E. x Jervis, Edward W. Jr. x McCormack, George F. x Patkin, Judith K. x Shaughnessy, Madeline A. x Silverman, Sam x Taylor, Lloyd D. x Weiss, Ephraim x Williams, David G. x TOTALS 6 10 1 4 PRECINCT SIX Bailey, Fred C. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x ' Crothers, Joan P. x Downey, John F. Jr. x Hall, Harry A. III x Harvell, John T. x Kenney, Allan F. x Marshall, Paul W. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 1 17 0 3 PRECINCT SEVEN Bond, Robert E. x Campbell, John R. x Friedman, Manfred P. x 1 Friedman, Winifred L. L. x Gilson, Lloyd x __J Gordon, Clarice B. x Grace, Leo J. x Kalil, Marthur H. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Sullivan, Richard L. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x (Adjourned Town Meeting - April 24, 1978.) ^7 Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.) (Cont.) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Whitman, Allen Lee Jr. x Wood, Martha C. x TOTALS 5 13 1 2 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Burbidge, Robert J. x Carlson, John E. x Connolly, Charles E. x i Fitzgerald, William P. x Garing, Ione D. x Mancini, Anthony L. x McCabe, Christopher x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Plasse, Paul A. x Richardson, Albert S. Jr. x Sarmanian, Jack x Scanlon, Temple E. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x F-- Stolz, Shirley H. _ x _ TOTALS 7 8 0 6 PRECINCT NINE Albertine, Donald F. x Barnes, Gordon E. Jr. x Buckley, James J. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Hinkle, Alice M. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 9 10 1 1 n (Adjourned Town Meeting - April 24, 1.978.) Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.) (Cont.) TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. _ x TOTALS 1 5 2 1 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 14 2 1 4 21 Precinct Two 10 11 0 0 21 Precinct Three 8 12 0 1 21 Precinct Four 6 13 1 1 21 Precinct Five 6 10 1 4 21 Precinct Six 1 17 0 3 21 Precinct Seven 5 13 1 2 21 Precinct Eight 7 8 0 6 21 Precinct Nine 9 10 1 1 21 At large 1 5 2 1 9 Totals 67 101 7 23 198 Main motion, as offered by William A. Ridgley, first as a substitute motion and then as the main motion, does not prevail. 11:02 P.M. .J Margery M. Battin moved that the meeting be adjourned to Wednesday, April 26, 1978 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 11:02 P.M. A true copy. Attest: —21) (�✓,k.. /1 U i, d J Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 26, 1978 1 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 167 Town Meeting Members present. The invocation was offered by Rev. Polly Laughland of the Follen Community Church. 8:08 P.M. James M. McLaughlin moved for reconsideration of Article 4 (except line item 7 #7920) . 8:09 P.M. Mr. McLaughlin explained that there should be a lottery for summer jobs and that the sons and daughters of town employees should be eligible. 8:10 P.M. Robert M. Hutchinson, Jr. , Town Manager, spoke in opposition saying that sons and daughters of town employees have been hired in hardship cases in the past and in answer to a question by Robert I. Rotberg he said this year there would be approximately fifteen positions to be filled. 8:14 P.M. After general discussion Julian J. Bussgang moved that the motion to reconsider Article 4 be deferred until after Article 69 which was declared carried by voice vote. 8:24 P.M. 1 (See Page 363) David G. Williams moved that Article 41 be taken from the table. Carried by voice vote. 8:24 P.M. (See Page 326) Article 41. (See Page 326) David G. Williams moved that this article be indefinitely postponed. Carried Unanimously. 8:24 P.M. Otis S. Brown, Jr. moved that Article 4, line item #7920 be taken from the table which was declared carried by voice vote. 8:25 P.M. (See Page 286) Article 4. (See Page 286) Presented by Otis S. Brown, Jr. #7920 Public School Education $16,209,840.* *of which $12,100. is for Out-of-State Travel. To which the sum of $324,288. in available and anticipated P.L. 874 and other Federal and State Funds, and $15,000. in available and anticipated athletic receipts is to be applied and the balance is raised and - appropriated under this article. 8:27 P.M. After Otis S. Brown, Jr. gave a short explanation he asked that Dr. John Lawson, Superintendent of Schools be recognized. Dr. Lawson • gave a lengthy breakdown of the budget and showed slides. 9:57 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that the tax rate had gone up to $90.65, having started at $90.60 at the beginning of the meeting, and would now be $92.40 if this school budget is adopted. He also felt that the contract (teachers) that had been negotiated today was a very reasonable one. 9:01 P.M. In answer to a question by Julian J. Bussgang, Mr. Brown answered that the three year teachers contract was for 5%, 5 1/2% and 5 1/2%. 9:08 P.M. Mr. Brown's motion on line item #7920 declared adopted by voice vote. 9:12 P.M. z _ (Adjourned Town Meeting - April 26, 1978.) Article 66. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 9:13 P.M. (Motion as set forth in the motion attached to the report of the Planning Board: MOTION: That the Zoning By-Law of the Town be amended by: 1. Amending Section 12 by deleting subsection 12.2 and renumbering 1 (As Subsection 12.3 to 12.2; adopted) 2. Replacing, in Section 24, "Subsection 12.2" by "Subsection 13.1" and "Section 13" by "Subsection 13.2". 3. Striking Subsection 24.2 and replacing it by: 24.2 In the Use (Approved Regulation Schedule, Section 25, the uses enumerated in Subsections by Atty. 25.1 through 25.7 are the principal uses of buildings or land, the General, uses enumerated in Subsection 25.9 are accessory uses within the July 25, definition of Section 1 of this By-Law, the uses enumerated in 1978. Subsections 25.8 and 25.10 include all uses, whether principal or Posted accessory; in Town Office 4. Replacing, in Subsection 24.3, "25.95" by "Subsection 25.10.1"; Building & nine 5. Striking Subsection 24.4 and replacing it by: 24.4 Residential precincts apartments under Subsection 25.1.4 may only be permitted by Special on Permit under Subsection 13.1 in the same structure with one or more Aug. 16, of the uses listed in Subsections 25.4.1 through 25.4.4 and Sub- 1978.) section 25.6.5 through 25.6.9 of the Use Regulation Schedule and subject to the following conditions: ; 6. Replacing, in Subsections 24.5, 30.2, 30.3, 33.65, "Subsection 12.2" by "Subsection 13.1"; 7. Replacing, in Subsection 28.18, "Section 13" by "Subsection 13.2"; ._.J 8. Striking Section 13 and replacing it by the following: SECTION 13.0 Special Permits 13.1 Special Permits (SP) 13.1.1 The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this By-Law, subject to any general or specific rules therein con- tained, and subject to appropriate conditions, safeguards and limitations on time or use. In granting a special permit, the SPGA shall impose such additional conditions and safeguards as furthers the following objectives: To lessen congestion in the streets, to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to facilitate the ade- quate provision of drainage, parks, open space and other public requirements; to encourage housing for persons of all economic levels; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of lands throughout the Town and to preserve and increase amenities. Such special permit may be granted when in the judgment of the SPGA the public welfare and convenience will be substantially served thereby, where a requested permit will not tend to impair the status of the neighborhood, and only for uses which are in harmony with the general purpose and intent of this By-Law. 13.1.2 At the time of filing the applicant shall file one copy with the Town Clerk and six copies with the Special Permit Granting Authority which shall forthwith deliver copies to the Planning Board, Board of Selectmen, Conservation Commission, Board of Health and Town Engineering Department. The SPGA shall hold a hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, and shall render its decision within 90 days of said hearing. (Adjourned Town Meeting - April 26, 1978.) Article 66. 13.1.3 Construction on or use of property under a special (Cont. ) permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as (As continuously and expeditiously as is reasonable. A special permit adopted) shall lapse two years from the granting thereof or such shorter time as specified in said permit if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause, but such period shall be extended by the time [-- required to pursue or await determination of an appeal. 13.2 Special Permits with Site Plan Review (SPS) 13.2.1 Site plan review by the SPGA is required prior to 1 approval of an application for a special permit in certain cases specified in Section 25 (designated "SPS" in the Use Regulation Schedule) . In such cases, a special permit shall be issued only if the SPGA makes a finding and determination that the proposed placement of buildings, major topographic changes, provisions for waste disposal, surface and ground water drainage, protection against flooding and inundation, prevention of water pollution and environmental damage, erosion control, parking areas, loading areas, maneuvering areas, driveways, and the location of inter- sections of driveways and streets will constitute a suitable devel- opment and will not result in substantial detriment to the neigh- borhood. 13.2.2 A person applying for a special permit under Subsection 13.2 shall file with the SPGA six copies each of an application and a preliminary site plan. Such application and site plan shall include the elements on which the SPGA is to make a finding and determination, as provided in Subsection 13.2.1 and shall also include information as to the nature and extent of the proposed use of the buildings, and such further information in respect to such elements and use as the SPGA shall reasonably require. At the time of application to the SPGA, there shall be filed a plot plan for planting and landscaping showing type, size and location of trees and shrubs. 13.2.3 The SPGA shall within three days (Saturdays, Sundays and holidays excluded) of receipt of them transmit to the Planning Board two copies of the application and site plan filed under Subsection 13.2. The Planning Board shall consider these and submit a final report thereon with recommendations to the SPGA. The SPGA shall not make a finding and determination upon an appli- cation until it has received the final report of the Planning Board thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan to the Planning Board without such report being submitted. 13.2.4 The SPGA shall hold a public hearing within 65 days after filing and, except as hereinafter provided, shall take final action on an application within 90 days after the hearing. Such final action shall consist of either (1) a finding and deter- mination that the proposed construction, reconstruction, substantial exterior alteration or addition will constitute a suitable develop- ment and will not result in substantial detriment to the neighbor- hood or (2) a written denial of the application for such finding and determination, stating the reasons for such denial, which reasons shall include a statement of the respect in which any elements in and particular features of the proposal are deemed by the SPGA to be inadequate, unsuitable or detrimental to the neigh- borhood. A finding and determination may be made subject to such reasonable conditions, modifications and restrictions set forth therein as the SPGA may deem necessary to insure that the proposed construction, reconstruction, substantial exterior alteration, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood. fa (Adjourned Town Meeting - April 26, 1978.) Article 66. 13.2.5 In the event that the SPGA approves a Special Per- (Cont. ) mit under these provisions, any construction, reconstruction, sub- stantial exterior alteration, or addition shall be carried on only in conformity with any conditions, modifications and restrictions to which the SPGA shall have made its finding and determination (As subject, and only in essential conformity with the application and adopted) the site plan on the basis of which the finding and determination are made. 13.2.6 The period within which final action shall be taken may be extended for a definite period by mutual consent of the SPGA and the applicant. In the event the SPGA determines that the site plan and evidence presented to it at the public hearing are inadequate to permit the SPGA to make a finding and determina- tion, it may, in its discretion, instead of denying the application, adjourn the hearing to a later date to permit the applicant to sub- mit a revised site plan and further evidence, provided, however, that such adjournment shall not extend the 90 day period within which final action shall be taken by the SPGA, unless said period is extended to a day certain by mutual consent. 13.2.7 The SPGA shall file with its records a written report of its final action on each application, with its reasons therefor. 13.2.8 In the event the SPGA shall fail to take action on an application within the times set forth in Subsection 13.2.4 or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of said times, the SPGA shall be deemed to have found and determined that the proposed construction, reconstruction, substantial external alter- ation, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood.) Mr. Friedman filed the Planning Board Report covering Article 66 and stated that the Board unanimously supported this article. 9:13 P.M. Main motion, as presented by Mr. Friedman, declared carried unanimously. 9:15 P.M. Article 67. Presented by Iris G. Wheaton. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article with the following changes in subsection 40.4 as printed in the material distributed by the Planning Board, the words "Conservation Commission" be changed to the words "Board of Appeals". and that a third sentence be added under subsection 40.4.1 as follows: "All other development must meet at least the minimum standards as set forth in the National Flood Insurance Program rules and regulations effective April 1, 1978." 9:16 P.M. (Motion as set forth in the motion attached to the report of the Planning Board on Article 67 as follows: (with necessary corrections incorporated) (As MOTION: That the Zoning By-Law of the Town be amended as follows: .� adopted) 1. By adding a new subsection 20.4 as follows: "20.4 National Flood Insurance Districts: NFID - National Flood Insurance Districts, which are superimposed on other districts, and are regulated in Section 40." (Adjourned Town Meeting - April 26, 1978.) Article 67. (Motion as set forth in the motion attached to the report of the (Cont.) Planning Board on Article 67 with necessary corrections incorporated: (Cont.) 2. By adding a new subsection 22.7 as follows: "22.7 NFID - National Flood Insurance Districts (As adopted) 22.71 National Flood Insurance Districts as defined in the HUD Flood Insurance Study and as shown on maps entitled "Flood Boundary and Floodway Map, Town of Lexington, -- Massachusetts, effective June 1, 1978" and "Flood (Approved Insurance Rate Map, Town of Lexington, Massachusetts, by Atty. effective June 1, 1978" which are on file with the General, Town Clerk." July 25, 1978. 3. By adding the following sentence after the second sentence of Posted Section 24: in Town Office "Use of land in the National Flood Insurance District shall be Building governed by the requirements of Section 40, as well as the & nine requirements of the Use Regulation Schedule." precincts on 4. By adding a new Section 40 as follows: Aug. 16, 1978.) SECTION 40 - National Flood Insurance District 40.1 The purpose of this district is to insure proper flood plain management consistent with criteria established by the National Flood Insurance Program. 40.2 The National Flood Insurance District shall not supercede other zoning districts but shall be deemed to be super- imposed over these other zoning districts. 40.3 This district shall include all special flood hazard areas '— designated either as Zone A or Zone Al through A30 on the Flood Insurance Rate Map (F.I.R.M.) . 40.4 The Board of Appeals shall be the Special Permit Granting Authority for this section. Special Permits for construc- tion or substantial improvements may be granted subject to the following requirements. 40.4.1 Within those areas designated as Zones Al through A30, all new residential construction or substantial improvements (the cost of which equals or exceeds fifty percent of the market value of the structure) shall have the lowest floor, including basement, elevated to or above the base flood level (the 100-year flood elevation) designated on the F.I.R.M. Nonresidential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level. All other development must meet at least the minimum standards as set forth in the National Flood Insurance Program rules and regulations effective April 1, 1978. 40.4.2 Within those areas designated as Zone A, where the base flood level is not identified on the F.I.R.M. , the applicant for a special permit shall provide the SPGA with data defining the base flood level. This data will be used to comply with the requirements of Section 40.4.1. 40.4.3 Within those areas designated as a floodway, the SPGA shall grant no special permit for the following encroachments unless a registered professional engineer or architect certifies that such encroach- ments will not result in any increase in the flood level during the occurrence of the 100 year flood discharge: 7 (Adjourned Town Meeting - April 26, 1978.) Article 67. (Motion as set forth in the motion attached to report of the Planning (Cont. ) Board on Article 67 with necessary corrections incorporated (Cont.) 40.4.3 (Cont.) Landfill or dumping of any kind Construction or substantial improvements Permanent storage of materials or equip- ment Construction permitted within a floodway must comply with the requirement of Section 40.4.1. 40.4.4 Where watertight floodproofing of a structure is permitted, a registered professional engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100 year flood.) Iris G. Wheaton stated that the Planning Board unanimously supported this article and filed the Report of the Planning Board on Article 67. 9:27 P.M. Main motion, as presented by Mrs. Wheaton under Article 67, declared carried unanimously. 9:28 P.M. Article 68. Temple E. Scanlon moved that this article be indefinitely postponed. Carried Unanimously. 9:29 P.M. Article 69. William J. Dailey, Jr. moved that this article be indefinitely postponed. Carried Unanimously. 9:29 P.M. Mary W. Miley moved that Article 49 be taken from the table. This motion was carried unanimously. 9:30 P.M. (See Page 330) Article 49. (Motion as presented by Mary W. Miley at the April 12, 1978 session of this town meeting - see page 330: MOTION: That the Selectmen be and they are hereby authorized to convey the discontinued portion of Hinchey Road from Hartwell Avenue a distance of 600 feet more or less to its end as shown upon a plan on file in the office of the Town Clerk dated January 19, 1961 to either of the two abutting owners for not less than $15,000.00 and on such other terms as the Selectmen deem advisable, provided that the grantees will bear all expenses of the conveyance.) Mrs. Miley moved to amend her motion by striking the sum of $15,000.00 and substituting therefor the figure $45,000.00. 9:32 P.M. Mrs. Miley's motion to amend is adopted by voice vote. 9:34 P.M. Main motion, as amended now reads: (Motion MOTION: That the Selectmen be and they are hereby authorized to convey as the discontinued portion of Hinchey Road from Hartwell Avenue a distance adopted) of 600 feet more or less to its end as shown upon a plan on file in the office of the Town Clerk dated January 19, 1961 to either of the two abutting owners for not less than $45,000.00 and on such other terms as the Selectmen deem advisable, provided that the grantees will bear all expenses of the conveyance. Main motion, as amended, carried unanimously. 9:34 P.M. (Julian J. Bussgang abstained from voting on Article 49.) (Adjourned Town Meeting - April 26, 1978.) ` "`"' Mary W. Miley moved that Article 50 be brought up for consideration. (Article 50 was recommitted to the Board of Selectmen at the April 12, 1978 session of the this town meeting - See Page 330.) Mrs. Miley's motion to bring up Article 50 at this time was carried unanimously. 9:35 P.M. Article 50. (See Page 330.) Presented by Mary W. Miley. MOTION: That the Selectmen be and they are hereby authorized to accept as a gift from the Commonwealth of Massachusetts approximately eleven acres of land consisting of Parcels 101 through 107 as shown on a plan entitled "The Commonwealth of Massachusetts, Plan of Road in the Town of Lexington, Middlesex County, Laid out as a State Highway by the Department of Public Works, January 20, 1953, Scale: 40 feet to the inch, W.C. Tuttle, Chief Engineer, Layout No. 4034", recorded in the Middlesex South Registry of Deeds, Book 8029, Page 479, for conservation, recreation and housing purposes. 9:35 P.M. Mrs. Miley stated that this land is to be used only for public purposes. 9:37 P.M. Motion, as presented by Mrs. Miley, carried unanimously. 9:39 P.M. At the request of Otis S. Brown, Jr. , Chairman of the School Committee, Robin Jacobsohn of the championship Lexington High School Debating Team was brought to the front of the hall amid a standing ovation. Proclamations were read by Margery M. Battin for the Board of Selectmen and by Moderator and State Represent- ative Lincoln P. Cole, Jr. for the House of Representatives. The team was being recognized for winning the Massachusetts competition on April 15, 1978. 9:45 P.M. The Moderator stated that the motion on the floor at this time is the motion to reconsider Article 4 (with the exception of line item #7920) with fourteen minutes left to debate. (See Page 357.) 9:46 P.M. Motion to reconsider Article 4 (with the exception of line item #7920) as offered by James M. McLaughlin at the beginning of this session of town meeting (See Page 357) was not adopted. 9:47 P.M. Daniel E. Power moved for reconsideration of Article 17. 9:47 P.M. (See Pages 292 and 293.) Alfred S. Busa stated that the Board of Selectmen were unanimous in support of the sidewalks being built. 9:54 P.M. Standing vote on Mr. Powers's motion to reconsider Article 17 as follows: Precinct In Favor Tellers Opposed 1 3 Stephen W. Doran 7 2 6 Donald D. Wilson 11 3 17 Erna S. Greene 3 4 8 Daniel L. McCabe 6 5 12 Guy W. Doran 5 6 9 Sam V. Nablo 3 7 8 David Reiner 6 8 10 Ione D. Garing 5 9 13 Roy Weinstein 0 At large 2 Edward E. Furash 20 88 66 Motion to reconsider Article 17, as offered by Mr. Powers, prevails. 9:57 P.M. 7-i (Adjourned Town Meeting - April 26, 1978.) Article 17. (See Pages 292, 293 and 363.) (Motion as presented by Alfred S. Busa at the March 22, 1978 adjourned session of this town meeting and as adopted: MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one- half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $34,000.00 for such construction and land acquisition, and that such amount be raised in the tax levy.) Daniel E. Power moved to amend the original motion by striking the amount of $34,000.00 and substituting therefor the amount of $20,000.00. 9:58 P.M. Planning Board member Manfred P. Friedman stated that he supported the main motion but will support the amendment. 10:03 P.M. Daniel E. Power stated that he would abstain from voting on this amendment. 10:11 P.M. Mr. Powers motion to amend Article 17 declared lost by voice vote. 10:12 P.M. In answer to a question by Ephraim Weiss, Alfred S. Busa stated that if a sidewalk does not need replacement, then it would not be replaced. 10:13 P.M. John F. Downey, Jr. moved the previous question, which was declared carried by voice vote. 10:15 P.M. Main motion, as offered by Mr. Busa on March 22, 1978, declared lost by voice vote. 10:15 P.M. Article 70. Presented by Margery M. Battin. MOTION: That the sum of $261,000.00 be appropriated to reduce the �. tax rate for the fiscal year beginning July 1, 1978, and that such amount be transferred from the Excess and Deficiency Account. 10:15 P.M. Mrs. Battin commented that this would be $1.00 on the tax rate. Motion, as presented by Mrs. Battin, declared carried unanimously. 10:15 P.M. The Moderator stated that the motion on the floor at this time is Article 48. (See Page 330.) 10:15 P.M. Article 48. Presented by Robert B. Kent. MOTION: That the Selectmen be and they hereby are authorized to convey all or any part of the land adjacent to the Burlington town line acquired pursuant to the vote under Article 10 of the warrant for the June 14, 1971 Special Town Meeting to the original owners on such terms as the Selectmen shall determine and that the Selectmen be and they are hereby authorized to petition the General Court for an act to authorize such conveyance. 10:17 P.M. --- Barry Altman gave notice that he would abstain from voting on this article. Mr. Kent stated as of this date the Moss land has been settled for $100,000.00 which would be 40G on the tax rate. The Board of Select- men are unanimous in asking support for this article. 10:23 P.M. (Adjourned Town Meeting - April 26, 1978. ) Article 48. Lloyd Gilson, aided by Graydon M. Wheaton, spoke in opposition. (Cont.) 10:35 P.M. Martha C. Wood stated that Precinct 7 was unanimous in opposition to this article. 10:39 P.M. Mr. Kent stated that if the motion is adopted, the board will consider settling claim and no right of way could be acquired for land devel- opment in Burlington. If the motion is defeated, the board will try to get a negotiated settlement. 10:57 P.M. Mary W. Miley said that Precinct 7 was not unanimously opposed to this motion as she is a resident of Precinct 7 and would be affected by traffic etc. but nevertheless she supports the article. 11:23 P.M. Mr. Kent commented that the Nordblum land is the only land to be conveyed back. 11:25 P.M. Donald B. White stated that a majority of the Appropriation Committee supports this article. 11:28 P.M. Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 11:40 P.M. As this motion needs a two-thirds vote, the Moderator asked for a standing vote with results as follows: Precinct In Favor Tellers Opposed 1 6 Stephen W. Doran 3 2 11 Donald D. Wilson 5 3 12 Erna S. Greene 8 4 11 Ruth S. Thomas 3 5 8 Guy W. Doran 8 6 7 Sam V. Nablo 7 7 0 David Reiner 15 r'—' 8 14 Ione D. Garing 1 9 9 Roy Weinstein 3 At large 12 Edward E. Furash 8 90 61 Less than the required two-thirds having voted in favor, the main motion as presented by Mr. Kent is not adopted. 11:45 P.M. Margery M. Battin moved that this meeting be dissolved. Carried Unanimously. 11.:45 P.M. A true copy. Attest: ir c 414.4-tAlye Mary R. McDonough, Town Clerk Allen Lee Whitman, Jr. , 31 Turning Mill Road, Town Meeting Member from Precinct Seven, died on May 26, 1978. Francis X. Fields, 53 Dexter Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Seven at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Seven effective June 9, 1978. Mr. Fields will fill the vacancy caused by the death of Mr. Whitman for a term expiring in March 1979. Joan P. Crothers, 60 Meriam Street, resigned as a Town Meeting Member from Precinct Six effective June 12, 1978. Earl F. Baldwin, Jr. , 77 Meriam Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Six at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Six effective June 19, 1978. Mr. Baldwin will fill the vacancy caused by the resignation of Mrs. Crothers for a term expiring in March 1979. Edward E. Furash, 15 John Poulter Road, resigned as a Town Meeting Member from Precinct Four effective July 13, 1978. Robert M. Gary, 29 Highland Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Four at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Four effective August 14, 1978. Mr. Gary will fill the vacancy caused by the _ resignation of Mr. Furash for a term expiring in March 1979. J (WARRANT FOR STATE PRIMARIES - SEE WARRANT FILE) L STATE PRIMARIES September 19, 1978 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 19, 1978 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Norma B. Jervis Clerk D Lorraine C. Baron D Margaret M. Potter Inspector R Dorothy P. Gauthier R Virginia M. Warner Inspector D Ann M. Pace D Catherine F. Hooper Inspector R Dorothy F. LeBert R Josephine S. Siders Inspector D Phyllis C. Bradford Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Carol A. Goldthwait D Alice A. Coletta Inspector D Marguerite A. Cronin R Winifred F. Hubbard Inspector R Mary G. McCauley D Leslie A. McCabe Inspector D Bruce S. Gordon R Edith L. Bernardi Inspector R Blanche T. Johnson Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector D Helen M. Hoyle D Anne C. Williamson Inspector R Harold W. Josephson R Winifred E. Ivester Inspector D Elizabeth H. Clarke D Marjorie M. Daggett Inspector R Gloria D. Colbert Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Irene Norcross Clerk D Rita E. Kiley D Evelyn T. Lawson Inspector R Donna L. Williams R Anne F. Gary Inspector D Mary C. Abegg D Dorothy A. Shine Inspector R Barbara M. Collins R Norma E. Ebbs Inspector D Suzanne H. Spencer Precinct Nine D Mary C. Joseph Warden R Sally S. Hooper Clerk D Mary N. Ayvazian Inspector [Il R Shirley E. Bullock Inspector D Ann C. Golini Inspector R Robert P. Trask, Jr. Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. 7' (State Primaries - September 19, 1978.) The total number of registered voters in each precinct eligible to vote as of August 22, 1978 as follows: PRECINCT DEMOCRATS REPUBLICANS AMERICANS INDEPENDENTS TOTALS One 952 372 0 782 2,106 Two 1,067 335 2 718 2,122 Three 771 305 1 735 1,812 Four 910 518 0 789 2,217 Five 935 377 2 804 2,118 Six 799 618 0 676 2,093 Seven 916 441 0 736 2,093 --. Eight 768 444 0 684 1,896 Nine 852 445 0 861 2,158 Totals 7,970 3,855 5 6,785 18,615 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:55 P.M. Precinct Two 9:30 P.M. Precinct Three 9:45 P.M. Precinct Four 9:12 P.M. Precinct Five 9:20 P.M. Precinct Six 9:30 P.M. Precinct Seven 9:58 P.M. Precinct Eight 9:24 P.M. Precinct Nine 9:52 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: DEMOCRAT'S REPUBLICAN'S AMERICAN'S TOTAL PRECINCT VOTED VOTED VOTED VOTED One 695 260 0 955 r Two 750 240 0 990 Three 555 231 0 786 Y Four 597 349 0 946 Five 648 253 0 901 Six 585 429 0 1,014 Seven 676 333 0 1,009 Eight 524 357 0 881 Nine 620 335 0 955 Totals 5,650 2,787 0 8,437 45.3% of the 18,615 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON RD R D R D R D R D One 4 5 4 5 Two 5 13 5 13 Three 1 11 1 10 0 1 ""' Four 5 11 5 11 Five 1 9 1 9 Six 5 5 5 5 Seven 6 8 6 8 Eight 5 4 5 3 0 1 Nine 4 7 4 6 0 1 Totals 36 73 36 70 0 3 (State Primaries - September 19, 1978.) i ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED R DR D R D R D R D BALLOTS MAILED One 21 26 19 25 1 1 1 0 0 0 Two 2 15 2 9 0 4 0 1 0 1 Three 6 12 5 6 0 5 1 1 0 0 Four 5 12 5 10 0 2 0 0 0 0 Five 7 8 4 5 3 3 0 0 0 0 �____ Six 6 12 5 11 1 0 0 1 0 0 Seven 6 12 5 6 1 4 0 2 0 0 Eight 2 8 2 6 0 2 0 0 0 0 Nine 3 3 3 2 0 0 0 1 0 0 Totals 58 108 50 80 6 21 2 6 0 1 TOTALS 94 181 86 150 6 24 2 6 0 1 BALLOTS REJECTED Two 0 1 Four 1 1 Six 1 1 Totals 2 3 DEMOCRATIC PARTY BALLOT ` Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS Kathleen Sullivan Alioto 85 49 38 25 41 26 42 36 41 383 Paul Guzzi 159 104 129 103 107 80 95 101 132 1,010 Elaine Noble 36 42 27 35 32 35 47 41 33 328 ! Howard Phillips 39 35 25 21 23 17 16 21 24 221 Paul E. Tsongas 346 501 324 396 427 416 467 303 373 3,553 Blanks 30 19 12 17 18 11 9 22 17 155 Totals 695 750 555 597 648 585 676 524 620 5,650 GOVERNOR Michael S. Dukakis 352 437 351 397 408 412 432 307 366 3,462 Barbara Ackermann 30 59 19 55 37 30 55 38 29 352 Edward J. King 304 239 179 133 192 130 175 172 217 1,741 Totals 9 15 6 12 11 13 14 7 8 95 Totals 695 750 555 597 648 585 676 524 620 5,650 LIEUTENANT GOVERNOR Thomas P. `--_ O'Neill, III 494 517 400 406 441 374 476 348 454 3,910 Blanks 201 233 155 191 207 211 200 176 166 1,740 Totals 695 750 555 597 648 585 676 524 620 5,650 ATTORNEY GENERAL Francis X. Bellotti 470 496 376 386 430 362 443 361 405 3,729 Blanks 225 254 179 211 218 223 233 163 215 1,921 Totals 695 750 555 597 648 585 676 524 620 5,650 1 n . . (State Primaries - September 19, 1978.) 1/4 DEMOCRATIC PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SECRETARY Michael Joseph Connolly 134 112 94 49 78 51 74 67 103 762 David E. Crosby 31 45 20 12 33 28 28 29 21 247 John Fulham 26 6 15 21 16 9 20 16 24 153 William James Galvin, Jr. 83 48 40 42 36 25 39 38 41 392 James W. Hennigan,Jr. 26 26 9 10 14 10 15 14 15 139 Lois G. Pines 281 383 281 365 355 379 399 269 295 3,007 Anthony J. Vigliotti 26 12 18 5 19 3 9 12 20 124 Blanks 88 118 78 93 97 80 92 79 101 826 Totals 695 750 555 597 648 585 676 524 620 5,650 TREASURER Robert Q. Crane 264 226 174 176 183 168 191 166 214 1,762 Lawrence E. Blacke 34 36 29 27 34 22 30 25 30 267 Paul R. Cacchiotti 48 35 37 22 31 14 27 32 40 286 Lawrence S. DiCara 210 268 203 232 241 217 261 183 201 2,016 Thomas D. Lopes 6 16 8 7 13 8 20 15 7 100 Dayce Philip Moore 16 12 12 7 22 10 12 6 13 110 Blanks 117 157 92 126 124 146 135 97 115 1,109 Totals 695 750 555 597 648 585 676 524 620 5,650 AUDITOR Thaddeus Buczko 302 239 193 174 189 183 215 186 209 1,890 Peter G. Meade 283 348 264 295 317 268 339 240 299 2,653 r Blanks 110 163 98 128 142 134 122 98 112 1,107 Totals 695 750 555 597 648 585 676 524 620 5,650 REPRESENTATIVE IN CONGRESS - Fifth District Ronald A. Burba 9 12 12 3 18 4 5 13 8 84 Robert F. Hatem 62 55 26 23 29 30 38 33 22 318 John K. Markey 272 279 195 204 226 186 208 155 211 1,936 Michael E. McLaughlin 60 45 47 42 74 22 41 39 65 435 Raymond F. Rourke ' 48 42 22 23 15 17 24 29 34 254 James M. Shannon 162 221 170 205 209 247 297 184 184 1,879 Blanks 82 96 83 97 77 79 63 71 96 744 Totals 695 750 555 597 648 585 676 524 620 5,650 COUNCILLOR - Sixth District Joseph A. Langone, III 191 157 151 101 144 85 119 118 144 1,210 Claire Buckley Dwyer 272 291 243 251 280 258 308 234 264 2,401 Blanks 232 302 161 245 224 242 249 172 212 2,039 Totals 695 750 555 597 648 585 676 524 620 5,650 SENATOR IN GENERAL COURT - Fourth Middlesex District Samuel Rotondi 361 424 358 343 434 384 421 305 353 3,383 James J. Lyons, Jr. 253 246 145 131 124 97 147 139 143 1,425 Blanks 81 80 52 123 90 104 108 80 124 842 Totals 695 750 555 597 648 585 676 524 620 5,650 (State Primaries - September 19, 1978.) DEMOCRATIC PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPRESENTATIVE IN GENERAL COURT - Fifteenth Middlesex District Stephen W. Doran 512 495 382 393 456 394 460 370 434 3,896 Blanks 183 255 173 204 192 191 216 154 186 1,754 -- Totals 695 750 555 597 648 585 676 524 620 5,650 DISTRICT ATTORNEY - Northern District John J. Droney 224 163 149 122 153 114 134 148 157 1,364 Guy A. Carbone 84 66 66 35 62 37 44 50 63 507 L. Scott Harshbarger 265 386 250 329 322 331 388 222 288 2,781 Blanks 122 135 90 111 111 103 110 104 112 998 Totals 695 750 555 597 648 585 676 524 620 5,650 REGISTER OF PROBATE AND INSOLVENCY - Middlesex County Paul J. Cavanaugh 189 227 171 160 178 152 205 158 197 1,637 Edward J. Bishop, Jr. 32 34 18 18 28 27 24 15 18 214 Francis X. Donahue 85 45 49 26 39 23 41 25 54 387 Leonard F. Deacon Doyle 80 63 47 56 70 63 73 52 57 561 John R. Harvey 44 35 26 32 36 30 34 44 33 314 Ralph R. Hogan 29 21 9 15 21 14 17 17 15 158 Blanks 236 325 235 290 276 276 282 213 246 2,379 Totals 695 750 555 597 648 585 676 524 620 5,650 COUNTY COMMISSIONER - Middlesex County [I- John L. Danehy 174 162 123 93 122 75 114 90 128 1,081 William C. Chisholm, Jr. 59 61 52 41 60 44 49 59 53 478 Michael T. Cunningham 136 108 74 91 111 108 109 81 101 919 Bernard J. Hennessy 112 120 107 110 108 101 148 97 99 1,002 Blanks 214 299 199 262 247 257 256 197 239 2,170 Totals 695 750 555 597 648 585 676 524 620 5,650 COUNTY TREASURER - Middlesex County Rocco J. Antonelli 64 49 46 40 50 38 44 '36 49 416 James F. Brennan 39 39 33 23 42 17 23 24 32 272 Thomas F. Coughlin 145 148 140 113 136 125 152 118 149 1,226 Donald A. Fantini 48 42 35 24 35 18 36 25 37 300 Charles A. Gallagher 34 25 12 14 21 24 19 22 20 191 Richard D. Mahoney 42 41 20 28 28 16 23 23 25 246 John J. Twomey 113 118 94 108 119 104 135 88 95 974 Blanks 210 288 175 247 217 243 244 188 213 2,025 Totals 695 750 555 597 648 585 676 524 620 5,650 (State Primaries - September 19, 1978.) REPUBLICAN PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS Edward W. Brooke 146 130 110 194 141 229 173 197 159 1,479 Avi Nelson 109 108 118 148 109 194 154 156 169 1,265 Blanks 5 2 3 7 3 6 6 4 7 43 Totals 260 240 231 349 253 429 333 357 335 2,787 GOVERNOR Francis W. Hatch, Jr.131 114 112 196 137 247 190 163 170 1,460 Edward F. King 107 95 95 128 95 162 118 162 142 1,104 Barbara Ackermann 0 1 0 0 0 0 0 0 0 1 Blanks 22 30 24 25 21 20 25 32 23 222 Totals 260 240 231 349 253 429 333 357 335 2,787 LIEUTENANT GOVERNOR William I. Cowin 120 97 110 186 118 207 158 154 163 1,313 Peter L. McDowell 71 74 60 89 84 136 102 105 99 820 Blanks 69 69 61 74 51 86 73 98 73 654 Totals 260 240 231 349 253 429 333 357 335 2,787 ATTORNEY GENERAL William F. Weld 160 150 139 264 166 312 219 217 218 1,845 Blanks 100 90 92 85 87 117 114 140 117 942 Totals 260 240 231 349 253 429 333 357 335 2,787 SECRETARY ..®. John W. Sears 182 163 163 276 179 342 251 235 239 2,030 Blanks 78 77 68 73 74 87 82 122 96 757 Totals 260 240 231 349 253 429 333 357 335 2,787 TREASURER Lewis S. W. Crampton 155 152 142 255 168 304 219 213 212 1,820 Blanks 105 88 89 94 85 125 114 144 123 967 Totals 260 240 231 349 253 429 333 357 335 2,787 AUDITOR William A. Casey 159 142 141 248 160 299 212 200 209 1,770 Blanks 101 98 90 101 93 130 121 157 126 1,017 Totals 260 240 231 349 253 429 333 357 335 2,787 REPRESENTATIVE IN CONGRESS - Fifth District John J. Buckley 175 148 127 225 148 284 220 216 177 1,720 Nicholas D. Rizzo 51 55 67 81 64 94 70 85 105 672 James M. Shannon 0 0 0 0 0 0 0 1 0 1 Blanks 34 37 37 43 41 51 43 55 53 394 Totals 260 240 231 349 253 429 333 357 335 2,787 COUNCILLOR - Sixth District William W. Welch, Jr. 0 1 0 0 0 0 0 0 0 1 10 Bird Hill Rd. , Lexington Blanks 260 239 231 349 253 429 333 357 335 2,786 Totals 260 240 231 349 253 429 333 357 335 2,787 (State Primaries - September 19, 1978.) REPUBLICAN PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN GENERAL COURT - Fourth Middlesex District Diane R. Porter 156 152 141 254 177 297 216 226 232 1,851 Blanks 104 88 90 95 76 132 117 131 103 936 -- Totals 260 240 231 349 253 429 333 357 335 2,787 REPRESENTATIVE IN GENERAL COURT - Fifteenth Middlesex District Lincoln P. Cole, Jr.193 191 182 299 195 378 274 289 276 2,277 Blanks 67 49 49 50 58 51 59 68 59 510 Totals 260 240 231 349 253 429 333 357 335 2,787 DISTRICT ATTORNEY - Northern District Guy A. Carbone 60 Knowles Rd. , Watertown 0 0 0 1 0 1 0 0 0 2 Blanks 260 240 231 348 253 428 333 357 335 2,785 Totals 260 240 231 349 253 429 333 357 335 2,787 REGISTER OF PROBATE AND INSOLVENCY - Middlesex County James Matthew Veneziano 60 Prescott St. , Somerville 0 0 0 6 2 4 0 0 0 12 Blanks 260 240 231 343 251 425 333 357 335 2,775 TTotals 260 240 231 349 253 429 333 357 335 2,787 COUNTY COMMISSIONER - Middlesex County Blanks 260 240 231 349 253 429 333 357 335 2,787 Totals 260 240 231 349 253 429 333 357 335 2,787 COUNTY TREASURER - Middlesex County Blanks 260 240 231 349 253 429 333 357 335 2,787 Totals 260 240 231 349 253 429 333 357 335 2,787 AMERICAN PARTY BALLOT NO CANDIDATES LISTED FOR ANY OFFICE ON THE AMERICAN PARTY BALLOT. NO VOTE CAST FOR THE AMERICAN PARTY BALLOT. A true copy. Attest: A'9A-1/1.45-44- Mary R. McDonough, Town Clerk Li. A % William J. O'Neil, 11 Richard Road, resigned as a Town Meeting Member from Precinct Two effective October 17, 1978. Karen A. Dooks, 5 Mohawk Drive, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Two at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Two effective October 19, 1978. Ms. Dooks will fill the vacancy caused by the resig- nation of Mr. O'Neil for a term expiring in March 1979. f (WARRANT FOR STATE ELECTION - SEE WARRANT FILE) STATE ELECTION November 7, 1978 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, Novem- ber 7, 1978 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Norma B. Jervis R Gloria D. Colbert Clerk D Lorraine C. Baron D Catherine R. Sullivan Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Ann M. Pace D Catherine F. Hooper Inspector R Dorothy P. Gauthier R Josephine S. Siders Inspector D Phyllis C. Bradford Precinct Three Precinct Four D Marjorie Modoono Warden D Edna F. Marshall R Mildred M. Cronin Clerk R Carol A. Goldthwait D Marie E. Roberts Inspector D Bruce S. Gordon R Winifred F. Hubbard Inspector R Mary G. McCauley D Marguerite A. Cronin Inspector D Alice A. Coletta R Edith L. Bernardi Inspector R Edith W. Phinney Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector D Mary G. Faulkingham D Anne C. Williamson Inspector R Harold W. Josephson R Winifred C. Ivester Inspector D Elizabeth H. Clarke D Marjorie M. Daggett Inspector R Sally J. Burgess Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Irene Norcross Clerk D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson R Norma E. Ebbs Inspector D Mary C. Abegg D Dorothy A. Shine Inspector R Blanche T. Johnson R Robert P. Trask, Jr. Inspector D Suzanne H. Spencer Precinct Nine D Mary C. Joseph Warden R Sally S. Hooper Clerk[-- D Mary N. Ayvazian Inspector R Shirley E. Bullock Inspector D Elizabeth F. Downey Inspector R Caroline F. Deloury Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. (State Election - November 7, 1978.) The total number of registered voters in each precinct eligible to vote as of October 10, 1978 as follows: PRECINCT DEMOCRATS REPUBLICANS INDEPENDENTS TOTALS One 1,070 428 657 2,155 Two 1,159 379 635 2,173 Three 861 364 644 1,869 Four 1,025 587 684 2,296 Five 1,013 423 753 2,189 Six 886 684 586 2,156 Seven 1,006 501 702 2,209 Eight 836 510 594 1,940 Nine 957 508 786 2,251 Totals 8,813 4,384 6,041 19,238 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:40 P.M. _ Precinct Two 9:50 P.M. Precinct Three 10:15 P.M. Precinct Four 9:40 P.M. Precinct Five 9:30 P.M. Precinct Six 10:25 P.M. Precinct Seven 9:45 P.M. Precinct Eight 9:45 P.M. Precinct Nine 10:30 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 1,615 voters cast their vote Precinct Two 1,617 voters cast their vote Precinct Three 1,396 voters cast their vote Precinct Four 1,697 voters cast their vote Precinct Five 1,617 voters cast their vote Precinct Six 1,689 voters cast their vote J Precinct Seven 1,702 voters cast their vote Precinct Eight 1,480 voters cast their vote Precinct Nine 1,667 voters cast their vote Total 14,480 voters cast their vote 75.2% of the eligible 19,238 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON 1 16 16 0 0 0 2 22 22 0 0 0 3 15 12 3 0 0 4 30 28 2 0 0 5 28 28 0 0 0 6 30 29 1 0 0 7 23 23 0 0 0 8 11 11 0 0 0 9 14 14 00 0 Totals 189 183 6 0 0 (State Election - November 7, 1978.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED 1 74 66 7 0 1 2 44 31 12 1 0 3 44 32 10 3 1 4 65 50 12 1 2 L 5 58 49 7 1 1 6 51 37 10 2 2 7 52 40 11 0 1 8 33 21 10 1 1 ; 9 43 319 2 1 Totals 464 357 88 11 10 TOTALS 653 540 94 11 10 BALLOTS REJECTED 1 1 2 0 3 5 4 2 5 2 6 1 7 2 8 0 9 1 [7 Total 14 Ballots Rejected Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS Edward W. Brooke 674 673 612 810 734 868 777 671 737 6,556 1 Paul E. Tsongas 908 915 757 852 860 791 901 791 904 7,679 Avi Nelson 1 0 0 0 0 2 0 0 0 3 All Others 0 0 0 0 0 3 0 0 0 3 Blanks 32 29 27 35 23 25 24 18 26 239 , Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 GOVERNOR - LIEUTENANT GOVERNOR Hatch and Cowin 889 996 824 1,194 1,019 1,209 1,141 920 1,004 9,196 King and O'Neill 667 573 531 452 544 430 520 516 600 4,833 Michael Dukakis 5 5 4 0 5 3 3 3 10 38 All Others 0 1 0 0 0 3 0 0 0 4 Blanks 54 42 37 51 49 44 38 41 53 409 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 [7 ATTORNEY GENERAL Francis X. Bellotti 1,244 1,189 1,019 1,118 1,169 1,087 1,181 1,060 1,161 10,228 , William F. Weld 315 336 324 497 383 532 458 367 445 3,657 Blanks 56 92 53 82 65 70 63 53 61 595 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 (State Election - November 7, 1978.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SECRETARY Michael Joseph Connolly 728 689 595 534 641 509 603 537 657 5,493 John W. Sears 735 747 652 966 824 1,007 908 780 838 7,457 Blanks 152 181 149 197 152 173 191 163 172 1,530 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 TREASURER Robert Q. Crane 769 700 616 564 688 618 635 607 679 5,876 Lewis S. W. Crampton 705 746 633 935 772 905 894 726 840 7,156 Blanks 141 171 147 198 157 166 173 147 148 1,448 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 AUDITOR Thaddeus Buczko 872 741 683 683 762 667 708 667 722 6,505 Timothy F. O'Brien 561 609 541 747 657 804 740 595 752 6,006 Blanks 182 267 172 267 198 218 254 218 193 1,969 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 REPRESENTATIVE IN CONGRESS - 5th District John J. Buckley 708 677 645 846 688 904 757 674 730 6,629 James M. Shannon 661 709 548 593 681 554 739 598 628 5,711 James J. Gaffney,III 137 102 93 104 140 110 103 102 165 1,056 Blanks 109 129 110 154 108 121 103 106 144 1,084 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 COUNCILLOR - 6th District Joseph A. Langone, III 951 850 750 850 889 832 821 762 896 7,601 Blanks 664 767 646 847 728 857 881 718 771 6,879 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 SENATOR IN GENERAL COURT - 4th Middlesex District Samuel Rotondi 923 905 765 769 902 722 818 672 741 7,217 Diane R. Porter 560 544 484 718 574 807 691 655 757 5,790 Blanks 132 168 147 210 141 160 193 153 169 1,473 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 REPRESENTATIVE IN GENERAL COURT - 15th Middlesex District Lincoln P. Cole, Jr. 726 700 670 864 766 979 856 824 850 7,235 Stephen W. Doran 826 831 657 754 782 660 774 599 743 6,626 Blanks 63 86 69 79 69 50 72 57 74 619 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 DISTRICT ATTORNEY - Northern District John J. Droney 1,047 939 828 911 946 900 937 843 977 8,328 Blanks 568 678 568 786 671 789 765 637 690 6,152 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 (State Election - November 7, 1978.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REGISTER OF PROBATE AND INSOLVENCY - Middlesex County Paul J. Cavanaugh 865 796 674 727 801 719 741 672 782 6,777 Robert V. Campo 339 331 320 376 381 408 393 331 403 3,282 Blanks 411 490 402 594 435 562 568 477 482 4,421 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 COUNTY COMMISSIONER - Middlesex County 7-7 John L. Danehy 977 863 731 819 910 805 832 757 893 7,587 Blanks 638 754 665 878 707 884 870 723 774 6,893 L Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 COUNTY TREASURER - Middlesex County Rocco J. Antonelli 689 508 523 466 571 447 492 483 558 4,737 S. Lester Ralph 648 796 622 835 762 874 841 663 792 6,833 Blanks 278 313 251 396 284 368 369 334 317 2,910 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 1 - PROPERTY CLASSIFICATION FOR TAX PURPOSES Yes 1,027 1,086 884 1,018 935 970 1,059 926 1,019 8,924 No 501 440 451 588 596 628 574 504 575 4,857 Blanks 87 91 61 91 86 91 69 50 73 699 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 2 - STATE BUDGET DEADLINE Yes 1,035 1,120 916 1,198 1,100 1,132 1,236 1,022 1,141 9,900 No 349 255 302 272 301 322 289 281 339 2,710 Blanks 231 242 178 227 216 235 177 177 187 1,870 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 3 - DISTRIBUTING INFORMATION FOR VOTERS Yes 1,017 1,107 892 1,128 1,071 1,090 1,199 1,013 1,127 9,644 No 367 279 310 358 332 355 314 294 355 2,964 Blanks 231 231 194 211 214 244 189 173 185 1,872 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 4 - RESIDENCE STANDARDS FOR STATE CENSUS Yes 952 1,057 884 1,090 979 1,052 1,092 929 1,053 9,088 No 400 283 295 339 373 354 377 346 384 3,151 Blanks 263 277 217 268 265 283 233 205 230 2,241 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 5 - CHARTER COMMISSION DEADLINE Yes 691 809 628 830 717 789 817 670 746 6,697 No 625 492 491 544 592 551 591 548 650 5,084 [-- Blanks 299 316 277 323 308 349 294 262 271 2,699 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 6 - STUDENT ASSIGNMENTS TO PUBLIC SCHOOLS Yes 806 707 676 732 767 748 776 728 831 6,771 No 583 718 559 765 657 720 768 606 673 6,049 Blanks 226 192 161 200 193 221 158 146 163 1,660 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 J ) (State Election - November 7, 1978.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION 7 - TAXATION OF LAND USED FOR RECREATION OR LEFT IN A NATURAL STATE Yes 864 965 774 1,010 890 974 970 848 942 8,237 No 523 423 435 472 519 488 548 458 532 4,398 Blanks 228 229 187 215 208 227 184 174 193 1,845 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 QUESTION 8 - SENATOR TO VOTE TO APPROVE REDUCTION & LIMITATION OF LOCAL PROPERTY TAXES Yes 884 869 743 923 931 900 939 853 965 8,007 No 284 314 273 315 276 290 310 263 283 2,608 `-"' Blanks 447 434 3'.80 459 410 499 453 364 419 3,865 Totals 1,615 1,617 1,396 1,697 1,617 1,689 1,702 1,480 1,667 14,480 A true copy. Attest: 711 '" ' 7r f Mary R. McDonough, Town Clerk __J Christopher McCabe, 17 Hamblen Street, resigned as a Town Meeting Member from Precinct Eight effective January 22, 1979. Joanne C. Fray, 2361A Massachusetts Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Eight at the March 6, 1978 election, accepted a position as Town Meeting Member from Precinct Eight effective January 22, 1979. Ms. Fray will fill the vacancy caused by the resignation of Mr. McCabe for a term expiring in March 1979. Jane E. Berchtold, 5 Saddle Club Road, resigned as a Town Meeting Member from Precinct Five effective March 5, 1979. This vacancy will be filled by the person receiving the highest vote as a defeated candidate for Town Meeting Member from Precinct Five at the Annual Town Election to be held on March 5, 1979. (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) r' ANNUAL TOWN ELECTION MARCH 5, 1979 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 5, 1979 at 7:00 in the forenoon. The following places were designated as the voting places for the various r-- precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Lorraine C. Baron D Margaret M. Potter Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Ann M. Pace R Josephine S. Siders Inspector D Antoinette M. McCarthy Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Bruce S. Gordon D Mary G. Faulkingham Inspector R Blanche T. Johnson R Winifred F. Hubbard Inspector R Robert P. Trask, Jr. D Marguerite A. Cronin Inspector D Catherine F. Hooper '-" Precinct Five Precinct Six R Dolores M. Swan Warden D Mary C. Casey D Gloria J. Bresnihan Clerk R Caroline P. Johnston R Elinor M. Vassallo Inspector D Elizabeth H. Clarke D Anne C. Williamson Inspector R Harold W. Josephson R Winifred E. Ivester Inspector D Ann C. Golini Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Irene Norcross Clerk D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson R Edith W. Phinney Inspector D Phyllis C. Bradford D Alice A. Coletta Inspector R Barbara M. Collins Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Catherine R. Sullivan Inspector D Josephine M. Luther Inspector R Caroline F. Deloury Inspector r-- The election officers were sworn to the faithful performance of their duties. L-- The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. ;' �; (Annual Town Election. - March 5, 1979.) The total number of registered voters in each precinct eligible to vote as of February 13, 1979 as follows: PRECINCT DEMOCRATIC REPUBLICAN UNENROLLED TOTALS 1 1,050 422 669 2,141 2 1,133 380 659 2,172 3 848 355 668 1,871 4 1,027 569 703 2,299 5 999 414 769 2,182 6 869 678 617 2,164 7 994 492 738 2,224 -, 8 827 497 621 1,945 9 940 505 803 2,248 Totals 8,687 4,312 6,247 19,246 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:10 P.M. Precinct Two 8:45 P.M. Precinct Three 8:45 P.M. Precinct Four 8:45 P.M. Precinct Five 8:25 P.M. Precinct Six 8:50 P.M. Precinct Seven 9:45 P.M. Precinct Eight 8:50 P.M. Precinct Nine 9:08 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 873 voters cast their vote Precinct Two 775 voters cast their vote Precinct Three 589 voters cast their vote Precinct Four 833 voters cast their vote Precinct Five 738 voters cast their vote __J Precinct Six 915 voters cast their vote Precinct Seven 854 voters cast their vote Precinct Eight 825 voters cast their vote Precinct Nine 739 voters cast their vote Total 7,141 voters cast their vote 37.1% of the eligible 19,246 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON 1 2 2 0 0 0 2 0 0 0 0 0 3 3 3 0 0 0 4 12 12 0 0 0 5 7 7 0 0 0 6 11 11 0 0 0 ill 7 6 6 0 0 0 8 13 13 0 0 0 9 11 0 0 0 Totals 55 55 0 0 0 (Annual Town Election - March 5, 1979.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED 1 21 20 0 0 1 2 3 2 0 1 0 3 8 4 4 0 0 4 6 3 3 0 0 5 1 1 0 0 0 6 9 7 1 0 1 7 18 14 4 0 0 8 5 4 1 0 0 9 1 0 1 0 0 Totals 72 55 14 1 2 TOTALS 127 110 14 1 2 BALLOTS REJECTED 1 2 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN Mary W. Miley 369 401 289 394 363 438 507 357 328 3,446 George P. Wadsworth 448 324 276 412 346 453 325 443 373 3,400 Blanks 56 50 24 27 29 24 22 25 38 295 Totals 873 775 589 833 738 915 854 825 739 7,141 Mary W. Miley was elected to the Board of Selectmen for a term of three years ending in March 1982. MODERATOR Lincoln P. Cole, Jr. 619 553 433 610 555 669 632 601 554 5,226 Frank Sandy 0 0 0 2 0 0 0 0 0 2 Blanks 254 222 156 221 183 246 222 224 185 1,913 Totals 873 775 589 833 738 915 854 825 739 7,141 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending in March 1980. SCHOOL COMMITTEE - (Three Years) Frank I. Michelman 347 449 311 490 409 511 497 389 367 3,770 Patricia A. Swanson 544 409 329 423 371 463 410 476 419 3,844 Thomas F. Culhane 412 396 296 441 412 490 498 413 356 3,714 Blanks 443 296 242 312 284 366 303 372 336 2,954 Totals 1,746 1,550 1,178 1,666 1,476 1,830 1,708 1,650 1,478 14,282 Frank I. Michelman and Patricia A. Swanson were elected to the School Committee each for a three year term ending in March 1982. SCHOOL COMMITTEE - (One Year) Sandra J. Shaw 525 467 353 579 488 598 551 487 462 4,510 Blanks 348 308 236 254 250 317 303 338 277 2,631 Totals 873 775 589 833 738 915 854 825 739 7,141 Sandra J. Shaw was elected to the School Committee for a term of one year ending in March 1980. Mrs. Shaw is filling the vacancy on the School Committee caused by the resignation of Kenneth M. Hoffman. (Annual Town Election - March 5, 1979.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PLANNING BOARD Laura F. Nichols 480 429 337 524 458 547 534 476 452 4,237 Blanks 393 346 252 309 280 368 320 349 287 2,904 Totals 873 775 589 833 738 915 854 825 739 7,141 Laura F. Nichols was elected to the Planning Board for a term of five years ending in March 1984. LEXINGTON HOUSING AUTHORITY Marian C. Reilly 276 276 280 270 261 275 317 276 225 2,456 .__. Donald D. Wilson 460 414 240 451 365 483 383 438 400 3,634 Blanks 137 85 69 112 112 157 154 111 114 1,051 Totals 873 775 589 833 738 915 854 825 739 7,141 Donald D. Wilson was elected to the Lexington Housing Authority for a term of five years ending in March 1984. QUESTION NO. 1 "Shall licenses be granted in this Town for the operation, holding, or conducting of a game commonly called beano?" Yes 412 254 217 259 302 303 250 300 270 2,567 No 199 250 178 323 200 443 309 253 227 2,382 Blanks 262 271 194 251 236 169 295 272 242 2,192 Totals 873 775 589 833 738 915 854 825 739 7,141 TOWN MEETING MEMBERS - PRECINCT ONE *James E. Barry 355 *Robert A. Cataldo 354 *William A. Busa 392 Ronald Levy 332 Homer J. Hagedorn 335 James M. Shaw 295 *William E. Maloney, Jr. 409 Joseph Tassone 236 _._. *Barry E. Sampson 349 *Pamela Winston 416 *Judith L. Zabin 389 Blanks 2,029 Philip Blampied 220 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO *Elizabeth H. Clarke 427 *Patricia A. Swanson 405 *Eric T. Clarke 428 *Alan B. Wilson 429 *Karen A. Dooks 409 *Donald D. Wilson 449 *Michael J. O'Sullivan 429 ***Barry H. Marshall 371 George S. Silverman 328 Blanks 2,525 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT THREE *Robert A. Bowyer 294 *Richard W. Souza 316 *Jacqueline B. Davison 369 Edmund L. Bouche 206 *Lilah H. Groisser 303 *Elizabeth M. Flynn 331 *Jeanne K. Krieger 283 Blanks 1,720 *Paul V. Riff in 301 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Gerald L. Abegg 470 *Joseph 0. Rooney 471 *Nyles Nathan Barnert 448 **Esther S. Arlan 340 *William J. Dailey, Jr. 485 James Shimansky 339 *Frederick C. Frick 461 *Sidney K. Whiting 408 *Katherine G. Fricker 419 Blanks 2,823 *Elected for three years. **Elected for two years. (Annual Town Election - March 5, 1979.) `- r 7 TOWN MEETING MEMBERS - PRECINCT FIVE *Guy W. Doran 516 *Joseph F. Gilbert, Jr. 305 *Edward R. DuBois 288 *Leona W. Martin 326 Edward W. Jervis, Jr. 285 Warren Roberts 199 *Madeline A. Shaughnessy 372 Jolley Anne Weinstock 210 *Lloyd D. Taylor 335 Blanks 1,935 *Marjorie M. Daggett 395 *Elected for three years TOWN MEETING MEMBERS - PRECINCT SIX *Earl F. Baldwin, Jr. 435 Marcia L. Feakes 330 *John F. Downey, Jr. 392 *Neil Gray 509 ***James J. McDevitt 389 *Hugh C. Kent 398 *Sam V. Nablo 430 Ruth Joyce Nablo 378 *Edith Sandy 458 Frank B. Stille 311 *Frank Sandy 464 Blanks 2,479 Charles J. Code, Jr. 347 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SEVEN *Robert E. Bond 460 Philip C. Banios 279 *Manfred P. Friedman 439 *George A. Burnell 388 *Marthur H. Kalil 492 Eugene F. Fallon 326 *John E. Taylor 488 *Martin L. Hagerty 433 *Iris G. Wheaton 502 ***David V. LeClair 370 Frederick G. Blanks 2,389 Aufiero, Jr. 266 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT EIGHT *Richard H. Battin 385 Laurence K. Redgate 274 Joanne C. Fray 264 *Anne R. Scigliano 409 *Anthony L. Mancini 427 *Stanley E. Toye 329 **Gordon R. Osgood 299 Robert C. Waehler 212 *Frank L. Shunney 372 *Eleanor H. Yasaitis 326 *Gerald F. Hagerty 304 Blanks 2,708 Natalie I. Miller 291 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT NINE *Jane P. Buckley 396 James Dhimos 243 *Anna P. Currin 383 Robert S. Dhimos 204 *Paul E. Mazerall 389 *Deborah B. Green 366 *Stephen Michael Politi 454 *Stephen K. Johnson 325 *Fred D. Rosenberg 355 Blanks 2,474 ***James J. Scanlon 323 *Elected for three years. ***Elected for one year. A true copy. Attest: 17),?ev, wr °41)0144-(411 Mary R. McDonough, Town Clerk Edward W. Jervis, Jr. , 111 Adams Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Fiveat the March 5, 1979 Annual Town Election, accepted a position as Town Meeting Member from Precinct Five effective March 8, 1979. Mr. Jervis will fill the vacancy caused by the resignation of Jane E. Berchtold, 5 Saddle Club Road on March 5, 1979 for a term expiring in March 1980. Sam Silverman, 18 Ingleside Road, resigned as a Town Meeting Member from Precinct Five effective March 16, 1979. Jolley Anne Weinstock, 17 Thoreau Rd. ,having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Five at the March 5, 1979 election, accepted a position as Town Meeting Member from Precinct Five effective March 19, 1979. Ms. Weinstock will fill the vacancy caused by the resignation of Mr. Silverman for a term expiring in March 1980. Judith K. Patkin, 27 Suzanne Road, resigned as a Town Meeting Member from Precinct Five effective March 16, 1979. Warren Roberts, 11 Myrna Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Five at the March 5, 1979 election, accepted a position as Town Meeting Member from Precinct Five effective March 19, 1979. Mr. Roberts will fill the vacancy caused by the resignation of Ms. Patkin for a term expiring in March 1980. Paul W. Marshall, 6 Chandler Street, resigned as a Town Meeting Member from Precinct Six effective March 16, 1979. Ruth Joyce Nablo, 6 Brigham Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Six at the March 5, 1979 election, accepted a position as Town Meeting Member from Precinct Six effective March 19, 1979. Mrs. Nablo will fill the vacancy caused by the resignation of Mr. Marshall for a term expiring in March 1980. ANNUAL TOWN MEETING - MARCH 19, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:04 P.M. in Cary Memorial Hall. There were 185 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of Our Redeemer. 