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Home My WebLink About1981-1986 Town Records Book 22 Stephen W. Doran, 16 Village Circle, resigned on January 9, 1981 as a Town Meeting Member from Precinct One. As Lexington's Representative to the General Court, elected November 4, 1980 and sworn to the faithful performance of his duties on January 8, 1981, Mr. Doran is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Nicholas A. Ruocco, 45 Fottler Avenue, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct One at the Annual Town Election held March 3, 1980. As of January 14, 1981 Mr. Ruocco accepted the position of Town Meeting Member from Precinct One to fill the vacancy caused by the resignation of Mr. Doran. This term will expire in iI March 1981 at the next Annual Town Election. SPECIAL TOWN MEETING HELD JANUARY 26, 1981 (For Warrant - See Warrant File) The meeting was called to order in Cary Memorial Hall at 8:08 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 174 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. 8:10 P.M. The 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. Article 1. At the request of Board of Selectmen Chairman, Mary W. Miley, the Town Manager, Robert M. Hutchinson, Jr. was recognized. Mr. Hutchinson gave an explanation on the estimated FY82 budget and tax rate and the effect that Proposition 2 1/2 will have on the budget. 8:28 P.M. William J. Dailey, Jr., Vice Chairman of the Appropriation Committee, moved that the report of said committee be accepted and placed on file. Carried Unanimously. 8:28 P.M. Article 2. Presented by Mary W. Miley. MOTION: That the sum of $95,000 be appropriated to be used in (As conjunction with money appropriated under Article 4 of the warrant adopted) for the 1980 annual town meeting for the following line items, and that such amount be transferred from the Excess and Deficiency Account (Free Cash) : 1125 Fire & Police Medical Expenses $10,000 4120 Fire Department Collective Bargaining Unit - P.S. $20,000 5600 Street Lights Expenses $45,000 6100 Shade Tree Expenses $20,000 8:30 P.M. (Special Town Meeting - January 26, 1981. ) Article 2. Mrs. Miley explained that workmen's compensation is not available for (Cont. ) fire personnel and that there is additional overtime. The increase in fuel costs has put a burden on the street lights budget and the Shade Tree Expenses request is due to the attack of the gypsy moths. 8:31 P.M. Winifred L. L. Friedman asked what the money was to be used for in the Shade Tree Expenses. Mrs. Miley answered that because of the trouble last year with the gypsy moths that they must attack early this year and this is thought of as an emergency. 8:33 P.M. Responding to a question raised by Paul Riff in, Mrs. Miley said that Dipel would be used. 8:33 P.M. Paul E. Mazerall, Supt. of the Park Department, explained that during 1980 two applications of Dipel were used. It is planned to hit the same areas again this year using two spray tanks. Cold weather has no effect on the eggs as it only makes them harder. 8:37 P.M. In response to a query by Patricia K. Hagedorn, Mr. Mazerall said that Precinct One would be included. Motion, as presented by Mrs. Miley, carried by voice vote. 8:46 P.M. Article 3. Presented by James F. Crain. MOTION: That the sum of $120,000 be appropriated in addition to the amount appropriated under Article 4 of the warrant for the 1980 annual town meeting, for the following line items, to fund costs included in the collective bargaining agreement reached between the Town and the International Brotherhood of Police Officers, Local #377, and that such amount be transferred from the Excess and Deficiency Account: 3770 Police Collective Bargaining Unit- Personal Services $116,000 3800 Police Department Expenses $ 4,000 Carried Unanimously. 8:51 P.M. Article 4. Presented by Margery M. Battin. MOTION: That the sum of $35,000 be appropriated, in addition to the amount appropriated under Article 26 of the warrant for the 1979 annual town meeting, to construct, equip and furnish an addition to the existing cemetery building, and that such amount be transferred from Excess and Deficiency Account. Carried by voice vote. 8:54 P.M. Article 5. Presented by Alfred S. Busa. MOTION: That the sum of $18,000 be appropriated for plans and specifications for reconstructing and making extraordinary repairs to Cary Memorial Library, and that such amount be transferred from Overlay Surplus. Carried by voice vote. 8:57 P.M. ` Article 6. Presented by Robert B. Kent. MOTION: That the sum of $20,000 be appropriated for legal fees in connection with judicial proceedings arising out of the construction of the addition to Cary Memorial Library, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 9:01 P.M. (Special Town Meeting - January 26, 1981.) 3 Article 7. Moderator, Lincoln P. Cole, Jr. took the floor and moved that this article be indefinitely postponed. Carried Unanimously. 9:02 P.M. Article 8. Presented by James F. Crain. MOTION: That the Board of Selectmen be authorized to enter into a contract with the Town of Arlington whereby that town would provide computer services in connection with data processing operations, including water department billing. Carried Unanimously. 9:04 P.M. Article 9. 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 Department of Public Works equipment, including the Bomag Compactor, valued in excess of $1,000. Carried Unanimously. 9:07 P.M. Article 10. Presented by William J. Dailey, Jr. MOTION: That the first paragraph of Section 5 of Article XIII of the General By-Laws of the Town of Lexington be amended as set forth in this Article. (Article 10 as set forth in this article: To see if the Town will vote to amend the first paragraph of Section 5 of Article XIII of the General By-Laws of the Town of Lexington relating to the Appropriation Committee by striking it and sub- stituting therefor the following: The Committee shall prior to each annual town meeting for the transaction of business prepare, publish and distribute by making copies available at the Office of the Town Clerk and at Cary Memorial Library, and by mailing to each town meeting member, a budget showing in detail the anticipated income and expenditures of the Town for the then current year, together with its advice and recommendations with reference to the various appropriations of the town funds, and other municipal matters coming before such town meeting. This publication may be combined with and distributed at the same time as the Capital Expenditures Committee Report. or act in any other manner in relation thereto. ) Motion, as presented by Mr. Dailey, declared carried by voice vote. 9:14 P.M. Article 10 as adopted: MOTION: That the first paragraph of Section 5 of Article XIII of the General By-Laws of the Town of Lexington relating to the r--, (As Appropriation Committee be amended by striking it and substituting adopted) therefor the following: (APPROVED The Committee shall prior to each annual town meeting for the by Atty. transaction of business prepare, publish and distribute by Gen. , May 6, making copies available at the Office of the Town Clerk and at 1981. Cary Memorial Library, and by mailing to each town meeting member, Published a budget showing in detail the anticipated income and expendi- Lex. Min. tures of the Town for the then current year, together with its Man. , May advice and recommendations with reference to the various appro- 14 & 21, priations of the town funds, and other municipal matters coming 1981.) before such town meeting. This publication may be combined with and distributed at the same time as the Capital Expenditures Committee Report. Carried by voice vote. 9:14 P.M. 4 (Special Town Meeting - January 26, 1981.) Article 11. Presented by Robert B. Kent. (As MOTION: That the Town accept Section 4G of Chapter 40 of the General adopted. Laws. (Chapter 40, Section 4G of the General Laws: ADVERTISING MUNICIPAL CONTRACTS PRIOR TO AWARD. Notwithstanding the provisions of section four B, in any city or town which accepts the provisions of this section, unless other- wise provided by by-law or special law in towns and districts, no r ti contract for the purchase of equipment, supplies or materials, the actual or estimated cost of which amounts to four thousand dollars or more, except in cases of special emergency involving the health `+ or safety of the people or their property, shall be awarded unless proposals for the same have been invited by advertisement in at least one newspaper, if any, published in the town or district, otherwise in at least one newspaper of general circulation in the town or district, such publication to be at least one week before the time specified for the opening of said proposals. Such advertisement shall state the time and place for opening the pro- posals in answer to said advertisement, and shall reserve to the town or district the right to reject any or all such proposals. All such proposals shall be opened in public. No bill or contract shall be split or divided for the purpose of evading any provisions of this section. Materials purchased by any town, under specifi- cations of the department of public works, and at prices established by said department of public works, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter eighty-one or chapter ninety, shall not be subject to the requirements of this section. The provisions of this section shall apply to regional school districts. The provisions of this section shall not be construed_ to prevent the purchase of supplies for municipally operated hospitals without advertised public bids under group purchasing contracts with any agency which has been certified for this purpose by the director of accounts in the bureau of accounts, provided that such contracts are filed with the town accountant or city auditor. The name and address of every person whose contract or contracts with the town involve a cumulative cost in excess of four thousand dollars during the fiscal year of said town shall be posted in the office of the town clerk by the town accountant of said town. The provisions of this section shall be deemed to have been complied with on all purchases made under the provisions of sections twenty-two A and twenty-two B of chapter seven when one municipality acting on behalf of other municipalities complies with the provi- sions of this section, or when purchases are made from a vendor holding a contract with the commonwealth for the item or items being purchased. Whoever violates any provision of this section shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment; and in the event of final con- viction, said person shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any county, district, or municipal agency.) Motion, as presented by Mr. Kent, carried unanimously. 9:17 P.M. Article 12. Presented by Robert B. Kent. (Approved by Atty. Gen. , MOTION: That Section 1 of Article XXII of the General By-Laws of May 6, 1981. the Town of Lexington be amended by striking out "$2,000" each Published in time it appears and substituting therefor "$4,000". Lex. Min. Man May 21 & 28, Carried Unanimously. 9:18 P.M. 1981.) taw (Special Town Meeting - January 26, 1981.) Article 13. Presented by Mary W. Miley. MOTION: That the Town accept Amendment No. 3 to the agreement (As establishing the Minuteman Regional Vocational Technical School adopted) District as proposed by vote of the Minuteman School Committee by vote adopted on October 7, 1980. (AMENDMENT NO. 3 TO THE AGREEMENT ESTABLISHING THE MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT The agreement among the towns of Acton, Arlington, Belmont, Bolton, Boxborough, Carlisle, Concord, Lancaster, Lexington, Lincoln, Needham, Stow, Sudbury, Wayland and Weston entitled "Agreement with Respect to the Establishment of a Technical and Vocational Regional School District" as heretofore amended (the "Agreement") is hereby further amended as follows: A. Subsection I (C) of the Agreement is amended by deleting the second sentence thereof, as inserted by Amendment No. 2, and sub- stituting in its place the following sentence: The moderator of each town that shall be admitted to the District pursuant to Section VIII of this Agreement shall, prior to the date on which such admission takes effect, appoint one member to serve on the Committee beginning on such date for a term of three years, or for such shorter term as may be necessary to retain symmetry of terms on the Committee as a whole. B. Subsection I(C) of the Agreement is further amended by deleting the last sentence thereof and substituting in its place the following sentence: The term of each member of the Committee shall commence on July 1 of the year in which he or she is appointed. C. Subsection I(E) of the Agreement is amended by deleting said subsection and substituting in its place the following subsection: (E) Annually, on a date specified in the by-laws of the District, the Committee shall organize and choose by ballot a chairman and a vice-chairman from among its own membership. D. Transition and Effective Date of Amendment No. 3. Amendment No. 3 to the Agreement, proposed by vote of the Committee adopted on October 7, 1980, shall take full effect on January 1 of the year following the year in which it has been accepted by all the member towns and the terms of all the members of the Committee in office on such January 1 shall be extended to expire at the commencement of the term of their successors in the year in which their terms would otherwise expire pursuant to the Agreement as amended by Amendment No. 3.) Motion, as presented by Mrs. Miley, carried unanimously. 9:20 P.M. Article 14. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 9:20 P.M. Mrs. Battin explained that this article (revocation of Sec. 37 of Ch. 19 - now Sec. 48 of Ch. 31 G.L. relating to members of the Police Department) needs further study by the Board of Selectmen and is therefore being inserted in the warrant for the annual town meeting. Motion to indefinitely postpone carried unanimously. 9:21 P.M. Mary W. Miley moved that this meeting be dissolved which was carried unanimously. 9:21 P.M. A true copy. Attest: R ar!r R. McDonough, To n Clerk 6 William P. Hadley, 31 Robbins Road, resigned as a Town Meeting Member from Precinct Two on February 20, 1981. This vacancy will be filled at the March 2, 1981 Annual Town Election by the next defeated candidate that receives the highest vote. (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) , ANNUAL TOWN ET,FCTION - MARCH 2, 1981 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 Monday, March 2, 1981 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 Catherine R. Sullivan Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Josephine S. Siders R Winifred F. Hubbard Inspector D Priscilla H. Winter 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 Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Robert P. Trask, Jr. Clerk D Phyllis C. Bradford D Mary G. Faulkingham Inspector R Margaret S. Wilson R George W. Greenlaw, Jr. 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 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 2, 1981.) The total number of registered voters in each precinct eligible to vote as of February 10, 1981 as follows: PRECINCT DEMOCRATIC REPUBLICAN UNENROLLED TOTALS 1 1,077 500 679 2,256 2 1,088 446 669 2,203 3 888 418 669 1,975 4 1,065 621 701 2,387 5 1,008 466 792 2,266 6 898 721 674 2,293 7 1,045 572 770 2,387 [7 8 843 538 603 1,984 9 977 554 828 2,359 Totals 8,889 4,836 6,385 20,110 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 8:50 P.M. Precinct 2 9 P.M. Precinct 3 8:37 P.M. Precinct 4 9:08 P.M. Precinct 5 8:45 P.M. Precinct 6 8:52 P.M. Precinct 7 8:55 P.M. Precinct 8 9 P.M. Precinct 9 8:57 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 831 voters cast their vote Precinct 2 766 voters cast their vote Precinct 3 528 voters cast their vote Precinct 4 862 voters cast their vote Precinct 5 676 voters cast their vote 1 Precinct 6 891 voters cast their vote Precinct 7 799 voters cast their vote Precinct 8 724 voters cast their vote Precinct 9 711 voters cast their vote Total 6,788 voters cast their vote 33.754% of the 20,110 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) 1 11 9 2 0 0 2 14 8 5 1 0 3 10 8 2 0 0 4 13 7 5 0 1 5 17 13 4 0 0 r- 6 20 13 5 1 1 7 19 11 7 1 0 8 8 6 2 0 0 9 82 6 0 0 Totals 120 77 38 3 2 VOTED BY MAIL (CERTIFIED PERMANENTLY DISABLED) 1 1 1 4 11 Totals 2 2 (Annual Town Election - March 2, 1981.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED OVER-THE-COUNTER 1 6 6 2 4 4 3 3 3 4 13 13 5 4 4 6 6 6 �._ 7 2 2 8 8 8 9 5 5 Totals 51 51 TOTALS 173 130 38 3 2 No ballots were rejected. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN James F. Crain 460 456 305 524 415 589 483 469 433 4,134 Stephen Michael Politi 541 403 294 442 374 477 389 404 435 3,759 Martha C. Wood 315 405 245 440 338 442 491 346 335 3,357 Blanks 346 268 212 318 225 274 235 229 219 2,326 Totals 1,662 1,532 1,056 1,724 1,352 1,782 1,598 1,448 1,422 13,576 James F. Crain and Stephen Michael Politi were elected to the Board of Selectmen each for a term of three years ending in March 1984. MODERATOR Lincoln P. Cole, Jr. 582 567 408 630 532 672 578 570 546 5,085 Blanks 249 199 120 232 144 219 221 154 165 1,703 Totals 831 766 528 862 676 891 799 724 711 6,788 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending in March 1982. SCHOOL COMMITTEE James C. Beck 305 425 242 452 324 507 462 314 321 3,352 Richard F. Perry 448 312 266 382 327 368 308 381 358 3,150 Blanks 78 29 20 28 25 16 29 29 32 286 Totals 831 766 528 862 676 891 799 724 711 6,788 James C. Beck was elected to the School Committee for a term of three years ending in March 1984. PLANNING BOARD Jacquelyn R. Smith 462 467 317 518 423 600 506 458 419 4,170 Blanks 369 299 211 344 253 291 293 266 292 2,618 Totals 831 766 528 862 676 891 799 724 711 6,788 Jacquelyn R. Smith was elected to the Planning Board for a term of five years ending in March 1986. (Annual Town Election - March 2, 1981.) 9 .. _'::__°_ Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals LEXINGTON HOUSING AUTHORITY James M. McLaughlin 477 460 312 488 424 559 442 474 435 4,071 Jeffrey Spencer 0 0 0 0 0 1 0 0 0 1 Marian Reilly 0 0 0 0 0 0 0 1 0 1 Blanks 354 306 216 374 252 331 357 249 276 2,715 Totals 831 766 528 862 676 891 799 724 711 6,788 James M. McLaughlin was elected to the Lexington Housing Authority for a term of five years ending in March 1986. TOWN MEETING MEMBERS - PRECINCT ONE *James Cataldo 351 *Mark Doran 398 *Patricia K. Hagedorn 373 *Ronald Levy 343 Evangeline Legassie 228 John P. Meehan 217 Nicholas A. Ruocco 239 Richard J. Shaw 267 Benny A. Santosuosso 273 Joseph Tassone 245 *Albert P. Zabin 398 *Marie T. Walton 293 *Nancy M. Adler 353 **Robert E. Walton 285 Doward L. Barter, Jr. 281 Blanks 2,104 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT TWO *Julian J. Bussgang 448 Benjamin S. Goldstein 248 Laura E. Fisher 287 Thomas J. Smith 133 *Frank I. Michelman 464 *Elaine M. Sullivan 324 *Arthur C. Smith 421 *Christina J. Welch 399 *Carolyn C. Wilson 387 William S. Widnall 297 — *George E. Foote, Jr. 354 Blanks 1,600 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE Donald H. Briggs, III 212 *John J. McWeeney 256 *Joy C. Buchfirer 253 *James P. Reilly 223 *Suanne C. Dillman 286 Joseph A. Campbell 195 *Jean Gaudet 279 **Francis P. McCarron 215 *Erna S. Greene 276 Blanks 1,730 *Gloria V. Holland 299 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT FOUR Anne Berg 299 Christopher R. Anderson 317 *Martin A. Gilman 408 John N. Bradford 288 *Georgia S. Glick 409 Stephen B. Cripps 263 *Daniel L. McCabe 407 Timothy P. Hart 270 *Karsten Sorensen 381 **Peter C. J. Kelley 355 *George P. Wadsworth 369 *Margaret F. Rawls 407 *Martin K. White 376 Blanks 2,347 [I- *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT FIVE *Wallace Cupp 334 *Florence A. Baturin 292 *Jonathan P. Doran 417 *John Orin Hayward 335 *Elaine Dratch 413 Araxi A. Prevot 206 *George F. McCormack 335 *Ephraim Weiss 351 Warren Roberts 234 Blanks 1,815 *Elected for three years. 4 (Annual Town Election - Mardh 2, 1981.) 10 TOWN MEETING MEMBERS - PRECINCT SIX Dorothy M. Boggia 304 *William T. Spencer 531 *Margaret N. Brooke 496 *Susan S. Beck 546 *Levi G. Burnell 440 Dean H. Curtin 387 *Judith B. Marshall 510 *John S. Willson 491 *William R. Page 520 Blanks 2,012 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN Esther S. Arlan 222 *Martha C. Wood 530 Ill *Lloyd Gilson 377 Barry M. Gilman 200 Clarice B. Gordon 306 Miriam L. Miller 274 *Myron L. Miller 344 Thomas E. Raboin 257 *David Reiner 377 *Roger G. Trudeau 341 *William J. Scouler 418 Blanks 1,562 *Jacquelyn H. Ward 385 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT *William P. Fitzgerald 438 Michael E. Lavender 293 *Richard A. Michelson 495 *Jacquelyn R. Smith 380 *Laura F. Nichols 410 Reed Kingston Taylor 3 *Gordon R. Osgood 359 Walter Kmiec 1 *Jack Sarmanian 422 John Fresina 1 **Shirley H. Stolz 343 Patricia Fresina 1 *Suzanne S. Frank 399 Blanks 2,247 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE 1- *Joan N. L. Collins 381 Alice J. Adler 252 *--] James E. Cosgrove 258 *Kenneth 0. Alves 280 *Richard M. Perry 414 *James J. Findley 396 *Daniel E. Power 361 Jacquelyn M. Geany 178 *Donald J. Shaw 368 Blanks 1,811 *Roy Weinstein 278 *Elected for three years. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION NO. 1. (Indemnification of Municipal Officers) Yes 241 244 194 279 248 324 277 246 252 2,305 No 122 105 85 115 127 128 127 124 130 1,063 Blanks 468 417 249 468 301 439 395 354 329 3,420 Totals 831 766 528 862 676 891 799 724 711 6,788 QUESTION NO. 2. (Additional Insurance For Employees - No Premium Contribution By The Town) Yes 226 253 198 264 257 322 278 258 230 2,286 No 152 115 97 135 123 145 124 123 175 1,189 Blanks 453 398 233 463 296 424 397 343 306 3,313 Totals 831 766 528 862 676 891 799 724 711 6,788 A true copy. Attest: 1/4 711211,VA, K1. 6 e ll.) 4 a Mary R. McDonough, Town Clerk 1: William S. Widnall, 22 Summit Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Two at the Annual Town Election held March 2, 1981. As of March 11, 1981 Mr. Widnall's acceptance of a position as Town Meeting Member from Precinct Two has been filed with the Town Clerk. This position is to fill the vacancy caused by the resignation of William P. Hadley, 31 Robbins Road on February 20, 1981. The term will expire in March 1982. Stephen Michael Politi, 25 Deering Avenue, resigned as a Town Meeting Member from Precinct Nine effective March 9, 1981. As Mr. Politi was elected to the Board of Selectmen at the Annual Town Election held March 2, 1981, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. James E. Cosgrove, 307 Wood Street, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 2, 1981. As of March 10, 1981 Mr. Cosgrove has accepted the position of Town Meeting Member from Precinct Nine to fill the vacancy caused by the resignation of Mr. Politi. This term will expire in March 1982. ANNUAL TOWN MEETING - MARCH 16, 1981 The meeting was called to order in Cary Memorial Hall at 8:08 P.M. by the Moderator, Lincoln P. Cole, Jr. '—~ There were 188 Town Meeting Members present. The invocation was offered by Rev. Peter Hunt Meek of the Hancock United Church of Christ. 8:10 P.M. Mary R. McDonough, Town Clerk, read the Warrant for the meeting until further reading was waived. 8:13 P.M. The Town Clerk read the Constable's Return of the Warrant. 8:13 P.M. The Moderator called a formal recess at 8:13 P.M. for the purpose of recognizing Selectman, James F. Crain. Mr. Crain introduced the Lexington High football team, the Middlesex League Champions for the past season. Frank I. Michelman, Chairman of the School Committee, spoke in behalf of his committee and offered a resolution which was unanimously adopted. 8:17 P.M. The Moderator again called the meeting to order at 8:17 P.M. Article 2. Mary W. Miley, Chairman of the Board of Selectmen, stated that the plan for the evening schedule would be as follows: Articles 1 - 12 and Article 25 would be taken up. Article 7 - motion would be made to table. Mrs. Miley asked that the Town Manager, Robert M. Hutchinson, Jr. be recognized. Mr. Hutchinson presented an overall report of the upcoming budget. 8:35 P.M. Mrs. Miley's report for the Board of Selectmen, as stated above, was adopted unanimously. 8:35 P.M. (Annual Town Meeting - March 16, 1981.) Article 2. George P. Wadsworth, Chairman of the Appropriation Committee moved (Cont. ) that the Report of the Appropriation Committee as included in the warrant be accepted and placed on file. He also filed a Fiscal Year 1982 Report of the Appropriation Committee. Adopted Unanimously. 8:37 P.M. Mary W. Miley moved that the Town Manager's 1980 Status Report on Open Money Articles be accepted and placed on file. r Adopted Unanimously. 8:37 P.M. Iris G. Wheaton, Chairman of the Planning Board, moved that the Annual Report - 1980 of the Planning Board be accepted and placed on file. 8:38 P.M. Mrs. Wheaton explained that notice had been received from the pro- ponents of some of the zoning articles that the articles would be withdrawn, namely, Articles 27, 30, 31, 32, 33 and 34. 8:40 P.M. In response to Patricia K. Hagedorn's request that the Town Manager's budget report be put in written document form to be distributed to the Town Meeting Members for study, Mrs. Miley stated that any Town Meeting Member could meet with the Town Manager and discuss or question any part of the report. 8:40 P.M. Motion to file and accept the Annual Report - 1980 of the Planning Board was unanimously adopted. 8:40 P.M. The Moderator stated that Article 2 would remain open throughout the meeting. 8:40 P.M. Article 3. Presented by Mary W. Miley. 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. Adopted Unanimously. 8:41 P.M. Article 4. Presented by Mary W. Miley. MOTION: That a committee of five be appointed by the Selectmen to study the General By-Laws of the Town of Lexington, to make recommendations for their revision and to report to the 1982 annual town meeting. 8:42 P.M. Mrs. Miley explained that the last time that the by-laws had been reviewed was in 1967. 8:43 P.M. Adopted Unanimously. 8:43 P.M. Article 5. Presented by Mary W. Miley. (See Pg. MOTION: That a committee of five be appointed by the Selectmen to 13 for study accessory apartments existing in the Town, to make recommenda- adopted tions with respect thereto and to report to the 1982 annual town motion) meeting. 8:43 P.M. (Annual Town Meeting - March 16, 1981. ) 1 3 Article 5. Iris G. Wheaton asked if a member of the Planning Board would be (Cont. ) appointed to this committee. Mrs. Miley answered that it would be difficult to take a vote on that item at this time. 8:48 P.M. Paul V. Riff in stated that he thought that a member of the Board of Assessors should be on the committee. 8:50 P.M. James M. McLaughlin moved that the motion under Article 5 be tabled but this motion was declared lost by voice vote. 8:51 P.M. John F. Downey moved to amend the main motion by striking the word "existing". 8:53 P.M. Mr. Downey's motion to amend was declared adopted by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 19 Barry E. Sampson 1 2 7 Carolyn C. Wilson 12 3 11 Suanne C. Dillman 7 4 12 Margaret F. Rawls 3 5 14 Marjorie M. Daggett 6 6 8 Setha G. Olson 9 7 8 Graydon M. Wheaton 9 8 13 A. Patricia McCabe 2 9 5 Deborah B. Green 12 At Large 14 William J. Dailey, Jr. 3 Totals 111 64 Mr. Downey's motion to amend adopted. 8:57 P.M. The Moderator stated that the main motion, as amended, is now before the meeting. 8:57 P.M. William E. Bicknell moved to amend by striking the figure "five" and substituting therefor the figure "nine". This motion was declared lost by voice vote. 9:02 P.M. Martin L. Hagerty moved to amend by adding after the words "in the Town" the words "as of January 1, 1981". 9:03 P.M. After general discussion, Roy Weinstein moved the previous question which was declared adopted by voice vote. 9:10 P.M. Mr. Hagerty's motion to amend was declared defeated by voice vote. 9:10 P.M. Main motion as presented by Mrs. Miley and amended by Mr. Downey now reads: (As MOTION: That a committee of five be appointed by the Selectmen to adopted) study accessory apartments in the Town, to make recommendations with respect thereto and to report to the 1982 annual town meeting. Adopted by voice vote. 9:11 P.M. Article 6. Presented by James F. Crain. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) petition the General Court for an act to remove the positions of Sealer of Weights and Measures and Plumbing and Gas Inspector in (See the Town from Civil Service. Ch. 398, 9:12 P.M. Acts of 1981.) James E. Barry moved that Article 6 be postponed until after action had been taken on Article 7, but immediately withdrew this motion. 9:13 P.M. i. (Annual Town Meeting - March 16, 1981. ) Article 6. Mr. Crain explained that the two positions as specified in the motion (Cont.) are part-time positions and that both employees had been told at the time of hiring of the possibilty that the positions would no longer be under Civil Service. He added that the Board of Selectmen recommended passage of this motion. 9:15 P.M. James E. Barry moved that Article 6 be postponed until after action on Article 7. This motion was defeated by voice vote. 9:15 P.M. Stephen W. Doran requests that when the vote is taken on this article that it be taken by standing vote if it is not unanimous. 9:17 P.M. In response to a question raised by Manfred P. Friedman, Mr. Crain said that one of the employees was in favor of this motion but that the other employee had not been able to be contacted. 9:17 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 9 Barry E. Sampson 12 2 18 Carolyn C. Wilson 2 3 10 Suanne C. Dillman 8 4 17 Margaret F. Rawls 1 5 12 Marjorie M. Daggett 7 6 15 Setha G. Olson 2 7 15 Graydon M. Wheaton 2 8 7 A. Patricia McCabe 9 9 10 Deborah B. Green 7 At Large 17 William J. Dailey, Jr. 3 Totals 129 53 Main motion, as presented by Mr. Crain, adopted. 9:23 P.M. Article 7. James F. Crain moved to table Article 7. 9:23 P.M. (See Motion was declared adopted by voice vote, which was doubted, so a Page standing vote was taken as follows: 46) Precinct In Favor Tellers Opposed 1 11 Barry E. Sampson 10 2 10 Carolyn C. Wilson 5 3 7 Suanne C. Dillman 9 4 15 Margaret F. Rawls 3 5 9 Marjorie M. Daggett 11 6 13 Setha G. Olson 4 7 15 Graydon M. Wheaton 3 8 7 A. Patricia McCabe 9 9 10 Deborah B. Green 6 At Large 15 William J. Dailey, Jr. 5 Totals 112 65 Motion to table Article 7 was adopted. 9:27 P.M. James E. Barry served notice of reconsideration of Article 6. 9:27 P.M. Article 8. Daniel L. McCabe moved to table Article 8. 9:27 P.M. Motion to table Article 8 adopted by voice vote. 9:27 P.M. (See Page 61.) (Annual Town Meeting - March 16, 1981.) 1 5 Article 9. Presented by Margery M. Battin. (Approved MOTION: That Article VI of the General By-Laws of the Town by Atty. of Lexington be amended by deleting at the end of Section 2 Gen. , thereof the words "but shall be allowed and paid Two Hundred Sept. 14, Dollars per member per year as reimbursement for the costs 1981. and expenses incurred in office". Published 9:28 P.M. Lex. Min. Man, Oct. Motion adopted by voice vote. 9:32 P.M. 1 & 8, 1981) Article 10. Presented by Margery M. Battin. (As MOTION: That Article VII of the General By-Laws of the Town adopted) of Lexington be amended by adding a new Section 7 thereto as set forth in this article. 9:32 P.M. (Approved by Atty. (Article 10 as set forth in the article in the warrant: Gen. , Sept. 14, To see if the Town will vote to amend Article VII of the 1981. General By-Laws of the Town of Lexington by adding a new Published Section 7 thereto as follows: Lex. Min. Man, Oct. Section 7. The fees of the Town Clerk shall be as esta- 1 & 8, blished in Section 34 of Chapter 262 of the General Laws, 1981.) and any acts in amendment thereof or in addition thereto, except for the following which shall be as listed: Description Fee 1. For filing & indexing assignment for the benefit of creditors. $ 5. 2. For correcting errors in a record of birth. 5. 3. For furnishing certificate of a birth. 3. 4. For furnishing an abstract of a record of birth. 2. 5. For entering delayed record of birth. 5. 6. For filing certificate of a person conducting business under any title other than his real name. 10. 7. For the filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or of a change of location of, such business. 5. 8. For furnishing certified copy of certificate of person conducting business under any title other than his real name, or a statement by such person of his discontinuance, retirement or withdrawal from such business. 3. 9. For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth. 10. 10. For correcting errors in a record of death. 5. 11. For furnishing a certificate of death. 3. 12. For furnishing an abstract copy of a record of death. 2. 13. For entering notice of intention of marriage and issuing certificate thereof. 10. 6 (Annual Town Meeting - March 16, 1981.) Article 10. Description Fee (Cont. ) 14. For entering certificate of marriage filed by persons married out of the commonwealth. $ 3. 15. For issuing certificate of marriage. 3. 16. For furnishing an abstract copy of a record of marriage. 2. 17. For correcting errors in a record of marriage. 5. 18. For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof. 10. 19. For recording the name of the owner of a certificate of registration as a physician or osteopath in the commonwealth. 10. 20. For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase of number of wires and cable or attachments under the provisions of section twenty-two of chapter one hundred and sixty-six, 25. flat rate and additional for each street or way included in such order. 5. additional fee 21. For copying any manuscript or record pertaining to a birth, marriage or death. 3. per page 22. For receiving and filing of a complete inventory of all items to be included in a "closing out sale", "going out of business sale", "discontinuance of business sale", "selling out", "liquidation", "lost our lease", "must vacate", "forced out", or other designation of like meaning. 2. per page 23. For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, 1 or any amendment thereof, as provided by section two of chapter one hundred and eighty-two. 10. 24. For recording any paper not specifically named herein, the fee shall, unless otherwise provided, be 5. per 1st p 2. ea. add. p If a paper contains the names of more than two parties, an additional fee of one dollar each shall be charged for indexing the names of additional parties. 1. or act in any other manner in relation thereto. ) Albert P. Zabin moved that Article 10 be amended by doubling the fee for each item listed in the motion. 9:35 P.M. In response to a question raised by James P. Reilly, the Town Clerk stated: Income for 1980: $3,920. If New Rate Charged: $7,855. �.. Additional Revenue: $3,935. 9:42 P.M. James M. McLaughlin moved the previous question which was adopted by voice vote. 9:43 P.M. Mr. Zabin's motion to amend defeated by voice vote. 9:43 P.M. Main motion, as presented by Mrs. Battin, adopted by voice vote. 9:43 P.M. (Annual Town Meeting - March 16, 1981. ) 1 S Article 11. Presented by Nyles Nathan Barnert. (Approved MOTION: That Article XIV of the General By-Laws of the Town of by Atty. Lexington be amended by striking the second paragraph of Section 2 Gen. , and substituting therefor the following: Sept. 14, 1981. "The Committee shall prior to each annual meeting for the trans- Published action of business prepare, publish and distribute by making copies Lex. Min. available at the Office of the Town Clerk and at Cary Memorial Man, Oct. Library, and by mailing to each town meeting member, a report of its 1 & 8, findings, setting forth a list of all such capital expenditures 1981.) together with the committee's recommendations as to the projects that should be undertaken within the five year period and the approximate date on which each recommended project should be [17_ started. This publication may be combined with and distributed at the same time as the Appropriation Committee Report." 9:43 P.M. Adopted by voice vote. 9:45 P.M. Article 12. Presented by Charles E. Connolly. (As MOTION: That the appropriate rules and regulations of the Town adopted) be amended to provide that the number of animals presently legally permitted on the remaining farms in Lexington be allowed to remain the same as allowed at the close of the year 1980. 9:47 P.M. At the request of Mr. Connolly, John D. Brucchi of 63 Paul Revere Road was recognized, spoke at length in favor of the motion and against the Board of Health. 9:57 P.M. Members of the Board of Health, Dr. William L. Cosgrove, Chairman and James W. Lambie and Board of Health Director, George A. Smith, Jr. all spoke in defense of their actions and opposed to the motion. fl 10:22 P.M. Elaine Dratch moved to amend the motion by adding at the end "provided that the regulations of the Board of Health be complied with". 10:22 P.M. Mr. Lambie said that a permit could be revoked or suspended at any time. 10:26 P.M. Responding to a question by Patricia K. Hagedorn, George A. Smith, Jr. stated that rules and regulations vary from town to town. 10:30 P.M. Mrs. Dratch's motion to amend was defeated by voice vote. 10:34 P.M. Arthur C. Smith asked Norman P. Cohen, Town Counsel if there are any "appropriate rules and regulations". Mr. Cohen said that there are no by-laws as such - it would be the Board of Health Rules and Regulations. 10:40 P.M. Ralph A. Cataldo moved the previous question which was adopted by voice vote. 10:45 P.M. Main motion, as presented by Mr. Connolly, adopted by voice vote. 10:46 P.M. Mary W. Miley moved that the meeting be adjourned to Wednesday, March 18, 1981 at 8 P.M. in Cary Memorial Hall. Motion adopted at 10:47 P.M. A true copy. Attest: 4„.A.J. 