8:05 P.M. The Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:06 P.M. The Town Clerk read the Constable's Return of the warrant. 8:07 P.M. The Moderator introduced the newly elected Town Meeting Members. 8:10 P.M. The Moderator read the Resolution adopted under Article 81 at the Adjourned Session of the 1976 Annual Town Meeting held April 7, 1976 which is the Code of Ethics for Town Meeting Members. 8:12 P.M. Article 2. Donald B. White, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8:12 P.M. After a short explanation of the town financial position, Mr. White's motion was declared adopted by voice vote unanimously. 8:17 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:19 P.M. The Moderator stated that Article 2 would remain open during this Annual Town Meeting. 8:19 P.M. Article 3. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:20 P.M. Article 2. Margery M. Battin moved that the report of the Town Manager be accepted and placed on file. Carried Unanimously. 8:21 P.M. Margery M. Battin, Chairman of the Board of Selectmen, listed the following schedule of proposed presentations of the various articles: Article 4. Line Items 5450, 5800 and 5850 to be divided from Article 4 and taken up after Article 38. Article 5. To be tabled until contracts are completed. Articles 24, 28 and 38. To be taken up no sooner than Monday, April 9. Also, any article will be tabled if and when the Selectman that is to present the article is absent. 8:24 P.M. Article 4. Presented by Margery M. Battin. (Read by the Moderator.) MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:24 P.M. Lincoln P. Cole, Jr. , Richard M. Perry and Mary R. McDonough gave notice that they would abstain from voting on Articles 4 and 5. 4 ' (Annual Town Meeting - March 19, 1979. ) Article 4. Town Manager, Robert M. Hutchinson, Jr. , gave a review of the tax (Cont.) rate (estimated $89.84 for the coming year) , the budget goals and of the overall appropriations. 8:36 P.M. Selectmen's Department #1000 Personal Services $ 28,570 1050 Expenses 7,473 Donald B. White, Chairman of the Appropriation Committee, moved that Account #1050 be amended to $6,500. 8:37 P.M. Selectman, Margery M. Battin spoke in opposition to the amendment. 8:46 P.M. Motion to amend line item #1050 declared lost by voice vote. 8:47 P.M. Town Manager's Office 1060 Personal Services 101,880 1065 Expenses 6,600 Donald B. White moved that Account #1065 be amended to $6,000. 8:48 P.M. Margery M. Battin spoke in opposition to the amendment. 8:50 P.M. Robert M. Hutchinson, Jr. , Town Manager, also spoke in opposition to the amendment. 8:50 P.M. Motion to amend line item #1065 declared lost by voice vote. 8:51 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 24,000 1075 Clerical Pool 8,799 1080 Office Furniture & Fixtures 1,000 1090 General Prof. Services 15,000 Donald B. White moved that Account #1090 be amended to $9,200. 8:52 P.M. Selectman, Robert B. Kent and the Town Manager spoke in opposition to the amendment. 8:56 P.M. Voice vote on Mr. White's motion to amend was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 12 Pamela Winston 4 2 10 Arthur C. Smith 8 3 4 Jeanne K. Krieger 16 4 3 Susan C. Hodgkins 13 5 7 Edward R. DuBois 13 6 3 Susan S. Solomon 14 7 9 Marthur H. Kalil 9 8 12 Eleanor H. Yasaitis 6 9 8 Anna P. Currin 10 fl At Large 7 John R. Campbell 10 Totals 75 103 Motion to amend line item #1090 was declared lost. 9:02 P.M. Town Manager's Jurisdiction (Cont.) 1125 Fire & Police Medical 5,500 1130 Director of Guides -P.S. 1,000 1135 Out-of-State Travel 6,000 Donald B. White moved that Account #1135 be amended to $4,500. 9:03 P.M. (Annual Town Meeting - March 19, 1979.) r " Article 4. After general discussion, both pro and con, with Selectman Battin (Cont.) and Town Manager, Hutchinson speaking against the amendment, the motion to amend line item 1135, as moved by Mr. White, declared lost by voice vote. 9:15 P.M. Town Manager's Jurisdiction (Cont.) #1141 Tuition & Training Fees $ 12,200 1142 In-State Travel 10,000 9:15 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 770 9:15 P.M. Town Clerk's Department 1150 Personal Services 52,792 1200 Expenses and Vital Statistics 11,600 9:15 P.M. Board of Appeals 1500 Personal Services 11,617 1550 Expenses 2,340 9:15 P.M. Planning Board 1600 Personal Services 40,333 1650 Expenses 4,675 9:15 P.M. Insurance F-- 1700 Group 762,000 1725 Unemployment Compensation Ins. 60,000 1750 Municipal Property & Workmen's Comp. 306,503 9:16 P.M. Printing Town Report 1760 Expenses 9,000 9:17 P.M. Law Department 1775 Law Fees 45,000 1800 Law Expenses 12,000 9:17 P.M. Elections 1900 Selectmen Jurisdiction 10,550 1950 Town Clerk Jurisdiction 11,720 9:17 P.M. Board of Registrars 2000 Personal Services 7,068 2050 Expenses 12,450 9:17 P.M. Town Committees 2250 Appropriation Committee Expenses 950 2370 Misc. Committees & Board Expenses 2,450 2380 Council on Aging Expenses 26,820* *To which the sum of $26,820. in available and anti- cipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 2400 Town Celebrations Committee Expenses 7,000 9:18 P.M. (Annual Town Meeting - March 19, 1979.) Article 4. Historic Districts Commission (Cont.) #2450 Expenses $ 1,800 9:18 P.M. Conservation Commission 2460 Expenses 10,455 9:18 P.M. Recreation Committee 2470 Personal Services (See Page 426 for amended motion) 120,825 Judith J. Uhrig, Chairman of the Recreation Committee, moved that line 2470 be divided from Article 4 and considered as a separate item to be taken up after Article 39. 9:19 P.M. Mrs. Uhrig's motion declared carried unanimously. 9:19 P.M. Recreation Committee (Cont.) 2480 Expenses 21,000 9:19 P.M. Treasurer/Collector's Department 2500 Personal Services 78,176 2525 Expenses 17,033 2575 Foreclosure & Redemption 1,120 9:19 P.M. Comptroller's Department 2800 Personal Services 96,432 2850 Expenses 3,200 9:19 P.M. J Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 4,300 2930 Office Machines-Maint. & Repair 6,500 2935 Office Services-Copier Supplies 8,300 2940 Metered Mail 19,280 9:20 P.M. Assessor's Department 2950 Personal Services 58,254 3000 Expenses 8,300 9:20 P.M. Health Department 3250 Personal Services 42,001 3300 Expenses 10,000 3310 Mystic Valley Mental Health (See Page 427) 30,853* *To which the sum of $30,853. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 9:22 P.M. Winifred L. L. Friedman moved that this item be divided from -- Article 4 and postponed until such time the Selectmen and/or the Town Manager submit a report. (Line item #3310) 9:26 P.M. Mrs. Friedman's motion declared carried by voice vote. 9:27 P.M. (See Page 427) (Annual Town Meeting - March 19, 1979.) Article 4. Sheila Clemon-Karp moved that Article 4, line item #1135, Out-of- (Cont.) State Travel and Training, be amended by adding the stipulation of town policy: "that no funds appropriated under this line item shall be expended in states whose state legislatures have not ratified the 27th Amendment to the United States Constitution." 9:28 P.M. The Moderator doubted the voice vote taken on the above amendment, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 7 Pamela Winston 5 2 6 Arthur C. Smith 12 3 12 Jeanne K. Krieger 7 4 11 Susan C. Hodgkins 8 5 6 Edward R. DuBois 11 6 8 Susan S. Solomon 6 7 10 Marthur H. Kalil 7 { 8 5 Eleanor H. Yasaitis 12 9 9 Anna P. Currin 9 At Large 4 John R. Campbell 13 Totals 78 90 Motion to amend line item 1135 declared lost. 9:34 P.M. Health Department (Cont.) #3320 Tri Community Health Services $ 6,800 3330 Community Services 34,617* *To which the sum of $34,617. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3450 Rabies Clinic 2,410 9:37 P.M. Health Jurisdiction-Dog Officer 3500 Personal Services 16,437 3550 Expenses 4,875 9:37 P.M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 309,681 (Of which $13,500. is to be transferred from the Parking Meter Fund) 9:37 P.M. Richard A. Michelson moved that line #3760 be amended by striking the words "of which $13,500 is to be transferred from the Parking Meter Fund". 9:37 P.M. After general discussion, Mr. Michelson's motion to amend line item 3760 is declared lost by voice vote. 9:43 P.M. Police Department (Cont.) 3770 Police Dept. Collective Bargaining Unit-Per. Ser. 872,695 3800 Expenses 143,000* *To which the sum of $25,000. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. An amendment to this line item by Donald B. White, which he started to move, was not presented. 9:48 P.M. The Moderator called a five minute recess at 9:48 P.M. The meeting was called to order by the Moderator at 10:02 P.M. (Annual Town Meeting - March 19, 1979.) Article 4. The Moderator stated that the meeting was now open on Article 4, (Cont.) line item 3900. Richard A. Michelson questioned the disposition of Mr. White's amendment to line item 3800 to which the Moderator replied that there was no action. 10:02 P.M. Police Department (Cont.) #3900 Parking meter maintenance $ 1,500* *(of which $1,500. is to be transferred from the Parking Meter Fund) 10:02 P.M. Fire Department 4110 Fire Department Management and Staff-Pers. Serv. 82,918 4120 Fire Dept. Collective Bargaining Unit-Pers. Serv. 999,766 10:03 P.M. William R. Page served notice of reconsideration of line item #1135. 10:06 P.M. (When the Moderator later checked with the Town Clerk as to the time the amendment to line item 1135 (moved by Sheila Clemon-Karp) was lost, and was told that the time was 9:34 P.M. , the Moderator gave the ruling to the Town Clerk that Mr. Page did not seasonably serve notice of reconsideration.) Prior to making the above ruling, the Moderator asked Mr. Page if he was going to move reconsideration before passage of Article 4 and Mr. Page responded in the affirmative. 10:06 P.M. Fire Department (Cont.) 4150 Expenses 79,750 10:10 P.M. Local Disaster Services 4300 Personal Services (Amended. See Page 400) 1,500 4350 Expenses 500 10:10 P.M. Myron L. Miller moved that line item 1760 be amended by deleting the amount of $9,000 and substituting therefore the amount of $5,000. 10:13 P.M. Erna S. Greene and Louis A. Zehner both spoke in opposition to this amendment. 10:22 P.M. Motion to amend line item 1760 declared lost by voice vote. 10:22 P.M. Inspection Department 4450 Personal Services 70,653 4500 Expenses 1,295 10:25 P.M. Public Works Department 4900 D.P.W. Collective Bargaining Unit-Pers. Serv. 1,027,962* (*of which $15,000. is to be transferred from the Westview Perpetual Care Fund) 10:25 P.M. Director of Public Works Office 4950 Public Works Mgt. and Staff Pers. Serv. 311,122 5000 Expenses 11,100 10:26 P.M. (Annual Town Meeting - March 19, 1979. ) Article 4. Engineering Department (Cont.) #5100 Personal Services $ 189,803 5150 Expenses 4,800 10:27 P.M. Town Buildings Maintenance 5200 Personal Services 62,709 5250 Expenses 168,143 10:27 P.M. Donald B. White moved that Account #5250 be amended to $152,700. 10:27 P.M. Selectman, Robert B. Kent and Town Manager, Robert M. Hutchinson, Jr. spoke in opposition to this amendment. Mr. White's motion to amend line item 5250 declared lost by voice vote. 10:39 P.M. Highway Maintenance 5400 Expenses 154,900 (Of which $11,000. is to be transferred from the Parking Meter Fund) 10:39 P.M Richard A. Michelson moved that line #5400 be amended by striking the words "of which $11,000 is to be transferred from the Parking Meter Fund". 10:39 P.M. Mr. Michelson's motion to amend line item 5400 declared lost by voice vote. 10:40 P.M. Road Machinery 5450 Margery M. Battin moved that line item 5450 be divided from Article 4 and taken up after Article 38. Carried by voice vote. 10:41 P.M. (See Page 487) Snow Removal 5500 Expenses 120,775 (Of which $10,000. is to be transferred from the Parking .Meter Fund) 10:41 P.M. Traffic Regulations & Street Signs 5550 Expenses 24,300 10:43 P.M. Street Lights 5600 Expenses 250,000* *To which the sum of $250,000. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 10:43 P.M. Sewer Maintenance & Services 5700 Expenses 63,338 10:43 P.M. Garbage Collection 5800 Margery M. Battin moved that line item 5800 be divided from Article 4 and taken up after Article 38. Carried Unanimously. 10:43 P.M. (See Page 476 and 485) (Annual Town Meeting - March 19, 1979.) Article 4. Sanitary Land Fill (See Pages 477, 485 and 486) (Cont.) #5850 Margery M. Battin moved that line item 5850 be divided from Article 4 and taken up after Article 38. Carried Unanimously. 10:44 P.M. Water Maintenance & Services 5900 Expenses $ 35,800 10:44 P.M. Park 6000 Expenses 46,600 10:44 P.M. Insect Suppression 6050 Expenses (*See amended amount below) 10,200 10:44 P.M. After Manfred P. Friedman spoke in opposition to this line item, Board of Health member, James W. Lambie spoke in favor of the appropriation and stated that the Board of Health unanimously favored adoption. At his, Mr. Lambie's, request, Kevin Moran of the Middlesex Mosquito Control gave a lengthy explanation. 10:57 P.M. Manfred P. Friedman moved that line item 6050 be amended to an * amount of $1,200. 11 P.M. (Motion to reconsider After general discussion, Mr. Friedman's motion to amend line item lost. See 6050 was declared adopted by voice vote. 11:10 P.M. Pages 395- 399.) Selectman, Margery M. Battin informed the meeting that this evening the Board of Selectmen had voted to recommend to town meeting that at the April 9, 1979 session of this meeting (if necessary) , due to Passover and vacation week, that the meeting be adjourned to Monday, April 23, 1979 at 8 P.M. 11:11 P.M. Arthur C. Smith questioned the right of reconsideration of any item under Article 4 if the meeting is adjourned at this time. The Moderator stated that all items are open unless a vote on a particular line item has been taken. 11:12 P.M. James M. McLaughlin served notice of reconsideration of line item 6050. (See Pages 395-399) 11:13 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, March 21, 1979 at 8 P.M. in Cary Memorial Hall. Carried Unanimously. 11:13 P.M. A true copy. Attest: -1411- '-/V4trielAkilt /' Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING 4 HELD MARCH 21, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:12 P.M. in Cary Memorial Hall. There were 183 Town Meeting Members present. Invocation offered by Rev. George Papademetriou of the St. Nicholas Greek Orthodox Church. 8:14 P.M. The Moderator asked that everyone remain standing for a moment of silence for former Town Meeting Members who had passed away since the 1978 Annual Town Meeting. He stated that, to his knowledge, the following were in this category: Allen Lee Whitman, Jr. George P. Morey Lauri A. Lindell. 8:15 P.M. Article 4. (See Page 394. Article 4 was not completed at the time the March 19, (Cont.) 1979 Session was adjourned.) James M. McLaughlin moved for reconsideration of line item 6050 in Article 4. 8:15 P.M. James W. Lambie, member of the Board of Health, was recognized and spoke in favor of reconsideration and of the mosquito control project. He stated that there were sixty-four requests for mosquito control action during last summer. 8:18 P.M. Lewis Wells of the Massachusetts Pesticide Board and Kevin Moran of the Middlesex Mosquito Control both spoke in favor of the project. 8:27 P.M. Edward Dooks and John Andrews, two local residents, spoke from the balcony, Mr. Dooks in favor and Mr. Andrews in opposition. 8:38 P.M. Permission was granted by the meeting for Mr. Lambie to speak for a second time and he stated that the Board of Health felt strongly that the arguments are in favor of this program. 8:42 P.M. As the Moderator called for a vote on Mr. McLaughlin's motion for reconsideration of line item 6050, Mr. McLaughlin asked for a roll call vote on his motion. 8:47 P.M. The Moderator asked for a standing vote of those in favor of recon- sideration of line item 6050 motion to be taken by a roll call vote. Precinct Tellers In Favor of Roll Call 1 Pamela Winston 17 2 Arthur C. Smith 5 3 Jeanne K. Krieger 4 4 Susan C. Hodgkins 2 5 Edward R. DuBois 3 6 Susan S. Solomon 3 7 Marthur H. Kalil 7 8 Eleanor H. Yasaitis 7 9 Anna P. Currin 2 At Large William J. Dailey, Jr. 8 Total 58 More than the required fifty members in favor, the motion for a roll call vote prevailed. 8:48 P.M. The roll call vote on James M. McLaughlin's motion to reconsider line item 6050 under Article 4 was taken by the Town Clerk, Mary R. McDonough, starting at 8:50 P.M. and completed at 9:02 P.M. with the result as follows: (Final result announced by the Moderator at 9:06 P.M.) (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (Cont.) PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x Tassone, Sheila Busa x Winston_, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 12 6 0 3 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 11 9 0 1 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) r Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.) (Cont.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Riff in, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x TOTALS 5 15 0 1 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph 0. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. x TOTALS 3 15 0 3 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 12 9 0 0 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x- Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.) (Cont.) PRECINCT SIX (CONT.) YES NO ABSTAINED ABSENT Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x `� Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 5 15 0 1 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x TOTALS 4 16 0 1 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Hagerty, Gerald F. x Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Mary E. Shunney x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 13 7 0 1 (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) 0 ., Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.) (Cont.) PRECINCT NINE YES NO ABSTAINED ABSENT Barnes, Gordon E. Jr. x 1 Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x I Shaw, Donald J. x Weinstein, Roy x TOTALS 6 9 0 6 i TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x L . Miley, Mary W. x Zehner, Louis A. x TOTALS 2 3 2 2 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 12 6 0 3 21 Precinct Two 11 9 0 1 21 Precinct Three 5 15 0 1 21 Precinct Four 3 15 0 3 21 Precinct Five 12 9 0 0 21 Precinct Six 5 15 0 1 21 Precinct Seven 4 16 0 1 21 Precinct Eight 13 7 0 1 21 Precinct Nine 6 9 0 6 21 At Large 2 3 2 2 9 TOTALS 73 104 2 19 198 Motion to reconsider line item 6050 of Article 4, as moved by James M. 1 7 McLaughlin, does not prevail. 9:06 P.M. Shade Tree #6100 Expenses $ 9,600 9:07 P.M. Dutch Elm Disease 6150 Expenses 4,200 9:07 P.M. ` ) (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 4. Richard A. Michelson started to move to amend line item 4900, but had (Cont.) to put it in proper form first. 9:08 P.M. William M. Fraser questioned the Local Disaster Service Budget. 9:12 P.M. Cemeteries #6400 Expenses $ 13,292 9:12 P.M. Richard A. Michelson moved that line item 4900 be amended to read $1,048,962. 9:13 P.M. Mr. Michelson stated that he was opposed to the Sanitary Land Fill .� closing on Sunday and this opened up discussion, both pro and con. 9:22 P.M. Mr. Michelson's motion to amend was declared carried by voice vote but this decision was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 Pamela Winston 3 2 10 Arthur C. Smith 9 3 5 Jeanne K. Krieger 14 4 3 Susan C. Hodgkins 13 5 12 Edward R. DuBois 7 6 5 Susan S. Solomon 9 7 7 Marthur H. Kalil 11 8 14 Eleanor H. Yasaitis 2 9 6 Anna P. Currin 9 At Large 5 William J. Dailey, Jr. 15 Totals 81 92 Mr. Michelson's motion to amend line item 4900 under Article 4 does not prevail. 9:26 P.M. _._. (See William M. Fraser moved that Account 4300 be reduced to the sum of Page $750. 9:26 P.M. 392) Mr. Fraser's motion to amend Account 4300 declared carried by voice vote. 9:29 P.M. Line item 4300 should now read: Local Disaster Services 4300 Personal Services (See Page 392) 750 Veterans' Benefits 7100 Personal Services 9,531 7150 Administration 150 7200 Aid & Expenses 42,000 9:29 P.M. Grave Registrations 7250 Expenses 400 9:30 P.M. Soldiers' Burials 7300 Expenses 250 9:30 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 4. Cary Memorial Library (Cont.) #7500 Personal Services $ 376,863 9:31 P.M. In answer to a question raised by Fred D. Rosenberg, Library Director, Robert Hilton was recognized and stated that library books could not be borrowed for more than two weeks, other than being renewed, because of the size of the collection. If the library was larger and had a larger collection, this would be possible. 9:37 P.M. Cary Memorial Library (Cont.) 7550 Expenses 128,625* *Of which $4,839.09 is to be transferred from the County Dog License Fees. 9:37 P.M. Board of Retirement 7800 Contributory Pension Fund 721,897 7810 Pension Funding (See Page 402) 200,000 7825 Non-Contributory Pension 181,000 9:37 P.M. Julian J. Bussgang moved that line item 7810 be separated from Article 4 which was declared lost by voice vote. 9:38 P.M. Mr. Bussgang moved for reconsideration of line item 7810. 9:39 P.M. Arthur C. Smith raised a point of order. He stated that, in accordance with the town by-laws (Section 31 of Article V) it was not necessary to take a vote on the above separation as "When a motion is readily susceptible of division, it shall be divided and the vote upon each part taken separately, provided the Moderator deems best or twenty-five members present so request." 9:40 P.M. The Moderator stated that he was aware of this section but was giving Mr. Bussgang a chance to state his case. The Moderator then asked (See if there were twenty-five members in favor of separating line item Page 7810 from Article 4, and there being more than twenty-five in favor of 402) separation, he stated that line item 7810 would be separated from Article 4 and taken up immediately after Article 4. 9:41 P.M. Board of Retirement (Cont.) 7850 Expenses 5,225 9:41 P.M. Public Schools 7920 Public School-Education 16,505,087* *Of which $12,100 is for out of state travel. To which the sum of $372,648 in available and anticipated P.L. 874 and other Federal and State Funds, and $25,000 in available and anticipated athletic receipts is to be applied and the balance is raised and appropriated under this article. 9:42 P.M. L--_ Otis S. Brown, Jr. , Chairman of the School Committee, gave a short explanation of the budget and then asked that Dr. John Lawson, Superintendent of Schools, be recognized. Dr. Lawson then gave a detailed explanation of the budget. 10:04 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that his committee was impressed with the School Committee budget and urged support. 10:10 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 4. (Cont.) #8100 Regional Voc. Tech. High School Assessment $ 442,571 10:11 P.M. 8500 Interest on Debt 10:11 P.M. 175,361 8525 Tax & Bond Anticipation Loans (See Page 505) 275,000 Louis A. Zehner moved that line item 8525 be divided from Article 4 and postponed until after Article 79. The motion to postpone until after Article 79 declared carried unanimously. 10:13 P.M. (See Page 505) 8550 Maturing Debt 1,455,000 10:13 P.M. The Moderator stated that if a vote on any article involving money was not a unanimous vote, that he would ask for a standing vote. This ruling will cover all money articles in this 1979 Annual Town Meeting. 10:14 P.M. Main motion presented under Article 4 by Mrs. Battin and as amended by Manfred P. Friedman (line item 6050) and William M. Fraser (line item 4300) , (with the exception of line items 2470, 3310, 5450, 5800, 5850 and 8525 which have been tabled or postponed and divided from Article 4) declared carried unanimously. 10:15 P.M. Roger G. Trudeau served notice of reconsideration of Article 4. 10:15 P.M. In response to a question by the Moderator, Mr. Trudeau stated that this notice of reconsideration covered the whole article. 10:15 P.M. Article 2. William R. Page read and placed on file the report of the Advisory Committee to the Lexington Board of Selectmen on Cable Television and Cable Communications. 10:18 P.M. The Moderator stated that the meeting was now open on Article 4 divided line item 7810. 10:18 P.M. (See Page 401.) Under Article 4 divided line item 7810 Margery M. Battin moved that $200,000 be appropriated for Pension Funding. 10:20 P.M. (See Pg. 401) Many questions were raised regarding the investing and use of this money and explanations were given by the Town Manager, Town Treasurer and Comptroller. Daniel E. Power moved for indefinite postponement of line item 7810 divided from Article 4. 10:34 P.M. After general discussion and opposition to the indefinite postponement by the Chairman of the Appropriation Committee, Donald B. White, the motion to indefinitely postpone line item 7810 divided from Article 4 was declared lost by voice vote. 10:43 P.M. Main motion as presented by Mrs. Battin under line item 7810 divided from Article 4 declared carried unanimously. 10:43 P.M. (Adopted motion now reads: Line item 7810 Pension Funding $200,000) (See Page 401) (Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) Article 5. Margery M. Battin moved that this article be tabled. Carried Unanimously. 10:43 P.M. (See Page 469) Article 6. Margery M. Battin moved that this article be tabled. (See Page 469) Carried Unanimously. 10:44 P.M. Article 7. Margery M. Battin moved that this article be tabled. (See Page 404) Carried Unanimously. 10:44 P.M. Article 8. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P.M. Article 9. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:45 P.M. Article 10. Presented by Margery M. Battin. MOTION: That the sum of $150,000.00 be appropriated for the Reserve Fund and to raise such amount $4,600.00 be transferred from the Reserve Fund-Overlay Surplus and $145,400.00 be raised in the tax levy. Carried Unanimously. 10:47 P.M. Article 11. Presented by Margery M. Battin. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1979, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously. 10:47 P.M. Article 12. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:47 P.M. Margery M. Battin moved that this meeting be adjourned to Monday, March 26, 1979 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:48 P.M. A true copy. Attest: '21c 1 T - 4t-v6yazazie Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MARCH 26, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:09 P.M. in Cary Memorial Hall. There were 188 Town Meeting Members present. The invocation was offered by Rev. Arnold F. Colletti, Associate Pastor of St. Brigid's Church. 8:11 P.M. Article 2. Esther S. Arlan moved that the report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 10:11 P.M. Margery M. Battin moved that the Selectmen's Sewer Report be accepted and placed on file. 8:12 P.M. This report created much discussion mostly about the major sewer problems in the town. After general discussion, Mrs. Battin's motion to file and accept the Sewer Report of the Board of Select- ment was declared carried unanimously. 8:32 P.M. Article 13. Martha C. Wood moved that that article be indefinitely postponed. Carried Unanimously. 8:32 P.M. Article 14. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 8:32 P.M. Donald B. White, Chairman of the Appropriation Committee, stated li] that his committee had originally supported the appropriation of $25,000. but that they also supported indefinite postponement. 8:39 P.M. Graydon M. Wheaton served notice of reconsideration of Article 13. 8:43 P.M. Article 14. Mrs. Battin's motion to indefinitely postpone Article 14 was (Cont. ) declared carried unanimously. 8:43 P.M. James F. Crain moved that Article 7 be taken from the table at this time. (See Page 403.) Carried Unanimously. 8:43 P.M. Article 7. Presented by James F. Crain. MOTION: That the Town accept Section 13A of Chapter 40 of the General Laws. 8:43 P.M. (Chapter 40, Section 13A. WORKMEN'S COMPENSATION INSURANCE FUNDS. Any city or town which has accepted chapter eight hundred and seven of the acts of nineteen hundred and thirteen and which accepts this section, by vote of the city council or of the voters in town meeting, may appropriate an amount not exceeding in any one year one twentieth of one per cent of its equalized valuation as defined in section one of chapter forty-four to establish and maintain an in- surance fund to pay workmen's compensation, from which any compensa- tion payable under the provisions of sections sixty-nine to seventy- five, inclusive, of chapter one hundred and fifty-two shall be paid; but no money shall be appropriated for such purpose while the fund (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) Article 7. (Chapter 40, Section 13A (Cont.) (Cont.) equals or exceeds one per cent of such equalized valuation. Such fund shall be managed and administered by the sinking fund commissioners of the city or town, if any, otherwise by the commissioners of trust funds of said city or town. If any city or town has such an insurance fund, it may appropriate from such fund, including the in- come thereof, such sums as may be necessary for the purpose of paying a proper charge for effecting insurance to cover its liability to pay workmen's compensation.) Shirley H. Stolz gave written notice that she would disqualify herself from any vote on Article 7. Motion, as presented by Mr. Crain, declared carried unanimously. 8:46 P.M. Article 15. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized 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; and to appropriate the sum of $25,000.00 for such installation and land acquisition, and that such amount be transferred from the Sale of Real Estate Fund. 8:47 P.M. Mr. Busa stated this year the replacement water main would be on Marrett Road, between Spring Street and Lincoln Street. Carried Unanimously. 8:48 P.M. Article 16. Presented by Robert B. Kent. MOTION: That the sum of $28,000.00 be appropriated for engineering services for a comprehensive study of the Town's drainage system, and that such amount be raised in the tax levy. 8:49 P.M. Mr. Kent stated that the total cost of the whole study would be $184,000.00. Carried Unanimously. 8:52 P.M. Article 17. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:53 P.M. Article 18. Presented by William T. Spencer. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems, install new or replacement water mains, and make necessary street improvements in the areas selected by the Lexington Housing Authority for their scattered sites project, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate $30,550.00 for such installation, improvements and land acquisition, and that such amount be raised in the tax levy. Carried Unanimously. 8:54 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) Article 19. Presented by Margery M. Battin. MOTION: To establish as a town way and accept the layout of as a town way Powers Court from Paul Revere Road a distance of 300 feet, more or less, to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 4, 1979, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:55 P.M. Paul Rif fin raised the question of the drainage problem at Paul Revere Road and Powers Court and was told by Peter Chalpin of the Engineering —, Department that this problem in to be remedied by the Department of Public Works. 8:57 P.M. In response to a question by William M. Fraser in regard to holding of the bond of the developer until the street has been accepted by the town meeting, Planning Board Member, Manfred P. Friedman stated that when the construction work has been completed, the developer files to have the bond released. 8:59 P.M. Motion, as presented by Mrs. Battin, declared carried by voice vote. 9:05 P.M. Article 20. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. Carried Unanimously. 9:08 P.M. Article 21. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:09 P.M. Article 22. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one- half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $50,000.00 for such construction and land acquisition, and that such amount be transferred from the Sale of Real Estate Fund. 9:10 P.M. Mrs. Battin stated that the sidewalk to be constructed would be on Wood Street from Bates Road to Holton Road. It would be five feet wide, no berm but there would be curb cuts. All of the abutters, the School Committee and the Board of Selectmen support this construction. 9:14 P.M. In response to a question by John F. Downey, Jr. , Comptroller, Richard M. Perry said that the money being transferred from the Sale of Real Estate Fund is from the sale of the Hancock School. 9:15 P.M. Motion, as presented by Mrs. Battin, declared carried unanimously. 9:21 P.M. Article 23. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1980 Annual Town Meeting. Carried Unanimously. 9:22 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) Article 24. Alfred S. Busa moved to lay Article 24 on the table. Carried Unanimously. 9:22 P.M. (See Pages 486 and 487) Article 25. Presented by Robert B. Kent. MOTION: That the sum of $30,000.00 be appropriated for constructing, equipping and furnishing a storage building for the Department of Public Works, and that to raise such amount $12,646.89 shall be transferred from the appropriation under Article 2 of the warrant for the special town meeting of January 11, 1971, and $17,353.11 be raised in the tax levy. 9:23 P.M. Mr. Kent stated that this storage building, which would not be heated, would be erected at the rear of the existing building. 9:25 P.M. Motion, as presented by Mr. Kent, declared carried unanimously. 9:28 P.M. Article 26. Presented by Margery M. Battin. MOTION: That the sum of $40,000.00 be appropriated for constructing, equipping and furnishing an addition to the existing cemetery building, and that to raise such amount $21,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund, $9,000.00 shall be transferred from the appropriation under Article 25 of the warrant for the 1978 annual town meeting, and $10,000.00 be raised in the tax levy. Carried Unanimously. 9:35 P.M. [I- Article 27. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:36 P.M. Article 28. Margery M. Battin moved to lay Article 28 on the table. Carried Unanimously. 9:36 P.M. (See Page 476) Article 29. Presented by Alfred S. Busa. MOTION: That the sum of $60,000.00 be appropriated to purchase a fire truck for the Fire Department, that such amount be raised in the tax levy, and that the Town Manager be authorized to trade in or sell another fire truck with the proceeds to be applied to the cost of the new truck. 9:36 P.M. Mr. Busa stated that this new truck would replace engine 5, a 1964 truck. Carried Unanimously. 9:38 P.M. Article 30. James F. Crain moved to lay Article 30 on the table. Carried Unanimously. 9:38 P.M. (See Pages 412 - 418 inc.) (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) Article 31. Robert B. Kent moved that this article be postponed until after Article 37. Carried Unanimously. 9:40 P.M. (See Page 409) Article 32. Norman N. Connolly moved that this article be tabled. Carried Unanimously. 9:40 P.M. (See Page 428) Article 33. Margery M. Battin moved to lay Article 33 on the table. Carried Unanimously. 9:43 P.M. (See Page 495) Article 34. Presented by James F. Crain. MOTION: That the sum of $20,000.00 be appropriated to construct a storage vault in the Cary Memorial Building or other location, and that such amount be raised in the tax levy. Carried Unanimously. 9:45 P.M. Article 35. Presented by Mary W. Miley. MOTION: That the sum of $880.28 be appropriated to reimburse the Lexington Historical Society for the cost of replacing the sprinkler system in Buckman Tavern, and that to raise such amount the Selectmen be authorized to request the Trustees of Public Trusts to make such payment from the George I. Gilmore Trust. Carried Unanimously. 9:46 P.M. Daniel E. Power moved for a two minute recess at 9:46 P.M. The Moderator called the recess at 9:46 P.M. The Moderator called the meeting to order at 10 P.M. Article 36. Robert B. Kent moved to lay Article 36 on the table. Carried by voice vote. 10:02 P.M. (See Page 418) Article 37. Presented by Otis S. Brown, Jr. MOTION: That the care, custody, management and control of the Munroe School and the land adjoining it be transferred from the School De- partment to the Board of Selectmen effective August 1, 1979; to appropriate for such care, custody, management and control the sum of $10,000.00 therefor; that such amount be raised in the tax levy; and that the School Committee be authorized to dispose of surplus personal property and material in connection with the transfer of surplus buildings and the use of remaining buildings. 10:02 P.M. Selectman Mary W. Miley urged that the town accept this school and the same procedure would be followed as was used with the transfer of Parker School. 10:03 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) Article 37. David G. Williams wanted assurance from the Board of Selectmen that (Cont.) a neighborhood representative and a member of the Recreation Committee would be appointed to the site committee and also that the grounds and the building would be maintained after the transfer. 10:06 P.M. Mrs. Miley, who is on the site committee, assured the meeting that the building and grounds would be maintained and said that the Selectmen would take under advisement the appointment of a member of the Recreation Committee to the committee. 10:06 P.M. Motion, as presented by Otis S. Brown, Jr. , declared carried unanimously. 10:06 P.M. 1 (See Page 408. Motion passed under Article 31. That this article 31 be post- poned until after Article 37.) Article 31. Presented by Robert B. Kent. (See MOTION: That the subject matter of this article be referred to the Page Selectmen with the direction that they consider fully the possible 408) use of the Munroe School or a part thereof as a senior citizens' center and report thereon at the next annual or special town meeting. Carried Unanimously. 10:10 P.M. Article 38. Mary W. Mile moved to lay Article 38 on the table. Carried by voice vote. 10:10 P.M. (See Pages 476 - 485.) ! Margery M. Battin moved that this meeting be adjourned to Wednesday, March 28, 1979 at 8 P.M. in Cary Memorial Hall. This motion was declared lost by voice vote. 10:12 P.M. Article 39. Judith J. Uhrig moved that Article 39 be postponed to Wednesday, March 28, 1979. Carried by voice vote. 10:13 P.M. (See Pages 418 and 425 and 426) Article 40. Judith J. Uhrig moved that Article 40 be postponed to April 2, 1979. Carried by voice vote. 10:14 P.M. (See Page 420 for motion as adopted) Article 41. Judith J. Uhrig moved that Article 41 be postponed to Wednesday, March 28, 1979. Carried by voice vote. 10:15 P.M. (See Page 426 for motion as adopted) Article 42. (See Pages 410 and 467). Article 43. (See Pages 411 and 467) -'- C (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) David G. Williams moved that Article 44 be taken up at this time. Carried Unanimously. 10:17 P.M. Article 44. Presented by Shirley H. Stolz. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, .. easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 128 on Assessors' Property Map 83 and described �.... in deed recorded in Middlesex South District of the Land Court as Document Number 192944, Book 369, page 77, now or formerly of Costa, that the sum of $11,000.00 be appropriated for such land acquisition, and that to raise such amount $1,750.00 shall be transferred from the appropriation under Articles 75, 82 and 83 of the Warrant for the 1969 Annual Town Meeting, $32.02 shall be transferred from the appropriation under Article 44 of the Warrant for the 1976 Annual Town Meeting, $147.75 shall be transferred from the appropriation under Article 61 of the Warrant for the 1976 Annual Town Meeting, $8,126.75 shall be transferred from the appropriation under Article 39 of the Warrant for the 1978 Annual Town Meeting and $943.48 shall be transferred from the Sale of Real Estate Fund. 10:21 P.M. Mrs. Stolz told the meeting that the commission has a signed option. Carried Unanimously. 10:24 P.M. Susan S. Solomon moved that Article 45 be taken up at this time. Carried Unanimously. 10:25 P.M. Article 45. Presented by Susan S. Solomon. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, and that the Selectmen be authorized to transfer, for conserva- tion purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, 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 61A on Assessors' Property Map 47, Lot 61 on Assessors' Property Map 70 and Lot 35 on Assessors' Property Map 79. Carried Unanimously. 10:27 P.M. David G. Williams moved that Article 46 be taken up at this time. Carried Unanimously. 10:28 P.M. Article 46. Presented by David G. Williams. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:28 P.M. Article 42. Francis W. K. Smith moved to lay Article 42 on the table. Carried Unanimously. 10:28 P.M. (See Page 467) 11 -. et t (Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.) a Article 43. Francis W. K. Smith moved to lay Article 43 on the table. Carried Unanimously. 10:29 P.M. (See Page 467) Articles 44, 45 & 46. (See Page 410.) Article 47. Margery M. Battin moved to lay Article 47 on the table. Carried by voice vote. 10:29 P.M. (See Page 505) Article 48. Presented by Margery M. Battin. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously. 10:30 P.M. Article 49. Ephraim Weiss moved to lay Article 49 on the table. Carried by voice vote. 10:31 P.M. (See Page 428 for motion as adopted) John F. Downey, Jr. moved that this meeting be adjourned to Wednesday, March 28, 1979 at 8 P.M. in Cary Memorial Hall. This motion to adjourn was declared carried by voice vote. 10:31 P.M. [IT A true copy. Attest: !,a/mj. /(i) -711, A-147t Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MARCH 28, 1979 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. There were 183 Town Meeting Members present. Invocation offered by Rev. Gordon MacDonald, Pastor of the Grace Chapel. 8:10 P.M. James F. Crain moved that Article 30 be taken from the table. Carried Unanimously. 8:10 P.M. (See Page 407) Article 30. Presented by James F. Crain. (See MOTION: That the sum of $50,000.00 be appropriated to fund a local Page transportation system, that such amount be raised in the tax levy, 414 and, in addition, that the Selectmen be authorized to apply for, for accept and expend funds from the MBTA in connection therewith and motion to contract with a private transit company to provide transporta- as tion services. 8:11 P.M. adopted) Mr. Crain requested that Sally Castleman, Chairman of the Trans- portation Advisory Committee, be recognized and permission was granted. Ms. Castleman listed the four needs and other benefits of this system: Needs Other Benefits 1. Elderly 1. Town Center 2. Youth 2. Other businesses 3. Parents 3. Energy 4. Handicapped 4. Town Spirit Slides were shown of the "Minnybus System" that is now in effect in Westport, Connecticut. 8:27 P.M. Fred D. Rosenberg and Elaine Dratch, both members of the Transporta- tion Advisory Committee, gave further explanations. Mrs. Dratch spoke on the Chair Car Service stating that it would be on a call-in basis and not run as the minibus. 8:37 P.M. Robert J. Harris, a handicapped resident of Lexington since 1951, was recognized and spoke for the handicapped who are very much in favor of this proposition. 8:40 P.M. Although many of the members were in favor of the concept, including Selectman, Alfred S. Busa, they had specific reservations and worries about the cost. 8:47 P.M. Richard A. Michelson stated that the Board of Directors of the Chamber of Commerce had voted in favor of this minibus and feel that the costs should not exceed $50,000. 8:48 P.M. Judith L. Zabin spoke for herself and the League of Women Voters supporting this article. 8:51 P.M. In response to a concern raised by Mary E. Shunney, Mr. Crain said there would be a complete campaign to make the residents aware of the minibus and to have them utilize the system. 8:53 P.M. Warren Roberts spoke at length in opposition to this project, being recognized by the Moderator for a second ten minutes. 9:04 P.M. Donald B. White stated that the Appropriation Committee disapproved of this appropriation. 9:05 P.M. Answering Fred C. Bailey, Mr. Crain said that this is a one year program but could go on longer if effective. 9:08 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. Sheila Clemon-Karp asked that when the vote is taken that it be (Cont.) taken by written ballot. The Moderator stated that if fifty members (or more) wished to have a written ballot, then a written ballot would be taken. He asked for a standing vote of those in favor of taking the vote by written ballot with result as follows: Precinct Tellers In Favor of Written Ballot 1 Pamela Winston 6 2 Arthur C. Smith 8 3 Jeanne K. Krieger 12 4 Susan C. Hodgkins 9 5 Edward R. DuBois 4 6 Susan S. Solomon 4 7 Marthur H. Kalil 10 8 Eleanor H. Yasaitis 1 9 Anna P. Currin 4 At Large John R. Campbell 6 Total 64 More than the required fifty members in favor of a written vote when the vote is taken on Article 30, the Moderator stated it will be a written vote. 9:16 P.M. Much discussion followed, both pro and con, including many speakers from the balcony representing various youth groups who are supporting this new project. 9:30 P.M. Pamela Winston asked for a roll call vote on this article, but was told by the Moderator that it was the wish of the meeting to have a written vote. 9:32 P.M. The time schedule of the minibus was discussed at length, many feeling that the hours were not responsive to the needs of the town, mainly the workers on there way to or from work. It was felt that 10 A.M. was too late to help the working individual and that the hours should be extended. 9:41 P.M. Ephraim Weiss moved: That the sum of $50,000. be changed to $90,000. 9:41 P.M. Pamela Winston moved that a roll call vote be taken on the amendment but, there not being fifty members in favor of a roll call vote, the roll call was not in order. 9:43 P.M. Voice vote on Mr. Weiss's motion to amend was doubted by the Moderator so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Pamela Winston 5 2 16 Arthur C. Smith 2 3 9 Jeanne K. Krieger 11 4 10 Susan C. Hodgkins 7 5 17 Edward R. DuBois 3 6 12 Susan S. Solomon 4 7 6 Marthur H. Kalil 11 8 9 Eleanor H. Yasaitis 7 9 14 Anna P. Currin 3 At Large 10 John R. Campbell 11 L.. Totals 113 64 Motion to amend Article 30, as offered by Mr. Weiss, adopted. 9:56 P.M. Donald J. Shaw moved the previous question which was declared carried by voice vote. 9:56 P.M. (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. Main motion as presented by Mr. Crain and amended by Mr. Weiss now (Cont.) reads: (Final MOTION: That the sum of $90,000.00 be appropriated to fund a local motion transportation system, that such amount be raised in the tax levy, and, as in addition, that the Selectmen be authorized to apply for, accept and adopted) expend funds from the MBTA in connection therewith and to contract with a private transit company to provide transportation services. The tally sheets for the written vote on Article 30, as amended, were distributed by the Town Clerk to the clerks of the various precincts and to a teller for the Town Meeting Members at Large at 9:57 P.M. The completed sheets were returned to the Town Clerk and the final tally completed at 10:08 P.M. with the result as follows: (Final result announced by the Moderator at 10:10 P.M.) WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x --- Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 15 2 0 4 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 18 0 0 3 (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT.) (Cont.) PRECINCT THREE YES NO ABSTAINED ABSENT Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x ti Ridgley, William A. x Riffin, Paul V. x Roberts, Marie E. x i Rotberg, Robert I. x Souza, Richard W. X TOTALS 16 5 0 0 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph 0. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x ' Whiting, Sidney K. x TOTALS 18 1 0 2 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x L Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x ^ f,. (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT.) (Cont.) PRECINCT FIVE (CONT.) YES NO ABSTAINED ABSENT Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 16 3 1 1 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 16 3 0 2 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x TOTALS 16 4 0 1 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Hagerty, Gerald F. x - ----- — -- - -- - - - - (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT.) (Cont.) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 18 1 0 2 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x r-- Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 18 1 0 2 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x TOTALS 6 1 2 0 E (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT.) (Cont.) FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 15 2 0 4 21 Precinct Two 18 0 0 3 21 Precinct Three 16 5 0 0 21 Precinct Four 18 1 0 2 21 Precinct Five 16 3 1 1 21 Precinct Six 16 3 0 2 21 Precinct Seven 16 4 0 1 21 Precinct Eight 18 1 0 2 21 Precinct Nine 18 1 0 2 21 At Large 6 1 2 0 9 TOTALS 157 21 3 17 198 The Moderator declared the main motion, as amended, under Article 30 to be adopted. 10:10 P.M. (See Page 414 for motion as adopted under Article 30.) Robert B. Kent moved that Article 36 be taken from the table. Carried Unanimously. 10:10 P.M. (See Page 408) Article 36. Presented by Robert B. Kent. (See MOTION: That the Town vote to accept a gift of money for a bandstand Chap. from the Lexington Rotary Club, authorize the Permanent Building 394 - Committee to carry out the project, and authorize the Board of Select- Acts of men to petition the General Court for an act to permit the construction 1979.) of the bandstand on Hastings Park. 10:10 P.M. Mary L. Touart, Chairman of the Permanent Building Committee, was recognized and Levi G. Burnell of the Bicentennial Band gave the background of the bandstand and answered many questions. 10:20 P.M. A Mr. Cohen and a Mr. Shore, residents of the area, both spoke from the balcony in opposition. Robert B. Kent informed the meeting that the Board of Selectmen unanimously supported this article. 10:40 P.M. After more discussion, John J. McWeeney moved the previous question which was declared carried by voice vote. 10:52 P.M. Main motion, as presented by Mr. Kent, declared carried by voice vote. 10:52 P.M. At the March 26, 1979 session of this meeting, Judith J. Uhrig, Chairman of the Recreation Committee, moved that Articles 39 and 41 be postponed until tonight, March 28, 1979. The Moderator suggested to Mrs. Uhrig, that because of the lateness of the hour and through no fault of her own, that she could move that these two articles (39 and 41) be placed on the table. 10:53 P.M. i 1 J Article 39. Judith J. Uhrig moved to lay Article 39 on the table. Carried Unanimously. 10:53 P.M. (See Pages 409 and 425 and 426) (Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.) _;✓ (At the March 19, 1979 session of this meeting (see page 390) Judith J. Uhrig moved that line 2470 be divided from Article 4 and considered as a separate item to be taken up after Article 39.) Article 4. Judith J. Uhrig moved that line item 2470 under Article 4 be placed on the table. Carried Unanimously. 10:53 P.M. (See Pages 390 and 426) Article 41. Judith J. Uhrig moved to lay Article 41 on the table. Carried Unanimously. 10:54 P.M. (See Pages 409 and 426) Margery M. Battin moved to adjourn this meeting to Monday, April 2, 1979 at 8 P.M. in Cary Memorial Hall. 10:55 P.M. Shirley H. Stolz served notice of reconsideration of Article 36. 10:55 P.M. The Moderator informed the meeting that the Planning Board intends to take up Article 74 immediately after Article 57. 10:55 P.M. Motion to adjourn this session of town meeting to Monday, April 2, 1979 at 8 P.M. in Cary Memorial Hall declared carried unanimously. �-- 10:55 P.M. A true copy. Attest: 1, 741,1w I Mary R. McDonough, Town Clerk r^ �(I ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD APRIL 2, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:10 P.M. in Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Rev. Ted R. Petterson, Pastor of the Church of Our Redeemer. 8:12 P.M. The Moderator called an "official recess" but asked that the members remain in their seats. 8:12 P.M. Sam V. Nablo introduced Robert Wilson, Coach of the Lexington Bantam Double A Youth Hockey Team who are the champions of the Commonwealth of Massachusetts. Alfred S. Busa read a proclamation signed by the Board of Selectmen and Moderator Cole read a resolution adopted by the State Legislature. 8:18 P.M. At 8:19 P.M. the Moderator said that the meeting would now come to order. James J. Scanlon moved that Article 40 be taken up at this time. Carried Unanimously. 8:19 P.M. (See Page 409) Article 40. Presented by James J. Scanlon. (As MOTION: That $675,000 be appropriated for the construction of an adopted) outdoor swimming pool complex at the present site of the Center Pool Complex and that to raise this amount the Treasurer with the approval of the Selectmen be authorized to borrow $675,000 under G.L. c.44 s. 7 (See Pages as amended; that the Selectmen be authorized to take by eminent 506 - 508 domain, purchase or otherwise acquire any fee easement or other interest for Spec. in land necessary to provide utilities therefor; that the Selectmen be Referendum. authorized to apply for, accept, expend and borrow in anticipation Action is of federal and state aid for such project; and that the Permanent not Building Committee be authorized to carry out the project. reversed) 8:20 P.M. Irving H. Mabee, member of the Permanent Building Committee, gave a presentation on this article. He stated that there were five bidders and that the low bidder, P and H General Contractors of Revere, Mass. , satisfied the committee in regard to the work that they have done in the past. This new pool should meet the needs of the town for thirty years. It will not contain any frills and the committee has made many cost cutting decisions. As an example of the deletions he sited the following: covered or closed year round pool; length and width of pool reduced; less expensive lighting; and size of bathhouse reduced. By starting construction June 1, 1979 rather than September 1, 1979 there would be a cost savings of $45,000. (Mr. Mabee was recognized by the Moderator for the second ten minutes.) There will be an increase in the price of the swim tags which will help defray the expenses of the pool. It is figured that the swimmers pay 91% of the expenses and the town pays only 9%. 8:38 P.M. In response to a question raised by Selectman Alfred S. Busa, Mr. Mabee stated that if the diving pool facilities were eliminated and were replaced with a concrete deck, there would be a savings of $62,000. 8:44 P.M. Donald B. White, Chairman of the Appropriation Committee stated that a majority of his committee supported this article. They are in favor — of this expenditure and feel that we should get on with this job at this time. 8:46 P.M. Mary E. Shunney showed concern for the increase in the users fee and that because of the increase that there might be a decrease in the number of swimmers but Mr. Mabee responded that he felt that there would be enough people subscribing so that there would not be any problem. 8:48 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) Article 40. Richard A. Michelson asked what the swimming plans for this summer (Cont.) would be and was answered by Mrs. Uhrig that it was going to be a problem. There would be no classes beyond the beginner level. 8:50 P.M. Robert Eby gave a breakdown of the fee schedule as requested by Martin A. Gilman. 8:52 P.M. Albert P. Zabin stated that a majority of the Planning Board supported this article. 8:54 P.M. In response to a question by David G. Williams, Town Counsel, Norman P. Cohen stated that construction could start in June although the fiscal year didn't start until July 1 because this is a borrowing article and no money is to be raised in the tax levy. 8:57 P.M. Mr. Kent said that a majority of the members of the Board of Selectmen that were present tonight endorse this article. 8:58 P.M. William J. Dailey, Jr. , assisted by John R. Campbell with the slides, spoke for the minority on the Appropriation Committee in opposition to this article. He showed the decline in use of both the "res" and the pool, a 33.1% decline 1972 vs. 1977 and also a decline in the sale of swim tags. He also commented on the fact that the high school students defeated this article at the Mock Town Meeting held by them on March 13, 1979. Mr. Dailey concluded his talk by repeating that a strong minority of the Appropriation Committee do not favor this expenditure. 9:06 P.M. In rebuttal to Mr. Dailey's statement, Mary Louise Touart, Chairman of the Permanent Building Committee, informed the meeting that a majority of the students favored the pool but they lacked the required two- thirds vote. 9:07 P.M. 1"--I Elaine Dratch asked if the single use ticket would still be in effect } and was answered by Robert Eby that the one day charge would still be in operation. 9:25 P.M. Otis S. Brown, Jr. moved the previous question at 9:44 P.M. Martha C. Wood requested a roll call vote on the main motion when it is taken and, as more than the required fifty members stood in favor of the roll call vote, the Moderator stated that the vote would be taken by roll call. 9:44 P.M. Previous question was declared carried by voice vote. 9:45 P.M. The roll call vote on the main motion under Article 40, as offered by James J. Scanlon, was taken by the Town Clerk, Mary R. McDonough, starting at 9:45 P.M. and completed at 9:56 P.M. with the final tally completed at 10 P.M. with the results as follows: (Final result announced by the Moderator at 10:02 P.M.) ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 PRECINCT ONE YES NO ABSTAINED ABSENT r-- Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampsom, Barry E. x Santosuosso, Benny A. x (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CONT.) (Cont. ) PRECINCT ONE (CONT.) YES NO ABSTAINED ABSENT Stone, Pamela Mary x Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 7 13 0 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 16 5 0 0 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x Rif fin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x 1 TOTALS 15 5 0 1 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40. (CONT.) (Cont.) PRECINCT FOUR (CONT.) YES NO ABSTAINED ABSENT Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F.[-- x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. x TOTALS 17 3 0 1 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 12 9 0 0 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x Gray, Neil x Hall, Harry A. III x r-_ Kent, Hugh C. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 18 1 0 2 (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CONT.) (Cont.) PRECINCT SEVEN YES NO ABSTAINED ABSENT Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x — Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x TOTALS 17 2 0 2 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Caring, Ione D. x Hagerty, Gerald F. Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 11 7 0 3 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) 5 Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CONT.) (Cont.) PRECINCT NINE (CONT.) YES NO ABSTAINED ABSENT Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x I TOTALS 14 6 0 1 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x _ _ TOTALS 5 1 2 1 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 7 13 0 1 21 Precinct Two 16 5 0 0 21 Precinct Three 15 5 0 1 21 Precinct Four 17 3 0 1 21 Precinct Five 12 9 0 0 21 Precinct Six 18 1 0 2 21 7 Precinct Seven 17 2 0 2 21 Precinct Eight 11 7 0 3 21 Precinct Nine 14 6 0 1 21 At Large 5 1 2 19 TOTALS 132 52 2 12 198 The Moderator declared the main motion, as offered by James J. Scanlon under Article 40, adopted, as more than the required two-thirds had voted in favor. 10:02 P.M. (See Page 420 for motion as adopted.) Alice M. Hinkle moved that Article 39 be taken from the table which was declared carried unanimously. 10:02 P.M. (See Pages 409 and 418) Article 39. Presented by Alice M. Hinkle. MOTION: That the Town accept Section 53D of Chapter 44 of the General Laws. 10:02 P.M. j (Chapter 44, Section 53D. RECREATION AND PARK SELF-SUPPORTING SERVICE -- REVOLVING FUNDS. Notwithstanding the provisions of section fifty-three, any city or town which accepts the provisions of this section may establish in the town treasury a revolving fund which shall be kept separate and apart from all other monies by the treasurer and in which shall be deposited the receipts received in connection with the conduct of self-supporting recreation and park services of said city or town. The principal and interest thereon shall be expended at the direction of the authority, commission, board or official of such city or town with said responsi- bility without further appropriation, but only with the written approval of the ]Mayor in cities, or city manager in Plan E cities, or the selectmen (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) Article 39. (Chapter 44, Section 53D (Cont.) (Cont.) in towns, or in towns which have adopted the town manager form of government the town manager and only for the purpose of operating self-supporting recreation and park services. The city auditor or town ac.countan:t shall submit annually a report of said revolving fund to the mayor, city council, city manager, board of selectmen or town manager for their review and a copy of said report shall be submitted to the director of the bureau of accounts; provided that funds in said revolving fund shall not be used to employ or pay the salary of any employee or for the purchase of equipment; provided further that said revolving fund shall not exceed the sum of five thousand dollars and any amount in excess of five thousand dollars shall be paid into the city or town treasury as provided in section fifty-three. A city or town which has accepted the provisions of this section may, in like manner, revoke its acceptance.) James M. McLaughlin serves notice of reconsideration of Article 40. 10:07 P.M. (See Pages 471 - 475) Article 39. Motion, as presented by Mrs. Hinkle under Article 39, declared carried (Cont.) by voice vote. 10:08 P.M. Judith J. Uhrig moved that Article 4, line item 2470 be taken up at this time. Carried Unanimously. 10:08 P.M. (See Page 390 and 419) Article 4. (The following is Article 4, line item 2470 as presented at the March 19, 1979 session of this meeting: (See Page 390) Recreation Committee #2470 Personal Services 120,825) Judith J. Uhrig moved that line item 2470 under Article 4 be amended by substituting the sum of $105,119 for $120,825. 10:10 P.M. William T. Spencer asked what would happen if, for any reason, that the new pool was not started this June and this money was needed for personnel at the old pool. Mrs. Uhrig answered by saying that the old pool would not be open this summer whether the new pool was started or not. 10:11 P.M. Mrs. Uhrig's motion to amend line item 2470 declared carried unanimously. 10:11 P.M. Motion under Article 4, line item 2470 as amended now reads: (As adopted) Recreation Committee #2470 Personal Services 105,119 Motion under Article 4, line 2470, as amended, declared carried unanimously. 10:11 P.M. Judith J. Uhrig moved to take Article 41 from the table which was declared --1 carried unanimously. 10:12 P.M. (See Page 409 and 419) Article 41. Presented by Judith J. Uhrig. MOTION: That the sum of $15,000.00 be appropriated for the develop- (As ment of and upgrading neighborhood tot lots and parks in such locations adopted) as the Recreation Committee may determine with approval of the Board of Selectmen, and that such amount be raised in the tax levy. 10:12 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.) s,,, 7 Article 41. Mrs. Uhrig told the meeting that the Sutherland Heights Play Area (Cont.) was badly in need of upgrading and showed some slides that backed up her statement. 10:18 P.M. Margery M. Battin stated that the four members of the Board of Select- ment present tonight supported this article. 10:20 P.M. Michael J. O'Sullivan, an abutter to the play area, Julian J. Buss- gang and Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, all urged support of the article. 10:25 P.M. r-- Main motion, as presented by Mrs. Uhrig, declared carried unanimously. 10:25 P.M. Mary W. Miley moved that Article 4, line item 3310 be taken up at this time which was carried unanimously. 10:25 P.M. (See Page 390) Article 4. The following is Article 4, line item 3310 as presented at the March 19, 1979 session of this meeting: (See Page 390) Health Department #3310 Mystic Valley Mental Health $ 30,853* *To which the sum of $30,853. in available and (As anticipated P.L. 92-512 as amended by P.L. 94-488 adopted) (General Revenue Sharing Funds) is to be applied. Mrs. Miley urged support of this motion and stated that 10% of the town used the services of Mystic Valley Mental Health and filed report. 10:27 P.M. Nancy Banks, Assistant to the Town Manager, spoke for the Human ' -' Services Council and Winifred L. L. Friedman, who had originally moved that this article be postponed for a report, stated that she supported Lexington's commitment to Mystic Valley. 10:35 P.M. Ronald d'Cambre, Executive Director of Mystic Valley was introduced and Mary Sanmartino also of Mystic Valley told of the services and answered many questions from various members. 10:57 P.M. John P. Carroll moved the previous question which was declared carried by voice vote. 10:58 P.M. The Moderator read line item 3310 as presented at the March 19, 1979 session. (See above) Motion as presented by Mrs. Miley under Article 4, line item 3310 declared carried unanimously. 10:58 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, April 4, 1979 at 8 P.M. in Cary Memorial Hall which was carried by voice vote. 10:59 P.M. A true copy. F-- Attest: 40Ariff_ W541n4.44.7 Mary R. McDonough, Town Clerk ^ r� ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD APRIL 4, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 181 Town Meeting Members present. Invocation offered by Rev. Polly Laughland of the Follen Community Church. 8:12 P.M. Norman M. Connolly moved that Article 32 be taken from the table which was carried unanimously. 8:12 P.M. (See Page 408) Article 32. Presented by Norman N. Connolly. (As MOTION: That the sum of $5,000.00 be appropriated to provide services adopted) to the town by the Central Middlesex Assoc. for Retarded Citizens Inc. (CMARC) in carrying out its endeavors under G.L. c.19, that said amount be raised in the tax levy and that said funds be expended by the Board of Health as provided in G.L. C 40, s.5 (40c) . 8:13 P.M. Chester Soule, Executive Director of CMARC was recognized and gave an explanation of the services and the budget. 8:22 P.M. Mary W. Miley said that the Selectmen are sympathetic but would like to have the assessment completed first. She further stated that the majority of the Board of Selectmen do not support this article. 8:23 P.M. Donald B. White stated that the Appropriation Committee does not support this article. 8:24 P.M. After much discussion, most speakers supporting the article, James Cataldo moved the previous question which was declared carried by ,-i voice vote. 8:43 P.M. Motion, as presented by Mr. Connolly, declared carried unanimously. 8:44 P.M. Weiss Ephraim/moved that Article 49 be taken from the table which was carried by voice vote. 8:44 P.M. (See Page 411) Article 49. Presented by Ephraim Weiss. MOTION: That the Town vote to authorize the Selectmen, together with the School Committee, to appoint an Energy Committee to serve the Board (As of Selectmen, the School Committee, the Town Meeting and the Town at adopted) large on all Town matters in which energy plays a substantive role, and to serve as a focal point for energy information for the Town and by the Town; and that the Energy Committee shall explore ways of re- ducing energy use by the Town and thereby saving the Town money; and that the Energy Committee shall review all proposed new Town building construction projects on behalf of the Town for energy efficiency and economy. 8:46 P.M. Margery M. Battin said that the Board of Selectmen supported this article. 8:50 P.M. Otis S. Brown, Jr. spoke on the Energy Committee that had been appointed by the School Committee and listed the members serving on this committee. He said that the consumption of energy in the schools had been reduced by 25% in the last five years. 8:52 P.M. Mrs. Battin stated that the committee would be strictly advisory. 8:58 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.) _ Article 49. James J. Scanlon moved to amend Article 49 but, as the Moderator (Cont.) questioned the amendment, he, the Moderator, called a five minute recess at 9:09 P.M. The meeting was again called to order by the Moderator at 9:22 P.M. at which time, as there were no objections, Mr. Scanlon withdrew his motion to amend. 9:22 P.M. James M. McLaughlin moved that Article 49 be referred back to the Board of Selectmen for further study. 9:23 P.M. Referral motion was declared lost by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Bernice Manning 3 2 11 Arthur C. Smith 7 3 6 Jeanne K. Krieger 13 4 12 Susan C. Hodgkins 5 5 8 Edward R. DuBois 11 6 4 Susan S. Solomon 12 7 2 Marthur H. Kalil 15 8 13 Eleanor H. Yasaitis 5 9 7 Anna P. Currin 10 At large 9 Harry A. Hall III 7 Totals 83 88 Mr. McLaughlin's motion to refer does not prevail. 9:30 P.M. Paul V. Rif fin moved the previous question which was declared carried by voice vote. 9:30 P.M. Main motion, as presented by Mr. Weiss, declared carried by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Bernice Manning 9 2 7 Arthur C. Smith 11 3 14 Jeanne K. Krieger 4 4 9 Susan C. Hodgkins 8 5 10 Edward R. DuBois 10 6 13 Susan S. Solomon 3 7 14 Marthur H. Kalil 3 8 5 Eleanor H. Yasaitis 12 9 14 Anna P. Currin 3 At large 11 Harry A. Hall III 7 Totals 102 70 Main motion, as presented by Mr. Weiss, was declared adopted. 9:34 P.M. Article 50. Presented by Ephraim Weiss. MOTION: That the Town vote to authorize the Selectmen and School (See Committee, through the Energy Committee, to conduct energy audits of Pg. 430 all public buildings in the Town, that such energy audits shall be for designed to provide the Town with information on energy inputs, adopted energy losses, and energy use in each building, to provide the basis motion) for decisions on the most effective and economical policies, procedures and investments by the Town; and that the Energy Committee shall be authorized to apply for and receive funds on behalf of the Town for use by authorized Town departments and agencies for programs related to energy; and that five thousand dollars shall be appropriated for these purposes, and that such amount be raised on the tax levy. 9:34 P.M. The Board of Selectmen, according to Mrs. Battin, support all but the appropriation. There is money in the professional budget if needed. 9:38 P.M. b �,a (Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.) Article 50. Donald B. White, Chairman of the Appropriation Committee moved that (Cont.) Article 50 be amended to strike out the phrase "and that five thousand dollars shall be appropriated for these purposes, and that such amount be raised on the tax levy". 9:38 P.M. Mr. White stated that the Appropriation supported the article with the exception of the appropriation. 9:38 P.M. William. E. Maloney, Jr. moved the previous question which was declared carried by voice vote. 9:40 P.M. Motion to amend, as offered by Mr. White, declared adopted by voice vote. 9:41 P.M. Main motion, as amended, now reads: (Motion MOTION: That the Town vote to authorize the Selectmen and School as Committee, through the Energy Committee, to conduct energy audits of adopted) all public buildings in the Town, that such energy audits shall be designed to provide the Town with information on energy inputs, energy losses, and energy use in each building, to provide the basis for decisions on the most effective and economical policies, pro- cedures and investments by the Town; and that the Energy Committee shall be authorized to apply for and receive funds on behalf of the Town for use by authorized Town departments and agencies for programs related to energy. Main motion, as amended, declared adopted by voice vote. 9:42 P.M. Ephraim Weiss moved to lay Article 51 on the table but this motion was declared lost by voice vote. 9:42 P.M. Article 51. Presented by Ephraim Weiss. MOTION: That the Town vote to authorize the Selectmen to create the position of Energy Manager for the Town to manage town programs in- volving energy use; to manage the efforts of the Energy Committee on behalf of the Town; to help develop policies, procedures and invest- ments by the Town which are effective and economical through better management of energy; to identify sources of external financial assistance which will benefit the Town; to assist the Town in applying for and receiving funds for the Town; and to explore other avenues of saving money for the Town and its residents through prudent use of energy; and to appropriate therefor eighteen thousand dollars, and that such amount be raised on the tax levy. 9:43 P.M. Margery M. Battin said that the Board of Selectmen did not support this article. Otis S. Brown, Jr. said that the School Committee was unanimously opposed to the article and Donald B. White said that the Appropriation Committee did not support the article. 9:47 P.M. In order to clarify the position of the School Committee, one of its members, Frank I. Michelman, said that at the time they had taken their vote he had said that he would prefer to hear the debate on this article before making his decision. 9:48 P.M. Motion, as presented by Mr. Weiss, declared lost by voice vote. 9:48 P.M. Article 52. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to convey all the Town's right, title and interest in a four foot wide easement originally reserved by the Town in a deed to Manhattan Builders Inc. dated October 4, 1965, recorded in Middlesex South Registry of Deeds, Book 10948, Page 422 to Lexington Enterprises, Inc. , operator of the Peking Garden Restaurant, 29-41 Waltham Street, for one dollar, provided that the grantee will bear all expenses of the conveyance. Carried Unanimously. 9:50 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.) Article 53. Presented by Alfred S. Busa. MOTION: That Section 2 of Article XXVIII of the General By-Laws of the Town of Lexington be amended as set forth in the article. 9:50 P.M. (Article 53 as set forth in the article: To see if the Town will vote to amend Section 2 of Article XXVIII of the General By-Laws of the Town of Lexington (Dog Leash Law) by deleting in the second sentence thereof the words "not more than Y-- twenty-five dollars for each offense" and substituting therefor the words "fifty dollars or the maximum permitted by Section 173A of Chapter 140 of the General Laws, whichever is higher"; or act in any other manner in relation thereto.) James E. Barry spoke at length in opposition to this article and moved that when the vote was taken on this article that it be taken by a roll call vote. There were not fifty members in favor of a roll call vote on this article so Mr. Barry's motion did not prevail. 10:01 P.M. The Moderator stated that the meeting was in recess subject to the call of the chair. 10:04 P.M. The meeting was called to order by the Moderator at 10:05 P.M. As a question was raised regarding the wording of this motion, the Moderator called a five minute recess at 10:07 P.M. The Moderator called the meeting to order at 10:15 P.M. Alfred S. Busa presented a substitute motion as follows: MOTION: That the motion under Article 53 read as follows: (� (Motion MOTION: That Section 2 of Article XXVIII of the General By-Laws of as the Town of Lexington be amended by deleting in the second sentence adopted) thereof the words "not more than twenty-five dollars for each offense" and substituting therefor the words "up to fifty dollars or the maxi- (Approved mum permitted by Section 173A of Chapter 140 of the General Laws, by Atty. whichever is higher." 10:18 P.M. General, Aug. 16, Mr. Busa's motion to substitute is adopted by voice vote. 1979. 10:18 P.M. Published in Lex. The Moderator stated that the substitute motion is now the main Min. Man motion. Sept. 13 & 20, After general discussion, Stephen W. Doran moved the previous 1979.) question which was declared carried by voice vote. 10:34 P.M. Main motion, which is the substitute motion presented by Mr. Busa, declared carried by voice vote. 10:34 P.M. Article 54. Presented by Alice M. Hinkle. MOTION: That section 7 of Article XXV of the General By-Laws of the (Approved Town of Lexington be amended by striking such Section and substituting by Atty. therefore the following,: General, Aug. 16, Except as hereinafter provided, no person shall use or operate on any 1979. sidewalk or independent bicycle path any vehicle, except a wheelchair, Published not being propelled by hand. in Lex. Min. Man Non-motorized bicycles may be ridden on independent bicycle paths, Sept. 13 designated by the Selectmen and marked as bike paths or bike routes. & 20, When necessary in the interest of public safety, non-motorized bicycles 1979.) may be ridden on sidewalks, except within business districts and within such other areas as may be designated by the Selectmen. In all other respects, bicycles shall be operated according to Chapter 85, Section 11B of the General Laws of Massachusetts. 10:36 P.M. p ' (Adjourned Session of the 1979 Annual Town Meeting _ April 4, 1979.) Article 54. Weiant Wathen-Dunn of the Bicycle Sub-committee was recognized and he (Cont.) gave a presentation on the article. He stated that the purposes of the proposed change were: to promote the safety of bicycle riders; to make the by-law conform to current, accepted practice in the town, and, to make the by-law conform to what is permitted by state law. 10:43 P.M. The Board of Selectmen support the article according to Robert B. Kent. 10:44 P.M. Main motion, as presented by Mrs. Hinkle, declared carried unanimously. 10:46 P.M. James E. Barry served notice of reconsideration of Article 53. 10:46 P.M. Article 55. Presented by Mary W. Miley. MOTION: That Article XXV of the General By-Laws of the Town of (Approved Lexington be amended by adding a new Section 23A thereto as set forth by Atty. in the article. 10:47 P.M. General, Aug. 16, (Article 55 as set forth in the article: 1979. Published To see if the Town will vote to amend Article XXV of the General By- in Lex. Laws of the Town of Lexington by adding a new section 23A thereto as Min. Man follows: Sept. 13 & 20, Section 23A. No person shall throw, dump or cause to be deposited 1979.) in any brook, stream, water course or drainage facility within the town any trash, rubbish, debris, refuse or other material such as grass clippings, brush, tree limbs or similar items which will obstruct or impede the free flow of water. The penalty for violation of this by-law shall be one hundred dollars for each offense. or act in any other manner in relation thereto.) Mrs. Miley said that the Board of Selectmen urged passage of this article. 10:46 P.M. Motion, as presented by Mrs. Miley, declared carried unanimously. 10:47 P.M. Article 56. Presented by Mary W. Miley. (See MOTION: That Article XXV of the General By-Laws of the Town of Lex- Page ington be amended by adding a new Section 28 thereto as set forth in 465 the article. for motion (Article 56 as set forth in the article: to refer To see if the Town will vote to amend Article XXV of the General By- to Laws of the Town of Lexington by adding a new Section 28 thereto as Selectmen) follows: Section 28. No person shall install, maintain or use a mechanical protection device that is automatically keyed to or activates the telephone numbers or lines controlled by or listed to the Police Department or Fire Department, without written approval of the �J Department Head. All such devices shall be removed, or appropriate written approval obtained, within 60 days of the effective date of this by-law. For the purpose of this by-law, mechanical protection devices shall be defined as follows: An electrically operated instru- ment composed of sensory apparatus and related hardware which auto- matically sends over regular telephone lines, by direct connection or otherwise, pre-recorder voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a physical force or condition characteristic of a fire or unauthorized intrusion. or act in any other manner in relation thereto.) (Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.) Article 56. Mrs. Miley described the two systems that are in use now and said (Cont.) that the Board of Selectmen urged support of this article. 10:50 P.M. Roy Weinstein moved that this article be referred back to the Select- ment for further study. 10:53 P.M. Discussion followed, both pro and con, and Police Chief, James F. Corr answered some of the questions. 11:03 P.M. Motion to refer back to Selectmen was declared lost by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Bernice Manning 7 2 13 Arthur C. Smith 5 3 2 Jeanne K. Krieger 18 4 5 Susan C. Hodgkins 10 5 10 Edward R. DuBois 10 6 6 Susan S. Solomon 10 7 12 Marthur H. Kalil 5 8 5 Eleanor H. Yasaitis 10 9 6 Anna P. Currin 7 At large 8 John R. Campbell 9 Totals 71 91 Motion to refer, as offered by Mr. Weinstein, does not prevail. 11:07 P.M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:21 P.M. Ephraim Weiss asked if it was in order to table this article and, if so, he so moved. 11:22 P.M. It being in order to table, Ephraim Weiss moved to lay Article 56 on the table. 11:23 P.M. The Moderator informed the meeting that if the motion to table prevailed, but when it is taken from the table there would be no time left for debate. 11:23 P.M. Voice vote on the motion to table Article 56 was doubted by the Moderator, so he asked for a standing vote. Results as follows: Precinct In Favor Tellers Opposed 1 0 Bernice Manning 9 2 7 Arthur C. Smith 11 3 8 Jeanne K. Krieger 11 4 9 Susan C. Hodgkins 8 5 7 Edward R. DuBois 11 6 3 Susan S. Solomon 12 7 13 Marthur H. Kalil 4 8 3 Eleanor H. Yasaitis 11 9 9 Anna P. Currin 7 At large 4 John R. Campbell 14 Totals 63 98 Motion to table Article 56 does not prevail. 11:25 P.M. Frank Sandy moved that this meeting be adjourned to Monday, April 1979 at 8 P.M. but this motion was declared lost by voice vote. 11:25 P.M. Main motion, as presented by Mrs. Miley, declared carried by voice vote. 11:26 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.) Roy Weinstein served notice of reconsideration of Article 56. 11:26 P.M. Margery M. Battin moved that this meeting be adjourned to Monday, April 9, 1979 at 8 P.M. in Cary Memorial Hall. 11:27 P.M. A true copy. J Attest: d Mary R. McDonough, Town Clerk J ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING of HELD APRIL 9, 1979 In the absence of the Moderator, Lincoln P. Cole, Jr. (State Representative Cole was at the State House at a legislative session) , Town Clerk, Mary R. McDonough called the meeting to order at 8:09 P.M. in Cary Memorial Hall. In accordance with Article V, Section 1 of the General By-Laws of the Town of Lexington the next order of business was to elect a Temporary Moderator for this session of town meeting. The Town Clerk asked for nominations from the floor. Margery M. Battin nominated Robert B. Kent. There being no more nominations, the Town Clerk announced that nominations were closed. On a voice vote, Robert B. Kent was declared Temporary Moderator for this session of town meeting and was sworn to r-- the faithful performance of his duties by the Town Clerk at 8:10 P.M. There were 181 Town Meeting Members present. Invocation offered by Rabbi Joel H. Meyers of Temple Emunah. 8:12 P.M. Margery M. Battin, Chairman of the Board of Selectmen, informed the meeting that the Board had voted to present the three major articles and the three line items pertaining to solid waste at the April 23, 1979 adjourned session of this meeting. At the end of the discussion on each of these items, a motion will be made to table the motion and at the April 25, 1979 session a motion will be made to remove from the table in order that the vote may be taken. 8:14 P.M. Article 57. Alfred S. Busa moved that this article be placed on the table. Carried by voice vote. 8:15 P.M. (See Page 486) Albert P. Zabin moved that Article 74 be taken up at this time which was carried by voice vote. 8:15 P.M. Article 74. Presented by Albert P. Zabin. L. MOTION: That the resolution set forth in the report of the Planning Board on this article be adopted. 8:15 P.M. (See Page (Resolution as set forth in the report of the Planning Board: 443 for HOUSING POLICY PLAN motion as The Town recognizes the high cost of land and construction and the adopted) unavailability of low cost housing in the Town of Lexington. Residents are forced to leave, and other citizens are effectively excluded from Lexington solely because they are of low or moderate income. It is a benefit to the Town to maintain diversity among its residents. WHEREAS the Town recognizes that it, along with other towns and cities in the metropolitan Boston area, has an obligation to provide some housing for persons of low, moderate and "fixed" income. AND WHEREAS the Town recognizes that the cost of maintaining houses in Lexington is rising because of increasing inflation and taxes so that many citizens living in Lexington may soon be unable to remain in the Town, the Town adopts the following housing policy. r-- The Lexington Housing Authority, the Board of Selectmen and the Planning - Board are directed to give priority to the development of low and moderate income familyhousing, to be followed in g priority by the development of additional housing for the elderly. The Town shall use its best efforts to provide not less than an average of 25 newly constructed or rehabilitated family units for low and moderate income families and 15 new units for the elderly, each year over the next six years. It is the primary responsibility of the Lexington Housing Authority to achieve this goal, and the Authority is directed by the Town Meeting to pursue the achievement of that goal as vigorously as possible, making use of any and all available state and federal subsidy programs, statutes and regulations. ^'b (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. (Resolution as set forth in the report of the Planning Board: (Cont.) (Cont.) The Lexington Housing Authority, in selecting sites for new housing, shall be guided, insofar as is reasonably practicable, by the rec- ommendations for "guidelines for development" and "criteria for evaluation" in the "Report to the Lexington Planning Board From a Joint Government and Citizens Advisory Committee on Housing Policy", dated December, 1978. All Town agencies and boards are directed to cooperate fully with the Lexington Housing Authority for the achievement of these goals. The Lexington Planning Board is further directed to encourage private developers of multi-unit developments to include in their developments units for low and moderate income families. Future Town Meetings are further urged to make full use of provisions of the Zoning Act permitting density and other concessions to developers in return for significant contributions to the inventory of low and moderate income housing. The Planning Board is further directed to study the feasibility and propose zoning changes which will promote the availability and which will enable the construction of less expensive housing than can currently be built in Lexington. At each annual Town Meeting beginning in 1980, the Lexington Housing Authority and the Planning Board shall report to the Town Meeting the progress of the Town boards towards the achievement of the goals of this housing policy and plan. This report shall describe the efforts made in the preceding year to achieve these goals, and their plans to achieve those goals not yet realized.) Mr. Zabin gave a lengthy report on this article and urged support. 8:33 P.M. Margery Battin said that a majority (4 Members) of the Board of Selectmen supported this resolution and urged adoption. 8:37 P.M. Julian J. Bussgang moved substitute motion for Article 74 as set forth in the enclosed motion previously distributed to the Town Clerk and to members of each precinct. (Substitute Motion under Article 74: HOUSING POLICY PLAN To see if the Town will adopt the following resolution relating to a housing policy plan for the Town: WHEREAS the Town of Lexington recognizes that it, along with other towns and cities in the metropolitan Boston area has a shortage of housing for persons of low, moderate and "fixed" income, whereas cost of land and construction are high; AND WHEREAS the cost of maintaining houses in Lexington is rising be- cause of increasing inflation and taxes so that many citizens may soon be unable to remain in the Town; AND WHEREAS it is a benefit to the Town to maintain diversity among its residents, and not to lose long-term residents or exclude new residents solely because they are of low or moderate income; AND WHEREAS the Town recognizes that it is vital that basic human needs for housing be met; the Town adopts the following housing policy. The Lexington Housing Authority, the Board of Selectmen, and the Planning Board are directed to give vigorous attention to the managed --� growth of low and moderate income family housing to be followed in priority by the additional housing for the elderly. The prime goal shall be to increase the number of subsidized family units of all varieties of forms of housing assistance to a total of 174 units by the end of 1983 or, on the average, 25 units each year, and the corresponding numbers of subsidized elderly units to a total of 238 or, on the average, 15 units each year. (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. (Mr. Bussgang's substitute motion: (Cont.) (Cont.) It is the primary responsibility of the Lexington Housing Authority to achieve this goal, and the Authority is directed by the Town Meeting to pursue the achievement of that goal as vigorously as possible, making use of any and all available state and federal subsidy programs. The Lexington Housing Authority shall make every effort to expand the rental subsidy programs and, in selecting sites for new housing, shall consider the recommendations for "guidelines for development" and "criteria for evaluation" in the "Report to the Lexington Planning Board from a Joint Government and Citizens Advisory Committee on Housing Policy", dated December 1978. All Town agencies and boards are directed to cooperate fully with the Lexington Housing Authority for the achievement of these goals. The Lexington Planning Board is further directed to propose to future Town Meetings new and refined zoning ordinances designed to expand the inventory of low and moderate income housing through better use of existing structures, development bonuses or lower cost con- struction. In pursuing this effort the Board shall foster land management techniques that minimize environmental damage and shall strive to maintain historic and aesthetic qualities of the Town. At each annual Town Meeting beginning in 1980 and ending in 1984, the Lexington Housing Authority and the Planning Board shall report to the Town Meeting the progress of the Town boards towards the achieve- ment of the goals of this housing policy and plan. This report shall describe the efforts made in the preceding year and the plans to achieve these goals and shall list the number of the then existing housing units under different assistance programs.) 8:39 P.M. Mr. Bussgang, who offered the substitute motion on behalf of himself and of Mr. Arthur Smith, gave an explanation of his motion. 8:54 P.M. Mr. Zabin, saying that the Planning Board had reviewed the substitute motion seriously, said that the Planning Board opposed this motion. 8:58 P.M. • Mrs. Battin said that the Board of Selectmen recommended that the substitute motion not be adopted. 9 P.M. Mary E. Shunney moved that the substitute motion be referred back to the Planning Board. 9:06 P.M. Mrs. Battin, who said that the Board of Selectmen must file a fair housing plan this year, said that this is the responsibility of the Selectmen no matter what town meeting adopts. The town meeting does not have to do anything but the Selectmen must. 9:13 P.M. Mr. Zabin informed the meeting that we could lose federal funds if we do not have a housing policy program. 9:18 P.M. Alfred S. Busa, Selectman, supported the motion to refer. 9:26 P.M. Motion to refer the substitute motion back to the Planning Board, as offered by Mrs. Shunney, declared lost by voice vote. 9:28 P.M. Mr. Bussgang's motion to substitute was declared lost by voice vote, which was doubted by more than twenty members, so a standing vote was --- taken as follows: Precinct In Favor Tellers Opposed 1 9 Pamela Winston 5 2 14 Arthur C. Smith 6 3 12 Jeanne K. Krieger 8 4 8 Susan C. Hodgkins 9 5 9 Edward R. DuBois 9 6 5 Susan S. Solomon 13 7 5 Marthur H. Kalil 13 8 13 Eleanor H. Yasaitis 3 9 7 Anna P. Currin 7 0 (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. Standing vote on Mr. Bussgang's motion to substitute: (Cont.) (Cont.) Precinct In Favor Tellers Opposed At large 9 John R. Campbell 9 Totals 91 82 Mr. Bussgang's motion to substitute is adopted. 9:35 P.M. The Temporary Moderator stated that the substitute motion is now the order of the meeting. George P. Wadsworth moved to substitute a motion as follows: Whereas the Town Meeting recognizes its obligation to insist upon an increase in the Lexington tax base, both residential and commercial, in order to maintain the services citizens want at prices they can afford to pay. And Whereas the Town Meeting recognizes that a more realistic approach is needed to solve the dilemma of the citizens who wish to remain in Lexington but find it increasingly difficult because of inflation and increasing taxes. And Whereas the Town Meeting recognizes the need of a continuing effort to maintain the value of the residential property of its citizens. The Lexington Housing Authority, the Board of Selectmen and the Planning Board are directed to achieve these goals by bringing to subsequent Town Meetings appropriate land developments. At the same time they are directed to present to those subsequent Town Meetings their evaluation of the progress made to date toward satisfying the above mentioned goals. Such evaluations should give to the Town Meeting Members a more definitive picture of the ultimate needs for low and moderate income housing. 9:38 P.M. After Mr. Wadsworth gave an explanation of his motion a voice vote was taken and his motion to substitute was declared lost. 9:47 P.M. Frank Sandy moved that Article 74 motion be further amended by striking the words "the number of subsidized family units of all varieties of forms of housing assistance" and substituting "the number of low and moderate income family units". 9:47 P.M. After general discussion, Daniel E. Power moved the previous question which was declared carried by voice vote. 10:13 P.M. Voice vote on Mr. Sandy's motion to amend was doubted by the Temporary Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 0 Pamela Winston 14 2 1 Arthur C. Smith 20 3 11 Jeanne K. Krieger 7 4 3 Susan C. Hodgkins 14 5 3 Edward R. DuBois 13 6 11 Susan S. Solomon 6 7 11 Marthur H. Kalil 7 8 5 Eleanor H. Yasaitis 11 ---- 9 4 Anna P. Currin 10 At large 13 John R. Campbell 6 Totals 62 108 Mr. Sandy's motion to amend does not prevail. 10:17 P.M. Susan S. Beck requested that a roll call vote be taken on the main motion, and as there were more than the required fifty members in favor of the roll call, the Temporary Moderator declared that the vote on the main motion for Article 74 would be taken by roll call. 10:18 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. Mr. Zabin stated that the Planning Board unanimously endorsed the (Cont.) article which is now before the meeting. 10:20 P.M. The roll call vote on the main motion, which is the substitute motion offered by Mr. Bussgang, was taken by the Town Clerk, Mary R. McDonough, starting at 10:23 P.M. and completed at 10:34 P.M. with the final tally completed at 10:38 P.M. with the results as follows: (Final result announced by the Temporary Moderator, Robert B. Kent at 10:38 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S SUB- STITUTE MOTION IS NOW THE MAIN MOTION) PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P.[I- x Zabin, Judith L. x Totals 15 0 0 6 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x S Wilson, Carolyn C. x Wilson, Donald D. x Totals 21 0 0 0 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x 0: (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S (Cont.) SUBSTITUTE MOTION IS NOW THE MAIN MOTION) (CONT.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x Rif fin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x Totals 19 0 0 2 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph 0. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. x Totals 19 0 0 2 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x h•••••11, McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x Totals 17 1 0 3 (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S (Cont.) SUBSTITUTE MOTION IS NOW THE MAIN MOTION) (CONT.) PRECINCT SIX YES NO ABSTAINED ABSENT Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x McDevitt, James J. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x Totals 20 0 0 1 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x Totals 21 0 0 0 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Hagerty, Gerald F. x Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x 9 (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 74. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S (Cont.) SUBSTITUTE MOTION IS NOW THE MAIN MOTION) (CONT.) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Toye, Stanley E. x Yasaitis, Eleanor H. x Totals 18 0 2 1 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy _ _ _ x Totals 16 0 0 5 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x Totals 8 0 0 1 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 15 0 0 6 21 Precinct Two 21 0 0 0 21 Precinct Three 19 0 0 2 21 Precinct Four 19 0 0 2 21 Precinct Five 17 1 0 3 21 Precinct Six 20 0 0 1 21 Precinct Seven 21 0 0 0 21 Precinct Eight 18 0 2 1 21 Precinct Nine 16 0 0 5 21 li] At Large 8 0 0 1 9 TOTALS 174 1 2 21 198 The Temporary Moderator, Robert B. Kent, declared the main motion, which is Mr. Bussgang's substitute motion, to be adopted. 10:38 P.M. (See next page for motion as adopted under Article 74.) (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Motion as adopted under Article 74. (See previous page for final vote.) Article 74. MOTION: HOUSING POLICY PLAN (Cont.) WHEREAS the Town of Lexington recognizes that it, along with other towns and cities in the metropolitan Boston area has a shortage of (Motion housing for persons of low, moderate and "fixed" income, whereas cost as of land and construction are high; adopted) AND WHEREAS the cost of maintaining houses in Lexington is rising because of increasing inflation and taxes so that many citizens may -®— soon be unable to remain in the Town; AND WHEREAS it is a benefit to the Town to maintain diversity among its residents, and not to lose long-term residents or exclude new residents solely because they are of low or moderate income; AND WHEREAS the Town recognizes that it is vital that basic human needs for housing be met; the Town adopts the following housing policy. The Lexington Housing Authority, the Board of Selectmen, and the Planning Board are directed to give vigorous attention to the managed growth of low and moderate income family housing to be followed in priority by the additional housing for the elderly. The prime goal shall be to increase the number of subsidized family units of all varieties of forms of housing assistance to a total of 174 units by the end of 1983 or, on the average, 25 units each year, and the corresponding numbers of subsidized elderly units to a total of 238 or, on the average, 15 units each year. It is the primary responsibility of the Lexington Housing Authority to achieve this goal, and the Authority is directed by the Town Meeting to pursue the achievement of that goal as vigorously as possible, making use of any and all available state and federal subsidy programs. The Lexington Housing Authority shall make every effort to expand the [-- rental subsidy programs and, in selecting sites for new housing, shall consider the recommendations for "guidelines for development" and "criteria for evaluation" in the "Report to the Lexington Planning Board from a Joint Government and Citizens Advisory Committee on Housing Policy", dated December 1978. All Town agencies and boards are directed to cooperate fully with the Lexington Housing Authority for the achievement of these goals. The Lexington Planning Board is further directed to propose to future Town Meetings new and refined zoning ordinances designed to expand the inventory of low and moderate income housing through better use of existing structures, development bonuses or lower cost construction. In pursuing this effort the Board shall foster land management tech- niques that minimize environmental damage and shall strive to main- tain historic and aesthetic qualities of the Town. At each annual Town Meeting beginning in 1980 and ending in 1984, the Lexington Housing Authority and the Planning Board shall report to the Town Meeting the progress of the Town boards towards the achievement of the goals of this housing policy and plan. This report shall describe the efforts made in the preceding year and the plans to achieve these goals and shall list the number of the then existing housing units under different assistance programs. (Adopted. See Page 442 for roll call vote results.) Article 58. Presented by William T. Spencer. (Approved MOTION: That Section 11 of Article VI of the General By-Laws of the by Atty. Town of Lexington be amended as set forth in the article. General, 10:38 P.M. Aug. 16, 1979. (Article 58 as set forth in the warrant: Published in Lex. To see if the Town will vote to amend Section 11 of Article VI of the Min. Man General By-Laws of the Town of Lexington (conveyance of tax title lots Sept. 13 for housing) by striking the words "and provided further that no lot & 20, 1979) (Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.) Article 58. (Article 58 as set forth in the warrant: (Cont.) (Cont.) shall be sold or conveyed under this section if its area exceeds 30,000 square feet;"; or act in any other manner in relation thereto.) Eleanor H. Yasaitis gave written notice that she would abstain from voting on Article 58. Warren Roberts questioned the presence of a quorum. The Temporary Moderator declared that a quorum (100 members) was present. 10:39 P.M. Motion, as offered by Mr. Spencer, declared adopted unanimously. 10:42 P.M. Article 59. Presented by Iris G. Wheaton. MOTION: That this article be indefinitely postponed. 10:42 P.M. Mrs. Wheaton filed the Report of the Planning Board. Motion to indefinitely postpone Article 59 declared carried unanimously. 10:42 P.M. Article 60. Presented by Iris G. Wheaton. (Approved MOTION: That Section 28.11 of the Zoning By-Law of the Town be by Atty. amended by inserting after the words "municipal buildings" the words General, "and the development of land on which they are situated". Aug. 16, 10:43 P.M. 1979. Posted in Mrs. Wheaton filed the report of the Planning Board and stated that the Town Off. Board unanimously supported this motion. Building & 10:44 P.M. nine prec. Sept. 13, Mary W. Miley stated that the Board of Selectmen supported this motion. 1979.) 10:45 P.M. Motion, as presented by Mrs. Wheaton, declared carried unanimously. 10:45 P.M. Margery M. Battin moved that this session of town meeting be adjourned to Monday, April 23, 1979 at 8 P.M. in Cary Memorial Hall which was declared carried by voice vote. 10:45 P.M. A true copy. Attest: 7/6 c40-14444 Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD APRIL 23, 1979 The meeting was called to order in Cary Memorial Hall at 8:15 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 182 Town Meeting Members present. Invocation offered by Rev. Edwin D. McLane, Minister at the Hancock United Church of Christ. 8:16 P.M. Margery M. Battin, Chairman of the Board of Selectmen, expressed regret at the change in plans for presenting the articles pertaining to solid waste (see page 435 - April 9, 1979 session) . The contract was given to the Selectmen only last Thursday and time is needed for the Town Counsel and his staff to review this contract. Therefore these items will be deferred until next Monday, April 30, 1979, at which time one or two articles will be brought up and then a recess of of one or one and a half hours will be taken in order that there can be discussion without the formal rules of town meeting and then the vote will be taken on Monday, May 2, 1979. 8:18 P.M. * Iris G. Wheaton moved that Article 63 be taken up out of order at this time. Carried by voice vote. 8:18 P.M. Article 61. (See Pages 487 - 489 and 492 - 493) Article 62. (See Page 499) * Article 63. Presented by Iris G. Wheaton. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article. 8:18 P.M. (Article 63 as set forth in the article: CONGREGATE HOUSING To see if the Town will vote to amend the Zoning By-Law by: 1. Adding a new Subsection 25.1.9 as follows: "Congregate living facility (see Section 43) " and inserting the designation "SP" in (As all columns. adopted) 2. Adding in Section 1 the following paragraph immediately preceding the definition "DRIVE-IN RESTAURANT": (Approved by Atty. CONGREGATE LIVING FACILITY An independent p group living environ- General, ment that is non-institutionalized and that offers the elderly, Aug. 16, who are capable of self-preservation, the single-family residential 1979. accomodations and supporting services they need to maintain a semi- Posted in independent lifestyle. Town Office Building 3. Adding a new Section 43 as follows: & nine precincts SECTION 43 - Congregate Living Facility on Sept. 13, 1979.) 43.1 General Objectives. The purpose of this section is intended to encourage the establishment of congregate living facilities as a viable housing alternative for the elderly who are capable of self- preservation but through frailty need limited supervision or care. 43.2 General Description. A congregate living facility shall provide a single bedroom for each resident or couple, a communal eating area and a resident manager. Each facility shall be limited to a maximum of twelve (12) residents. 43.3 Parking. There shall be provided not less than one parking space for each two residents plus one parking space for each employee. All parking shall be located to the rear of the facility. 43.4 Automatic Fire Warning Systems. Smoke detectors must be installed. " 0 (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 63. (Article 63 as set forth in the article (Cont.) (Cont.) 43.5 Application for a Special Permit. Subject to the provi- sions of Sections 13.1 and 13.2, the SPGA may grant a special permit for a congregate living facility subject to the following conditions and requirements: 43.5.1 In the case of new construction, the application must include a site development plan showing the proposed grading, paved areas, utilities, open space, planting, screening, landscaping and other improvements, and the locations and outlines of all proposed buildings. In the case of a change in use of an existing building, . the application must include a site development plan showing all modifications to the existing building and its site. The application must also include an order of conditions from the Conservation Commission under Article XXXIII of the General By- Laws of the Town of Lexington, or a determination by the Conserva- tion Commission that Article XXXIII is not applicable or that conditions are not necessary. 43.5.2 A description of the parking indicating its location relative to the building and indicating the location of both resi- dent and employee parking. 43.5.3 A description of the proposed management of the facility. 43.5.4 A description of the services to be provided to the residents and how such services are to be supplied. 43.5.5 A description of all common or shared areas. 43.6 SPGA Action The SPGA shall forthwith deliver copies of the application for a special permit under this section to the Fire Department and Building Commissioner, and to those Boards, Commis- sions, and Departments specified in Section 13.1.2 of the By-Law. In addition to the requirements of Section 13.2.3 of this By-Law, the SPGA shall not make its finding and determination until the Building Commissioner, Fire Department and the other Town Boards, Commissions and Departments submit their reports thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan. or act in any other manner in relation thereto.) Mrs. Wheaton filed the Report of the Planning Board on Article 63 and informed the meeting that the Board unanimously supported this article. 8:26 P.M. Rev. Polly Laughland, minister at the Follen Church, spoke from the balcony in favor of this article. 8:27 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Pamela Winston 3 2 16 Arthur C. Smith 2 3 6 Jeanne K. Krieger 0 4 17 Susan C. Hodgkins 0 5 15 Edward R. DuBois 2 -- 6 16 Susan S. Solomon 0 7 12 Marthur H. Kalil 3 8 15 Eleanor H. Yasaitis 0 9 15 Anna P. Currin 0 At Large 16 William J. Dailey, Jr. 1 Totals 139 11 More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Wheaton, is adopted. 8:32 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) ` . Albert P. Zabin moved that Article 64 be taken up out of order at this time. Carried by voice vote. 8:32 P.M. Ephraim Weiss served notice of reconsideration of Article 63. 8:33 P.M. Article 64. Presented by Albert P. Zabin. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 8:33 P.M. (Article 64 motion as attached to the report of the Planning Board: Motion: ACCESSORY APARTMENTS To amend the Zoning By-Law of the Town by 1. Adding in Section 1 the following paragraph immediately pre- (Not ceding the definition "ACCESSORY USE OR BUILDING": adopted) ACCESSORY APARTMENT An accessory apartment is a dwelling unit of one or more rooms with separate kitchen and bathroom facilities, (See Page designed for the occupancy of a separate household, in a home 495 for originally constructed as a single housing unit. reconsider- ation. 2. Amending Subsection 25.1.6 by striking the words "Dwelling con- Article version to two family" and substituting therefor "Accessory apart- still ments (see Section 42) " and by inserting the designation "SP" in not each column. adopted) 3. Inserting a new Section 42 as follows: Section 42. Accessory apartments. This Section of the Zoning By-Law is based upon the recognition that there is a need (a) to allow owners to afford to stay in their homes; (b) to diversify, as to cost, the rental units available within the Town of Lexington. 42.1 Application and approval process. Subject to the provi- sions of Sections 13.1 and 13.2, the SPGA may grant a special permit for the opening of one accessory apartment in a single-family dwelling, at any place in the Town of Lexington, on a lot of not less than 10,000 square feet, subject to the following conditions and requirements: (a) No more than minimum exterior alterations shall be made to the original single-family dwelling. Such alteration shall not alter the single-family appearance and character of such dwelling. (b) The SPGA shall not issue a special permit under this section for any building to which an addition has been built within five years of the date of the application and which increased the floor space of the original building by more than 10%. (c) Floor plans of the original building and the proposed accessory apartment, with a site plan showing the location of the original single-family dwelling as well as the proposed parking on the lot, shall be filed with the SPGA. The SPGA shall forthwith deliver copies to the Fire Department and Build- ing Commissioner, and to those Boards, Commissions, and Depart- ments specified in Section 13.1.2 of this By-Law. In addition to the requirements of Section 13.2.3 of this By-Law, the SPGA shall not make its finding and determination until the Building Commissioner, Fire Department and other Town Boards, Commissions and departments submit their reports thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan. (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 64. (Motion under Article 64 as attached to the report of the Planning (Cont.) Board (Cont.) (d) A certificate of occupancy shall have been issued for the original structure prior to January 1, 1979, or the SPGA makes a finding that the original structure was not constructed so as to take unfair advantage of this section. (e) No boarders or roomers shall be taken by either the land- lord or tenant without specific, prior approval of the SPGA. 42.2 Any special permit issued by the SPGA hereunder shall be — a conditioned upon the owner of the dwelling, in which any accessory apartment is permitted, residing in the dwelling except for temporary absences as approved by the SPGA. 42.3 Any special permit issued under this section shall be conditioned upon the provision of not less than one off-street parking space for each apartment. 42.4 Special permits granted under this section may be subject to a time limitation.) Mr. Zabin filed the Report of the Planning Board covering Article 64 and stated that the Board unanimously recommended adoption of this motion. 8:33 P.M. Planning Board Member, Laura F. Nichols said that she is in favor of the motion but would like to tighten it up a bit and therefore would move that Article 64 be amended as follows: Insert at the beginning of 42.1 (c) the following: "The accessory apartment shall not exceed 30% of the gross floor area of the single family dwelling, exclusive of any garage, shed or similar structure of accessory use attached to the single family dwelling." 8:37 P.M. Mrs. Nichols motion to amend Article 64 is adopted by voice vote. 8:41 P.M. Nyles Nathan Barnert moved that this motion be amended by appending thereto a Section 42.5 reading as follows: 42.5 Any Special Permit issued under this section shall restrict the increase in floor area of the original building to 10%. 8:41 P.M. Mr. Barnert's motion to amend is declared lost by voice vote. 8:45 P.M. George P. Wadsworth moved that the motion under Article 64 be amended by deleting at the end of the definition of Accessory Apartment the words "housing unit" and substituting therefor the words "family housing unit in or before 1930." 8:48 P.M. Mr. Wadsworth's motion to amend was declared adopted by voice vote, which was doubted by more than the required twenty voters, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Pamela Winston 5 2 7 Arthur C. Smith 11 3 14 Jeanne K. Krieger 4 -- 4 9 Susan C. Hodgkins 8 5 12 Edward R. DuBois 6 6 4 Susan S. Solomon 11 7 8 Marthur H. Kalil 8 8 14 Eleanor H. Yasaitis 3 9 9 Anna P. Currin 7 At Large 10 William J. Dailey, Jr. 9 Totals 102 72 Mr. Wadsworth's motion to amend is adopted. 9:02 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 64. Main motion as amended by Mrs. Nichols and Mr. Wadsworth now reads: (Cont.) MOTION: To amend the Zoning By-Law of the Town by (Not 1. Adding in Section 1 the following paragraph immediately pre- adopted) ceding the definition "ACCESSORY USE OR BUILDING" : ACCESSORY APARTMENT An accessory apartment is a dwelling unit of (See one or more rooms with separate kitchen and bathroom facilities, Page designed for the occupancy of a separate household, in a home 495 originally constructed as a single family housing unit in or for before 1930. recon- sidera- 2. Amending Subsection 25.1.6 by striking the words "Dwelling con- tion. version to two family" and substituting therefor "Accessory Article apartments (see Section 42) " and by inserting the designation "SP" still in each column. not adopted) 3. Inserting a new Section 42 as follows: Section 42. Accessory apartments. This Section of the Zoning By-Law is based upon the recognition that there is a need (a) to allow owners to afford to stay in their homes; (b) to diversify, as to cost, the rental units available within the Town of Lexington. 42.1 Application and approval process. Subject to the provi- sions of Sections 13.1 and 13.2, the SPGA may grant a special permit for the opening of one accessory apartment in a single- family dwelling, at any place in the Town of Lexington, on a lot of not less than 10,000 square feet, subject to the following conditions and requirements: (a) No more than minimum exterior alterations shall be made to the original single-family dwelling. Such alteration shall not alter the single-family appearance and character of such dwelling. (b) The SPGA shall not issue a special permit under this section for any building to which an addition has been built within five years of the date of the application and which increased the floor space of the original building by more than 10%. (c) The accessory apartment shall not exceed 30% of the gross floor area of the single family dwelling, exclusive of any garage, shed or similar structure of accessory use attached to the single family dwelling. Floor plans of the original building and the proposed accessory apartment, with a site plan showing the location of the original single-family dwelling as well as the proposed parking on the lot, shall be filed with the SPGA. The SPGA shall forthwith deliver copies to the Fire Department and Building Commissioner, and to those Boards, Commissions, and Departments specified in Section 13.1.2 of this By-Law. In addition to the requirements of Section 13.2.3 of this By-Law, the SPGA shall not make its finding and determination until the Building Commissioner, Fire Department and other Town Boards, Commissions and departments submit their reports thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan. (d) A certificate of occupancy shall have been issued for the original structure prior to January 1, 1979, or the SPGA makes a finding that the original structure was not constructed so as to take unfair advantage of this section. (e) No boarders or roomers shall be taken by either the landlord or tenant without specific, prior approval of the SPGA. 42.2 Any special permit issued by the SPGA hereunder shall be conditioned upon the owner of the dwelling, in which any accessory apartment is permitted, residing in the dwelling except for temporary absences as approved by the SPGA. 42.3 Any special permit issae_d under this section shall be con- ditioned upon the provision of not less than one off-street parking space for each apartment. -- _AT (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 64. Main motion as amended by Mrs. Nichols and Mr. Wadsworth (Cont.) (Cont.) 42.4 Special permits granted under this section may be subject to a time limitation. Voice vote on the main motion, as amended by Mrs. Nichols and Mr. Wadsworth, was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Pamela Winston 12 2 12 Arthur C. Smith 7 3 9 Jeanne K. Krieger 5 4 15 Susan C. Hodgkins 2 5 14 Edward R. DuBois 3 6 11 Susan S. Solomon 5 7 8 Marthur H. Kalil 7 8 9 Eleanor H. Yasaitis 8 9 7 Anna P. Currin 9 At Large 14 William J. Dailey, Jr. 5 Totals 105 63 Less than the required two-thirds having voted in favor, the main motion presented by Mr. Zabin and amended by Mrs. Nichols and Mr. Wadsworth is not adopted. 