'it c7,)4, , Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING HELD MARCH 18, 1981 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. in Cary Memorial Hall at 8:07 P.M. There were 181 Town Meeting Members present. The invocation was offered by Reverend Harvey Meppelink of the Assemblies of God Christian Center. 8:08 P.M. The Moderator stated that the meeting was open on Article 13. Article 13. Presented by Iris G. Wheaton. (As MOTION: That the Zoning By-Law of the Town be amended as set adopted) forth in the article. 8:10 P.M. (Approved (Article 13 as set forth in the article in the warrant: by Atty. General, EDITING CHANGES Sept. 21, 1981. To see if the Town will vote to amend the Zoning By-Law by: Posted in Town Off. a. Striking from Section 2, DEFINITIONS, the definition of Building ACCESSORY USE OR BUILDING, & nine precincts "Use or building customarily incident to and located on the on Oct. same lot with the use or building to which it is accessory 6, 1981. ) and not detrimental to the neighborhood. " and inserting in place thereof a new definition ACCESSORY BUILDING OR USE: A building or use which is subordinate and customarily incidental to the principal r building or use and is located on the same lot; except that activities necessary in connection with scientific research or scientific development or related production may be on another lot if a special permit is granted. b. Striking from Section 3.1, BUILDING COMMISSIONER the first paragraph, which reads: "The Building Commissioner appointed under the provisions of the Building By-Laws of the Town of Lexington is hereby designated and authorized as the officer charged with the enforcement of this By-Law. and inserting in place thereof "The Building Commissioner appointed under the provisions of Chapter 802 and Chapter 40A of Massachusetts General Laws and the Selectmen/Town Manager Act is hereby designated and auth- orized as the officer charged with the interpretation and enforcement of this By-Law." and by striking from Section 3.1.2, BUILDING PERMITS, the first sentence, the words ". .. . , as provided in the Building By-Laws. " so that the sentence, as amended, will read: "Applications for building permits shall be filed with the Building Commissioner on forms furnished by him." ._. and by striking from Section 3.1.2, BUILDING PERMITS, the third sentence, the words " Building By-Law," so that the sentence, as amended, will read: "Before a foundation is constructed, a certified plot plan shall be submitted to the Building Commissioner with such information as he may deem necessary for the enforcement of the Zoning By-Law and other applicable laws, by-laws, rules and regulations of the Town." (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) 1[14 Article 13. c. Striking from Section 9.6 - National Flood Insurance District, (Cont.) the sentence in Section 9.6.4 (a) - CONSTRUCTION ABOVE FLOOD LEVEL, which reads "Nonresidential structures must be floodproofed and water- tight to the base flood level." and inserting in place thereof a new sentence "Nonresidential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level." (words added are underscored) so that Section 9.6.4 (a) , as amended, will read "a. CONSTRUCTION ABOVE FLOOD LEVEL Within those areas designated as Zones A-1 through A-30, 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. Non residential 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. " and d. Striking from Table 1 - USE REGULATIONS SCHEDULE, in line 8.6 the words and with accessory signs as permitted under the Sign By-Law " so that line 8.6, as amended, will read: "Retail uses in support of a hotel or motor hotel, such as dining halls, restaurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly within or connected to the hotel or motor hotel building." or act in any other manner in relation thereto.) Mrs. Wheaton gives an explanation and stated that the Planning Board unanimously supports this article and recommends its adoption by Town Meeting. 8:12 P.M. Mrs. Wheaton filed the Report of the Planning Board on Article 13. 8:12 P.M. Voice vote on Mrs. Wheaton's main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Barry E. Sampson 2 2 19 Carolyn C. Wilson 0 3 14 Suanne C. Dillman 1 4 14 Margaret F. Rawls 0 5 16 Marjorie M. Daggett 1 -- 6 14 Setha G. Olson 0 7 16 Graydon M. Wheaton 0 8 6 A. Patricia McCabe 6 9 15 Deborah B. Green 1 At Large 15 Barry H. Marshall 1 Totals 144 12 More than the required two-thirds having voted in favor, the main motion, as offered by Mrs. Wheaton, was adopted. 8:16 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981. ) Richard A. Michelson served notice of reconsideration of Article 13. 8:16 P.M. Article 14. Presented by Iris G. Wheaton. (As MOTION: That the Zoning By-Law of the Town be amended as set forth { adopted) in the article. 8:17 P.M. (Approved (Article 14 as set forth in the article in the warrant: by Atty. General, FILING REQUIREMENTS Sept. 21, SPECIAL PERMITS 1981. Posted To see if the Town will vote to amend the Zoning By-Law by in Town Office Striking from Section 3.4.1 FILING REQUIREMENTS the first sentence Building which reads and nine precincts "A person applying for a special permit under Subsection 3.4 shall on Oct. file with the SPGA six copies each of an application and prelim- 6, 1981.) inary site plan. " and inserting in place thereof the following: "A person applying for a special permit under Section 3.4 shall file an application and a preliminary site plan, one copy of each, with the Town Clerk and six copies of each with the SPGA." or act in any other manner in relation thereto.) Mrs. Wheaton gave an explanation of the motion and stated that the Planning Board unanimously supports this article and recommends its adoption at Town Meeting. 8:17 P.M. Mrs. Wheaton filed the Report of the Planning Board on Article 14. 8:17 P.M. Main motion as offered by Mrs. Wheaton declared adopted unanimously. 8:18 P.M. Article 15. Presented by Iris G. Wheaton. (As MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the motion attached to the report of the Planning Board on this article. 8:18 P.M. (Approved by Atty. (Article 15 as attached to the Report of the Planning Board: General, Sept. 21, MOTION: That the Zoning By-Law be amended by striking SECTION 3.1.1 1981. PENALTY in its entirety and inserting in place thereof a new SECTION-- Posted 3.1.1, as follows: in Town Office "SECTION 3.1.1 PENALTY Building Anyone who violates a provision of this By-Law shall be punishable & nine by a fine of not more than one hundred dollars ($100) for each precincts offense, except that the penalty for the removal of earth mater- on Oct. ials in violation of this By-Law shall be provided for in the 6, 1981.) General By-Laws of the Town of Lexington. Each day during which any portion of a violation continues under the provisions of Section 3.1 shall constitute a separate offense.") Mrs. Wheaton stated that the Planning Board unanimously supported this article and filed the Report of the Planning Board on Article 15. 8:21 P.M. Main motion as offered by Mrs. Wheaton declared adopted unanimously. 8:21 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981. ) 21 Article 16. Presented by Laura F. Nichols. (Not MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the motion attached to the report of the Planning Board on this article. 8:22 P.M. (See Pg. (Article 16 as set forth in the motion attached to the Report of 38. the Planning Board: Adopted MOTION: That the Zoning By-Law be amended by: --i motion on Pg. a. Striking Section 5.7 - SWIMMING POOLS AND RACQUET COURTS, in its 40.) entirety and inserting in place thereof a new Section 5.7 as follows: "5.7 SWIMMING POOLS AND RACQUET COURTS The Building Commissioner may issue a building permit for the construction of a swimming pool or racquet court that is accessory to a residential use subject to the conditions in section 5.7.1. 5.7.1 PROTECTIVE CONDITIONS. a. Upon application for a building permit for a swimming pool or racquet court, the Building Commissioner shall notify, by first class mail, the abuttors and other in- terested parties, as determined by the Building Commissioner, of the application for such a building permit. The building permit may be issued 14 days or more after the notification has been sent. b. The inside edge of the swimming pool shall be at least 20 feet from the lot line. No racquet court shall be con- structed within 15 feet of the lot line. c. Any nighttime illumination shall be installed in such a way as not to shine directly on any neighboring structure or lot. d. A wall or fence not less than 5 feet in height shall completely surround every swimming pool. Each such fence shall be so constructed as not to have openings, holes or spaces larger than four (4) inches. e. There shall be adequate screening. f. Applications for a building permit or 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 appli- cable or that an Order of Conditions is not necessary." and, b. Striking from Table 1 - Use Regulation Schedule, line 8.1 the words: ".. .swimming pools, provided that any such pool which meets the definition of a structure shall be subject to provisions of Table 2 of the By-law. . . .. ") Mrs. Nichols filed the Majority Report of the Planning Board on Article 16 and stated that a majority of the Planning Board supports this article and recommends its adoption by Town Meeting. 8:25 P.M. Richard A. Michelson spoke of his concern regarding the issuing of the building permit by the Building Commissioner in "14 days or more". He felt that the period could extend up to a year or more as no cut- off date was specified but Mrs. Nichols felt that there would be no problem. 8:26 P.M. 22 (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) Article 16. Frank I. Michelman questioned the meaning of notifying the abuttors (Cont.) and Mrs. Nichols answered that the Building Commissioner would listen to the neighbors in the event that they had any complaints. 8:30 P.M. James E. Barry asked if this was applicable to both above ground and in ground pools and Mrs. Nichols answered that it was. 8:33 P.M. Anthony L. Mancini moved that the following be added after the words has been sent, "but in any event, action must be taken within 30 days. " 8:35 P.M. . Mr. Mancini expressed his concern that the permit could be sitting there up to a year. 8:35 P.M. Mr. Mancini's motion to amend was declared adopted by voice vote. 8:37 P.M. Jacquelyn H. Ward asked what legal right did the Building Commissioner have to deny a permit and Mrs. Nichols answered that only if it goes against the Building Code. 8:40 P.M. At the request of Iris G. Wheaton, Building Commissioner, Peter DiMatteo was recognized and gave his explanation of the motion. 8:46 P.M. Questions were raised regarding security and locks. James E. Barry moved that Article 16 be modified as follows: Paragraph "e" The foregoing regulations shall apply only to in ground pools. Above the ground pools shall continue to come under existing regulations. 8:55 P.M. Margaret F. Rawls said that if Mr. Barry would withdraw his motion to amend that she would make a new amendment that would encompass his concern. 9:07 P.M. li] James E. Barry withdrew his motion, and, as there were no objections from the floor, the Moderator declared the motion withdrawn. 9:08 P.M. Margaret F. Rawls moved to amend the motion under Article 16 under 5.7.1 Subsection B add the following words after the words lot line (1st words) . "for an inground pool, and 15 feet from the lot line for an above ground pool. 9:12 P.M. Mrs. Rawls motion to amend was declared adopted by voice vote. 9:12 P.M. John J. McWeeney moved the previous question which was declared adopted by voice vote. 9:18 P.M. Voice vote on main motion, as amended, was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 0 Barry E. Sampson 18 2 5 Carolyn C. Wilson 14Li] 3 4 Suanne C. Dillman 13 4 14 Margaret F. Rawls 0 5 8 Marjorie M. Daggett 12 6 6 Setha G. Olson 7 7 4 Graydon M. Wheaton 12 8 6 A. Patricia McCabe 6 9 9 Deborah B. Green 8 At Large 7 William J. Dailey, Jr. 12 Totals 63 102 Motion is not adopted. 9:20 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) 2 : Arthur C. Smith serves notice of reconsideration of Article 16. 9:20 P.M. (See Page 40. ) Article 17. Presented by Frank Sandy. (As MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the motion attached to the report of the Planning Board on this article. 9:21 P.M. (Approved (Article 17 as set forth in the motion attached to the report of by Atty. the Planning Board: General, Sept. 21, MOTION: That the Zoning By-Law be amended in Section 6.3 by 1981. striking the last sentence, and inserting in place thereof the Posted in following as a new paragraph: Town Office Building & "Extensions or enlargements which comply with current dimensional nine pre- controls may be made to any other lawful existing non-conforming cints on building by special permit granted by the Board of Appeals under October 6, the provisions of Section 3.3 of this By-Law, provided that the 1981. ) Board of Appeals finds that such extension or enlargement is not more detrimental to the neighborhood than the existing non- conforming building. ") Mr. Sandy filed the Report of the Planning Board on Article 17. 9:21 P.M. Mr. Sandy, in the course of his explanation, stated that the Board of Appeals and the Planning Board both supported this article. 9:34 P.M. Main motion, as offered by Mr. Sandy, declared adopted unanimously. 9:34 P.M. Article 18. Presented by Frank Sandy. (Not MOTION: That the Zoning By-Law of the Town be amended as set adopted) forth in the motion attached to the report of the Planning Board on this article. 9:35 P.M. (Article 18 as set forth in the motion attached to the report of (See the Planning Board: Page 71 for MOTION: That the Zoning By-Law be amended by adding a new section motion 7.4.9 as follows: as adopted) "7.4.9 EXEMPTIONS FOR CERTAIN NON-COMPLYING BUILDINGS If a building, or a part of a building, does not comply with the dimensional controls of this By-Law or those that were in effect when it was constructed, it shall be considered to comply with this By-Law if the following conditions are met: 1) The non-compliance has existed for at least six con- secutive years during which time no enforcement action under the provisions of sections 3.1 and 3.2 of this By-Law has been taken, and 2) The non-compliance was not created or increased by changes in lot lines after the construction of the building, and 3) There is evidence that the building was constructed in accordance with a building permit issued by the Town. If a building, or a part of a building, does not comply with the dimensional controls of this By-Law or those that were in effect when it was constructed, and conditions 1) and 2) above are met but there is no evidence a building permit was issued or the 4 (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) Article 18. construction is not in accordance with a building permit duly (Cont.) issued, the Board of Appeals may grant a special permit for the continued use of the building under the provisions of section 3.3 of this By-Law provided the Board of Appeals finds that the building is not a substantial detriment to the neighborhood.") Mr. Sandy filed the report of the Planning Board on Article 18 and stated that both the Planning Board and the Board of Appeals supported this article. 9:40 P.M. Francis W. K. Smith moved to amend the motion under Article 18 by striking out the following words at the end of the first sentence "in accordance with a building permit issued by the Town" and substituting, therefore, the following: "after the issuance of a building permit by the Town" so that the last part of said sentence will read: 3) There is evidence that the building was constructed after the issuance of a building permit by the Town. 9:41 P.M. Frank Sandy stated that a majority of the Planning Board opposed this amendment. 9:46 P.M. Motion to amend, as offered by Mr. Smith, was declared adopted by voice vote. 9:48 P.M. Ephraim Weiss moved that the article be amended as follows: In paragraph 1) of section 7.4.9, the word "six" be deleted, and replaced by the word "ten". 9:49 P.M. Mr. Sandy stated that the Zoning Act specified six years. 9:51 P.M. Mr. Weiss's motion to amend was declared lost by voice vote. 9:53 P.M. Iris G. Wheaton stated that a majority of the Planning Board were opposed to the article as amended. 9:58 P.M. 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 0 Barry E. Sampson 16 2 6 Carolyn C. Wilson 12 3 7 Suanne C. Dillman 10 4 12 Margaret F. Rawls 3 5 7 Marjorie M. Daggett 13 6 4 Setha G. Olson 12 7 11 Graydon M. Wheaton 6 8 11 A. Patricia McCabe 3 9 12 Deborah B. Green 7 At Large 8 William J. Dailey, Jr. 10 Totals 78 92 Motion is not adopted. 10:04 P.M. 1 Martin L. Hagerty served notice of reconsideration of Article 17. 10:04 P.M. Patricia K. Hagedorn served notice of reconsideration of Article 18. 10:05 P.M. (See Page 71.) (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) 6a 5 Article 19. Presented by Frank Sandy. (Not MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the article. 10:05 P.M. (Article 19 as set forth forth in the article in the warrant: OPEN SPACE, RD DISTRICT To see if the Town will vote to amend the Zoning By-Law by: r.. striking from Section 8.1.8 OPEN SPACE REQUIREMENTS the second sentence, which reads: �._ "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 within such tract, or to a non-profit organization the principal purpose of which is the conservation of open space. " and inserting in place thereof the following: "Such open land shall not include any land within 40 feet of a building, other than a building accessory to the open space use. It 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 within such tract, or to a non-profit organization the principal purpose of which is the conservation of open space." or act in any other manner in relation, thereto.") _^ Frank Sandy filed the Majority and Minority Reports of the Planning Board on Article 19. 10:05 P.M. When the voice vote was taken on the main motion as presented by Mr. Sandy, it was obvious to the Moderator and to the town meeting members that, although it was not unanimous, the majority of the members voted against the motion. The Moderator asked the maker of the motion, Mr. Sandy, if he would accept the decision without a standing vote and Mr. Sandy answered in the affirmative. The Moderator declared that the motion under Article 19 was defeated. 10:28 P.M. Article 20. Presented by Frank Sandy. (As MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the article. 10:30 P.M. (Approved (Article 20 as set forth in the article in the warrant: by Atty. General, ACCESSORY USES, GARAGES Sept. 21, 1981. To see if the Town will vote to amend the Zoning By-Law in Table 1, Posted in USE REGULATIONS SCHEDULE, line 8.8, "Garage space larger than per- Town mitted under Line 8.1 above," by striking from the columns headed Office "RO/RS", "RH", "RT", "RD" and "RM", the designation "No," and in- t Building serting in place thereof the following: & nine precincts Under the columns headed "RO/RS" and "RT" respectively the on Oct. designation "SP", and 6, 1981. ) Under the columns headed "RH", "RD", and "RM" respectively the designation "SPS" or act in any other manner in relation thereto.) 26 (Adjourned Session of the 1981 Annual Town Meeting - March 18, 1981.) Article 20. Mr. Sandy filed the report of the Planning Board on Article 20 (Cont.) and stated that the Planning Board unanimously supports this article and recommends its adoption by Town Meeting. 10:31 P.M. Main motion, as offered by Mr. Sandy, declared adopted unanimously. 10:31 P.M. Mary W. Miley moved that this meeting be adjourned to Monday, March 23, 1981 at 8 P.M. in Cary Memorial Hall. This motion was adopted unanimously. 10:32 P.M. A true copy. Attest: AleiAAr / / 1 c4014.wt �, l ' 4 FJ Mary R. McDonough, Town Clerk 1 k 271 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING HELD MARCH 23, 1981 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:08 P.M. There were 188 Town Meeting Members present. Invocation was offered by Reverend Brian Dixon, Pastor of the First Baptist Church. 8:10 P.M. The Moderator called a formal recess at 8:10 P.M. Frank I. Michelman, Chairman of the School Committee, was introduced and and he asked that the Lexington High School Girls Swimming Team and the Lexington High School Indoor Girls Track Team, both Middlesex League Champions this year, be recognized. Both teams entered at the front of the hall and the coaches of both teams praised their individual members. Mr. Michelman offered a resolution congratulating both teams and this resolution was adopted unanimously. 8:16 P.M. The Moderator again called the meeting to order at 8:22 P.M. Article 21. Presented by Karsten Sorensen. (As MOTION: That the Zoning By-Law of the Town be amended as set adopted) forth in the article. 8:23 P.M. (Approved by Atty. (Article 21 as set forth in the article in the warrant: General, Sept. 21, SETBACK REQUIREMENTS 1981. Posted To see if the Town will vote to amend the Zoning By-Law in Table 2, in Town Schedule of Dimensional Controls, Minimum Side and Rear Yard Ad- Office jacent to Residential District, by striking from the columns headed Building "CM" and "CO" the designation "75 ft." and "50 ft" respectively, & nine and inserting in place thereof the following: precincts on Oct. Under the columns headed "CM" and "CO" respectively the 6, 1981. ) designation "100 ft" or act in any other manner in relation, thereto.) Mr. Sorensen filed the Report of the Planning Board on Article 21 and stated that the Planning Board unanimously supported this article. 8:24 P.M. Main motion, as presented by Mr. Sorensen, declared adopted unanimously. 8:25 P.M. Article 22. Presented by Iris G. Wheaton. (As MOTION: That the zoning By-Law of the Town be amended as set adopted) forth in the article. 8:25 P.M. (Approved by Atty. (Article 22 as set forth in the article in the warrant: General, Sept. 21, PURPOSE OF ZONING 1981. Posted To see if the Town will vote to amend the Zoning By-Law by in Town Office Striking Section 1.1 PURPOSE which reads Building & nine "For the purposes set forth in Section 2A of Chapter 808 of the precincts Acts of 1975, and all acts in amendment thereof and in addition on Oct. thereto, and under the authority thereof and any other enabling 6, 1981.) laws, the inspection, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings 2 (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981. ) Article 22. (Article 22 as set forth in the article in the warrant (Cont.) (Cont. ) and structures, the size of lots, yards, courts and other open spaces and the use of land in the Town of Lexington are hereby regulated as herein provided. " and inserting in place thereof the following "For the purposes set forth in Section 2A of Chapter 808 of the Acts of 1975, and all acts in amendment thereof and in addition thereto, and under the authority thereof, the uses of land, including wet- lands and lands deemed subject to seasonal or periodic flooding; the size, height, bulk, location and use of structures, including buildings and signs; noxious uses; areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, "°— courts, yards and open spaces; the density of population and in- tensity of use; accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and the develop- ment of the natural, scenic and aesthetic qualities of the Town of Lexington are hereby regulated as herein provided." or act in any other manner in relation thereto. ) Mrs. Wheaton filed the Report of the Planning Board which unanimously supports this article. 8:26 P.M. Mrs. Wheaton requested that Peter DiMatteo be recognized and he gave a short explanation. 8:26 P.M. Motion, as presented by Mrs. Wheaton, declared adopted unanimously. 8:26 P.M. Article 23. Presented by Iris G. Wheaton. (As MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the article. 8:26 P.M. (Approved (Article 23 as set forth in the article in the warrant: by Atty. General, OCCUPANCY PERMIT Sept. 21, 1981. To see if the Town will vote to amend the Zoning By-Law by striking Posted Section 3.1.4 OCCUPANCY PERMIT in its entirety with no substitution. in Town Section 3.1.4 now reads: Office Building "3.1.4 OCCUPANCY PERMIT & nine A permit to erect, relocate or alter any building or structure precincts shall be deemed a permit to occupy or use such building or structure on Oct. for the use and purposes set forth in such permit when the building 6, 1981. ) or structure is completed to the satisfaction of the Building Commissioner in accordance with the provisions of such permit and with the plans and specifications filed with the Building Commissioner, and when adequate means of sewage disposal have been provided; provided, however, that the right to occupy or use shall be subject to revocation, modification or denial in accordance with the provisions of this By-Law and other applicable laws." or act in any manner in relation thereto. ) Mrs. Wheaton filed the Report of the Planning Board on Article 23 which unanimously supports this article. 8:27 P.M. •—.1 At the request of Mrs. Wheaton, Peter DiMatteo, Building Commissioner, was recognized and gave a short explanation. 8:27 P.M. Motion, as presented by Mrs. Wheaton, declared adopted unanimously. 8:27 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) 29 Article 24. Presented by Iris G. Wheaton. (Not MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the motion attached to the report of the Planning Board on this article. 8:28 P.M. (Motion under Article 24 as attached to the report of the Planning Board on this article: (See MOTION: That the Zoning By-Law be amended by striking Section 3.1.5, Page 41. CERTIFICATE OF COMPLIANCE, in its entirety and inserting in place r--� thereof a new Section 3.1.5 as follows: Also See "3.1.5 CERTIFICATE OF ZONING COMPLIANCE Page 73 The Building Commissioner may issue a certificate of zoning for compliance with the Zoning By-Law stating, that, in his opinion, motion an existing or proposed use of land, buildings or structures as complies, or would comply, with the Zoning By-Law. Each certifi- adopted) cate issued shall state that the opinion given is an administra- tive determination of the Building Commissioner and does not necessarily represent a final legal determination by the Town. The Building Commissioner may request a review and recommendation by the Planning Board which shall be made within 14 days of receipt of the request. Each certificate shall refer to specific plans or a proposed use, to specific sections of this By-Law, and shall include the Planning Board's recommendation, if any. A record of all certificates shall be maintained on file with the Building Department; one copy of each certificate shall be furnished to the Planning Board and the Board of Appeals. A reasonable fee, as set forth from time to time by the Board of Selectmen, may be charged for each certificate of zoning com- pliance". ) Mrs. Wheaton filed the report of the Planning Board on Article 24 which stated that a majority of the Planning Board supported this (-" article. 8:28 P.M. At the request of Mrs. Wheaton, Peter DiMatteo, Building Commissioner, was recognized and gave a short explanation. 8:30 P.M. Many questions were raised regarding the legality and the right of appeal. Norman P. Cohen, Town Counsel, stated that the certificate would be provided as a service and would have no legal status. Therefore, there would be nothing to appeal. 8:38 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 9 Barry E. Sampson 10 2 10 Carolyn C. Wilson 10 3 14 Suanne C. Dillman 5 4 12 Margaret F. Rawls 5 5 5 Marjorie M. Daggett 14 6 14 Setha G. Olson 3 7 15 Graydon M. Wheaton 2 8 6 A. Patricia McCabe 10 T-- 9 10 Deborah B. Green 3 At Large 14 William J. Dailey, Jr. 5 Totals 109 67 Less than the required two-thirds having voted in favor, the motion as presented by Mrs. Wheaton is not adopted. 8:42 P.M. Article 25. (See page 32.) U (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) Iris B. Wheaton moved that Article 26 be taken up at this time. This motion was adopted by voice vote. 8:42 P.M. Article 26. Presented by Iris G. Wheaton. (As MOTION: That the Zoning By-Law of the Town be amended as set forth adopted) in the motion attached to the report of the Planning Board on this article. 8:42 P.M. (Approved by Atty. General, (Article 26 as set forth in the motion attached to the report of Sept. 21, the Planning Board: 1981. Posted MOTION: That the Zoning By-Law be amended by designating on the in Town Zoning Map a parcel of land commonly known as Cambridge Reservoir, Office as being in the Wetland Protection District, which is superimposed Building over the existing RO, One-Family Dwelling District, and is bounded & nine and described as follows: precincts on Oct. Beginning at a point on the Westerly sideline of Route 128 (State 6, 1981.) Highway) and the northerly sideline of Lincoln Street, thence by said sideline WESTERLY to the southwesterly sideline of Mill Street, so called, thence by said sideline of Mill Street; NORTHERLY to the northwesterly corner of land now or formerly of Rein & Louise O'Connor of 439 Lincoln Street, thence; SOUTHERLY by said land of Reine & Louise O'Connor distant 200+ feet to a point, thence; WESTERLY by land now or formerly of Albert Piantedosi, 443 Lincoln Street, distant 420+ feet to a point, thence; SOUTHERLY by said land of Albert Piantedosi, distant 400+ feet to the aforesaid sideline of Lincoln Street, thence; WESTERLY by said sideline to the Town Line of Lexington and Lincoln, thence; NORTHWESTERLY by said Town Line to the most southerly corner of land now or formerly of the Town of Lexington, as shown on Assessors Map 44, Lot 3A, thence; NORTHEASTERLY by said land of the Town of Lexington, 328+ feet to a point thence; SOUTHEASTERLY by said land of the Town of Lexington 350+ feet to a point, thence; NORTHEASTERLY by said land of the Town of Lexington 560+ feet to a point on the southerly property line of land now or formerly of the Boston Edison Company as shown on Assessors Map 44, Lot 1, thence.; SOUTHEASTERLY by said land of the Boston Edison Company, 196.7+ feet to a point, thence; EASTERLY by said land of the Boston Edison Company, 167.4+ .r feet to a point on the southwesterly corner of land now or formerly of Honeywell, Inc. , thence; SOUTHWESTERLY by said land of Honeywell, Inc. , 347 .1+ feet to a point, thence; SOUTHERLY by said land of Honeywell, Inc. , 186+ feet to a point, thence; (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) 31 Article 26. (Article 26 as set forth in the motion attached to the report of (Cont. ) the Planning Board on this article (Cont.) SOUTHEASTERLY by said land of Honeywell, Inc., 346.7+ feet to a point on the most southwesterly corner of land now or formerly of Wellford Associates, as shown on Assessors Map 43, Lot 9C, thence; EASTERLY by said land of Wellford Associates, 352.4+ feet to a point thence; NORTHERLY by said land of Wellford Associates, 168.3+ feet to a point, thence; EASTERLY by said land of Wellford Associates, 186+ feet to a point on the westerly sideline of Route 128 (State Highway) , thence; SOUTHERLY by said sideline of Route 128, 60+ feet to a point, thence; EASTERLY by said land of Route 128, 120+ feet to a point on the northwesterly corner of land now or formerly of Rosina Busa, as shown on Assessors Map 43, Lot 7, thence; SOUTHERLY by said land of Rosina Busa, 308+ feet to a point on the northwesterly corner of land now or formerly of Concetta Venuti, as shown on Assessors Map 35, Lot 6, thence; SOUTHERLY by said land of Concetta Venuti to the middle of unnamed brook, thence; SOUTHERLY by said land of Concetta Venuti, 132+ feet to a point, thence; SOUTHEASTERLY by said land of Concetta Venuti, 455+ feet to a point of the westerly sideline of Route 128 (State Highway) , thence; SOUTHERLY by said sideline of Route 128, 547+ feet to the point of beginning; containing 66. acres of land, more or less; all such distances being approximate. Said land is shown on a plan entitled "Composite Plan of Cambridge Water Land As Shown on Town of Lexington Assessors Maps 35, 43 and 44" dated January 1981; ) Mrs. Wheaton stated that this article was inserted in the warrant at the request of the City of Cambridge. She added that a representative from the City of Cambridge Water Department was present and requested that he be recognized. 8:46 P.M. Mrs. Wheaton filed the report of the Planning Board on Article 26. This report showed that the Planning Board unanimously support this article. 8:46 P.M. r-- John Beeckman, the representative from the City of Cambridge Water Department, was recognized and gave a short explanation. 8:46 P.M. David G. Williams, Chairman of the Conservation Commission, voiced the unanimous support of the Conservation Commission. 8:47 P.M. Motion, as presented by Mrs. Wheaton, declared adopted unanimously. 8:50 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) Article 25. Presented by Margery M. Battin. (As MOTION: That the Town adopt the Fair Housing Resolution contained adopted) in the handout dated February 23, 1981 with the substitution voted tonight by the Selectmen for paragraph 7 in the handout dated March 23, 1981. 8:52 P.M. (Fair Housing Resolution contained in the handout dated February 23, 1981 with the substitution voted tonight by the Selectmen for paragraph 7 in the handout dated March 23, 1981: FAIR HOUSING RESOLUTION r , WHEREAS, The Town Meeting of Lexington has always been committed to equality of opportunity and wishes again to declare its commitment to this fundamental principle of justice. The Town Meeting of Lexington believes that diversity of population is desirable for all residents because diversity helps us all to learn tolerance, appreciate other perspectives, and broaden the outlook of our children, better preparing them to live in a diverse and pluralistic country. The Town Meeting is concerned that more members of racial and ethnic minorities do not live in Lexington and wishes to encourage more members of racial and ethnic minority groups to remain in and move to Lexington. The Town Meeting also wishes to enable more people of moderate means to remain in and move to town. The Town Meeting finds the greatest obstacle to members of minority groups and persons of moderate means is the high cost of housing and lack of employment opportunities. In order to encourage a greater diversity of population the Town Meeting requests each Town Board and Official; To weigh, in deciding any action or arriving at any decision, whether such action or decision will have any impact in encouraging or discouraging such diversity; To take actions and make decisions that affirmatively encourage a greater racial, ethnic, and economic diversity of population in Town; To adopt, implement, and publicize effective approaches to the selection of tenants or purchasers of all housing administered by or made available by the town or any of its boards, agencies or authorities so as to achieve a greater measure of minority represent- ation in such programs; To encourage the expansion of employment opportunities; To study and recommend to the Town Meeting land use practices which will encourage the development of reasonably priced housing; To redouble their efforts to implement the housing policy adopted by Town Meeting of 1979. The Lexington Housing Authority is requested to actively and aggressively encourage minorities to apply for housing. The Lexington Housing Authority is requested to include in its program to enlarge the number of minority persons in its applicant pool conspicuous and effective advertising in newspapers which have significant circula- tion in the minority communities and on the radio stations which reach the minority communities. The Lexington Housing Authority is requested to continue to choose tenants from its pool of applicants solely on the basis of need; (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981. 6e Article 25. (Fair Housing Resolution contained in the handout dated February 23, (Cont. ) 1981 with the substitution voted tonight by the Selectmen for para- graph 7 in the handout dated March 23, 1981 (Cont.) The Board of Selectmen is encouraged to coordinate the efforts of other Town Boards, agencies and officials in carrying out this resolution and shall report to the Annual Town Meeting on progress in achieving fair housing objectives. Margery M. Battin James F. Crain) Mrs. Battin gave a short explanation. 8:55 P.M. Iris G. Wheaton served notice of reconsideration of Article 24. 8:56 P.M. (See Pages 72 and 73.) Article 25. After general discussion, pro and con, Albert P. Zabin asked that (Cont. ) the vote on Article 25 be taken by a call of the roll. 9:15 P.M. The Moderator asked that those in favor of a roll call vote should stand,with the following result: Precinct Tellers In Favor 1 Barry E. Sampson 9 2 Carolyn C. Wilson 5 3 Suanne C. Dillman 10 4 Margaret F. Rawls 2 5 Marjorie M. Daggett 6 6 Setha G. Olson 3 d 7 Graydon M. Wheaton 5 8 A. Patricia McCabe 0 9 Deborah B. Green 9 At Large William J. Dailey, Jr. 3 Total 52 More than the required fifty members having voted in favor of a roll call vote for the main motion under Article 25, the Moderator stated that a call of the roll was in order. 9:16 P.M. The roll call vote on the main motion, as offered by Mrs. Battin, was taken by the Town Clerk, Mary R. McDonough, starting at 9:17 P.M. and completed at 9:28 P.M. The final tally was completed at 9:32 P.M. with the following results: (Final result announced by the Moderator at 9:33 P.M.) PRECINCT ONE YES NO ABSTAINED ABSENT Nancy M. Adler x John T. Avery x James E. Barry x flNancy L. Barter x Sheila Busa-Tassone x James Cataldo x Ralph A. Cataldo x Robert A. Cataldo x Sheila Clemon-Karp x Mark Doran x David F. Eagle x Patricia K. Hagedorn x Cornelia C. Johnson x Ronald Levy x (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) Article 25. ROLL CALL VOTE ON MAIN MOTION OFFERED BY MRS. BATTIN UNDER ARTICLE 25 (Cont. ) PRECINCT ONE (CONT.) YES NO ABSTAINED ABSENT William E. Maloney, Jr. x Barry E. Sampson x Marie T. Walton x Robert E. Walton x Pamela Winston x Albert P. Zabin x Judith L. Zabin x TOTALS 9 12 0 0 r..J PRECINCT TWO William E. Bicknell x Julian J. Bussgang x Elizabeth H. Clarke x Eric T. Clarke x Karen A. Dooks x George E. Foote, Jr. x Lillian T. MacArthur x Barry H. Marshall x Frank I. Michelman x Michael J. O'Sullivan x Elizabeth H. Pressman x Arthur C. Smith x Elaine M. Sullivan x Patricia A. Swanson x Judith J. Totman x Christina J. Welch x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson TOTALS 13 8 0 0 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x Erna S. Greene x Lilah H. Groisser x Gloria V. Holland x Jeanne K. Krieger x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x William A. Ridgley x II I Paul V. Riff in x Marie E. Roberts x Robert I. Rotberg x Richard W. Souza x TOTALS 14 5 0 2 (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981. ) 35 Article 25. ROLL CALL VOTE ON MAIN MOTION OFFERED BY MRS. BATTIN UNDER ARTICLE 25 (Cont. ) PRECINCT FOUR YES NO ABSTAINED ABSENT Gerald L. Abegg x Nyles Nathan Barnert x William J. Dailey, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Joyce Hals x Peter C. J. Kelley x Daniel L. McCabe x Richard F. Perry x Margaret F. Rawls x Joseph O. 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 Germania B. Whiting x TOTALS 12 8 0 1 PRECINCT FIVE Florence A. Baturin x Steven A. Clark x Howard Cravis x Wallace Cupp x Marjorie M. Daggett x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x Edward R. DuBois x William M. Fraser x Joseph F. Gilbert, Jr. x Paul E. Hamburger x John Orin Hayward x Leona W. Martin x George F. McCormack x Stephen W. Miller x Madeline A. Shaughnessy x James L. Silva x Lloyd D. Taylor x Ephraim Weiss x David G. Williams x TOTALS 11 8 0 2 PRECINCT SIX Earl F. Baldwin, Jr. x Susan S. Beck x Margaret N. Brooke x Levi G. Burnell x J. Keith Butters x John F. Downey, Jr. x Neil Gray Harry A. Hall, III x Hugh C. Kent x Judith B. Marshall x James L. McDevitt x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x William R. Page x Edith Sandy x :16 (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) Article 25. ROLL CALL VOTE ON MAIN MOTION OFFERED BY MRS. BATTIN UNDER ARTICLE 25 (Cont. ) PRECINCT SIX (CONT. ) YES NO ABSTAINED ABSENT Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x John S. Willson x TOTALS 13 5 1 2 PRECINCT SEVEN Elizabeth M. Barabush x Robert E. Bond x George A. Burnell x John R. Campbell x Renee T. Cochin x Manfred P. Friedman x Winifred L. L. Friedman x Lloyd Gilson x Martin L. Hagerty x Marthur H. Kalil x Myron L. Miller x Alice M. Pierce x David Reiner x William J. Scouler x John E. Taylor x Roger G. Trudeau x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Martha C. Wood x ` TOTALS 14 6 0 1 .... PRECINCT EIGHT Richard H. Battin x G. Richard Beamon x Charles E. Connolly x William P. Fitzgerald x Suzanne S. Frank x Ione D. Garing x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x Jack Sarmanian x Anne R. Scigliano x Frank L. Shunney x Mary E. Shunney x Francis W. K. Smith x Jacquelyn R. Smith x Shirley H. Stolz x Stanley E. Toye x Eleanor H. Yasaitis TOTALS 9 11 0 1 PRECINCT NINE Kenneth O. Alves x Gordon E. Barnes, Jr. x Jane P. Buckley x Joan N. L. Collins x Louise G. R. Colwell x (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) R 7 Article 25. ROLL CALL VOTE ON MAIN MOTION OFFERED BY MRS. BATTIN UNDER ARTICLE 25 (Cont. ) PRECINCT NINE (CONT.) YES NO ABSTAINED ABSENT Ronald W. Colwell x Louis E. Conrad x James E. Cosgrove x Anna P. Currin x James J. Findley x Deborah B. Green x Stephen K. Johnson x Iris E. Larssen x LPaul E. Mazerall x Richard M. Perry x Daniel E. Power x Susan J. Ricci x Fred D. Rosenberg x James J. Scanlon x Donald J. Shaw x Roy Weinstein x TOTALS 14 4 0 3 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Alfred S. Busa x Norman P. Cohen x Lincoln P. Cole, Jr. x James F. Crain x Stephen W. Doran x Mary R. McDonough x Mary W. Miley x Stephen Michael Politi x Louis A. Zehner x TOTALS 6 1 2 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTAL 1 9 12 0 0 21 2 13 8 0 0 21 3 14 5 0 2 21 4 12 '8 0 1 21 5 11 8 0 2 21 6 13 5 1 2 21 7 14 6 0 1 21 8 9 11 0 1 21 9 14 4 0 3 21 At Large 6 1 2 110 TOTALS 115 68 3 13 199 The Moderator declared the motion, as presented by Mrs. Battin, adopted. 9:33 P.M. (See Page 32 for motion as adopted under Article 25.) Arthur C. Smith moves reconsideration of Article 16. 9:33 P.M. (See Pages 21 - 23) Motion to reconsider Article 16 was declared adopted by voice vote. 9:36 P.M. 3 (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981. ) Article 16. Eric T. Clarke presented the following substitution motion: (See pgs. MOTION: That the Zoning By-Law be amended by: 21-23. ) Striking from Table 1 - Use Regulation Schedule, Section 8, (Adopted Accessory Uses, in item 8.1 the words: motion on pg. ". . .swimming pools, provided that any such pool which meets the 40.) definition of a structure shall be subject to provisions of Table 2 of the By-Law. . . . " And inserting in Table 1 - Use Regulation Schedule, a new item: "8.15 Swimming pools subject to Section 5.7 hereof" followed by SP in each column. 9:37 P.M. Iris G. Wheaton stated that the Planning Board unanimously supported this substitute motion. 9:39 P.M. After general discussion, with many feeling that there had not been time to study this substitute motion, Eric T. Clarke moved that Article 16 be postponed to Wednesday, March 25, 1981. This motion was declared adopted by voice vote. 9:52 P.M. (See Page 40) Article 27. Iris G. Wheaton moved that this article be indefinitely postponed. 9:52 P.M. Mrs. Wheaton filed the Planning Board Report on Article 27. 9:53 P.M. Elaine Dratch spoke against indefinite postponement. She felt that it should come before the meeting and be voted down as it has had the neighborhood concerned for a few years. 9:54 P.M. Motion to indefinitely postpone Article 27 was declared adopted by voice vote. 9:58 P.M. Article 2. Iris G. Wheaton, Chairman of the Planning Board, presented the Planning Board Report entitled "Relationship Between Additional Traffic and the Rezoning of Land in the Bedford Street - Hartwell Avenue Area". 10 P.M. At Mrs. Wheaton's request, Robert A. Bowyer, Planning Director, was recognized and he elaborated on the report. 10:15 P.M. Mrs. Wheaton filed the report with the Town Clerk. 10:20 P.M. Report accepted. 10:20 P.M. Article 28. Anthony L. Mancini moved to table Article 28 and this motion was declared adopted by voice vote. 10:21 P.M. (See Page 74 - meeting dissolved without action.) Article 29. James M. McLaughlin moved to table Article 29 and this motion was declared adopted by voice vote. 10:22 P.M. (See Pages 41, 42 and 64 through 70.) ---� Article 30. Iris G. Wheaton moved that this article be indefinitely postponed and filed the report of the Planning Board on Article 30. Adopted Unanimously. 10:22 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 23, 1981.) �- 9 Article 31. Iris G. Wheaton moved that this article be indefinitely postponed and filed the report of the Planning Board on this article. Adopted Unanimously. 10:23 P.M. Article 32. Iris G. Wheaton moved that this article be indefinitely postponed. 10:23 P.M. Mrs. Wheaton filed an unsigned draft of the report of the Planning Board on Article 32. 10:23 P.M. (On March 24, 1981 at 11:25 A.M. , Steven Asen, an employee in the Planning Board Office, filed with the Town Clerk an unsigned copy of the original Planning Board Report on Article 32. The original report cannot be found at this time by the Planning Board. If and when it is found at a future date, it will be filed with the Town Clerk. ) (On April 1, 1981 at 3:15 P.M. Steven Asen filed the signed report of the Planning Board covering Article 32.) Motion to indefinitely postpone Article 32 was declared adopted unanimously. 10:23 P.M. Article 33. Iris G. Wheaton moved that this article be indefinitely postponed and she filed the report of the Planning Board on Article 33. Motion to indefinitely postpone Article 33 declared adopted unanimously. 10:25 P.M. Article 34. Iris G. Wheaton moved that this article be indefinitely postponed. 10:25 P.M. Mrs. Wheaton filed two reports of the Planning Board on Article 34. 10:25 P.M. Motion to indefinitely postpone Article 34 was declared adopted unanimously. 10:25 P.M. Article 35. Mary W. Miley moved that this article be indefinitely postponed. Adopted Unanimously. 10:25 P.M. Article 36. Alfred S. Busa moved to table Article 36. 10:26 P.M. Motion to table Article 36 was declared adopted unanimously. 10:26 P.M. (See Page 46.) Article 37. Presented by Alfred S. Busa. 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, 1981, 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. Adopted Unanimously. 10:27 P.M. Alfred S. Busa moved that this meeting be adjourned to Wednesday, March 25, 1981 at 8 P.M. in Cary Memorial Hall. This motion was unanimously adopted. 10:27 P.M. A true copy. Attest: 76 7.9 (Art. 38- See Pg. 48.) Mary R. McDonough, Town Cle k 4[U ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING HELD MARCH 25, 1981 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. Invocation was offered by Reverend Bernard Hoy, Associate Pastor of Sacred Heart Church. 8:07 P.M. At the March 23, 1981 session of this Annual Town Meeting, Eric T. Clarke moved that Article 16 be postponed to Wednesday, March 25, 1981. Therefore, the Moderator declared that Article 16 was now before the meeting. ,J (See Page 38) Article 16. (Substitute motion as presented by Eric T. Clarke under Article 16 at the March 23, 1981 session of this town meeting (pg. 38) as (See Pgs. follows: 21-23 & 38. ) MOTION: That the Zoning By-Law be amended by: Striking from Table 1 - Use Regulation Schedule, Section 8, Accessory Uses, in item 8.1 the words: . .swimming pools, provided that any such pool which meets the definition of a structure shall be subject to provisions of Table 2 of the By-Law. . . . " And inserting in Table 1 - Use Regulation Schedule, a new item: "8.15 Swimming pools subject to Section 5.7 hereof" followed by SP in each column. ) Eric T. Clarke moved to amend his substitute motion by striking the last three lines. Adopted Unanimously. 8:11 P.M. Mr. Clarke's motion to substitute his motion was declared adopted unanimously. 8:13 P.M. Substitute motion, as amended, is now the main motion and reads as follows: (As adopted) MOTION: That the Zoning By-Law be amended by: (Appr. by Atty. Gen. , Striking from Table 1 - Use Regulation Schedule, Section 8, Sept. 21, 1981. Accessory Uses, in item 8.1 the words: Posted in Town Office Bldg. & ". . .swimming pools, provided that any such pool which meets the nine precincts definition of a structure shall be subject to provisions of Table 2 October 6, 1981) of the By-Law. . . . " Main motion, which was the substitute motion, declared adopted unanimously. 8:14 P.M. Article 2. Iris G. Wheaton moved that the Planning Board Report on the Housing Policy Resolution adopted by the 1979 Annual Town Meeting be accepted and placed on file. Adopted Unanimously. 8:15 P.M. Iris G. Wheaton moved that the Report of the Lexington Planning Board to the 1981 Town Meeting on Current Land Use and Developments in Lexington be accepted and placed on file. (Two page, unsigned report filed) Adopted Unanimously. 8:15 P.M. (Adjourned Session of the 1981 Annual Town Meeting - March 25, 1981.) 41 Iris G. Wheaton moved that Article 24 be reconsidered and stated that if it was reconsidered, that she would submit a substitute motion. 8:17 P.M. Alfred S. Busa moved that the motion to reconsider Article 24 be tabled and this motion was adopted by voice vote. 8:19 P.M. (See Pages 29 and 73.) James M. McLaughlin moved that Article 29 be taken off the table. This motion was adopted by voice vote. 8:20 P.M. (See Page 38) Article 29. Presented by James M. McLaughlin. (Not MOTION: That the Town amend the Zoning By-Law by changing the adopted) district designation from RO, One Family Dwelling and CM, Manu- facturing and Research Park to CD, Controlled Commercial and Industrial, of land at the intersection of Hartwell Avenue and (See Wood Street, commonly known as the Cosgrove property, bounded and Pages described as set forth in Article 29 of the Warrant to the 1981 38 and Annual Town Meeting, comprising 22.6 acres, more or less. 64 through Said land being the same parcels shown as (a) Lot 24, Lot 31 and 70. ) land labelled "Owner Unknown" and "Old Wood Street" on Land Court Plan No. 6686W, filed with Certificate of Title No. 8835, South Registry District of Middlesex County, and (b) Lot 12 on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lexington, Mass." by F. P. Cutter, Surveyor, recorded with Middlesex South District Registry of Deeds on June 9, 1897, in Plan Book 104, Page 24. The preliminary site development and use plan for such zoning district shall be the plan dated March 19, 1981 filed with the Town Clerk. r 8:23 P.M. At Mr. McLaughlin's request, Richard Dobroth and Sam Altruder of Spaulding and Slye, proponents of the article, were recognized. Mr. Dobroth, assisted by Mr. Altruder at the view-graph, gave a lengthy explanation of the article. The Moderator recognized him for a second ten minutes. 8:45 P.M. James V. Cosgrove, 307 Wood Street, owner of the property in question was recognized and spoke in favor of adoption. 8:52 P.M. Abstaining from voting on Article 29: Alice M. Pierce, Julian J. Bussgang and Christina J. Welch. Albert P. Zabin stated that he was first opposed to this article due to the traffic problem but now feels that this is not sufficient reason to reject the proposal. He spoke in favor of the motion as did Richard A. Michelson, with Margaret _F. Rawls voicing her opposition. 9:04 P.M. Iris G. Wheaton stated that the Planning Board is very concerned about the traffic and unanimously recommend that this article be defeated. 9:10 P.M. Mrs. Wheaton filed the report of the Planning Board on Article 29. 9:10 P.M. In speaking in favor of the motion, Julian J. Bussgang stated that as he is a proponent of the article, he would abstain from voting. 9:18 P.M. In response to a question raised by William A. Ridgley, Mr. Dobroth stated that the buildings would be sprinkled. 9:19 P.M. 412 (Adjourned Session of the 1981 Annual Town Meeting - March 25, 1981.) Article 29. Frederick C. Frick urged the Town Meeting to follow the advice of (Cont. ) Robert A. Bowyer, Planning Director and the Planning Board and: vote this proposal down as did William J. Scouler who also praised the Planning Board on their extensive study and report. Traffic is the big problem in this area according to most of the opposition. 9:36 P.M. George P. Wadsworth stated that traffic is always a problem and urged support of the motion. 9:36 P.M Elizabeth M. Barabush, a Town Meeting Member and a resident of Eldred Street, spoke of the hazards of getting out of Eldred Street and on to Bedford Street. 9:39 P.M. Mary W. Miley, Chairman of the Board of Selectmen, stated that a majority of the Board of Selectmen is opposed to the rezoning in the '� Hartwell Avenue area. 9:40 P.M. Fred D. Rosenberg, a Town Meeting Member and a resident of Wood Street, spoke in opposition. 9:45 P.M. Mary E. Shunney and Eric T. Clarke both supported the motion. 9:47 P.M. James Cataldo moved the previous question which was declared adopted by voice vote. 9:47 P.M. As this motion needed a two-thirds vote for adoption and the Moderator stated that the voice vote would not be unanimous, he asked for a standing vote on Mr. McLaughlin's motion, with the following results: Precinct In Favor Tellers Opposed 1 18 Barry E. Sampson 1 2 14 Carolyn C. Wilson 3 3 12 Suanne C. Dillman 8 4 11 Margaret F. Rawls 4 5 14 Marjorie M. Daggett 5 6 8 Margaret N. Brooke 4 7 4 Graydon M. Wheaton 13 8 9 A. Patricia McCabe 6 9 7 Deborah B. Green 8 At Large 10 William J. Dailey, Jr. 8 Totals 107 60 Less than the required two-thirds having voted in favor, the motion as presented by Mr. McLaughlin was not adopted. 9:50 P.M. James M. McLaughlin served notice of reconsideration of Article 29. 9:50 P.M. (See Pages 64-70.) Article 2. Mary W. Miley, Chairman of the Board of Selectmen, informed the meeting that it is the intent of the Board to table all financial articles as the intent is to recess Town Meeting until such time that better financial information is available. The financial articles are 38 to 73. 9:53 P.M. moved Mary W. Miley/that Article 46 be taken up at this time out of order and this �. motion was adopted by voice vote. 9:53 P.M. Article 46. Alfred S. Busa moved that this article be indefinitely postponed. 9:53 P.M. Motion to indefinitely postpone Article 46 adopted by voice vote. 9:55 P.M. t- (Adjourned Session of the 1981 Annual Town Meeting - March 25, 1981.) 41:3 Mary W. Miley moved that Article 52 be taken up at this time out of order. Adopted Unanimously. 9:55 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 Apollo Circle from Kendall Road a distance of 483 feet, more or less, 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 2, 1981, 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. Adopted Unanimously. 9:57 P.M. Alfred S. Busa moved that Article 53 be taken up out of order at this time. Adopted Unanimously. 9:57 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 Kendall Road from the existing Town Layout, which is 50 feet northeasterly of Grapevine Avenue, a distance of 190 feet, more or less, to the existing Town Layout beyond Apollo Circle as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1981, and to authorize the Select- men to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Adopted Unanimously. 10:04 P.M. Shirley H. Stolz moved that Article 66 be taken up out of order at this time. Adopted Unanimously. 10:05 P.M. Article 66. Presented by Shirley H. Stolz. 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 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 Lots 8 and 21 on Assessors' Property Map 24, Lot 232 on Assessors' Property Map 40, Lots 100, 107 and 108 on Assessors' Property Map 55, Lot 31 "D" on Assessors' Property Map 75, and Lot 49 on Assessors' Property Map 79. 10:06 P.M. Mrs. Stolz explained that the lots, totalling thirty-eight acres, are: two lots on Grassland Street; rear of Lexington Housing Authority's Vyne Brook Village; three separate small lots along Vine Brook; off North Street adjacent to Burlington; section between railroad tracks and Bedford Street on the Bedford side of Route 128. 10:11 P.M. Motion, as presented by Mrs. Stolz, adopted unanimously. 10:11 P.M. 4 4 (Adjourned Session of the 1981 Annual Town Meeting - March 25, 1981.) David G. Williams moved that Article 67 be taken up out of order at this time. Adopted Unanimously. 10:12 P.M. Article 67. Presented by David G. Williams. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town from Alfred Tropeano and Wilbur Nylander for conservation purposes an easement or conservation restriction on land off Hartwell Place shown as Lot 11 on plan entitled "Plan of Land in Lexington, Mass. " dated March 16, 1981 by Joseph W. Moore Co. containing approximately 6.847 acres. Adopted Unanimously. 10:15 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, April 8, 1981 in Cary Memorial Hall to begin upon the conclusion of the Special Town Meeting called for that evening at 8 P.M. This motion was declared adopted by voice vote. 10:15 P.M. A true copy. Attest: -;7124q4,04414 , Mary R. McDonough, Town Clerk (WARRANT - SEE WARRANT FILE) r�1 4 5 SPECIAL TOWN MEETING - APRIL 8, 1981 The meeting was called to order at 8:05 P.M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There were 172 Town Meeting Members present. The invocation was offered by Reverend John Prusaitis, Associate Pastor of St. Brigid's Church. 8:07 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until ,.� further reading was waived. 8:08 P.M. The Town Clerk read the Constable's Return of the warrant. 8:08 P.M. Article 1. Presented by Alfred S. Busa. (As MOTION: That the sum of $196,000 be appropriated for reconstructing adopted) and making extraordinary repairs to Cary Memorial Library, and that such amount be transferred from Overlay Surplus. 8:08 P.M. Mr. Busa gave an explanation of the need of the reconstrhttion and showed slides demonstrating the damage that had been done. He stated that, as this is in litigation, he could not say too much as it could damage the town's case. 8:17 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee unanimously favored this motion. 8:17 P.M. Mr. Busa showed a sample of the window wall that would be used. It should help to keep out the cold in winter and the sun and heat in the summer. 8:19 P.M. Richard A. Michelson voiced concern about correcting the damage be- fore the court case is heard. He felt that the town would stand a W better chance if the building could be seen as is, before recon- struction. 8:20 P.M. Mr. Busa said that the building would deteriorate if it was not repaired now. 8:22 P.M. Sam V. Nablo asked about the state of the building now. Is it waterproofed and is the building reasonably protected? Mr. Busa answered that the repairs that have been made are strictly temporary. 8:25 P.M. George P. Wadsworth, Chairman of the Appropriation Committee, stated that his committee had voted in favor of this motion just this evening. He added that there was little else that they could do and agreed that it was the best use of the money. 8:30 P.M. Ephraim Weiss asked how the new specifications insured that the new wall would be waterproofed. Mr. Busa answered that all precautions would be taken to insure that it would stand up under normal conditions. 8:31 P.M. In answer to a question raised by James M. McLaughlin, Mr. Busa said that under the specifications, there would be a ten year guarantee on the glass and a ten year bond on the reconstruction. 8:34 P.M. Motion, as presented by Mr. Busa, declared adopted by voice vote. 8:34 P.M. Alfred A. Busa moved that this meeting be dissolved so that we can meet forthwith on the adjourned session of the 1981 Annual Town Meeting. This motion was adopted unanimously by voice vote. 8:35 P.M. A true copy. Attest: -*IT R:171) c46141"47v Mary R. McDonough, Town Clerk 46 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING HELD APRIL 8, 1981 The meeting was called to order at 8:35 P.M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There were 172 Town Meeting Members present. Alfred S. Busa moved that Article 7 be taken from the table. (See Page 14) Mr. Busa's motion to take Article 7 from the table was adopted unanimously. 8:35 P.M. Article 7. (See Page 14.) J Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:36 P.M. Alfred S. Busa moved that Article 36 be taken from the table. (See Page 39) Mr. Busa' s motion to take Article 36 from the table was adopted unanimously. 8:36 P.M. Article 36. (See Page 39) Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:36 P.M. Mary W. Miley informed the meeting that as of now she was retiring as Chairman of the Board of Selectmen. She thanked everyone for their cooperation and help and was given a standing ovation by the meeting. 8:37 P.M. Mrs. Miley moved that this meeting be adjourned to Monday, June 1, 1981 at 8 P.M. in Cary Memorial Hall. 8:37 P.M. Julian J. Bussgang asked whether the Board of Selectmen could call the meeting earlier if figures were received from the state. The Moderator answered that it would not be possible but he doubted that figures would be ready before that date. 8:38 P.M. Mrs. Miley's motion to adjourn to Monday, June 1, 1981 at 8 P.M. in Cary Memorial Hall was adopted unanimously. 8:38 P.M. A true copy. Attest: fl 448,1/1.64-44 t XL, Mary R. McDonough, Town Clerk 417 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING JUNE 1, 1981 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and was immediately recessed at the call of the Chair. Called to order by the Moderator at 8:15 P.M. There were 176 Town Meeting Members present. Invocation was offered by Reverend Polly Laughland Guild, Pastor of the Follen Church. 8:16 P.M. Article 2. William J. Dailey, Jr. moved that the report of the Cary Lectures [-- Committee be accepted and placed on file. Adopted unanimously. 8:15 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that report of the Capital Expenditures Committee be accepted and placed on file. Adopted unanimously. 8:16 P.M. Albert P. Zabin, Chairman of the Town Meeting Members Association, reported that there would be a reception on June 5, 1981 for Otis S. Brown, Jr. , a former member of the School Committee, Board of Selectmen and Town Meeting Member for many years. 8:17 P.M. George P. Wadsworth, Chairman of the Appropriation Committee, moved that the Supplemental Report of the Appropriation Committee be * accepted and placed on file. 8:18 P.M. Mr. Wadsworth spoke on the report and the town finances, mostly in regard to the amount of free cash to reduce the tax rate. He stated that he intended to move to have Article 73 taken up before Article 39 so that the decision could be made in advance of the budget votes. He feels that the amount should be less than the $1,200,000.00 that the Board of Selectmen intend to request. 8:25 P.M. Alfred S. Busa, Chairman of the Board of Selectmen, Town Manager Robert M. Hutchinson, Jr. and Frank I. Michelman, Chairman of the School Committee discussed the budget figures and all were opposed to having Article 73 considered before Article 39. 8:47 P.M. * Mr. Wadsworth's motion that the Supplemental Report of the Appropria- tion Committee be accepted and placed on file was declared adopted unanimously. 8:47 P.M. George P. Wadsworth moved that Article 73 be taken up at this time, out of order. 8:47 P.M. _=n Alfred S. Busa stated that the Board of Selectmen were opposed to Mr. Wadsworth's motion and, if it did prevail, that they would have to ask for a recess to go over the budget figures in order to cut them by $600,000.00. 8:50 P.M. Frank I. Michelman voiced the unanimous opposition of the School Committee in regards to Mr. Wadsworth's motion. 8:57 P.M. Appropriation Committee Member, William J. Dailey, Jr. , who favored the motion, showed slides to back up his opinion. 9:07 P.M. 4;S (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) James F. Crain, Selectman, stated that he had been very much opposed to "2 1/2" and that the conditions around the state at this time reconfirm his original opposition. He added that he was against taking up Article 73 before Article 39. 9:10 P.M. After general discussion, mostly in opposition, Mr. Wadsworth's motion that Article 73 be taken up at this time out of order was declared lost by voice vote. 9:17 P.M. r 7 Article 38. Alfred S. Busa moved that this article be indefinitely postponed. Adopted unanimously. 9:17 P.M. Article 39. Presented by Alfred S. Busa. 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. 9:17 P.M. (The following read by the Moderator, Lincoln P. Cole, Jr. :) Selectmen's Department #1000 Personal Services $ 29,485 1050 Expenses 6,725 9:18 P.M. Town Manager's Office 1060 Personal Services 102,857 1065 Expenses 6,000 9:18 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 39,000 1075 Clerical Pool 8,701 1080 Office Furniture & Fixtures 1,200 1090 General Professional Services 19,000 1125 Fire & Police Medical 10,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 9:20 P.M. Charles E. Connolly moved to amend item #1135 by striking the amount of $5,000 and substituting therefor the figure $2,500. 9:21 P.M. After general discussion, Mr. Connolly's motion to amend item #1135 was declared lost by voice vote. 9:32 P.M. Charles E. Connolly moved to amend item #1141 by striking the figure of $11,500 and substituting therefor the figure $2,500. This motion was declared lost by voice vote. 9:32 P.M. Charles E. Connolly moved to amend item #1142 by striking the figure $10,000 and substituting therefor the figure $2,500. This motion was declared lost by voice vote. 9:33 P.M. Town Manager's Jurisdiction (Cont.) 1142 In-State Travel 10,000 9:33 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) 4 9 Article 39. Selectmen's Jurisdiction (Cont. ) #1148 Safety Program Expenses $ 1,000 9:33 P.M. Town Clerk's Department 1150 Personal Services 60,428 1200 Expenses 1,400 9:34 P.M. .-, Board of Appeals 1500 Personal Services 13,301 1550 Expenses 2,575 9:34 P.M. Planning Board 1600 Personal Services 40,742 1650 Expenses 5,000 9:34 P.M. Insurance 1700 Group 800,000 1750 Municipal Property & Workmen's Comp. 331,203 9:35 P.M. Printing Town Report 1760 Expenses 5,000 9:35 P.M. Law Department 1775 Law Fees 60,000 1800 Law Expenses 15,000 9:38 P.M. Elections 1900 Selectmen Jurisdiction 7,875 1950 Town Clerk Jurisdiction 6,780 9:38 P.M. Board of Registrars 2000 Personal Services 7,924 2050 Expenses 15,000 9:39 P.M. Town Committees 2250 Appropriation Committee Expenses 950 2370 Misc. Committees & Board Expenses 2,450 2375 Council on Aging - Personal Services 15,100 To which the sum of $15,100 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied 2380 Council on Aging Expenses 26,700 To which the sum of $26,700 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied 2400 Town Celebrations Committee Expenses 7,500 9:40 P.M. Historic Districts Commission 2450 Expenses 1,800 9:40 P.M. ® (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) Article 39. Conservation Commission (Cont. ) #2460 Expenses $ 6,035 9:48 P.M. Recreation Committee 2470 * Personal Services (See below for amended figure) 136,473 9:48. P.M. John Orin Hayward moved to amend line item #2470 by deleting the sum of $136,473 and substituting therefor the amount of r $144,473. He further moved that this increased amount be specifically used to help the Old Res open for the citizenry's recreational needs from 3:00 P.M. to 7:00 P.M. , Monday through Sunday, from June 13 through and including Sept. 7, 1981, Labor Day. 9:49 P.M. Town Manager Robert M. Hutchinson, Jr. stated that the Board of Selectmen did not recommend this amendment. There were various speakers both pro and con. 10:04 P.M. Mr. Hayward's motion to amend line item #2470 was declared adopted by voice vote. 10:04 P.M. (This item now reads as follows: Recreation Committee 2470 * Personal Services 144,473. (This increased amount be specifically used to keep the Old Res open for the citizenry's recreational needs from 3:00 P.M. to 7:00 P.M. , Monday through Sunday, from June 13 through and including Sept. 7, 1981, Labor Day. ) 2480 Expenses 20,705 10:05 P.M. Treasurer/Collector's Department 2500 Personal Services 89,414 2525 Expenses 19,300 2575 Foreclosure & Redemption 3,120 10:05 P.M. Comptroller's Department 2800 Personal Services 110,044 2850 Expenses 3,650 10:05 P.M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 9,800 2930 Office Machines-Maint. & Repair 7,480 2935 Office Services- Copier & Supplies 9,570 2940 Metered Mail 26,300 10:05 P.M. Assessor's Department 2950 Personal Services 62,460 3000 Expenses 8,750 10:05 P.M. Health Department 3250 Personal Services 47,485 3300 Expenses 7,300 (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) 5 Article 39. Health Department (Cont. ) (Cont.) #3310 Mystic Valley Mental Health $ 10,000 To which the sum of $10,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied 10:06 P.M. At the request of Marjorie M. Daggett, Dr. Lund of Mystic Valley Mental Health was recognized, spoke on the Safe House. 10:10 P.M. The Board of Selectmen, according to Chairman Alfred S. Busa, voted this evening to increase the Mystic Valley Mental Health from "0" to $10,000. 10:13 P.M. Ephraim Weiss moved that line item #3310 be increased from $10,000 to $15,000. 10:20 P.M. Selectman Stephen Michael Politi voiced his support of the $10,000 request and against the $15,000 amendment. 10:27 P.M. Mr. Weiss's motion to amend line item #3310 was declared lost by voice vote. 10:34 P.M. 3320 Public Health Nursing 6,800 3330 Community Services 30,488 To which the sum of $30,488 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 3450 Rabies Clinic 2,660 10:35 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 19,373 3550 Expenses 6,000 10:35 P.M. Police Department 3760 Police Dept. Management and Staff-Pers. Serv. 350,732 (Of which $16,000 is to be transferred from the Parking Meter Fund) 3770 Police Dept. Collective bargaining unit-Per.Ser. 994,061 To which the sum of $122,712 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied 3800 Expenses 188,430 To which the sum of $30,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 3900 Parking meter maintenance 1,500 (of which $900 is to be transferred from the Parking Meter Fund) 10:31 P.M. Fire Department 4110 Fire Department Management and Staff-Pers. Serv. 100,004 4120 Fire Dept. Collective Bargaining Unit-Personal 1,176,864 Services --- 4150 Expenses 106,865 10:36 P.M. Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 10:37 P.M. 52 , (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) Article 39. Inspection Department (Cont.) #4450 Personal Services $ 86,825 4500 Expenses 2,940 10:37 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Pers. Ser. 1,153,347 (Of which $30,000 is to be transferred from the Westview Perpetual Care Fund) and $19,000 from Westview Sale of Lots Fund 10:38 P.M. Sheila Clemon-Karp served notice of reconsideration of amendment to line item #3310 as offered by Ephraim Weiss. 10:40 P.M. Director of Public Works Office (Cont. ) 4950 Public Works Mgt. and Staff Pers. Serv. 339,479 5000 Expenses 11,100 10:40 P.M. Engineering Department 5100 Personal Services 195,077 5150 Expenses 6,000 10:40 P.M. Town Buildings Maintenance 5200 Personal Services 68,653 5250 Expenses 215,800 10:40 P.M. Highway Maintenance 5400 Expenses 89,550 10:40 P.M. Road Machinery 5450 Expenses 222,525 10:40 P.M. Snow Removal 5500 Expenses 121,825 10:40 P.M. Traffic Regulations & Street Signs 5550 Expenses 32,925 10:41 P.M. Street Lights 5600 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96-604 (General Revenue Sharing --- Funds) is to be applied. 10:41 P.M. Sewer Maintenance & Services 5700 Expenses 96,570 10:41 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) 53 Article 39. Refuse Collection (Cont.) #5800 Contract $ 530,000 10:41 P.M. Sanitary Land Fill 5850 Expenses 3,000 10:41 P.M. Water Maintenance & Services 5900 Expenses 67,370 _._ 10:41 P.M. Ephraim Weiss moved that in conjunction with line item 5900 (Water Maintenance and Services) , the town meeting requests the Board of Selectmen to consider the following sense of the town meeting in establishing policy: 1. In keeping with the expression of the voters for tax relief, as indicated by the vote on Proposition 2 1/2, costs associated with the use of water should be borne insofar as practicable through user charges, thereby reducing the general tax burden on the town. 2. In order to encourage conservation of limited fresh water supplies, water user fees should be set at a use rate which increases with greater use, thereby providing an economic incentive for the reduction of water consumption, particularly by large users. The foregoing measures would serve the public interest and reduce the burden on the taxpayer for the cost of waste not under his control. However, these measures should not be regarded as a mechanism for raising additional revenues or for increasing the effective tax rate for the town. 10:42 P.M. After discussion, a voice vote was taken on Mr. Weiss's motion. This vote was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Barry E. Sampson 8 2 4 Carolyn C. Wilson 13 3 7 Suanne C. Dillman 6 4 8 Margaret F. Rawls 6 5 6 Marjorie M. Daggett 10 6 11 Setha G. Olson 4 7 7 Graydon M. Wheaton 10 8 1 A. Patricia McCabe 13 9 11 Deborah B. Green 3 At Large 8 William J. Dailey, Jr. 13 Totals 68 86 Mr. Weiss's motion to amend line item #5900 declared lost. 10:55 P.M. Park 6000 Expenses 69,620 10:58 P.M. Insect Suppression 6050 Expenses 1,200 10:58 P.M. 4 (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) Article 39. Shade Tree (Cont.) #6100 Expenses $ 33,600 10:58 P.M. Dutch Elm Disease 6150 Expenses 3,450 10:58 P.M. Cemeteries 6400 Expenses 15,000 10:58 P.M. Veterans' Benefits 7100 Personal Services 5,460 7150 Administration 150 7200 Aid & Expenses 30,000 10:59 P.M. Grave Registrations 7250 Expenses 400 10:59 P.M. Soldiers' Burials 7300 Expenses 250 10:59 P.M. Cary Memorial Library 7500 Personal Services 445,801 7550 Expenses 159,890 Of which $5,176.44 is to be transferred from the County Dog License Fees. 10:59 P.M. L-] Board of Retirement 7800 Contributory Pension Fund 925,463 7810 Pension Funding 200,000 7825 Non-Contributory Pension Fund 190,000 7850 Expenses 5,600 10:59 P.M. Public Schools 7920 Public School-Education 17,177,233 Of which $11,950.00 is for out of state travel. To which the sum of $283,162 in available and anticipated P.L. 874 and other Federal and State Funds, and $22,000 in available and anticipated athletic receipts is to be applied and the balance of $16,872,071 is to be raised in the tax levy. 11 P.M. Frank I. Michelman, Chairman of the School Committee, gave a short explanation of the school budget and there were not any questions from the meeting in response to his request. 11:01 P.M. �-- 8100 Regional Voc. Tech. High School Assessment 364,022 11:01 P.M. 8500 Interest on Debt 134,798 11:01 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 1, 1981.) 55 Article 39. (:Cont.) #8525 Tax and Bond Anticipation Loans $ 450,000 11:01 P.M. 8550 Maturing Debt 1,100,000 11:02 P.M. Ephraim Weiss moved to postpone further consideration under Article 39 until Wednesday, June 3, 1981 (which was opposed by Selectman Chairman, Alfred S. Busa) but this motion was declared lost by voice vote. 11:05 P.M. The main motion as offered by Mr. Busa under Article 39 was ** declared adopted unanimously by voice vote. 11:06 P.M. William T. Spencer served notice of reconsideration of line items #3760, #3770, #3800 and #3900 under Article 39. 