9:10 P.M. Article 2. Manfred P. Friedman moved that the Report of the Lexington Planning Board to the 1979 Town Meeting under M.G.L. Chapter 41, Section 71 on Current Land Use and Developments in Lexington be accepted and placed on file. 9:11 P.M. Iris G. Wheaton served notice of reconsideration of Article 64. 9:12 P.M. (See Pages 495 - 497) Article 2. Mr. Friedman's motion to accept the Report of the Planning Board (Cont.) (see Article 2 above) declared carried unanimously. 9:12 P.M. Manfred P. Friedman moved that Article 65 be taken up out of order at this time. Carried by voice vote. 9:13 P.M. Article 65. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion provided to all town meeting members. 9:13 P.M. (Article 65 as set forth in the motion provided to all town meeting members: MOTION: That the Zoning By-Law of the Town be amended by (Not 1. Introducing a new SECTION 44 as follows: adopted) SECTION 44 - Home Occupations 44.1 The purpose of this section is to provide for home occupa- tions, except for occupations indicated in Subsection 25.9.2, carried out within an existing dwelling or accessory building, as an accessory use. The Board of Appeals shall be the SPGA for the purposes of this section. 44.2 Permitted Home Occupations. A single family dwelling, or accessory building, may be used for the exercise of personal, pro- fessional, managerial, research or trade skills provided that: (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) _ _ Article 65. (Article 65 as set forth in the motion provided to all town meeting (Cont.) members (Cont.) a. the home occupation is incidental and subordinate to the dwelling use; b. no more than 600 square feet of floor space shall be devoted to the home occupations; c. there shall be no sign, advertising device, exterior storage, or other indication, such as excessive traffic, of the home occu- pation; nor shall there be any external change to the dwelling or property which alters its residential appearance; d. no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference which are detectable off the lot; e. there shall be no sale of merchandise, other than craft items fabricated within the dwelling; f. no non-residents shall be employed. 44.3 Special Permit Home Occupation. The SPGA may grant a special permit for home Onoupations that meet the requirements of Section 44.2, a. through d. and that do not significantly impact, or detract from, the residential character of the neighborhood, if a. the home occupation is performed in a dwelling other than a single family dwelling; or b. not more than two non-residents are employed in the home occupa- tion; or c. sale of merchandise is permitted. 2. Deleting the definition "HOME OCCUPATION" from Section 1. ___y 3. Deleting the words "home occupation (see definition) in an exist- ing dwelling:" from the Use Regulations Schedule, line 25.9.1, and adding a new line item; "25.9.0 Home Occupations - see Section 44". 4. Inserting the word "such" after the word "other" in Subsection 25.9.2.) Mr. Friedman filed the Report of the Planning Board which unanimously supported Article 65. 9:13 P.M. Karsten Sorensen moved that Article 65 be amended by deleting section 44.3 and inserting therefor "44.3 Special Permit Home Ocoupatioa. The SPGA may grant a special permit for home occupations that meet the requirements of Section 44.2, a. through f. and that donut significantly impact, or detract from, the residential character of the neighborhood, if the home occupation is performed in a dwelling other than a single family dwelling." 9:28 P.M. Mr. Sorensen's amendment was declared adopted by voice vote. 9:31 P.M. Main motion, as amended, was voted upon but, as the vote was not unanimous a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 13 2 15 Arthur C. Smith 4 3 8 Jeanne K. Krieger 6 4 10 Susan C. Hodgkins 6 5 11 Edward R. DuBois 6 6 11 Susan S. Solomon 4 7 12 Marthur H. Kalil 4 (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 65. Standing vote on main motion, as amended (Cont.) (Cont.) Precinct In Favor Tellers Opposed 8 6 Eleanor H. Yasaitis 11 9 5 Anna P. Currin 9 At Large 14 William J. Dailey, Jr. 4 Totals 97 67 Less than the required two-thirds having voted in favor, the main motion presented by Mr. Friedman and amended by Mr. Sorensen is not adopted. 9:33 P.M. Manfred P. Friedman moved that Article 66 be taken up out of order at this time. Carried by voice vote. 9:33 P.M. Article 66. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article with the following revised Section 30.3.3: Any lot which has been combined by deed or use with the adjacent land shall not be re-subdivided in a manner which will either in- crease an existing non-conformity or create a new non-conforming lot. 9:36 P.M. (Article 66 as set forth in the article with the revised Section 30.3.3 incorporated: To see if the Town will vote to amend the Zoning By-Law by: 1. Striking Section 30 and substituting therefor: SECTION 30 Non-Conforming Uses, Lots and Structures 30.1 The provisions of this secti:en apply to non-conforming (Not uses, lots and structures as created by the initial enactment adopted) of this By-Law or by any subsequent amendments. It is the purpose of this By-Law to discourage the perpetuation of non- conforming uses, lots or structures whenever possible. The lawful use of any building or land existing at the time of the enactment of this By-Law or any amendment thereof may be continued except at otherwise provided. The Board of Appeals shall be the SPGA for the purposes of this Section. 30.2 Non Conforming Uses 30.2.1 Any use lawfully being made of land or of a structure which does not conform to this By-Law as adopted or as amended may be continued to the same degree and for the same purpose. 30.2.2 If a lawful non-conforming use of land or of a structure is abandoned, for any reason, for a period of twenty- four consecutive months, such non-conforming use shall not be resumed. 30.2.3 A lawful non-conforming use of land or of a structure shall not be changed to another non-conforming use unless a special permit therefor is granted by the SPGA in accordance with Section 13.1 of this By-Law. No such special permit shall be granted unless the SPGA finds that the proposed use is more in harmony with the character of the neighborhood and the applicable re- quirements of the zoning district than the existing use. The granting of a special permit for a substitute non-conforming use shall terminate the right to use such land or structure for the prior non-conforming use. (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 66. (Article 66 as set forth in the article with the revised Section (Cont.) 30.3.3 incorporated: (Cont.) 30.2.4 A non-conforming use of land shall not be extended in area or relocated within the lot and a non-conforming use of a structure shall not be extended in floor area unless a special permit therefor is granted by the SPGA in accordance with Section 13.1. No such special permit shall be granted if the SPGA finds that such expansion or relocation is more detrimental to the neighborhood than the existing non-conforming use. 30.3 Non-conforming Lots 30.3.1 Any lot which qualifies as buildable by Sections 26.51, 26.53, 26.54 may be used as prescribed therein. 30.3.2 Any non-conforming lot or non-conforming open space on the lot, including sideyards and setbacks, shall not be • further reduced so as to increase the non-conformity. 30.3.3 Any lot which has been combined by deed or use with the adjacent land shall not be re-subdivided in a manner which will either increase an existing non-conformity or create a new non-conforming lot. 30.4 Non-conforming Structures 30.4.1 Any structure lawfully existing which does not conform to this By-Law as adopted or as amended may be con- tinued to the same degree and for the same purpose. 30.4.2 Any non-conforming structure may be repaired and maintained or altered in any manner which does not change its exterior dimensions, or in any manner which is in accordance with the provisions of Subsection 30.4.3. 30.4.3 Restoration or reconstruction of a non-conforming structure which has been damaged or destroyed may be carried out provided the degree of non-conformity is not extended and the reconstruction work is commenced within 12 months of the date of the damage; also provided that if the cost of such reconstruction shall exceed 75% of the fair market value of the structure immediately prior to such damage, as determined by the Building Commissioner, such reconstruction shall not proceed except with a special permit granted by the SPGA under the provisions of Section 13.1 of this By-Law. 30.4.4 A lawfully existing, non-conforming one- or two- family dwelling or accessory buildings thereto may be extended or enlarged in accordance with the provisions of Section 11.2 of this By-Law provided such extension or enlargement does not increase the non-conformity and does not violate any dimensional controls applicable at the time of the approval for such ex- tension or enlargement. Any other extension or enlargement of a lawfully existing non-conforming building shall not be carried out except with a variance granted by the Board of Appeals under the provision of Section 12.2 of this By-Law, and provided the Board of Appeals finds that such extension or enlargement shall not be substantially more detrimental to the neighborhood than the existing non-conforming structure. 2. Striking, in Section 1, the definition NON-CONFORMING USE OR BUILDING and substituting therefor: NON-CONFORMING USE, STRUCTURE OR LOT: A lawfully existing use, structure or lot that does not conform to these By-Laws for the district in which the use, structure or lot is located. or act in any other manner in relation thereto.) Mr. Friedman filed the Report of the Planning Board covering Article 66 which unanimously supported its passage. 9:36 P.M. -, A. (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) Article 66. Ephraim Weiss moved that Section 30.3.3 of Article 66 be separated (Cont.) from the main motion and voted on separately. 10 P.M. The Moderator called a recess at 10:01 P.M. and called the meeting to order at 10:12 P.M. Moderator, Lincoln P. Cole, Jr. ruled that Article 66 would be divided for voting purposes. The first question would be on the lesser of the two parts. Therefore, the first vote would be on Section 30.3.3. 10:13 P.M. Sheila Busa Tassone moved the previous question (which, according to the Moderator, applied only to Section 30.3.3) . Previous question was declared carried by voice vote. 10:15 P.M. A voice vote, which was not unanimous, was taken on Section 30.3.3, therefore a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 13 2 7 Arthur C. Smith 11 3 14 Jeanne K. Krieger 5 4 13 Susan C. Hodgkins 3 5 8 Edward R. DuBois 8 6 10 Susan S. Solomon 6 7 11 Marthur H. Kalil 3 8 4 Eleanor H. Yasaitis 10 9 6 Anna P. Currin 7 At Large 12 William J. Dailey, Jr. 8 Totals 90 74 Less than two-thirds having voted in favor, the motion under Section 30.3.3 was not adopted. 10:19 P.M. The Moderator stated that the vote would now be on the main motion with the exception of Section 30.3.3. This voice vote was not __J unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 13 2 10 Arthur C. Smith 9 3 15 Jeanne K. Krieger 3 4 13 Susan C. Hodgkins 4 5 12 Edward R. DuBois 7 6 15 Susan S. Solomon 1 7 12 Marthur H. Kalil 2 8 6 Eleanor H. Yasaitis 9 9 12 Anna P. Currin 1 At Large 11 William J. Dailey, Jr. 8 Totals 111 57 Less than the required two-thirds having voted in favor, the main motion under Article 66, with the exception of Section 30.3.3, was not adopted. 10:25 P.M. Frank Sandy moved that Article 67 be taken up out of order at this time. Carried by voice vote. 10:25 P.M. Article 67. Presented by Frank Sandy. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article. 10:25 P.M. (See next page for article as set forth in the warrant) (Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.) / Article 67. (Article 67 as set forth in the article: (Cont.) To see if the Town will vote to amend the Zoning By-Law by: 1. Striking from Section 23.9 the words "central business districts are as follows" and substituting therefor "central business districts shall be further designated CB1 or CB2; areas in CB1 are described in Subsections 23.91, 23.95, 23.96, areas in CB2 are described in Subsections 23.92, 23.93, 23.94, 23.97 as follows:" 2. Amending Subsection 32.1 "Schedule of Required Parking and Loading" by changing the designation "CG" in the sixth row to "CG and CB1" and the designation "CB" in the seventh row to "CB2". or act in any other manner in relation thereto.) Mr. Sandy filed the Report of the Planning Board covering Article 67 which unanimously supported passage of this article. 10:29 P.M. (As , Otis S. Brown, Jr. moved that Article 67 be referred back to Planning adoptedBoard and that the Planning Board or some other designated group contact the property owners to work together in search of a viable solution to parking requirements in a CB Zone. 10:29 P.M. Voice vote on the motion to refer was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 12 Pamela Winston 6 2 13 Arthur C. Smith 6 3 5 Jeanne K. Krieger 15 4 7 Susan C. Hodgkins 9 5 11 Edward R. DuBois 8 6 4 Susan S. Solomon 12 7 5 Marthur H. Kalil 11 8 11 Eleanor H. Yasaitis 5 9 8 Anna P. Currin 6 At Large 11 William J. Dailey, Jr. 7 Totals 87 85 Motion to refer Article 67 to the Planning Board was adopted. 10:45 P.M. Marjorie M. Battin moved that this meeting be adjourned to Wednesday, April 25, 1979 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:45 P.M. A true copy. Attest: r^ c�//r l �liA/ ' 1 //(, a Mary R. McDonough, Town Clerk _ n ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD APRIL 25, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of Our Redeemer. 8:08 P.M. Manfred P. Friedman moved that Article 68 be taken up out of order at this time. Carried by voice vote. 8:08 P.M. Article 68. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this (See article. 8:09 P.M. Page 458 (Motion attached to the report of the Planning Board: for motion MOTION: PARKING as adopted) 1. Striking in Section 1 the definition of PARKING SPACE and sub- stituting therefor: PARKING SPACE: An area in a building or on a lot available for parking one motor vehicle, with free and unimpeded access to a street over unobstructed passageways, aisles or driveways. The unimpeded access requirement does not apply to single-family house lots. 2. Striking the 4th sentence in Subsection 31.13. 3. Adding to Section 31.2, after the first sentence, the following: All parking spaces shall comply with the following minimum dimensions: Angle of Parking Width of Space Depth of Space Width of Aisle 61° - 90° 9 ft. 20 ft. 24 ft. 45° - 60° 9 ft. 20 ft. 18 ft. parallel 8 ft. 22 ft. 14 ft. ANGLE PARKING PARALLEL PARKING DEPTH 1E > 1: WIDTH 4 1 DEPTH AISLE WIDTH l AISLE 31.2.1 In parking facilities containing more than 40 parking spaces 15% of such parking spaces may be for small car use. Such small car spaces, if provided, shall have a depth of at least 15 ft. The width of the parking space and the maneuvering aisle shall not vary from that set forth in Subsection 31.2. Such small car stalls shall be located in one contiguous area and shall be suitably and conspicuously designated. 4. Adding a new Subsection 31.4 as follows: 31.4 Lighting fixtures for parking areas, located on the ex- terior of buildings and on other structures or signs, shall be so arranged that they neither unreasonably distract occupants of nearby properties nor interfere with traffic on any public way. They shall be so placed or hooded as to prevent direct light from shining onto any street or adjacent property. (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 68. (Motion attached to the report of the Planning Board (Cont.) (Cont.) 5. Adding a new Subsection 31.5 as follows: Parking facilities shall provide specially designated parking spaces for the physically handicapped as follows: Total Number of Spaces Handicapped Spaces 6- 25 1 space 26- 40 2 spaces r-- 41- 100 5% of the total spaces 101- 300 4% of the total spaces 301- 800 3% of the total spaces Greater than 800 2% of the total spaces Handicapped spaces shall be clearly identified by a sign that states that these spaces are reserved for physically handicapped persons. Such spaces shall be located in that portion of the parking facility nearest the entrance to the use or structure which the parking facility serves. Handicapped spaces shall have a minimum width of at least twelve (12) feet and a minimum depth of at least twenty (20) feet for all angle parking and twenty-four (24) feet for all parallel parking. 6. Changing Subsection 32.2 by: a. deleting column headed CS b. deleting footnote C c. changing the words "Subsection 12.2" to "Section 13". 7. Renumbering Subsections 31.11, 31.12, 31.13 to 31.1.1, 31.1.2, 31.1.3 respectively. 8. Striking the present Section 32.1 and substituting therefor the following: 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING DISTRICT USE REQUIRED PARKING SPACES RO, RS residential or permitted accessory 2 per dwelling unit RT, RD 1 1/2 per dwelling unit RH, RM " " 1 1/4 RO, RS, RT special permit use reasonably sufficient any industrial one space for each four persons employed on the largest working shift plus 1 space for each 1,000 s.f. of floor area. CO any non-residential permitted use 1 per 200 s.f. or fraction of floor area. CG, CB1 any non-residential permitted use 1 per 150 s.f. or fraction of floor area. CN any non-residential permitted use 1 per 200 s.f. or fraction of floor area. CH hotel, motel, restaurant 1 per guest room, plus 1 space for each 3 seats of rated capacity of dining ' F-- room and function areas, plus 1 space for each 4 employees CB2 Any permitted use N.R. any,not CB2 medical, dental 4 per doctor or dentist any,not CB2 school 2 per classroom any,not CB2 nursing home 1 for each 4 beds design capacity RO, RS boarding or lodging dwelling 1 for each boarder and lodger - � (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 68. (Motion attached to the report of the Planning Board (Cont.) (Cont.) DISTRICT USE REQUIRED LOADING FACILITIES CR,CH,CM,CO any reasonably sufficient, as CG, CN, CB determined by the Building RM, RH, RD Commissioner RO, RS, RT any permitted use N.R.) Mr. Friedman moved to amend the motion on Article 68 by changing the designation "CG, CB1" to "CG" and "CB2" to "CB". 8:13 P.M. Mr. Friedman's motion to amend declared adopted unanimously. 8:14 P.M. The Report of the Planning Board covering Article 68, which shows that the Board unanimously supports Article 68, was filed by Mr. Friedman. 8:14 P.M. Main motion under Article 68 as amended now reads: (As MOTION: To amend the Zoning By-Law of the Town of Lexington by: adopted) 1. Striking in Section 1 the definition of PARKING SPACE and sub- stituting therefor: (Approved PARKING SPACE: An area in a building or on a lot available for by Atty. parking one motor vehicle, with free and unimpeded access to a General, street over unobstructed passageways, aisles or driveways. The Aug. 16, unimpeded access requirement does not apply to single-family 1979. house lots. Posted in Town Office 2. Striking the 4th sentence in Subsection 31.13. Building & nine 3. Adding to Section 31.2, after the first sentence, the following: precincts on Sept. All parking spaces shall comply with the following minimum 13, 1979.) dimensions: Angle of Parking Width of Space Depth of Space Width of Aisle 61° - 90° 9 ft. 20 ft. 24 ft. 45° - 60° 9 ft. 20 ft. 18 ft. parallel 8 ft. 22 ft. 14 ft. ANGLE PARKING PARALLEL PARKING DEPTH ssi r IWIDTH DEPTH �_. AISLE ' WIDTH IAISLE 31.2.1 In parking facilities containing more than 40 park- ing spaces 15% of such parking spaces may be for small car use. Such small car spaces, if provided, shall have a depth of at least 15 ft. The width of the parking space and the maneuvering aisle shall not vary from that set forth in Subsection 31.2. Such small car stalls shall be located in one contiguous area and shall be suitably and conspicuously designated. 4. Adding a new Subsection 31.4 as follows: 31.4 Lighting fixtures for parking areas, located on the ex- terior of buildings and on other structures or signs, shall be so arranged that they neither unreasonably distract occupants of nearby properties nor interfere with traffic on any public way. They shall be so placed or hooded as to prevent direct light from shining onto any street or adjacent property. (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 68. Main motion under Article 68 as amended now reads: (Cont.) (Cont.) 5. Adding a new Subsection 31.5 as follows: Parking facilities shall provide specially designated parking spaces for the physically handicapped as follows: Total Number of Spaces Handicapped Spaces 6- 25 1 space 26- 40 2 spaces 41- 100 5% of the total spaces 101- 300 4% of the total spaces 301- 800 3% of the total spaces Greater than 800 2% of the total spaces Handicapped spaces shall be clearly identified by a sign that states that these spaces are reserved for physically handicapped persons. Such spaces shall be located in that portion of the parking facility nearest the entrance to the use or structure which the parking facility serves. Handicapped spaces shall have a minimum width of at least twelve (12) feet and a minimum depth of at least twenty (20) feet for all angle parking and twenty-four (24) feet for all parallel parking. 6. Changing Subsection 32.2 by: a. deleting column headed CS b. deleting footnote C c. changing the words "Subsection 12.2" to "Section 13". 7. Renumbering Subsections 31.11, 31.12, 31.13 to 31.1.1, 31.1.2, 31.1.3 respectively. 8. Striking the present Section 32.1 and substituting therefor the following: 7-- 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING DISTRICT USE REQUIRED PARKING SPACES RO, RS residential or permitted accessory 2 per dwelling unit RT, RD 1 1/2 per dwelling unit RH, RM 1 1/4 " RO, RS, RT special permit use reasonably sufficient any industrial one space for each four persons employed on the largest working shift plus 1 space for each 1,000 s.f. of floor area. CO any non-residential permitted use 1 per 200 s.f. or fraction of floor area. CG any non-residential permitted use 1 per 150 s.f. or fraction of floor area. CN any non-residential permitted use 1 per 200 s.f. or fraction of floor area. CH hotel, motel, restaurant 1 per guest room, plus 1 space for each 3 seats of rated capacity of dining room and function areas, fl plus 1 space for each 4 employees CB any permitted use N.R. any,not CB medical, dental 4 per doctor or dentist any,not CB school 2 per classroom any,not CB nursing home 1 for each 4 beds design capacity RO, RS boarding or lodging dwelling 1 for each boarder and lodger r., (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 68. Main motion under Article 68 as amended now reads: (Cont.) (Cont.) DISTRICT USE REQUIRED LOADING FACILITIES CR, CH, CM, CO any reasonably sufficient, as CG, CN, CB determined by the Building RM, RH, RD Commissioner RO, RS, RT any permitted use N.R. Main motion as presented under Article 68 by Mr. Friedman and amended by Mr. Friedman declared carried unanimously. 8:16 P.M. Article 69. (See Pages 497 - 499) Albert P. Zabin moved that Article 70 be taken up out of order at this time. Carried Unanimously. 8:17 P.M. Article 70. Presented by Albert P. Zabin. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 8:17 P.M. (Article 70 as set forth in the motion attached to the report of the Planning Board: MOTION: To amend the Zoning By-Law of the Town by: (As 1. Inserting in Section 1 the following definitions: adopted) RACQUET COURT: A fixed playing area such as a tennis court or (Approved racquet ball platform. by Atty. --j General, SWIMMING POOL: Any pool having a depth of 24 inches or greater and Aug. 16, a surface area of 250 square feet or greater. 1979. Posted in 2. Striking from the definition of STRUCTURE everything in the first Town Office sentence following the word "pools". Building & nine 3. Striking Subsection 24.7, and substituting therefor the following: precincts on Sept. 24.7 The SPGA may grant a special permit for the construction of 13, 1979.) a swimming pool or racquet court, accessory to a residential use, subject to the following minimum conditions: 24.7.1 No swimming pool or racquet court shall be constructed within 15 feet of the property line. 24.7.2 Any nightime illumination shall be installed in such a way so as not to shine directly into nearby housing. 24.7.3 There shall be adequate screening as determined by the SPGA. 24.7.4 The erection of any fencing associated with a racquet court in excess of 6 feet shall require a building permit. 24.7.5 Construction of all swimming pools shall require �..r application for a building permit. 24.7.6 Applications for a special permit shall contain an order under the provisions of Article XXXIII of the General By- Laws, or a determination by the Conservation Commission that Article XXXIII is not applicable or that an Order of Conditions is not necessary.) The Report of the Planning Board unanimously recommending adoption of Article 70 was filed by Mr. Zabin. 8:17 P.M. Main motion, as presented by Mr. Zabin, carried unanimously. 8:20 P.M. --- -- ----- (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Manfred P. Friedman moved to take up Article 71 out of order at this time. Carried Unanimously. 8:21 P.M. 9 Article 71. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion to the Report of the Planning Board on this article. 8:22 P.M. (Motion as set forth to the Report of the Planning Board: (Not MOTION: To amend the Zoning By-Law by: 1 adopted) 1. Inserting in the Subsection 25.2.2, after the word "cemeteries" the words: "; day care center". 2. Inserting, in Section 1, the following definition: DAY CARE CENTER: Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives seven or more children, for non-residential custody and care during part or all of the day separate from their parent(s) . Day care center shall not include: any part of a public school system; any part of a private organized educational system, a Sunday school conducted by a religious insti- tution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.) The Report of the Planning Board, unanimously supporting Article 71, was filed by Mr. Friedman. 8:25 P.M. Robert I. Rotberg moved to amend by striking from the definition the words "any part of a private organized educational system". 8:36 P.M. Mr. Rotberg's motion to amend was declared lost by voice vote. 8:42 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 1 Pamela Winston 16 2 7 Arthur C. Smith 9 3 12 Jeanne K. Krieger 8 4 10 Susan C. Hodgkins 6 5 14 Edward R. DuBois 7 6 13 Susan S. Solomon 2 7 12 Marthur H. Kalil 4 8 11 Eleanor H. Yasaitis 5 9 8 Anna P. Currin 8 At Large 10 John R. Campbell 9 Totals 98 74 Less than the required two-thirds having voted in favor, the main motion as presented by Mr. Friedman does not prevail. 8:50 P.M. Albert P. Zabin moved to take up Article 72 out of order at this time. Carried Unanimously. 8:50 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 72. Presented by Frank Sandy. MOTION: To amend the Lexington Zoning By-Law by adding a new section 26.58 as follows: (Approved 26.58 If a right of way has been legally used to provide the by Atty. required frontage for a lot containing a one- or two-family dwelling, General, that right of way may continue to provide the frontage required by Aug. 16, this by-law for that single lot even if that right of way is no longer 1979. a street as defined in this by-law. Such a right of way shall not be Posted in used to establish frontage for a lot that also has adequate frontage Town Office on a legal street. 8:52 P.M. Building & nine Report of the Planning Board, unanimously supporting passage of precincts Article 72, was filed by Mr. Sandy. 8:56 P.M. on Sept. 13, 1979) Motion, as presented by Mr. Sandy, declared adopted unanimously. 8:57 P.M. Albert P. Zabin moved to take up Article 73 out of order at this time. Carried Unanimously. 8:57 P.M. Article 73. Presented by Albert P. Zabin. (Approved MOTION: That the Zoning By-Law of the Town be amended as set forth by Atty. in this article. 8:57 P.M. General, Aug. 16, (Article 73 as set forth in the article: 1979. Posted To see if the Town will vote to amend the Zoning By-Law by: in Town Office 1. Striking, in Subsection 33.7, the words "45 days" and replacing Building them with the words "35 days". & nine precincts 2. Striking, in Subsection 36.5, the words "forty-five days" and on Sept. replacing them with the words "35 days". 13, 1979.) 3. Striking, in Subsection 37.5, the words "thirty days" and replacing them with the words "35 days". 4. Striking, in Subsection 38.38, the words "thirty days" and replacing them with the words "35 days". or act in any other manner in relation thereto.) Report of the Planning Board, unanimously supporting the passage of Article 73, was filed by Mr. Zabin. 8:57 P.M. Motion, as presented by Mr. Zabin, declared adopted unanimously. 8:58 P.M. Fred C. Bailey moved that Article 75 be taken up out of order at this time. Carried Unanimously. 8:58 P.M. Article 75. Presented by Fred C. Bailey. MOTION: That the Town amend the Zoning By-Law: (See by changing the zoning district in which the land bounded and de- Page scribed below lies from RO--one-family dwelling district to CD-- 468 Controlled Commercial and Industrial District by revising the zoning for map and adopting a new zoning map No. CD-1 showing as a CD District adopted the land bounded and described as follows: motion) Parcel III. A certain parcel of land situated on the northwesterly side of Hartwell Avenue, bounded and described as follows: (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 75. Southeasterly by Hartwell Avenue, 358.29 feet; (Cont.) Southerly on a curved line by the junction of Hartwell Avenue and Westview Street, 80.54 feet; Southwesterly by Westview Street, 276.15 feet; Northwesterly by a way by five lines measuring respectively 25.85 feet, 34.42 feet, 157.82 feet, 245.65 feet and 69.03 feet; and Easterly by Bedford Street, 49.48 feet. containing 69,999 square feet of land, more or less. 9 P.M. At the request of Mr. Bailey, Mr. Stephen T. Russian was recognized to give the presentation on Article 75. He, Mr. Russian, read the following which, he stated, had been filed with the Town Clerk: Article 75 proposes a zoning change of a 1.61 acre parcel of land at the intersection of Hartwell Avenue and Westview Street from an RO District to a CD District. The site is located west of Bedford Street and south of the Westview Cemetery. To the west and south of this parcel is other Office and Research zoned land. The parcel is somewhat cleared with some indigenous trees. Soil conditions are largely of gravel and the lot is essentially level. The facility may be served by Town sewer and water and the drainage system will be completely on site. Access and egress to the building will be from a single point on Westview Street. No access from Hartwell Avenue is to be created. The planning banking structure will reflect an effort to provide a transitional zone to the Office and Research Park from the easterly side of Bedford Street where there is some residential use. The Depositors Trust Company has engaged the office of Royal Barry Wills to prepare the necessary plans. The building is of a colonial architectural style. Lighting will be appropriate to the use of the facilities and to the architectural style of the building. Both the lanterns and the signs used for the building will provide an appropriate blend, architecturally. The building will serve as a banking facility for The Depositors Trust Company. The bank contemplates serving the north Lexington and Hartwell Avenue areas with the new and useful banking facility. This proposed facility would likely reduce, or possibly eliminate, some of the banking business that is presently conducted by it in Lexington Center. Present plans are to operate this new facility in a manner similar to that being conducted by the bank at its Depot Square location. At that location the present hours of operation are from 8:30 a.m. to 5:00 p.m. from Monday through Thursday, and 8:30 a.m. to 8:00 p.m. on Friday. On Saturday the bank is open from 9:00 a.m. to 12:00 noon. Should the Town Meeting approve the adoption of this article, these are the hours of operation which will be presented to the Board of Appeals. It is expected that there will be approximately seven to ten employees working at the bank. The number of employees might be increased should the Depot Square facility of the bank be subsequently closed. .v The total ground area to be covered by the building is approximately 5,313 square feet. The paved area will provide parking for 20 automobiles, but allowing for future expan- sion for parking 28 automobiles, as well as storage space for an additional 25 motor vehicles which will be using the three drive-up windows. The usable floor space will have approx- imately 3,284 square feet in the basement area to be used for supplies, record storage, and employees' areas for dining, closet space and rest rooms. The first floor area compris- ing of approximately 4,135 square feet will be employed for general banking office use and for drive-up windows. The drive-up windows, three in number, may be expanded to five if a demand for such additional drive-up windows is demon- strated. The second floor area is 1,751 square feet, approx- imately, and may be used by the bank for future expansion. (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 75. (Statement by Mr. Russian (Cont.) (Cont.) The landscaping will reflect an attempt to save every bit of natural growth on the site, with special emphasis on maintaining growth on the banks of the parcel. Those trees which are suitable for replanting shall be removed from the site and placed in a nursery during excava- tion of the land for the construction of the facility. Thereafter, they will be replaced on the site. It is the intention of the pro- ponents to create a very natural landscaping design. There will be simple plantings on the site and along the building. There will be no construction above a 146 foot elevation line. The walks shall be of brick. The color of the building will be of a Williamsburg type. Of course, this proposed CD zone use does provide the Town with the guarantee of performance. The presentation and plans must be sub- stantially adhered to at the time the building is constructed and used. The Depositors Trust Company looks forward to your support of its proposal. It is most anxious to construct the facility in the ex- pectation that it will play an increasingly greater role in the Lexington community. 9:08 P.M. The Report of the Planning Board, unanimously recommending adoption of Article 75, was filed by Albert P. Zabin. 9:11 P.M. Mr. Russian, apologizing for the quality, showed slides pertaining to the project. 9:21 P.M. Sam V. Nablo, showing concern for the traffic, asked if the Planning Board had given any consideration to having 5 drive-in windows. Planning Board Chairman, Albert P. Zabin didn't feel that traffic would be a problem. 9:23 P.M. Ephraim moved that this article be postponed until next Monday. 9:24 P.M. James M. McLaughlin, speaking against postponement, said that if the members had gone on the bus tour their questions would have been answered. 9:25 P.M. Mr. Weiss's motion to postpone was declared carried by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 0 Pamela Winston 19 2 5 Arthur C. Smith 10 3 15 Jeanne K. Krieger 5 4 3 Susan C. Hodgkins 13 5 13 Edward R. DuBois 8 6 7 Susan S. Solomon 9 7 15 Marthur H. Kalil 1 8 5 Eleanor H. Yasaitis 11 9 7 Anna P. Currin 9 At Large 9 John R. Campbell 10 Totals 79 95 Mr. Weiss's motion to postpone this article to next Monday does not prevail. 9:36 P.M. The Moderator stated that the main question is now before the meeting. As questions were still being raised, Mr. Russian suggested that one of the Town Meeting Members move to table the motion and he would hope to have better quality slides for another session of this meeting. 9:41 P.M. Sheila Busa Tassone moved the previous question. 9:42 P.M. Arthur C. Smith moved that Article 75 be tabled which was declared adopted by voice vote. 9:43 P.M. (See Page 468) (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Roy Weinstein moved for reconsideration of Article 56. 9:43 P.M. Motion to reconsider Article 56 declared adopted by voice vote. 10:02 P.M. Article 56. (See Page 432.) Roy Weinstein moved that Article 56 be referred to the Selectmen. Carried Unanimously. 10:03 P.M. Gerald L. Abegg moved that Article 76 be taken up out of order at this time. Carried Unanimously. 10:03 P.M. Article 76. Presented by Gerald L. Abegg. MOTION: That this article be indefinitely postponed. 10:03 P.M. Report of the Planning Board was filed by Albert P. Zabin. 10:03 P.M. Motion to indefinitely postpone Article 76 adopted unanimously. 10:04 P.M. Jonathan P. Doran moved that Article 77 be taken up out of order at this time. Carried Unanimously. 10:04 P.M. Article 77. Presented by Jonathan P. Doran. (As MOTION: That the zoning by-law of the Town of Lexington be amended adopted) by adding a new subsection 22.63 RD - Multi-family dwelling district as follows: (Approved by Atty. 22.63 A district on the Southerly side of East Street as shown on the General, zoning District Map No. RD-2 entitled RD Multi Dwelling District Aug. 16, Designated thereon 22.63 1979. Posted Described as follows: in Town Office NORTHERLY by East Street on a curved line measuring Building nine hundred forty-four (944±) feet, more or less; & nine SOUTHEASTERLY by land of the Town of Lexington eight hundred precincts thirty-five (835) feet; on Sept. WESTERLY by land now or formerly of Pramod M. and Beryl A. B. 13, 1979. ) Soparker on a curved line measuring ninety-nine(99±) feet, more or less; WESTERLY by land now or formerly of Irving and Aida Belansky, one hundred eighty-eight (188±) feet, more or_less; WESTERLY by land now or formerly of Edmund J. and Claire L. Buchinskas, two hundred two (202-) feet, more or less; WESTERLY by land now or formerly of Jack and Susan Bee Capon, two hundred forty-three (243±) feet, more or less; WESTERLY by land now or formerly of Richard J. and Barbara A. Biederman; WESTERLY by land now or formerly of David J. and Kathleen A. O'Brien, three hundred seventy-three (373±) feet, more or less, to the point of beginning. Said parcel of land containing 10.64 acres, more or less. 10:06 P.M. At the request of Mr. Doran, Mark Moore, Jr. and Benjamin Nickerson were recognized to make the presentation while showing slides. Mr. Moore informed the meeting that in accordance with a "Memorandum of Understanding" that he had filed with the Town Clerk, Moore Homes, Inc. agreed to grant an option to the Lexington Housing Authority for the sale of not less than 2 (or 10%, whichever is larger) of the units approved by the 1979 Town Meeting for Morrow Crossing. 10:20 P.M. ` (Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.) Article 77. The Report of the Planning Board covering Article 77 showing that a (Cont.) majority of the Planning Board recommended passage of this article was filed by Albert P. Zabin. 10:23 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Pamela Winston 1 2 17 Arthur C. Smith 1 3 13 Jeanne K. Krieger 7 4 16 Susan C. Hodgkins 0 5 16 Edward R. DuBois 4 6 12 Susan S. Solomon 3 ._ 7 15 Marthur H. Kalil 1 8 15 Eleanor H. Yasaitis 0 9 15 Anna P. Currin 0 At Large 15 John R. Campbell 4 Totals 145 21 More than the required two-thirds having voted in favor, the main motion, as presented by Jonathan P. Doran, was adopted. 10:37 P.M. Lloyd D. Taylor served notice of reconsideration of Article 77. 10:37 P.M. Albert P. Zabin moved that Article 78 be taken up out of order at this time. Lost by voice vote. 10:38 P.M. Moderator Lincoln P. Cole, Jr. informed the meeting that at the session of this meeting to be held next Monday that regular business would be conducted during the first part of the meeting. At some point during the middle of the meeting there would be a recess or adjournment so that an information meeting could be held on the solid waste articles. Margery M. Battin moved that this meeting be adjourned to Monday, April 30, 1979 at 8 P.M. in Cary Memorial Hall. Motion to adjourn was declared carried by voice vote. 10:38 P.M. A true copy. Attest: if 4rVI.04.1 Mary R. McDonough, Town Clerk f ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD APRIL 30, 1979 The meeting was called to order in Cary Memorial Hall at 8:02 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 187 Town Meeting Members present. The invocation was offered by Rev. Harvey Meppelink, Pastor of the Assemblies of God Christian Center. 8:04 P.M. Margery M. Battin, Chairman of the Board of Selectmen, moved that this meeting �- be recessed until 9:45 P.M. in order that an information meeting could be held for the solid waste articles. 8:05 P.M. Voice vote on Mrs. Battin's motion was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 0 Robert A. Cataldo 9 2 5 Arthur C. Smith 6 3 16 Jeanne K. Krieger 3 4 12 Susan C. Hodgkins 2 5 7 Edward R. DuBois 8 6 11 Susan S. Solomon 2 7 15 Marthur H. Kalil 1 8 4 Eleanor H. Yasaitis 9 9 5 Anna P. Currin 5 At Large 18 John R. Campbell 4 Totals 93 49 Motion to recess prevails. 8:10 P.M. Moderator, Lincoln P. Cole, Jr. called the meeting to order, after the recess, at 9:47 P.M. Francis W. K. Smith that Article 42 be taken off the table which was declared adopted unanimously. 9:48 P.M. Article 42. Presented by Francis W. K. Smith. (See MOTION: That this article be indefinitely postponed. Page 410) Carried Unanimously. 9:49 P.M. Francis W. K. Smith moved that Article 43 be taken off the table which was declared adopted unanimously. 9:49 P.M. Article 43. Presented by Francis W. K. Smith. (See MOTION: That the Conservation Commission be authorized to purchase or Page otherwise acquire, and the Selectmen be authorized to take by eminent 411.) domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or (As conservation restriction as defined in Section 31 of Chapter 184 of adopted) the General Laws or other interest in all or any part of land shown as Lots 142B and 143 on Assessors' Property Map 64 and described in deed recorded in Middlesex South Registry of Deeds, Book 12276, Pages 121 and 122, now or formerly of EAT Realty Trust; that the sum of $144,000.00 be appropriated for such land acquisition and that such amount be transferred from the appropriation voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. 9:50 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.) Article 43. Mr. Smith explained that they have a signed option for this land for (Cont.) $200,000.00. The owner is Emily A. Tropeano. 9:53 P.M. Donald B. White, Chairman of the Appropriation Committee, filed the supplementory report of his committee stating that they unanimously supported Article 43. 9:54 P.M. Margery M. Battin informed the meeting that the Board of Selectmen unanimously supported this article. 9:55 P.M. Main motion, as presented by Mr. Smith, declared carried unanimously. 9:57 P.M. Arthur C. Smith moved that Article 75 be taken off the table which was carried by voice vote. 9:57 P.M. Article 75. (See Pages 462 through 464) Article 75 as presented at the April 25, 1979 session of this town meeting: (Presented by Fred C. Bailey) (As MOTION: That the Town amend the Zoning By-Law: adopted) by changing the zoning district in which the land bounded and des- cribed below lies from RO--One-Family Dwelling District to CD-- Controlled Commercial and Industrial District by revising the zoning map and adopting a new zoning map No. CD-1 showing as a CD District the land bounded and described as follows: (Approved Parcel III. A certain parcel of land situated on the northwesterly by Atty. side of Hartwell Avenue, bounded and described as follows: General, Aug. 16, _ _ 1979. SOUTHEASTERLY by Hartwell Avenue, 358.29 feet; Posted SOUTHERLY on a curved line by the junction of Hartwell Avenue in Town and Westview Street, 80.54 feet; Office SOUTHWESTERLY by Westview Street, 276.15 feet; Building NORTHWESTERLY by a way by five lines measuring respectively 25.85 & nine feet, 34.42 feet, 157.82 feet, 245.65 feet and precincts 69.03 feet; and on Sept. EASTERLY by Bedford Street, 49.48 feet. 13, 1979.) containing 69,999 square feet of land, more or less. Sheila Busa Tassone withdrew her motion for the previous question (See Page 464) . 9:57 P.M. Stephen T. Russian, attorney for the proponents, explained that there have been two changes and he has filed the latest statement and the latest form of site plan with the Town Clerk. One change was in paragraph #5 of the statement - "Except for additional topsoil and planting there will be no regrading above the 146 foot elevation line" being the new statement. Mr. Russian feels that there should be no backup of traffic at this location although Mary W. Miley and Alice M. Pierce voiced their concern on this subject. 10:14 P.M. Voice vote on the main motion under Article 75 was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 17 Robert A. Cataldo 0 2 18 Arthur C. Smith 0 3 9 Jeanne K. Krieger 9 4 15 Susan C. Hodgkins 2 5 13 Edward R. DuBois 4 6 13 Susan S. Solomon 2 7 11 Marthur H. Kalil 6 8 14 Eleanor H. Yasaitis 0 9 15 Anna P. Currin 1 At Large 20 John R. Campbell 1 Totals 145 25 More than the required 2/3 having voted in favor, main motion adopted. 10:18 P.M. (Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.) James F. Crain moved that Article 5 be taken off the table which was declared adopted unanimously. 10:18 P.M. { Article 5. Presented by James F. Crain. (See MOTION: That $270,000 be appropriated for the ensuing fiscal year, in Page addition to those authorized under Article 4 of this warrant, to fund 403) cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan, and that such amount be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: ACCT. DEPARTMENT 1000 SELECTMEN 1060 TOWN MANAGER 1070 TEMPORARY HELP 1075 CLERICAL POOL 1130 DIRECTOR OF GUIDES 1150 TOWN CLERK 1500 BOARD OF APPEALS 1600 PLANNING BOARD 2000 BOARD OF REGISTRARS 2470 RECREATION 2500 TREASURER/COLLECTOR 2800 COMPTROLLER 2950 ASSESSOR 3250 HEALTH 3500 ANIMAL CONTROL 3760 POLICE MGT & STAFF 3770 PATROLMEN & SARGEANTS (C/B) 4110 FIRE MGT & STAFF 4120 FIRE COLL. BARGAINING 4450 INSPECTION 4950 DPW MGT. & STAFF 5100 ENGINEERING 5200 TOWN BUILDING MAINTENANCE 7100 VETERANS'SERVICES 7500 LIBRARY 7825 NON-CONTRIBUTORY PENSION 10:20 P.M. Lincoln P. Cole, Jr. , Richard M. Perry and Mary R. McDonough gave notice that they would abstain from voting on Articles 4 and 5. (See Page 387) Mr. Crain showed slides and gave an explanation of the article. 10:30 P.M. The Supplementary Report of the Appropriation Committee approving Article 5 was filed by Donald B. White. 10:32 P.M. Motion, as presented by Mr. Crain, declared carried unanimously. 10:33 P.M. James F. Crain moved that Article 6 be taken off the table which was declared carried unanimously. 10:33 P.M. Article 6. Presented by James F. Crain. (See MOTION: That the Town accept Section 100B of Chapter 41 of the Page General Laws. 10:34 P.M. 403) (Chapter 41, Section 100B. INDEMNIFICATION OF RETIRED POLICE OFFICERS AND FIRE FIGHTERS FOR CERTAIN HOSPITAL, ETC. , EXPENSES. Any city operating under a Plan D or Plan E chapter which accepts this section by the affirmative vote of two thirds of all the members 4;/ , (Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.) Article 6. (Chapter 41, Section 100B (Cont.) (Cont.) of its city council, and any other city which accepts this section by a majority vote of its city council with the approval of its mayor, and any town which accepts this section by a majority vote of its inhabit- ants at an annual town meeting, may, upon written application by any of its police officers or fire fighters retired either before or after the acceptance of this section under a general or special law specifi- cally relating to retirement for accidental disability, except a special law applicable to one person, or in the event of the death of any such police officer or fire fighter, upon written application by his widow or, if he leaves no widow, by his next of kin, indemnify, out of any funds appropriated for the purposes of this section, such police officer or fire fighter or, in the event of his death, his widow, or if he leaves no widow, his next of kin, for all reasonable hospital, medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for podiatry incurred by such police officer or fire fighter after his retirement; provided, however, that no person shall be indemnified under this section unless a majority of the members of a panel consisting of (a) the chairman of the retirement board of the city or town, (b) the city solicitor, town counsel or other officer having similar duties or a person designated in writing by such solicitor, counsel or officer to act for him, and (c) such physician as the city or town manager or, if there is none, the mayor or selectmen in writing appoint shall, upon receipt from the applicant of due proof, certify:--(1) that the expenses for which indemnification is sought were the natural and proximate result of the disability for which the police officer or fire fighter was retired; (2) that such expenses were in- curred after the acceptance of this section; (3) that the hospital, medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for podiatry to which such expenses relate were rendered within six months before the filing of the application; (4) that such expenses were in no ways attributable to the use by the police officer or fire fighter of any intoxicating liquor or drug or to his being gainfully employed after retirement or to any other willful act or conduct on his part; and (5) that such expenses are reasonable under all the circumstances.) After an explanation was given by Mr. Crain, Donald B. White informed the meeting that the Appropriation Committee supported this article. 10:37 P.M. Motion, as presented by Mr. Crain, declared carried unanimously. 10:37 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, May 2, 1979 at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote. 10:37 P.M. A true copy. Attest: 7t `4011,s4. i Mary R. McDonough, Town Clerk James J. McDevitt, 36 Colony Road, resigned as a Town Meeting Member from Precinct Six effective May 1, 1979. Charles J. Code, Jr. , 15 Flintlock Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Six at the March 5, 1979 election, accepted a position as Town Meeting Member from Precinct Six effective May 2, 1979. Mr. Code will fill the vacancy caused by the resigna- tion of Mr. McDevitt for a term expiring in March 1980. A ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MAY 2, 1979 Meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P.M. in Cary Memorial Hall. There were 183 Town Members present. Invocation offered by Rev. Dr. Spencer Lavan, Minister of the First Parish Church. 8:06 P.M. Article 2. William R. Page moved that the Report of the Lexington Forum on Aging be accepted and placed on file. Carried Unanimously. 8:07 P.M. James M. McLaughlin moved for reconsideration of Article 40. 8:07 P.M. (See Page 420) The Moderator informed the meeting that the total time for debate was thirty minutes with five minutes for each speaker. Clifford B. Porter in his explanation for the reasons for reconsidering Article 40, said that it is not his intention to vote down the pool but to have it constructed at a reduced cost. 8:12 P.M. At the request of James J. Scanlon, Irving H. Mabee, Permanent Building Committee member, was recognized, with the meeting granting permission for him to speak for the second five minutes. Mr. Mabee spoke against reconsideration stating that the committee had a firm bid from a qualified contractor and con- struction would start June 1 instead of September 1. This would mean a savings to the town of $20,000. The use permit for the pool as it is now would no longer be issued by the Board of Health. 8:25 P.M. The Appropriation Committee, according to Chairman Donald B. White, voted in favor of reconsideration of Article 40. 8:27 P.M. William M. Fraser stated that if the motion under Article 40 was not reconsidered, he felt sure that there would be a referendum, an opinion that was voiced by others also. 8:29 P.M. In response to a question raised by Frank Sandy, the Moderator informed the meeting that a majority vote would be needed for reconsideration and, if that motion passed, a two-thirds vote would be needed for the main motion. 8:30 P.M. Judith J. Totman moved that the vote on the motion to reconsider Article 40 be taken by roll call. 8:32 P.M. Standing vote of those in favor of the roll call vote was taken as follows: Precinct Tellers In Favor 1 Pamela Winston 8 2 Arthur C. Smith 11 3 Jeanne K. Krieger 11 4 Susan C. Hodgkins 14 5 Edward R. DuBois 11 6 Susan S. Solomon 7 7 Marthur H. Kalil 7 8 Eleanor H. Yasaitis 6 9 Anna P. Currin 8 At Large John R. Campbell 11 Total 94 As there were more than the required fifty members having voted in favor, the Moderator stated that the vote on the motion to reconsider Article 40 would be taken by a call of the roll. 8:34 P.M. Robert B. Kent stated that a majority (three members) of the Board of Select- ment were opposed to reconsideration of Article 40. 8:37 P.M. (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979) The roll call vote on the motion to reconsider Article 40, as offered by James M. McLaughlin, was taken by the Town Clerk, Mary R. McDonough, starting at 8:40 P.M. and completed at 8:50 P.M. with the final tally completed at 8:54 P.M. with the results as follows: (Final result announced by the Moderator at 8:56 P.M.) ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x ' Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. TOTALS 11 4 0 6 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. TOTALS 8 11 0 2 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Krieger, Jeanne K. x ' McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x Rif fin, Paul V. x Roberts, Marie E. x --�- Rotberg, Robert I. x Souza, Richard W. x TOTALS 5 16 0 0 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph 0. x Shaw, Sandra J. Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. x TOTALS 4 15 0 2 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 14 6 0 1 (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.) PRECINCT SIX YES NO ABSTAINED ABSENT Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Code, Charles J. Jr. x Downey, John F. Jr. x a Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 3 15 0 3 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x ; Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x r Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. TOTALS 5 14 0 2 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. X T Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. X Hagerty, Gerald F. x Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 13 6 0 2 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 10 9 0 2 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x , Miley, Mary W. x Zehner, Louis A. x TOTALS 3 4 2 0 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 11 4 0 6 21 Precinct Two 8 11 0 2 21 Precinct Three 5 16 0 0 21 Precinct Four 4 15 0 2 21 Precinct Five 14 6 0 1 21 Precinct Six 3 15 0 3 21 Precinct Seven 5 14 0 2 21 Precinct Eight 13 6 0 2 21 Precinct Nine 10 9 0 2 21 At Large 3 42 0 9 TOTALS 76 100 2 20 198 The Moderator declared that the motion to reconsider Article 40 does not prevail. 8:56 P.M. t "� (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Margery M. Battin that Article 28 be taken off the table which was declared carried unanimously. 8:57 P.M. (See Page 407) Article 28. Presented by Margery M. Battin. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) contract with an operator of a solid waste disposal facility for the disposal of refuse, garbage and waste and for the use of by-products or residue resulting from the operation of such facilities on such terms as the Selectmen deem advisable. 8:57 P.M. Mrs. Battin said that this motion would give the Selectmen the authority to commit to a final disposal system. She added that the Board would work with the Solid Waste Committee and would consult with the Appropriation Committee and any other appropriate committee before making a final decision. 9 P.M. Karsten Sorensen moved that the motion under Article 28 be amended by adding after the words "for the disposal of" the words "up to 12,000 tons per year of". 9:17 P.M. James P. Reilly, a member of the Solid Waste Committee, urged defeat of the amendment as they would be hampered by having a cap put on. 9:19 P.M. The Appropriation Committee, according to Donald B. White, supports the main motion with the understanding that the Board of Selectmen will work with them. 9:27 P.M. Motion to amend, as offered by Mr. Sorensen, declared lost by voice vote. 9:27 P.M. Arthur C. Smith wanted assurance from the Board of Selectmen that if there was a major change, would they come back to town meeting. In answer to Mr. Smith, Margery M. Battin said that they would likely go to Neswick or nothing and that if there was a major change, they would have an information meeting with Town Meeting Members but she would not commit them to a special town meeting. 9:29 P.M. After more discussion, William M. Fraser moved the previous question which was declared carried by voice vote. 9:43 P.M. Main motion presented under Article 28 by Mrs. Battin was declared carried by voice vote. 9:44 P.M. Mary W. Miley moved that Article 38 be taken off the table. 9:44 P.M. Mary W. Miley moved that Article 38 and line items 5800 and 5850 of Article 4 be considered together. 9:45 P.M. Motions, as offered by Mrs. Miley, declared carried by voice vote. 9:45 P.M. (See Pages 393, 394 and 409) The Moderator informed the meeting that in accordance with Mrs. Miley's motions, Article 38 and line items 5800 and 5850 of Article 4 would be discussed together but would be voted on separately. Article 38. Presented by Mary W. Miley. (Not MOTION: That the sum of $257,000 be appropriated, in addition to the adopted- amount specified in line items 5800 and 5850, for the curbside See Pgs. collection and disposition of garbage and trash and for the collection 484-485) and disposition of recyclables, and that such amounts be raised in the tax levy. 9:45 P.M. Article 4. Line Item 5800 MOTION: That the sum of $32,400 be appropriated under line item 5800. 