11:06 P.M. Richard M. Perry served notice of reconsideration of line items #5400 and #5500 under Article 39. 11:07 P.M. Jacquelyn H. Ward served notice of reconsideration of line item #2470 under Article 39 but the Moderator ruled that the time had expired on this item. 11:07 P.M. Alfred S. Busa moved that the meeting be adjourned to Wednesday, June 3, 1981 at 8 P.M. in Cary Memorial Hall. 11:09 P.M. Arthur C. Smith served notice of reconsideration of Article 39. 11:10 P.M. Motion to adjourn to Wednesday, June 3, 1981 at 8 P.M. in Cary Memorial Hall, as offered by Mr. Busa, was declared adopted by voice vote. 11:10 P.M. A true copy. Attest: r d � '0 Mary R. McDonough, Town Clerk ** Lincoln P. Cole, Jr. , Richard M. Perry and Mary R. McDonough made it known that they would abstain from voting on Article 39. 56 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING JUNE 3, 1981 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Mod- erator, Lincoln P. Cole, Jr. and immediately recessed subject to the call of the Chair. The meeting was again called to order by the Moderator at 8:08 P.M. There were 172 Town Meeting Members present. The invocation was offered by Reverend Gay M. Godfrey, Associate Minister at the Hancock United Church of Christ. 8:09 P.M. f Article 40. (Lincoln P. Cole, Jr. , Richard M. Perry and Mary R. McDonough made it known that they would abstain from voting on this article.) Presented by James F. Crain. MOTION: That $275,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 39 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 2375 COUNCIL ON AGING - P.S. 2470 RECREATION 2500 TREASURER/COLLECTOR 2800 COMPTROLLER 2950 ASSESSOR 3250 HEALTH 3500 ANIMAL CONTROL 3760 POLICE MGT & STAFF 3770 PATROLMEN AND SERGEANTS - P.S. 4110 FIRE MGT & STAFF 4120 FIRE COLL. BARGAINING UNIT - P.S. 4450 INSPECTION 4900 D.P.W. COLLECTIVE BARGAINING GROUP - P.S. 4950 D.P.W. MGT. & STAFF 5100 ENGINEERING 5200 TOWN BUILDING MAINTENANCE 7100 VETERANS' SERVICES 7500 LIBRARY 7825 NON-CONTRIBUTORY PENSIONS Adopted unanimously. 8:15 P.M. Article 41. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:15 P.M. Article 42. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:16 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981.) 57 Article 43. Presented by Alfred S. Busa. MOTION: That the sum of $150,000.00 be appropriated for the > Reserve Fund and to raise such amount $150,000.00 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 8:16 P.M. Article 44. Presented by Alfred S. Busa. .-� MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:17 P.M. Article 45. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. 8:18 P.M. Frank I. Michelman asked if the proponents of this article were aware that it would be indefinitely postponed. Mr. Busa answered that they had not heard anything from the proponents. 8:19 P.M. William J. Scouler moved that Article 45 be tabled. This motion was declared adopted by voice vote. 8:19 P.M. (See Page 64.) Article 46. (See Page 42 - March 25, 1981 Session.) Article 47. 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 $275,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:20 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported Article 47. 8:20 P.M. Motion, as presented by Mr. Busa, declared adopted unanimously. 8:20 P.M. Article 48. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. 8:21 P.M. Nyles Nathan Barnert moved to substitute and moved that: rte-- (As The sum of $50,000 be appropriated for engineering services for a adopted) comprehensive drainage study of the Town, and that such amount be raised in the tax levy. 8:22 P.M. Iris G. Wheaton and Francis W. K. Smith voiced the approval of the substitution motion for their respective committees (Planning Board and Conservation Committee) . 8:28 P.M. Alfred S. Busa moved to table Article 48 but this motion was declared lost by voice vote. 8:29 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981. ) Article 48. Alfred S. Busa stated that a majority of the Board of Selectmen (Cont. ) supported the substitute motion. 8:29 P.M. Mr. Barnert's motion to substitute was declared adopted by voice vote. 8:29 P.M. Mr. Barnert's substitute motion, which is now the main motion, was declared adopted by voice vote. (See Page 57 for motion as adopted. ) 8:30 P.M. Article 49. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:30 P.M. Article 50. Presented by James P. Reilly. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:30 P.M. Article 51. Presented by James P. Reilly. MOTION: That the Selectmen be instructed to give the acceptance of Outlook Drive high priority when formulating their budget for Fiscal Year 1983. 8:30 P.M. At the request of Mr. Reilly, Leslie Joel Brown, a resident at 65 Outlook Drive, was recognized and he showed slides of Outlook Drive to back up his support of this motion. 8:33 P.M. Alfred S. Busa stated that Outlook Drive would go through a thorough investigation for next years budget. 8:35 P.M. Motion, as offered by Mr. Reilly was declared adopted by voice vote. 8:35 P.M. Article 52. (See Page 43 - March 25, 1981 Session.) Article 53. (See Page 43 - March 25, 1981 Session.) Article 54. Presented by James F. Crain. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town in the amount of $97,550.00 under G.L.C. 44, s.6 as amended in anticipa- tion of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 329 of the Acts of 1980; that 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 obligation; that the Selectmen are authorized to accept highway funds from all sources including those made available to the Town under Chapter 570 of the Acts of 1980. 8:35 P.M. Adopted unanimously. 8:40 P.M. George P. Wadsworth served notice of reconsideration of Article 48. 8:41 P.M. 9Arti(Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981.) 59- Article cle 55. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:41 P.M. Article 56. 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 [II determine prior to the final adjournment of the 1982 Annual Town Meeting. Adopted unanimously. 8:42 P.M. Article 57. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:43 P.M. Article 58. Presented by Alfred S. Busa. MOTION: That the sum of $146,000.00 be appropriated for the purchase by or with the approval of the Board of Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. 8:43 P.M. Mr. Busa listed the pieces of equipment, assisted by Walter J. Tonaszuck, Director of Public Works, showing slides of the equipment. 8:51 P.M. Motion, as offered by Mr. Busa, declared adopted by voice vote. 8:58 P.M. Article 59. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:59 P.M. Article 60. Presented by Stephen Michael Politi. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:59 P.M. Article 61. Presented by Stephen Michael Politi. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:59 P.M. Article 62. Stephen Michael Politi moved to table Article 62 which was declared adopted by voice vote. 9 P.M. (See Page 73.) 6® (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981.) Article 63. Presented by Margery M. Battin. MOTION: That the sum of $42,100.00 be appropriated for parking improvements in the Town and to raise such amount $42,100 be trans- ferred from the Parking Meter Fund. 9 P.M. Mrs. Battin stated that the policies have been recommended by the Center Revitalization Committee and adopted by the Board of Selectmen and that the proposal that is being presented tonight is for short term steps. According to Mrs. Battin, there is not enough parking for customers in the middle of the day. The customers must pay for spaces while the employees park for free. She added that the adjoining residential streets need to be protected from all day parking. 227 spaces in the Meriam Street lot will be converted from free to fee parking. She showed a chart which shows a synopsis of the program. 9:08 P.M. Jacquelyn R. Smith goes on with the discussion, speaking of a sticker program and of the 300 employee parking spaces that will be available. 9:14 P.M. Robert M. Hutchinson, Jr., Town Manager, anticipates $67,000. from the meter program the first year. This money is to be used strictly for parking purposes. 9:15 P.M. At the request of Mrs. Battin, former president of the Chamber of Commerce, Robert Sacco, was recognized. He stated that he did not represent the Chamber of Commerce. The Board of Directors of the Center Revitalization Committee unanimously voted for this program and he voiced his approval. 9:17 P.M. James M. McLaughlin served notice of reconsideration of Article 58. 9:18 P.M. j Article 63. Laurence P. Chait, representing the Chamber of Commerce, said that (Cont.) they supported the program subject to two reservations. One of their concerns is employee parking. 9:20 P.M. Richard A. Michelson moved that the sum of $42,100 be deleted and substitute the sum of $8,600. 9:20 P.M. Mr. Michelson said that the $8,600. would buy 65 short term turnover parking spaces and the receipts for the first year would be a little over $13,000. He voiced his disapproval of the present proposal. He added, that as a result of a survey taken last Thursday at the Meriam Street Parking Lot between 6:30 A.M. and 9:30 A.M. , 238 cars pulled in and 86% of those cars were for employees in the center. With the extra 65 parking spaces and the interest income plus the money in the Parking Meter Fund, new plans and proposals could be prepared for next year. 9:32 P.M. Mrs. Battin stated that car-pooling would be encouraged and in response to a question raised by Mary E. Shunney, she said that there are approximately 100 postal employees 9:35 P.M. Iris G. Wheaton, Chairman of the Planning Board, stated that the Board unanimously supported the program as presented by the Board of Selectmen and unanimously disapproved of the program offered by Mr. Michelson. 9:35 P.M. Motion to amend Article 63, as offered by Mr. Michelson, declared lost by voice vote. 9:40 P.M. Mr. Michelson urged defeat of the main motion as offered by Mrs. Battin. 9:42 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981. ) ' "7 �- 61 Article 63. Donald J. Shaw questioned the fairness of town employees parking for (Cont. ) free while employees working in the center will be required to pay. The Town Manager responded that it was the town's money that had con- structed and maintained the parking lots in the center. He added that the town, as a business, has built and provided parking for its employees and patrons similar to what other businesses are required to do, with the exception of the center. 9:47 P.M. In response to a question raised by George A. Burnell, William J. Dailey, Jr. , Vice Chairman of the Appropriation Committee, stated that as this proposal was a last minute entry and his committee did not have time to make a complete study, it therefore was not recommending the appropriation. 9:52 P.M. Main motion, as offered by Mrs. Battin, was declared adopted by voice vote. 9:52 P.M. Article 64. Presented by Carolyn C. Wilson. MOTION: That the sum of $10,000.00 be appropriated to locate water and to dig a deep well to provide the Old Reservoir with a water supply as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 9:52 P.M. At Mrs. Wilson's request, Robert Eby of the Recreation Committee was recognized and gave a short explanation of the motion. 9:55 P.M. Motion, as offered by Mrs. Wilson, declared adopted by voice vote. 9:57 P.M. Daniel L. McCabe moved that Article 8 be taken off the table at this time. This motion was declared adopted by voice vote. 9:57 P.M. Article 8. (See Page 14. ) Presented by Daniel L. McCabe. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:57 P.M. Richard A. Michelson served notice of reconsideration of Article 63. 9:57 P.M. Article 65. Presented by Judith J. Uhrig. MOTION: That the sum of $41,700 be appropriated for the repair of tennis courts 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. 9:57 P.M. At Mrs. Uhrig's request, F. David Wells, Chairman of the Recreation Committee, was recognized and explained the need of the repairs. 10 P.M. Mary W. Miley expressed the support of the Board of Selectmen. 10:03 P.M. Motion, as offered by Mrs. Uhrig, declared carried by voice vote. 10:05 P.M. 568 (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981. ) 62 Article 66. (See Page 43 - March 25, 1981 Session. ) Article 67. (See Page 44 - March 25, 1981 Session. ) Article 68. Presented by Mary W. Miley. MOTION: That the sum of $5,336.93 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 to raise such amount $5,336.93 be transferred from the appropriation voted under Article 45 of the Warrant for the 1963 Annual Town Meeting. Adopted unanimously. 10:05 P.M. Article 69. Presented by James F. Crain. MOTION: That the sum of $176,000.00 be appropriated to fund a local transportation system, that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept and expend funds from the M.3.T.A. or any other governmental agency in connection therewith and to continue with a private transit company to provide transportation services. 10:06 P.M. Mr. Crain explained that the amount of the appropriation had been reduced because specific bids were received today. 10:07 P.M. Fred D. Rosenberg of the Transportation Advisory Committee showed slides of the budget breakdown and explained them. 10:12 P.M. Mr. Crain stated that the project has proven useful to the town and we are conserving energy. He added that he is a very strong endorser and that the Board of Selectmen supports this article. li] 10:14 P.M. George P. Wadsworth, Chairman of the Appropriation Committee, responded to a question raised by George A. Burnell. He stated that the Appropriation Committee feels that the service should be paid for by the users themselves and recommends the appropriation of $90,000.00 as was appropriated two years ago when the program started. 10:19 P.M. A petition by the League of Women Voters, according to its chairman, Ruth Joyce Nablo, was signed by 300 residents in support of the transportation system. 10:22 P.M. David Reiner read a letter of support from a resident and added his own support. 10:25 P.M. Motion, as offered by Mr. Crain, declared adopted by voice vote. 10:25 P.M. Article 2. James M. McLaughlin moved that the Report on the Housing Policy Resolution adopted by the 1979 Town Meeting be accepted and placed on file. Adopted unanimously. 10:27 P.M. George A. Burnell served notice of reconsideration of Article 69. 10:28 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981.) 6, Article 70. Presented by Patricia A. Swanson. MOTION: That the care, custody, management and control of Muzzey Junior High School and the land adjoining it be transferred from the School Department to the Board of Selectmen effective September 1, 1981; to appropriate for such care, custody management and control of closed schools, the sum of $50,000.00 therefor; and 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. 10:28 P.M. Mrs. Swanson stated that the Muzzey Junior High School is no longer needed for educational purposes. 10:30 P.M. Arthur C. Smith asked if the $50,000.00 was to be used for main- tenance for other closed schools. 10:31 P.M. Stephen Michael Politi responded that the $50,000.00 is only for Muzzey Junior High School but a portion will be used by the Adams Conversion Committee. 10:32 P.M. Ephraim Weiss asked if the decision on the use for Adams School had been made yet. Mr. Politi answered that the Selectmen are in the process of appointing a new committee on the Adams School Conversion. 10:35 P.M. Motion, as presented by Mrs. Swanson, declared adopted by voice vote. 10:35 P.M. Alfred S. Busa moved that this meeting be adjourned to Monday, June 8, 1981 at 8 P.M. in Cary Memorial. He added that if everyone came prepared, the warrant could be completed and the meeting be dissolved. 10:35 P.M. Mr. Busa's motion to adjourn to Monday, June 8, 1981 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:35 P.M. A true copy. Attest: 7100,,,.. /le Mary R. McDonough, Town Clerk Article 71. (See Page 71.) 64 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING JUNE 8, 1981 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was again called to order by the Moderator at 8:13 P.M. There were 170 Town Meeting Members present. The invocation was offered by Rev. Harvey Meppelink, Pastor of the Assemblies of God Christian Center. 8:15 P.M. Arthur C. Smith moved that Article 45 be taken off the table. This motion was adopted unanimously. 8:16 P.M. Article 45. (See Page 57.) Presented by Arthur C. Smith. MOTION: That this article be indefinitely postponed. 8:17 P.M. Motion to indefinitely postpone Article 45 was adopted unanimously. 8:18 P.M. Article 2. Alfred S. Busa, Chairman of the Board of Selectmen, reported for the Board that Town Manager, Robert M. Hutchinson, Jr. , Louis A. Zehner, Town Treasurer and Comptroller, Richard M. Perry went down to New York to confer with Moody's Rating Bureau in regard to the rating for the Town of Lexington. Just this past week the town has been notified that it has retained its AAA rating and Mr. Busa praised the efforts of the above three town officials and all those who helped in keeping this excellent rating. 8:18 P.M. James M. McLaughlin moved to reconsider Article 29. (See Pages 38, 41 & 42.) 8:19 P.M. At Mr. McLaughlin's request, Charles Spaulding of Spaulding & Slye was recognized and he discussed briefly the project on Hartwell Avenue under Article 29. 8:23 P.M. Winifred L. L. Friedman spoke against reconsideration, traffic being her major objection. 8:28 P.M. Iris G. Wheaton, Chairman of the Planning Board, opposing reconsideration of Article 29, spoke of letters from Governor King and Dean Amidon of the State DPW in regards to the traffic on Bedford Street. She also listed the priorities in the Town Engineer's Traffic Study Report on this area, one of which was the widening of Bedford Street from Route 128 to Winter Street. 8:35 P.M. Speaking in favor of reconsideration of Article 29, Patricia A. Swanson said that the traffic problem exists whether this article is adopted or not. 8:36 P.M. Louis E. Conrad and Albert P. Zabin both spoke in favor of reconsideration and Elizabeth M. Barabush, a resident of Eldred Street, speaking against reconsideration asked for the help of the Town Meeting Members. She added that the day could come when a rezoning could be in their area and then they would understand the problems. 8:54 P.M. •... Motion to reconsider Article 29 was declared adopted by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Precinct In Favor Tellers Opposed 1 16 Barry E. Sampson 1 2 16 Carolyn C. Wilson 0 3 8 Suanne C. Dillman 6 4 13 Margaret F. Rawls 4 5 11 Marjorie M. Daggett 2 6 7 Setha G. Olson 11 7 2 Graydon M. Wheaton 14 8 8 A. Patricia McCabe 5 9 9 Deborah B. Green 5 �--, At Large 12 William J. Dailey, Jr. 8 Totals 102 56 Motion to reconsider Article 29 declared adopted. 8:58 P.M. Article 29. (See Pages 38, 41 and 42.) The motion in its original form as presented at the March 25, 1981 session of the 1981 Annual Town Meeting under Article 29, according to the Moderator, is now before the meeting. The original motion reads as follows: (Not MOTION: That the Town amend the Zoning By-Law by changing the adopted) district designation from RO, One Family Dwelling and CM, Manu- facturing and Research Park to CD, Controlled Commercial and Industrial, of land at the intersection of Hartwell Avenue and Wood Street, commonly known as the Cosgrove property, bounded and described as set forth in Article 29 of the Warrant to the 1981 Annual Town Meeting, comprising 22.6 acres, more or less. Said land being the same parcels shown as (a) Lot 24, Lot 31 and land labelled "Owner Unknown" and "Old Wood Street" on Land Court Plan No. 6686W, filed with Certificate of Title No. 8835, South Registry District of Middlesex County, and (b) Lot 12 on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lexington, Mass." by F. P. Cutter, Surveyor, recorded with Middlesex South District Registry of Deeds on June 9, 1897, in Plan Book 104, Page 24. The preliminary site development and use plan for such zoning district shall be the plan dated March 19, 1981 filed with the Town Clerk. James M. McLaughlin moved to amend as follows: MOTION: That the pending motion on Article 29 be amended to provide that the Preliminary Site Development and Use Plan for the CD zoning district shall be the plan dated March 19, 1981, as modified by Supplemental Specifications dated June 8, 1981 and filed with the Town Clerk. 9:02 P.M. Mr. Dobroth of Spaulding & Slye was recognized at the request of Mr. McLaughlin and he explained the Supplemental Specifications that are being added to the main motion and that were filed with the Town Clerk on June 8, 1981. 9:04 P.M. Mr. McLaughlin's motion to amend the main motion was declared adopted by voice vote. 9:04 P.M. Main motion, as amended, now reads: MOTION: That the Town amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling and CM, Manufact- (Not uring and Research Park to CD, Controlled Commercial and Industrial, adopted) of land at the intersection of Hartwell Avenue and Wood Street, commonly known as the Cosgrove property, bounded and described as set forth in Article 29 of the Warrant to the 1981 Annual Town Meeting, comprising 22.6 acres, more or less. 66 ' (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Article 29. Main motion, as amended, now reads: (Cont. ) (Cont. ) Said land being the same parcels shown as (a) Lot 24, Lot 31 and land labelled "Owner Unknown" and "Old Wood Street" on Land Court Plan No. 6686W, filed with Certificate of Title No. 8835, South Registry District of Middlesex County, and (b) Lot 12 on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lexington, Mass. " by F. P. Cutter, Surveyor, recorded with Middlesex South District Registry of Deeds on June 9, 1897, in Plan Book 104, Page 24. The Preliminary Site Development and Use Plan for the CD zoning district shall be the plan dated March 19, 1981, as modified by Supplemental Specifications dated June 8, 1981 and filed with the Town Clerk. The Moderator stated that the main motion, as amended, is now before the meeting. 9:05 P.M. Mr. Dobroth continued his explanation of the project and the Supplemental Specifications. 9:22 P.M. James V. Cosgrove of 307 Wood Street, the owner of the land in question, was recognized. He explained that the land is surrounded by research and industry and is no longer economically feasible for farming. This land has been in the Cosgrove family for over one hundred years. 9:25 P.M. Selectman Alfred S. Busa stressed that there would be full cooperation with the state and Town of Lexington as regards to the residents on Bedford Street. 9:32 P.M. Selectman James F. Crain expressed his opposition to the motion. 9:37 P.M. Roger G. Trudeau, Myron L. Miller and Martin L. Hagerty, all residents of North Lexington, voiced their opposition. 9:51 P.M. Julian J. Bussgang, whose company is one of the ones affected, declared that he would abstain from voting on this motion. He then proceeded to speak on the motion and the reasons for approval. 10:07 P.M. Ione D. Garing moved the previous question. 10:07 P.M. Alfred S. Busa stated that four members of the Board of Selectmen were against the article. 10:08 P.M. Voice vote on previous question motion was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Barry E. Sampson 14 2 14 Carolyn C. Wilson 3 3 6 Suanne C. Dillman 7 4 10 Margaret F. Rawls 6 5 12 Marjorie M. Daggett 3 6 4 Setha G. Olson 13 7 4 Graydon M. Wheaton 11 8 12 A. Patricia McCabe 0 9 5 Deborah B. Green 11 At Large 14 William J. Dailey, Jr. 6 Totals 85 74 Previous question motion prevailed. 10:10 P.M. Frank Sandy requested that a roll call vote be taken on the main motion, as amended, and more than the required fifty members stood in favor. The Moderator stated that a call of the roll was in order. 10:10 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) 67 Article 29. At Fred D. Rosenberg's request, a Mr. Ferguson of the Wood Street (Cont. ) Civic Association spoke from the balcony in opposition. 10:17 P.M. Stephen W. Doran, Town Meeting Member At Large and State Representa- tive for the Town of Lexington, spoke on the Legislature's Anti- Growth Provision. 10:20 P.M. The roll call vote on the main motion, as amended, as offered by James M. McLaughlin, was taken by the Town Clerk, Mary R. McDonough, starting at 10:20 P.M. and completed at 10:30 P.M. The final tally was completed at 10:33 P.M. with the following results: •— (Final result announced by the Moderator at 10:34 P.M.) PRECINCT ONE YES NO ABSTAINED ABSENT Nancy M. Adler x John T. Avery x James E. Barry x Nancy L. Barter x Sheila Busa-Tassone x James Cataldo x Ralph A. Cataldo x Robert A. -Cataldo x Sheila Clemon-Karp x Mark Doran x David F. Eagle x Patricia K. Hagedorn x Cornelia C. Johnson x Ronald Levy x William E. Maloney, Jr. x Barry E. Sampson x Marie T. Walton x Robert E. Walton x Pamela Winston x Albert P. Zabin x Judith L. Zabin x TOTALS 17 1 0 3 PRECINCT TWO William E. Bicknell x Julian J. Bussgang x Elizabeth H. Clarke x Eric T. Clarke Karen A. Dooks x George E. Foote, Jr. x Lillian T. MacArthur x Barry H. Marshall x Frank I. Michelman x Michael J. O'Sullivan x Elizabeth H. Pressman x Arthur C. Smith x Elaine M. Sullivan x Patricia A. Swanson x Judith J. Totman x Christina J. Welch x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 18 0 2 1 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x 68 (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Article 29. ROLL CALL VOTE ON MAIN MOTION AS AMENDED AS OFFERED BY JAMES M. (Cont. ) McLAUGHLIN UNDER ARTICLE 29. (CONT.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Erna S. Greene Lilah H. Groisser Gloria V. Holland x Jeanne K. Krieger x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x William A. Ridgley x `� Paul V. Rif fin x Marie E. Roberts x Robert I. Rotberg x Richard W. Souza x TOTALS 7 7 0 7 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x William J. Dailey, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Joyce Hals x Peter C. J. Kelley x Daniel L. McCabe x Richard F. Perry x ' Margaret F. Rawls x Joseph O. Rooney x ,� Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x George P. Wadsworth Martin K. White x Germania B. Whiting x TOTALS 14 6 0 1 PRECINCT FIVE Florence A. Baturin x Steven A. Clark x Howard Cravis x Wallace Cupp x Marjorie M. Daggett x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x Edward R. DuBois x William M. Fraser x * Joseph F. Gilbert, Jr. x Paul E. Hamburger x John Orin Hayward x Leona W. Martin x George F. McCormack x Stephen W. Miller x Madeline A. Shaughnessy x James L. Silva x Lloyd D. Taylor x Ephraim Weiss x David G. Williams x TOTALS 13 2 0 6 (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981. ) 10:1 Article 29. ROLL CALL VOTE ON MAIN MOTION AS AMENDED AS OFFERED BY JAMES M. (Cont. ) McLAUGHLIN UNDER ARTICLE 29. (CONT.) PRECINCT SIX YES NO ABSTAINED ABSENT Earl F. Baldwin, Jr. x Susan S. Beck x Margaret N. Brooke x Levi G. Burnell x J. Keith Butters x -- John F. Downey, Jr. x Neil Gray Harry A. Hall, III x Hugh C. Kent x Judith B. Marshall x James L. McDevitt x Ruth Joyce Nablo 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 John S. Willson x TOTALS 7 12 0 2 PRECINCT SEVEN Elizabeth M. Barabush x Robert E. Bond x George A. Burnell x John R. Campbell x Renee T. Cochin x Manfred P. Friedman x Winifred L. L. Friedman x Lloyd Gilson x Martin L. Hagerty x Marthur H. Kalil x Myron L. Miller x Alice M. Pierce x David Reiner x William J. Scouler x John E. Taylor x Roger G. Trudeau x Jacquelyn H. Ward x John E. Ward X Graydon M. Wheaton x Iris G. Wheaton x Martha C. Wood x TOTALS 1 16 1 3 PRECINCT EIGHT Richard H. Battin x G. Richard Beamon x Charles E. Connolly x William P. Fitzgerald x Suzanne S. Frank x Ione D. Garing x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x Jack Sarmanian x Anne R. Scigliano x Frank L. Shunney x 7 V (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Article 29. ROLL CALL VOTE ON MAIN MOTION AS AMENDED AS OFFERED BY JAMES M. (Cont. ) McLAUGHLIN UNDER ARTICLE 29. (CONT. ) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Mary E. Shunney x Francis W. K. Smith x Jacquelyn R. Smith x Shirley H. Stolz x Stanley E. Toye x Eleanor H. Yasaitis x TOTALS 9 9 0 3 PRECINCT NINE Kenneth O. Alves x Gordon E. Barnes, Jr. x Jane P. Buckley x Joan N. L. Collins x Louise G. R. Colwell x Ronald W. Colwell x Louis E. Conrad x James E. Cosgrove x Anna P. Currin x James J. Findley x Deborah B. Green x Stephen K. Johnson x Iris E. Larssen x Paul E. Mazerall x Richard M. Perry x Daniel E. Power x Susan J. Ricci x Fred D. Rosenberg x James J. Scanlon x Donald J. Shaw x ' Roy Weinstein _ _ _ x TOTALS 8 8 1 4 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Alfred S. Busa x Norman P. Cohen x Lincoln P. Cole, Jr. x James F. Crain x Stephen W. Doran x Mary R. McDonough x Mary W. Miley x Stephen Michael Politi x Louis A. Zehner x TOTALS 4 4 2 0 TOTAL TALLY OF ROLL CALL VOTE ON ARTICLE 29 PRECINCT YES NO ABSTAINED ABSENT TOTAL 1 17 1 0 3 21 2 18 0 2 1 21 3 7 7 0 7 21 4 14 6 0 1 21 5 13 2 0 6 21 6 7 12 0 2 21 7 1 16 1 3 21 8 9 9 0 3 21 9 8 8 1 4 21 At Large 4 4 2 0 10 TOTALS 98 65 6 30 199 The Moderator declared the main motion as amended was not adopted. (Less than the required 10:34 P.M. two-thirds.) (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) 7 1 Article 71. Presented by James F. Crain. MOTION: That the sum of $40,000.00 be appropriated for the un- employment compensation fund to be used in conjunction with money previously appropriated for this purpose, and• that such amount be raised in the tax levy. Adopted unanimously. 10:35 P.M. Article 72. (See Page 72. ) Patricia K. Hagedorn moved that Article 18 be taken from the table but she was informed that the article had not been placed on the table. A notice of reconsideration had been served on Article 18. (See Page 24. ) Francis W. K. Smith moved reconsideration of Article 18. 10:36 P.M. (See Pages 23 & 24. ) Mr. Smith explained that if the motion to reconsider Article 18 is adopted, he will present a substitute motion. 10:37 P.M. Ephraim Weiss speaks against reconsideration and Frank Sandy voiced the support of the Planning Board for the motion to reconsider Article 18 and of the substitute motion. 10:40 P.M. Motion to reconsider Article 18 declared adopted by voice vote. 10:40 P.M. Article 18. (See Pages 23 & 24.) (Motion as presented under Article 18 on March 18, 1981 - See Page 23. ) Francis W. K. Smith moved that: the following be substituted for the original motion offered under Article 18. (As That the Zoning By-Law of the Town be amended by adding a new adopted) section 7.4.9 as follows: (Approved 7.4.9 EXEMPTIONS FOR CERTAIN NON-COMPLYING BUILDINGS by Atty. If a building, or a part of a building, does not comply with the General, dimensional controls of this By-Law or those that were in effect Sept. 21, when it was constructed, it shall be considered to comply with this 1981. By-Law if the following conditions are met: Posted in Town 1) The non-compliance has existed for at least six consecutive Office years during which time no enforcement action under the Building provisions of sections 3.1 and 3.2 of this By-Law has been & nine taken, and precincts on Oct. 2) The non-compliance was not created or increased by changes in 6, 1981. ) lot lines after the construction of the building, and 3) There is evidence that the building was constructed except for said dimensional non-compliance in accordance with a building permit issued by the Town. If a building, or a part of a building, does not comply with the dimensional controls of this By-Law or those that were in effect when it was constructed, and conditions 1) and 2) above are met but there is no evidence a building permit was issued or the con- struction in addition to said dimensional non-compliance is not in accordance with a building permit duly issued, the Board of Appeals may grant a special permit for the continued use of the building under the provisions of section 3.3 of this By-Law provided the Board of Appeals finds that the building is not a substantial detriment to the neighborhood. 10:42 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Article 18. Mr. Smith's motion to substitute was adopted by voice vote. 10:42 P.M. (Cont.) The Moderator stated that the substitute motion is now the main motion. (See Page 71. ) Voice vote on this motion was not unan- imous so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Barry E. Sampson 0 2 17 Carolyn C. Wilson 1 3 14 Suanne C. Dillman 0 4 16 Margaret F. Rawls 0 5 10 Marjorie M. Daggett 2 6 16 Setha G. Olson 0 7 13 Graydon M. Wheaton 1 8 12 A. Patricia McCabe 0 9 11 Deborah B. Green 0 At Large 17 William J. Dailey, Jr. 0 Totals 138 4 More than the required two-thirds having voted in favor, the substitute motion, which is now the main motion, was declared adopted. (See Page 71 for motion as adopted.) 10:46 P.M. Ephraim Weiss moved that this meeting be adjourned to Wednesday, June 10, 1981 at 8 P.M. in Cary Memorial Hall. 10:47 P.M. Alfred S. Busa, Chairman of the Board of Selectmen, urged defeat of the motion to adjourn. 10:47 P.M. Manfred P. Friedman spoke in favor of adjournment and Ephraim Weiss urged support of his motion to adjourn. 10:49 P.M. Motion to adjourn to Wednesday, June 10, 1981 at 8 P.M. in Cary Memorial Hall, as offered by Mr. Weiss, declared lost by voice vote. 10:49 P.M. Article 72. Presented by Margery M. Battin. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Board of Health under G.L.C. 40s.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 procure- ment salaried position for CMARC, and that such amount be raised in the tax levy. 10:50 P.M. After Mrs. Battin gave a short explanation she asked that Irwin Alderson, President of CMARC be recognized. He asked if there were any questions from the members and gave a very brief talk. 10:55 P.M. Stephen W. Doran spoke in favor of the motion and urged the members to visit CMARC as he had. He was very impressed with the operation. 10:55 P.M. Motion, as offered by Mrs. Battin, declared adopted unanimously. 10:55 P.M. Article 73. (See Page 74. ) Iris G. Wheaton moved that the motion to reconsider Article 24 be taken off the table. This motion was adopted by voice vote. (See Page 41. ) -- 10:57 P.M. Mrs. Wheaton spoke on the motion to reconsider Article 24. 10:57 P.M. Norman P. Cohen, Town Counsel, stated that he did not know of any other town in the state that had Certificate of Compliance in their by-law. He added that it causes more problems than it helps. 11 P.M. Q (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) _3. Planning Board Member, Karsten Sorensen, spoke against reconsideration of Article 24. 11:01 P.M. Iris G. Wheaton stated that four members of the Planning Board were in favor of reconsideration with one member opposed. She added that if reconsideration of Article 24 was adopted, she would present a substitutemotion which would consist of two parts. The Planning Board unanimously supports the first part and against the second part. 11:05 P.M. John Orin Hayward asked if the second part could be deleted and Mrs. Wheaton answered that this article had been inserted in the warrant at the request of the Building Commissioner. 11:07 P.M. Motion to reconsider Article 24 declared adopted by voice vote. 11:08 P.M. Article 24. (See Pages 29 and 41.) (Original motion presented by Mrs. Wheaton at the March 23, 1981 Session of the 1981 Annual Town Meeting. See Page 29. ) Iris G. Wheaton offered the following: MOTION: That the following be substituted for the original motion offered under Article 24: (Adopted Motion That the Zoning By-Law of the Town be amended: (See below) 1) by striking Section 3.1.5 CERTIFICATE OF COMPLIANCE in its Approved entirety, and by Atty. General, 2) by inserting in place thereof a new Section 3.1.5 as set forth Sept. 21, in the motion attached to the report of the Planning Board on 1981. this article. Posted in 11:09 P.M. Town Office Building At Mrs. Wheaton's request, the Moderator stated that the two items & nine would be divided for the purpose of voting. 11:09 P.M. precincts on Oct. Mrs. Wheaton's motion to substitute a motion was declared adopted 6, 1981. ) by voice vote. 11:09 P.M. Vote on item #1 was declared adopted unanimously. 11:10 P.M. Vote on item #2 was declared lost by voice vote. 11:10 P.M. (Motion as adopted under Article 24 now reads: (As MOTION: That the Zoning By-Law of the Town be amended: adopted) 1) by striking Section 3.1.5 CERTIFICATE OF COMPLIANCE in its entirety. Adopted unanimously. 11:10 P.M.) Alfred S. Busa moved that Article 62 be taken off the table. This motion was declared adopted by voice vote. (See Page 59.) Article 62. (See Page 59.) Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 11:11 P.M. P7 A (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) Article 73. Presented by Alfred S. Busa. MOTION: That the sum of $1,175,000.00 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1981, and that such amount be transferred from the Excess and Deficiency Account (Free Cash) , and that the sum of $1,487,204.00 plus any additional amount added to free cash not be utilized for the purpose of re- ducing the property tax levy for fiscal year 1982. 11:13 P.M. William J. Dailey, Jr. , Vice Chairman of the Appropriation Committee, said that his committee had been anxious to keep ., $2,000,000.00 available in free cash and hoped in the future that a limit would be established at the beginning of town meeting and ._ each appropriation voted on accordingly. 11:20 P.M. Mr. Busa stated that the Board of Selectmen and the School Committee would take this into consideration for next year's budget. 11:22 P.M. In response to a question raised by Arthur C. Smith, Town Counsel Norman P. Cohen stated that the Selectmen could call a special town meeting anytime before the tax rate is set and change the amount in the free cash. 11:27 P.M. The concern at this time, before the receipt of the cherry sheet, is the uncertainty of the amount of state aid. If the amount should be higher than expected, Mr. Weiss wished to amend the motion so that it would go into the overlay surplus account. Mr. Cohen answered that such a motion would be outside the scope of the article and Mr. Busa added that the overlay surplus account is the responsibility of the Board of Assessors. 11:29 P.M. The Moderator informed the meeting that if the vote on the main motion was not unanimous, a standing vote would be taken. Main motion, as offered by Mr. Busa, declared adopted unanimously. 11:44 P.M. Alfred S. Busa moved that this meeting (1981 Annual Town Meeting) be dissolved. 11:45 P.M. The Moderator stated that as there is still an article on the table, that if the motion to dissolve is not unanimous, a standing vote will be taken as at least two-thirds of those present and voting must be in favor of dissolution. 11:46 P.M. Motion to dissolve the 1981 Annual Town Meeting, as offered by Mr. Busa, was declared adopted unanimously by voice vote. 11:46 P.M. A true copy. Attest: 1 I ii" .e\ . rn) 4t-VMHAle fellAd' Mary R. McDonough, Town Clerk E� Roy Weinstein, 6 Nickerson Road resigned as a Town Meeting Member from Precinct 9 effective January 8, 1982. Alice J. Adler, 10 Nickerson Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election held March 2, 1981. As of January 14, 1982 Alice J. Adler accepted the position of Town Meeting Member from Precinct 9 to fill the vacancy caused by the resignation of Mr. Weinstein. This term will expire in March 1982 at the next Annual Town Election. (WARRANT FOR ANNUAL TOWN ELECTION AND TOWN MEETING - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MARCH 1, 1982 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 Monday, March 1, 1982 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. Collins Clerk D Ann M. Pace D Margaret S. Blouin Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Elliott J. Barrett R Dorothy O. Jones Inspector D Priscilla H. Winter Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Catherine R. Sullivan Inspector D Evelyn T. Lawson R Winifred E. Ivester Inspector R Harold W. Josephson Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Robert P. Trask, Jr. Clerk D Phyllis C. Bradford D Mary G. Faulkingham Inspector R Josephine M. Luther R George W. Greenlaw, Jr. Inspector D Suzanne H. Spencer Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Barbara M. Collins Inspector The election officers were sworn to the faithful performance of their duties. 7 11 (Annual Town Election - March 1, 1982.) 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. The total number of registered voters in each precinct eligible to vote as of February 9, 1982 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,144 1,030 458 656 2 2,099 1,043 415 641 3 1,939 870 402 667 4 2,302 1,024 598 680 5 2,162 956 453 753 ..—] 6 2,192 882 680 630 7 2,286 1,012 531 743 8 1,900 803 505 592 9 2,265 929 526 810 Totals 19,289 8,549 4,568 6,172 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 9:02 P.M. Precinct 2 8:55 P.M. Precinct 3 8:45 P.M. Precinct 4 9:05 P.M. Precinct 5 8:45 P.M. Precinct 6 8:59 P.M. Precinct 7 8:50 P.M. Precinct 8 8:40 P.M. Precinct 9 8:58 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: f Precinct 1 890 voters cast their vote Precinct 2 685 voters cast their vote Precinct 3 544 voters cast their vote Precinct 4 744 voters cast their vote Precinct 5 642 voters cast their vote Precinct 6 861 voters cast their vote Precinct 7 665 voters cast their vote Precinct 8 680 voters cast their vote Precinct 9 675 voters cast their vote Total 6,386 voters cast their vote 33.1% of the 19,289 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) 1 15 11 2 2 0 2 7 5 2 0 0 ,_ 3 11 8 2 1 0 4 14 12 2 0 0 5 9 7 2 0 0 6 15 9 6 0 0 7 10 6 4 0 0 8 10 7 3 0 0 9 6 5 10 0 Totals 97 70 24 3 0 1 (Annual Town Election - March 1, 1982.) 7 7 APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (CERTIFIED PERMANENTLY DISABLED) 1 1 1 Totals 1 1 OVER-THE-COUNTER 1 6 6 2 9 9 3 2 2 4 17 17 5 5 5 6 19 19 7 7 7 8 4 4 9 3 3 Totals 72 72 NON-REGISTERED VOTERS 1 1 1 4 2 1 1 6 1 1 7 1 1 9 1 1 Totals 6 3 3 TOTALS 176 146 27 3 0 BALLOTS REJECTED: Precinct 1 1 Precinct 5 1 Total 2 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN Robert F. Sacco 506 358 270 354 313 460 288 386 323 3,258 Albert P. Zabin 364 315 254 373 325 388 366 281 333 2,999 Blanks 20 12 20 17 4 13 11 13 19 129 Totals 890 685 544 744 642 861 665 680 675 6,386 Robert F. Sacco was elected to the Board of Selectmen for a term of three years expiring in March 1985. r-- MODERATOR Lincoln P. Cole, Jr. 661 511 413 574 487 686 492 541 510 4,875 Blanks 229 174 131 170 155 175 173 139 165 1,511 Totals 890 685 544 744 642 861 665 680 674 6,386 Lincoln P. Cole, Jr. was elected Moderator for a term of one year - expiring in March 1983. 78 (Annual Town Election - March 1, 1982. ) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SCHOOL COMMITTEE Patricia A. Swanson 609 438 348 446 385 525 366 444 428 3,989 Shepard Anthony Clough 397 339 257 406 337 505 395 364 321 3,321 Blanks 774 593 483 636 562 692 569 552 601 5,462 Totals 1,780 1,370 1,088 1,488 1,284 1,722 1,330 1,360 1,350 12,772 r • Patricia A. Swanson and Shepard Anthony Clough were elected to the School Committee each for a term of three years ending in March 1985. — PLANNING BOARD Iris G. Wheaton 377 246 202 254 265 355 388 276 315 2,678 Judith J. Uhrig 335 332 259 402 276 417 227 311 267 2,826 Blanks 178 107 83 88 101 89 50 93 93 882 Totals 890 685 544 744 642 861 665 680 675 6,386 Judith J. Uhrig was elected to the Planning Board for a term of five years ending in March 1987. LEXINGTON HOUSING AUTHORITY Joseph O. Rooney 599 446 351 479 407 576 408 456 429 4,151 Marian C. Reilly 0 0 0 3 0 0 0 0 0 3 Blanks 291 239 193 262 235 285 257 224 246 2,232 Totals 890 685 544 744 642 861 665 680 675 6,386 Joseph O. Rooney was elected to the Lexington Housing Authority for a term of five years ending in March 1987. TOWN MEETING MEMBERS - PRECINCT ONE *James E. Barry 499 *Robert E. Breslin 565 *William E. Maloney, Jr. 518 Laurel A. Macauda 320 *Barry E. Sampson 500 *James S. Wilson 522 *Judith L. Zabin 479 Blanks 2,384 *Joel A. Adler 443 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO *Elizabeth H. Clarke 345 *Alan B. Wilson 365 Eric T. Clarke 326 *Donald D. Wilson 366 **Karen A. Dooks 329 *John Thomas Cunha 339 *Michael J. O'Sullivan 376 John R. Holt 215 *Patricia A. Swanson 373 Anne L. Whelan 280 *William S. Widnall 359 Blanks 1,807 *Elected for three years. **Elected for one year. J TOWN MEETING MEMBERS - PRECINCT THREE *Jacqueline B. Davison 329 *Richard W. Souza 218 *Elizabeth M. Flynn 277 Bruce Collier 168 Francis P. McCarron 202 *Donna M. Hooper 246 *Paul V. Riff in 239 *Marjorie K. Madoff 229 Francis W. K. Smith 216 George Edwin Spitzmiller, Jr. 73 *Jacquelyn R. Smith 241 Blanks 1,370 *Elected for three years. (Annual Town Election - March 1, 1982.) 79 TOWN MEETING MEMBERS - PRECINCT FOUR *Gerald L. Abegg 446 *Peter C. J. Kelley 398 *Nyles Nathan Barnert 391 *Joseph O. Rooney 343 *William J. Dailey, Jr. 394 Stephen B. Cripps 326 *Frederick C. Frick 403 Timothy J. Quinlan 288 *Katherine G. Fricker 366 Blanks 1,853 *Elected for three years. .--•1 TOWN MEETING MEMBERS - PRECINCT FIVE *Guy W. Doran 399 Paul S. Shaughnessy 204 Edward R. DuBois 207 William B. Simmons 137 *Joseph F. Gilbert, Jr. 273 *Edgar R. Stuhr 279 *Leona W. Martin 246 *Julie F. Triessl 245 *Madeline A. Shaughnessy 273 *Mary Kathryn Wolf 255 Lloyd D. Taylor 232 Blanks 1,626 Warren Roberts 118 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SIX *Earl F. Baldwin, Jr. 472 *Thomas E. Fortmann 469 *John F. Downey, Jr. 399 *Paul W. Marshall 408 *Sam V. Nablo 464 Paul W. Perkins 226 *Edith Sandy 454 Marcia M. Stille 316 *Frank Sandy 438 Blanks 1,990 Constance E. Devereux 391 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN *George A. Burnell 300 Barry M. Gilman 289 *Manfred P. Friedman 409 *Clarice B. Gordon 309 *Martin L. Hagerty 387 *Mary W. Miley 466 *John E. Taylor 356 James L. Ware, Jr. 244 *Iris G. Wheaton 449 Blanks 1,446 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT *Richard H. Battin 380 *Walter N. Leutz 339 *Robert E. Bond 339 Alan Mayer Levine 325 *Anthony L. Mancini 406 *Richardson C. Smith 405 *Anne R. Scigliano 385 *Carolyn H. Tiffany 385 ***Stanley E. Toye 327 Frances Carlson 1 **Charles E. Connolly, Jr. 337 Blanks 2,491 *Elected for three years. **Elected for two years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE 7 L-- **Alice J. Adler 266 *Paul E. Mazerall 268 *Jane P. Buckley 362 *Fred D. Rosenberg 330 James E. Cosgrove 232 *John C. Eddison 307 *Anna P. Currin 365 *William P. Kennedy 270 Neil Gray 261 Stanley S. Wallack 237 *Deborah B. Green 355 Blanks 1,936 Stephen K. Johnson 211 *Elected for three years. **Elected for two years. 80 (Annual Town Election - March 1, 1982. ) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION - (Additional or Subsidiary Rate For Health Insurance) "Shall the town, in addition to the payment of fifty per cent of premium costs payable by the surviving spouse of an employee or retired employee for group general or blanket hospital, surgical, medical and other health insurance pay an additional or subsidiary rate?" (Ch. 32B, Sec. 9 1/2D Gen. Laws) YES 206 180 145 157 144 194 168 180 163 1,537 NO 259 180 145 217 179 236 202 196 198 1,812 —� Blanks 425 325 254 370 319 431 295 304 314 3,037 __J Totals 890 685 544 744 642 861 665 680 675 6,386 A true copy. Attest: 0 D Mary R. McDonough, Town Clerk ANNUAL TOWN MEETING - APRIL 5, 1982 81 The meeting was called to order by the Moderator, Lincoln P. Cole; Jr. , at 8:10 P.M. in Cary Memorial Hall. There were 187 Town Meeting Members present. Invocation was offered by Reverend David C. Myers, Pastor of the Lexington United Methodist Church. 8:11 P.M. The Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the meeting. 8:13 P.M. The Constable's Return of the warrant was read by the Town Clerk. 8:13 P.M. Article 2. Alfred S. Busa, Chairman of the Board of Selectmen, moved that the Town Manager's Status Report On Open Money Articles be accepted and placed on file. Adopted unanimously. 8:14 P.M. The Moderator stated that Article 2 would remain open throughout the entire meeting and that reports could be filed at any time. 8:15 P.M. At Mr. Busa's request, Robert M. Hutchinson, Jr. , Town Manager, was recognized and he gave a brief review of the municipal budget. Using slides as a visual aid, Mr. Hutchinson explained that the total budget for FY83 was $32,598,550. - town budget amount $14,659,847 and school budget amount $17,938,703. These amounts reflect the approximate 33% increase in health insurance costs. He added that the net amount to be raised in FY83 is $26,977,887 compared to $25,840,669 for last year. 8:22 P.M. Myles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Adopted unanimously. 8:25 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, - moved that the report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:27 P.M. Article 3. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 82) Presented by Alfred S. Busa. MOTION: That the sum of $160,000 be appropriated for the following line items, to be used in conjunction with money appropriated under Article 39 of the Warrant for the 1981 Annual Town Meeting, and that to raise such amount $160,000 be transferred from the Reserve Fund- Overlay Surplus Account. 82 (Annual Town Meeting - April 5, 1982.) Article 3. Account # Amount (Cont. ) 1700 Group Insurance $ 75,000 3770 Police Department Collective Bargaining Unit-Personal Services $ 20,000 4120 Fire Department Collective Bargaining Unit-PersonalServices $ 65,000 8:27 P.M. Mr. Busa explained that the above requests were due to the increase in health insurance costs, unanticipated injuries in the Police Department and overtime costs in the Fire Department. Adopted unanimously. 8:28 P.M. Article 4. OPERATING BUDGET Presented by Alfred S. Busa. 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. 8:29 P.M. The following was read by the Moderator: Selectmen's Department #1000 Personal Services $ 31,533 _1050 Expenses 7,775 8:29 P.M. Town Manager's Office 1060 Personal Services 109,300 .__1 1065 Expenses 7,000 8:29 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 39,000 1075 Clerical Pool 9,573 1080 Office Furniture & Fixtures 3,000 1090 General Professional Services 25,000 1125 Fire & Police Medical 20,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 8:30 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 1,000 8:30 P.M. Town Clerk's Department t 1150 Personal Services 65,217 1200 Expenses 1,400 r..l 8:30 P.M. Board of Appeals 1500 Personal Services 14,365 1550 Expenses 2,650 8:31 P.M. (Annual Town Meeting - April 5, 1982. ) 8 3 Article 4. Planning Board (Cont.) #1600 Personal Services $ 43,726 1650 Expenses 5,000 8:31 P.M. Insurance 1700 Group 1,065,000 1750 Municipal Property & Workmen's Compensation 300,000 8:31 P.M. Printing Town Report 1760 Expenses 5,000 8:32 P.M. Law Department 1775 Law Fees 60,000 1800 Law Expenses 15,000 8:32 P.M. Elections 1900 Selectmen Jurisdiction 19,855 1950 Town Clerk Jurisdiction 15,559 8:32 P.M. Board of Registrars 2000 Personal Services 7,573 2050 Expenses 13,018 8:33 P.M. Town Committees 2250 Appropriation Committee Expenses 950 2370 Misc. Committees & Boards Expenses 2,500 2400 Town Celebrations Committee Expenses 7,500 8:33 P.M. Historic Districts Commission 2450 Expenses 1,800 8:33 P.M. Conservation Commission 2460 Expenses 6,035 2465 Personal Services 6,816 8:33 P.M. Recreation Committee 2470 Personal Services 137,657 2480 Expenses 20,705 8:34 P.M. Treasurer/Collector's Department 2500 Personal Services 96,618 2525 Expenses 25,760 2575 Foreclosure & Redemption 3,120 8:34 P.M. Comptroller's Department 2800 Personal Services 118,372 2850 Expenses 3,825 8:34 P.M. 84 (Annual Town Meeting - April 5, 1982.) Article 4. Comptroller's Jurisdiction (Cont.) #2925 Office Machines-Capital Outlay $ 9,500 2930 Office Machines-Maint. & Repair 7,850 2935 Office Services-Copier & Supplies 10,000 2940 Metered Mail 27,600 8:35 P.M. Assessors' Department 2950 Personal Services 62,854 3000 Expenses 10,000 f ti 8:35 P.M. Health Department c" 3250 Personal Services 50,810 3300 Expenses 7,600 3450 Rabies Clinic 2,750 8:35 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 19,373 3550 Expenses 6,000 8:36 P.M. Police Department 3760 Police Department Management and Staff-Personal Services 381,908 (Of which $16,000 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit- Personal Services 1,071,816 To which the sum of $55,628 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 8:36 P.M. 3800 Expenses 202,900 To which the sum of $50,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 8:37 P.M. 3900 Parking Meter Maintenance 2,500 (Of which $2,500 is to be transferred from the Parking Meter Fund) 8:37 P.M. Fire Department 4110 Fire Department Management and Staff-Personal Services 102,891 4120 Fire Department Collective Bargaining Unit-Personal Services 1,268,595 4150 Expenses 107,000 8:37 P.M. Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 8:37 P.M. (Annual Town Meeting - April 5, 1982. ) 85 Article 4. Inspection Department (cont. ) #4450 Personal Services 92,751 4500 Expenses 3,085 8:38 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,261,508 (Of which $30,000 is to be transferred from the Westview Perpetual Care Fund and $11,000 from Westview Sale of Lots Fund) 4950 Public Works Management and Staff Personal Services 363,056 5000 Expenses 12,320 8:39 P.M. Engineering Department 5100 Personal Services 210,699 5150 Expenses 6,300 8:39 P.M. Town Buildings Maintenance 5200 Personal Services 73,770 5250 Expenses 269,700 8:39 P.M. Highway and Traffic Division 5400 Expenses 212,650 (Divided (Of which $20,000 is to be transferred from the from Art. Parking Meter Fund. ) fl 4. See 8:39 P.M. Pgs. 86, 89 & 145, 146.) Road Machinery 5450 Expenses 219,475 8:39 P.M. Snow Removal 5500 Expenses (See below and next page) 128,325 8:40 P.M. Ephraim Weiss raised concern over the snow removal budget. He stated that after driveways are cleared, the plows invariably return to widen the street, which he felt was not necessary, and the driveways are filled in. He suggested that front end loaders open up the end of each driveway. Mr. Busa responded that it was necessary to widen the streets to open up the drains to prevent flooding and that with over 9,000 dwellings in Lexington, the use of front end loaders to open up each driveway would add approxi- mately $62,000. to the snow removal budget. 8:45 P.M. Ephraim Weiss moved that Item 5500 be increased by $60,000. 8:50 P.M. Mr. Weiss explained that his amendment would cost each family approximately $10. per year to have the end of their driveway opened up. Mr. Busa stated that the Board of Selectmen unanimously opposed this amendment. 8:53 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 8:55 P.M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 8:55 P.M. (See next page for Snow Removal budget as adopted) (Annual Town Meeting - April 5, 1982.) Article 4. Snow Removal (See preceding page) (Cont.) #5500 Expenses $ 128,325 (As adopted) (Of which $16,500 is to be transferred from the Parking Meter Fund) 8:55 P.M. Street Lights 5600 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 8:55 P.M. In response to a concern about energy costs raised by Fred D. Rosenberg, Alfred S. Busa answered that the Selectmen and the D.P.W. have been looking into ways to reduce costs. They have been denying requests for street lights and have a backlog of requests. To Mr. Rosenberg's suggestion that the street lights be turned off at midnight or some such time, Mr. Busa stated that there would not be any savings as the majority of the lights are on a censor. In the past when the lights did not remain on all night, they were on a timer which was located in the D.P.W. building and could be adjusted manually. 8:58 P.M. In answer to a question raised by Sam V. Nablo, Mr. Busa explained that the town is charged by the light or poll and are charged whether the light is on or off. 9 P.M. Arthur C. Smith questioned the Appropriation Committee in regards to Line Item #5400. William J. Dailey, Jr. , Chairman of the Appropria- tion Committee answered that he intended to serve notice of reconsideration of this line item when Article 4 is completed. 9:01 P.M. The Moderator called a brief recess at 9:02 P.M. and reconvened the meeting at 9:05 P.M. William J. Dailey, Jr. moved that Line Item #5400 be divided from Article 4 and stand on it's own. (See Pages 85, 89, Adopted unanimously. 9:06 P.M. 145 & 146. ) Article 4. Sewer & Water Maintenance (Cont. ) #5700 Expenses 193,271 9:06 P.M. Refuse Collection 5800 Contract 9:06 P.M. 550,000 Sanitary Landfill 5850 Expenses 3,000 9:06 P.M. (Annual Town Meeting - April 5, 1982.) 817 Article 4. Park/Shade Tree Division (Cont.) #6000 Expenses (See below for amended motion) $ 113,170 9:06 P.M. In response to a question by Manfred P. Friedman, the Town Manager stated that included in the $113,170 figure is the amount of $1,350 for insect control. There is no money for mosquito control. 9:08 P.M. Manfred P. Friedman moved that Line Item 6000 - $113,170 be .--, stricken and the figure $111,820 be substituted therefor, and that Line Item 6050 - Insect Suppression be added with the amount $1,350. - Amendment adopted by voice vote. 9:13 P.M. Line Items #6000 and 6050 now read: Park/Shade Tree Division 6000 Expenses 111,820 9:15 P.M. 6050 Insect Suppression 1,350 9:15 P.M. Cemeteries 6400 Expenses 15,700 9:15 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 8,014 7150 Administration 150 7200 Aid & Expenses 20,000 7250 Grave Registration Expenses 400 7300 Burial Expenses 250 9:16 P.M. Council on Aging 7340 Personal Services 16,220 To which the sum of $16,220 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 7360 Expenses 27,664 To which the sum of $27,664 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 9:17 P.M. Other Human Services 7410 Mystic Valley Mental Health 10,000 7420 Public Health Nursing 7,080 7430 Community Services 40,488 To which the sum of $40,488 in available and anticipated P.L. 96-604 (General Revenue Sharing - Funds) is to be applied. 9:18 P.M. V i (Annual Town Meeting - April 5, 1982. ) Article 4. Cary Memorial Library (Cont. ) #7500 Personal Services $ 473,624 7550 Expenses 167,890 (Of which $4,569.97 is to be transferred from the County Dog License Fees. $14,739.50 in State Aid to Public Libraries is also available for use by the Trustees of the Library.) 9:20 P.M. Board of Retirement 7800 Contributory Pension Fund 1,074,163 (Of which $74,163 is to be transferred from the Reserve Fund-Overlay Surplus Account. ) 7810 Pension Funding 300,000 Arthur C. Smith questioned the amount of this appropriation. The (See Pages Town Manager explained that this is the beginning of a long term 114 & 115 commitment. The Chairman of the Appropriation stated that his for motion committee had met with the Chairman of the Retirement Board and as adopted) agreement had been reached on this figure. He added that $120,000 had been earned in interest on the amounts previously appropriated. 9:25 P.M. Arthur C. Smith moved that Line Item 7810 be divided from Article 4 and stand on its own. 9:27 P.M. After much discussion, both pro and con, Mr. Smith's motion was declared lost by voice vote. This vote was doubted so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 James S. Wilson 13 2 6 Lynda A. Wik 12 3 7 Suanne C. Dillman 9 4 1 Peter C. J. Kelley 14 5 6 James L. Silva 15 6 12 Edith Sandy 7 7 8 Winifred L. L. Friedman 10 8 2 Suzanne S. Frank 14 9 6 John C. Eddison 12 At Large 1 John R. Campbell 21 Totals 51 127 Mr. Smith's motion to amend declared lost. 9:43 P.M. Board of Retirement (Cont.) 7825 Non-Contributory Pension Fund 190,000 7850 Expenses 5,850 9:43 P.M. Public Schools 7920 Public School-Education 17,617,012 (Of which $11,950.00 is for out of state travel. ) To which the sum of $216,312 in available and anticipated 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 $17,380,700 is to be raised in the tax levy. 9:45 P.M. 8100 Regional Vocational Technical High School Assessment 321,691 9:45 P.M. 8500 Interest on Debt 154,925 9:45 P.M. (Annual Town Meeting - April 5, 1982. ) 89 Article 4. Responding to Margaret F. Rawl's question, Mr. Hutchinson, Town (Cont.) Manager, explained that the town should receive whatever money is expected from General Revenue Sharing Funds but that Revenue Sharing will probably be through by 1983. Comptroller Richard M. Perry stated that the town receives approximately$110,000. per quarter from Revenue Sharing. There is a $550,000 balance left from last year which is available for the next fiscal year. 9:50 P.M. #8525 Tax and Bond Anticipation Loans 67,000 8550 Maturing Debt 1,050,000 --� 9:50 P.M. (Comptroller Richard M. Perry gave written notice that he would abstain from voting on Article 4. Moderator Lincoln P. Cole, Jr. and Town Clerk Mary R. McDonough also abstained from voting.) Main motion, as offered by Alfred S. Busa, under Article 4, with the exception of Line Item #5400, was declared adopted unanimously. 9:50 P.M. William J. Dailey, Jr. moved to table Line Item #5400 under Article 4. (See Pgs. 85 & 86, 9:50 P.M. 145 & 146. ) Arthur C. Smith served notice of reconsideration of Line Item #7810 under Article 4. 9:50 P.M. (See Pages 114 & 115) Article 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS Presented by James F. Crain. MOTION: That $350,000 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 & Overtime 1075 Clerical Pool 1130 Director of Guides 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer/Collector 2800 Comptroller 2950 Assessor 3250 Health 3500 Animal Control 3760 Police Management and Staff 90 (Annual Town Meeting - April 5, 1982. ) Article 5. ACCT. # DEPARTMENT (Cont. ) 3770 Patrolmen and Sergeants - P.S. (Abstained 4110 Fire Management and Staff from voting: 4120 Fire Coll. Bargaining Group - P.S. Richard M. 4450 Inspection Perry, 4900 D.P.W. Collective Bargaining Group - Lincoln P. Personal Services Cole, Jr. & 4950 D.P.W. Management and Staff Mary R. 5100 Engineering McDonough) 5200 Town Building Maintenance 7100 Veterans' Services 7340 Council on Aging 7500 Library 7825 Non-Contributory Pensions Adopted unanimously. 9:53 P.M. James M. McLaughlin served notice of reconsideration of Line Item #1775 under Article 4. 9:53 P.M. Article 6. PRIOR YEARS' UNPAID BILLS Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:53 P.M. Article 7. SUPPLEMENTAL APPROPRIATIONS ,__,, FOR AUTHORIZED PUBLIC WORKS PROJECTS Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:54 P.M. Article 8. RESERVE FUND Presented by James F. Crain. MOTION: That the sum of $175,000 be appropriated for the Reserve Fund and to raise such amount $175,000 be transferred from the Reserve Fund-Overlay Surplus. Adopted unanimously. 9:55 P.M. Article 9. TAX ANTICIPATION BORROWING Presented by Stephen Michael Politi. MOTION: That the Town Treasurer, with the approval of the Selectmen, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1982 and to issue a note or notes therefor, payable within one year, under G.L. c. 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. c. 44, sec. 17. 9:55 P.M. Mr. Politi explained that this is an annual motion but that it has not been necessary for the town to borrow in anticipation of revenue for a few years. He added that a letter had gone out to certain corporate taxpayers from the Town Manager and Town Treasurer back in October 1981 suggesting that early payment of the first half of the tax bill (which had not been sent out) would greatly assist the town. (Annual Town Meeting - April 5, 1982.) g t Article 9. Mr. Politi read the list of the twenty-one taxpayers who had (Cont. ) responded by prepaying $1,560,518 as follows: Boston Gas Company $ 51,129 Connecticut General Life Insurance Co. 68,452 Data Resources 31,687 Raytheon (Lex. Electronics Realty Trust) 265,921 Emerson Gardens 56,393 Ginn and Company 186,134 Honeywell 142,899 Ledgemont Associates (formerly Ledgemont Lab.) 206,622 Liberty Mutual 21,735 Tropeano and Nylander 44,008 Tektronix, Inc. 20,234 Varian Associates 51,126 W. R. Grace Co. 166,570 Zee Bee Trust (Zuckerman) 22,889 Equitable Life Assurance Co. 27,800 Lex. Development Co. Trust (Spaulding and Sly) 40,900 MBZ Trust (Hewlett-Packard) 41,050 Wellford Associates (Honeywell) 61,686 Battle Green Apartments 20,865 Lexington Gardens 6,918 Minuteman Associates (Nishan Haroian) 25,500 Total $ 1,560,518 Motion, as offered by Mr. Politi, adopted unanimously. 9:58 P.M. Article 10. SELECTMEN'S APPRAISALS AND OPTIONS Presented by Stephen Michael Politi. MOTION: That the Selectmen be and they hereby are authorized to obtain appraisals and options on land and rights therein that they desire to recommend be acquired by the Town for municipal purposes; and to appropriate the sum of $1000 for such appraisals and options, and to raise such amount $1000 be transferred from the appropriation voted under Article 14 of the Warrant for the 1974 Annual Town Meeting. Adopted unanimously. 10:01 P.M. Article 11. INSTALL WATER MAINS 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; to appropriate the sum of $67,000 for such installation and land acquisition; 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 such projects. 10:02 P.M. According to Mr. Busa, the streets involved are: [I- Stratham Road - Worthen Road to Woodbury Road Grant Place Estabrook Road - Stimson Avenue to end Hazel Road Adopted unanimously. 10:04 P.M. (1 al�6r. (Annual Town Meeting - April 5, 1982.) Article 12. WATER DISTRIBUTION SYSTEMS STUDY Presented by Alfred S. Busa. MOTION: That the sum of $75,000 be appropriated for engineering services for a water system distribution study, that such amount be transferred from the Reserve Fund-Overlay Surplus, 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. 10:05 P.M. D.P.W. Director, Walter Tonaszuck showed slides of various water pipes demonstrating the corrosion. 10:10 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, stated that his committee recommended unfavorable action as they felt the study could and should be made by town personnel. 10:14 P.M. Various speakers, both for and against, voiced their opinions including recently retired Selectman Mary W. Miley who urged passage of this motion. 10:30 P.M. Mr. Dailey further explained that the Appropriation Committee is not suggesting this project should be put off indefinitely but it should be in-house work. 10:31 P.M. Motion, as presented by Mr. Busa, declared lost by voice vote. 10:34 P.M. Article 13. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS 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 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 $100,000 for such installation and land acquisition, and that such amount be raised in the tax levy. 10:35 P.M. Mr. Busa explained that the streets involved are: Wachusett Drive Harbell Street to Constitution Road Briggs Road Motion, as offered by Mr. Busa, adopted unanimously. 10:36 P.M. Article 14. BROOK CLEANING Presented by Alfred S. Busa. MOTION: That the sum of $10,000 be appropriated for cleaning and maintaining streams and brooks in the Town, and that such amount be raised in the tax levy. Adopted unanimously. 10:38 P.M. Article 15. AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS (See Alfred S. Busa moved that this article be indefinitely postponed and Pages immediately withdrew his motion. As there were no objections from 94, 95, the floor, the Moderator declared that the motion was withdrawn. 113, 114, 10:39 P.M. 139, 141-145) (Annual Town Meeting - April 5, 1982.) 93 Alfred S. Busa moved that this meeting be adjourned to Monday, April 12, 1982 at 8 P.M. in Cary Memorial Hall. 10:40 P.M. Mr. Busa then made the suggestion that future sessions of this meeting be held on Monday, Wednesday and Thursday with no sessions during school vacation. 10:40 P.M. The Moderator asked for a sense of the meeting in regards to holding sessions on Thursday evenings and by an overwhelming majority of a show of hands, the members do not wish to meet on Thursdays. 10:40 P.M. Mr. Busa's motion to adjourn this meeting to Monday, April 12, 1982 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:40 P.M. A true copy. Attest: 14I ?X c4r1,1444 rc Mary R. McDonough, Town Clerk William E. Bicknell, 50 Oak Street, Precinct Two, resigned as a Town Meeting Member from Precinct Two on April 12, 1982. r 94 ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING HELD APRIL 12, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P.M. in Cary Memorial Hall and was immediately recessed subject to the call of the chair. The meeting was reconvened by the Moderator at 8:12 P.M. There were 184 Town Meeting Members present. The invocation was offered by Reverend Harvey Meppelink, Pastor of the Assemblies of God Christian Center. 8:13 P.M. The Moderator read the following memo from the Chairman of the School Committee, James C. Beck: The School Committee has voted to consider Dr. Geoff Pierson as an active candidate for Superintendent. There will be a meeting 7:30 A.M. Wednesday in the Selectmen's Meeting Room to meet Dr. Pierson. All citizens of Lexington are invited. 8:15 P.M. Article 15. AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS Presented by Alfred S. Busa. (See MOTION: That the Treasurer with the approval of the Selectmen be Pages authorized to issue Highway Reimbursement Notes of the Town in the 113,114, amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici- 139, pation of reimbursement by the Commonwealth for highway reconstruction 141-145) and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 351 and 732 of the Acts of 1981 and Chapter 570 of the Acts of 1980 and that 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 obligation;: and that the ,Select- men are authorized to accept highway funds from all sources. 8:17 P.M. a Mr. Busa gave an explanation of his motion and showed slides listing the streets to be resurfaced. In response to questions raised by Marian C. Reilly, Mr. Busa said that the streets are to be resurfaced to the existing widths and not widened except to straighten out curves. 8:23 P.M. Elaine Dratch asked how much of the money was reimbursable and Mr. Busa said that it was all state money. 8:27 P.M. Martin L. Hagerty moved to amend Article 15 by adding at the end thereto the following phrase "provided that no monies shall be spent for the design, development or construction of any part of Bedford St. 8:29 P.M. Mr. Hagerty, as a resident of Bedford Street, spoke on his amendment and against the reconstruction of Bedford Street. 8:35 P.M. Mr. Busa said that the plan for Bedford Street had been on the burner since 1973 and that a plan had been presented to town meeting in 1974 and was rejected. The Board of Selectmen do not plan to do anything until they go back to the residents of the area. 8:37 P.M. Ephraim Weiss would like to have the motion divided and have Martin Hagerty withdraw his motion to amend. 8:40 P.M. The Moderator called a short recess subject to the call of the chair at 8:40 P.M. The meeting was reconvened by the Moderator at 8:41 P.M. The Moderator stated that the wording of the article does not lend itself to division and the only way that it could be divided is through an amendment similar to Mr. Hagerty's. 8:42 P.M. Voice vote on Mr. Hagerty's motion to amend is doubted by the Moderator, so a standing vote is taken as follows: (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) 95 Article 15. Standing vote on Mr. Hagerty's motion to amend: (Cont.) (Cont. ) Precinct In Favor Tellers Opposed 1 9 Judith L. Zabin 4 2 1 Lynda A. Wik 16 3 10 Suanne C. Dillman 7 4 12 Peter C. J. Kelley 2 5 18 James L. Silva 2 6 17 Edith Sandy 2 7 13 Winifred L. L. Friedman 4 r- - 8 4 Suzanne S. Frank 10 9 13 John C. Eddison 4 At large 5 John R. Campbell 14 Total 102 65 Mr. Hagerty's motion to amend declared adopted. 8:51 P.M. Main Main motion as presented by Mr. Busa and amended by Mr. Hagerty motion now reads: as amended. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town in the amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici- pation of reimbursement by the Commonwealth for highway reconstruction (See and improvements under the authority of Chapter 90 of the General Laws Pages as funded by Chapter 351 and 732 of the Acts of 1981 and Chapter 570 113, of the Acts of 1980 and that notes issued for a shorter period than 114, 139, two years may be refunded by the issue of new notes maturing within 141 - two years from the date of the original obligation; and that the 145 Selectmen are authorized to accept highway funds from all sources, provided that no monies shall be spent for the design, development or construction of any part of Bedford St. Weiss Ephraim/moved to postpone action on this article until Monday, April 26, 1982. 8:52 P.M. The Moderator explained, that if Mr. Weiss's motion was adopted and postponement prevailed, the article in total, that is, main motion as amended, would be alive and time would stand still. 8:56 P.M. Mr. Busa supported the motion to postpone. 9:02 P.M. Mr. Weiss's motion to postpone action on Article 15 as amended until April 26, 1982 was declared adopted by voice vote. 9:02 P.M. William T. Spencer served notice of reconsideration of Martin L. Hagerty's motion to amend Article 15. 8:55 P.M. Article 16. Presented by Alfred S. Busa. INSTALL CURBING r-- MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:02 P.M. Article 17. Presented by Alfred S. Busa CONSTRUCT SIDEWALKS MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:03 P.M. 9° (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) Article 18. Presented by Alfred S. Busa. PUBLIC WORKS EQUIPMENT MOTION: That the sum of $150,000 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 raised in the tax levy. 9:03 P.M. Mr. Busa listed the pieces of equipment to be replaced. 9:06 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee spoke against the motion and presented the following amendment: Moved that the figure $150,000 be reduced to $132,000. 9:11 P.M. -� William J. Dailey, Jr. , Chairman of the Appropriation Committe, __J stated that his committee supported Mr. Barnert's amendment and Mr. Busa stated that the Board of Selectmen opposed the amendment. 9:15 P.M. Mr. Barnert's motion to amend declared adopted by voice vote. 9:15 P.M. Main motion as amended now reads: (As MOTION: That the sum of $132,000 be appropriated for the purchase adopted) 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. Main motion as amended declared adopted unanimously. 9:15 P.M. Article 19. Presented by Margery M. Battin. PARKING IMPROVEMENTS (See Pg. MOTION: That the sum of $15,000 be appropriated for parking im- 97 for provements in the Town, and to raise such amount $15,000 be transferred motion from the Parking Permit Fund. as adopted) 9:15 P.M. . . Mrs. Battin explained that there would be no tax monies involved. This money would be from the Parking Permit Fund which, according to law, may only be used for parking purposes. She added that there is a need for substantial increases in all day parking. Slides were shown of the parking lot in question - the lot adjacent to the School Administration Building at the corner of Massachusetts and Fletcher Avenues. 