9:46 P.M. (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Article 4. Line Item 5850 MOTION: That the sum of $65,290 be appropriated under line item 5850. 9:46 P.M. After giving an explanation of her motions, Mrs. Miley responded to a question by Robert I. Rotberg by saying that apartments and condominiums would be picked up once a week. 9:50 P.M. Judith L. Zabin moved to amend the motion under Article 38 by adding the following sentence at the end thereof: It shall be a condition of any contract for the collection of solid waste that all metal cans, glass and newspapers shall be separated from other trash and garbage for the purpose of recycling. 9:53 P.M. Voice vote on Mrs. Zabin's motion to amend was doubted by the Moderator so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 6 2 12 Arthur C. Smith 7 3 12 Jeanne K. Krieger 8 4 12 Susan C. Hodgkins 4 5 8 Edward R. DuBois 12 6 6 Susan S. Solomon 9 7 9 Marthur H. Kalil 6 8 5 Eleanor H. Yasaitis 9 9 11 Anna P. Currin 5 At Large 4 John R. Campbell 16 Totals 84 82 Motion to amend Article 38, as offered by Mrs. Zabin, is adopted. 10:11 P.M. Robert B. Kent moved reconsideration of Judith L. Zabin's amendment. 10:11 P.M. Mr. Kent explained that the Board of Selectmen supported his motion to reconsider the amendment. 10:13 P.M. After general discussion, both pro and con, a voice vote was taken on the motion to reconsider, which was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 6 2 8 Arthur C. Smith 11 3 10 Jeanne K. Krieger 10 4 7 Susan C. Hodgkins 11 5 11 Edward R. DuBois 9 6 7 Susan S. Solomon 8 7 4 Marthur H. Kalil 11 8 12 Eleanor H. Yasaitis 4 9 4 Anna P. Currin 12 At Large 18 John R. Campbell 3 f Totals 86 85 L Motion to reconsider Mrs. Zabin's motion to amend is adopted. 10:38 P.M. The Moderator stated that the question comes now on Mrs. Zabin's motion to amend. Sheila Clemon-Karp moved that the vote on Mrs. Zabin's amendment be taken by roll call. 10:38 P.M. 177 (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Article 38. Standing vote of those in favor of the roll call vote was taken as (Cont.) follows: Precinct Tellers In Favor 1 Pamela Winston 7 2 Arthur C. Smith 10 3 Jeanne K. Krieger 7 4 Susan C. Hodgkins 3 5 Edward R. DuBois 4 6 Susan S. Solomon 0 7 Marthur H. Kalil 9 8 Eleanor H. Yasaitis 2 9 Anna P. Currin At Large John R. Campbell 8 Total 54 As there were more than the required fifty members having voted in favor, the Moderator stated that the vote on the motion to amend Article 38 as presented by Mrs. Zabin would be taken by a call of the roll. 10:40 P.M. James M. McLaughlin moved the previous question which was declared lost by voice vote. 10:40 P.M. The roll call vote on the motion to amend Article 38 as presented by Mrs. Zabin was taken by the Town Clerk, Mary R. McDonough, starting at 10:52 P.M. and completed at 11:02 P.M. with the final tally completed at 11:05 P.M. , results as follows: (Final result announced by the Moderator at 11:06 P.M. ) ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. xli) Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. TOTALS 7 6 0 8 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Zr Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.) (Cont.) PRECINCT TWO (CONT.) YES NO ABSTAINED ABSENT 1 Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 11 9 0 1 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x q Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C.[I- x Ridgley, William A. x Riffin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x TOTALS 10 10 1 0 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Dailey,kkWilliam J. Jr. x Prfcker athllaaerine G. x Frick, rreuerick C. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J.[-- Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. x TOTALS 14 6 0 1 ' , (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) -_ Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.) (Cont.) PRECINCT FIVE YES NO ABSTAINED ABSENT Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 10 11 0 0 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Code, Charles J. Jr. x Downey, John F. Jr. x Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy; Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. TOTALS 8 11 0 2 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x ----- ----- ----- --- ----------- (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.) (Cont.) PRECINCT SEVEN (CONT.) YES NO ABSTAINED ABSENT Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x ; TOTALS 10 9 0 2 PRECINCT EIGHT 1 Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Hagerty, Gerald F. x Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 5 14 0 2 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 11 8 0 2 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Z (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.) (Cont.) TOWN MEETING MEMBERS AT LARGE (CONT.) YES NO ABSTAINED ABSENT Miley, Mary W. x Zehner, Louis A. x TOTALS 0 7 2 0 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 7 6 0 8 21 Precinct Two 11 9 0 1 21 Precinct Three 10 10 1 0 21 Precinct Four 14 6 0 1 21 Precinct Five 10 11 0 0 21 Precinct Six 8 11 0 2 21 Precinct Seven 10 9 0 2 21 Precinct Eight 5 14 0 2 21 Precinct Nine 11 8 0 2 21 At Large 0 72 0 9 TOTALS 86 91 3 18 198 The Moderator declared that Mrs. Zabin's motion to amend Article 38 does not prevail. 11:06 P.M. Roger G. Trudeau moved that the words trash and recyclables be deleted from this article and that the sum of $257,000 be reduced to zero. 11:07 P.M. { Voice vote on Mr. Trudeau's motion to amend was doubted by the Modera- tor, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Pamela Winston 3 2 12 Arthur C. Smith 8 , 3 6 Jeanne K. Krieger 15 4 12 Susan C. Hodgkins 4 5 15 Edward R. DuBois 3 6 2 Susan S. Solomon 13 7 11 Marthur H. Kalil 5 8 12 Eleanor H. Yasaitis 3 9 7 Anna P. Currin 7 At Large 10 John R. Campbell 10 TOTALS 97 71 Mr. Trudeau's motion to amend Article 38 is adopted. 11:22 P.M. The Moderator stated that the effect of this amendment is that it makes Article 38 a non article or a non motion. 11:22 P.M. Ephraim Weiss moved a substitute motion under Article 38 to read as follows: That the sum of $52,000 be appropriated for providing curbside collection of recyclables, and that such amount be raised by the tax levy. 11:23 P.M. --+ Fred C. Bailey served notice of reconsideration of Mr. Trudeau's motion to amend Article 38. 11:25 P.M. (See Page 484.) (Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.) Article 38. Selectman Mary W. Miley spoke in favor of Mr. Weiss's amendment but (Cont.) Selectman Alfred S. Busa said that a majority of the Board of Select- ment do not go along with the amendment for recycling. 11:28 P.M. The Appropriation Committee, according to Chairman Donald B. White, are opposed to the Weiss amendment. 11:32 P.M. John F. Downey, Jr. moved the previous question which was declared lost by voice vote. 11:33 P.M. 7--- Karsten Sorensen moved that further discussion on the Weiss amendment be postponed to next Monday night but this motion was declared lost by voice vote. 11:36 P.M. Mr. Weiss's motion to amend Article 38 declared lost by voice vote. 11:37 P.M. In response to a question by Arthur C. Smith, the Moderator stated that if the meeting were adjourned now, the next session would open on Article 38 with the two line items under Article 4 (5800 & 5850) . Margery M. Battin moved that this meeting be adjourned to Monday, May 7, 1979 at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote. 11:38 P.M. A true copy. Attest: 1 . --1)tam-K.4.4414 0 � Mary R. McDonough, Town Clerk I _ �: M ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MAY 7, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:06 P.M. in Cary Memorial Hall. There were 181 Town Meeting Members present. The invocation was offered by Rev. Polly Laughland, Minister at the Follen Church. 8:07 P.M. Fred C. Bailey moved reconsideration of the action on Roger G. Trudeau's amendment under Article 38. (See May 2, 1979 Session - Page 482) --1 8:08 P.M. Mr. Bailey showed a slide of the motion under Article 38 as it now reads with Mr. Trudeau's amendment: Motion: That the sum of zero be appropriated, in addition to the amount specified in line items 5800 and 5850, for the curbside collection and disposition of garbage and and for the collection and disposition of , and that such amounts be raised in the tax levy. Mr. Bailey's motion to reconsider Mr. Trudeau's amendment under Article 38 declared carried by voice vote. 8:12 P.M. Article 38. (See Page 482) The Moderator stated that Roger Trudeau's amendment was now before the meeting. Mr. Trudeau's motion to amend Article 38, as presented at the May 2, 1979 session of this meeting, was declared lost by voice vote. 8:12 P.M. The Moderator stated that the main motion, as presented by Mary W. Miley at the May 2, 1979 session of this meeting (See Page 476) , is now before the meeting. This motion reads as follows: (Not MOTION: That the sum of $257,000 be appropriated, in addition to adopted) the amount specified in line items 5800 and 5850, for the curbside collection and disposition of garbage and trash and for the collection and disposition of recyclables, and that such amounts be raised in the tax levy. After an explanation and showing of slides by Mr. Bailey, Donald B. White stated that the Appropriation Committee did not feel that this was a necessary program at this time and would like to see this article defeated. He added that the current tax rate is $90.20 and that at this point in the meeting with appropriations so far, that the tax rate is up to $87.70 with a possible increase to $91.00. 8:28 P.M. Mrs. Miley, reading a section of the Solid Waste Report, urged adoption of this article. 8:33 P.M. Selectmen Alfred S. Busa and James F. Crain both spoke in opposition. 8:41 P.M. In response to a question by William J. Scouler, Town Manager Robert M. Hutchinson, Jr. said that the Miller Disposal Co. said that they could pick up the trash for the whole town in three days. Whether this would allow the closing of the dump for additional days in the week, Mr. Hutchinson felt that experience would give the answer to --/ that question. 8:48 P.M. Donald J. Shaw moved the question which was declared carried by voice vote. 8:48 P.M. Voice vote on the main motion, offered by Mrs. Miley, was doubted by the Moderator so a standing vote was taken as follows: (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.) Article 38. Precinct In Favor Tellers Opposed (Cont.) 1 1 Pamela Winston 16 • 2 7 Arthur C. Smith 12 3 10 Jeanne K. Krieger 9 4 6 Susan C. Hodgkins 11 5 4 Edward R. DuBois 14 6 13 Susan S. Solomon 3 7 3 Marthur H. Kalil 12 8 3 Eleanor H. Yasaitis 12 9 7 Anna P. Currin 9 r-- At Large 9 John R. Campbell 10 1 L Totals 63 108 , Main motion presented by Mary W. Miley under Article 38 does not prevail. 8:52 P.M. Article 4 - Line Item 5800. (See Pages 393 and 476) Presented by Mary W. Miley. (As MOTION: That Line Item 5800 be amended to read that the sum of adopted) $72,000 be appropriated under Line Item 5800 and that such amount be raised in the tax levy. 8:53 P.M. Frank Sandy raised the question of giving up garbage collection and discussion followed. 9:01 P.M. (See Mrs. Miley's motion to amend declared carried by voice vote. amended 9:02 P.M. vote below) Main motion as amended declared adopted by voice vote. 9:02 P.M. 11 Article 4 - Line Item 5850. (See Pages 394 and 477) ' L---- Presented by Mary W. Miley. MOTION: That the sum of $65,290 be appropriated under line item 5850 and that such amount be raised in the tax levy. 9:03 P.M. (See next page) Robert B. Kent moved reconsideration of Line Item 5800 under Article 4. Carried by voice vote. 9:03 P.M. Article 4 - Line Item 5800. (See above) As the voice vote on this line item was not unanimous a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 17 Pamela Winston 0 2 16 Arthur C. Smith 3 [-- 3 16 Jeanne K. Krieger 1 4 12 Susan C. Hodgkins 4 5 15 Edward R. DuBois 4 6 9 Susan S. Solomon 7 7 10 Marthur H. Kalil 7 8 16 Eleanor H. Yasaitis 0 9 15 Anna P. Currin 0 At Large 18John R. Campbell 1 Totals 144 27 Main motion as amended under Article 4 Line Item 5800 adopted. 9:07 P.M. C4:' (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.) The Moderator stated that the meeting is now open on Article 4 - Line Item 5850. Article 4 - Line Item 5850. (See Page 485) (Cont. ) (Motion presented under this line item (See Page 485) (As MOTION: That the sum of $65,290 be appropriated under line item adopted) 5850 and that such amount be raised in the tax levy. Voice vote on main motion carried unanimously. 9:07 P.M. Alfred S. Busa moved that Article 4 - Line Item 5450 be placed on the table. This motion was declared lost by voice vote. 9:08 P.M. Mr. Busa said that the Selectmen wished to take up Article 24 before Article 4- Line Item 5450. 9:10 P.M. Margery M. Battin moved that Article 4 - Line Item 5450 be placed on the table. This motion was adopted by voice vote. 9:10 P.M. Alfred S. Busa moved that Article 57 be taken off the table. This motion was adopted by voice vote. 9:10 P.M. (See Page 435) Article 57. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9:13 P.M. Alfred S. Busa moved that Article 24 be taken off the table. This motion was adopted by voice vote. 9:13 P.M. �J (See Page 407) Article 24. Presented by Alfred S. Busa. MOTION: That the sum of $164,500.00 be appropriated for the pur- chase by or with the approval of the Selectmen of equipment from the Department of Public Works, and that to raise such amount $85,000.00 shall be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) and $79,500.00 be raised in the tax levy. 9:15 P.M. Mr. Busa lists the equipment needed and gives a short explanation. 9:18 P.M. Myles Nathan Barnert offered a substitute motion as follows: (As MOTION: That the sum of $84,500.00 be appropriated for the pur- adopted) chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that to raise such amount $84,500 shall be transferred from available and anticipated P.L. 92-512 as amended by P.L. 94-488 funds (General Revenue Sharing Funds) . 9:19 P.M. Mr. Busa urged defeat of the substitute motion and Donald B. White said that the Appropriation Committee supported the substitute motion. 9:24 P.M. The topic of concern was the compactor for the dump. Mr. Barnert's motion would be deleting the amount of $80,000. which is the cost of a new compactor. Mr. Busa stated that it would be necessary to spend approximately $35,000. to put the present compactor in operating condition. This compactor will be six years old in October of this year. 9:29 P.M. a (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.) Article 24. Mr. Barnert's motion to substitute is declared adopted by voice (Cont.) vote. 9:30 P.M. The Moderator states that Mr. Barnert's substitute motion is now the a main motion. Mr. Barnert's motion, which is now the main motion, was adopted unanimously. 9:37 P.M. Alfred S. Busa moved that Article 4 - Line Item 5450 be taken off the table. Carried Unanimously. 9:37 P.M. (See Pages 393 and 486) Article 4 - Line Item 5450. Alfred S. Busa moved that: Line Item 5450 be amended to read the sum of $159,500 and such amount be raised on the tax levy. 9:38 P.M. Daniel L. McCabe served notice of reconsideration of Article 24. 9:47 P.M. Article 4 - Line Item 5450. (Cont.) Mr. Busa's motion to amend declared lost by voice vote. 9:48 P.M. Alfred S. Busa moved that: (As Line Item 5450 be amended to read the sum of $149,500 and such adopted) amount be raised on the tax levy. 9:52 P.M. After general discussion, Mr. Busa's motion to amend was declared adopted by voice vote. 9:58 P.M. Amended motion, which is now the main motion, was declared adopted unanimously. 9:58 P.M. Article 61. Presented by Mary W. Miley. MOTION: That the Selectmen be and they hereby are authorized to (Not convey the Parker School property on Bedford Street, consisting of adopted. the building and approximately 3.5 acres of land, more or less, to See Urban Design Team for a minimum price of $100,000.00, such property Page to be used for condominiums, seven of which shall be donated to the 493) Town of Lexington, in accordance with the site plan presented to and which is hereby approved by this Town Meeting, and on such other terms as the Selectmen shall determine. 10 P.M. Eric T. Clarke and Elizabeth H. Clarke filed written notice with the Town Clerk that they would abstain from voting on this article. Donald J. Shaw served notice of reconsideration of Article 4 - Line Item 5450. 10 P.M. Article 61. At the request of Mrs. Miley, Peter M. Conant, President, Urban Design (Cont.) Team, Inc. , the developer, was recognized for the first and second ten minutes at 10:02 P.M. Mr. Conant showed slides and gave an explanation of the project. 10:16 P.M. :. - (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.) Article 61. Albert P. Zabin, Chairman of the Planning Board, filed the Planning (Cont.) Board Report covering Article 61 unanimously supporting the article. 10:17 P.M. Martin L. Hagerty, Town Meeting Member from Precinct 7 and an abutter of the Parker School, speaks for the abutters against the second cut or road onto Bedford Street. He urged defeat of this motion if the road is not changed. This concern was voiced by others, namely: Joseph Flaherty, speaking from the balcony, who lives directly across from the proposed road and Member Jack Sarmanian who lives north of the school property. 10:45 P.M. 7-1 John R. Campbell moved that article be indefinitely postponed. 10:50 P.M. Mrs. Miley said that the EDCO GROUP, the tenants in the school at this time, will be there through the summer but, depending on funds, do not know what will happen after the summer. If they leave, the building would then be vacant and this is a cause for concern. 10:52 P.M. Selectman James F. Crain said that there is no guarantee of the future use of the school and speaks against indefinite postponement. 10:54 P.M. In response to a question by George A. Burnell, Mrs. Miley said that the appraisal figure of the property is $100,000. 10:58 P.M. Mr. Campbell's motion for indefinite postponement of Article 61 was declared lost by voice vote. 11 P.M. Charles E. Connolly moved that the article be referred to the Board of Selectmen and Planning Board to be reported back at a subsequent session of this Annual Town Meeting. 11:14 P.M. Anthony L. Mancini moved that the article be referred to the Board of Selectmen and the Planning Board to be reported back at a sub- sequent Town Meeting. 11:18 P.M. Joseph F. Gilbert, Jr. moved the previous question. 11:19 P.M. informed The Moderator/the meeting that if the previous question is adopted, the order of voting would be as follows: 1. The amendment to the amendment. 2. The amendment. 3. The main motion. Mr. Gilbert's motion for the previous question was declared carried by voice vote. 11:20 P.M. Mr. Mancini's motion to amend was declared lost by voice vote. 11:22 P.M. Mr. Connolly's motion to amend was declared lost by voice vote. 11:22 P.M. In response to a question by Arthur C. Smith, the Moderator stated that a two-thirds vote was needed on this article. Standing vote taken as follows: (Norman N. Connolly abstained from voting) Precinct In Favor Tellers Opposed l 1 6 Pamela Winston 6 2 8 Arthur C. Smith 9 --f 3 17 Jeanne K. Krieger 3 4 11 Susan C. Hodgkins 4 5 10 Edward R. DuBois 8 6 13 Susan S. Solomon 3 7 12 Marthur H. Kalil 4 8 4 Eleanor H. Yasaitis 10 9 11 Anna P. Currin 4 At Large 11 John R. Campbell 7 Totals 103 58 Less than the required two-thirds having voted in favor, the main motion as presented by Mrs. Miley is not adopted. 11:27 P.M. (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.) __ ` l Mary W. Miley served notice of reconsideration of Article 61. 11:27 P.M. (See Pages 492 and 493) Margery M. Battin moved that this meeting be adjourned to Wednesday, May 9, 1979 at 8 P.M. in Cary Memorial Hall. This motion adopted by voice vote. 11:30 P.M. A true copy. Attest: .27k/7 If 7i cip-tiAtu,c/ Mary R. McDonough, Town Clerk qfj ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MAY 9, 1979 The meeting was called to order by the Moderator Lincoln P. Cole, Jr. at 8:05 P.M. in Cary Memorial Hall. There were 179 Town Meeting Members present. Invocation offered by Rev. Theodore M. Atkinson, Associate Minister of the Hancock United Church of Christ. 8:07 P.M. The following proclamation was read by Otis S. Brown, Jr. , Chairman of the School Committee: —� PROCLAMATION: Dated May 9, 1978. WHEREAS: Robin Jacobsohn and Susan Kolodkin won the 1979 State Championship of the Massachusetts Forensic League; and WHEREAS: The Lexington High School Debate Team won the Massachusetts Forensic League competition for the second consecutive year. WHEREAS: Ray W. Karras coached these students; RESOLVED: That by their remarkable success have exemplified values and aims that rank high in the public schools and the public life of Lexington: reason, persuasion, dialogue, and intellectual vigor. RESOLVED FURTHER: That these accomplishments and these contributions are of such merit and significance as to warrant permanent recognition in the records of the Lexington Public Schools and the records of the 1979 Annual Town Meeting. Lexington School Committee by: Otis S. Brown, Jr. Chm. , Lexington School Committee 8:08 P.M. li] William J. Dailey, Jr. moved that Article 78 be taken up at this time. This motion carried unanimously. 8:09 P.M. Article 78. The Moderator informed the meeting that he understood that the presentations both for and against the proposal under Article 78 would take approximately twenty minutes each, so, at this time, the Moderator stated that he would recognize both sides for the second ten minutes. Presented by William J. Dailey, Jr. MOTION: That the zoning by-law of the Town of Lexington be amended (Adopted. by adding a new subsection 22.64. See Pages RD - Multi-family dwelling district as follows: 499 - 505) Described as follows: • A certain parcel of land on the Southerly side of Concord Avenue and the Easterly side of Walnut Street, in Lexington, Middlesex County, Massachusetts, bounded and described as follows: 1 NORTHEASTERLY by Concord Avenue, one hundred sixty-five (165) feet; SOUTHEASTERLY by land now or formerly of Commonwealth of Massachusetts and Middlesex County, one thousand four hundred fifty- five (1455) feet; SOUTHWESTERLY by land now or formerly of Middlesex County, three hundred eighty-five (385) feet; SOUTHEASTERLY by land now or formerly of Middlesex County, one hundred ninety (190) feet; SOUTHWESTERLY by land now or formerly of Middlesex County, six hundred fifteen (615) feet; WESTERLY by Walnut Street, eight hundred eighty-five (885) feet; NORTHERLY by land of owners unknown, six hundred fifty (650) feet; (Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.) Article 78. WESTERLY by land now or formerly of owners unknown, eighty (80) (Cont.) feet; NORTHERLY by land of owners unknown, three hundred forty (340) feet; NORTHWESTERLY and NORTHEASTERLY by land of owners unknown, two hundred thirty-two (232) feet, and five hundred forty-five (545) feet; NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one hundred twenty-five (125) feet; NORTHEASTERLY by Concord Avenue, forty (40) feet; SOUTHEASTERLY by land now or formerly of Walnut Farm Trust, one ® hundred twenty-five (125) feet; NORTHEASTERLY by land now or formerly of Walnut Farm Trust, two hundred fifty (250) feet; NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one hundred twenty-five (125) feet, 1 be all of said measurements more or less. 8:12 P.M. At the request of Mr. Dailey, F. William Smith, a resident of Lexing- ton and the proponent, was recognized and he made his presentation. Mr. Smith informed the meeting that in accordance with a "Memorandum of Understanding" that he had filed with the Town Clerk, that he had agreed to grant an option to the Lexington Housing Authority for the sale of not less than 12 (or 10%, whichever is larger) of the units approved by the 1979 Town Meeting for Potters Pond. This development is to consist of 113 units. 8:31 P.M. Albert P. Zabin filed the Report of the Planning Board, signed by three members, supporting Article 78. 8:33 P.M. James P. Reilly, with the aid of his wife Marian C. Reilly showing slides, made a presentation in opposition to Article 78. In his opinion, there would be far less impact on the neighborhood with single family homes. He was concerned about the traffic impact on the intersections and of the long term effect on the neighborhood. 8:52 P.M. Mary E. Shunney, Chairman of the Lexington Housing Authority, said that the Authority had met with MADC. At the moment they do not have a commitment but hope that they will have one. They believe what Mr. Smith has written in his letter and feel that he will follow through and do what he says. The Lexington Housing Authority unanimously supports this article. 8:54 P.M. Paul V. Rif fin felt that there are too many condominium developments in Precinct Three and can see no redeeming feature in this proposal. 8:57 P.M. Albert P. Zabin stated that he felt that this was an excellent design for the town although there could be a question of the density. He added that single family units do not pay their own way whereas multi- units do. There should be no long term adverse effect on the neighbor- hood from a well designed multi-unit development. 9:07 P.M. Planning Board Member Frank Sandy spoke in opposition. 9:15 P.M. Although Francis W. K. Smith believed that condominiums made the best use of the land and had praise for the developer for considering the wetlands among other things, he said that he could not support this article. If there were to be 90 units instead of the 113, he would feel differently. 9:20 P.M. J. Keith Butters had calls from two neighbors who were long time resi- dents and were reaching retirement age. They wanted him to support this article as they planned to sell their homes and were very interested in this development for a possible future purchase. 9:23 P.M. Jeanne K. Krieger moved that Article 78 be referred to the Planning Board to be reported on at next year's town meeting. 9:26 P.M. 0 (Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.) Article 78. Albert P. Zabin said that the Planning Board had just taken a poll (Cont.) on Mrs. Krieger's motion with the following results: 3 in favor, 1 opposed and 1 with no opinion. 9:30 P.M. Mrs. Krieger's motion to refer declared lost by voice vote. 9:36 P.M. In response to a question by Susan S. Beck, Mr. Smith said the prices of the units for the Lexington Housing Authority would be $40,000 for a one-bedroom unit, $45,000 for a two-bedroom unit, or $53,725 for a three-bedroom unit. These prices may be adjusted by an inflationary factor as determined by HUD. The balance of the units would be sold , at fair market value. 9:39 P.M. A standing vote on the main motion was taken as follows: Precinct In Favor Tellers Opposed 1 15 Pamela Winston 1 2 15 Arthur C. Smith 3 3 7 Jeanne K. Krieger 13 4 11 Ruth S. Thomas 5 5 10 Edward R. DuBois 10 6 11 Susan S. Solomon 6 7 9 Marthur H. Kalil 7 8 9 Eleanor H. Yasaitis 6 9 9 Donald J. Shaw 6 At Large 17 John R. Campbell 4 Totals 113 61 Less than the required two-thirds having voted in favor, the main motion as presented by Mr. Dailey does not prevail. 9:44 P.M. Mary W. Miley moved reconsideration of Article 61. 9:44 P.M. Albert P. Zabin informed the meeting that the Planning Board met with the Board of Selectmen and the developer Peter Conant and in view of some answers that came of this meeting that it would be favorable for the meeting to have Article 61 reconsidered. 9:46 P.M. Voice vote on the motion to reconsider Article 61 was declared adopted, but the vote was doubted by more than twenty members so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 7 Pamela Winston 1 2 9 Arthur C. Smith 6 3 11 Marie E. Roberts 1 4 9 Ruth S. Thomas 4 5 14 Edward R. DuBois 5 6 15 Susan S. Solomon 1 7 8 Marthur H. Kalil 8 8 6 Eleanor H. Yasaitis 7 9 10 Donald J. .Shaw 5 At Large 12 John R. Campbell 2 Totals 101 40 Motion to reconsider Article 61 was adopted. 9:50 P.M. William J. Dailey served notice of reconsideration of Article 78. 9:50 P.M. (See Pages 499 - 505) Article 61. (See Page 487 for motion as presented at the May 7, 1979 meeting.) Robert B. Kent stated that the Board of Selectmen and the Planning Board are unanimously in favor as to the location of the road as designed. The Selectmen unanimously feel that this concept is (Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.) Article 61. basicly sound and if any problems arise they are not obliged to go (Cont.) forward. 10:10 P.M. Albert P. Zabin reiterated the fact that the Planning Board favored this article. 10:12 P.M. George A. Burnell moved that all units constructed on the second floor shall be limited to that floor and no portion of the area be- , tween the ceiling of that floor and the roof shall be utilized for living area. 10:15 P.M. Martin L. Hagerty, an abutter to the property, supported the motion of Mr. Burnell. 10:18 P.M. Mr. Burnell's motion to amend was declared lost by voice vote. 10:28 P.M. Richard A. Michelson spoke in opposition to the sale of the school as he felt that the school population will be going up. According to Mr. Michelson there are other uses for the building but he realized that they had been rejected by the neighborhood. 10:31 P.M. Urging defeat of the main motion, John R. Campbell said that the present tenant, EDCO, is delighted with the property and wants to stay there. In answer to this statement, the Town Manager, Robert M. Hutchinson, Jr, said that Mr. Campbell was incorrect and that there was no guarantee that EDCO would or could stay. 10:42 P.M. James J. Scanlon moved the previous question. 10:48 P.M. Martin L. Hagerty asked that when the vote was taken on the main motion that it be taken by a call of the roll. 10:48 P.M. Previous question was declared carried by voice vote. 10:50 P.M. Mr. Hagerty repeated his request that the vote on the main motion be taken by a call of the roll. 10:50 P.M. The Moderator asked for a standing vote for all those in favor of a roll call vote with results as follows: Precinct Tellers Opposed 1 Pamela Winston 2 2 Arthur C. Smith 0 3 Marie E. Roberts 4 4 Ruth S. Thomas 2 5 Edward R. DuBois 2 6 Susan S. Solomon 3 7 Marthur H. Kalil 8 8 Eleanor H. Yasaitis 1 9 Donald J. Shaw 1 At Large William J. Dailey, Jr. 1 Total 24 Less than the required fifty members in favor of a roll call vote it will not be in order to have the call of the roll. 10:52 P.M. ® Standing vote on Mrs. Miley's motion (see page 487) as follows: Precinct In Favor Tellers Opposed 1 6 Pamela Winston 8 2 2 Arthur C. Smith 12 3 10 Marie E. Roberts 10 4 11 Ruth S. Thomas 5 5 14 Edward R. DuBois 6 6 12 Susan S. Solomon 4 7 5 Marthur H. Kalil 13 8 7 Eleanor H. Yasaitis 9 9 11 Donald J. Shaw 5 At Large 13 William J. Dailey, Jr. 5 Totals 91 77 Less than required 2/3 in favor, the main motion not adopted. 10:55 P.M. C41 (Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.) Margery M. Battin informed the meeting that as of this evening she was retiring as the Chairman of the Board of Selectmen after having served in that capacity for two years. She thanked everyone for all of the assistance she had received during this period and said that the Board would reorganize after this session of the town meeting adjourned whereupon she was given a standing ovation. 10:57 P.M. Mrs. Battin then moved that this meeting be adjourned to Monday, May 14, 1979 at 8 P.M. in Cary Memorial Hall. Motion to adjourn was declared carried by voice vote. 10:58 P.M. A true copy. Attest: t -M/ c4m4441/4 Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING HELD MAY 14, 1979 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P.M. in Cary Memorial Hall. There were 184 Town Meeting Members present. Invocation offered by Rev. John P. Streit, Jr. , Assistant Minister at the Church of Our Redeemer. 8:10 P.M. Robert B. Kent moved that Article 33 be taken from the table. This motion was declared carried unanimously. 8:10 P.M. (See Page 408) Article 33. Presented by Robert B. Kent. MOTION: That the sum of $179,000.00 be appropriated, in addition to money previously appropriated, for a revaluation of all taxable property in the Town, and that such amount be raised in the tax levy. 8:10 P.M. In his explanation of this article, Mr. Kent said that the town had last been revalued in 1962. For the upcoming revaluation the following amounts have already been appropriated: $30,000. in 1975; $15,000. in 1976; $1,000. in 1977 and $15,000. in 1978. 1981 is the deadline for the revaluation as mandated by the State so further partial funding would not be appropriate at this time. He added that the Board of Selectmen unanimously supported this article. 8:14 P.M. George S. Silverman stated that the Appropropriation Committee unanimously supported the motion as presented by Mr. Kent. 8:14 P.M. Mr. Kent's motion was declared carried unanimously. 8:15 P.M. Albert P. Zabin moved reconsideration of Article 64. 8:15 P.M. Mr. Zabin said that the Planning Board had received a letter from the Lexing- ton Housing Authority supporting accessory apartments. If his motion to reconsider Article 64 is adopted, he said that he would move to amend the article and all the difficulties that were in the earlier article should be taken care of. 8:18 P.M. Motion to reconsider Article 64 declared carried by voice vote. 8:18 P.M. Article 64. (See Page 449.) Albert P. Zabin offered the following amendment: Section 42.1 (a) is amended by striking the first sentence thereof, and substituting therefor "No exterior alterations may be made to the original single-family dwelling unless necessary to comply with any law or regulation". Section 42.1 (b) is hereby amended by striking it and substituting therefor the following: "The SPGA shall not issue a permit under this Section for any building which, on the date of the application, is not at least 25 years old, or to which an addition has been built within five years of the date of application, and which increased the floor area of the original building by more than 10%. The total floor area of an accessory apartment shall not exceed 35% of the total floor area of the building in which it is located." Article 64 is further amended by striking therefrom Section 42.1 (d) , and substituting therefor: "No permit for an accessory apartment shall be granted for any building which has less than 2,200 square feet of floor area. It shall be a condition of each special permit granted hereunder that the accessory apartment comply with the Health and Building Codes of the Commonwealth in effect on the date of the issuance of the Building Permit." 8:20 P.M. (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 64. Mr. Zabin's motion to amend Article 64 declared carried by voice vote. (Cont.) 8:28 P.M. The Moderator stated that the main motion as amended was now before the meeting. Main motion as amended by Mrs. Nichols and Mr. Wadsworth (See Page 449) and by Mr. Zabin (See Page 495) now reads: MOTION: To amend the Zoning By-Law of the Town by 1. Adding in Section 1 the following paragraph immediately pre- ceding the definition "ACCESSORY USE OR BUILDING": ACCESSORY APARTMENT An accessory apartment is a dwelling unit of one or more rooms with separate kitchen and bathroom facilities, designed for the occupancy of a separate household, in a home originally constructed as a single family housing unit in or before 1930. 2. Amending Subsection 25.1.6 by striking the words "Dwelling con- version to two family" and substituting therefor "Accessory apart- ments (see Section 42) " and by inserting the designation "SP" in each column. 3. Inserting a new Section 42 as follows: Section 42. Accessory apartments. This Section of the Zoning By-Law is based upon the recognition that there is a need (a) to allow owners to afford to stay in their homes; (b) to diversify, as to cost, the rental units available within the Town of Lexington. 42.1 Application and approval process. Subject to the provi- sions of Sections 13.1 and 13.2, the SPGA may grant a special permit for the opening of one accessory apartment in a single- family dwelling, at any place in the Town of Lexington, on a lot of not less than 10,000 square feet, subject to the following conditions and requirements: (a) No exterior alterations may be made to the original single- family dwelling unless necessary to comply with any law or regulation. Such alteration shall not alter the single-family appearance and character of such dwelling. (b) The SPGA shall not issue a permit under this Section for any building which, on the date of the application, is not at least 25 years old, or to which an addition has been built within five years of the date of application, and which increased the floor area of the original building by more than 10%. The total floor area of an accessory apartment shall not exceed 35% of the total floor area of the building in which it is located. (c) The accessory apartment shall not exceed 30% of the gross floor area of the single family dwelling, exclusive of any garage, shed or similar structure of accessory use attached to the single family dwelling. Floor plans of the original building and the proposed accessory apartment, with a site plan showing the location of the original single-family dwelling as well as the proposed parking on the lot, shall be filed with the SPGA. The SPGA shall forthwith deliver copies to the Fire Department and Building Commissioner, and to those Boards, Commissions, r� and Departments specified in Section 13.1.2 of this By-Law. In addition to the requirements of Section 13.2.3 of this By-Law, .---f the SPGA shall not make its finding and determination until the Building Commissioner, Fire Department and other Town Boards, Commissions and departments submit their reports thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan. (d) No permit for an accessory apartment shall be granted for any building which has less than 2,200 square feet of floor area. It shall be a condition of each special permit granted hereunder that the accessory apartment comply with the Health and Building Codes of the Commonwealth in effect on the date of the issuance of the Building Permit. (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 64. (e) No boarders or roomers shall be taken by either the landlord (Cont.) or tenant without specific, prior approval of the SPGA. 42.2 Any special permit issued by the SPGA hereunder shall be conditioned upon the owner of the dwelling, in which any accessory apartment is permitted, residing in the dwelling except for temporary absences as approved by the SPGA. 42.3 Any special permit issued under this section shall be con- ditioned upon the provision of not less than one off-street parking space for each apartment. 42.4 Special permits granted under this section may be subject to a time limitation. Voice vote on the main motion as amended was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Pamela Winston 14 2 12 Arthur C. Smith 5 3 8 Jeanne K. Krieger 9 4 9 Susan C. Hodgkins 5 5 8 Edward R. DuBois 10 6 10 Susan S. Solomon 4 7 11 Marthur H. Kalil 5 8 5 Eleanor H. Yasaitis 11 9 8 Anna P. Currin 6 At Large 13 John R. Campbell 5 Totals 89 74 Less than the required two-thirds having voted in favor, the main motion as amended under Article 64 was not adopted. 8:30 P.M. Manfred P. Friedman moved that Article 69 be taken up at this time which was declared carried by voice vote. 8:30 P.M. Article 69. Presented by Manfred P. Friedman. MOTION: That the General By-Laws and Zoning By-Law of the Town be amended as set forth in this article. 8:31 P.M. (Article 69 as set forth in the article: DEFINITIONS To see if the Town will vote to strike Section 27 of Article XXV of the General By-Laws and to amend Section 1 of the Zoning By-Law by: 1. Striking the definition ACCESSORY USE OR BUILDING and replacing it with the following definitions: ACCESSORY STRUCTURE: A structure, the use of which is incidental and subordinate to that of the principal building, and which is located on the same lot as the principal building. ACCESSORY USE: A use incidental and subordinate to the principal use of a building, and located on the same lot as the principal building. ACCESSORY USES TO PERMITTED SCIENTIFIC RESEARCH, SCIENTIFIC DEVELOPMENT, OR RELATED PRODUCTION: A use incidental to a permitted principal use of scientific research, scientific development, or related production, whether or not on the same lot as the principal use. 2. Striking the definition CAMPING VEHICLES 3. Striking line c. in the DWELLING CONVERSION definition and re- placing it with "No major exterior changes are made, except such as may be required for safety by the Laws of the Commonwealth." (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 69. 4. Striking the definition JUNKYARD and replacing it with the (Cont.) following: JUNKYARD: A parcel of land used for outdoor storage of two or more unregistered motor vehicles, except as provided in Sub- section 25.5.4, or an accumulation in the open of discarded items not used or intended to be used by the owner or occupant of the property." or act in any other manner in relation thereto.) Mr. Friedman filed the Report of the Planning Board covering Article 69 which unanimously supports this Article. 8:31 P.M. Mr. Friedman gives an explantion of the article and reads the definitions and said that the Board of Appeals had no objections to the changes. 8:37 P.M. William T. Spencer moved to amend the motion but his amendment was ruled out of order by the Moderator as it went beyond the scope of the article. 8:39 P.M. In response to a question by William J. Dailey, Jr. , Mr. Friedman said that the Carroll Farm would have to come to town meeting for a rezoning request when their special permit expired. This caused some controversy but Mr. Friedman felt that once the Carroll's obtained the zoning change that they would be protected for the future as the special permit could be denied at any time. 8:44 P.M. Alan B. Wilson moved that this article be indefinitely postponed. 8:47 P.M. It was felt by Patricia K. Hagedorn and Eric T. Clarke that this change in the definition. of JUNKYARDS was spot zoning in reverse and Otis S. Brown, Jr. said that the zoning change should come first. 8:49 P.M. Richard A. Michelson moved the previous question. This motion was voted on by voice vote, which was declared carried but the decision was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 19 Pamela Winston 1 2 11 Arthur C. Smith 5 3 5 Jeanne K. Krieger 13 4 9 Susan C. Hodgkins 4 5 13 Edward R. DuBois 6 6 3 Susan S. Solomon 12 7 2 Marthur H. Kalil 14 8 13 Eleanor H. Yasaitis 4 9 8 Anna P. Currin 7 At Large 8 John R. Campbell 8 Totals 91 74 Motion for previous question prevailed. 8:55 P.M. JVoice vote on Mr. Wilson's motion to indefinitely postponeArticle 69 was doubted by the Moderator so a standing vote was � taken as follows: Precinct In Favor Tellers Opposed 1 18 Bernice Manning 2 2 15 Arthur C. Smith 2 3 9 Jeanne K. Krieger 6 4 5 Susan C. Hodgkins 10 5 12 Edward R. DuBois 7 6 2 Susan S. Solomon 13 7 4 Marthur H. Kalil 13 (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979_) Article 69. (Standing vote on motion to indefinitely postpone (Cont.) (Cont.) Precinct In Favor Tellers Opposed 8 13 Eleanor H. Yasaitis 4 9 8 Anna P. Currin 10 At Large 7 John R. Campbell 10 Totals 93 77 Motion to indefinitely postpone Article 69 is adopted. 9 P.M. Article 62. Jack Sarmanian moved that this article be indefinitely postponed. Carried Unanimously. 9:01 P.M. William J. Dailey moved reconsideration of Article 78. 9:01 P.M. Mr. Dailey said that he had planned to move reconsideration on Wednesday, May 16, 1979 in consideration of the death of James P. Reilly's (an opponent to Article 78) father and in the absence of Mr. Reilly but that, at this point, it looked as if the 1979 Annual Town Meeting would be dissolved this evening. He then asked that the proponent, F. William Smith be recognized. 9:02 P.M. Mr. Smith, being recognized once :andthen. for a second five minutes, said that the density of this development had been reduced from 113 to 100 units and this statement had been filed today with the Town Clerk. 9:14 P.M. Francis W. K. Smith, who had voted against Article 78 at the May 9, 1979 session of this meeting now is in favor of reconsideration and of the main motion and feels that this is the best use of this land. 9:15 P.M. According to Manfred P. Friedman, the Planning Board supported the motion to reconsider Article 78. 9:30 P.M. Motion to reconsider Article 78 was declared carried by voice vote. 9:31 P.M. Article 78. (See Pages 490 - 492) The Moderator stated that the main question as presented by William J. Dailey, Jr. at the May 9, 1979 session of this meeting was now before the meeting. This motion reads as follows: (As MOTION: That the Zoning By-Law of the Town of Lexington be amended adopted) by adding a new subsection 22.64. RD - Multi-family dwelling district as follows: (Approved Described as follows: by Atty. General, A certain parcel of land on the Southerly side of Concord Avenue and Aug. 16, the Easterly side of Walnut Street, in Lexington, Middlesex County, 1979. Massachusetts, bounded and described as follows: Posted in Town NORTHEASTERLY by Concord Avenue, one hundred sixty-five (165) feet; Office SOUTHEASTERLY by land now or formerly of Commonwealth of Massachu- Building setts and Middlesex County, one thousand four hundred & nine fifty-five (1455) feet; r-" precincts SOUTHWESTERLY by land now or formerly of Middlesex County, three on Sept. hundred eighty-five (385) feet; 13, 1979.) SOUTHEASTERLY by land now or formerly of Middlesex County, one hundred ninety (190) feet; SOUTHWESTERLY by land now or formerly of Middlesex County, six hundred fifteen (615) feet; WESTERLY by Walnut Street, eight hundred eighty-five (885) feet; NORTHERLY by land of owners unknown, six hundred fifty (650) feet; WESTERLY by land now or formerly of owners unknown, eighty (80) feet; NORTHERLY by land of owners unknown, three hundred forty (340) feet; NORTHWESTERLY and NORTHEASTERLY by land of owners unknown, two hundred thirty-two (232) feet, and five hundred forty-five (545) feet; ;), (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one (Cont.) hundred twenty-five (125) feet; NORTHEASTERLY by Concord Avenue, forty (40) feet; SOUTHEASTERLY by land now or formerly of Walnut Farm Trust, one hundred twenty-five (125) feet; NORTHEASTERLY by land now or formerly of Walnut Farm Trust, two hundred fifty (250) feet; NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one hundred twenty-five (125) feet, be all of said measurements more or less. (Planning Board Report filed May 9, 1979 - See Page 491) Albert P. Zabin moved to postpone this article until Wednesday night, May 16, 1979, in fairness to the Reilly family but this motion was declared lost by voice vote. 9:33 P.M. At the request of Arthur C. Smith, the Moderator read the "Memo- randum of Understanding" as filed in the office of the Town Clerk on May 14, 1979 at 2:12 P.M. : MEMORANDUM OF UNDERSTANDING We hereby state and agree that, should Article 78 prevail, the number of units constructed will not exceed One Hundred (100) , Ten (10%) of which will be available to the Housing Authority as provided for in the Memorandum of Understanding on file with the Office of Town Clerk. The deletion of Thirteen (13) units from the plan presented Town Meeting would be done prior to any submission being made to the Board of Appeal for Site Plan Approval, and would be accomplished as follows: - The Conservation Commission will advise the Planning Board which units they prefer deleted for reasons of soil structure and open space or environmental considerations. - The Developer and Planning Board will give preference to such units and, in addition, shall mutually agree on any additional units to be deleted. The Developer further agrees to substantially maintain the existing housing mix. DATE: May 12, 1979 /Signed/ F. William Smith /Signed/ Paul W. Boyd 9:35 P.M. According to Manfred P. Friedman, the Planning Director had, during the past weekend, researched the prices of houses in Lexington as follows: Powers Court - $130,000 to $180,000; Bicentennial Farms - $126,000 to $135,000; Minute Man Ridge - $143,000; Saddle Club Road - $200,000; and Marrett Road (half way between Mass. Avenue and Wal- tham Street) over $200,000. 9:38 P.M. Jeanne K. Krieger, a member from Minute Man Highlands, spoke of the concern that the residents of the area had regarding traffic. She asked that Michael Chicarelli and Earle Thompson, residents of Chad- bourne Road, be recognized and they both spoke in opposition. 9:46 P.M. Mary E. Shunney, Chairman of the Lexington Housing Authority, believed that condominiums would be the best use of the land and urged support. 9:50 P.M. John J. McWeeney moved the previous question which was declared carried by voice vote. 9:56 P.M. Joseph F. Gilbert, Jr. asked that a roll call vote be taken on the main motion. 9:56 P.M. (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. The Moderator asked for a standing vote of those in favor of a roll (Cont.) call vote, with results as follows: Precinct Tellers In Favor 1 Pamela Winston 19 2 Arthur C. Smith 9 3 Jeanne K. Krieger 6 4 Susan C. Hodgkins 0 5 Edward R. DuBois 6 6 Susan S. Solomon 2 7 Marthur H. Kalil 8 [II8 Eleanor H. Yasaitis 1 9 Anna P. Currin 8 At Large John R. Campbell 11 Total 70 Roll call vote on the main motion is in order. 10:01 P.M. The roll call vote on the main motion under Article 78, as offered by William J. Dailey, Jr. , was taken by the Town Clerk, Mary R. McDonough, starting at 10:02 P.M. and completed at 10:12 P.M. , final tally completed at 10:15 P.M. with the results as follows: (Final results announced by the Moderator at 10:15 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Bellino, Vito M. x Busa, William A. x Cataldo, James x Nff Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon-Karp, Sheila x Doran, Stephen W. x Hagedorn, Patricia K. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Stone, Pamela Mary x Tassone, Sheila Busa x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 20 1 0 0 PRECINCT TWO Abelmann, Nancy x Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x l®' Clarke, Eric. T. x Connolly, Norman N. x L Dooks, Karen A. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Brien, Edward x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wilson, Alan B. x r- -Nr) (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.) (Cont.) PRECINCT TWO (CONT.) YES NO ABSTAINED ABSENT Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 20 0 0 1 PRECINCT THREE Bowyer, Robert A. x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x Rif fin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. _ x TOTALS 9 10 0 2 PRECINCT FOUR Abegg, Gerald L. xli] Arlan, Esther S. x Barnert, Nyles Nathan x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x Hodgkins, Susan C. x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Sidney K. TOTALS 17 2 0 2 PRECINCT FIVE Altman, Barry x Brown, Otis S. Jr. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.) (Cont.) PRECINCT FIVE (CONT.) YES NO ABSTAINED ABSENT Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Roberts, Warren x Shaughnessy, Madeline A. x Taylor, Lloyd D. x Weinstock, Jolley Anne x Weiss, Ephraim x Williams, David G. x TOTALS 18 2 0 1 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Beck, Susan S. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Code, Charles J. Jr. x Downey, John F. Jr. x Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x Moore, H. Bigelow x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 14 4 0 3 PRECINCT SEVEN Bond, Robert E. x Burnell, George A. x Campbell, John R. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x LeClair, David V. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Trudeau, Roger G. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x TOTALS 16 3 0 2 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Carlson, John E. x Connolly, Charles E. x Fitzgerald, William P. x - (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.) (Cont.) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Garing, Ione D. x Hagerty, Gerald F. x Mancini, Anthony L. x McLaughlin, James M. x Michelson, Richard A. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 20 0 0 1 PRECINCT NINE Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Hinkle, Alice M. x Johnson, Stephen K. x Larssen, Iris E. x " Mazerall, Paul E. x Perry, Richard M. x �. Politi, Stephen Michael x Porter, Clifford B. x Power, Daniel E. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy TOTALS 20 1 0 0 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x TOTALS 4 2 1 2 FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS Precinct One 20 1 0 0 21 Precinct Two 20 0 0 1 21 Precinct Three 9 10 0 2 21 Precinct Four 17 2 0 2 21 Precinct Five 18 2 0 1 21 Precinct Six 14 4 0 3 21 Precinct Seven 16 3 0 2 21 Precinct Eight 20 0 0 1 21 (Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.) Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.) (Cont.) FINAL RESULTS (CONT.) YES NO ABSTAINED ABSENT TOTALS Precinct Nine 20 1 0 0 21 At Large 4 2 1 2 9 TOTALS 158 25 1 14 198 Main motion as presented by William J. Dailey, Jr. under Article 78 declared adopted. 10:15 P.M. Article 79. Manfred P. Friedman moved that this article be indefinitely postponed. 10:15 P.M. Mr. Friedman filed the Planning Board Report covering Article 79. 10:15 P.M. Motion to indefinitely postpone Article 79 declared carried unanimously. 10:16 P.M. Louis A. Zehner moved that $275,000. be appropriated under line item 8525 in Article 4 for Bond and Tax Anticipatioi and that such amount be raised in the tax levy. (See Page 402) 10:16 P.M. Mr. Zehner's motion under Article 4 - line item 8525 declared carried unanimously. 10:22 P.M. Margery M. Battin moved that Article 47 be taken from the table which was carried unanimously. 10:22 P.M. (See Page 411) Article 47. Presented by Margery M. Battin. MOTION: That the sum of $750,000.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1979, and that such amount be transferred from the Excess and Deficiency Account; that the amount of $305,188 and any additional amount be retained and not used as a continuing appropriation for the purpose of reducing the property tax levy; that all appropriations voted at this meeting be confirmed and that the Assessors be authorized to use this authority in fixing the tax rate for the fiscal year beginning July 1, 1979. Carried Unanimously. 10:25 P.M. Mary W. Miley, Chairman of the Board of Selectmen, moved that this meeting be dissolved. This motion was carried unanimously and the meeting was dissolved. 10:27 P.M. A true copy. r`" Attest: 72/14A41, Mary R. McDonough, Town Clerk (Warrant for Special Referendum - See Warrant File) SPECIAL REFERENDUM - JUNE 12, 1979 (ARTICLE 40 Adopted at April 2, 1979 Town Meeting - Center Pool Complex) In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, June 12, 1979 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Lorraine C. Baron D Margaret M. Potter Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Ann M. Pace R Josephine S. Siders Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Bruce S. Gordon D Marguerite A. Cronin Inspector R Robert P. Trask, Jr. R Winifred F. Hubbard Inspector D Mary Gail Faulkingham D Mary E. Buckley Inspector R Blanche T. Johnson Precinct Five Precinct Six ^� D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Josephine M. Luther Inspector D Alice A. Coletta D Anne C. Williamson Inspector R Harold W. Josephson R Winifred E. Ivester Inspector D Hilda D. Glaubman Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Irene Norcross Clerk D Rita E. Kiley D Evelyn T. Lawson Inspector R Margaret S. Wilson R Sally J. Burgess Inspector D Phyllis C. Bradford D Catherine R. Sullivan Inspector R Barbara M. Collins Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Mary N. Ayvazian Inspector R Caroline F. Deloury Inspector D Catherine F. Hooper Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. (Special Referendum - June 12, 1979.) y _„ The total number of registered voters in each precinct eligible to vote as of May 23, 1979 as follows: PRECINCT DEMOCRATIC REPUBLICAN UNENROLLED TOTALS 1 1,050 417 678 2,145 2 1,134 376 659 2,169 3 849 352 669 1,870 4 1,024 559 708 2,291 5 998 411 767 2,176 6 869 674 623 2,166 7 991 489 744 2,224 8 827 493 627 1,947 9 939 506 809 2,254 ; Totals 8,681 4,277 6,284 19,242 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:33 P.M. Precinct Two 8:26 P.M. Precinct Three 8:23 P.M. Precinct Four 8:29 P.M. Precinct Five 8:28 P.M. Precinct Six 8:26 P.M. Precinct Seven 8:25 P.M. Precinct Eight 8:27 P.M. Precinct Nine 8:40 P.M. The Town Clerk and the members of the Board of Registrars canvassed the 1 results as follows: Precinct One 709 voters cast their vote Precinct Two 660 voters cast their vote r-, Precinct Three 521 voters cast their vote Precinct Four 726 voters cast their vote Precinct Five 749 voters cast their vote — Precinct Six 806 voters cast their vote Precinct Seven 669 voters cast their vote Precinct Eight 785 voters cast their vote Precinct Nine 724 voters cast their vote Total 6,349 voters cast their vote 32.9% of the eligible 19,242 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN IN PERSON IN PERSON APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED 1 8 8 0 0 0 2 14 13 1 0 0 3 4 4 0 0 0 4 5 5 0 0 0 5 4 4 0 0 0 6 9 8 1 0 0 7 16 16 0 0 0 8 7 7 0 0 0 9 88 0 0 0 Totals 75 73 2 0 0 (Special Referendum - June 12, 1979.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED 1 0 0 0 0 0 2 0 0 0 0 0 3 1 1 0 0 0 4 2 2 0 0 0 5 2 1 1 0 0 6 0 0 0 0 0 7 3 2 0 1 0 .._.. 8 1 1 0 0 0 9 00 0 0 0 Totals 9 7 1 1 0 TOTALS 84 80 3 1 0 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION (Article 40 - Adopted April 2, 1979. See Page 420) "Shall the Town vote to approve the action of the representative town meeting whereby it was voted to appropriate $675,000 for the construction, under the supervision of the Permanent Building Committee, of an outdoor swimming pool complex at the present site of the Center Pool Complex with such amount to be raised by borrowing, and to authorize the Selectmen to acquire necessary utility easements and to apply for and accept federal and state aid for the project?" Yes 188 302 217 414 256 409 339 322 317 2,764 No 511 346 304 309 487 397 330 463 406 3,553 Blanks 10 12 0 3 6 0 0 0 1 32 Totals 709 660 521 726 749 806 669 785 724 6,349 In accordance with Chapter 381 of the Acts of 1954, less than the necessary 20% having voted to reverse the action of the April 2, 1979 Adjourned Session of the 1979 Annual Town Meeting, the action is not reversed and Article 40 stands adopted. A true copy. Attest: —71ahAr 41 71z c 40.4, i.......) Mary R. McDonough, Town Clerk r- Nancy Abelmann, 7 Moon Hill Road, resigned as a Town Meeting Member from Precinct Two as of August 10, 1979. George S. Silverman, 49 Fern Street, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Two at the March 5, 1979 election, accepted a position as Town Meeting Member from Precinct Two effective August 15, 1979. Mr. Silverman will fill the vacancy caused by the resignation of Miss Abelmann for a term expiring in March 1980. fl Gerald F. Hagerty, 118 Reed Street, resigned as a Town Meeting Member from Precinct Eight on February 1, 1980. 