9:25 P.M. Guy W. Doran moved to amend Mrs. Battin's motion to add at the end the words, "provided that none of the funds appropriated hereunder shall be expended to expand the school administration parking lot." 9:25 P.M. Edgar R. Stuhr filed the following petition with 195 signatures there- on: The undersigned residents urge the rejection of that part of Article 19 of the Warrant before the 1982 Town Meeting of Lexing- ton which would, if passed, cause further paving of the Green next to the School Administration Building (bordered by Massa- chusetts Avenue, Woburn Street, and Fletcher Avenue) , for auto- mobile parking. We feel that this action would deprive the neighborhood of an attractive and well-used open space. This Green is also visually significant to residents as well as visitors entering the Town Center from the South on Massachusetts Avenue. We would propose: 1. To save the School Administration Building Green for use as an unstructured playfield; and 2. To maintain the visual integrity of our Town Center for those who enter from the South along Massachu- setts Avenue. 9:28 P.M. Martha Ullberg and John Ullberg of 10 Cottage Street spoke from the balcony in opposition to the use of the School Administration Lot for parking. 9:35 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982. ) 97 Article 19. Jacquelyn R. Smith spoke for the majority of the Planning Board (Cont.) supporting the main motion as a good use for the site. 9:35 P.M. William J. Dailey, Jr. spoke for the Appropriation Committee in support of Mr. Doran's motion to amend. 9:40 P.M. John F. Downey, Jr. asked for the report of the Conservation Commission on this article to be given under Article 2. 9:40 P.M. Article 2. Angela E. Frick informed the meeting that the Conservation Commiss- ion is opposed to any further pavement in this area (School Admini- stration Building Lot) . She added that the commission had written to the Board of Selectmen in regards to this matter but had not received an answer. 9:42 P.M. Article 19. Motion to amend, as offered by Guy W. Doran, was declared adopted (Cont.) by voice vote. 9:42 P.M. William J. Dailey, Jr. moved to amend the motion under Article 19 by deleting the amount of $15,000 and substituting the figure of $11,000. 9:42 P.M. Mrs. Battin stated that if the $4,000 was left in the appropriation that it would be used to drain and pave the parking area on Meriam Street where needed. Also, a small amount would be used on the other parking lots. Mrs. Battin said that she opposed the amendment as offered by Mr. Dailey, Chairman of the Appropriation Committee. 9:45 P.M. Richard A. Michelson voiced his disagreement with Mr. Dailey's r-- amendment. 9:47 P.M. Mrs. Battin said that there would be no reconstruction or extension of the Meriam Street lot, it is to improve the parking lot only. 9:52 P.M. Mr. Dailey's motion to amend was declared lost by voice vote. 9:52 P.M. Main motion as amended now reads: (As MOTION: That the sum of $15,000 be appropriated for parking adopted) improvements in the Town, and to raise such amount $15,000 be transferred from the Parking Permit Fund provided that none of the funds appropriated hereunder shall be expended to expand the school administration parking lot. Main motion as amended declared adopted unanimously. 9:53 P.M. Article 20. STREET ACCEPTANCE AND Presented by Robert F. Sacco. CONSTRUCTION MOTION: (a) To establish as a town way and accept the layout of as a town way Center Street from Reed Street to Avon Street a distance of 370 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated February 19, 1982, and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest in land necessary therefor. (b) To establish as a town way and accept the layout of aS a town way Outlook Drive from Middleby Road a distance of 400 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated February 19, 1982, and to author- ize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; eJ V (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) Article 20. (b) (cont. ) (Cont.) that the sum of $44,500 be appropriated for such land acquisition, construction, alteration and reconstruction of Outlook Drive as is necessary, and that such amount be raised in the tax levy. (c) That the sum of $6,500 be appropriated for survey work on Meadow Brook Avenue and Wellington Lane Avenue, and that such amount be raised in the tax levy. 9:55 P.M. Mr. Sacco explained that under (a) funds requested - zero; (b) funds requested - $44,500. (c) Meadow Brook Avenue and Wellington Lane Avenue have been withdrawn this year. 9:57 P.M. Les Brown, a resident at 65 Outlook Drive, spoke in favor of the motion and showed slides of Outlook Drive at its worst. 10:01 P.M. Nyles Nathan Barnert voiced the support of the Capital Expenditures Committee on this article. 10:01 P.M. unanimously Motion as presented by Mr. Sacco declared adopted/by voice vote. 10:01 P.M. Arthur C. Smith served notice of reconsideration of Article 19. 10:D2. -.P.M. Article 21. STREET CONSTRUCTION Presented by Robert F. Sacco. AND LANDTAKING MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:02 P.M. Article 22. Presented by Margery M. Battin. MICROFILM PROGRAM (As MOTION: That the sum of $14,000 be appropriated for a microfilm adopted) program in the Inspection Department, and that such amount be raised in the tax levy. 10:02 P.M. In explaining the project, Mrs. Battin said that this is just the start of a new program and the total cost of the program would be approximately $30,000. She justified the expenditure in terms of space saving and security. 10:03 P.M. William J. Dailey, Jr. stated that the Appropriation Committee opposed this motion as they felt that the equipment should not be purchased as it could not be used by all departments and therefore they suggested unfavorable action. 10:06 P.M. Mrs. Battin answered by saying that the reader/printer could be -. used by almost every department with the exception of the Engineering Department. 10:07 P.M. In answer to a question raised by Laura F. Nichols, the Town Clerk stated that although she had not seen the reader/printer, she assumed that it could be used in regards to the microfilm records in the office of the Town Clerk. 10:10 P.M. A voice vote was taken on the main motion which was doubted by the Moderator, so a standing vote was taken as follows: (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982. ) 99 Article 22. Precinct In Favor Tellers Opposed (Cont.) 1 3 Judith L. Zabin 13 2 13 Lynda A. Wik 6 3 8 Suanne C. Dillman 7 4 11 Peter C. J. Kelley 1 5 7 James L. Silva 11 6 7 Edith Sandy 9 7 13 Winifred L. L. Friedman 4 8 5 Suzanne S. Frank 10 9 9 John C. Eddison 4 At large 13 John R. Campbell 6 Totals 89 72 Main motion offered under Article 22 declared adopted. 10:13 P.M. Article 23. Presented by Alfred S. Busa. TELEPHONE CONVERSION MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:14 P.M. Article 24. ENERGY CONSERVATION COMMITTEE (See Alfred S. Busa moved to postpone this article to Wednesday, Pages April 14. 104 & 146) Adopted unanimously. 10:15 P.M. Article 25. AIR MASKS/COMPRESSOR Presented by Stephen Michael Politi. MOTION: That the sum of $38,000 be appropriated for the purchase of air masks and a compressor for the Fire Department, and that such amount be raised in the tax levy. 10:15 P.M. Mr. Politi said that there were three components in this article, listing them as follows: (1) purchase of twenty-four air masks - $19,500. (2) purchase of fifty spare tanks - $2,500. (3) purchase of air compressor - $16,000. He added that each of the above amounts have been reduced by the amount of the trade-in price. The new masks weigh 23 lbs. compared to the 33 lbs. of the old ones. There was a question of leasing or purchasing but purchasing seemed the best way to go. Motion offered under Article 25 declared adopted unanimously. 10:25 P.M. William J. Dailey, Jr. served notice of reconsideration of Article 22. 10:25 P.M. Article 26. LEXPRESS ti MINI-BUS TRANSPORTATION SYSTEM (See Pages James F. Crain moved postponement of Article 26. 147- 149) Adopted unanimously. 10:27 P.M. 14)4) (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) Article 27. CMARC Presented by Alfred S. Busa. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Board of Health under G.L.c. 40s.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 program or purpose designated by the Board of Selectmen, and that such amount be raised in the tax levy. Adopted unanimously. 10:29 P.M. Article 28. LEXINGTON HOUSING AUTHORITY- REIMBURSEMENT FOR ATTORNEY'S FEES (See Page Joseph O. Rooney moved that this article be tabled. 145. ) Adopted unanimously. 10:29 P.M. Article 2. David G. Williams, Chairman of the Conservation Commission, read the following report of the commission: The Town Meeting is aware that last year, due to the uncertainty of the impact of Proposition 2 1/2, as well as our inability to complete negotiations with serveral landowners, we did not submit any articles for land purchase. We received much adverse comment about this action. A number of citizens, including many Town Meeting Members, let us know that they did not agree with our decision. We still feel it was a correct decision. This year, we have submitted two articles for the purchase of land. At this time we have a negotiated agreement with the owner of the land covered by Article 31. We are still negotiating with the owner of the land under Article 30. I will table Article 30 until later in the town meeting when I hope to have a negotiated agreement. Although they are not large, both parcels are significant acquisitions. Both have appeared on all of the commission's master plans. You will hear specifics about each article, shortly. I can assure you that we feel strongly that both parcels should be acquired. It appears favorable, at this time, that we will receive state re- imbursement through the self-help program for these purchases. The acquisition of these two parcels will, in all probability, exhaust the $75,000 remaining in the 2 million bond issue, authorized in 1975. Since the passage of that bond, over 600 acres of land have been voted by the town meeting and acquired with the help and ex- pertise of our staff, the Selectmen, Town Manager and Town Counsel. State reimbursement under the bond issue has totaled $850,000. Since the commission acquired its first property at Whipple Hill in 1963, 35 areas have been brought under conservation jurisdiction, and protection. These total 938 acres, about .9% of the total town acreage. The Conservation Commission also holds 26 easements or restrictions, which protect an additional 49 acres. Many of these were gifts and remain a source of pride for both the donor and the recipient. For the future there remain about 300 acres of land that should be acquired which would connect previously purchased property, protect important wetlands and areas on scenic beauty and places of natural value. All of these are used for non-structured, passive recreation. These parcels range in size from less than two acres to much of the extensive wetlands of the Munroe Meadows, between Maple and Woburn Streets, owned by the Green and White Realty Trust, and the over 100 acres presently owned by the Pine Meadow Golf Club at the end of Cedar Street. (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) 1 0 Article 2. (Conservation Commission Report - Cont.) (Cont. ) We have discussed with the Capital Expenditures and Appropriations Committees and need for another bond to support these acquisitions. We will continue to work toward these goals, as we seek solutions to negotiate purchase of these important, remaining, natural resources of this town. We thank each of you for your continued support, encouragement and help. David G. Williams /Signed/ Chairman Lexington Conservation Commission April 12, 1982. 10:33 P.M. Mr. Williams moved that the report of the Conservation Commission be accepted and placed on file. Adopted unanimously. 10:34 P.M. Article 29. CONSERVATION FUND Presented by Paul V. Rif fin. MOTION: That the sum of $5,170.40 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 to raise such amount $5,170.40 be transferred from the appropriation voted under Article 61 of the Warrant for the 1972 Annual Town Meeting. Adopted unanimously. 10:36 P.M. Article 30. CONSERVATION LAND PURCHASE OFF MAPLE STREET (See Page David G. Williams moved to table Article 30. 170) Adopted unanimously. 10:37 P.M. Article 31. CONSERVATION LAND PURCHASE OFF GROVE STREET Presented by John C. Eddison. (As MOTION: That the Conservation Commission be authorized to pur- adopted) 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, 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 108C on Assessors' Property Map 83 and described in deed recorded in Middlesex South Registry of Deeds, Book 11751, page 461, now or formerly of Great Fields Realty Trust that the sum of $19,500.00 be appropriated for such land acquisition, and that to raise such amount $10,000.00 be transferred from the appropriation voted under Article 38 of the Warrant for the 1980 Annual Town Meeting and that $9,500.00 be raised in the tax levy. 10:38 P.M. Mr. Eddison explained that the parcel is on the north side of Route 128 and the assessment for the land is $15,400. 10:40 P.M. Support for the motion was voiced by William J. Dailey, Jr. for the Appropriation Committee; Margery M. Battin for the Board of Select- men; and Nyles Nathan Barnert for the Capital Expenditures Committee. 10:43 P.M. 101? (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982. ) Article 31. In answer to a question raised by Jacquelyn H. Ward, Mr. Eddison (Cont. ) said that there was access along Grove Street without this land. 10:44 P.M. Ephraim Weiss stated that he felt this was a waste of taxpayers money and that the land was overpriced. 10:44 P.M. Voice vote on Mr. Eddison's main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 12 Sheila Busa-Tassone 5 2 15 Lynda A. Wik 3 3 12 Suanne C. Dillman 5 4 15 Peter C. J. Kelley 0 5 17 James L. Silva 1 6 19 Edith Sandy 0 7 10 Winifred L. L. Friedman 7 8 15 Suzanne S. Frank 2 9 12 James J. Findley 3 At large 21 John R. Campbell 0 Totals 148 26 More than the required two-thirds having voted in the affirmative, the motion was declared adopted. 10:47 P.M. Article 32. TRANSFER OF LAND OWNED BY THE TOWN OR OWNERS UNKNOWN TO CONSERVATION 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, 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 83 on Assessors' Property Map 30 and unnumbered lot adjacent to Lot 14 on Assessors' Property Map 59. 10:50 P.M. Mrs. Frick explained that one parcel is west of Route 128 with access on Amherst. The other piece is adjacent to Arlington Great Meadow. Adopted unanimously. 10:51 P.M. Article 33. ACQUISITION OF CONSERVATION LAND BY LAND SWAP Presented by Angela E. Frick. (As MOTION: (a) That the Conservation Commission be authorized to pur- adopted) chase 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 Lots 223 and 225 on Assessors' Property Map 72. (b) That the Selectmen be and they are hereby authorized to convey Lot 213 on Assessors Property Map 72 to Joseph J. Murphy and Marjorie P. Murphy in exchange for the acquisition of said Lots 223 and 225, and to petition the General Court for an act to permit such conveyance. 10:52 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) 103 Article 33. Mrs. Frick explained that the Murphy's lived at 70 Ward Street. (Cont.) 10:55 P.M. Main motion as presented by Mrs. Frick declared adopted unanimously. 10:55 P.M. Alfred S. Busa moved that this meeting be adjourned to Wednesday, April 14, 1982 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:55 P.M. { A true copy. Attest: *4, 47 t-4, Mary R. McDonough, Town Clerk Eric T. Clarke, 29 Moon Hill Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Two at the Annual Town Election held March 1, 1982. As of April 14, 1982 Mr. Clarke accepted the position of Town Meeting Member from Precinct Two to fill the vacancy caused by the resignation of William E. Bicknell, 50 Oak Street on April 12, 1982. This term will expire in March 1983 at the next Annual Town Election. 4 ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING APRIL 14, 1982 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:01 P.M. and was immediately recessed subject to the call of the chair. The meeting was reconvened at 8:11 P.M. There were 179 Town Meeting Members present. Invocation offered by Reverend Bernard M. Hoy, Curate from the Sacred Heart Church. 8:13 P.M. Alfred S. Busa moved that Article 24 be taken up at this time. 8:13 P.M. r--j Adopted unanimously. ENERGY CONSERVATION Article 24. Alfred S. Busa moved to table Article 24. COMMITTEE Adopted unanimously. 8:14 P.M. (See Pages 99 & 146.) Article 2. Joseph O. Rooney, Chairman of the Housing Authority, reported that although there was the unfortunate fire this evening at the site of construction of the new elderly housing at the corner of Woburn and Lowell Streets, the town has no liability in the one building which they lost. 8:15 P.M. Sam V. Nablo asked when Article 24 would be taken up. William J. Dailey, Jr. , Chairman of the Appropriation Committee, answered that his committee had met tonight and tried to study the $20,000 requested under Article 24. They felt that more time was needed to further study this request and therefore asked that the article be tabled. 8:17 P.M. Article 2. William J. Dailey, Jr. moved that the report of the Cary Lecture Coumtittee be accepted and placed on file. 8:17 P.M. Lionel Arlan, Chairman of the Cary Lecture, spoke of the upcoming performance on May 1, 1982 - the Dance Collective, a Lexington based modern dance company - and urged everyone to attend. 8:18 P.M. Mr. Dailey's motion to accept the report of the Cary Lecture Committee and place it on file was adopted unanimously. 8:18 P.M. Alfred S. Busa said that the Muzzey School Conversion Committee would meet tomorrow night (April 15, 1982) and would have a neighborhood meeting on Wednesday, April 21, 1982 at 8 P.W. 8:19 P.M. Article 34. REPLACEMENT OF BACKSTOP Presented by Carolyn C. Wilson. MOTION: That the sum of $3,500 be appropriated for the purchase of a backstop at the Center Playground, including site work in connect- ion therewith, as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. Adopted unanimously. 8:21 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 14, 1982.) 05 Article 35. PURCHASE AND CONSTRUCTION OF ALL WEATHER TRACK Presented by Carolyn C. Wilson. (As MOTION: That the sum of $70,000 be appropriated for the purchase adopted) and construction of an all weather track at the Center Playground as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 8:21 P.M. Mrs. Wilson asked that F. David Wells, a member of the Recreation •� Committee, and Ralph Lord, Coordinator of the Physical Education for the School Department, be recognized. 8:22 P.M. Mr. Wells and Mr. Lord (Mr. Lord spoke as a private citizen of Lexington and not representing the School Department) both gave the background and the necessity of the all weather track. 8:37 P.M. There was much discussion, both for and against, with some members going into the disadvantages of the present track and others concerned about the expenditure at the expense of other projects that have been voted down. William J. Dailey, Jr. for the Appropriation Committee, James F. Crain for the Board of Selectmen and Nyles Nathan Barnert for the Capital Expenditures Committee all voiced their disapproval of the motion. 8:52 P.M. John F. Downey, Jr. moved to amend the motion by striking the words after Board of Selectmen and adding "and suchfunds should come from the school committee budget passed at this meeting". 8:59 P.M. The Moderator called a recess at 8:59 P.M. and reconvened the meeting at 9:03 P.M. The Moderator declared that the motion to amend as offered by Mr. Downey was beyond the scope of the article. 9:04 P.M. In response to a question raised by J. Keith Butters, Mr. Wells stated that his committee felt that this was an inappropriate facility in which to charge users fees. 9:07 P.M. After general discussion, Charles E. Connolly, Jr. moved the previous question which was declared adopted by voice vote. 9:17 P.M. Main motion was declared adopted 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 1 8 Sheila Busa-Tassone 11 2 10 Lynda A. Wik 9 3 11 Suanne C. Dillman 5 4 12 Peter C. J. Kelley 4 5 12 James L. Silva 7 6 11 Edith Sandy 7 7 10 Winifred L. L. Friedman (1 Abstained)7 8 7 Suzanne S. Frank 7 9 10 John C. Eddison 6 At large 3 John R. Campbell 17 Totals 94 80 Adopted. 9:20 P.M. 106 (Adjourned Session of the 1982 Annual Town Meeting - April 14, 1982. ) Article 36. STUDY MONEY FOR LINCOLN STREET PLAY AREA AND WORTHEN ROAD Presented by Carolyn C. Wilson. (Not MOTION: That the sum of $5,000.00 be appropriated for test borings adopted) and a soil study for the Lincoln Street play area and Worthen Road soccer field as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 9:20 P.M. George A. Burnell served notice of reconsideration of Article 35. 9:21 P.M. Article 36. At the request of Mrs. Wilson, Clifford Prentiss, Director of (Cont. ) Conservation/Recreation, was recognized and showed slides and gave an explanation of the motion. 9:25 P.M. Stephen Michael Politi stated that the Board of Selectmen recommended unfavorable action on this motion. 9:26 P.M. James E. Barry questioned the validity of the test borings and asked if the Town Engineer or any soil engineer at the meeting could answer his question. 9:34 P.M. Selectman Alfred S. Busa stated that the town did not employ a soil engineer. 9:34 P.M. Richard W. Souza, a Town Meeting Member who is also an engineer, stated that he felt that the test borings would be a waste of money. 9:36 P.M. Motion, as presented by Mrs. Wilson, was declared lost by voice vote. �+ 9:37 P.M. Article 2. Georgia S. Glick questioned Alfred S. Busa, Chairman of the Board of Selectmen, regarding his statement in reference to the neighborhood meeting with the Muzzey School Conversion Committee next Wednesday, April 21, 1982. She felt that it was very short notice, was very concerned because it was school vacation week and many residents had made plans to be out of town and also wondered if the individuals involved would be notified and if so, in what form. 9:37 P.M. Mr. Busa answered that the time element was an important factor in setting the date of the meeting and that the Lexington Minute-man had been notified of the date and also that notices would be sent out this Friday. He added that the Planning Board would also be holding a public meeting in the near future. 9:38 P.M. Article 37. UNEMPLOYMENT COMPENSATION FUND Presented by Stephen Michael Politi. MOTION: That the sum of $25,000 be appropriated for the unemploy- ment compensation fund to be used in conjunction with money previously appropriated for this purpose, and that such amount be raised in the tax levy. Adopted unanimously. 9:43 P.M. — • Article 38. TRAFFIC STUDY, LEXINGTON CENTER Presented by Margery M. Battin. (As MOTION: That the sum of $3,000.00 be appropriated for engineering adopted) services for a traffic study of Lexington Center, and that such amount be raised in the tax levy. 9:43 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 14, 1982.) 107 Article 38. Mrs. Battin explained that the last time an analysis of Lexington (Cont.) Center had been made was in 1965. The Center Revitalization Committee has been working on a parking plan and has studied all of the past evaluations. The plan is to hire an experienced traffic engineer for this current study. She stated that there would be an analysis of (1) Intersection capacity; (2) Street direction pattern; (3) Parking lot circulation; (4) Loading zones and (5) Curb parking restrictions. 9:48 P.M. William J. Dailey, Jr. stated that the Appropriation Committee had been opposed to the original amount of $15,000 that had been submitted, to the reduced amount of $5,000 and are still opposed to the present figure of $3,000. 9:50 P.M. Robert I. Rotberg asked how many man hours of consultant services the town would be buying. Mrs. Battin answered that the Director of Department of Public Works said that it would be about fifty hours. 9:51 P.M. Frank Sandy said that the Planning Board unanimously supported this article. 9:56 P.M. Myles Nathan Barnert voiced the unfavorable position on this article by the Capital Expenditures Committee. 10:02 P.M. Main motion, as offered by Mrs. Battin, declared adopted by voice vote. 10:04 P.M. NUCLEAR ATTACK Article 39. Myron L. Miller moved that the following resolution be adopted: NUCLEAR WHEREAS: The safety of residents of Lexington and the security of ATTACK their property are of paramount concern to us in the event of nuclear war: and WHEREAS: Such a war, involving the enormous destructive power of nuclear bombs and the long term effects of radiation damage to all forms of life, could lay waste our town and the Boston metropolitan area within minutes of such an attack: and WHEREAS: The civil defense plan ordered by the state and handed down to town civil defense authorities has been called into question by town officials and experts in the field: now therefore BE IT RESOLVED: That the town direct the Civil Defense Director to hold in abeyance further distribution of this plan: That the town meeting instruct the Town Manager and the Civil Defense Director to jointly appoint, with the approval of the Board of Selectmen, a committee of seven (7) members to be made up of citizens of the town, including indiv- iduals knowledgeable about the effects of nuclear weapons to investigate through research and expert testimony the implications of nuclear attack. The charge to the committee shall be to determine if any civil defense plan for the town is realistic and feasible, and if not, what can be done. The committee shall be appointed by June 30, 1982 and shall report back to the Board of Selectmen by November 30, 1982. Furthermore, when the report is approved, the town will assume responsibility for printing enough copies of the report for every household in Lexing- .-o in a sum not to exceed $300 and will accept financial and other forms of assistance from individuals or groups to print and to distribute the report to every household. 10:07 P.M. At the request of Myron L. Miller, Myron Rosenblum and Stephen W. Miller, a radiologist, were recognized and spoke in support of the resolution. Mr. Rosenblum represented the Lexington Committee for a Nuclear Weapons Freeze. 10:18 P.M. Having met with the above committee, Alfred S. Busa said that the Board of Selectmen supported the resolution and that the money requested would come from the Civil Defense Fund. 10:19 P.M. 114S (Adjourned Session of the 1982 Annual Town Meeting - April 14, 1982.) Article 39. At the request of Myron L. Miller, Dr. Deborah Mayer was recognized (Cont. ) and she discussed the consequences of a nuclear attack. 10:25 P.M. Various members voiced their opinions and Richardson C. Smith gave a lengthy talk in support of the motion. 10:40 P.M. George E. Foote moved the previous question which was declared adopted by voice vote. 10:40 P.M. Main motion to adopt the foregoing resolution was declared adopted by voice vote. 10:40 P.M. Alfred S. Busa moved that this meeting be adjourned to Monday, April 26, 1982 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:41 P.M. A true copy. Attest: —.(g4/AA, /? / Mary R. McDonough, Town Clerk 10! ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING APRIL 26, 1982 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. The meeting was immediately recessed subject to the call of the Chair and was reconvened at 8:05 P.M. There were 186 Town Meeting Members present. Invocation was offered by Reverend Brian S. Dixon, Pastor of the First Baptist Church. 8:06 P.M. Article 2. Frank Sandy moved that the 1982 Annual Report On The Housing Policy Resolution Adopted By The 1979 Annual Town Meeting be accepted and placed on file. Adopted unanimously. 8:08 P.M. Frank Sandy, Chairman of the Planning Board, gave a status report of the 1982 zoning articles. The following articles are ready to be acted upon immediately: Articles 57, 58, 62, 63 and 64. Article 65 motion will be for indefinite postponement at the request of the proponent. The articles that are not ready at this time: Muzzey Junior High articles, Adams School articles and the Spaulding and Slye Article 69. 8:13 P.M. Article 40. SCHOOL ZONE SPEED CHANGE CROSSING GUARD BENEFITS Presented by Elizabeth M. Barabush. (See below for part MOTION: 1. That the posted speed limit in school zones in Lex- one as ington be reduced to no more than 20 miles per hour. adopted) (Part two 2. That School Crossing Guards be extended medical & not retirement benefits such as covered by all other town employees. adopted) 8:14 P.M. Mrs. Barabush gave an explanation for her motion and stated that she wished to have the two sections divided for voting purposes. The Moderator stated that Section 1 and Section 2 would be divided for voting purposes. 8:18 P.M. The Moderator stated that Section 1 is now before the meeting. There was much discussion regarding the installation of a flashing speed limit sign (20 mile limit in school zone) . James F. Corr, Police Chief, said that such a sign could not be posted where there is a crossing guard. It is not possible to have both. 8:33 P.M. Mrs. Barabush wished to amend her motion but, after a short recess - (8:37 P.M. to 8:43 P.M.) the Moderator ruled the motion out of order. Renee T. Cochin moved to substitute the following motion under Article 40, part one: (Part Resolved that this town meeting recommend to the Board of Select- one as men that the Traffic Safety Committee study the speed zones in all adopted) streets passing by schools and that the Board of Selectmen appoint a committee of 5 citizens, including representation from the Crossing 110 (Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) Article 40. Guards and PTA, to work with the Traffic Safety Committee on this (Cont.) matter. 8:45 P.M. Alfred S. Busa stated that the Board of Selectmen favored the substitute motion. 8:45 P.M. Mrs. Cochin's motion to substitute a motion was declared adopted unanimously. 8:46 P.M. Mrs. Cochin's substitute motion, which is now the main motion under Part 1 of Article 40, was declared adopted unanimously. (See motion as adopted on bottom of previous page.) 8:46 P.M. , Part 2 of Article 40 is now before the meeting. (See. Pg. 109. ) At the request of Alfred S. Busa, Chairman of the Board of Selectmen, the Town Manager, Robert M. Hutchinson, Jr. was recognized. 8:47 P.M. Voicing his opposition to Part 2, Mr. Hutchinson stated that it would be fiscally irresponsible to adopt this section. The cost of the medical insurance for these employees alone would be $16,000 and it would not be fair to the other part time employees. 8:47 P.M. Richard M. Perry, speaking as a member of the Board of Retirement, wanted the record to show that the Board of Retirement is opposed to this section of Article 40. 8:50 P.M. Robert Cataldo stated that the Appropriation Committee unanimously opposed this section of Article 40. 8:52 P.M. Martin L. Hagerty moved to amend part two by striking out "medical and retirement" and substituting the word "disability" benefits and striking out all words after benefits. 8:53 P.M. The Moderator ruled that Mr. Hagerty's motion to amend was declared beyond the scope of the article by the Moderator. 8:55 P.M. Part 2 of Article 40 was declared lost by voice vote. 8:55 P.M. Article 2. James F. Crain reported on Article 41 - Use of Funds to Reduce Tax Rate. "We are in the process of reviewing the dynamics of State Aid charges and assessments as well as making appropriate adjustments voted by Town Meeting. We will be recommending that this item be tabled to insure that as much information as possible is available for Town Meeting and insuring that we stay within the levy limit. 8:56 P.M. USE OF FUNDS TO Article 41. James F. Crain moved that this article be tabled. REDUCE TAX RATE Adopted unanimously. 8:57 P.M. (See Pages 175 & 176.) Article 42. APPOINTMENTS TO CARY LECTURE SERIES 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. Adopted unanimously. 8:57 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) f s �y o Article 43. ACCEPT CH. 90, SEC. 20A4 Presented by Stephen Michael Politi. MOTION: That the Town accept Section 20A1 of Chapter 90 of the General Laws. 8:58 P.M. (Chapter 90. Section 20A4 PARKING REGULATIONS; VIOLATIONS IN CERTAIN CITIES AND TOWNS; NON-CRIMINAL DISPOSITION; NOTICE; APPEARANCE; SCHEDULE OF FINES.) Mr. Politi explained that this motion is being presented in order to ratify the approval of this acceptance as voted by the Board of Selectmen at a meeting held December 28, 1981. Mr. Politi's main motion was declared adopted unanimously. 9:01 P.M. Article 44. TERM OF PLANNING BOARD Presented by Alfred S. Busa. MOTION: That the term of office of members of the Planning Board be reduced from five years to three years beginning with the member elected at the annual town election of 1983. 9:02 P.M. Mr. Busa explained that this article was inserted in the warrant by the Board of Selectmen as the citizens wishing to have the article inserted in the warrant missed the filing deadline. 9:05 P.M. Jacquelyn R. Smith, Planning Board Member, stated that a majority of the Planning Board opposed this article and urged defeat. 9:07 P.M. In response to a question by Renee T. Cochin, Selectman James F. Crain said that he had talked with a number of former members of r-- the Planning Board and therefore urged defeat of this motion. 9:12 P.M. Eric T. Clarke, a former ten year member of the Planning Board, spoke in opposition. 9:12 P.M. Main motion, as presented by Mr. Busa, declared lost by voice vote. 9:15 P.M. Article 45. AUTHORIZE SPECIAL LEGISLATION TO ALLOW TAX LEVY TO GO TO 25% Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 9:15 P.M. (Cont. on next page) Article 2. Margery M. Battin read the following report: Under Article 2 the Selectmen wish to report to the Town Meeting their grave concern for Lexington's future under Proposition 2' and invite Town Meeting Members to join with the Selectmen in notifying our senator and representative of our belief that the answer to excessive reliance on the property tax is genuine tax reform with a guaranteed local aid fund equitably distributed so as not to penalize prudent planning and good management at the local level. We are concerned about Proposition 2z because of the eventual curtailment of services and diminution of the quality of life in Lexington. We feel it important to point out to the Town Meeting and towns- people two very important, but often misunderstood facts about Proposition 24. 1 { b 12 (Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) Article 2. 1. Not only are we not currently taxing at 24% of our full (Cont. ) valuation but we are unable to do so because Proposition 24 restricts the annual rate of increase in the tax levy to 24% of the previous year's levy. In Lexington that means although our full valuation is $1,241,952,000 and 24% of that is $31,048,800, our '82 tax levy was $25,840,699, so that our '83 levy limit can only be that plus 24% which is $26,486,716, which is only 2.1% of full valuation. Therefore, Proposition 24 imposes two limits - no community can under any circumstances levy taxes at more than 24% of full valua- tion, however, under that maximum the total tax levy can only grow at a fixed rate of 24% per year, regardless of the rate of increase in the value of property in the town (although new construction is handled outside the levy limit) . To quote the Town Meeting Warrant Info "The effect of the present provision in a period in which Town costs are inflating at a rate much greater than 24%, is to force a net decrease in the real value of appropriations in each succeeding year". Think how can the town absorb a 33% health insurance increase under the 24% levy limit. 2. Secondly, we must depend upon the state for survival through local aid - whose source, size and manner of distribution are subject to political expediency and cannot be correctly anticipated and depended upon from year to year. The time when Lexington can survive by using its tax stabiliza- tion fund (free cash) , deferring maintenance, trimming staff is nearly over. Please join with us in urging tax reform. 9:19 P.M. Article 45. (See Page 111.) (Cont. ) Nyles Nathan Barnert asked why the Selectmen were asking for indefinite postponement of this article. Mrs. Battin answered that this was to get the facts before the meeting. 9:20 P.M. Answering a question raised by Frank Sandy, Mrs. Battin said that new construction is outside the levy limit. 9:23 P.M. Robert Cataldo stated that the Appropriation Committee supported the stand of the Selectmen and favored indefinite postponement. 9:26 P.M. After general discussion, Jonathan P. Doran moved the previous question which was declared carried by voice vote. 9:35 P.M. Motion to indefinitely postpone Article 45 was declared 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 11 Sheila Busa-Tassone 8 2 10 Lynda A. Wik 9 3 5 Suanne C. Dillman 14 4 10 Peter C. J. Kelley 3 5 6 James L. Silva 14 6 6 Edith Sandy 13 7 15 Winifred L. L. Friedman 3 8 10 Suzanne S. Frank 5 9 6 John C. Eddison 12 At Large 13 Stanley E. Toye 4 Totals 92 85 Motion to indefinitely postpone Article 45 declared adopted. 9:37 P.M. Frank Sandy served notice of reconsideration of Article 45. 9:37 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) 1_1 3 Article 2. Margery M. Battin read the following report: Under Article 2 the Selectmen and Planning Board wish to report the successful conclusion of our survey of resident's attitudes toward the Central Business District. Thanks to the civic spirit of citizens and the excellent news- paper coverage the response rate was 30% without any follow-up phone calls. This is almost unheard of in surveying and is a tribute to our caring townspeople. —� This project could not have been done without the pro bono time and expertise given for questionnaire design, printing, addressing, key punching, computerization and analysis given by the Lexington firms of Decision Research, Inc., Thomas K. Dyer, Inc. , The Lexington Press and the Lexington League of Women Voters. We are deeply grateful. The results of the data analysis will be presented to town boards, town meeting members, the Chamber of Commerce and citizens so that community goals and priorities can then be established for the Center. Those of you who have expressed a desire to make your views known may do so by filling out the yellow questionnaires in the back of the hall and returning them at subsequent sessions of Town Meeting. Although they will not be counted as part of our random sample currently undergoing statistical analysis, they will receive careful consideration. Citizens not contacted in the initial survey and wishing to express their viewpoint may obtain copies of the questionnaire at the library. 9:39 P.M. Article 46. Presented by Stephen Michael Politi. ACCEPT CH. 59, SEC. 5, CL. 17C MOTION: That this article be indefinitely postponed. 9:40 P.M. Ephraim Weiss asked why this article was being indefinitely postponed. Mr. Politi answered that the Selectmen believe that hardship cases under revaluation can apply under existing statutory provisions. 9:41 P.M. (CHAPTER 59, SECTION 5 G.L. CERTAIN PROPERTY AND POLLS EXEMPTED. CLAUSE 17C. REAL ESTATE.) After general discussion, Frank Sandy moved that this article be postponed to Monday, May 3, 1982. 9:48 P.M. Motion to postpone Article 46 to Monday, May 3, 1982 was declared adopted by voice vote. 9:48 P.M. (See Pages 113, 135, 156 & 157.) Alfred S. Busa moved that Article 15 be brought before the meeting at this time. Adopted unanimously. 9:48 P.M. (See Pages 94, 95, 114, 139, 141-145) Article 15. Alfred S. Busa stated that a meeting with the neighbors (Bedford Street neighbors) is to be held on Tuesday, April 27, 1982 at 3:30 P.M. and would hope to bring up Article 15 next Monday. 9:52 P.M. Arthur C. Smith moved to postpone action on Article 15 until Monday, May 3, 1982. 9:54 P.M. 114 (Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) Article 15. Concern was raised about the date of postponement and the time (Cont.) factor in getting a report before the Town Meeting Members in time so that it could be studied by them prior to Town Meeting. Alfred S. Busa moved to amend Mr. Smith's motion to postpone by changing the date of postponement from May 3, 1982 to May 5, 1982. Motion to amend Mr. Smith's motion was declared adopted unanimously. 10:05 P.M. Mr. Smith's motion, as amended by Mr. Busa, that Article 15 be postponed to Wednesday, May 5, 1982 was declared adopted. 10:03 P.M. (See Pages 94, 95, 113, 139, 141-145) Article 47. AMERICAN LEGION-ACCEPT GIFT OF TRUST FUND Presented by Alfred S. Busa. MOTION: That the Town accept a gift of money from the Stanley Hill Post, No. 38, Inc. of the American Legion to be held in trust under the jurisdiction of the Trustees of Public Trusts, with the income to be used for the Town's celebration of Patriot's Day, Memorial Day and Veterans' Day. 10:04 P.M. Mr. Busa explained that the gift is in the amount of $2,000. Main motion adopted unanimously. 10:05 P.M. Robert I. Rotberg questioned the Selectmen regarding the recess between dates of town meeting as had been referred to earlier in the evening. Mr. Busa answered that the Selectmen intend to have a long recess at the end of May before bringing up the articles on the Muzzey Junior High and Adams School and the article on free cash. 10:05 P.M. Mr. Rotberg asked when the meeting would convene and was told by Mr. Busa that they hoped to reconvene at the end of May or the first of June. 10:07 P.M. Although there was some confusion regarding the dates, there was no more discussion on this subject. Arthur C. Smith moved reconsideration of Article 4, Line Item 7810. (See Pages Adopted unanimously. 10:10 P.M. 88 & 89. ) Article 4. (See Pages 88 and 89. ) Line Item 7810. Arthur C. Smith moved that Article 4, Line 7810 be amended by adding the following: The Town Meeting requests that the Board of Select- men, in cooperation with the Retirement Board, report to the 1983 Annual Town Meeting the long range plan for funding pension liability, and in particular, present estimated appropriations for the next five years. 10:10 P.M. Selectman James F. Crain stated that the Board of Selectmen is not opposed to this amendment. Mr. Smith's motion to amend was declared adopted unanimously. 10:12 P.M. (See next page) 15Art(Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) 115- Article icle 4. Motion under Article 4 - Line Item, as amended, now reads: (Cont.) Board of Retirement #7810 Pension Funding $ 300,000 (As The Town Meeting requests that the Board of adopted) Selectmen, in cooperation with the Retirement Board, report to the 1983 Annual Town Meeting the long range plan for funding pension liability, and in particular, present estimated appropria- tions for the next five years. Adopted unanimously. 10:12 P.M. Article 48. BY-LAWS REVISIONS Presented by Stephen Michael Politi. (See MOTION: That the General By-Laws of the Town be amended in Pages accordance with the report and recommendations of the By-Law 116- Coumiittee as filed with the Town Clerk, except that Section 2 of 133. Article XIX and Section 25 of Article XXV shall not be amended. 10:13 P.M. Adopted motion - Mr. Politi said that there were two recommendations of the By-Law Pages Committee that have not been approved by the Board of Selectmen. 128- One is the Use of the Battle Green and the other is the Civil 133. ) Defense article. The feeling of the board is that both sections should remain as they now stand. In the case of an emergency, the Town Manager would appoint himself as Civil Defense Director and therefore would be approving actions performed by himself. It was felt that approval should be by the Board of Selectmen. 10:20 P.M. At Mr. Politi's request, Paul Newman, Chairman of the By-Law Committee, was recognized. Mr. Newman stated that the report was given unanimous approval of the By-Law Committee and he started to comment on each section of the report. 10:22 P.M. Arthur C. Smith asked if the motion was subject to division in order that each section could be discussed separately and the Moderator answered in the affirmative. 10:24 P.M. Due to the complexity of the article and the lateness of the hour, J. Keith Butters moved that the meeting be adjourned to Wednesday, April 28, 1982 at 8 P.M. in Cary Memorial Hall. 10:29 P.M. Motion to adjourn to Wednesday, April 28, 1982 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:29 P.M. A true copy. Attest: )116 °A.114411114 Mary R. McDonough, Town Clerk 116 ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING APRIL 28, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 180 Town Meeting Members present. Invocation offered by Reverend Polly Laughland Guild of the Follen Community Unitarian/Universalist Church. 8:08 P.M. The Moderator stated that the meeting is open on Article 48 (See Page 115) . Article 48. (See Page 115 - April 26, 1982 Session) BY-LAWS REVISIONS (Motion as presented at the April, 26, 1982 Session of this meeting: (See MOTION: That the General By-Laws of the Town be amended in accordance Pages with the report and recommendations of the By-Law Committee as filed 128 - with the Town Clerk, except that Section 2 of Article XIX and Section 133 for 25 of Article XXV shall not be amended. ) motion as adopted) Paul Newman, Chairman of the By-Law Committee, thanked Susan Adler, Assistant to the Town Manager, the Town Manager's staff and the department heads for all the assistance that had been given to the committee. Mr. Newman stated that he would now go through the recommendations one by one and bring out the highlights. 8:12 P.M. Ephraim Weiss asked for clarification of the procedure to be followed in acting on the motion (Main Motion) . Norman P. Cohen, Town Counsel, acting as Moderator Pro-tem for the moment, explained that if there were any questions or any amendments to any of the changes, they could be brought up as the meeting proceeded on each section. In response to Mary E. Shunney's statement that it had been her understanding that each change would be voted on as a separate item, Mr. Cohen explained that this article would be handled the same way as Article 4. Discussion or amendments would be on each section but would be voted on at the end as one motion. 8:14 P.M. Moderator Lincoln P. Cole, Jr. ruled that if anyone wished, they could ask for a certain part to be divided for voting purposes. 8:15 P.M. Paul Newman read the following: (Charge by the Board of Selectmen) BY-LAW COMMITTEE CHARGE The Committee shall review Town By-Laws to insure compatibility with present practice, State statutes and the Selectmen/Town Manager Act. Further, the Committee shall recommend appropriate changes and/or abolition of said By-Laws to be considered by the Selectmen and Town Meeting. Said report shall be submitted no later than November 2, 1981. The Committee shall consist of five members. 8:17 P.M. Mr. Newman then proceeded to go over each change as shown in the report of the committee and discussion followed. (Adopted Frank I. Michelman moved that in Article VI, Sec. 5, the word "or" amendment be stricken and the word "and" substituted therefor. to Art. VI, Amendment adopted by voice vote. 8:25 P.M. Sec. 5) (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982. ) 117 Article 48. (Cont. ) Ephraim Weiss moved that under Article VI, Section 6: Change last period to comma, and add: "for a minimum of 35 hours per week, except for holidays. " 8:27 P.M. There was much discussion on this amendment. Town Manager, Robert M. Hutchinson, Jr. told the meeting that he had no intention of changing the hours that the Town Office Building would be open. Discretion would be used whether it would be a day before a holiday, snowstorms etc. before the building would be closed. 8:28 P.M. Selectman James F. Crain hoped that we wouldn't try to run the town with restrictions in the by-law. Former Selectman, Mary W. Miley agreed with Mr. Crain and felt that the Town Manager should be allowed the discretion to open or close the building. 8:36 P.M. Concern was raised that the building might be open only two hours a day but Town Counsel, Norman P. Cohen stated that as an employee of a private concern that gave many more fringe benefits than he knew the Town Manager would give, he felt the town meeting should have no concern that the building would be open for only two hours each day. 8:36 P.M. Joseph 0. Rooney moved the previous question which was declared adopted by voice vote. 8:37 P.M. Motion to amend Article VI, Sec. 6, as offered by Mr. Weiss, declared lost by voice vote. 8:37 P.M. Ephraim Weiss moved to add to Article XII, Sec. 1: (Adopted In choosing a committee at town meeting, no person shall nominate more amendment than one member of such committee. 9:03 P.M. to Art. [17 XII, Frank I. Michelman moved to substitute a motion (which was not presented Sec. 1) in writing) but, after a five minute recess called by the Moderator, as there were no objections from the floor he withdrew said motion. 9:12 P.M. Stephen Michael Politi voiced the support of the Board of Selectmen on Mr. Weiss's motion to amend. 9:12 P.M. Paul Newman stated that the By-Law Committee supported Mr. Weiss's amendment. 9:12 P.M. Motion to amend Article XII, Section 1, as offered by Mr. Weiss, was declared adopted unanimously. 9:13 P.M. Ephraim Weiss moved to add the following at the end of Article XVI, Sec. 1: "If the vacancy shall have remained open for more than 60 days after notification of the Town Manager, the remaining members of the committee may fill the vacancy by majority vote." 9:17 P.M. The Moderator ruled that Mr. Weiss's motion to amend is out of order. 9:20 P.M. r-- L_ Ephraim Weiss moved that Art. XVI, Sec. 1 be amended by adding at the end: "The Town Manager shall make an appointment to this Committee within 60 days of a vacancy on the Committee." 9:26 P.M. Stephen Michael Politi voiced the opposition of the Board of Select- men to Mr. Weiss's amendment and went on to say that the Board was very proud of the way the Town Manager made the conauittee appointments and that there were no problems. 9:30 P.M. Paul Newman stated that the By-Law Committee opposed this amendment. 9:31 P.M. 1.1_8- .1_8- (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) Article 48. With the unanimous consent of the meeting, Ephraim Weiss withdrew (Cont. ) his motion to amend. 9:32 P.M. Marthur H. Kalil read the following report: Re Article XIX-Sec. 2 As Clerk of the By-Laws Committee, I rise to set the record straight by pointing out that the two suppositions used as the bases for opposition to this proposed change are in direct opposition to what actually is. The arguments, therefore, are without foundation. I shall explain. One of the contentions was that the By-Laws Committee was ignorant of the Town Manager' s intent to name himself as Civil Defense Director in case of a crisis. This is wrong! Let's just take a brief look at this committee. If you add up the number of years of their formal schooling, you get a total of over 96.. . .nearly a century. All this book-learnin' resulted in three lawyers, a PhD and me (to represent the common man! ) . And, there are enough honorary society keys in the bunch to open a can of sardines at a picnic if need arise. What I am saying is that this is not a group easily bamboozled through ignorance. Further, the number of years of combined civic and political involve- ment nearly equals that of the more formal schooling. This is not a group easily bamboozled through naivete! The truth is that the By- Laws Committee was not bamboozled by anything or anyone. It was fully cognizant of the Town Manager's intent as put forth in our meeting with him on September 31, 1981. What the fact really is is that the Town Manager's intent was viewed as a wise one. In a state of crisis, how much more effective to have the administrative ability in the hands and mind of one man who is trained to administer rather than be subject to the differences of many minds trained to deliberate and debate? As to the second allegation. ..that the By-Laws Committee did away with the cherished American tradition of "checks and balances." This is nonsensical! Another brief look at the committee shows that this is not a group comprised of any one political type. Its members cover the spectrum from conservative through moderate to liberal. It is not a group which could condone any diminution of a system of checks and balances. Rather, by its very composition, it is a group which was able to go beyond a rather elementary perception of this basic process and realize that the proposed change strengthens demo- cratic control. Let's look at specifics. Under the status quo, the Board of Selectmen have both the primary and the anti-ultimate powers. Should they abuse said power, the only recourse is the voter. (A process that would take four years to complete.) Yes, there is a system of checks and balances there, but it is slow and dangerously subject to the vagaries of time. Under the suggested change,the actual practice of control is strengthened. Think about this. According to the Selectmen-Town Manager Act Section 9 the Town Manager's actions are under constant review by the Board of Selectmen and Section 7 says that the Selectmen can re- move the Town Manager within as short a period as 30 days. So, you see, under the proposed change, the real power is not concentrated but rather dispersed. The Director of Civil Defense would have the primary administrative abilities, but should he abuse such, he could l be democratically reviewed and quickly removed. The Board of Select- men would still retain the anti-ultimate power and needless to say, —+ the voters, the ultimate. I am sure that the acuity and intent of the By-Laws Committee was not purposefully misrepresented. It is very understandable that the subtlety and refined political reasoning of this change could be missed by some. However, I am also sure that now that the reality has been set before you, the Town Meeting, you will see it clearly and pass the proposal. 9:38 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) 1 129 Article 48. In response to a question raised by James M. McLaughlin, Margery M. (Cont.) Battin explained that in the event the Town Manager appointed him- self as Civil Defense Director during a crisis, that the Board of Selectmen would appoint the Acting Town Manager. 9:40 P.M. Mrs. Battin explained that she and James F. Crain (both members of the Board of Selectmen) supported the recommendation of the By-Law Committee on Article XIX, Section 2. 9:41 P.M. (Adopted Anthony L. Mancini moved that the words "Section 2 of Article XIX amendment and" be stricken from the motion. 9:42 P.M. to main motion .) Stephen Michael Politi stated that a majority of the Board of Selectmen opposed this amendment. 9:47 P.M. After general discussion, Mr. Mancini's motion to amend the main motion was declared adopted by voice vote. 9:58 P.M. Frank Sandy moved to amend the motion to include: Amending Article V section 17 of General By-Laws by replacing the words "section 15" by the words "section 15 or section 19". 10:01 P.M. The Moderator ruled that this motion was not within the scope of the article and was therefore ruled out of order. 10:03 P.M. Ephraim Weiss moved to amend by adding to Article XII, Section 1: "The Town Manager shall make appointments to fill vacancies on committees within 90 days of the existence of such vacancies." 10:05 P.M. Mr. Weiss emphasized that he had no fault to find with the present Town Manager. 10:06 P.M. James E. Barry served notice of reconsideration of the motion to amend as offered by Anthony L. Mancini (adopted 9:58 P.M. ) . 10:03 P.M. Article 48. Mr. Weiss's motion to amend Article XII, Section 1 was declared (Cont.) lost by voice vote. 10:08 P.M. Concern was raised by Frank I. Michelman that the recommended change in Article XXV, Section 25 wouldn't be taken up until next Monday, when he wouldn't be able to attend, and, he very much wanted to join in the discussion on this section. 10:15 P.M. With the approval of Stephen Michael Politi, the presenter of the main motion, and at the request of Mr. Michelman, Paul Newman skipped over the other sections and proceeded to discuss the recommendation for Article XXV, Section 25. 10:25 P.M. Mr. Michelman gave a lengthy talk supporting the recommendation of the By-Law Committee. 10:32 P.M. After general discussion, Sheila Clemon-Karp, a member of the By- (Adopted Law Committee, moved that the words "Section 25 of Article XXV shall amendment not be amended" be replaced by the words "Section 25 of Article XXV to amain be amended as set forth in the amendment to the report of the By-Laws motion. ) Committee dated 4/26/82." 10:40 P.M. 1 �1 (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) Article 48. (Amendment to the Report of the By-Laws Committee. (Cont. ) To amend Section 25 of Article XXV of the General By-Laws of the Town of Lexington by striking it in its entirety and substituting therefor the following: (Amendment No person shall behave or conduct himself on the Battle Green to Report otherwise than in a quiet and orderly manner in keeping with a of the respectful regard and reverence for the memory of the patriotic By-Law service and sacrifice there so nobly rendered. No person shall Committee) engage or take part in any game, sport, picnic or performance on the Battle Green unless: (a) written permission has been given by , the Selectmen, or (b) such activity would not interfere with the safe, convenient and appropriate use thereof, nor disturb the safety of persons or property. No person shall climb upon, deface, "r mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat, or structure on the Battle Green. The Selectmen shall promulgate regulations that define both the standards and procedures by which they will grant or deny permits under subsection (a) , and the activities allowable without permit under subsection (b) .) There was general discussion including a seven minute opposition dissertation by Louis A. Zehner who went back to the historical happenings on the Battle Green to support his stand. 10:58 P.M. Stephen Michael Politi stated that a majority of the Board of Selectmen opposed the change in this section and added that the Town Manager, Chief of Police and Director of Public Works also opposed the change. 11:02 P.M. Margery M. Battin spoke as the minority member of the Board of Selectmen supporting the By-Law Committee on this section change. 11:07 P.M. Because of the importance of this by-law change, Richard A. Michelson requested that the vote be taken by a roll call vote. The Moderator asked that those members in favor of a roll call vote stand to be counted, results as follows: Precinct Tellers In Favor 1 Sheila Busa-Tassone 11 2 Lynda A. Wik 9 3 Suanne C. Dillman 7 4 Peter C. J. Kelley 3 5 James L. Silva 4 6 Edith Sandy 0 7 Winifred L. L. Friedman 4 8 Suzanne S. Frank 8 9 John C. Eddison 2 At Large John R. Campbell 6 54 More than the required fifty members having voted in favor, the Moderator ruled that the vote on Sheila Clemon-Karp's amendment would be taken by a call of the roll. 11:09 P.M. The roll call vote on Sheila Clemon-Karp's amendment to the main motion, as offered by Stephen Michael Politi, was taken by the Town Clerk, Mary R. McDonough, starting at 11:10 P.M. and completed at 11:20 P.M. The final tally was completed at 11:23 P.M. with the �-.- following results: (Final result announced by the Moderator at 11:24 P.M.) (Adjourned Session of the 1982 Annual Town Election - April 28, 1982.) 1 2 I Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON-KARP (Cont.) AMENDMENT) PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x John T. Avery x James E. Barry x Nancy L. Barter Robert E. Breslin x Sheila Busa-Tassone x James Cataldo x Ralph A. Cataldo x Sheila Clemon-Karp x Mark Doran x David F. Eagle x Patricia K. Hagedorn x Cornelia C. Johnson x Ronald Levy x William E. Maloney, Jr. x Barry E. Sampson x Marie T. Walton x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 7 8 0 6 PRECINCT TWO Julian J. Bussgang x Elizabeth H. Clarke x Eric T. Clarke x John Thomas Cunha x Karen A. Dooks x George E. Foote x Lillian T. MacArthur x Barry H. Marshall x Frank I. Michelman x Michael J. O'Sullivan x Elizabeth H. Pressman x Arthur C. Smith x Elaine M. Sullivan x Patricia A. Swanson x Judith J. Totman x Christina J. Welch x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 13 7 0 PRECINCT THREE Phyllis Aaronson[-- x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x Erna S. Greene x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x John J. McWeeney x James P. Reilly x Marian C. Reilly x En! (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON-KARP (Cont.) AMENDMENT) (CONT.) PRECINCT THREE (CONT. ) YES NO ABSTAINED ABSENT William A. Ridgley x Paul V. Riff in x Marie E. Roberts x Robert I. Rotberg x Jacquelyn R. Smith x Richard W. Souza x TOTALS 15 4 0 2 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x William J. Dailey, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Joyce Hals x Peter C. J. Kelley x Daniel L. McCabe x Richard F. Perry x Margaret F. Rawls x Joseph O. 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 Germania B. Whiting x TOTALS 13 6 0 2 PRECINCT FIVE Florence A. Baturin x Steven A. Clark x Howard Cravis x Wallace Cupp x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Joseph F. Gilbert, Jr. x Paul E. Hamburger x John Orin Hayward x Leona W. Martin George F. McCormack x Stephen W. Miller x Madeline A. Shaughnessy x James L. Silva x Edgar R. Stuhr x Julie F. Triessl x Ephraim Weiss x -- David G. Williams x Mary Kathryn Wolf TOTALS 11 9 0 1 (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) 1°2 3 Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON-KARP (Cont.) AMENDMENT) (CONT.) PRECINCT SIX YES NO ABSTAINED ABSENT Earl F. Baldwin, Jr. x Susan S. Beck x Margaret N. Brooke x Levi G. Burnell x J. Keith Butters x John F. Downey, Jr. x Thomas E. Fortmann x Harry A. Hall, III x Judith B. Marshall x Paul W. Marshall x James L. McDevitt x Ruth Joyce Nablo 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 John S. Willson x TOTALS 16 4 0 1 PRECINCT SEVEN Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Renee T. Cochin x Manfred P. Friedman x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Martin L. Hagerty x Mary W. Miley x Myron L. Miller x Alice M. Pierce x David Reiner x William J. Scouler x John E. Taylor x Roger G. Trudeau x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Martha C. Wood x TOTALS 14 4 0 3 PRECINCT EIGHT Richard H. Battin x G. Richard Beamon x Robert E. Bond x Charles E. Connolly x Charles E. Connolly, Jr. x William P. Fitzgerald x Suzanne S. Frank x Ione D. Garing x Walter N. Leutz x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x 124 (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON-KARP (Cont.) AMENDMENT) (CONT.) PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT Jack Sarmanian x Anne R. Scigliano x Mary E. Shunney x Richardson C. Smith x Carolyn H. Tiffany x Stanley E. Toye _ x TOTALS 8 8 0 5 PRECINCT NINE Alice J. Adler x Kenneth O. Alves x Gordon E. Barnes, Jr. x Jane P. Buckley x Joan N. L. Collins x Louise G. R. Colwell x Ronald W. Colwell x Louis E. Conrad x Anna P. Currin x John C. Eddison x James J. Findley x Deborah B. Green x William P. Kennedy x Iris E. Larssen x Paul E. Mazerall x Richard M. Perry x Daniel E. Power x Susan J. Ricci x Fred D. Rosenberg x , James J. Scanlon x Donald J. Shaw _ x TOTALS 12 8 0 1 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x James C. Beck x Alfred S. Busa x Norman P. Cohen x Lincoln P. Cole, Jr. x James F. Crain x Stephen W. Doran x Mary R. McDonough x Stephen Michael Politi x Robert F. Sacco x Louis A. Zehner _ x _ _ TOTALS 2 4 2 3 TOTAL TALLY OF ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION } (See Page PRECINCT YES NO ABSTAINED ABSENT TOTALS 1 119 for 1 7 8 0 6 21 J amendment 2 13 7 0 1 21 as 3 15 4 0 2 21 adopted) 4 13 6 0 2 21 5 11 9 0 1 21 6 16 4 0 1 21 7 14 4 0 3 21 8 8 8 0 5 21 9 12 8 0 1 21 At Large 2 4 2 3 11 TOTALS 111 62 2 25 200 Moderator declared the amendment to the main motion as offered by Sheila Clemon-Karp to be adopted. 11:24 P.M. (Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) 125 Article 48. The remainder of Article 48 is still open. (Cont.) Alfred S. Busa moved that this meeting be adjourned to Monday, May 3, 1982 at 8 P.M. in Cary Memorial Hall. 11:25 P.M. Patricia K. Hagedorn served notice of reconsideration of the roll call vote on Sheila Clemon-Karp's amendment to the main motion. •-- 11:25 P.M. Mr. Busa's motion to adjourn to Monday, May 3, 1982 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 11:25 P.M. A true copy. Attest: is a Mary R. McDonough, Town Clerk -1 6. ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING MAY 3, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and was immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 176 Town Meeting Members present. Invocation offered by the Reverend Peter H. Meek of the Hancock United Church of Christ. 8:09 P.M. Article 2. Alfred S. Busa informed the meeting that a report, in three parts, on Article 15 was on the back table and invited the members to take a set and study it before the Wednesday meeting. If anyone has any questions, they should be raised before the meeting to either the Town Manager or the Director of Public Works. 8:10 P.M. Margery M. Battin voiced her concern that Article 49 (the Garrity House article) be acted upon tonight in order that the petition to the General Court may be presented before the legislature completes the 1982 session. She added, if the by-law changes (Article 48) are still being discussed at 9:45 P.M. , she would then ask that Article 48 be tabled and take up Article 49 at that time. 8:10 P.M. The Moderator stated that the meeting is now open on Article 48. 8:10 P.M. BY-LAWS REVISIONS Article 48. Louis A. Zehner proposed that the Lexington Board of Selectmen be (Cont. ) requested to write to the President of the United States and to point out that for 167 years Canada and America have been at peace and have shared a common 3,000 mile undefended border where use of (See pages force has been ruled out by both parties as a means of settling 115 thru differences and where arbitration and conciliation and restraint 125.) have set an unparalleled example for the world to follow. After enlarging on his subject, Mr. Zenner moved: (See That the town meeting request the Board of Selectmen to explore Pages the possibility of President Reagan attending Lexington's 1983 128 - Patriots Day celebration and that President Reagan be asked to 133 for invite the Premier of Canada as his guest to meet on Lexington's final historic Common, thereto commemorating the 167 years of peace motion as along the joint 3,000 mile undefended border; that concurrently adopted. ) the Selectmen ask the Town Manager and his staff to prepare a tentative but realistic budget of costs that would be in excess of budgetted 1983 Patriots Day expenses; that contingent upon acceptance of the invitation by President Reagan and approval of the budget by the Selectmen that the town seek to raise the sum budgetted as special gifts from corporations or institutions. 8:21 P.M. Mr. Zehner's motion was declared adopted unanimously. 8:22 P.M. Paul Newman, Chairman of the By-Law Committee, proceeded to explain the changes recommended by the committee starting with the change under Article XIX, Section 3. 8:23 P.M. Mr. Newman stated that all changes in Article XXI had been discussed with and approved by Norman P. Cohen, Town Counsel. 8:25 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) 127 Article 48. After the explanation of the recommended changes in Article XXV, (Cont. ) Section 12, Julian Bussgang moved: That the motion under Article 48 relating to Article XXV, Section 11 of the Town By-Law be amended as follows: strike "all commercial and industrial districts" and replace therefor "all CN, CG and CB districts". 8:33 P.M. After general discussion, Mr. Bussgang's motion to amend was declared lost by voice vote. 8:41 P.M. Julian Bussgang served notice of reconsideration of his motion to amend Article 48 relating to Article XXV, Section 11. 8:47 P.M. Article 48. There was general discussion regarding the change in Section 14 (Cont. ) of Article XXV. Patricia K. Hagedorn moved to amend the proposed recommendation (not in writing) but, with the approval of the meeting, withdrew said amendment. 9:01 P.M. (Adopted Margaret Rawls moved that Article XXV, Section 13 (new #) be amendment amended to delete the words "or in any way affect the safety of the to Art. surface of", and to add after the final word "in such a way as to XXV, affect the public safety." 9:01 P.M. Sec. 13.) Mrs. Rawls motion to amend declared carried by voice vote. 9:01 P.M. Paul Newman proceeded with his explanation of the proposed changes. After his explanation of Article XXVII, Section 2 Clarice B. Gordon moved: That Section XXVII, Section 2 be amended by deleting the period at the end and substitute a comma and add - except that no person under eighteen years of age or any student of a Lexington public or private elementary or secondary school shall be required to register or pay any charge. 9:08 P.M. After general discussion, Mrs. Gordon's motion to amend was declared lost by voice vote. 9:12 P.M. Paul Hamburger moved to amend (not in writing) but immediately withdrew his motion. 9:17 P.M. (Adopted Ephraim Weiss moved that Article XXI, Sec. 2 be amended by adding, amendment after the word "requested", the words: "by the Town Meeting or". to Art. 9:20 P.M. XXI, Sec. 2) Mr. Weiss explained that there were no problems with the current Town Counsel, who was very cooperative, but that there had been problems in the past and very well could be in the future. r-- 9:22 P.M. Paul Newman expressed the opposition of the By-Law Committee to Mr. Weiss's amendment. 9:23 P.M. Voice vote on Mr. Weiss's motion to amend was doubted by the Moderator, so a standing vote was taken as follows: 128 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982. ) Article 48. (Standing vote on Mr. Weiss's motion to amend: (Cont. ) (Cont. ) Precinct In Favor Tellers Opposed 1 6 Sheila Busa-Tassone 7 2 4 Lynda A. Wik 9 3 7 Suanne C. Dillman 7 4 8 Peter C. J. Kelley 0 5 10 James L. Silva 6 6 10 Edith Sandy 4 7 14 Winifred L. L. Friedman 1 8 14 Suzanne S. Frank 3 9 14 John C. Eddison 4 At Large 5 John R. Campbell 11 Totals 92 52 Mr. Weiss's motion to amend Article XXI, Section 2 was adopted. 9:27 P.M. Paul Newman completed his explanation of all changes and stated that the By-Law Committee had one general recommendation that the new by-laws be reprinted in its entirety and that the new book be in loose-leaf form in order that changes could be inserted as they are approved. 9:28 P.M. Richard A. Michelson moved that Article XXV, Section 13 be amended by deleting the word "pump" (Line 4) . 9:29 P.M. After general discussion, Mr. Michelson's motion to amend was declared lost by voice vote. 9:34 P.M. (Final Main motion as presented by Stephen Michael Politi (See Page 115 - vote on April 26, 1982 Session) as amended was declared adopted by voice main vote. The Moderator added that notice of reconsideration had been motion as served seasonably on certain sections and that they would stand on amended. ) their own if motion for reconsideration was moved. 9:36 P.M. (Main motion, presented by Stephen Michael Politi (See Page 115 - April 26, 1982 Session) , and as amended, now reads: (Main MOTION: That the General By-Laws of the Town be amended in accordance motion, with the report and recommendations of the By-Law Committee as filed as amended, with the Town Clerk, except that Section 25 of Article XXV be and amended as set forth in the amendment to the report of the By-Laws reports Committee dated 4/26/82. as filed - as (REPORT OF THE BY-LAWS COMMITTEE TO THE TOWN MEETING AND adopted) BOARD OF SELECTMEN (As filed with the Town Clerk and as amended at Town Meeting) Submitted April 21, 1982 (Approved By-Laws Committee Members by Atty. Paul Newman, Chairman Stephen T. Russian General, Marthur Kalil Anthony L. Mancini Oct. 11, Sheila Clemon-Karp -- 1982. Published The By-Laws Committee, having been appointed by the Board of in Lex. Selectmen pursuant to Article 4 as adopted at the Annual Town Meeting Minute-man held March 16, 1981, was asked to review the Town's General By-Laws November and make recommendations for their revision. Our charge was to 18 & 25, suggest changes that would bring the By-Laws into conformity with 1982. ) both law and practice, and that would otherwise improve the By-Laws. For seven months the Committee undertook this task, aided greatly by the comments of numerous residents and officials of the Town. Our review has resulted in our unanimous recommendation that the following amendments be made to the Town's General By-Laws. (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) 129 Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting -) (Cont. ) (Cont. ) Article I - General Provisions (Main motion, To amend Section 1 of Article I of the General By-Laws of the as Town of Lexington by striking out the words "Building, Plumbing amended, and Signs. " and reports Article III - The Calling and Notice of Town Meetings as —, filed - To amend Section 2 of Article III of the General By-Laws of as the Town of Lexington by striking said Section 2 and substituting adopted therefor the following: (Cont.) "The warrant for a town meeting shall be served by posting a printed copy thereof in the Town Office Building and also by sending by mail, postage prepaid, not less than seven days, or in the case of a special town meeting not less than fourteen days, before the time stated in the warrant for holding such meeting, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town. " To amend Section 5 of Article III of the General By-Laws of the Town of Lexington by striking the first sentence of said Section 5 and substituting therefor the following: "The annual meeting of the Town shall commence with the opening of the polls for voting continuously from seven o'clock in the morning until eight o'clock in the evening. " Article VI - Selectmen To amend Section 5 of Article VI of the General By-Laws of the '— Town of Lexington by striking the words "and in a public place in each precinct and" and by substituting therefor the word "and". To amend Section 6 of Article VI of the General By-Laws of the Town of Lexington by striking the words "for eight hours each weekday, except holidays and Saturdays" and by adding at the end thereof the words "for such hours as are determined by the Board of Selectmen. " To amend Section 7 of Article VI of the General By-Laws of the Town of Lexington by striking the words "one thousand dollars" and substituting therefor the words "two thousand dollars. " To amend Section 9 of Article VI of the General By-Laws of the Town of Lexington by striking it and substituting therefor the following: "The Selectmen shall provide and maintain under their care and supervision, some suitable place or method for free public dis- posal for the inhabitants of the town to deposit ashes, cinders, papers and other refuse and rubbish in accordance with such rules and regulations as the Selectmen may from time to time make." Article VII - Town Clerk To amend Sections 5 and 6 of Article VII of the General By-Laws of the Town of Lexington by striking them in their entirety and substituting therefor the present Section 7 renumbered as Section 5. Article XII - General Provisions To amend Section 1 of Article XII of the General By-Laws of the Town of Lexington by striking it and substituting therefor the following: 130 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting - ) (Cont. ) (Cont. ) (Main Article XII - General Provisions (Cont.) motion, as "All committees, except as otherwise provided by law or by by-law amended or by vote of the town meeting shall be appointed in accordance and with Section 2 of the Selectmen-Town Manager Act (Chapter 753 of the reports Acts of 1968, as amended) . In choosing a committee at town meeting, as no person shall nominate more than one member of such committee." filed - as adopted. Article XIII - Appropriation Committee (Cont. ) To amend Section 1 of Article XIII of the General By-Laws of the Town of Lexington by striking out the words in the second paragraph "the joint school committee-teachers' salary advisory committee or." Article XV - Town Celebrations Committee To amend Section 1 of Article XV of the General By-Laws of the Town of Lexington by striking out the words "April thirtieth" and substituting therefor the words "June thirtieth." Article XVI - Recreation Committee To amend Section 1 of Article XVI of the General By-Laws of the Town of Lexington by striking it and substituting therefor the following: "The Town shall have a Recreation Committee. It shall consist of five voters of the Town who shall be appointed by the Town Manager, subject to the approval of the Board of Selectmen. Upon the ex- piration of the term of a member, a successor shall be appointed for a term of three years. Terms shall expire on May thirty-first, except that members shall continue in office until their successors have been duly appointed and qualified." To amend Section 2 of Article XVI of the General By-Laws of the Town of Lexington by striking it and substituting therefor the following: "The Recreation Committee shall administer and have the program and policy responsibility of the Public playgrounds and recreation centers of the Town, except as herein otherwise provided; shall have charge of conducting and promoting thereon recreation, play, sport and physical education and subject to the approval of the Board of Selectmen may permit the use thereof by any department of the Town or by any person, society or organization for such other public, recreational, social or educational purposes as the committee may deem proper; and with the consent of the public officer or board having control thereof or of the owner, may conduct and promote such activities on other public property or on private property. In carrying out its functions, the committee, consistent with Town personnel policy, may utilize teachers, supervisors and other personnel." Article XVII - Permanent Building Committee To amend the second paragraph of Section 1 of Article XVII of the General By-Laws of the Town of Lexington by substituting "the first day of July" for "the first day of May" and substituting "June thirtieth" for April thirtieth." Article XVIII - Trustees of Public Trusts To amend Section 1 of Article XVIII of the General By-Laws of the Town of Lexington by adding at the end thereof the words "whose members shall be appointed by the Board of Selectmen as set forth in Section 2B of the Selectmen-Town Manager Act (Chapter 753 of the Acts of 1968, as amended) ." (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) 1 @" t Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting - ) (Cont. ) (Cont. ) (Main Article XIX - Civil Defense motion, as To amend Section 2 of Article XIX of the General By-Laws of the amended Town of Lexington by adding after the words " (hereinafter called the and 'director'" the words "who shall be appointed by the Town Manager) " reports and by striking the words "Board of Selectmen" and substituting as therefor the words "Town Manager." ..