1 This vacancy will be filled at the March 3, 1980 Annual Town Election by the defeated candidate that receives the highest vote. William A. Busa, 38 Circle Road, resigned as a Town Meeting Member from Precinct One on February 15, 1980. This vacancy will be filled at the March 3, 1980 Annual Town Election by the defeated candidate that receives the highest vote. Ephraim Weiss, 462 Lowell Street, resigned as a Town Meeting Member from Precinct Five on February 21, 1980 effective March 1, 1980. This vacancy will be filled at the March 3, 1980 Annual Town Election by the defeated candidate that receives the highest vote. Barry Altman, 35 Saddle Club Road, resigned as a Town Meeting Member from Precinct Five on February 22, 1980. This vacancy will be filled at the March 3, 1980 Annual Town Election by the next defeated candidate that receives the highest vote. > (- (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION MARCH 3, 1980 In pursuance of the foregoing warrant the legal voters of the Town of Lexing- ton met in their respective voting places in said Town of Lexington on Monday, March 3, 1980 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Junior High School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Fire Headquarters Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Ann M. Pace D Margaret M. Potter Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson R Josephine S. Siders Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Bruce S. Gordon D Marguerite A. Cronin Inspector R Blanche T. Johnson R Mary E. Sherman Inspector D Catherine F. Hooper D Mary G. Faulkingham Inspector R Robert P. Trask, Jr. Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector R Harold W. Josephson D Hilda D. Glaubman Inspector R Barbara M. Collins Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Norma E. Ebbs Clerk D Rita E. Kiley D Cornelius P. Cronin Inspector R Elizabeth Ann Snell R Edith L. Bernardi Inspector D Phyllis C. Bradford D Dorothy A. Shine Inspector D Alice A. Coletta Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret S. Blouin Inspector R Caroline F. Deloury Inspector D Ann C. Golini Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. (Annual Town Election - March 3, 1980.) The total number of registered voters in each precinct eligible to vote as of February 12, 1980 as follows: PRECINCT DEMOCRATIC REPUBLICAN UNENROLLED TOTALS 1 1,030 417 774 2,221 2 1,048 368 709 2,125 3 813 335 767 1,915 4 988 535 813 2,336 5 935 401 852 2,188 6 809 650 750 2,209 rA-- 7 964 475 850 2,289 8 786 468 709 1,963 1 9 905 478 902 2,285 Totals 8,278 4,127 7,126 19,531 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9 P.M. Precinct Two 9:21 P.M. Precinct Three 9 P.M. Precinct Four 8:45 P.M. Precinct Five 8:47 P.M. Precinct Six 9:09 P.M. Precinct Seven 9:17 P.M. Precinct Eight 10 P.M. Precinct Nine 9:20 P.M. ~ The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 683 voters cast their vote Precinct Two 558 voters cast their vote Precinct Three 458 voters cast their vote Precinct Four 522 voters cast their vote i fl Precinct Five 587 voters cast their vote , Precinct Six 493 voters cast their vote Precinct Seven 531 voters cast their vote Precinct Eight 531 voters cast their vote Precinct Nine 567 voters cast their vote Total 4,930 voters cast their vote 25% of the eligible 19,531 registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON ' 1 8 8 0 0 0 2 8 8 0 0 0 3 11 11 0 0 0 4 8 7 1 0 0 5 7 7 0 0 0 r-.,, 6 16 16 0 0 0 1 7 9 9 0 0 0 I 1. 8 15 15 0 0 0 9 8 62 0 0 Totals 90 87 3 0 0 z (Annual Town Election - March 3, 1980.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED 1 24 15 8 1 0 2 25 14 7 2 2 3 21 10 7 3 1 4 24 11 10 3 0 1 5 21 10 10 0 1 6 20 9 10 1 0 .r.J 7 35 12 19 3 1 8 9 4 5 0 0 9 11 8 3 00 Totals 190 93 79 13 5 TOTALS 280 180 82 13 5 BALLOTS REJECTED 2 2 Rejected 3 1 Rejected 4 1 Rejected 6 3 Rejected Total 7 Rejected Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN Margery M. Battin 409 390 321 368 387 363 393 333 385 3,349 Alfred S. Busa 455 319 275 313 360 314 277 357 380 3,050 _. William T. Spencer 0 1 0 0 0 1 0 0 0 2 Stanley E. Toye 0 0 0 1 0 0 0 0 0 1 Susan Beck 0 0 0 0 0 1 0 0 0 1 Albert Zabin 0 0 0 0 0 0 0 1 0 1 Blanks 502 406 320 362 427 307 392 371 369 3,456 Totals 1,366 1,116 916 1,044 1,174 986 1,062 1,062 1,134 9,860 Margery M. Battin and Alfred S. Busa were elected to the Board of Selectmen for a term of three years ending in March 1983. MODERATOR Lincoln P. Cole,Jr. 514 413 353 407 466 405 386 404 446 3,794 Ephraim Weiss 0 0 0 0 0 0 0 1 0 1 Blanks 169 145 105 115 121 88 145 126 121 1,135 Totals 683 558 458 522 587 493 531 531 567 4,930 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending in March 1981. SCHOOL COMMITTEE Jean Gaudet 389 313 266 295 336 309 272 298 337 2,815 1 Sandra J. Shaw 384 345 254 365 363 337 340 301 359 3,048 Elizabeth Clarke 0 1 0 0 0 0 0 0 0 1 Stanley E. Toye 0 0 0 0 1 0 0 1 0 2 Martha C. Wood 0 0 0 0 0 0 0 1 0 1 Robert Rotberg 0 0 0 0 0 0 0 0 1 1 Blanks 593 457 396 384 474 340 450 461 437 3,992 Totals 1,366 1,116 916 1,044 1,174 986 1,062 1,062 1,134 9,860 Jean Gaudet and Sandra J. Shaw were elected to the School Committee each for a term of three years ending in March 1983. (Annual Town Election - March 3, 1980.) .,a. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PLANNING BOARD Karsten Sorensen 368 279 250 308 336 276 286 228 318 2,649 , Stanley E. Toye 42 45 30 52 37 63 30 114 48 461 James Cosgrove 0 1 2 1 0 0 0 1 5 10 William P. Kennedy 0 0 0 0 0 1 0 0 0 1 Blanks 273233 176 161 214 153 215 188 196 1,809 Totals 683 558 458 522 587 493 531 531 567 4,930 Karsten Sorensen was elected to the Planning Board for a term of five years 1 ending in March 1985. LEXINGTON HOUSING AUTHORITY William Spencer Sullivan 381 246 162 237 271 284 237 271 298 2,387 Marian C. Reilly 183 217 242 222 211 173 210 191 209 1,858 Stanley E. Toye 0 2 1 0 0 0 0 0 0 3 Susan Beck 0 0 0 0 0 1 0 0 0 1 Blanks 119 93 53 63 105 35 84 69 60 681 Totals 683 558 458 522 587 493 531 531 567 4,930 William Spencer Sullivan was elected to the Lexington Housing Authority for a term of five years ending in March 1985. TOWN MEETING MEMBERS - PRECINCT ONE 1 *John T. Avery 324 *David F. Eagle 389 *Sheila Busa-Tassone 326 *Cornelia C. Johnson 409 *Ralph A. Cataldo 292 Nicholas A. Ruocco 269 William R. Cataldo 270 Blanks 1,775 *Sheila Clemon-Karp 417 Totals 4,781 *Nancy L. Barter 310 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO *William E. Bicknell 345 *Judith J. Totman 292 *William P. Hadley 295 ***Laura E. Fisher 242 *Lillian T. MacArthur 272 John R. Holt 174 *Barry H. Marshall 298 *Lynda A. Wik 295 Edward O'Brien 228 Blanks 1,482 *Elizabeth H. Pressman 305 Totals 4,464 George S. Silverman 236 *Elected for three years. , ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT THREE *Donald H. Briggs, Jr. 226 *Marie E. Roberts 305 *John P. Carroll 221 *Robert I. Rotberg 274 Jean Gaudet 213 *Phyllis Aaronson 257 *Marian C. Reilly 294 Blanks 1,127 *William A. Ridgley 289 Totals 3,206 j *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Angela E. Frick 333 *Judith J. Uhrig 326 *Joyce Hals 287 Anne Gilmer Berg 260 *Richard F. Perry 262 *Germania B. Whiting 274 *Sandra J. Shaw 333 Blanks 1,250 *Ruth S. Thomas 329 Totals 3,654 *Elected for three years. x�- (Annual Town Election - March 3, 1980.) TOWN MEETING MEMBERS - PRECINCT FIVE *Howard Cravis 253 *Steven A. Clark 317 *William M. Fraser 265 *Stephen W. Miller 310 *Paul E. Hamburger 255 Ronald A. Sahatjian 143 ***Edward W. Jervis, Jr. 216 *James L. Silva 256 George F. McCormack 210 Edgar R. Stuhr 145 Warren Roberts 170 Blanks 1,758 Jolley Anne Weinstock 168 "Totals 4,696 *David G. Williams 230 *Elected for three years. - ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SIX *J. Keith Butters 316 *Donald B. White 299 **Charles J. Code, Jr. 209 ***Dorothy M. Boggia 227 *Harry A. Hall, III 266 *James L. McDevitt 257 *Ruth Joyce Nablo 270 Blanks 1,563 *Setha G. Olson 261 Totals 3,944 *Susan S. Solomon 276 *Elected for three years. **Died February 17, 1980 ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SEVEN *John R. Campbell 377 *Renee T. Cochin 328 *Winifred L. L. Friedman 331 Roger C. King 182 *Alice M. Pierce 389 Blanks 1,225 *John E. Ward 332 Totals 3,717 *Graydon M. Wheaton 330 *Elizabeth M. McHugh Barabush 223 r , *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT *G. Richard Beamon 267 Sally T. Castleman 1 *Charles E. Connolly 261 Charles A. Clark 1 *Ione D. Garing 288 Allan I. Sussman 1 *James M. McLaughlin 277 Walter A. Kmiec 1 *Mary E. Shunney 277 Reed Kingston Taylor 4 *Francis W. K. Smith 239 Blanks 1,524 *A. Patricia McCabe 345 Totals 3,717 Natalie I. Miller 231 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT NINE *Gordon E. Barnes, Jr. 259 *Louise G. R. Colwell 282 *.Ronald W. Colwell 352 James Dhimos 104 *Louis E. Conrad 234 Nancy W. Husbands 190 *Iris E. Larssen 247 Charlotte M. Mazerall 190 Clifford B. Porter 206 *Susan J. Ricci 289 *James J. Scanlon 237 Blanks 1,099 Alfred 0. Alves 110 Totals 3,969 Donna M. Carpenter 170 *Elected for three years. -� A true copy. Attest: -11/4414-4- '") 41/44 -44-s— Mary R. McDonough, Town Clerk r (WARRANT FOR PRESIDENTIAL PRIMARIES - SEE WARRANT FILE) PRESIDENTIAL PRIMARIES MARCH 4, 1980 In pursuance of the foregoing warrant the legal voters of the Town of Lexing- ton met in their respective voting places in said Town of Lexington on Tuesday, March 4, 1980 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Junior High School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Fire Headquarters Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Ann M. Pace D Margaret M. Potter Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson D Catherine R. Sullivan Inspector R Dorothy P. Gauthier R Josephine S. Siders Inspector D Antoinette M. McCarthy Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Catherine F. Hooper D Marguerite A. Cronin Inspector R Lucille D. Turner R Mary E. Sherman Inspector D Emily W. Frankovich D Gulli I. Kula Inspector R Robert P. Trask, Jr. R Donna L. Williams Inspector D Mary G. Faulkingham Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector R Harold W. Josephson D Hilda D. Glaubman Inspector D Carole Sandra Scalise R Evelyn A. Franks Inspector R Barbara M. Collins Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Norma E. Ebbs Clerk D Rita E. Kiley D Cornelius P. Cronin Inspector R Elizabeth Ann Snell R George W. Greenlaw, Jr. Inspector D Phyllis C. Bradford D Dorothy A. Shine Inspector R Florence M. Murray R Elizabeth M. Flynn Inspector D Suzanne H. Spencer Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret S. Blouin Inspector R Caroline F. Deloury Inspector D Ann C. Golini Inspector R Edith L. Bernardi Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, they were declared closed. (Presidential Primaries - March 4, 1980.) The total number of registered voters in each precinct eligible to vote as of February 5, 1980 as follows: PRECINCT DEMOCRATS REPUBLICANS UNENROLLED TOTALS 1 1,029 416 767 2,212 2 1,045 368 702 2,115 3 808 335 762 1,905 4 985 532 812 2,329 5 932 399 848 2,179 6 809 650 749 2,208 7 963 475 849 2,287 8 781 468 706 1,955 --]9 905 478 897 2,280 Totals 8,257 4,121 7,092 19,470 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:10 P.M. Precinct Two 10:10 P.M. Precinct Three 9:45 P.M. Precinct Four 9:30 P.M. Precinct Five 9:05 P.M. Precinct Six 9:45 P.M. Precinct Seven 11:30 P.M. Precinct Eight 9:45 P.M. Precinct Nine 10 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: REPUBLICAN'S DEMOCRAT'S PRECINCT VOTED VOTED TOTAL VOTED 1 414 725 1,139 2 439 771 1,210 —` 3 389 632 1,021 4 561 740 1,301 ,_,,,,, 5 457 703 1,160 6 662 650 1,312 7 587 758 1,345 8 478 632 1,110 9 549 702 1,251 Totals 4,536 6,313 10,849 55.7% of the 19,470 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON R DR D R D R D R D 1 8 4 8 4 0 0 0 0 0 0 2 6 5 6 5 0 0 0 0 0 0 3 5 11 5 11 0 0 0 0 0 0 4 11 9 10 9 1 0 0 0 0 0 li] 5 6 4 6 4 0 0 0 0 0 0 6 13 7 13 6 0 1 0 0 0 0 7 8 9 8 9 0 0 0 0 0 0 8 8 9 8 9 0 0 0 0 0 0 9 4 6 4 4 0 2 0 0 0 0 Totals 69 64 68 61 1 3 0 0 0 0 (PRESIDENTIAL PRIMARIES - March 4, 1980.) —_ — ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED RD R D R D R D R D 1 10 21 8 14 2 6 0 1 0 0 2 15 30 15 24 0 5 0 0 0 1 3 4 23 1 18 2 3 1 1 0 1 4 10 22 9 16 1 6 0 0 0 0 1 5 13 17 10 12 3 4 0 1 0 0 6 7 24 5 17 2 6 0 1 0 0 7 11 35 8 20 3 9 0 4 0 2 8 5 9 4 5 1 4 0 0 0 0 9 4 13 3 11 1 2 0 0 0 0 Totals 79 194 63 137 15 45 1 8 0 4 TOTALS 148 258 131 198 16 48 1 8 0 4 BALLOTS REJECTED 2 3 4 3 0 1 4 0 2 5 2 0 9 0 1 Totals 5 8 Rejected DEMOCRATIC PARTY BALLOT , 7 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PRESIDENTIAL PREFERENCE Jimmy Carter 204 210 181 255 204 198 254 190 207 1,903 Edmund G. Brown, Jr. 30 33 22 25 29 35 23 25 25 247 Edward M. Kennedy 452 486 384 422 437 381 436 391 426 3,815 No Preference 20 8 15 11 14 14 14 12 25 133 John B. Anderson 6 25 20 25 9 12 25 14 13 149 Gerald Ford 1 1 0 0 0 0 0 0 0 2 Ronald Reagan 0 0 3 0 0 0 3 0 0 6 George Bush 0 0 1 0 0 0 1 0 0 2 Eugene McCarthy 0 0 1 0 0 0 0 0 0 1 Howard Baker 0 0 0 0 0 1 1 0 0 2 Ralph Nader 0 0 0 0 0 1 0 0 0 1 ' Blanks 12 8 5 2 10 8 1 0 6 52 Totals 725 771 632 740 703 650 758 632 702 6,313 STATE COMMITTEE MAN - FOURTH MIDDLESEX DISTRICT John J. Bilafer 204 180 159 169 166 141 191 153 181 1,544 Alex Wilson 169 171 145 143 148 118 165 124 140 1,323 Blanks 352 420 328 428 389 391 402 355 381 3,446 Totals 725 771 632 740 703 650 758 632 702 6,313 STATE COMMITTEE WOMAN - FOURTH MIDDLESEX DISTRICT Claire Buckley Dwyer 100 88 82 66 71 40 75 59 71 652 Jean E. Rubenstein 136 193 153 184 177 173 277 130 188 1,611 Anne M. Beauchamp 39 24 38 29 28 34 20 31 35 278 Jeanne M. Bonnell 183 136 133 145 142 143 143 171 152 1,348 Blanks 267 330 226 316 285 260 243 241 256 2,424 Totals 725 771 632 740 703 650 758 632 702 6,313 (Presidential Primaries - March 4, 1980.) DEMOCRATIC PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals TOWN COMMITTEE (Thirty-five to be Elected) *Stephen W. Doran 429 377 283 344 378 304 334 294 344 3,087 *Gerald L. Abegg 202 225 220 267 234 233 256 237 236 2,110 *Gordon E. -� Barnes, Jr. 193 182 161 176 194 186 223 188 262 1,765 *James E. Barry 257 213 152 173 183 144 192 156 188 1,658 *Susan S. Beck 213 198 181 202 223 245 226 180 218 1,886 *Eric T. Clarke 213 299 201 227 221 200 235 177 212 1,985 *Sheila Clemon-Karp 338 197 160 205 227 180 234 172 215 1,928 *John F. Cogan, Jr. 194 199 165 184 185 188 207 172 229 1,723 *Mary T. Cogan 188 190 156 178 187 195 210 163 219 1,686 *Marion T. Coletta 218 221 187 223 216 189 249 221 227 1,951 *Jacqueline B. Davison 227 241 278 241 238 209 267 195 239 2,135 *Mimi B. Dohan 197 202 169 208 215 234 264 177 201 1,867 *Nancy F. Earsy 185 207 165 216 196 181 234 168 196 1,748 *Emily W. Frankovich 194 207 167 200 202 221 288 175 193 1,847 *Marie Goldstein 180 229 157 186 199 131 212 151 190 1,635 *John L. Grant 198 197 158 174 194 175 180 161 179 1,616 *M. Elinor Greenway 165 170 186 167 175 128 188 145 181 1,505 *Patricia H. Kaczmarczyk 174 182 150 183 177 164 235 162 190 1,617 *Harriet G. Kaufman 180 178 145 181 189 182 223 164 194 1,636 *Sue Beth Mazer 196 203 166 186 211 183 249 158 188 1,740 *Mary W. Miley 263 286 241 271 252 254 347 249 262 2,425 *Richard I. Miller 179 174 144 171 182 136 191 153 191 1,521 *Alice M. Pierce 189 186 161 179 192 167 280 161 187 1,702 *Daniel E. Power 213 202 182 206 196 202 215 201 240 1,857 *David Reiner 177 182 155 171 178 166 261 152 180 1,622 *Marie E. Roberts 180 175 253 187 188 148 202 161 191 1,685 *Jean E. Rubenstein 184 213 168 201 209 200 277 165 203 1,820 *Edith Sandy 202 205 179 218 227 233 254 186 205 1,909 *George S. Silverman 187 214 158 202 216 152 191 169 219 1,708 *William T. Spencer206 196 178 215 210 217 215 184 206 1,827 *Enid M. Starr 173 173 156 170 175 175 191 161 184 1,558 *Roger G. Trudeau 191 191 173 186 192 164 270 177 189 1,733 *Judith J. Uhrig 200 202 197 273 221 203 233 181 202 1,912 *Weiant Wathen-Dunn 221 235 173 201 241 173 215 162 195 1,816 *Martha C. Wood 202 198 179 220 209 166 285 195 206 1,860 Louise Dallas 0 0 0 0 0 0 0 1 0 1 Blanks 18,067 19,63615,816 18708 17273 16122 18197 15846 17209 156,874 Totals 25,375 26,98522,120 25900 24605 22750 26530 22120 24570 220,955 *Elected. (Presidential Primaries - March 4, 1980. ) -- .., REPUBLICAN PARTY BALLOT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PRESIDENTIAL PREFERENCE 1 John B. Anderson 154 224 164 239 189 259 256 182 202 1,869 Howard H. Baker 16 19 21 23 22 29 19 29 27 205 George H. Bush 117 99 94 195 119 198 179 121 153 1,275 John B. Connally 6 3 5 5 6 8 2 6 4 45 f°"` Ronald W. Reagan 111 86 92 83 104 133 116 121 137 983 ' Robert J. Dole 0 0 1 0 2 1 0 0 2 6 L_' Benjamin Fernandez 0 1 0 1 0 1 0 0 1 4 Harold Stassen 0 0 0 0 0 0 0 0 0 0 Philip M. Crane 4 1 1 7 7 13 5 6 5 49 No Preference 0 3 4 1 1 7 2 2 2 22 Edward Kennedy 0 0 1 0 0 0 2 0 0 3 Gerald Ford 0 0 3 2 1 5 4 6 9 30 James Carter 0 0 0 0 0 1 0 1 0 2 Blanks 6 3 3 5 6 7 2 4 7 43 Totals 414 439 389 561 457 662 587 478 549 4,536 STATE COMMITTEE MAN - FOURTH MIDDLESEX DISTRICT Werner A. Carlson 127 122 107 173 125 217 169 140 182 1,362 William A. Barnstead 93 93 82 103 90 120 110 92 130 913 William W. Welch,Jr. 0 0 1 0 0 1 0 0 0 2 Blanks 194 224 199 285 242 324 308 246 237 2,259 Totals 414 439 389 561 457 662 587 478 549 4,536 STATE COMMITTEE WOMAN - FOURTH MIDDLESEX DISTRICT r--- Marion E. Hunt 207 197 174 281 204 326 269 232 305 2,195 Patricia J. Moreno 45 42 40 35 33 53 45 37 54 384 William W. Welch, Jr. 0 0 1 0 0 0 0 0 0 1 Blanks 162 200 174 245 220 283 273 209 190 1,956 Totals 414 439 389 561 457 662 587 478 549 4,536 TOWN COMMITTEE (Thirty-five to be elected) *Lincoln P. Cole, Jr. 254 253 228 354 244 439 331 294 353 2,750 *Marion E. Hunt 175 168 151 239 162 284 217 184 225 1,805 *Clifford B. Porter 142 131 129 183 115 247 177 148 218 1,490 *William H. Levison 122 117 110 156 99 204 152 114 176 1,250 *Diane R. Porter 156 150 138 185 119 267 182 171 235 1,603 *Elizabeth M. Flynn 137 134 155 165 115 220 151 136 174 1,387 *Neil Gray 140 129 125 182 114 266 170 143 181 1,450 *Martin A. Gilman 138 141 125 210 109 237 164 138 181 1,443 *Susan S. Slade 136 114 118 151 118 218 148 124 165 1,292 *Marjorie D. Wells 150 137 126 174 117 255 170 138 188 1,455 *Reed Kingston Taylor 126 114 106 160 95 223 154 123 166 1,267 *Luanna E. Devenis 134 113 106 146 88 207 146 115 149 1,204 *Priscilla McGrath 131 120 117 153 105 210 167 129 172 1,304 *William B. Simmons 132 117 110 153 120 231 159 127 170 1,319 L_ *Marjorie T. Balsor 130 112 111 173 101 218 151 116 163 1,275 *Jacqueline S. Bowersock 139 131 114 194 106 230 155 133 177 1,379 **Charles J. Code, Jr. 123 107 106 150 88 223 143 109 166 1,215 *Elected **Died February 17, 1980. (Presidential Primaries - March 4, 1980.) REPUBLICAN PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals TOWN COMMITTEE (CONT.) *Camille B. Skov 121 107 103 142 90 222 149 123 155 1,212 *Richard F. Crawford 136 127 112 144 111 208 148 114 164 1,264 *Ruth J. Sharpe 130 110 110 147 91 214 146 122 165 1,235 *David A. Wilson 130 134 112 172 110 244 163 133 181 1,379 *Beverly M. Cameron 123 112 115 135 86 198 141 112 158 1,180 *Donald B. Cobb 123 111 111 149 93 204 163 120 160 1,234 *Steven T. Balthaser 119 103 104 137 77 210 131 102 155 1,138 *Nancy P. Kenney 129 119 114 170 100 224 160 119 168 1,303 *Joachim R. Sinek 116 125 105 144 78 197 136 106 157 1,164 *Eleanor B. Litchfield 152 128 121 175 122 267 193 159 183 1,500 *Marjorie S. Guiler 133 105 111 155 100 228 159 121 161 1,273 *Alice W. Stoodley 124 110 107 142 91 203 158 114 162 1,211 *Stanley A. Casazza 124 105 107 138 93 195 150 121 162 1,195 *Fred C. Bailey 151 151 130 223 131 306 215 175 208 1,690 *Donald B. White 146 138 119 187 119 292 185 168 185 1,539 *Ellen H. White 133 138 108 159 117 258 170 149 172 1,404 *Elmer W. Wharton,Jr. 123 112 116 147 92 209 147 115 175 1,236 Maureen Busa Gilbert 1 0 0 0 0 0 0 0 0 1 *William W. Welch, Jr. 0 2 0 4 3 4 2 1 2 18 *Louise C. Dallas 0 0 1 3 0 1 0 5 2 12 Gerald Ford 0 0 0 0 0 0 0 0 1 1 Michael Arter 0 0 0 0 0 0 0 0 1 1 Esther F. Lobel 0 0 0 0 0 0 _ 2 0 0 2 Blanks 9811 11040 9534 13834 12276 15107 14890 12109 13079 111,680 Totals 14490 15365 13615 19635 15995 23170 20545 16730 19215 158,760 *Elected. A true copy. Attest: AtrA - /., ?!ll I� VVE Mary R. McDonough,/ Town Clerk ( Natalie I. Miller, 18 Liberty Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Eight at the March 3, 1980 election, accepted a position as Town Meeting Member from Precinct Eight effective March 10, 1980. Ms. Miller will fill the vacancy caused by the resignation of Gerald F. Hagerty, 115 Reed Street on February 1, 1980. Ms. Miller's term will expire in March 1981. George F. McCormack, 32 Hayes Lane, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Five at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct Eight effective March 11, 1980. Mr. McCormack will fill the vacancy caused by the resignation of Barry Altman, 35 Saddle Club Road on February 22, 1980. Warren Roberts, 11 Myrna Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Five at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct Five effective March 11, 1980. Mr. Roberts will fill the vacancy caused by the resignation of Ephraim Weiss, 462 Lowell Street effective March 1, 1980. Sidney K. Whiting, 55 Bloomfield Street, resigned as a Town Meeting Member 1 from Precinct Four as of March 10, 1980. Anne Gilmer Berg, 24 Wachusett Drive, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Four at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct Four effective March 13, 1980. Ms. Berg fl will fill the vacancy caused by the resignation of Mr. Whiting. William R. Cataldo, 39 Rindge Avenue, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct One at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct One effective March 14, 1980. Mr. Cataldo will fill the vacancy caused by the resignation of William A. Busa, 38 Circle Road on February 15, 1980. H. Bigelow Moore, 50 Hancock Street, resigned as a Town Meeting Member from Precinct Six as of March 17, 1980. As there is no defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 3, 1980, it will be necessary to hold a special election of Precinct Six Town Meeting Members only for the purpose of filling this vacancy. This is in accordance with Section 7 of Chapter 215 of the Acts of 1929, as amended. The special election is to be held on Wednesday, March 26, 1980 at 7:30 P.M. r-- in Estabrook Hall (off the lower lobby of the Cary Memorial Building) . All Town Meeting Members in Precinct Six will be notified by mail of this election. 4 0 ANNUAL TOWN MEETING - MARCH 17, 1980 The meeting was called to order by Moderator Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 187 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. The Moderator asked that the meeting remain standing for a moment of silence for past Town Meeting Members who had died since our last meeting - especially Rev. Harold T. Handley and Charles J. Code, Jr. 8:13 P.M. Town Clerk Mary R. McDonough read the warrant for the meeting until further reading was waived by the meeting. 8:13 P.M. The Town Clerk read the Constable's Return of the warrant. 8:13 P.M. Article 2. Mary W. Miley, Chairman of the Board of Selectmen, reported to the town meeting on procedural motions that were to be presented as follows: 1. Articles 3, 5 and 7 should be postponed for consideration or tabled until after Article 49 because of additional appropria- tions that may be necessary for this year's budget based upon inflation/fuel costs and a current impasse with the Police Union on the contract while bargaining is still continuing. 2. Motion should be made to divide from Article 4 Accounts 3770 (Patrolmen and Sergeants personal services) and 3800 (expenses)- to be brought up after Article 49 with the hopes that a Police settlement might take place by that time. 3. Motion should be made to divide from Article 4 Accounts 4900 (DPW Collective Bargaining) and 5800 (Garbage Collection) and 5850 (Sanitary Landfill) - to be taken up after Article 27 (Solid Waste Collection System) . 4. Just after Article 10 a motion should be made to accept under Article 2 the report on Sewer Policy and Plans. It is anti- cipated that a motion will be made then to indefinitely postpone Article 11 as all questions have been answered in that report. 8:17 P.M. Donald B. White, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8:18 P.M. Mr. White gave a short explanation of the report and stated that, if all recommendations were adhered to, that the estimated tax rate would be $91.30. 8:22 P.M. Mr. White's motion that the Appropriation Committee Report be accepted and placed on file was declared carried unanimously. 8:22 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:26 P.M. (Annual Town Meeting - March 17, 1980.) Article 2. Robert B. Kent moved that the report of the Town Manager on the (Cont.) status of open money articles be accepted and placed on file. 8:27 P.M. Town Manager Robert M. Hutchinson, Jr. was recognized and he gave a review of the estimated tax rate and listed the five budget goals. 8:34 P.M. Mr. Kent's motion that the Status Report of the Town Manager be accepted and placed on file was carried unanimously. 8:34 P.M. Article 3. Mary W. Miley moved that Article3 be postponed until after consideration of Article 49. Carried Unanimously. 8:35 P.M. (See Page 550) Article 4. Presented by Mary W. Miley. Motion: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. (Richard M. Perry gave written notice that he would abstain from voting on line items pertaining to the Comptroller's Office if they are singled out or on the total of Articles 4 or 5. Mary R. McDonough gave verbal notice that she would abstain from voting on any line item pertaining to the office of the Town Clerk. Lincoln P. Cole, Jr. gave verbal notice that he would abstain from voting on any line item pertaining to the office of the Board of Appeals.) n Moderator Cole read the following line items: Selectmen's Department #1000 Personal Services 30,286 1050 Expenses 6,725 8:36 P.M. Town Manager's Office 1060 Personal Services 104,929 1065 Expenses 7,000 8:36 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 39,000 1075 Clerical Pool 9,327 1080 Office Furniture & Fixtures 1,200 1090 General Prof. Services (See Pages 585 & 586) 20,000 8:37 P.M. Manfred P. Friedman moved that the amount in line item 1090 be changed from $20,000 to $25,000. 8:37 P.M. r-- Mary W. Miley felt that this should be postponed until after con- sideration of the zoning articles. 8:41 P.M. Upon a motion offered by Mrs. Miley, the Moderator stated that line item 1090 of Article 4 would be divided from Article 4. Mrs. Miley moved that line item 1090 be postponed until after con- sideration of Article 67. Mr. Friedman stated that the Planning Board had no objection to this postponement. 8:43 P.M. Mrs. Miley's motion to postpone line item 1090 was carried by voice vote. 8:43 P.M. (See Pages 585 & 586) (Annual Town Meeting - March 17, 1980.) Article 4. Town Manager's Jurisdiction (Cont.) (Cont.) #1125 Fire & Police Medical 7,000 1130 Director of Guides - P.S. 1,000 1135 Out-of State Travel 6,000 1141 Tuition & Training Fees 13,500 1142 In-State Travel 10,000 8:44 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 770 8:44 P.M. Town Clerk's Department 1150 Personal Services 55,954 1200 Expenses 1,400 8:44 P.M. Board of Appeals 1500 Personal Services 12,431 1550 Expenses 2,430 8:44 P.M. Planning Board 1600 Personal Services 42,029 1650 Expenses 5,000 Insurance 1700 Group 800,000 1750 Municipal Property & Workmen's Comp. 331,203 8:44 P.M. Printing Town Report 1 1760 Expenses 10,000 „rJ 8:45 P.M. Law Department 1775 Law Fees 50,000 1800 Law Expenses 13,000 8:45 P.M. Elections 1900 Selectmen Jurisdiction 17,890 1950 Town Clerk Jurisdiction 20,800 8:45 P.M. Board of Registrars 2000 Personal Services 7,375 2050 Expenses 13,550 8:46 P.M. Town Committees 2250 Appropriation Committee Expenses 950 2370 Misc. Committees & Board Expenses 3,450 2380 Council on Aging Expenses 34,425 *To which the sum of $34,425 in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied 2400 Town Celebrations Committee Expenses 7,500 8:47 P.M. Historic Districts Commission 2450 Expenses 1,800 8:47 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Conservation Commission (Cont.) #2460 Expenses 10,575 8:47 P.M. Recreation Committee 2470 Personal Services 129,140 2480 Expenses 20,250 8:47 P.M. Treasurer/Collector's Department 2500 Personal Services 81,651 2525 Expenses 17,370 2575 Foreclosure & Redemption 1,480 8:48 P.M. Comptroller's Department 2800 Personal Services 101,512 2850 Expenses 3,470 8:48 P.M. 1 Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 6,800 2930 Office Machines-Maint. & Repair 6,800 2935 Office Services-Copier & Supplies 8,700 2940 Metered Mail 19,280 8:49 P.M. Assessor's Department 2950 Personal Services 61,585 3000 Expenses 8,300 fl 8:49 P.M. Health Department 3250 Personal Services 42,682 3300 Expenses 10,950 3310 Mystic Valley Mental Health 30,853 *To which the sum of $30,853. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3320 Tri Community Health Services 6,800 3330 Community Services 37,388 *To which the sum of $37,388. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 3450 Rabies Clinic 2,535 8:54 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 17,600 3550 Expenses 5,680 8:55 P.M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 333,087 (Of which $15,000 is to be transferred from the Parking Meter Fund) 3770 Police Dept. Collective bargaining unit-Per.Ser. 879,895 8:55 P.M. Alfred S. Busa moved to divide line items #3770 and #3800 from Article 4 and postpone until after consideration of Article 49. This motion declared carried unanimously. 8:57 P.M. (See Page 550) '° (Annual Town Meeting - March 17, 1980.) Article 4. Police Department (Cont.) (Cont.) #3900 Parking meter maintenance 1,500 *(of which $1,500. is to be transferred from the Parking Meter Fund) 8:57 P.M. Fire Department 4110 Fire Department Management and Staff-Pers. Serv. 90,182 4120 Fire Dept. Collective Bargaining Unit-Pers. Serv. 1,175,264 4150 Expenses 98,900 8:58 P.M. J Local Disaster Services 4300 Personal Services 750 4350 Expenses 500 8:58 P.M. Inspection Department 4450 Personal Services 76,640 4500 Expenses 2,675 8:58 P.M. Public Works Department 4900 D.P.W. Collective Bargaining Unit-Pers. Serv. 1,016,263 (See Pg. Alfred S. Busa moved that line item 4900 be divided from Article 4 537.) and that action on line item 4900 be postponed until after considera- of Article 27. This motion was carried unanimously. 8:59 P.M. Director of Public Works Office 4950 Public Works Mgt. and Staff Pers. Serv. 322,361 5000 Expenses 11,100 9 P.M. Engineering Department 5100 Personal Services 191,510 5150 Expenses 5,800 9 P.M. Town Buildings Maintenance 5200 Personal Services 67,291 5250 Expenses 222,945 9 P.M. Highway Maintenance 5400 Expenses 155,400 (Of which $15,000 is to be transferred from the Parking Meter Fund) 9 P.M. Richard A. Michelson moved to amend line item 5400 by striking the words " (Of which $15,000 is to be transferred from the Parking Meter Fund) ". This amendment was declared lost by voice vote. 9:03 P.M. Road Machinery 5450 Expenses 278,700 9:03 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Snow Removal (Cont.) #5500 Expenses 120,853 (Of which $15,000 is to be transferred from the Parking Meter Fund) 9:04 P.M. Traffic Regulations & Street Signs 5550 Expenses 28,000 �-^ 9:05 P.M. Street Lights 5600 Expenses 280,000 *To which the sum of $150,000 in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. 9:05 P.M. Sewer Maintenance & Services 5700 Expenses 75,166 9:07 P.M. Garbage Collection 5800 Contract 9:07 P.M. 7,200 Robert B. Kent moved that line items 5800 and 5850 be divided from Article 4 and be taken up following consideration of Article 27. This motion carried unanimously. 9:08 P.M. (See Page 538) Water Maintenance & Services 5900 Expenses 79,447 9:08 P.M. Park 6000 Expenses 57,300 9:08 P.M. Insect Suppression 6050 Expenses 10,200 Mary W. Miley stated that a committee had been formed to look into the matter of insect suppression and were now working. John Andrews, Chairman of the committee, was recognized, at the request of Mrs. Miley, and stated that as the committee was newly formed that there was not much to report at this time. After general dis- cussion, Robert I. Rotberg moved that line item 6050 be divided from Article 4 and be postponed until after Article 67. This motion was lost at 9:25 P.M. 6050 The Moderator stated that line item/would be divided from Article 4 and as such would be voted on now. He then asked for a standing vote as follows: Precinct In Favor Tellers Opposed 1 12 Cornelia C. Johnson 6 2 13 Mary M. McIver 5 3 4 William A. Ridgley 14 4 4 Germania B. Whiting 13 5 10 Madeline A. Shaughnessy 7 6 9 Margaret N. Brooke 7 7 4 John E. Taylor 14 (Annual Town Meeting - March 17, 1980.) Article 4. Insect Suppression (Cont.) (Cont.) Standing vote on line item 6050 (Cont.) Precinct In Favor Tellers Opposed 8 15 Charles E. Connolly 1 9 14 Deborah B. Green 3 At Large 15 William J. Dailey, Jr. 8 Totals 100 78 (See Page Motion offered under line item 6050, which has been divided from 590) Article 4, declared adopted. 9:30 P.M. Sam V. Nablo served notice of reconsideration of line item 6050 under Article 4. 9:30 P.M. (See Page 590) Article 4. Shade Tree (Cont.) #6100 Expenses 14,600 9:30 P.M. Dutch Elm Disease 6150 Expenses 3,400 9:30 P.M. Cemeteries 6400 Expenses 17,350 9:31 P.M. Veterans' Benefits 7100 Personal Services 10,151 7150 Administration 150 7200 Aid & Expenses 37,000 9:31 P.M. Grave Registrations 7250 Expenses 400 9:31 P.M. Soldiers' Burials 7300 Expenses 250 9:31 P.M. Cary Memorial Library 7500 Personal Services 418,561 7550 Expenses 152,475 *Of which $4,116.08 is to be transferred from the County Dog License Fees. 9:32 P.M. Board of Retirement --� 7800 Contributory Pension Fund 852,432 7810 Pension Funding (See Page 529 and 560) 200,000 7825 Non-Contributory Pension Fund 181,000 7850 Expenses 5,425 9:36 P.M. David G. Williams served notice of reconsideration of line item 7810, but, as no vote had been taken on this item, the Moderator later ruled this notice out of order. 9:37 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Public Schools (Cont.) #7920 Public School-Education 16,989,262 *Of which $12,100 is for out of state travel. To which the sum of $328,648 in available and antici- pated P.L. 874 and other Federal and State Funds, and $20,000 in available and anticipated athletic receipts is to be applied and the balance of $16,640,614 is to be raised in the tax levy. 9:39 P.M. Otis S. Brown, Jr. , Chairman of the School Committee, moved that line item 7920 be divided from Article 4 and the Moderator declared that line item 7920 was now divided from Article 4. 9:43 P.M. Mr. Brown and Supt. of Schools, Dr. John Lawson, both gave an explanation of the school budget. 9:47 P.M. Appropriation Committee Member, George S. Silverman, stated that it was the unanimous opinion of his committee that the School Committee had done a fine job on the budgets over which they had any control. 9:55 P.M. The Moderator stated that, as line item 7920 had been divided from Article 4, a vote would now be taken on the motion offered under 7920 and, due to the tax cap by the state, if the vote was not unanimous, a standing vote would be taken. Motion under line item 7920 was declared carried unanimously. 10:04 P.M. Otis S. Brown, Jr. served notice of reconsideration of line item 7920 under Article 4. 10:04 P.M. P Article 4. (Cont.) #8100 Regional Voc. Tech. High School Assessment 396,265 10:05 P.M. 8500 Interest on Debt 151,103 10:05 P.M. 8525 Tax and Bond Anticipation Loans 340,000 10:05 P.M. 8550 Maturing Debt 1,605,000* *Of which $575,942.20 is to be transferred from the Receipts Reserved for Appropriation. Account- Conservation Land Reimbursement. 10:05 P.M. David G. Williams asked to have line item 7810 divided from Article 4 and the Moderator stated that line item 7810 was now divided from Article 4. 10:06 P.M. E David G. Williams moved that line item 7810 be postponed until after consideration of Article 51. This motion was carried by voice vote. 10:07 P.M. (See Pages 528 and 560) The Moderator stated that if the vote on Article 4 was not unani- mous, then a standing vote would be taken. Voice vote on Article 4 (with the exception of line items 1090, 3770, 3800, 4900, 5800, 5850, 6050, 7810 and 7920) was declared carried unanimously. 10:11 P.M. (Annual Town Meeting - March 17, 1980.) Article 5. James F. Crain moved that Article 5 be postponed until after consideration of Article 49. Carried Unanimously. 10:11 P.M. (See Page 551) Article 6. Presented by James F. Crain. MOTION; That this article be indefinitely postponed. Carried Unanimously. 10:12 P.M. Article 7. James F. Crain moved that Article 7 be postponed until after consideration of Article 49. (See Page 551) Carried Unanimously 10:12 P.M. Article 8. Presented by Mary W. Miley. MOTION: That the sum of $150,000.00 be appropriated for the Reserve Fund and to raise such amount $1800.00 be transferred from the Reserve Fund - Overlay Surplus and $148,200.00 be raised in the tax levy. Carried Unanimously. 10:15 P.M. Article 9. Presented by Mary W. Miley. MOTION: That the Town Treasurer, with the approval of the Select- men, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1980, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended 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. Carried Unanimously. 10:16 P.M. Article 10. Presented by Mary W. Miley. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:16 P.M. Article 2. Robert B. Kent moved that the Selectmen's Report on Sewer Construction be accepted and placed on file. Carried Unanimously. 10:17 P.M. Article 11. Presented by Martha C. Wood. MOTION; That this article be indefinitely postponed. Carried Unanimously. 10:17 P.M. Article 12. Presented by Robert B. Kent. MOTION: That the sum of $75,000.00 be appropriated for engineering services for an inflow infiltration study of the Town's sewer system, that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Carried Unanimously. 10:18 P.M. (Annual Town Meeting - March 17, 1980.) Article 13. Presented by Robert B. Kent. MOTION: That the sum of $90,000.00 be appropriated for refurbishing the water towers located off Jean Road, and that such amount be raised in the tax levy. Carried Unanimously. 10:22 P.M. Article 14. Presented by Robert B. Kent. -- MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:22 P.M. Article 15. Presented by Mary W. Miley. MOTION: That the sum of $40,000.00 be appropriated for engineering services for a comprehensive study of the Town's drainage system, and that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Carried Unanimously. 10:23 P.M. Article 16. Presented by Mary W. Miley. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:24 P.M. Article 17. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a (As town way Kendall Road from Apollo Circle a distance of 415 feet, adopted - more or less, to Vine Brook, as laid out by the Selectmen and shown See upon a plan on file in the office of the Town Clerk, dated January Pages 2, 1980, and to authorize the Selectmen to take by eminent domain, 533 & purchase or otherwise acquire any fee, easement or other interest in 534) land necessary therefor, that the sum of $37,350.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Kendall Road as is necessary, and that to raise such amount $31,756.52 be transferred from the Sale of Real Estate Fund and $5,593.48 be raised in the tax levy. 10:25 P.M. Erna S. Greene questioned the need of the sidewalk and wished to know the cost. The Town Manager stated that his best estimate would be in the vicinity of $6,000. 10:30 P.M. Erna S. Greene moved that the motion under Article 17 be amended by striking the figure $37,350.00 and substituting therefor the figure $31,350.00, by striking the figure $31,756.52 and substituting there- for the figure $31,350.00 and by striking the words "and $5,593.48 be raised in the tax levy". 10:37 P.M. Mrs. Camac of 96 Kendall Road spoke from the balcony and questions _ were raised by many of the members in regard to the sidewalk being constructed on the wrong side of Kendall Road. It was felt by them that the sidewalk should be on the side where the houses were as -— children would have to cross the street in order to use the new sidewalk. 10:50 P.M. After much discussion, Mary W. Miley moved that this article article 17) be tabled and this motion was declared carried by voice vote. 10:50 P.M. -- (Annual Town Meeting - March 17, 1980.) Mary W. Miley moved that this meeting be adjourned to Wednesday, March 19, 1980 at 8 P.M. in Cary Memorial Hall. 10:50 P.M. This motion was declared carried by voice vote. 10:50 P.M. A true copy. Attest: ? ) '41144, Mary R. McDonough, Town Clerk r-ran XXXXX ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING 533 HELD MARCH 19, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation offered by Rev. Polly Laughland of the Follen Community Church. 8:12 P.M. Mary W. Miley moved that Article 17 be taken off the table. This motion was carried unanimously. 8:13 P.M. Article 17. (See Page 531.) The Moderator stated that the meeting was now open on Article 17 and the question on the floor at this time was the amendment offered (on March 17, 1980) by Erna S. Greene. He also stated that the time for discussion on the amendment would start now. 8:14 P.M. Town Engineer, Michael Hanlon was recognized and explained the procedures regarding the sidewalk on Kendall Road and said that his explanation covered both Article 17 and 22. 8:18 P.M. Mrs. Miley reaffirmed the Selectmen's position to construct the sidewalk on the west side of Kendall Road. In answer to a question by Renee Cochin, Mrs. Miley said there would be betterments on the side that the sidewalk would be constructed and also that the sidewalk would be plowed. 8:20 P.M. The Moderator read the amendment as presented by Mrs. Greene on Monday, March 17, 1980: "I move that the motion under Article 17 be amended by striking the figure $37,350.00 and substituting therefor the figure $31,350.00, by striking the figure $31,756.52 and substituting therefor the figure $31,350.00 and by striking the words "and $5,593.48 be raised in the tax levy". 8:20 P.M. Manfred P. Friedman, Chairman of the Planning Board, stated that the Planning Board unanimously supports Article 17, 18 and 19, the construction of the streets and also favor the sidewalk on Kendall Road. They are opposed to Mrs. Greene's amendment. Mr. Friedman filed the report of the Planning Board covering Kendall Road, Rockville Avenue and Sanderson Road. 8:22 P.M. In response to a question by Richard A. Michelson, Mr. Friedman stated that the construction of the sidewalk on Kendall Road was a problem for the Board of Selectmen and the neighborhood. 8:22 P.M. After general discussion, mostly about the side on which the side- walk was to be constructed, Mrs. Greene's amendment was declared lost by voice vote. 8:27 P.M. Voice vote on the main motion, as presented by Mary W. Miley on March 17, 1980, was not unanimous so the Moderator called for a [I: standing vote as follows: Precinct In Favor Tellers Opposed 1 12 Cornelia C. Johnson 0 2 19 Mary M. McIver 0 3 16 William A. Ridgley 2 4 10 Germania B. Whiting 3 5 16 Madeline A. Shaughnessy 2 6 14 Margaret N. Brooke 2 7 16 John E. Taylor 0 XXXirf-- (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) 534 Article 17. Standing vote on main motion offered by Mrs. Miley: (Cont.) (Cont.) Precinct In Favor Tellers Opposed 8 14 Charles E. Connolly 0 9 17 Deborah B. Green 0 At Large 20 William J. Dailey, Jr. 0 Totals 154 9 Main motion, as offered by Mary W. Miley at the March 17, 1980 session of this town meeting, (which reads as follows) was declared adopted. 8:28 P.M. MOTION AS ADOPTED,: MOTION: To establish as a town way and accept the layout of as a town way Kendall Road from Apollo Circle a distance of 415 feet, more (As or less, to Vine Brook, as laid out by the Selectmen and shown upon a adopted) plan on file in the office of the Town Clerk, dated January 2, 1980, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, that the sum of $37,350.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Kendall Road as is necessary, and that to raise such amount $31,756.52 be transferred from the Sale of Real Estate Fund and $5,593.48 be raised in the tax levy. (See above for vote count) Article 18. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a town way Rockville Avenue from Philip Road a distance of 360 feet, more or less, to Davis Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January fl 2, 1980, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, that the sum of $72,000.00 be appropria- ted for such land acquisition, construction, alteration and re- construction of Rockville Avenue as is necessary, and that such amount be raised in the tax levy. 8:30 P.M. - Town Engineer, Michael Hanlon showed diagrams of the area and, in answer to Lloyd Gilson, stated that there were five homes on Rock- ville Avenue and two at the corner of Philip Road that would be affected. 8:33 P.M. Town Manager, Robert M. Hutchinson, Jr. stated that the principal of Bowman School supported this construction. 8:37 P.M. Katherine G. Fricker questioned the safety of the school children and the school bus with the construction of a hump on Philip Road and wondered if the school principal was aware of this. Mr. Hanlon didn't know if the school principal was aware of this but felt that there was no cause for concern regarding safety. 8:39 P.M. William A. Ridgley felt that it should be brought to the attention of the meeting that a house had burned to the ground because the fire truck could not maneuver on this street and Judith J. Totman, a Town Meeting Member and resident of this area, spoke of the hazardous condition of the street. 8:42 P.M. Main motion, as presented by Mrs. Miley, declared carried unanimously. 8:43 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) xxxxg 535 Article 19. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a town way Sanderson Road from Bryant Road a distance of 1350 feet northerly, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1980, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously. 8:44 P.M. Article 20. Presented by Robert B. Kent. MOTION: That the Selectmen be and they hereby are authorized to reconstruct and improve the intersection of Adams and North Street, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate $53,000.00 for such reconstruction, improvements and land acquisition, and that such amount be raised in the tax levy. 8:45 P.M. Mr. Kent spoke of the dangerous traffic problem at this corner and stated that there would not be any street betterments but, where the sidewalk would be constructed, there would be sidewalk better- ments. He added that the Board of Selectmen unanimously supported this motion. 8:47 P.M. Donald B. White, Chairman of the Appropriation Committee, stated ? that although his committee was not unanimously opposed to this motion, they did have some reservations. 8:51 P.M. ='-In answer to questions raised by Neil Gray, Mr. Kent stated that the state would not allow a four way stop sign and if a two way stop sign was used, it could not be on the road from Burlington. It would have to be on the less traveled way. 8:53 P.M. L-- In answer to Elizabeth M. Flynn, the Town Engineer said that there would not be any road taking but there would be an easement. 8:53 P.M. Manfred P. Friedman informed the meeting that the Planning Board unanimously supported this proposal. 8:53 P.M. Town Meeting Members Edward W. Jervis, Jr. and Warren Roberts, both residents in this area, spoke for themselves and for the neighbor- hood in support of this proposal in the interest of safety. 8:55 P.M. Main motion, as presented by Mr. Kent, declared carried unanimously. 8:57 P.M. Article 21. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:57 P.M. Article 22. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $9,100.00 for such construction and land acquisition, and that such amount be raised in the tax levy. 8:57 P.M. XXX (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) 536 Article 22. Frank Sandy moved to amend the motion by deleting the figure of (Cont.) $9,100.00 and substituting therefor the figure of $13,300.00. 9 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported this amendment. 9:05 P.M. Motion to amend, as offered by Mr. Sandy, declared carried by voice vote. 9:07 P.M. Main motion, as amended, now reads: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $13,300.00 for such con- struction and land acquisition, and that such amount be raised in the tax levy. Main motion, as amended, declared carried unanimously. 9:08 P.M. Article 23. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1981 Annual Town Meeting. Carried Unanimously 9:08 P.M. Arthur C. Smith served notice of reconsideration of Article 22. 9:10 P.M. Article 24. Presented by Alfred S. Busa. MOTION: That the sum of $147,600.00 be appropriated for the pur- chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. 9:10 P.M. William A. Ridgley moved to amend the motion by striking the sum of $147,600.00 and substituting therefor the sum of $139,800.00. 9:13 P.M. Amendment as offered by Mr. Ridgley declared carried by voice vote. 9:18 P.M. Main motion, as amended, now reads: (As MOTION: That the sum of $139,800.00 be appropriated for the pur- adopted) chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. ii] Main motion, as amended, declared carried unanimously. 9:18 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) Article 25. Presented by Alfred S. Busa. MOTION: That the Town Manager be and he hereby is authorized with the approval of the Board of Selectmen to dispose of surplus Depart- ment of Public Works equipment, including a back-hoe shovel and pumping station equipment, valued in excess of $1000. Carried Unanimously. 9:20 P.M. Article 26. Presented by Margery M. Battin. [-- MOTION: That the sum of $24,000.00 be appropriated for the development of Westview Cemetery, and that to raise such amount $18,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund and $6,000.00 be raised in the tax levy. Carried Unanimously. 9:23 P.M. Article 27. Presented by Margery M. Battin. MOTION: That the sum of $510,000.00 be appropriated for providing curbside collection of solid waste, and that such amount be raised in the tax levy. 9:24 P.M. Mrs. Battin stated that the Board of Selectmen unanimously supported the recommendations of the Solid Waste Committee in going to town- wide rubbish collection. 9:28 P.M. James P. Reilly, Chairman of the Solid Waste Committee, stated that his committee recommended against separate collection of recyclables as at present it is not cost effective. They do recommend that the recycling bins be kept alive - possibly one or two days at the landfill or five days at the DPW building. 9:41 P.M. Appropriation Committee Chairman, Donald B. White, commended the Solid Waste Committee and stated that the Appropriation Committee supported this proposal. 9:42 P.M. Responding to James M. McLaughlin's comment that collections would be only for residential houses, Mrs. Battin said that that was correct as businesses would have to dispose of their own rubbish. She added that the town has a fixed bid and that if business pick-up was to be added, it would double the price. 9:44 P.M. The Town Manager informed the meeting that the trucks would be able to handle large objects on a weekly basis, not necessarily just twice a year. In regard to the pick-up company, he said that the town had investigated as best they could and were satisfied that they were a reputable concern and that there was no safety problem. Also, there are penalty clauses in the contract which should protect the town and/or citizens if damage is done. Responding to the concern of damage to the streets over which the heavy trucks would be driving, Mr. Hutchinson said that he didn't anticipate any problems. 10:02 P.M. Main motion, as presented by Mrs. Battin, declared carried unanimously. 10:03 P.M. [-- The Moderator stated that the meeting was now open on Article 4, Line Item 4900. (See Page 526) Article 4. Presented by Alfred S. Busa. Public Works Department #4900 D.P.W. Collective Bargaining Unit-Pers.Serv. 1,016,263 (*Of which $20,000 is to be transferred from the Westview Perpetual Care Fund) Carried Unanimously. 10:05 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) The Moderator stated that the meeting was now open on Article 4, Line Item 5800. (See Page 527) Article 4. Presented by Robert B. Kent. Garbage Collection #5800 Contract 7,200 Carried Unanimously. 10:05 P.M. The Moderator stated that the meeting was now open on Article 4, Line Item 5850. (See Page 527) Article 4. Presented by Robert B. Kent. Sanitary Land Fill #5850 Expenses 23,990 Carried Unanimously. 10:06 P.M. Article 28. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:08 P.M. Article 29. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to contract with the Northeast Solid Waste Committee for the disposal of solid waste, such contract to be generally in the form described in this article and on file in the office of the Town Clerk, with such changes as may be approved by the Selectmen. 10:09 P.M. Mrs. Battin spoke on this article and asked that Robert Hauser, Jr. of the Solid Waste Committee be recognized. In response to a question by Richard A. Michelson, Mr. Hauser said that this system would generate power and would sell to New England Power Company. 10:17 P.M. Donald B. White said that the Appropriation Committee, at this time, is not in favor of this proposal and wonders what will happen if it fails. 10:17 P.M. Jacqueline B. Davison served notice of reconsideration of Article 27. 10:18 P.M. Mary W. Miley served notice of reconsideration of Article 4, Line Items 4900, 5800 and 5850. 10:23 P.M. Article 29. George A. Burnell moved for indefinite postponement of Article 29 (Cont.) which was declared lost by voice vote. 10:32 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) Article 29. Fred C. Bailey moved the previous question which was declared (Cont.) carried by voice vote. 10:34 P.M. Main motion, as presented by Mrs. Battin, declared carried by voice vote. 10:35 P.M. Mary W. Miley moved that the meeting be adjourned to Monday, March 24, 1980 at 8 P.M. in Cary Memorial Hall. 10:35 P.M. The Moderator stated that he has been asked what would be coming up in the future meeting and, that the only thing that he could tell the meeting was that if Article 47 is not reached, a motion will be made to bring it up at next Monday's meeting. He said that is the information that has been given to him. 10:36 P.M. Frank Sandy brought up the question of meeting on Monday, March 31, 1980 as it is the eve of Passover. 10:36 P.M. Mary W. Miley, Chairman of the Board of Selectmen, asked the Moderator to get the sense of the meeting in regard to meeting on March 31. It was the unanimous sense of the meeting that there would not be a session of the 1980 Annual Town Meeting on March 31, 1980, the eve of Passover. 10:37 P.M. Mrs. Miley's motion that this meeting be adjourned to Monday, March 24, 1980 at 8 P.M. in Cary Memorial Hall was declared carried. 10:37 P.M. A true copy. Attest: ??1/4140/.. -?11) Ael/lItt4 A AlQ � Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD MARCH 24, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. The invocation was offered by Rev. Charles L. Wilson, Minister at the First Parish Church, Unitarian Universalist. 8:12 P.M. James M. McLaughlin moved that Article 47 be taken up, out of order, at this time as Ronald Fitgerald was available this evening. This motion was carried unanimously. 8:13 P.M. Article 47. Presented by Margery M. Battin. MOTION: That the Town accept the amendment to the agreement establishing the Minuteman Regional Vocational Technical School District as proposed by vote of the Minuteman School Committee on February 20, 1979 as set forth in this article. 8:14 P.M. Mrs. Battin explained that each new member town will pay to Minuteman for a period of ten years, commencing with the second year of the new town's membership and ending on the eleventh year of such member- ship, an annual surcharge of $400 per pupil enrolled on October 1st of the prior year. This surcharge would serve as partial reimburse- ment to the members of Minuteman for their payments of capital costs on Minuteman's original school building. The new towns are Bolton, Lancaster and Needham. 8:15 P.M. At Mrs. Battin's request, Ronald Fitzgerald, Superintendent of the Minuteman Vocational Technical School was recognized. Mr. Fitzgerald listed the following advantages for the current members as follows: 1. Adequate enrollment base for career exploration. 2. Holding down the cost per student. 3. Gaining a higher return on the initial investment in construction. 8:18 P.M. Main motion, as presented by Mrs. Battin, declared carried unanimously. 8:18 P.M. Mary W. Miley informed the meeting that the Selectmen will ask that Article 32 be postponed until after the next meeting following the Wednesday meeting. In other words, it will be the first meeting after next Wednesday's (March 26) meeting. The Moderator stated that the meeting was not at Article 32 yet. At that time, it will be in order to make a motion. 8:19 P.M. The Moderator, in response to the request of various members, asked for a sense of the meeting in regards to omitting a meeting on April 2, 1980 which is in Holy Week. (On March 19, 1980 a sense of the meeting vote was that there would not be a meeting on March 31, 1980, the eve of Passover.) The sense of the meeting was that there would not be a meeting on March 31, 1980 but that there would be a meeting on April 2, 1980. 8:21 P.M. Article 30. Presented by James F. Crain. MOTION: That the sum of $27,000.00 be appropriated to purchase an ambulance for the Fire Department, that such amount be raised in the tax levy, and that the Town Manager be authorized to trade in or sell another ambulance with the proceeds to be applied to the cost of the new ambulance. 8:21 P.M. After Mr. Crain explained the need for the new ambulance, his motion was declared carried unanimously. 8:23 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 31. Presented by James F. Crain. MOTION: That the sum of $125,000.00 be appropriated to purchase a new police communication system (Boston Area Police Emergency Radio Network) , and that such amount be raised in the tax levy. 8:23 P.M. Both the Board of Selectmen and the Appropriation Committee favor this proposal according to Robert B. Kent and Harry A. Hall, III. Mr. Hall added that if not purchased this year, the cost will be increased next year. 8:25 P.M. Captain Paul Furdon of the Lexington Police Department spoke on. this article and introduced Timothy Coogan, General Counsel of the Greater Boston Police Council. This council was formed ten years ago for improving the quality of police services. Mr. Coogan then gave an explanation of this new system and answered many questions. 8:37 P.M. Stephen Michael Politi served notice of reconsideration of Article 30. 8:38 P.M. Article 31. In response to a question by Sam Nablo, Mr. Coogan said that the (Cont.) system would be owned completely by the town. 8:45 P.M. 1 Main motion under Article 31, as offered by Mr. Crain, declared carried unanimously. 8:50 P.M. Article 32. James F. Crain moved, for the Board of Selectmen, that Article 32 be postponed until Wednesday, April 2, 1980. 8:51 P.M. (See Mr. Crain stated that the bid for Lex-Press was received a week Pages ago and as it has an escalator clause in it, the Selectmen feel 554 - that they need time to give the proper attention to details and 560) they also wish to have a proper dialogue with the Appropriation Committee. 8:52 P.M. Motion to postpone Article 32 until Wednesday, April 2, 1980 was declared carried unanimously. 8:53 P.M. Article 33. Presented by Margery M. Battin. MOTION: That the sum of $7,500.00 be appropriated for a needs (See assessment for a Senior Citizens Center and the determination of Pages the suitability of Munroe School and Muzzey Junior High School for 552 & such a facility, and that such amount be raised in the tax levy. 553) 8:53 P.M. Mrs. Battin reported to the town meeting as requested at the 1979 Annual Town Meeting. She stated that the Selectmen recommend the appropriation of $7,500 to do a thorough needs assessment for future needs. 9 P.M. Under Article 2, Mrs. Battin moved that the report as mandated by Article 31 of the 1979 Annual Town Meeting be accepted and placed on file. Carried Unanimously. 9 P.M. Donald B. White, for the Appropriation Committee, moved that this article be tabled until after Article 52, but he corrected his motion to postponement until after Article 52. 9:02 P.M. After general discussion, Mr. White moved to amend his motion to read that Article 33 be postponed until after Article 49. Amendment declared carried by voice vote. 9:09 P.M. Mr. White's motion, as amended, that Article 33 be postponed until after Article 49, declared carried by voice vote. 9:12 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 34. Presented by Norman N. Connolly. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Board of Health under G.L. c.40 s.5(40C) and a contract to be entered into with Central Middlesex Association for Retarded Citizens, Inc. (CMARC) , which contract shall provide that the funds from the Town shall be earmarked toward a contract procurement salaried position for CMARC, and that such amount be raised in the tax levy. 9:13 P.M. Robert Cassidy, Director of CMARC, gave an explanation and answered many questions. At the request of Renee Cochin, Mr. Cassidy read from the last audit report and stated that the total budget for the year was $238,847. 9:27 P.M. Margery M. Battin said that the Board of Selectmen recommended that the town meeting approve the appropriation of $5,000.00. Motion, as presented by Mr. Connolly, declared carried unanimously. 9:28 P.M. Article 35. Presented by Judith J. Uhrig. MOTION: That the sum of $14,650.00 be appropriated for the develop- ment of and upgrading neighborhood playgrounds and parks in such locations as the Recreation Committee may determine with approval of the Board of Selectmen, and that such amount be raised in the tax levy. 9:30 P.M. Mary W. Miley stated that although the Board of Selectmen are sympathetic to the work that the Recreation Committee has been doing, they are not in accord with this request. They feel that this project could be done within their regular operating budget. 9:33 P.M. Nyles Nathan Barnert expressed the support of the Capital Expendi- tures Committee and Donald B. White said that the Appropriation Committee did not support the motion. 9:34 P.M. Renee Cochin served notice of reconsideration of Article 34. 9:37 P.M. Article 35. Mary W. Miley said that the Selectmen feel that this year is not (Cont.) the year for these programs. 9:39 P.M. Motion, as presented by Mrs. Uhrig under Article 35, declared carried unanimously. 9:46 P.M. Article 36. Presented by Manfred P. Friedman. n (Approved MOTION: That the Zoning By-Law of the Town be reorganized as by Atty. described in this Article and as set forth in the draft on file General, in the office of the Town Clerk. July 28, 9:47 P.M. 1980. Posted in "Article 36 as described in the article in the warrant: Town Office Bldg. and To see if the Town will vote to amend the Zoning By-Law by (i) nine reordering and renumbering the existing By-Law, (ii) adding para- precincts graph titles and (iii) eliminating the sections relating to on Aug. 7, geographical descriptions of the various zoning districts (such 1980.) districts being shown on the Town Zoning District Map) in accord- ance with the draft on file in the offices of the Town Clerk and Planning Board, or act in any other manner in relation thereto." (ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING - MARCH 24, 1980.) Article 36. (For the draft as filed in the office of the Town Clerk. See in (Cont.) file with minutes, attendance record, reports etc. of the March 24, 1980 Adjourned Session of the 1980 Annual Town Meeting.) Mr. Friedman filed the Report of the Planning Board on Article 36 and stated that the Board unanimously supported this article. 9:50 P.M. Motion offered under Article 36 by Mr. Friedman, declared carried unanimously. 9:50 P.M. Article 2. David G. Williams moved that a report from the Conservation Commission be accepted and placed on file. Mr. Williams read the report. Carried Unanimously. 9:57 P.M. Article 37. Presented by Susan S. Solomon. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 140C on Assessors' Property Map 64 and described in deed recorded in Middlesex South Registry of Deeds, Book 11704, page 193, now or formerly of Rowena Robinson, that the sum of $37,000.00 be appropriated for such land acquisition, and that to raise such amount $1,000.00 be transferred from the appropria- tion voted under Article 52 of the warrant for the 1974 Annual Town Meeting and $36,000.00 be transferred from the appropriation voted p under Article 40 of the Warrant for the 1975 Annual Town Meeting. 9:58 P.M. L_ Donald B. White stated that the Appropriation Committee supported this motion. 10 P.M. In response to a question by Warren Roberts, Mrs. Solomon stated that the appraisal figure was $37,000. Motion, as offered by Mrs. Solomon, declared carried unanimously. 10:01 P.M. Article 38. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 6, 7 and 8 on Assessors' Property Map 73 and described in deed recorded in Middlesex South Registry of Deeds, r-- Book 10040, page 208 and in deed with Middlesex Probate Court Case #441107 now or formerly of Rita J. Breslin and Theresa G. McNamara and the Estate of Joseph Goodwin, subject to a road easement and to the existing Boston Edison Company transmission line easement, and that the sum of $50,000.00 be appropriated for such land acquisition, and that to raise such amount $25,000.00 be transferred from the appropriation voted under Article 55 of the Warrant for the 1976 Annual Town Meeting and $25,000.00 be transferred from the appropria- tion voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. 10:02 P.M. Donald B. White stated that the Appropriation Committee supported this motion. 10:05 P.M. Mr. Smith's motion declared carried unanimously. 10:05 P.M. F _ (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 39. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 53G on Assessors' Property Map 16 and described in deed recorded in Middlesex South Registry of Deeds, Book 9271, page 407, now or formerly of Trinity Covenant Church --1 that the sum of $100,000.00 be appropriated for such land acquisi- tion, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:07 P.M. Donald B. White stated that the Appropriation Committee supported this article. 10:09 P.M. Motion, as offered by Mrs. Frick, declared carried unanimously. 10:10 P.M. Article 40. Francis W. K. Smith moved that Article 40 be tabled. 10:10 P.M. Carried Unanimously. 10:10 P.M. (See Page 586) Article 41. Presented by Shirley H. Stolz. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, 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 2 on Assessors' Property Map 19, Lot 58 on Assessors' Property Map 31, Lot 111 on Assessors' Property Map 78, Lot 57 on Assessors' Property Map 88 and Lots 23, 29 and 31 on Assessors' Property Map 90. 10:12 P.M. Mrs. Stolz listed the locations as follows: Lot 2: Waltham line. Lot 58: Corner of Marrett Road and Bacon Street. Lot 111: Parker School transfer. Lot 57: James Street lot. Lots 23, 29 & 31: Adjacent to the Marvin Street playground. 10:15 P.M. Donald B. White stated that the Appropriation Committee supported this motion. 10:18 P.M. Because of the use of conservation land as agriculture land last year, Elaine Dratch asked if hearings would be held in the future if this was to happen again and Francis W. K. Smith answered in the affirmative. Mrs. Dratch then asked if any of the takings this year could be used as agricultural land and Shirley Stolz answered �I in the negative. 10:25 P.M. J Motion, as offered by Mrs. Stolz, declared carried unanimously. 10:26 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) L Article 42. Presented by Shirley H. Stolz. MOTION: That the sum of $10,000.00 be appropriated to the Con- servation Fund, established by vote under Article 9 of the warrant for the Special Town Meeting of June 8, 1964, and that such amount be raised in the tax levy. Carried Unanimously. 10:29 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, March 26, 1980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 10:31 P.M. A true copy. Attest: 74 ,L2'liu R_ 7)404444 !` Mary R. McDonough, Town Clerk r^-^ I ; SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT SIX March 26, 1980 A special election for Town Meeting Members of Precinct Six only was held Wednesday, March 26, 1980 at 7:30 P.M. in Estabrook Hall to fill the vacancy caused by the resignation of H. Bigelow Moore, 50 Hancock Street on March 17, 1980. As there was no defeated candidate from the March 3, 1980 Annual Town Election available, it was necessary for the existing members from Precinct Six to elect a member from among the registered voters of Precinct Six. There were eleven (11) Town Meeting Members from Precinct Six present. Susan S. Solomon acted as Chairman of the meeting and Margaret N. Brooke .� acted as Clerk of the meeting. The following nominations were made from the floor: Name and Address Nominated By Judith B. Marshall, 6 Chandler Street Edith Sandy Dean H. Curtin, 33 Adams Street Earl F. Baldwin, Jr. The election was held by secret (paper) ballot, counted by the Chairman and the Clerk, results as follows: Candidate Votes Received Judith B. Marshall 9 Dean H. Curtin 2 Total 11 Judith B. Marshall was duly elected as a Town Meeting Member in Precinct Six for a term ending in March 1981 and hereby accepts her election. Six Town Meeting Member Position in Precinct/(until March 1981) is hereby accepted. /Signed/ Judith B. Marshall 6 Chandler Street /Signed/ Susan S. Solomon, Chairman /Signed/ Margaret N. Brooke, Clerk ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD MARCH 26, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. in Cary Memorial Hall at 8:08 P.M. There were 173 Town Meeting Members present. The invocation was offered by Rev. Ted R. Peterson, Rector of the Church of Our Redeemer. 8:10 P.M. Article 2. Manfred P. Friedman moved that the Report of the Lexington Planning Board to the 1980 Town Meeting on Current Land Use and Developments in Lexington be accepted and placed on file. Carried Unanimously. 8:10 P.M. Manfred P. Friedman, Chairman of the Planning Board, announced the appoint- ment of the new Planning Director - Robert A. Bowyer, 7 Woodcliffe Road, Lexington, Mass. 8:12 P.M. Town Manager, Robert M. Hutchinson, Jr. then spoke of the appointment and introduced Mr. Bowyer. 8:13 P.M. Robert A. Bowyer, who is an elected Town Meeting Member from Precinct Three, then spoke to the meeting. He stated that, as a result of a discussion with the Town Manager, it was felt that it would be inappropriate for him (Bowyer) to serve as a Town Meeting Member while being a paid employee as there could be a conflict because of the position that he would hold. He said that he would resign as a Town Meeting Member from Precinct Three effective tomorrow (March 27, 1980) and that he would also resign as an Associate Member of the Board of Appeals. He added that he would not vote on or get into any discussion on any article this evening. Mr. Bowyer filed both resignations (as mentioned above) with the Town Clerk. 8:15 P.M. r®^ Article 2. Chairman of the Board of Selectmen, Mary W. Miley stated that the Board of Selectmen had met this evening with the Appropriation Committee and the Capital Expenditures Committee and wanted the meeting to know what was being planned on upcoming articles. All financial articles, with the exception of the Lex-Press article which is to be brought up on April 2, 1980, will be brought up after Article 49. Article 3 would propose supplemental appropriations for Line Items 5250, 5600 and 7550 under Article 4. Line Items 3770 and 3800, also under Article 4, should be voted at $879,895 and $160,425 since no Police contract is in the immediate offing and a Special Town Meeting will be necessary to deal with these costs. 8:20 P.M. Article 43. Presented by Frank I. Michelman. MOTION: That the sum of $138,000.00 be appropriated for re- modelling, reconstructing or making extraordinary repairs to the high school library and science facilities, and that such amount be raised in the tax levy. 8:20 P.M. Mr. Michelman gave a detailed explanation of this motion. 8:30 P.M. Nyles Nathan Barnert stated that the Capital Expenditures Committee felt that the need had been demonstrated and therefore supported this motion. 8:31 P.M. Donald B. White stated that the Appropriation Committee felt that the timing was good and therefore supported this motion. 8:31 P.M. al (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 43. Marthur H. Kalil questioned about accreditation if this remodelling (Cont.) was not authorized and Mr. Michelman answered that accreditation was not in any immediate danger. 8:32 P.M. In response to a question by Robert I. Rotberg, Mr. Michelman said that the work would be performed and finished during the summer and therefore should not interfere with the students and teachers during the school year. After general discussion, the motion, as offered by Mr. Michelman, was declared carried unanimously. 8:54 P.M. Article 44. Presented by Patricia A. Swanson. MOTION: That the sum of $331,760.00 be appropriated for installing energy saving equipment in the school buildings of the Town, and that such amount be raised in the tax levy. 8:55 P.M. Donald B. White said that the Appropriation Committee had voted to approve this expenditure prior to the increase in the transportation budget and are not changing their approval, but, they do have some questions. They urged the School Committee to have a good look at the major expenditures. 8:57 P.M. Nyles Nathan Barnert expressed the strong support of the Capital Expenditures Committee in regard to this motion. 8:59 P.M. George A. Burnell moved to amend the motion by striking the figure of $331,760. and inserting therein the amount of $172,981. This motion to amend was declared lost by voice vote. 9:09 P.M. Main motion, as presented by Mrs. Swanson, declared carried unanimously. 9:10 P.M. Article 45. Presented by Mary W. Miley. MOTION: That the care, custody, management and control of the Adams School and the land adjoining it be transferred from the School Department to the Board of Selectmen effective September 1, 1980; to appropriate for such care, custody, management and control the sum of $10,000.00 therefor; that such amount be raised in the tax levy; and that the School Committee be authorized to dispose of surplus personal property and material in connection with the transfer of surplus buildings and the use of remaining buildings. 9:10 P.M. Frank Sandy asked if the Selectmen planned to lease the Adams School next year and wondered if they had any potential tenants. Mrs. Miley answered that the Selectmen did not have any plans but would proceed with the same process as had been utilized with the other schools that had been turned over to the town. 9:12 P.M. James E. Barry asked if the playground would be conveyed at this time and Dr. John Lawson, School Superintendent, answered that the playground was not under the control of the School Committee. Mrs. Miley said that the Selectmen do not intend to convey any property at this time. 9:15 P.M. Patricia K. Hagedorn asked about the playground at Parker School and Norman P. Cohen, Town Counsel, said that the playground at Parker had been under the control of the School Committee. The Town Manager said that Adams had a unique situation as the play- ground at Adams School was under the control of the town. 9:18 P.M. Richard A. Michelson moved that this article be tabled but this motion was declared lost by voice vote. 9:19 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 45. James M. McLaughlin moved the previous question which was declared (Cont.) carried by voice vote. 9:24 P.M. Voice vote on main motion, as presented by Mary W. Miley, was not unanimous, so the Moderator asked for a standing vote with results as follows: Precinct In Favor Tellers Opposed 1 5 Cornelia C. Johnson 4 2 19 Mary M. McIver 0 3 12 Joy C. Buchfirer 2 4 16 Germania B. Whiting 0 5 20 Madeline A. Shaughnessy 0 6 15 Margaret N. Brooke 0 7 17 John E. Taylor 0 8 17 Charles E. Connolly 0 9 14 Deborah B. Green 1 At Large 18 William J. Dailey, Jr. 2 Totals 153 9 Main motion, as presented by Mrs. Miley, declared adopted. 9:27 P.M. Article 46. Presented by Margery M. Battin. MOTION: That the Town accept Section 71E of Chapter 71 of the General Laws. 9:27 P.M. (Chapter 71, Section 71E. EXPENDITURE OF RECEIPTS FROM ADULT EDUCATION, CONTINUING EDUCATION, SUMMER SCHOOL, AND COMMUNITY SCHOOL PROGRAMS. In any city or town which accepts this section, all moneys received by the school committee in connection with the conduct of adult education and continuing education programs, including, but not limited to adult physical fitness programs conducted under section seventy-one B, summer school programs, and programs designated by prior vote of said committee as community school programs, and in connection with the use of school property under section seventy-one, shall be deposited with the treasurer of the town or city and held as separate accounts. The receipts held in such a separate account may be expended by said school committee without further appropriation for the purposes of the program or programs from which the receipts held in such account were derived or, in the case of the use of school property account, for expenses incurred in making school property available for such use, not- withstanding the provisions of section fifty-three of chapter forty-four of the General Laws. A city or town may appropriate funds for the conduct of any such program or for expenses incurred in making school property available for such use, which funds shall be expended by the school committee in addition to funds provided from other sources. Three years from the date a city or town accepts the provisions of this paragraph, and every third year thereafter, said city or town may act to rescind its original acceptance.) Motion, as presented by Mrs. Battin, declared carried unanimously. 9:28 P.M. ** 1 Article 48. Presented by James F. Crain. MOTION: That the Town establish an unemployment compensation fund pursuant to Section 5E of Chapter 40 of the General Laws, and that the unexpended balance of line item 1725 of the current fiscal year budget be transferred to such fund. Carried Unanimously. 9:28 P.M. ** Article 47. (See Page 540) - ) (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 49. Presented by James F. Crain. MOTION: That the unused borrowing authorizations of $10,000 voted under Article 17 of the Warrant for the 1973 Annual Town Meeting and $35,000 voted under Article 55 of the Warrant for the 1973 Annual Town Meeting be hereby rescinded. Carried Unanimously. 9:29 P.M. Article 3. Presented by Robert B. Kent. (See Page 523) MOTION: That the sum of $35,000.00 be appropriated for the following line items, to be used in conjunction with money appropriated under Article 4 of the Warrant for the 1979 Annual Town Meeting, and that to raise such amount $35,000.00 be transferred from the Excess and Deficiency Account. Account # Amount 5250 $14,000.00 5600 15,000.00 7550 6,000.00 9:31 P.M. Mr. Kent explained that Account #5250 was for roof repair at the Visitors Center and energy costs and #5600 Street Lights was also for increased energy costs. The total requests for Reserve Fund transfers are $130,372 against a current balance of $108,752.46. These requests total $35,000 leaving an anticipated balance of $13,380.46 in the Reserve Fund if Article 3 is adopted. 9:33 P.M. Donald B. White said that the Appropriation Committee supported this motion. 9:33 P.M. Roy Weinstein moved that Article 3 be amended to include $10,000. to .� cover added rental space in the Church of Our Redeemer for the remainder of the present fiscal year. 9:37 P.M. ®, The Moderator called a recess at 9:37 P.M. and called the meeting to order again at 9:45 P.M. Article 3. Roy Weinstein asked that his amendment be withdrawn and there were (Cont.) no objections, therefore, the Moderator declared the amendment withdrawn. 9:49 P.M. Motion, as presented by Mr. Kent, declared carried unanimously. 9:55 P.M. Article 4. Presented by Alfred S. Busa. (See Page 525) Police Department #3770 Police Dept. Collective bargaining unit-Per.Ser. $879,895. Carried Unanimously. 9:56 P.M. Article 4. Presented by Alfred S. Busa. (See Page 525) Police Department #3800 Expenses 160,425. *To which the sum of $25,000. in available and anticipated P.L. 92-512 as amended by P.L. 94-488 (General Revenue Sharing Funds) is to be applied. Carried Unanimously. 9:57 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 5. Presented by James F. Crain. (See Page 530) MOTION: That $255,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan, and that such amount be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: ACCT. # DEPARTMENT 1000 SELECTMEN 1060 TOWN MANAGER 1070 TEMPORARY HELP 1075 CLERICAL POOL 1130 DIRECTOR OF GUIDES 1150 TOWN CLERK 1500 BOARD OF APPEALS 1600 PLANNING BOARD 2000 BOARD OF REGISTRARS 2470 RECREATION 2500 TREASURER/COLLECTOR 2800 COMPTROLLER 2950 ASSESSOR 3250 HEALTH 3500 ANIMAL CONTROL 3760 POLICE MGT & STAFF 4110 FIRE MGT & STAFF 4120 FIRE COLL. BARGAINING 4450 INSPECTION 4950 DPW MGT. & STAFF 5100 ENGINEERING 5200 TOWN BUILDING MAINTENANCE 7100 VETERANS' SERVICES 7500 LIBRARY 7825 NON-CONTRIBUTORY PENSIONS 9:58 P.M. Robert A. Bowyer filed written notification that he would abstain from voting on Article 5 due to a conflict of interest. Mr. Crain gave an explanation of Article 5. 10:02 P.M. Patricia K. Hagedorn served notice of reconsideration of Line Items #3770 and #3800 under Article 4. 10:03 P.M. Article 5. After general discussion, the main motion, as presented by (Cont.) Mr. Crain, was declared carried unanimously. 10:06 P.M. f---- Article 7. Presented by James F. Crain. (See Page 530) MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:06 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 33. Presented by Margery M. Battin. (See Page 541) MOTION: That the sum of $7,500.00 be appropriated for a needs assessment for a Senior Citizens Center and the determination of the suitability of Munroe School and Muzzey Junior High School for such a facility, and that such amount be raised in the tax levy. 10:07 P.M. Donald B. White stated that the Appropriation Committee's approval of the $7,500.00 appropriation was contingent on the idea that the Board of Selectmen and Town Manager would work with the Appropria- tion Committee and keep them apprised of phase one before going to -� phase two. 10:10 P.M. Arthur C. Smith moved to amend by striking the figure of $7,500. and substituting therefor the amount of $42,000. 10:10 P.M. The Capital Expenditures Committee, through Nyles Nathan Barnert, urged defeat of the amendment and support of the main motion. 10:16 P.M. Renee Cochin asked, if this amendment was adopted, if the Selectmen would be able to use any of the money for plans and specifications. Mrs. Battin answered that, in her opinion, it would not be possible. 10:20 P.M. The Moderator stated that as he had seen another amendment on the floor that would accomplish the same thing as Mr. Smith's amend- ment with the addition of plans, he wondered if Mr. Smith wanted to withdraw his motion. Mr. Smith did withdraw his motion, and, as there were no objections, the Moderator stated that the motion to amend, as offered by Mr. Smith, was withdrawn. 10:22 P.M. Steven A. Clark moved that the motion under Article #33 be amended to read as follows: That the sum of $42,500.00 be appropriated for a needs assessment for Senior Citizen facilities and the determination of the suit- ability of Munroe School & Muzzey Junior High School for a Senior Citizen's Center, and once the site has been identified, for the rendering of architectural plans for such a facility, and that such amount be raised in the tax levy. 10:23 P.M. Donald B. White stated that the Appropriation Committee did not support this motion to amend. 10:25 P.M. Manfred P. Friedman moved to amend the amendment as follows: I move that the words "and other sites" be inserted after the words "Muzzey Jr. High School". 10:36 P.M. Donald J. Shaw moved the previous question. 10:43 P.M. The Moderator explained to the meeting the procedure that would be followed if the previous question prevailed: 1. vote on the amendment to the amendment. If that prevails - 2. vote on the amendment as amended. If that prevails - 3. go back to the main motion (the main motion would be Clark's motion as amended by Friedman) . 10:44 P.M. Voice vote on previous question was doubted by the Moderator, so he asked for a standing vote as follows: Precinct In Favor Tellers Opposed 1 6 Cornelia C. Johnson 7 2 5 Mary M. McIver 15 3 3 Joy C. Buchfirer 12 4 7 Germania B. Whiting 9 5 8 Madeline A. Shaughnessy 10 6 2 Margaret N. Brooke 11 7 4 John E. Taylor 13 8 15 Charles E. Connolly 3 9 7 Deborah B. Green 7 At Large 13 William J. Dailey, Jr. 5 Totals 70 92 Previous question does not prevail. 10:47 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 33. Mr. Friedman's motion to amend the amendment was declared carried (Cont.) by voice vote. 10:48 P.M. Mr. Clark's amendment, as amended by Mr. Friedman, declared lost s by voice vote. 10:48 P.M. Margery M. Battin moved to amend the motion under Article 33 to add the words "and other sites" after the words Muzzey Junior High School. This motion was declared carried by voice vote. 10:58 P.M. Jacqueline B. Davison presented an amendment, this amendment was signed by Julian J. Bussgang, as follows: Motion: To add words "and other compatible uses" following "Senior Citizen Center". 11 P.M. Patricia K. Hagedorn moved to table Article 33 which was declared lost by voice vote. 11:01 P.M. George A. Burnell moved the previous question which was declared lost by voice vote. 11:03 P.M. Renee Cochin moved the previous question which was declared carried by voice vote. 11:07 P.M. Amendment, as signed by Mr. Bussgang and presented by Mrs. Davison, declared carried by voice vote. 11:07 P.M. Main motion as amended now reads: (As MOTION: That the sum of $7,500.00 be appropriated for a needs adopted) assessment for a Senior Citizens Center and other compatible uses and the determination of the suitability of Munroe School and Muzzey Junior High School and other sites for such a facility, and that such amount be raised in the tax levy. ('""` Carried Unanimously. 11:10 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, April 2, 1980 at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote. 11:11 P.M. A true copy. Attest: ?ri1 • ` +144 Mary R. McDonough, Town Clerk [I- Robert A. Bowyer, 7 Woodcliffe Road, resigned as a Town Meeting Member from Precinct Three effective March 27, 1980. Jean Gaudet, 12 Stedman Road, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Three at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct Three effective March 31, 1980. Mrs. Gaudet will fill the vacancy caused by the resignation of Mr. Bowyer. _. f. ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 2, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. The invocation was offered by Rev. Richard Borngen, Pastor of the Pilgrim Congregational United Church of Christ. 8:08 P.M. Article 2. Because of new instructions from the state regarding the tax cap, Mary W. Miley, Chairman of the Board of Selectmen, explained that Articles 50, 51 and 52 would be tabled to the end of the meeting. She added that if any financial articles are to be reconsidered, that they should be brought up before Articles 50, 51 or 52. 8:09 P.M. Esther S. Arlan moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 8:10 P.M. Article 32. Presented by James F. Crain. (See Page 541) MOTION: That the sum of $180,000.00 be appropriated to fund a (As local transportation system, that such amount be raised in the tax adopted) levy, and, in addition, that the Selectmen be authorized to apply for, accept and expend funds from the MBTA in connection therewith and to contract with a private transit company to provide trans- portation services. 8:12 P.M. Joyce Hals gave written notice that, because of a conflict of ,_,,,,J interest, she would not vote on Article 32. Mr. Crain explained that the usage of the system outstripped all estimates and introduced Sally Castleman, Chairman of the Trans- portation Advisory Committee. 8:13 P.M. Mrs. Castleman told the meeting that the needs as explained to last years town meeting (1. Elderly; 2. Youth; 3. Parents; 4. Handicapped and 5. Commuters) had been filled by Lex-Press. She listed the following for the six month ridership: 1. Elderly $ 15,800. 2. Youth 107,400. 3. Other 35,400. Total $158,600. Other benefits listed by Mrs. Castleman: 1. Town Center; 2. Other businesses; 3. Energy; and 4. Town Spirit. She added that Lex-Press averages 22.6 riders per hour over the whole day. 8:20 P.M. Fred D. Rosenberg, a member of the Transportation Advisory Committee, then spoke of the fuel escalation clause in the bid and added that there would be a probable increase of 40% in the fare cost - up from 25 to 40G or a book of coupons at 35 each per coupon. 8:31 P.M. Warren Roberts moved to amend Article 32 by striking the amount, $180,000. , and substituting therefor the amount, $50,000. 8:31 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980.) z; _ Article 32. Introduced by David Reiner, Mrs. Selma F. Baron, a resident of (Cont.) Gould Road and a multiple sclerosis patient, told the meeting that Lex-Press had opened up a new life for her and that she was no longer confined to her home. 8:38 P.M. Mr. Robert's motion to amend Article 32 was declared lost by voice vote. 8:42 P.M. Donald B. White, Chairman of the Appropriation Committee, moved to delete the sum of $180,000. and substitute therefor the sum of $132,380. 8:43 P.M. Mr. White explained that Lex-Press should operate on a limited basis from September to June. He stated that his committee had intended to support the original figure of $100,000. that was in the motion for a full twelve month period. He added that the figure of $180,000. for the nine month period would be $240,000. for the full twelve months. He asked the question "Does it (Lex-Press) serve a town need or a town convenience?" 8:50 P.M. Mr. Rosenberg said that if the appropriation was reduced, that one way of living within the budget would be reduced services between 9 A.M. and 12 Noon although the highest use by the elderly is between 9 A.M. and 2 P.M. 8:53 P.M. Mr. Crain explained that the difference in the tax rate, between the $180,000. or $132,380. appropriation, would be 67 or 49 and he felt that there is a real need for this service. 8:55 P.M. Mrs. Simmons of William Roger Greeley Village spoke, from the balcony, for the elderly. She said that the elderly use this service for the most part in the morning as the buses are usually crowded with students in the afternoon. 8:57 P.M. Selectman Alfred S. Busa urged support of the amendment as offered F-- by Mr. White. 8:58 P.M. Edith Sandy requested a roll call on the vote on the amendment and the Moderator asked for a standing vote for those in favor of the roll call, with results as follows: Precinct In Favor Tellers 1 7 Cornelia C. Johnson 2 6 William E. Bicknell 3 9 William A. Ridgley 4 3 Germania B. Whiting 5 4 Madeline A. Shaughnessy 6 10 Margaret N. Brooke 7 9 John E. Taylor 8 2 Charles E. Connolly 9 8 Deborah B. Green At large 3 William J. Dailey, Jr. Total 61 More than the required fifty members having voted in favor, the Moderator declared that a roll call vote would be taken on the amendment as offered by Donald B. White. The roll call vote on the motion to amend Article 32, as offered by Donald B. White, was taken by the Town Clerk, Mary R. McDonough, starting at 9:04 P.M. and completed at 9:15 P.M. The final tally was completed at 9:21 P.M. with the following results: (Final result announced by the Moderator at 9:21 P.M.) (See next page) (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980.) Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (Cont. ) PRECINCT ONE YES NO ABSTAINED ABSENT Avery, John T. x Barry, James E. x Barter, Nancy L. x Busa-Tassone, Sheila x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. Clemon-Karp, Sheila x Doran, Stephen W. x Eagle, David F. x Hagedorn, Patricia K. x Johnson, Cornelia C. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 9 9 0 3 PRECINCT TWO Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Dooks, Karen A. x Fisher, Laura E. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wik, Lynda A. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. TOTALS 5 13 0 3 PRECINCT THREE Aaronson, Phyllis x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x l Carroll, John P. x Davison, Jacqueline B. x __J Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) "' — Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Riffin, Paul V. x 2 Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x TOTALS 3 17 0 1 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Berg, Anne Gilmer x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Germania B. x F-- TOTALS 3 16 1 PRECINCT FIVE Brown, Otis S. Jr. x Clark, Steven A. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Miller, Stephen W. x Roberts, Warren x Shaughnessy, Madeline A. x Silva, James L. x Taylor, Lloyd D. x i--- — — — Williams, David G. x TOTALS 10 8 1 2 PRECINCT SIX Bailey, Fred C. x Baldwin, Earl F. Jr. x Boggia, Dorothy M. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x 9 t - =70 (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT SIX (CONT.) YES NO ABSTAINED ABSENT Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x Marshall, Judith B. x McDevitt, James L. x Nablo, Ruth Joyce x Nablo, Sam V. x i Olson, Setha G. x Page, William R. x Sandy, Edith x "� Sandy, Frank x Solomon, Susan S. x Spencer, William T. x White, Donald B. x TOTALS 5 15 0 1 PRECINCT SEVEN Barabush, Elizabeth M. McHugh x Bond, Robert E. x Burnell, George A. x Campbell, John R. x Cochin, Renee T. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x „_ Scouler, William J. x Taylor, John E. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x _ TOTALS 5 16 0 0 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Mancini, Anthony L. x McCabe, A. Patricia x McLaughlin, James M. x Michelson, Richard A. x Miller, Natalie I. x Nichols, Laura F. x Osgood, Gordon R. x Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 4 13 0 4 (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) k '7;: Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT NINE YES NO ABSTAINED ABSENT Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Louise G. R. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Power, Daniel E. x Ricci, Susan J. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 5 11 0 5 TOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x TOTALS 1 7 1 0 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTAL 1 9 9 0 3 21. 2 5 13 0 3 21 3 3 17 0 1 21 4 3 16 1 1 21 5 10 8 1 2 21 6 5 15 0 1 21 7 5 16 0 0 21 8 4 13 0 4 21 9 5 11 0 5 21 At Large 1 7 1 0 9 TOTALS 50 125 3 20 198 The Moderator declared that the motion to amend Article 32, as offered by Donald B. White, does not prevail. 9:21 P.M. After general discussion, Stanley E. Toye moved the previous question which was declared carried by voice vote. 9:29 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 32. The Moderator stated that he would now take the vote on the main (Cont.) motion, as presented by Mr. Crain (See Page 554) , and as he knew that the vote would not be unanimous he asked for a standing vote, results as follows: Precinct In Favor Tellers Opposed 1 9 Cornelia C. Johnson 3 2 13 William E. Bicknell 3 3 20 William A. Ridgley 0 4 14 Germania B. Whiting 0 5 10 Madeline A. Shaughnessy 8 -, 6 17 Margaret N. Brooke 0 7 16 John E. Taylor 2 8 16 Charles E. Connolly 0 9 14 Deborah B. Green 0 At Large 15 William J. Dailey, Jr. 5 Total 144 21 Main motion, as presented by Mr. Crain (See Page 554) , declared adopted. 9:35 P.M. Article 50. Alfred S. Busa moved to table Article 50. Carried Unanimously. 9:35 P.M. (See Page 589) Article 51. Alfred S. Busa moved to table Article 51. 9:35 P.M. The Moderator stated that the motion to table Article 51 would also (See table Article 4 - Line Item 7810 as it had previously been moved Page (March 17, 1980 - Page 529) that this item be postponed, to be 589) taken up after Article 51. (See this page - below) Mr. Busa's motion to table Article 51 was declared carried by voice vote. 9:36 P.M. Article 52. Alfred S. Busa moved to table Article 52. Carried by voice vote. 9:36 P.M. (See Page 589 & 590) Article 53. Presented by Alfred S. Busa. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously. 9:37 P.M. James F. Crain moved that Article 4 - Line Item 7810 be taken off the table and this motion was declared carried by voice vote. 9:37 P.M. Article 4. Presented by James F. Crain. (See Page 529 and this page - above) Board of Retirement #7810 Pension Funding $ 200,000 Carried Unanimously. 9:40 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) - - Article 54. Presented by Mary W. Miley. MOTION: That the Town accept Section 26C of Chapter 148 of the General Laws. 9:40 P.M. (CHAPTER 148, SECTION 26C. SMOKE OR HEAT DETECTORS FOR DWELLINGS NOT OTHERWISE REGULATED. In any city or town which accepts this section, apartment houses containing six or more dwelling units, hotels, boarding or lodging houses, or family hotels which are not regulated by sections twenty-six A and twenty-six B shall be equipped with an automatic smoke or heat detector in each dwelling unit and each hallway floor. The head of the fire department as defined in section one shall enforce the provisions of this section.) Fire Chief, John Bergeron explained that this would cover all buildings built prior to 1975 as all buildings built after that date were required to have the detectors. In answer to a question by Patricia K. Hagedorn, Chief Bergeron said that the buildings affected would be: Sheraton Motor Inn, Chalet Motel, Battle Green Inn, Emerson Gardens, St. Brigid's Housing, Wildacre Inn etc. He added that the detectors must be maintained by the owner or owners. 9:51 P.M. Main motion, as presented by Mrs. Miley, declared carried unanimously. 9:52 P.M. Article 55. Presented by Karsten Sorensen. MOTION: That the name of Emerson Road, at the end of Maureen Road, be changed to East Emerson Road. 9:52 P.M. Mr. Sorensen filed the report of the Planning Board covering Article 55 which unanimously recommended adoption of this article. Motion, as presented by Mr. Sorensen, declared carried unanimously. 9:53 P.M. Robert B. Kent moved that Articles 56, 57 and 58 be taken up together. 9:53 P.M. The Moderator stated that these articles could be taken up and discussed together but would be voted on separately. 9:53 P.M. Mr. Kent's motion that Articles 56, 57 and 58 be taken up together was declared carried unanimously. 9:53 P.M. Article 56. Presented by Robert B. Kent. MOTION: That Section 23 of Article V of the General By-Laws of the Town of Lexington be amended by adding the following sentence at the end thereof: "A vote of two-thirds of the town meeting members present and voting shall be required for the passage of a motion to reconsider." 9:54 P.M. Mr. Kent gave an explanation of the reasons behind this article, one being the length (14 sessions) last year and the trend of re- considerations and stated that the Board of Selectmen unanimously supported this article. 10 P.M. Warren Roberts moved that Article 56 be amended by adding the following to the sentence: . . . . a previously failed motion; a vote of one-third shall be required for the adoption of a motion to reconsider a previously passed motion. 10:05 P.M. Mr. Roberts' motion to amend declared lost by voice vote. 10:05 P.M. ., -, (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 56. Opposition was voiced by many of the members and Lincoln P. Cole, Jr. (Cont.) left the rostrum as Moderator (Town Counsel, Norman P. Cohen acted as Temporary Moderator) to speak in opposition to Articles 56, 57 and 58 and urged defeat of all three. 10:14 P.M. Motion, as offered by Mr. Kent under Article 56, declared lost by voice vote. 10:20 P.M. Article 57. Presented by Martha C. Wood. MOTION: That Section 7 of Article V of the General By-Laws of the Town of Lexington be amended by adding the following sentence at the end thereof: Except in a session in which all articles have been taken up, no motion to reconsider a vote shall be acted upon unless the meeting has been informed, through the moderator, at least one session in advance of the date at which the motion is proposed to be taken up. 10:20 P.M. After general discussion, Louis E. Conrad moved that Article 57 be amended as follows: after the words "no motion" should be added the following "to take off the table or". 10:27 P.M. Standing vote on Mr. Conrad's motion to amend as follows: Precinct In Favor Tellers Opposed 1 2 Cornelia C. Johnson 11 2 14 William E. Bicknell 3 3 8 William A. Ridgley 8 4 4 Germania B. Whiting 12 5 13 Marjorie M. Daggett 5 6 3 Margaret N. Brooke 12 7 9 John E. Taylor 9 8 9 Charles E. Connolly 7 J 9 9 Deborah B. Green 6 At Large 6 William J. Dailey Jr. 12 Totals 77 85 The motion to amend Article 57, as presented by Mr. Conrad, does not prevail. 10:35 P.M. Moderator Cole again left the rostrum (Town Counsel, Norman P. Cohen acted as Temporary Moderator) and voiced his opposition on this article and Article 58. 10:37 P.M. After general discussion, Joseph O. Rooney moved the previous question which was declared carried by voice vote. 10:47 P.M. Main motion, as presented by Mrs. Wood, declared lost by voice vote. 10:47 P.M. Article 58. Presented by Arthur C. Smith. MOTION: That Section 23 of Article V of the General By-Laws of the Town of Lexington be amended by deleting it and substituting there- for the following: Section 23. Debate on a motion to reconsider shall be limited to 15 minutes. The maker of a motion to reconsider shall not speak for more than five minutes and shall demonstrate that the motion to reconsider is based on new or additional information not previously presented to the meeting. No other person shall speak for more than three minutes nor more than once without the leave of the meeting. 10:47 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 58. After much opposition by many of the members, including the (Cont.) Moderator, Lincoln P. Cole, Jr. , John J. McWeeney moved the previous question which was declared carried by voice vote. 11:01 P.M. Main motion, as presented by Mr. Smith, declared lost by voice vote. 11:01 P.M. Mary W. Miley moved that this meeting be adjourned to Monday, April 7, 1980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 11:01 P.M. A true copy. Attest: *7 '\ ?) e Mary R. McDonough, Town Clerk P L %� ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 7, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 184 Town Meeting Members present. The invocation was offered by Rev. George C. Papademetriou, Pastor of the St. Nicholas Greek Orthodox Church. 8:08 P.M. Article 2. Mary E. Shunney, moved that the joint report under Article 74 - 1979 Town Meeting - Lexington Housing Authority and Lexington Planning Board - The Housing Policy Plan - 1979/1980 be accepted and placed on file. Carried Unanimously. 8:10 P.M. Article 59. Presented by Robert B. Kent. MOTION: That Article XXV of the General By-Laws of the Town of (Approved Lexington be amended by adding thereto a new Section 28 as by Atty. follows: General, July 28, "Section 28. No person shall install, maintain or use a 1980. mechanical protection device that is automatically keyed to or Published activates the telephone numbers or lines controlled by or listed in Lexington to the Police Department or Fire Department, without written approval Minute Man of the Department Head pursuant to regulations adopted by the August 14 Board of Selectmen. All such devices shall be removed, or approp- & 21, 1980) riate written approval obtained within 60 days of the effective date of this by-law." 8:10 P.M. j Mr. Kent explained the need of this motion - the jamming of the phone lines and of the number of false alarms, 109 in February of this year alone. 8:15 P.M. After Roy Weinstein -spoke in opposition, Mr. Kent very emphatically stated that the code has not been decided upon and the Board of Selectmen are not committed to any system or regulations at this time. 8:26 P.M. In response to a question raised by Fred D. Rosenberg, Mr. Kent said that the Burgular Alarm Committee felt that the digital dialing system was preferable and more efficient but that it is more expensive. 8:28 P.M. After much discussion, pro and con, a voice vote was taken on Mr. Kent's main motion. This vote was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 Cornelia C. Johnson 6 2 10 William E. Bicknell 10 3 5 William A. Ridgley 13 4 6 Germania B. Whiting 9 5 9 Madeline A. Shaughnessy 9 6 14 Margaret N. Brooke 3 J 7 8 John E. Taylor 7 8 12 Charles E. Connolly 3 9 3 Deborah B. Green 13 At Large 15 William J. Dailey, Jr. 4 Totals 91 77 Main Motion, as presented by Mr. Kent, is adopted. 8:45 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 2. Iris G. Wheaton moved that the Supplementary Planning Board Report on the Housing Policy Plan under Article 74, 1979 Annual Town Meeting be accepted and placed on file. Carried Unanimously. 8:50 P.M. Article 60. Presented by Mary W. Miley. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) convey the Parker School property on Bedford Street, consisting of r-- the building and approximately 3.5 acres of land, more or less, to John R. Clark & Associates, Inc., in consideration of such building being converted to condominiums, seven of which shall be donated to the Town of Lexington or its designee, in accordance with the site plan presented to and which is hereby approved by this Town Meeting, and on such other terms as the Selectmen shall determine. 8:51 P.M. Mrs. Miley said that only four developers had filed with the Board of Selectmen by the October 1979 deadline, and the board felt that John R. Clark & Associates, Inc. had the best proposal for the use of Parker School and were therefore chosen. The Selectmen urged approval of this proposal. 8:55 P.M. Anthony Casendino, a resident of Lexington and a representative of Clark & Associates, gave an explanation and showed slides of their proposal. 9:01 P.M. Roy Weinstein served notice of reconsideration of Article 59. 9:02 P.M. Article 60. Iris G. Wheaton filed the report of the Planning Board covering (Cont.) Article 60 and stated the the board unanimously recommended adoption of this article. 9:03 P.M. Martin L. Hagerty moved that the motion under Article 60 be amended by adding at the end the following: Provided however that the deed specifically prohibit the building or construction of any buildings, garages, carports, equipment sheds or swimming pools on the open space. 9:03 P.M. Mr. Hagerty stated that he wanted the restriction put into the deed and was told by Mary W. Miley that it will be in the deed. 9:10 P.M. Mr. Hagerty's amendment was declared carried by voice vote but this decision by the Moderator was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 1 Cornelia C. Johnson 11 2 4 William E. Bicknell 13 3 12 William A. Ridgley 8 - 4 7 Germania B. Whiting 9 5 14 Madeline A. Shaughnessy 6 6 5 Margaret N. Brooke 11 7 11 John E. Taylor 5 8 5 Charles E. Connolly 8 9 3 Deborah B. Green 10 At Large 8 William J. Dailey, Jr. 10 Totals 70 91 Mr. Hagerty's motion to amend does not prevail. 9:13 P.M. yk: (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 60. In answer to a question raised by Richard A. Michelson, Mr. Powers (Cont.) of Clark Associates said that the cost of the units would be $60,000. to $80,000. 9:15 P.M. When questioned about their reputation by Joyce Hals, Mr. Powers said that John R. Clark & Associates, Inc. had done several condo- minium complexes and were fully capable of being bonded. 9:18 P.M. In answer to Robert I. Rotberg, Mary W. Miley stated that the town would be receiving seven units at no cost to the town. The appraised value of the seven units is $512,000. William E. Bicknell asked "What price is the property being sold for?" and Mrs. Miley answered "For the seven units". 9:24 P.M. Mary E. Shunney, answering Robert A. Cataldo, said that the price of the two bedroom units in the scattered housing ranges from $52,371. to $53,671. The difference is the site costs. 9:25 P.M. Robert M. Hutchinson, Jr. , Town Manager said that the appraisal is a fair market value figure. 9:27 P.M. Stanley E. Toye moved the previous question which was declared carried by voice vote. 9:27 P.M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 12 Cornelia C. Johnson 3 2 17 William E. Bicknell 3 3 19 William A. Ridgley 1 4 16 Germania B. Whiting 1 5 11 Madeline A. Shaughnessy 8 , 6 15 Margaret N. Brooke 1 7 14 John E. Taylor 2 8 16 Charles E. Connolly 1 9 18 Deborah B. Green 1 At Large 15 William J. Dailey, Jr. 2 Totals 153 23 More than the required two-thirds having voted in favor, the motion is adopted. 9:30 P.M. Article 61. Presented by Mary E. Shunney. MOTION: That the Selectmen be and hereby are authorized to petition (See the General Court for an act, if necessary, to allow the transfer of Chap. approximately 5.19 acres of land off Woburn Street to the Lexington 262 - Housing Authority as voted under Article 72 of the warrant for the Acts of 1977 Annual Town Meeting and Article 18 of the warrant for the 1980) December 5, 1977 Special Town Meeting. Carried Unanimously. 9:32 P.M. James E. Barry served notice of reconsideration of Article 60. 9:33 P.M. —' (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 62. Presented by Laura F. Nichols. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 9:33 P.M. (Motion attached to the report of the Planning Board on this article as follows: MOTION: That the Town vote to amend the Zoning By-Law by: 1. Adding in Section 2, immediately preceding the definition "ACCESSORY USE OR BUILDING", the following definition: ACCESSORY APARTMENT: A dwelling unit designed for occupancy by a separate household in a home originally constructed as a one family dwelling. 2. Amending Table 1, Use Regulations Schedule, by adding a line "1.10 Accessory apartments (see Subsection 9.9) " and inserting on this line the designation "SP" in columns RO-RS and RT, "No" in columns RH, RD and RM, and "SP" in columns for all districts starting with C. 3. Inserting a new Section 9.9 as follows: 9.9 ACCESSORY APARTMENTS 9.9.1 GENERAL OBJECTIVE To permit economic use of the large home and diversity in housing. 9.9.2 APPLICATION AND APPROVAL PROCESS The SPGA may grant a special permit, subject to the provi- sions of Section 3.3 Special Permits (SP) , for one accessory apart- ment in a one family dwelling, subject to the following conditions and requirements: a. The lot shall have a minimum area of 10,000 square feet. b. The dwelling shall have a minimum habitable floor area of 2,000 square feet. c. The accessory apartment shall have one or more rooms with kitchen and bath facilities separate from the main dwelling unit. d. The applicant shall file one copy with the Town Clerk and eight copies with the SPGA for each of the following: a plan of the existing dwelling with proposed accessory apartment and the site plan showing the location of the dwelling on the lot with the present and proposed parking and proposed landscaping, if any. e. In order to preserve the single-family appearance no more than minimum exterior alterations shall be made to the original dwelling. f. No addition which increased the floor area by more than 10% shall have been made to the dwelling within five years of the date of the application for the special permit. g. The owner of the dwelling in which the accessory apartment is to be located shall reside in either the main dwelling unit or in the accessory apartment, except for a temporary bona fide absence with SPGA approval; otherwise, the SPGA shall revoke the special permit for the accessory apartment. - z (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 62. 9.9.2 h. In addition to the parking requirements for the main (Cont.) dwelling unit there shall be not less than one off- street parking space for the accessory apartment. i. An accessory apartment shall replace the permitted accessory use of taking in boarders or letting or renting of rooms without cooking facilities as prescribed in the Use Regulations Schedule, line 8.1, for both the main dwelling unit and the accessory apartment. 9.9.3 SPGA PROCEDURE Upon receiving the permit application and the eight copies of . prescribed plans the SPGA shall forthwith deliver copies to the Building Commissioner, the Fire Chief and other Town boards, commissions and departments specified in Section 3.3.1 of the Zoning By-Law. In addition to the requirements of Section 3.3 of this By-Law the SPGA shall not make its finding and determination until the above named commissions, boards and departments have submitted their reports thereon or until 35 days shall have elapsed since the filing with the SPGA. 9.9.4 BUILDING AND OCCUPANCY PERMITS Application for a building permit shall be made to the Building Commissioner. No use as an accessory apartment shall be permitted prior to issuance of an occupancy permit by the Building Commissioner. 9.9.5 SUBSEQUENT BUILDING ADDITION Any proposed subsequent enlargement of a dwelling with an accessory apartment shall be subject to a revised special permit from the SPGA.) Manfred P. Friedman filed the report of the Planning Board covering Article 62. This report unanimously recommended adoption of the revised motion under this article. 9:36 P.M. George P. Wadsworth spoke at length in opposition. 9:42 P.M. Julian J. Bussgang moved that the motion under Article 62 be amended as follows: "2,000 square feet" in Section 9.9.2 h be changed to "2,500 square feet". 9:55 P.M. After voiced opposition from some members, Mr. Bussgang's motion to amend Article 62 was declared lost by voice vote. 9:58 P.M. After general discussion, Louis E. Conrad said that as he knew that some of the town meeting members had illegal accessory apartments in their homes, he felt that they should abstain from voting on this article as they would be in conflict of interest. 10:16 P.M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:16 P.M. As this motion, main motion offered by Mrs. Nichols, requires a two- thirds vote for passage, and as the voice vote was not unanimous, a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 7 Cornelia C. Johnson 8 2 15 William E. Bicknell 5 3 13 William A. Ridgley 7 4 13 Germania B. Whiting 1 2 5 10 Madeline A. Shaughnessy 11 6 10 Margaret N. Brooke 7 7 11 John E. Taylor 5 8 7 Charles E. Connolly 9 9 9 Deborah B. Green 10 At Large 12 William J. Dailey, Jr. 6 Totals 107 69 2 Less than the required two-thirds having voted in favor, the main motion as presented by Mrs. Nichols does not prevail. 10:19 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 63. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, except that the words ", or structure converted for business purposes," in Section 9.8.7 c shall be deleted. 10:19 P.M. Manfred P. Friedman filed the Planning Board covering Article 63. This report unanimously supported passage of Article 63. 10:19 P.M. (Motion attached to the report of the Planning Board on this article (except that the words ", or structure converted for business purposes," in Section 9.8.7 c are deleted) as follows: MOTION: That the Zoning By-Law be amended by: 1. Inserting a new Section 9.8.7 as follows: 9.8.7 PARKING REQUIREMENTS FOR THE CB DISTRICT a. NO REQUIREMENTS IF STRUCTURE IS REBUILT If the structure housing a business in the CB District is destroyed and if the structure is rebuilt to its original size, there is no requirement to provide more off street parking spaces than were available prior to its destruction. b. REQUIREMENTS ONLY IF STRUCTURE IS EXPANDED Any existing property in a CB District shall not be re- quired to provide more parking than is currently provided unless there is an addition to or expansion of an existing structure, or a new structure is built. c. PARKING SPACES TO BE PROVIDED Any new structure or any addition to or expansion of an existing structure in the CB District shall provide the off street parking required in Section 9.8.5 "Schedule of Required Parking and Loading". If there is adequate on site parking, a structure may be expanded only to the extent that the resulting floor area and parking spaces satisfy the requirements of Section 9.8.5. 2. Changing Section 9.8.5 by: a. Striking line "CB any permitted use N.R." b. Striking the words ", not CB" from lines describing medical, dental school nursing home c. Replacing the words "medical, dental" by "medical, dental building" d. Adding, after the last line "CB Any use not specified 1 per 250 s.f. above (also see or fraction of Section 9.8.7) retail or office space") Questions were raised and opposition was voiced from the balcony by Leonard Colwell and Louis Spencer. 10:35 P.M. Laura F. Nichols served notice of reconsideration of Article 62. 10:35 P.M. Article 63. See next page for vote on this article. (Cont.) (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 63. Voice vote on the main motion as offered by Mr. Friedman was not (Cont.) unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 3 Cornelia C. Johnson 9 2 8 William E. Bicknell 11 3 15 William A. Ridgley 5 4 13 Germania B. Whiting 3 5 3 Madeline A. Shaughnessy 17 6 16 Margaret N. Brooke 1 7 11 John E. Taylor 5 8 5 Charles E. Connolly 12 9 9 Deborah B. Green 7 At Large 8 William J. Dailey, Jr. 8 2 Totals 91 78 2 Less than the required two-thirds needed for passage having voted in favor, the motion offered under Article 63 by Mr. Friedman is not adopted. 10:42 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, April 9, 1980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 10:42 P.M. A true copy. Attest: \ A :Jf) 4-vt44- Mary R. McDonough, Town Clerk { - ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 9, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. Invocation was offered by Rev. Peter H. Meek, Senior Minister of the Hancock United Church of Christ. Before he offered the invocation, Rev. Meek asked that each person make a silent prayer, if that is what they wish to do, for Louis A. Zehner, Town Treasurer and Town Meeting Member At Large, who is in the hospital. 8:12 P.M. Article 2. John E. Ward moved that the Report of the Lexington Cable Advisory Committee under Article 2, 1980 Town Meeting be accepted and placed on file. Carried Unanimously. 8:13 P.M. Article 64. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 8:14 P.M. (Motion as set forth and attached to the report of'the Planning Board on this article: MOTION: That the Town vote to amend the Zoning By-Law by: Striking Section 3.2.2 and substituting therefor: 3.2.2 VARIANCES a. The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law. The Board of Appeals may grant a variance provided it specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcing of the provisions of the By-Law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, provided that said variance may be granted without sub- stantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The Board of Appeals may impose conditions., safeguards and limita- tions both of time and of use. b. Requests for a variance shall be made by filing two copies with the Board of Appeals and one copy with the Town Clerk; the Board of Appeals shall forthwith transmit one copy to the Planning Board. The Board of Appeals shall hold a hearing on any request for a variance within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing of the application. c. If the rights authorized by a variance are not exercised within one year of the date of the grant thereof, they shall lapse, and may be re-established only after due notice and a new public hearing as provided in Chapter 40A, General Laws.) P I-- Mr. Friedman filed the report of the Planning Board covering Article 64. The board unanimously recommended passage of this article. 8:14 P.M. Eric T. Clarke stated that this motion denies to the Board of Appeals the use of a variance and feels that there is a place in the by-laws for variances. 8:25 P.M. ;-7-6-4 (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 64. Eric T. Clarke moved that the proposed wording of Section 3.2.2 (Cont.) VARIANCES be amended by inserting in the first sentence after the word "variance" the words "including use variances," and by in- serting in the second sentence after the word "topography" the words "or use." 8:25 P.M. Stephen Michael Politi spoke in support of Mr. Clarke's amendment and Albert P. Zabin, speaking in opposition to the amendment, said that Use Variances have very little to say in their favor. 8:40 P.M. Mr. Clarke's amendment was declared lost by voice vote, which was doubted by more than the required twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Cornelia C. Johnson 8 2 13 Mary M. McIver 7 3 7 William A. Ridgley 13 4 2 Germania B. Whiting 11 5 6 Madeline A. Shaughnessy 12 6 4 Margaret N. Brooke 9 7 6 John E. Taylor 9 8 11 Charles E. Connolly 4 9 6 Deborah B. Green 10 At Large 8 William J. Dailey, Jr. 10 Totals 71 93 Mr. Clarke's motion to amend Article 64 does not prevail. 8:43 P.M. George P. Wadsworth spoke against the main motion and said that he felt that there should be a committee to study this problem before any judgment was made. 8:50 P.M. Joyce Hals asked if commercial property was taxed differently and was answered by Anthony L. Mancini that it was. Mr. Mancini added ,,_„ that variances run to individuals and not to the land. 8:53 P.M. After general discussion, Albert P. Zabin moved that the motion under Article 64 be amended by adding to Section 3.2.2 (a) the sentence "The Board of Appeals may continue use variances lawfully in effect on April 9, 1980." 9:06 P.M. Mr. Zabin's motion to amend was adopted by voice vote. 9:15 P.M. Jacquelyn H. Ward asked if this variance went with the land or the person and was answered by Mr. Friedman that if the variance was renewed, it would go with the land. 9:17 P.M. The Moderator stated that the question was now to be on the main motion, as amended by Mr. Zabin, and, as he felt that the vote would not be unanimous, he asked for a standing vote, results as follows: Precinct In Favor Tellers Opposed 1 8 Cornelia C. Johnson 8 2 6 Mary M. McIver 14 3 16 William A. Ridgley 5 4 12 Germania B. Whiting 2 5 11 Madeline A. Shaughnessy 9 6 9 Margaret N. Brooke 5 7 10 John E. Taylor 4 8 8 Charles E. Connolly 9 9 10 Deborah B. Green 7 At Large 10 William J. Dailey, Jr. 9 Totals 100 72 Less than the required two-thirds having voted in favor, the main motion, amended by Mr. Zabin, does not prevail. 9:26 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Presented by Frank Sandy. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, and that the existing Sign By-Law be repealed as specified in such motion. (Motion as attached to the report of the Planning Board: MOTION: That the Town vote to: (See 1. Amend the Zoning By-Law by deleting Section 9.7. Pages 578 - 2. Amend the Zoning By-Law by inserting the following definitions 583 alphabetically in Section 2. for motion BUSINESS DISTRICT: Any district in Lexington whose designation as begins with the letter "C". This shall not include portions of adopted.) residential districts where businesses are allowed as non- conforming uses, by special permit, by variance, or otherwise. PERSON: The word "person" shall include one or more individuals, a partnership, an association or a corporation. SIGN, PROJECTING: Any sign which is attached to a building and is not parallel to the wall to which it is attached. A sign in contact with the ground is not a projecting sign. SIGN, SIZE: The size of a sign shall include any intermediary removable surfaceto which it is affixed. The area of a flat two-faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension. SIGN, STANDING: The term "standing sign" shall include any and every sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign. SIGN, WALL: A sign securely fixed parallel to the face of a building wall. SIGN, WINDOW: A sign affixed to or placed so as to be viewed through a window or transparent door. Signs on the interior of an establishment which are intended to be viewed from inside the establishment are not considered to be window signs even if they can be seen through a window or door. Displays of merchandise inside of a window are not considered to be window signs. 3. Amend the Zoning By-Law by inserting a new Section 10 as follows: 10 SIGN REGULATIONS 10.1 ADMINSTRATION 10.1.1 APPLICABILITY All outdoor signs, and window signs are subject to the regulations of this by-law unless specifically excluded in Section 10.2.1. 10.1.2 APPLICATION All persons desiring to erect a sign shall apply to the Building Commissioner for a building permit, except that persons desiring to erect a sign in accordance with Sections 10.2.2, 10.2.4 or 10.4.2 need not apply for a permit. All applications for permits shall include, at least, a drawing to scale showing the following: a. The proposed sign. b. All existing signs maintained on the premises. c. A plot plan and a sketch of the building facade indi- (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. 10.1.2 (Cont.) (Cont.) c. (Cont.) cating the location of the proposed and any existing signs. d. Specifications for construction, lighting, and wiring in accordance with the State Building Code. 10.1.3 BUILDING COMMISSIONER ACTION The Building Commissioner shall issue a building permit provided the proposed sign complies with this by-law, the State Building Code, requirements of the Historic Districts Commission (where applicable) and any other applicable laws, by-laws or regulations. 10.1.4 SPECIAL PERMITS In particular instances the SPGA may issue Special Permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically pro- hibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and loca- tion of the sign or signs and impose such other terms and restrictions as it may deem to be in the public interest. Any applicant under this provision shall provide the information required in Section 10.1.2 above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surround- ings and the reasons for allowing it. 10.2 GENERAL REGULATIONS The provisions of Section 10.2 shall apply to signs in all zoning districts. Additional specific regulations for residential and business districts are set forth in Sections 10.3 and 10.4 respectively. 10.2.1 PERMITTED GOVERNMENT OR SPECIAL SIGNS Any sign owned and installed by a governmental agency, or required by any law, governmental order or regulation is not subject to this by-law. Signs mounted on registered motor vehicles or carried by hand are not subject to this by-law. 10.2.2 RESIDENCES Two signs, up to one square foot in area each, are permitted per residential building indicating the name and address of the occupants therein. 10.2.3 RELIGIOUS INSTITUTIONS Two signs identifying churches, synagogues, and other similar religious uses are permitted on each street frontage, one of which may not exceed 20 square feet in area and the other of which may not exceed 10 square feet in area. One sign may be a standing sign used for notices and announcements of events at the religious institution. 10.2.4 REAL ESTATE SIGNS One real estate sign, not over six (6) square feet in area advertising the sale or rental of the premises on which it is located is permitted. Real estate signs not more than 20 square feet in area and not more than 10 feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or buildings in said subdivision, but not more than one such sign shall face the same street. 10.2.5 ILLUMINATION No sign shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. , except signs on premises open for business, and then only upon issuance of a special permit by the SPGA. Ex- terior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. 10.2.6 SIGNS CANNOT INTERFERE WITH TRAFFIC (Cont.) No sign, including window displays, or their illuminators shall by reason of its location, shape, size or color interfere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard. 10.2.7 CONSTRUCTION No sign shall be painted or posted directly on the exterior -- surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, how- ever, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one fourth (1/4) of an inch. The construction of the sign shall comply with the State Building Code. 10.2.8 MAINTENANCE Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign causes the loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed. 10.2.9 PROHIBITED SIGNS The following types of signs are prohibited. a. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature. b. Wind signs, including banners, pennants, spinners, streamers, and other wind actuated components. c. String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration. d. Signs erected so as to obstruct any door, openable window or fire escape on a building. e. Billboards or non-accessory signs. 10.3 RESIDENTIAL DISTRICTS 10.3.1 MULTI-FAMILY DWELLING DEVELOPMENTS A sign not exceeding 12 square feet in area is permitted identifying developments in an RM, RD or RH district. 10.4 BUSINESS DISTRICTS Accessory signs on business establishments in business districts that comply with the following provisions are permitted. 10.4.1 WALL SIGNS a. One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign on the first floor of a building shall not exceed three-quarters (3/4) of the frontage of the establish- ment. The width of such a sign above the first floor of a building shall not exceed three feet. b. A secondary wall sign may be installed marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. 10.4.1 (Cont.) (Cont.) c. No wall sign shall be more than three feet in overall height. d. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one half of the area that would be permitted for a single sign. e. In addition to the above signs each building may have one directory sign affixed to the exterior wall, window or door of the building. Such directory sign shall provide not more than one square foot for each occupant of the building. f. Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall. g. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher. 10.4.2 WINDOW SIGNS Removable signs on the inside of windows or transparent doors are permitted provided they do not cover more than 50% of the area of the windows or doors in or on which they are placed. Public service window signs giving notice to events open to the public are permitted and shall be excluded from the area restrictions of this section. 10.4.3 PROJECTING SIGNS In particular instances the SPGA may isue Special Permits for projecting signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one pro- jecting sign. 10.4.4 STANDING SIGNS The following standing signs are permitted: a. Standing signs permitted under Sections 10.2.2, 10.2.3, and 10.2.4. b. During the construction of a building a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and the engineers. Such a sign shall not exceed 20 square feet in area or 10 feet in any direction. Such sign shall be removed promptly after the completion of the building. c. In particular instances the SPGA may issue Special Permits for standing signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No esta- blishment shall be permitted more than one standing sign other than signs directing traffic flow. 10.4.5 SIGNS AT GASOLINE FILLING STATIONS AND GARAGES Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled as hereinabove provided, into separate wall signs in- dicating the separate operations or departments of the business, provided however, that the total of the widths of the separate signs shall not exceed the maximum width permitted under this by-law for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) "'" Article 65. 10.4.5 (Cont.) (Cont.) The standard type of gasoline pump bearing thereon in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this by-law. 10.5 NONCONFORMANCE OF SIGNS Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be enlarged. 4. Amend the Zoning By-Law by replacing in Table 1, line 8.1, the •�- phrase "accessory signs subject to Section 9.7 hereof and the Town Sign By-Law" by "accessory signs subject to Section 10 hereof". 5. Repeal the entire existing Sign By-Law. Said repeal shall be effective upon the approval of the above amendments to the Zoning By-Law by the Attorney General and its posting in accordance with Section 32 of Chapter 40 of the General Laws.) Frank Sandy filed the report of the Planning Board covering Article 65. The Board unanimously supported passage of this article. 9:27 P.M. Mr. Sandy gave a lengthy explanation of this article and was recognized by the Moderator for a second time. 9:38 P.M. Alice M. Pierce moved to delete from Section 10.4.2 Window Signs, everything after "are permitted" in the first sentence. After Mrs. Pierce explained her motion, a vote was taken and her motion to amend was declared adopted by voice vote. 9:43 P.M. William T. Spencer moved that a new Paragraph 10.2.9 f. be added "Projecting Signs"; that Paragraph 10.4.3 be deleted; and that the (" following paragraphs be renumbered as required. 9:45 P.M. 1 After discussion, Mr. Spencer's motion to amend was declared lost by voice vote. This decision was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 0 Pamela Winston 14 2 1 Mary M. McIver 19 3 11 William A. Ridgley 6 4 4 Germania B. Whiting 6 1 5 2 Madeline A. Shaughnessy 17 6 7 Margaret N. Brooke 8 7 5 John E. Taylor 10 8 1 Charles E. Connolly 17 9 7 Deborah B. Green 7 At Large 1 William J. Dailey, Jr. 18 Totals 39 122 1 Mr. Spencer's motion to amend Article 65 does not prevail. 9:55 P.M. Richard A. Michelson moved to amend: under 10.1.2 c. delete word "and" and substitute word "or". This amendment was declared lost by voice vote. 10 P.M. Richard A. Michelson offers the following two amendments to the main motion: (At the request of Lloyd Gilson the Moderator stated that these motions were capable of division and would be so divided) Amendment #1. MOTION: 10.2.5 - Delete "No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts." - (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Michelson's motions to amend (Cont.) (Cont.) Amendment #2. MOTION: 10.4.1 - Delete "The width of such a sign on the first floor of a building shall not exceed three-quarters (3/4) of the frontage of the establishment." 10:05 P.M. Amendment #1, as presented by Richard A. Michelson, declared lost by voice vote. 10:13 P.M. Amendment #2, as presented by Richard A. Michelson, declared adopted by voice vote. This decision was doubted by more than twenty members, therefore a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 17 Cornelia C. Johnson 0 2 18 Mary M. McIver 1 1 3 8 William A. Ridgley 11 4 8 Germania B. Whiting 4 5 16 Madeline A. Shaughnessy 1 6 4 Margaret N. Brooke 11 7 7 John E. Taylor 8 8 18 Charles E. Connolly 0 9 5 Deborah B. Green 10 At Large 13 William J. Dailey, Jr. 6 Totals 114 52 1 Amendment #2, as presented by Richard A. Michelson, was adopted. 10:15 P.M. John F. Downey, Jr. moved the previous question which was declared adopted by voice vote. 10:16 P.M. Voice vote on main motion, as amended by Mrs. Pierce and Mr. Michelson, was not unanimous, and, as it required a two-thirds vote for passage, a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 13 Cornelia C. Johnson 0 3 2 17 Mary M. McIver 3 3 16 William A. Ridgley 5 4 12 Germania B. Whiting 1 5 20 Madeline A. Shaughnessy 0 6 15 Margaret N. Brooke 2 7 13 John E. Taylor 2 8 18 Charles E. Connolly 0 9 10 Deborah B. Green 6 At Large 15 William J. Dailey Jr. 4 Totals 149 23 3 Main motion as offered by Frank Sandy and amended by Alice M. Pierce and Richard A. Michelson was adopted. 10:20 P.M. • Adopted motion reads as follows: (As MOTION: That the Town vote to: adopted) 1. Amend the Zoning By-Law by deleting Section 9.7. (Approved by Atty. Gen. , 2. Amend the Zoning By-Law by inserting the following definitions July 28, alphabetically in Section 2. 1980. Posted in BUSINESS DISTRICT: Any district in Lexington whose designation Town Office begins with the letter "C" . This shall not include portions of Bldg. and residential districts where businesses are allowed as non-conforming nine uses, by special permit, by variance, or otherwise. precincts on Aug. 7, PERSON: The word "person" shall include one or more individuals, 1980.) a partnership, an association or a corporation. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) L Article 65. Adopted motion - (Cont.) (Cont.) SIGN, PROJECTING: Any sign which is attached to a building and is not parallel to the wall to which it is attached. A sign in contact with the ground is not a projecting sign. SIGN, SIZE: The size of a sign shall include any intermediary removable surface to which it is affixed. The area of a flat two-faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension. SIGN, STANDING: The term "standing sign" shall include any and every sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign. SIGN, WALL: A sign securely fixed parallel to the face of a building wall. SIGN, WINDOW: A sign affixed to or placed so as to be viewed through a window or transparent door. Signs on the interior of an establishment which are intended to be viewed from inside the establishment are not considered to be window signs even if they can be seen through a window or door. Displays of merchandise inside of a window are not considered to be window signs. 3. Amend the Zoning By-Law by inserting a new Section 10 as follows: 10 SIGN REGULATIONS 10.1 ADMINISTRATION 10.1.1 APPLICABILITY All outdoor signs, and window signs are subject to the regulations of this by-law unless specifically excluded in Section 10.2.1. L10.1.2 APPLICATION All persons desiring to erect a sign shall apply to the Building Commissioner for a building permit, except that persons desiring to erect a sign in accordance with Sections 10.2.2, 10.2.4 or 10.4.2 need not apply for a permit. All applications for permits shall include, at least, a drawing to scale showing the following: a. The proposed sign. b. All existing signs maintained on the premises. c. A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs. d. Specifications for construction, lighting, and wiring in accordance with the State Building Code. 10.1.3 BUILDING COMMISSIONER ACTION The Building Commissioner shall issue a building permit provided the proposed sign complies with this by-law, the State Building Code, requirements of the Historic Districts Commission (where applicable) and any other applicable laws, by-laws or regulations. 10.1.4 SPECIAL PERMITS In particular instances the SPGA may issue Special Permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the build- ing with reference to the street or the nature of the establish- ment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may deem to be in the public interest. Any applicant under this provision shall provide the information required in Section 10.1.2 above and specific information in the (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont. ) 10.1.4 (Cont.) form of perspectives, renderings, photographs or other rep- resentations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it. 10.2 GENERAL REGULATIONS The provisions of Section 10.2 shall apply to signs in all zoning districts. Additional specific regulations for residential and business districts are set forth in Sections 10.3 and 10.4 respectively. 10.2.1 PERMITTED GOVERNMENT OR SPECIAL SIGNS Any sign owned and installed by a governmental agency, or required by any law, governmental order or regulation is not subject to this by-law. Signs mounted on registered motor vehicles or carried by hand are not subject to this by-law. 10.2.2 RESIDENCES Two signs, up to one square foot in area each, are permitted per residential building indicating the name and address of the occupants therein. 10.2.3 RELIGIOUS INSTITUTIONS Two signs identifying churches, synagogues, and other similar religious uses are permitted on each street frontage, one of which may not exceed 20 square feet in area and the other of which may not exceed 10 square feet in area. One sign may be a standing sign used for notices and announcements of events at the religious institution. 10.2.4 REAL ESTATE SIGNS One real estate sign, not over six (6) square feet in area advertising the sale or rental of the premises on which it is located is permitted. Real estate signs not more than 20 square r-, feet in area and not more than 10 feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or buildings in said subdivision, but not more than one such sign shall face the same street. 10.2.5 ILLUMINATION No sign shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. , except signs on premises open for business, and then only upon issuance of a special permit by the SPGA. Exterior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts. 10.2.6 SIGNS CANNOT INTERFERE WITH TRAFFIC No sign, including window displays, or their illumina- tors shall by reason of its location, shape, size or color inter- fere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard. 10.2.7 CONSTRUCTION No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to a substantial intermediary removable sur- face and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installa- tion of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one fourth (1/4) of an inch. The construction of the sign shall comply with the State Building Code. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 10.2.8 MAINTENANCE Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign causes the loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed. 10.2.9 PROHIBITED SIGNS The following types of signs are prohibited. a. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature. b. Wind signs, including banners, pennants, spinners, streamers, and other wind actuated components. c. String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration. d. Signs erected so as to obstruct any door, openable window or fire escape on a building. e. Billboards or non-accessory signs. 10.3 RESIDENTIAL DISTRICTS 10.3.1 MULTI-FAMILY DWELLING DEVELOPMENTS A sign not exceeding 12 square feet in area is permitted identifying developments in an RM, RD or RH district. 10.4 BUSINESS DISTRICTS Accessory signs on business establishments in business districts that comply with the following provisions are permitted. 10.4.1 WALL SIGNS a. One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign above the first floor of a building shall not exceed three feet. b. A secondary wall sign may be installed marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign. c. No wall sign shall be more than three feet in overall height. d. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one half of the area that would be permitted for a single sign. e. In addition to the above signs each building may have one directory sign affixed to the exterior wall, window or door of the building. Such directory sign shall provide not more than one square foot for each occu- pant of the building. f. Wall signs shall either be affixed to a wall and par- allel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall. ') (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 10.4.1 (Cont.) g. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher. 10.4.2 WINDOW SIGNS Removable signs on the inside of windows or transparent doors are permitted. 10.4.3 PROJECTING SIGNS In particular instances the SPGA may issue Special Per- mits for projecting signs in accordance with Section 10.1.4, if _._• it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one projecting sign. 10.4.4 STANDING SIGNS The following standing signs are permitted: a. Standing signs permitted under Sections 10.2.2, 10.2.3, and 10.2.4. b. During the construction of a building a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and the engineers. Such a sign shall not exceed 20 square feet in area or 10 feet in any direction. Such sign shall be removed promptly after the completion of the building. c. In particular instances the SPGA may issue Special Permits for standing signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the esta- blishment is such that the sign should be permitted in the public interest. No establishment shall be per- mitted more than one standing sign other than signs directing traffic flow. 10.4.5 SIGNS AT GASOLINE FILLING STATIONS AND GARAGES Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled as hereinabove provided, into separate wall signs indicating the separate operations or departments of the business, provided however, that the total of the widths of the separate signs shall not exceed the maximum width permitted under this by- law for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. The standard type of gasoline pump bearing thereon in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this by-law. 10.5 NONCONFORMANCE OF SIGNS Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be enlarged. 4. Amend the Zoning By-Law by replacing in Table 1, line 8.1, the phrase "accessory signs subject to Section 9.7 hereof and the Town Sign By-Law" by "accessory signs subject to Section 10 hereof". (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 5. Repeal the entire existing Sign By-Law. Said repeal shall be effective upon the approval of the above amendments to the Zoning By-Law by the Attorney General and its posting in accord- ance with Section 32 of Chapter 40 of the General Laws. (Adopted 149 to 23. See Page 578) Article 66. Presented by Iris G. Wheaton. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 10:20 P.M. (Motion as set forth and attached to the report of the Planning Board on this article: (As MOTION: That the Town vote to amend the Zoning By-Law by: adopted) 1. Striking from Table 2 - Schedule of Dimensional Controls the (Approved by column with the heading "CS". Atty. Gen. , July 28, 2. Striking from Table 2 - Schedule of Dimensional Controls the 1980. sentence in footnote a. "Minimum lot area in RD district shall Posted in be 10 acres."; and replacing it by "For RD districts see Town Office Section 8.1.8." Bldg. and nine 3. Striking from Section 2 - Definitions, the words "Lexington precincts Building By-Law or" from line c. in the definition of DWELLING on Aug. 7, CONVERSION. 1980.) 4. Striking "CS" from Subsection 7.3.) Iris G. Wheaton filed the report of the Planning Board covering Article 66. The board unanimously recommended adoption of Article 66. 10:21 P.M. Motion as offered by Mrs. Wheaton declared adopted unanimously. 10:21 P.M. Manfred P. Friedman moved that this meeting be adjourned to Monday, April 14, 1980 at 8 P.M. in Cary Memorial Hall. 10:23 P.M. William T. Spencer asked for the intent of the Board of Selectmen in regard to meetings during vacation week (week beginning April 21, 1980) . Mary W. Miley, Chairman of the Board of Selectmen, answered that they intend to be finished by that time. 10:23 P.M. Mr. Friedman's motion to adjourn this meeting to Monday, April 14, 1980 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:23 P.M. A true copy. Attest: 7)7614t \- Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 14, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P.M. in Cary Memorial Hall. There were 179 Town Meeting Members present. The invocation was offered by Rev. Arnold F. Colletti, Assistant Pastor of Saint Brigid's Church. 8:05 P.M. Article 67. Presented by James M. McLaughlin. MOTION: That the Town amend the Zoning By-Law: by changing the zoning district in which the land bounded and described below lies from RO--One-Family Dwelling District to CD--Controlled Commercial and Industrial District, and by revising the zoning map and zoning district map accordingly: The land in Lexington, Middlesex County, Massachusetts, bounded EASTERLY by the centerline of Spring Street, 400 feet; SOUTHERLY by a portion of said Spring Street and land now or formerly of William F. and Eileen A. Cowles, 610 feet; SOUTHWESTERLY by land now or formerly of Ginn & Company, 1396 feet; NORTHWESTERLY 22 feet, NORTHEASTERLY 317.9 feet, NORTHEASTERLY, AGAIN, 461 feet, NORTHWESTERLY, AGAIN, 33 feet, and NORTHEASTERLY, AGAIN, 735 feet, all by the Northern Circumferential Highway, Route 128 and by the Cambridge- Concord Highway, Route 2. All such distances being approximate. The development plan for such zoning district shall be the Amended and Restated Development Plan dated January 10, 1980, amended January 30, 1980, filed with the Town Clerk. 8:07 P.M. George Lovejoy, President of Meredith and Grew, the developer, was introduced and explained this proposal. He felt that this was an excellent use of the site and there would be a minimal cost to the town while bringing in tax revenue. This complex, if adopted, would be owned by a group of Massachusetts Savings Banks. 8:16 P.M. Jeanne K. Krieger, a Town Meeting Member from Precinct Three, spoke in opposition and said that twenty of the twenty-one Town Meeting Members from Precinct Three were opposed to this proposal. 8:18 P.M. Richard W. Souza, another Town Meeting Member from Precinct Three, spoke in opposition and stated that he was speaking for the South Lexington Civic Association, many of whom were in the balcony. 8:21 P.M. l Manfred P. Friedman filed the report of the Planning Board covering this article (Fuller Hill) . He explained that, although there are positive aspects to this proposal such as the tax return, it is bound to have an impact on the homes adjacent to the site and the traffic is an unknown quantity. Therefore, he added, the Planning Board does not support passage of this article. 8:28 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 67. Fritz K. Ringer of 186 Spring Street and Kenneth E. Froeberg of (Cont.) 166 Spring Street were recognized and spoke in opposition for the South Lexington Civic Association. Also speaking in opposition was Adam Sonnenstein, a resident of the area living at 1 Barberry Road and Town Meeting Members Susan J. Ricci (Precinct Nine) and Robert I. Robert (Precinct Three) . 9:02 P.M. Mr. Lovejoy answered some of the questions of the opposition and explained that there would be approximately $400,000.00 in tax revenue received by the town. 9:05 P.M. Dorothy M. Boggia moved the previous question which was declared adopted by voice vote. 9:05 P.M. The Moderator asked for a standing vote on the main motion, as he was sure that the vote would not be unanimous and a two-thirds vote was needed. Results as follows: Precinct In Favor Tellers Opposed 1 5 Cornelia C. Johnson 10 2 9 Mary M. McIver 11 3 0 William A. Ridgley 21 4 4 Germania B. Whiting 9 5 0 Madeline A. Shaughnessy 17 6 1 Margaret N. Brooke 16 7 0 Lloyd Gilson 17 8 5 Charles E. Connolly 10 9 0 Deborah B. Green 19 At Large 1 William J. Dailey, Jr. 16 Totals 25 146 Main motion, as presented by James M. McLaughlin, does not prevail. 9:08 P.M. The Moderator stated that the meeting was now open on Article 4 - Line Item #1090 (postponed until after consideration of Article 67 at the March 17, 1980 session of this town meeting - See Page 523) . At the time of postponement the motion on the floor was an amendment offered by Manfred P. Friedman as follows: "Moved that the amount in line item 1090 be changed from $20,000 to $25,000." Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported Mr. Friedman's amendment. 9:18 P.M. Voice vote was taken on Mr. Friedman's amendment to line item 1090 (Article 4) and the motion was declared lost by the Moderator. This decision was doubted by twenty members, therefore a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 10 Cornelia C. Johnson 2 2 13 Mary M. McIver 7 3 2 William A. Ridgley 18 1 4 13 Germania G. Whiting 1 5 2 Madeline A. Shaughnessy 16 6 7 Margaret N. Brooke 9 7 11 Lloyd Gilson 6 8 3 Charles E. Connolly 10 9 5 Deborah B. Green 13 At Large 9 William J. Dailey, Jr. 9 Totals 75 91 1 Mr. Friedman's motion to amend Article 4 - Line Item 1090 does not prevail. 9:21 P.M. See next page for motion as adopted. `' (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 4. The motion on the floor at this time (Article 4 - Line Item 1090) (Cont.) is the motion offered (main motion) at the March 17, 1980 session of this town meeting (See Page 523) as follows: Town Manager's Jurisdiction #1090 General Prof. Services $20,000. Adopted by unanimous vote. 9:21 P.M. Article 68. Manfred P. Friedman moved that this article be indefinitely post- --1 poned. 9:21 P.M. Mr. Friedman filed the report of the Planning Board covering Article 68. Motion to indefinitely postpone Article 68 adopted unanimously. 9:22 P.M. Francis W. K. Smith moved that Article 40 be taken off the table at this time and this motion was adopted unanimously. 9:22 P.M. (See Page 544.) Article 40. Francis W. K. Smith moved that this article be indefinitely post- poned. This motion was adopted unanimously. 9:22 P.M. Article 69. Presented by Eric T. Clarke. MOTION: That the Town amend the zoning by-law by changing the zoning district in which lies the land described below from RO - one family dwelling district - to RD - multi-family district - in and by revising the zoning map and zoning district map to show as a RD district the land bounded and described as follows: NORTHERLY by the Southerly line of Woburn Street, 212 and 18/100 feet; EASTERLY 476 and 68/100 feet; and NORTHERLY 238 feet; NORTHEASTERLY 336 and 75/100 feet; SOUTHERLY 160 and 56/100 feet; EASTERLY 9 and 54/100 feet; and SOUTHERLY 813 and 53/100 feet, by land now or formerly of Winning Home Farm, Inc.; WESTERLY by land now or formerly of Howard M. Munroe, 388 and 48/100 feet; and NORTHERLY by land now or formerly of Elmina M. Munroe, 321 and 32/100 feet. The site development plan for such zoning district shall be the plan entitled Preliminary Site Plan Woburn Street, Lexington, Mass. dated Jan. 21, 1980 revised 2-5-80; 3-14-80 as filed with the Town Clerk. 9:24 P.M. John J. O'Connor, Jr. , Attorney for the developer was recognized and gave an explanation of the proposal. He then introduced Herbert Eisenberg, Architect for the development, who then gave an added explanation and showed slides of the Shaker Glen Housing Proposal. 9:39 P.M. Laura F. Nichols filed the report of the Planning Board which opposed this article although Mrs. Nichols commended the architect. 9:43 P.M. John P. Meehan of 24 Peachtree Road, Robert S. Glassman of 9 Peach- tree Road, Rona G. Cohen of 20 Peachtree Road and Keistutis P. Devenis of 7 Blodgett Road were recognized and all spoke in opposition. 9:54 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 69. Albert P. Zabin and Pamela Winston, both Town Meeting Members from (Cont.) Precinct One, spoke in opposition. Miss Winston added that the Precinct One Town Meeting Members in attendance were opposed to this development. 9:58 P.M. J. Keith Butters moved the previous question, which was declared adopted by voice vote. 10 P.M. As this motion, main motion, requires a two-thirds vote, the Moderator asked for a standing vote, results as follows: (- Precinct In Favor Tellers Opposed Abstained 1 0 Cornelia C. Johnson 16 2 0 Mary M. McIver 19 3 0 William A. Ridgley 21 4 0 Germania B. Whiting 14 5 0 Madeline A. Shaughnessy 18 6 2 Margaret N. Brooke 16 7 0 Lloyd Gilson 16 1 8 0 Charles E. Connolly 16 9 0 Deborah B. Green 19 At Large 0 William J. Dailey, Jr. 17 Totals 2 172 1 Main motion, as presented by Eric T. Clarke, does not prevail. 10:03 P.M. Article 70. Eric T. Clarke moved that this article be indefinitely postponed. 10:03 P.M. Manfred P. Friedman filed the report of the Planning Board covering Article 70. 10:03 P.M. (" Motion to indefinitely postpone Article 70 declared adopted unanimously. 10:03 P.M. Article 71. Eric T. Clarke moved that this article be indefinitely postponed. 10:03 P.M. Manfred P. Friedman filed the report of the Planning Board covering Article 71. 10:03 P.M. Motion to indefinitely postpone Article 71 declared adopted unanimously. 10:03 P.M. Article 72. Manfred P. Friedman moved that this article be indefinitely postponed. 10:04 P.M. Mr. Friedman filed the report of the Planning Board covering Article 72. 10:04 P.M. Motion to indefinitely postpone Article 72 declared adopted unanimously. 10:04 P.M. Article 73. Presented by John J. McWeeney. (Mr. McWeeney stated that he would abstain from voting on this article.) MOTION: That the Town vote to amend the Zoning Map by placing in a CD District the following described land, owned by the Trustees of Athens Realty Trust, and currently in an RS District: That certain parcel of land on Bedford Street, abutting the land currently used as the so-called Stop and Shop Shopping Center and bounded and described as follows: (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 73. NORTHERLY by other land of Trustees of Athens Realty Trust (Cont.) and by the line on such land which divides the existing CB District from the existing RS District, two hundred fifty (250) feet more or less; and WESTERLY by said other land of Trustees of Athens Realty Trust, eighty (80) feet more or less; and SOUTHERLY by said other land of Trustees of Athens Realty Trust and by land now or formerly of First Con- gregational Society (Unitarian) of Lexington, two hundred fifty-two (252) feet more or less; and — 1 EASTERLY by Bedford Street, seventy-five (75) feet more or less. 10:06 P.M. In explanation, Mr. McWeeney said that there are 169 spaces for existing parking and if the article is adopted, they are proposing 34 additional spaces, bringing the total to 203 spaces. A stockade fence will be erected along the front and side of the property so that the parking area will not be seen from the street. 10:13 P.M. John L. Sampson of 8 Bedford Street was recognized and spoke for the residents of the area in opposition. 10:17 P.M. Manfred P. Friedman filed the report of the Planning Board which recommended defeat of this article. 10:20 P.M. In response to Julian J. Bussgang's request, David L. Williams, Chairman of the Conservation Commission, stated that the commission had not taken a formal position on this article and would vote as individuals, not as members of the commission. 10:22 P.M. As this motion, main motion, required a two-thirds vote for passage, and, not expecting a unanimous vote, the Moderator asked for a standing vote with results as follows: Precinct In Favor Tellers Opposed Abstained 1 1 Cornelia C. Johnson 13 2 2 4 Mary M. McIver 16 3 1 William A. Ridgley 18 2 4 1 Germania B. Whiting 13 5 2 Madeline A. Shaughnessy 14 1 6 1 Margaret N. Brooke 17 7 3 Lloyd Gilson 14 8 0 Charles E. Connolly 14 2 9 2 Deborah B. Green 15 At Large 4 William J. Dailey, Jr. 12 Totals 19 146 7 Main motion, as presented by John J. McWeeney, does not prevail. 10:34 P.M. Article 74. Shirley H. Stolz, after reading a letter from Attorney John Devine asking that Article 74 be withdrawn, moved that this article be indefinitely postponed. 10: 35 P.M. Motion to indefinitely postpone Article 74 was declared adopted -- unanimously. 10:35 P.M. James F. Crain moved that Article 51 be taken from the table. This motion was adopted unanimously. 10:35 P.M. (See Page 560 and for adopted motion see next page.) (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 51. (See Pages 560 and 588) Presented by James F. Crain. MOTION: That the sum of $750,000.00 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1980, and that such amount be transferred from the Excess and Deficiency Account (Free Cash) , and that the sum of $826,916.00 plus any additional amount added to free cash be exempt from the provisions of Section 12A of Chapter 151 of the Acts of 1979 and not be utilized for the purpose of reducing the property tax levy for fiscal year 1981. 10:36 P.M. Donald B. White, Chairman of the Appropriation Committee stated that his committee concurred with this motion. He added that the estimated tax rate is $93.10. 10:37 P.M. Motion, as presented by Mr. Crain, declared adopted unanimously. 10:37 P.M. Alfred S. Busa moved that Article 50 be taken off the table. This motion was declared adopted unanimously. 10:38 P.M. (See Page 560) Article 50. (See Page 560) Presented by Alfred S. Busa. MOTION: That the Town increase the appropriations limit esta- blished by Chapter 151 of the Acts of 1979 by $1,414,930.71 so that the appropriations limit as so increased will be $28,096,053.00. 10:39 P.M. Voice vote on this motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 14 Cornelia C. Johnson 1 1 2 17 Mary M. McIver 2 3 21 William A. Ridgley 0 4 14 Germania B. Whiting 0 5 17 Madeline A. Shaughnessy 0 6 17 Margaret N. Brooke 1 7 16 Lloyd Gilson 1 8 13 Charles E. Connolly 3 9 16 Deborah B. Green 1 At Large 19 William J. Dailey, Jr. 0 Totals 163 9 1 More than the required two-thirds having voted in favor, the motion, as presented by Mr. Busa, was adopted. 10:41 P.M. Alfred S. Busa moved that Article 52 be taken off the table. This motion was declared adopted unanimously. 10:42 P.M. (See Page 560) Article 52. (See Page 560) Presented by Alfred S. Busa. MOTION: That the Town increase the tax levy limit established by Chapter 151 of the Acts of 1979, by not more than $1,372,298.00 so that the tax levy limit as so increased will not be more than $29,007,544.00. 10:42 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 52. Richard A. Michelson and Patricia A. Swanson questioned Mr. Busa in (Cont.) regard to the tax cap. 10:45 P.M. Voice vote on Mr. Busa's motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 13 Cornelia C. Johnson 3 2 16 Mary M. McIver 4 3 20 William A. Ridgley 1 4 14 Germania B. Whiting 0 5 17 Madeline A. Shaughnessy 1 6 16 Margaret N. Brooke 1 7 16 Lloyd Gilson 1 8 11 Charles E. Connolly 4 9 16 Deborah B. Green 1 At Large 19 William J. Dailey, Jr. 0 Totals 158 16 More than the required two-thirds having voted in favor of Mr. Busa's motion, the motion is adopted. 10:47 P.M. Mary W. Miley moved that this meeting be dissolved. 10:47 P.M. Sam V. Nablo moved to reconsider Article 4 - Line Item 6050. 10:47 P.M. The Moderator told the meeting that the question would come on the motion to dissolve, as it was offered first, and if that motion lost, then a vote would be taken on the motion to reconsider Article 4 - Line Item 6050. Mary W. Miley withdrew her motion to dissolve this meeting. 10:47 P.M. Manfred P. Friedman asked what the Selectmen intended to do with the $10,000 for mosquito control as the report of the Mosquito Control Committee did not recommend mosquito control. Mrs. Miley answered that the Selectmen have reviewed the report and have not made up their minds at this time but have considered hiring an intern to look into the subject. 10:50 P.M. Motion to reconsider Article 4 - Line Item 6050, as presented by Mr. Nablo, was declared lost by voice vote. 10:51 P.M. Mary W. Miley, Chairman of the Board of Selectmen, moved that this meeting be dissolved. This motion was adopted unanimously. 10:52 P.M. A true copy. Attest: 7*- /41-- /f) cia(Pwcni Mary R. McDonough, Town Clerk (WARRANT FOR STATE PRIMARIES - SEE WARRANT FILE) STATE PRIMARIES SEPTEMBER 16, 1980 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 16, 1980 at 7:00 in the forenoon. The following places were designated as the voting places for the various .—. precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Junior High School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Fire Headquarters Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden D Ann M. Pace R Gloria D. Colbert Clerk R Robert P. Trask, Jr. D Margaret M. Potter Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson D Catherine R. Sullivan Inspector R Dorothy P. Gauthier R Josephine S. Siders Inspector D Ellen B. O'Connell Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Catherine F. Hooper D Marguerite A. Cronin Inspector R Elliott J. Barrett R Winifred F. Hubbard Inspector D Mary G. Faulkingham D Gulli I. Kula Inspector R Blanche T. Johnson R Dorothy O. Jones Inspector D Virginia M. Martell Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Priscilla H. Winter Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector R Harold W. Josephson D Alice A. Coletta Inspector D Catherine F. Jones R Evelyn A. Franks Inspector R Barbara M. Collins Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Norma E. Ebbs Clerk D Phyllis C. Bradford D Miriam L. Miller Inspector R Margaret S. Wilson R Carole Sandra Scalise Inspector R Josephine M. Luther D Cornelius P. Cronin Inspector D Suzanne H. Spencer R George W. Greenlaw, Jr. Inspector D Marie T. Milso Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret S. Blouin Inspector R Caroline F. Deloury Inspector D Ann C. Golini Inspector R Olive Russell Frost Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. - s, (State Primaries - September 16, 1980.) The total number of registered voters in each precinct eligible to vote as of August 19, 1980 as follows: ENROLLED VOTERS UNENROLLED PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN VOTERS 1 2,132 996 514 622 2 2,097 1,025 443 629 3 1,893 846 439 608 4 2,298 1,001 640 657 5 2,140 959 464 717 6 2,177 830 744 603 ,--- 7 2,273 967 579 727 8 1,916 791 551 574 9 2,228 908 570 750 Totals 19,154 8,323 4,944 5,887 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:55 P.M. Precinct Two 9:10 P.M. Precinct Three 9 P.M. Precinct Four 9 P.M. Precinct Five 8:45 P.M. Precinct Six 8:55 P.M. Precinct Seven 9:30 P.M. Precinct Eight 9:05 P.M. Precinct Nine 9:02 P.M. TheTown Clerk and the members of the Board of Registrars canvassed the results as follows: DEMOCRATS REPUBLICANS PRECINCT VOTED VOTED TOTAL VOTED 1 561 96 657 ,-. 2 591 76 667 3 483 71 554 —. 4 585 133 718 5 543 94 637 6 545 141 686 7 675 110 785 8 470 155 625 9 537 123 660 Totals 4,990 999 5,989 31.2% of the 19,154 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON DR D R D R D R D R 1 10 0 10 0 0 0 0 0 0 0 2 8 1 8 1 0 0 0 0 0 0 3 6 1 6 1 0 0 0 0 0 0 4 15 4 15 4 0 0 0 0 0 0 S-- 5 9 0 9 0 0 0 0 0 0 0 6 11 1 11 1 0 0 0 0 0 0 7 12 3 11 3 1 0 0 0 0 0 8 5 3 5 3 0 0 0 0 0 0 9 73 6 3 1 0 0 0 0 0 Totals 83 16 81 16 2 0 0 0 0 0 (State Primaries - September 16, 1980.) c'' ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED BALLOTS MAILED DR D R D R D R D R 1 5 0 4 0 1 0 0 0 0 0 2 20 2 8 Q 11 2 1 0 0 0 3 6 2 2 0 4 2 0 0 0 0 4 20 1 4 0 13 1 3 0 0 0 5 11 0 3 0 7 0 1 0 0 0 6 11 3 6 0 5 3 0 0 0 0 7 19 5 8 1 10 4 1 0 0 0 8 3 3 1 1 2 2 0 0 0 0 9 64 3 1 3 3 0 0 0 0 Totals 101 20 39 3 56 17 6 0 0 0 TOTALS 184 36 120 19 58 17 6 0 0 0 BALLOTS REJECTED 9 1 DEMOCRATIC PARTY BALLOT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REPRESENTATIVE IN CONGRESS (Fifth District) , James M. Shannon 371 443 363 448 407 425 537 372 406 3,772 Robert F. Hatem 184 138 114 127 130 117 132 84 125 1,151 Blanks 6 10 6 10 6 3 6 14 6 67 Totals 561 591 483 585 543 545 675 470 537 4,990 COUNCILLOR (Sixth District) Joseph A. Langone, III 260 270 226 250 262 222 282 229 258 2,259 Blanks 301 321 257 335 281 323 393 241 279 2,731 Totals 561 591 483 585 543 545 675 470 537 4,990 SENATOR IN GENERAL COURT (Fourth Middlesex District) Samuel Rotondi 364 434 336 380 408 383 471 308 349 3,433 Helen T. Metros 116 87 80 107 70 82 101 90 106 839 Blanks 81 70 67 98 65 80 103 72 82 718 Totals 561 591 483 585 543 545 675 470 537 4,990 REPRESENTATIVE IN GENERAL COURT (Fifteenth Middlesex District) Stephen W. Doran 421 437 324 420 398 395 479 341 386 3,601 Lincoln P. Cole, Jr. 0 0 0 0 0 1 0 0 0 1 Blanks 140 154 159 165 145 149 196 129 151 1,388 Totals 561 591 483 585 543 545 675 470 537 4,990 (State Primaries - September 16, 1980.) DEMOCRATIC BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals COUNTY COMMISSIONER (Middlesex County) Michael E. McLaughlin 158 132 105 132 126 97 123 109 138 1,120 S. Lester Ralph 240 331 250 290 271 288 337 215 260 2,482 Thomas J. Larkin 287 327 284 312 307 292 418 263 306 2,796 Blanks 437 392 327 436 382 413 472 353 370 3,582 Totals 1,122 1,182 966 1,170 1,086 1,090 1,350 940 1,074 9,980 SHERIFF (Middlesex County) James A. Breslin 56 33 32 47 60 42 68 52 52 442 Charles Leo Buckley 53 68 39 74 58 70 64 35 48 509 Joseph Michael Caterina 10 9 5 9 15 5 11 10 14 88 Vincent Paul Ciampa 80 44 64 51 43 42 47 40 66 477 Thomas A. Corkery 18 17 9 14 21 14 17 9 12 131 Edward F. Henneberry, Jr. 137 189 143 157 140 162 188 136 141 1,393 Michael A. McLaughlin 77 82 49 52 57 57 71 61 62 568 Vincent F. Zabbo 17 15 17 13 11 17 18 6 12 126 Blanks 113 134 125 168 138 136 191 121 130 1,256 Totals 561 591 483 585 543 545 675 470 537 4,990 REPUBLICAN PARTY=BALLOT REPRESENTATIVE IN CONGRESS (Fifth District) William C. Sawyer 80 60 49 112 79 110 88 125 101 804 James C. Shannon 1 0 1 1 0 0 3 0 0 6 Blanks 15 16 21 20 15 31 19 30 22 189 Totals 96 76 71 133 94 141 110 155 123 999 COUNCILLOR (Sixth District) Blanks 96 76 71 133 94 141 110 155 123 999 Totals 96 76 71 133 94 141 110 155 123 999 SENATOR IN GENERAL COURT (Fourth Middlesex District) Blanks 96 76 71 133 94 141 110 155 123 999 Totals 96 76 71 133 94 141 110 155 123 999 REPRESENTATIVE IN GENERAL COURT (Fifteenth Middlesex District) Lincoln P. Cole, Jr. 85 70 63 129 85 127 97 150 113 919 Blanks 11 6 8 4 9 14 13 5 10 80 _ Totals 96 76 71 133 94 141 110 155 123 999 - I — (State Primaries - September 16, 1980.) t, ` REPUBLICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals COUNTY COMMISSIONER (Middlesex County) S. Lester Ralph 0 0 0 0 0 0 1 0 0 1 Thomas Larkin 0 0 0 0 0 0 2 0 0 2 Blanks 192152 142 266 188 282 217 310 246 1,995 [--' Totals 192 152 142 266 188 282 220 310 246 1,998 i , SHERIFF (Middlesex County) Philip T. Razook 75 51 53 109 78 97 80 114 91 748 Thomas Larkin 0 0 0 0 0 0 1 0 0 1 James Breslin 0 0 0 0 0 0 1 0 0 1 Michael A. McLaughlin 0 0 0 0 0 0 0 0 1 1 Blanks 21 25 18 24 16 44 28 41 31 248 Totals 96 76 71 133 94 141 110 155 123 999 A true copy. Attest: 4. A ^ tlel.4-tliv SC-7 i (Mary R. McDonough, Town Clerk Ell' �, (WARRANT FOR STATE ELECTION - SEE WARRANT FILE) STATE ELECTION NOVEMBER 4, 1980 In pursuance of the foregoing warrant the legal voters of the Town of Lexing- ton met in their respective voting places in said Town of Lexington on Tuesday, November 4, 1980 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Junior High School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Fire Headquarters Building; Precinct Nine, Maria Hastings School. The election officers and wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Ann M. Pace D Margaret M. Potter Inspector R Dorothy P. Gauthier R Virginia M. Warner Inspector D Donna Alexson D Catherine R. Sullivan Inspector R A. Estelle Szalajeski R Josephine S. Siders Inspector D Ellen B. O'Connell Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Catherine F. Hooper D Marguerite A. Cronin Inspector R Robert P. Trask, Jr. R Winifred F. Hubbard Inspector D Marie T. Milso D Gulli I. Kula Inspector R Blanche T. Johnson R Dorothy 0. Jones Inspector D Miriam L. Miller r-- Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey L•17 R Elinor M. Vassallo Clerk R Caroline P. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector R Harold W. Josephson D Priscilla H. Winter Inspector D Catherine F. Jones R Evelyn A. Franks Inspector R Barbara M. Collins Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Norma E. Ebbs Clerk D Phyllis C. Bradford D Mary G. Faulkingham Inspector R Margaret S. Wilson R George W. Greenlaw, Jr. Inspector D Suzanne H. Spencer D Cornelius P. Cronin Inspector R Josephine M. Luther R Carole Sandra Scalise Inspector D Alice A. Coletta Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret S. Blouin Inspector R Elliott J. Barrett Inspector D Ann C. Golini Inspector R Olive Russell Frost Inspector i_J The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M. , at which time, after due notice, they were declared closed. (State Election - November 4, 1980) The total number of registered voters in each precinct eligible to vote as of October 7, 1980 as follows: ENROLLED VOTERS UNENROLLED PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN VOTERS 1 2,271 1,088 514 669 2 2,209 1,102 454 653 3 1,982 899 423 660 4 2,412 1,085 637 690 5 2,261 1,018 467 776 [I-.1 6 2,285 899 737 649 7 2,401 1,071 589 741 8 1,988 854 547 587 9 2,372 1,005 569 798 Totals 20,181 9,021 4,937 6,223 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 10:55 P.M. Precinct 2 10:55 P.M. Precinct 3 10:20 P.M. Precinct 4 10:30 P.M. Precinct 5 9:45 P.M. Precinct 6 10 P.M. Precinct 7 10:30 P.M. Precinct 8 9:55 P.M. Precinct 9 10 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 1,963 voters cast their vote Precinct 2 1,926 voters cast their vote Precinct 3 1,721 voters cast their vote r"-, Precinct 4 2,045 voters cast their vote Precinct 5 1,948 voters cast their vote Precinct 6 2,035 voters cast their vote Precinct 7 2,111 voters cast their vote Precinct 8 1,736 voters cast their vote Precinct 9 2,072 voters cast their vote Total 17,557 voters cast their vote 87% of the 20,181 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED REGISTERED AND VOTING BY MAIL (Excluding Certified Permanently Disabled) 1 107 102 5 1 0 2 111 88 22 0 1 3 74 62 8 3 1 4 166 133 26 7 1 5 104 80 18 6 1 [I] 6 126 100 21 6 1 7 137 102 29 4 2 8 80 59 18 2 2 9 84 60 15 6 4 Totals 989 786 161 35 13 - „ (State Election - November 4, 1980) - 4 I ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED REGISTERED AND VOTING BY MAIL (Certified Permanently Disabled) 1 4 4 2 10 9 1 4 5 5 5 1 1 ----. 7 2 2 8 1 1 9 4 4 Totals 27 26 1 OVER-THE-COUNTER 1 33 33 2 35 35 3 42 42 4 44 44 5 23 23 6 42 41 1 7 38 38 8 23 23 9 3735 2 Totals 317 314 3 NON-REGISTERED AND VOTING BY MAIL 1 1 0 1 2 5 3 2 3 2 2 0iLli 4 4 1 2 1 5 2 1 1 6 1 1 0 7 1 1 0 8 6 4 2 9 31 2 Totals 25 14 10 1 PARTIAL BALLOTS 4 2 2 7 1 1 8 1 0 1 9 2 11 Totals 6 4 2 TOTALS 1,364 1,144 177 30 13 BALLOTS REJECTED Precinct 1 4 " :-] Precinct 2 2 Precinct 3 2 Precinct 4 4 Precinct 5 5 Precinct 6 0 Precinct 7 3 Precinct 8 1 Precinct 9 3 Total 31 4 (State Election - November 4, 1980) Partial Ballot Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PRESIDENT and VICE PRESIDENT Anderson and Lucey 355 386 340 446 370 465 511 320 435 1 3,629 Carter and Mondale 739 857 655 788 732 676 762 631 715 2 6,557 Clark and Koch 7 12 15 15 16 8 17 13 13 116 Deberry & Zimmerman 4 4 5 4 3 7 2 4 1 34 Reagan and Bush 816 635 687 772 796 864 793 746 889 1 6,999 Bubar and Dodge 0 0 0 0 0 0 0 0 0 0 Commoner and Harris 2 9 1 2 2 4 4 2 0 26 McReynolds and Drufenbrock 0 0 4 0 0 1 0 0 0 5 Griswold and Holmes 0 0 0 0 0 0 0 0 0 0 All others 0 1 1 2 1 0 3 3 0 11 Blanks 40 22 13 16 28 10 19 17 19 0 184 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 4 17,561 REPRESENTATIVE IN CONGRESS (Fifth District) James M. Shannon 1182 1228 1008 1149 1151 1109 1281 999 1140 10,247 William C. Sawyer 573 507 519 707 618 741 647 577 744 5,633 Anderson and Lucey 1 1 Clark and Koch 1 1 Blanks 208 189 194 189 179 185 183 160 188 1,675 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 COUNCILLOR (Sixth District) Joseph A. Langone, III 1003 937 830 970 960 913 957 836 1015 8,421 All others 2 5 7 Blanks 960 989 889 1075 983 1122 1154 900 1057 9,129 [--I Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 SENATOR IN GENERAL COURT (Fourth Middlesex District) Samuel Rotondi 1215 1252 1070 1225 1260 1216 1266 1017 1220 10,741 All others 1 1 Blanks 748 674 650 820 688 819 845 719 852 6,815 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 REPRESENTATIVE IN GENERAL COURT (Fifteenth Middlesex District) Lincoln P. Cole, Jr. 801 762 746 956 877 1027 918 847 984 7,918 Stephen W. Doran 1039 1065 872 997 978 938 1093 817 994 8,793 Blanks 123 99 103 92 93 70 100 72 94 846 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 COUNTY COMMISSIONER (Middlesex County) Michael E. McLaughlin 735 659 564 668 672 626 594 538 664 5,720 Thomas J. Larkin 923 947 881 1003 953 960 1109 907 1057 8,740 All others 0 0 3 2 1 1 0 1 1 9 Blanks 2268 2246 1994 2417 2270 2483 2519 2026 2422 20,645 Totals 3926 3852 3442 4090 3896 4070 4222 3472 4144 35,114 SHERIFF (Middlesex County) Edward F. Henneberry, Jr. 1062 1088 951 1031 1013 942 1059 901 1044 9,091 Philip T. Razook 431 386 349 515 477 587 505 431 553 4,234 Blanks 470 452 421 499 458 506 547 404 475 4,232 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 (State Election - November 4, 1980) II Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION NO. 1. (Prohibiting discrimination against the handicapped) Yes 1081 1136 991 1126 1163 1141 1233 988 1142 10,001 No 625 636 559 736 582 691 719 612 787 5,947 Blanks 257 154 171 183 203 203 159 136 143 1,609 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 2. (Limiting local taxes) Yes 1034 833 873 935 986 943 1023 857 1106 8,590 No 792 1010 777 1016 876 1005 999 819 917 8,211 Blanks 137 83 71 94 86 87 89 60 49 756 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 3. (Limiting state and local taxes and increasing the state share of education costs) Yes 609 616 536 607 640 654 649 538 626 5,475 No 1118 1138 1069 1254 1114 1177 1299 1043 1321 10,533 Blanks 236 172 116 184 194 204 163 155 125 1,549 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 4. (Increased salaries for certain state officials) Yes 225 395 288 414 321 394 398 307 392 3,134 No 1488 1355 1265 1436 1436 1453 1550 1282 1521 12,786 Blanks 250 176 168 195 191 188 163 147 159 1,637 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 5. (Restricting state authority to place certain costs on cities and towns) Yes 1104 1191 1039 1252 1179 1261 1353 1050 1306 10,735 No , 493 573 439 507 478 482 493 444 533 4,442 Blanks 366 162 243 286 291 292 265 242 233 2,380 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 6. (Changing legislative voting procedure for emergency laws) Yes 425 459 385 459 412 505 466 391 487 3,989 No 1130 1163 1064 1264 1198 1201 1345 1075 1306 10,746 Blanks 408 304 272 322 338 329 300 270 279 2,822 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 QUESTION NO. 7. (Moratorium on construction and licensing new nuclear power plants) Yes 727 849 704 796 776 752 868 697 745 6,914 No 821 758 748 925 857 941 946 775 1025 7,796 Blanks 415 319 269 324 315 342 297 264 302 2,847 Totals 1963 1926 1721 2045 1948 2035 2111 1736 2072 17,557 A true copy. mistmoit Attest. , a Mary R. McDonough, Town Clerk