--, filed - as To amend Section 3 of Article XIX of the General By-Laws of the adopted. Town of Lexington by striking it in its entirety. (Cont. ) Article XX - Gas Inspector To amend Article XX of the General By-Laws of the Town of Lexington by striking it in its entirety and substituting therefor the present Article XXXII. Article XXI - Town Counsel To amend Section 2 of Article XXI of the General By-Laws of the Town of Lexington by striking it in its entirety. To amend Section 3 of Article XXI of the General By-Laws of the Town of Lexington by adding at the end thereof the words "unless authorized by the Board of Selectmen" and renumbering it Section 2 and by adding, after the word "requested," the words: "by the Town Meeting or". To amend Sections 4 and 5 of Article XXI of the General By-Laws of the Town of Lexington by renumbering them Sections 3 and 4 respectively. To amend Section 6 of Article XXI of the General By-Laws of the Town of Lexington by striking the word "fiscal" in subsection (a) of the first sentence, by striking the third sentence "Such reports shall also show the separate amounts received by the Town Counsel as compensation and for disbursement in each of such actions during such year, and for all other services not covered by his regular salary" in its entirety, and by renumbering it Section 5. To amend Section 7 of Article XXI of the General By-Laws of the Town of Lexington by renumbering it Section 6. Article XXV - General Regulations To amend Section 8 of Article XXV of the General By-Laws of the Town of Lexington by striking it in its entirety. To amend Sections 9, 10, and 11 of Article XXV of the General By-Laws of the Town of Lexington by renumbering them Sections 8, 9, and 10 respectively. To amend Section 12 of Article XXV of the General By-Laws of the Town of Lexington by striking it in its entirety and substituting therefor the following renumbered as Section 11: - "No owner or agent having charge of any building or lot of land abutting on a sidewalk within all commercial and industrial districts as defined in Section 4.2 of the Zoning By-Laws of the Town of Lexington, shall place or permit or suffer to remain for more than four hours between sunrise and sunset any snow or ice upon such sidewalks which impedes the orderly flow or safety of pedestrian traffic upon such sidewalks, unless such ice is made even and covered with sand or some like material to prevent slipping." At 2 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982. ) Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting - ) (Cont.) (Cont.) (Main Article XXV - General Regulations (Cont.) motion, as To amend Section 13 of Article XXV of the General By-Laws of the amended Town of Lexington by renumbering it Section 12. and reports To amend Section 14 of Article XXV of the General By-Laws of the as Town of Lexington by striking it in its entirety and substituting filed - therefor the following renumbered as Section 13: as adopted. "No owner of a building abutting upon or adjacent to the line of .�+I (Cont.) any street, or his agent having care thereof, shall cause, pump, permit or suffer water from the roof of such building or from the building itself, to discharge upon or flow across the sidewalk or public way adjacent to such building in such a way as to affect the public safety." To amend Sections 15 and 15A of Article XXV of the General By-Laws of the Town of Lexington by renumbering them Sections 14 and 15 respectively. To amend Section 16 of Article XXV of the General By-Laws of the Town of Lexington by striking the word "superintendent" wherever it appears and substituting therefor the word "director" in each instance. To amend Section 17 of Article XXV of the General By-Laws of the Town of Lexington by adding at the end thereof the following words: "Such signs must conform to the Sign Regulations set forth in the Zoning By-Laws of the Town. " To amend Section 18 of Article XXV of the General By-Laws of the Town of Lexington by adding at the end thereof the following words: '-`Such signs must conform to the Sign Regulations set forth in the Zoning By-Laws of the Town." To amend Section 21 of Article XXV of the General By-Laws of the Town of Lexington by adding at the end thereof the word "Meeting." To amend Section 25 of Article XXV of the General By-Laws of the Town of Lexington by striking it in its entirety and substituting therefor the following: "No person shall behave or conduct himself on the Battle Green otherwise than in a quiet and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. No person shall engage or take part in any game, sport, picnic or performance on the Battle Green unless: (a) written permission has been given by the Selectmen, or (b) such activity would not interfere with the safe, convenient and appropriate use thereof, nor disturb the safety of persons or property. No person shall climb upon, deface, mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat, or structure on the Battle Green. The Selectmen shall promulgate regulations that define both the standards and procedures by which they will grant or deny permits under sub- section (a) , and the activities allowable without permit under r-' subsection (b) . To amend Section 27 of Article XXV of the General By-Laws of the Town of Lexington by: 1. Striking the words "under Section 25.80 of" and substituting therefor the words "as defined by." 2. Striking the words "of Section 27. " 3. Striking the words "acting under Section 25.94 of the Zoning By-Law." (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982. ) 1:33 Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting -) (Cont.) (Cont. ) (Main Article XXVI - Public Conduct motion, as To amend Section 1 of Article XXVI of the General By-Laws of the amended Town of Lexington by striking it in its entirety. and reports To amend Sections 2, 3, and 4 of Article XXVI of the General By- as Laws of the Town of Lexington by renumbering them Sections 1, 2 filed - and 3, respectively. as adopted. To amend Section 5 of Article XXVI of the General By-Laws of the (Cont.) Town of Lexington by striking it and substituting therefor the following renumbered as Section 4: "No person shall - with purpose to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof - engage in fighting or threatening, or in violent or tumultuous behavior, or create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor." To amend Section 6 of Article XXVI of the General By-Laws of the Town of Lexington by striking it and substituting therefor the following renumbered as Section 5: "No person shall loiter or continue to sit, lie or stand in any street, public place or public building so as to obstruct or impede the free passage of any other person after being otherwise directed by a police officer or by posted sign." To amend Sections 7 and 8 of Article XXVI of the General By-Laws of the Town of Lexington by striking them in their entirety. To amend Section 9 of Article XXVI of the General By-Laws of the Town of Lexington by renumbering it Section 6. Article XXVII - Licensed Persons To amend Section 2 of Article XXVII of the General By-Laws of the Town of Lexington striking therefrom the word "canvasser. " Article XXVIII - Animals To amend Section 4 of Article XXVIII of the General By-Laws of the Town of Lexington by striking the word "a" and substituting therefor the word "to." Article XXXIII - Wetland Protection To amend Article XXXIII of the General By-Laws of the Town of Lexington by renumbering it Article XXXII. ) (See Page 128 for Final Vote of Adoption.) Arthur C. Smith moved that the meeting extend their thanks to the By-Law Committee for their long and hard work and for a job well done. This motion was unanimously adopted and the committee was given a round of applause. 9:37 P.M. 111 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) Article 49. GARRITY HOUSE Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized (a) to (As enter into an agreement with Robert J. Lind for the sale, with adopted) preservation restrictions, of the buildings known as the Garrity House and the Carriage House located in Buckman Park to be used for private residential use in consideration of $6,000 and on such other terms as the Selectmen shall determine; (b) to enter into a long term lease of a parcel of land in Buckman Park on which the fore- going buildings are located containing approximately 15,500 square feet; (c) to grant or delegate administrative supervision under any such agreement and preservation restrictions to an individual or committee that they may choose, including the Historic Districts (See Commission; and (d) to petition the General Court for an act to Chapter permit such lease and conveyance. 374 - 9:38 P.M. Acts of 1982.) Mrs. Battin explained that the Board of Selectmen unanimously supported this article. She asked that Anne Grady, Chairman of the Garrity House Committee be recognized. 9:42 P.M. Mrs. Grady, with the aid of Lexington Historical Society Historian- Archivist S. Lawrence Whipple showing slides, gave an explanation of the committee's plan for the property and asked that Robert J. Lind be recognized. 9:47 P.M. Mr. Lind gave a short statement as to what he planned to do to the buildings. 9:48 P.M. In response to questions raised by Manfred P. Friedman, Mrs. Grady explained that the lease stays with the house; the land stays with the town; and the lease could be renewed after the 99 year lease period expires. 9:50 P.M. Donald D. Wilson, a member of the Garrity House Committee, said that the committee had put in all the controls that they could to protect the town and urged passage of the motion._ 9:55 P.M. Winifred L. L. Friedman asked what would become of the buildings if this motion does not pass. Mrs. Battin answered that they would be in a stalemate. She added that the Board of Selectmen feel that this has been a very well thought out plan. 9:57 P.M. James McLaughlin asked what the taxes would be. Mrs. Grady said that the property would be assessed at fair market value and whether Mr. Lind would pay taxes on the land is now before the Board of Assessors. 9:59 P.M. Earl F. Baldwin, Jr. moved that action on this article be postponed until next Monday night (May 10, 1982) . 10:01 P.M. John J. McWeeney, a member of the Board of Assessors, stated that the land is going to be assessed for $50,000. This is for the land alone. 10:01 P.M. After discussion in regards to the land being tax exempt, Mr. Baldwin's motion to postpone action on Article 49 was declared lost by voice vote. 10:07 P.M. The Town Manager, Robert M. Hutchinson, Jr. recommended that the land be tax exempt as did the Board of Selectmen through Margery M. Battin. 10:10 P.M. Ronald M. Levy moved the previous question which was declared adopted by voice vote. Voice vote was doubted by more than 20 members, so a standing vote was taken as follows: (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.) 1 0"5 Article 49. Vote on previous question: (Cont.) Precinct In Favor Tellers Opposed 1 16 Sheila Busa-Tassone 4 2 5 Lynda A. Wik 10 3 15 Suanne C. Dillman 2 4 13 Peter C. J. Kelley 0 5 11 James L. Silva 8 6 4 Edith Sandy 12 7 4 Winifred L. L. Friedman 12 8 7 Suzanne S. Frank 7 9 15 John C. Eddison 2 At Large 16 John R. Campbell 2 Totals 106 59 Previous question prevailed. 10:15 P.M. Mrs. Battin released part of her time to Jack Sarmanian who asked if the reconstruction work would be supervised by the committee or the Selectmen. Mrs. Grady answered that a Clerk of the Works would be appointed. 10:17 P.M. The Moderator asked for a standing vote on the main motion as offered by Mrs. Battin. Standing vote taken as follows: Precinct In Favor Tellers Opposed 1 17 Sheila Busa-Tassone 2 2 16 Lynda A. Wik 0 3 16 Suanne C. Dillman 2 4 13 Peter C. J. Kelley 1 5 16 James L. Silva 3 6 15 Edith Sandy 2 7 9 Winifred L. L. Friedman 7 8 14 Suzanne S. Frank 3 9 18 John C. Eddison 1 At Large 18 John R. Campbell 1 Totals 152 22 More than the required two-thirds having voted in favor, the motion is adopted. 10:20 P.M. Alfred S. Busa moved reconsideration of Article 49. This motion was declared lost by voice vote. 10:27 P.M. Frank Sandy moved that Article 60 be taken up at this time. 10:28 P.M. (See Pages 137-139) J. Keith Butters moved that this meeting be adjourned to Wednesday, May 5, 1982 at 8 P.M. in Cary Memorial Hall. 10:28 P.M. Alfred S. Busa expressed the thanks of the Board of the Selectmen and the Town Meeting for the long and hard work done by the Garrity House Committee. 10:19 P.M. Mr. Butters withdrew his motion for adjournment. 10:29 P.M. Article 46. (See Page 113.) Stephen Michael Politi moved that this article be tabled. This motion was adopted by voice vote. (See Pages 156 & 157.) 136 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982. ) J. Keith Butters moved that this meeting be adjourned to Wednesday, May 5, 1982 at 8 P.M. in Cary Memorial Hall. 10:31 P.M. In response to a question raised by Arthur C. Smith, the Moderator stated that the first order of business at the next session of this town meeting would be Frank Sandy's motion to take up Article 60. 10:32 P.M. Mr. Butters' motion to adjourn this meeting to Wednesday, May 5, 1928 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:32 P.M. A true copy. Attest: —14,444, ic ACA61444.41Z Mary R. McDonough, Town Clerk J ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING 1 87 MAY 5, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 181 Town Meeting Members present. The invocation was offered by Reverend John P. Streit of the Church of Our Redeemer. 8:09 P.M. [11 The Moderator stated that the meeting is open on Frank Sandy's motion (offered at the May 3, 1982 Session - See Page 135) that Article 60 be taken up at this time. 8:10 P.M. Mr. Sandy's motion that Article 60 be taken up at this time was adopted unanimously. 8:10 P.M. Article 60. REZONE TO CD, MARRETT ROAD AT LINCOLN STREET Presented by Peter C. J. Kelley. (Not MOTION: That the Town amend the Zoning By-Law and Zoning Map by adopted) rezoning to CD, Controlled Commercial and Industrial, the land bounded and described as set forth in this article. The preliminary site development and use plan for such zoning district shall be the plan dated April 30, 1982 filed with the town clerk. 8:12 P.M. At the start of his explanation, Peter C. J. Kelley said that he and Richard F. Perry would abstain from voting on this article. Later in the course of the discussion, before the final vote was taken, Richard M. Perry stated that he believed in the Code of Ethics set up for Town Meeting Members and, that his son was one of the proponents of this article, he also would abstain from voting on Article 60. Mr. Kelley gave a lengthy explanation, being recognized for the second ten minutes by the Moderator, and showed slides of the Five Forks Area from all angles. He showed the various businesses in the immediate vicinity to back up his position that this would be a business being put up in a business area although it abuts a residential area. At the present time a stockade fence has been erected around the property shielding it from the abutting residences. Mr. Kelley asked that Jacquelyn Olson, Landscape Architect, be recognized. She showed slides and explained the landscaping plan. There would be shrubs in the front with complete screening by the planting of hemlocks. Parking would be in the rear and screened from the neighbors by the fence. Also, she added that there would be handicapped parking. 8:32 P.M. in Mr. Kelley explained that/the Traffic Engineer's Report, this was described as a small development with no adverse effect on traffic in the area. 8:34 P.M. Jacquelyn R. Smith filed the Majority and Minority Reports of the Planning Board. 8:35 P.M. Mrs. Smith, explaining that this was a low accident corner, said that there would be traffic improvements to the intersection, at the proponents' expense, in conjunction with the Town. The pro- ponents will assume the costs for engineering work on the improve- ments and for the widening and reconstruction of the west side of Marrett Road in front of their property. They will contribute up to $5,000 for the restoration and beautification of the traffic islands at the Lincoln Street-Marrett Road-School Street inter- section opposite from their property. She went on to highlight the Planning Board Report listing the many reasons for the support of the majority of the members. 8:49 P.M. 138 (Adjourned Session of the 1982 Annual Town Meeting - May 5, 1982.) Article 60. Albert P. Zabin spoke of his grave reservations about adopting (Cont. ) Article 60. He felt that there should not be this kind of re- zoning unless there is a clear need and he felt that this is not the case in this article. He urged unfavorable action. 8:58 P.M. James J. Findley spoke of the impact on safety of drivers and pedestrians and also urged unfavorable action as did Jane P. Buckley and Ronald W. Colwell. The following neighbors spoke against the rezoning: Barbara J. Degan, 334 Lincoln Street Michael R. Coppe, 12 Barrymeade Drive Stanley S. Wallack, 315 Lincoln Street Robert M. Dalrymple, 642 Marrett Road. 9:45 P.M. Louis A. Zehner spoke in support of the motion and said that the corner in question was one of the messiest corners in the town until it had been cleaned up and fenced in by Mr. Kelley and Mr. Perry. He felt that this was just the beginning of a big improvement for said corner. 9:47 P.M. Joseph F. Gilbert, Jr. spoke in favor of the motion. 9:50 P.M. Alfred S. Busa voiced the unanimous support of the Board of Select- men in regards to the rezoning of this piece of land. 9:50 P.M. Mr. Kelley rebutted the statements made by the dissenters and said that he felt the town needs local businesses rather than have the residents having to shop out of town. 9:57 P.M. Karsten Sorensen spoke as a minority member of the Planning Board opposing this article. He felt that the Town had no obligation to provide space for businesses operating out of homes in residential areas. He said that rezonings should be considered only where there is good justification. This proposal is ad hoc and is not consistent with the good planning that is expected in Lexington. 9:59 P.M. Mr. Kelley responded to a question raised by Graydon M. Wheaton. He said that they would be restricted on what retail space would be called for. No other retail use would be allowed in without a permit from the Board of Appeals. 10:02 P.M. Kenneth 0. Alves requested that a roll call vote be taken on the motion under Article 60. The Moderator asked for a standing vote ofthose members in favor of a roll call vote. Results as follows: Precinct Tellers In Favor 1 Sheila Busa-Tassone 5 2 Lynda A. Wik 3 3 Suanne C. Dillman 5 4 Georgia S. Glick 0 5 James L. Silva 4 6 Edith Sandy 1 7 Winifred L. L. Friedman 7 8 Suzanne S. Frank 2 9 John C. Eddison 16 At Large John R. Campbell 3 Total 46 Less than the required fifty members having voted in favor, the request for a roll call vote on the motion offered under Article 60 was not in order. 10:04 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 5, 1982.) ^319 Article 60. The Moderator asked for a standing vote on the main motion (Cont.) offered under Article 60 with the following results: Precinct In Favor Tellers Opposed 1 11 Sheila Busa-Tassone 9 2 11 Lynda A. Wik 5 3 3 Suanne C. Dillman 16 4 5 Georgia S. Glick 9 5 6 James L. Silva 11 6 4 Edith Sandy 13 -- 7 4 Winifred L. L. Friedman 14 8 9 Suzanne S. Frank 6 9 2 John C. Eddison 17 At Large 16 John R. Campbell 3 Totals 71 103 Less than the required two-thirds having voted in favor, the main motion as offered by Peter C. J. Kelley was not adopted. 10:07 P.M. James M. McLaughlin served notice of reconsideration of Article 60. 10:07 P.M. Article 2. Alfred S. Busa told the meeting that Article 15 would not be taken up this evening but would be delayed until next Monday. The Selectmen are planning to recess the meeting next week until June 16, 1982. 10:07 P.M. Alfred S. Busa moved that Article 15 be taken up at this time which was adopted by voice vote. 10:09 P.M. Article 15. (See Pages 94, 95, 113, 114, 141-145) AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS Alfred S. Busa moved that Article 15 be postponed to Monday, May 10, 1982 at 8 P.M. 10:10 P.M. Motion to postpone Article 15 to Monday, May 10, 1982 at 8 P.M. was adopted unanimously. 10:10 P.M. Article 50. LAND TRANSFER-BATTLE ROAD TO NATIONAL PARK SERVICE Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to convey land owned by the Town and shown as Old Massachusetts Avenue (Battle Road) and a portion of Alpine Street, which ways lie within the boundaries of Minute Man National Park, to the National Park Service on such terms as the Selectmen shall determine, including the exchange of land currently owned by the National Park Service. 10:11 P.M. L After general discussion, Frank Sandy stated that the Planning Board unanimously supported this article. 10:18 P.M. Motion as presented by Mr. Busa declared adopted unanimously. 10:19 P.M. 140 (Adjourned Session of the 1982 Annual Town Meeting - May 5, 1982.) Frank Sandy moved that Article 59 be taken up at this time. This motion was declared adopted by voice vote (doubted,but not by the required twenty members) . 10:20 P.M. Article 59. REZONE TO CD, MARRETT ROAD NEAR MINUTEMAN SCHOOL Presented by Fred Rosenberg. (Approved MOTION: That the Town vote to amend the Zoning By-Law by changing by Atty. the district designation from RO - One Family Dwelling District to General, CD - Controlled Commercial and Industrial District Of land on the Oct. 15, South Side of Marrett Road, adjacent to the entrance to the Minute- 1982. man Regional Vocational Technical School at the intersection of Posted in Massachusetts Avenue and Marrett Road, commonly known as the Boston Town Edison Property and as further described in this Article. Office 10:21 P.M. Building & nine At Mr. Rosenberg's request, Mr. Nolan, a resident of Lexington, was precincts recognized and gave a brief background of the Nolan, Norton & on Nov. Company. He explained that it is a management consulting firm 3, 1982.) specializing in computers. 10:25 P.M. Dennis Lowe, Bob Daylor and Lawrence Smith were all recognized in advance by the Moderator. Mr. Lowe explained that this location was on the western side of Massachusetts Avenue. He added that the maximum number of employees would be 400 and that the Minuteman Regional School School Committee had voted support of this amendment to the Zoning By-Law. 10:38 P.M. Mr. Daylor spoke on the traffic and Lawrence Smith, Project Director spoke briefly on the rezoning. 10:45 P.M. Karsten Sorensen filed the Report of the Planning Board on Article 59 and stated that the Board unanimously supported the article. 10:47 P.M. Main motion as presented by Mr. Rosenberg declared adopted unanimously. 10:52 P.M. Alfred S. Busa moved that this meeting be adjourned to Monday, May 10, 1982 at 8 P.M. in Cary Memorial Hall. This motion was adopted unanimously. 10:52 P.M. A true copy. Attest: ir4Att pd/n4A-4.4 Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING .1A i MAY 10, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 179 Town Meeting Members present. The invocation was offered by The Reverend Arthur H. Kolsti, Pastor of the Pilgrim Congregational United Church of Christ. 8:10 P.M. The Moderator called a formal recess in order to honor two Lexington champions. He then read the following resolutions which were signed by the Board of Selectmen - Alfred S. Busa, Margery M. Battin, James F. Crain, Robert F. Sacco and Stephen Politi: RESOLUTION - 1982 ANNUAL TOWN MEETING WHEREAS: Karen Gerenz of Lexington, Massachusetts has excelled in the sport of diving and has won the State Champion- ship for 1-meter diving in the years 1979 and 1980; and WHEREAS: Karen Gerenz has been named North Sectional Champion in 1-meter diving for the year 1981, and holds the diving record as State and Sectional Champion; and WHEREAS: she is a member of the All American High School Diving Team and three times has been selected for the Boston Globe All-Scholastic Teams; and WHEREAS: she finished second in the National YMCA 3-meter diving competition in 1982; BE IT THEREFORE RESOLVED: that the appreciation of the Town of Lexington be accorded to Karen Gerenz in recognition of her accomplishments. RESOLUTION - 1982 ANNUAL TOWN MEETING WHEREAS: Marco Dirks of Lexington, Massachusetts has excelled in the sport of track and has been named. the 1982 300-yard Indoor State Champion; and WHEREAS: Marco Dirks has won the championship in the Middlesex League for the 300-yard sprint; and WHEREAS: Marco Dirks has been named to the Middlesex League All-Star in the 300-yard spring category, and has established the school record for best time of 32.6 seconds for that event; BE IT THEREFORE RESOLVED: that the appreciation of the Town of Lexington be accorded to Marco Dirks in recognition of his accomplishments. Both of the above resolutions were adopted unanimously and the two champions were given a standing ovation. 8:13 P.M. The Moderator declared that the meeting was now open on Article 15. (See Pages 92, 93, 94, 95, 113, 114, 139) 142 (Adjourned Session of the 1982 Annual Town Meeting - May 10, 1982.) Article 15. (See Pages 92-95, 113, 114 and 139.) (Cont.) William T. Spencer moved reconsideration of Martin L. Hagerty's (See amendment to main motion under Article 15. (See Pages 94 and 95. ) Page 8:14 P.M. 144 for final Alfred S. Busa, Chairman of the Board of Selectmen, read the motion following: adopted under Town Meeting Members advised the Board of Selectmen that they Art. 15. ) felt it was necessary that a full review of this article be conducted so that all of the technical ramifications could be better understood. As you know, a comprehensive report has been filed with the town meeting outlining this proposal. We have made arrangements for the Director of Public Works and our traffic consultants, Boston Survey Consultants, to review this proposal. The current amendment prohibits any commitment to spending monies for the resolution of the Bedford Street design of this project. We consider Bedford Street to be the most critical component of this project. In addition, we have been advised only recently that funding for portions of this project would come from other than Chapter 90 funds. Specifically, $120,000 will be provided as a direct grant by the State towards the design of this project. 8:15 P.M. Selectman, Margery M. Battin urged support of the motion to reconsider Mr. Hagerty's amendment. She stated that the Selectmen were unanimous in their support and wished to continue dialogue with the neighbors. She added that the project will be stopped by the Selectmen if it does not meet the needs of the town. 8:19 P.M. Walter Tonaszuk, Director of Public Works, was recognized and he reviewed the project and was aided by the showing of slides. He said that there would be three 12' lanes in each direction and a two-way residential frontage road. There would be a pedestrian overpass at Eldred Street and a 10' to 20' planting area. The total construction cost, which includes Bedford Street, Hartwell Avenue and Marrett Road, would be $4,400,000. 8:31 P.M. At Mr. Busa's request, Mr. Cook of Boston Survey Consultants was recognized. With the aid of slides he explained the increased growth in daily traffic - Bedford Street - 70%; Hartwell Avenue - 50%; Maguire Road - 12% and Wood Street - 60%. He gave the population forecasts for the period 1970 - 1990. For 1970 - 1980 there was a decrease of 8%; 1980 - 1990 there would be no increase. 8:43 P.M. Winifred L. L. Friedman felt that Bedford Street should not be turned into an arm of Route 128. She added that the meeting should not accept this proposal. She wants to protect North Lexington and urged unfavorable action on the motion to re- consider Mr. Hagerty' amendment. 8:50 P.M. Concern was raised by Lloyd Gilson in regards to the pedestrian overpass. Mrs. Battin stated that the town would not support the proposal if there were to be no pedestrian overpass. 8:57 P.M. Jacquelyn H. Ward spoke in favor of the reconsideration and said that Bedford Street was in need of an access road. 8:57 P.M. Manfred P. Friedman stated that if the concept were approved, it would soon be obsolete. 9:01 P.M. Thomas E. Fortmann stated that the design had some excellent features but that it also had some major problems. He urged reconsideration of the amendment and defeat of the amendment itself. 9:03 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 10, 1982.) 143 Article 15. Frank Sandy said that the residents abutting Bedford Street need (Cont. ) this access road but that the rest of North Lexington is getting the short end of the stick. 9:10 P.M. Sam V. Nablo voiced concern regarding the environmental impact. With the number of cars estimated using the road daily, and breaking the figure down to two vehicles per second, he felt there would be a severe impact on the air quality in the neighbor- hood. 9:12 P.M. Mr. Cook of Boston Survey Consultants answered that there was no .— way to prevent environmental impact due to heavy traffic. He added that this concept would move traffic through at 30 miles per hour. 9:15 P.M. Mr. Spencer's motion to reconsider Mr. Hagerty's amendment to Article 15 was declared adopted by voice vote. 9:15 P.M. The Moderator stated that the amendment offered by Martin L. Hagerty (April 12, 1982 Session - See Page 94. ) was now before the meeting and read the amendment as follows: (Amend- Moved to amend Article 15 by adding at the end thereto the following ment phrase "provided that no monies shall be spent for the design, Lost) development or construction of any part of Bedford St. Mrs. Battin urged defeat of Mr. Hagerty's amendment. 9:16 P.M. Mr. Hagerty defended his amendment. He stated that he wanted a road to alleviate the traffic but wanted a road that they could live with. He added that he would like to see his amendment stand. 9:23 P.M. Jacquelyn R. Smith said that a majority of the Planning Board urged defeat of the amendment. She added that if nothing were to be done, there will be chaos. 9:25 P.M. Ephraim Weiss stated that he supported the people who live in the neighborhood and felt that widening was not the solution. He therefore urged support of the amendment. 9:28 P.M. Robert E. Fitzmaurice, a resident at 423 Bedford Street for 23 years, was recognized and spoke in favor of the service road. He had in his possession a petition that he had circulated in the neighborhood and he had almost unanimous support of the neighbors who wanted the frontage road. 9:30 P.M. Elaine Dratch questioned how the Selectmen would determine if the concept met the town's needs. 9:31 P.M. Mr. Busa stated that once the concept was put in motion, public hearings would be held. If there is to be no pedestrian overpass, the project would be stopped. 9:32 P.M. Walter Tonaszuk, DPW Director, said that one public hearing is required on all state construction projects. He added that there would be hearings in order to get input from the neighbors. 9:33 P.M. Voice vote on Mr. Hagerty's motion to amend Article 15 was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Sheila Busa-Tassone 15 2 0 Lynda A. Wik 17 3 11 Suanne C. Dillman 7 4 2 Peter C. J. Kelley 11 5 8 James L. Silva 9 4 Lam: (Adjourned Session of the 1982 Annual Town Meeting - May 10, 1982.) AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS Article 15. Standing vote (Cont.) on Mr. Hagerty's motion to amend Article 15: (Cont. ) Precinct In Favor Tellers Opposed 6 5 Edith Sandy 11 7 12 Winifred L. L. Friedman 4 8 7 Suzanne S. Frank 9 9 10 John C. Eddison 7 At Large 1 John R. Campbell 16 Totals 60 106 Mr. Hagerty's motion to amend Article 15 does not prevail. 9:38 P.M. The Moderator declared that the main motion, as presented by Alfred S. Busa, (April 12, 1982 Session. See Page 94.) was now before the meeting. 9:38 P.M. Thomas E. Fortmann moved to amend the main motion under Article 15 by adding the following words: All design work carried out on these projects must give the highest priority to full access by residents of adjacent neighborhoods and to safe passage in all directions by pedestrians and bicyclists. 9:39 P.M. Mr. Fortmann gave the following reasons for his amendment: 1. To provide a clear direction from Town Meeting and ensure that these priorities are not overlooked in subsequent design stages. 2. To provide the Engineering Department with explicit instructions that can be cited in the event that Lexington's priorities conflict with those of the Massachusetts Department of Public Works. 9:41 P.M. Mr. Busa voiced the support of the Board of Selectmen in regards to Mr. Fortmann's amendment. 9:41 P.M. Frank Sandy stated that the Planning Board unanimously supported the amendment offered by Mr. Fortmann. He emphasized that Mr. Busa had stated that if the overpass was not put in, the project would be stopped. 9:46 P.M. Amendment to Article 15, as offered by Mr. Fortmann, was declared adopted by voice vote. 9:49 P.M. Main motion as offered by Mr. Busa and amended by Mr. Fortmann now reads: (Art. 15 MOTION: That the Treasurer with the approval of the Selectmen be as authorized to issue Highway Reimbursement Notes of the Town in the adopted) amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici- pation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 351 and 732 of the Acts of 1981 and Chapter 570 of the Acts of 1980 and that 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 obligation; and that the Selectmen are authorized to accept highway funds from all sources. All design work carried out on these projects must give the highest priority to full access by residents of adjacent neighborhoods and to safe passage in all directions by pedestrians and bicyclists. Nyles Nathan Barnert voiced the support of the Capital Expenditures Committee on Article 15 as amended. 9:50 P.M. Martin L. Hagerty gave a lengthy explanation, being recognized for a second time by the Moderator, on the background leading up to tonight's proposal as far as the neighbors were concerned. 10:13 P.M. Lloyd Gilson moved the previous question which was declared adopted by voice vote. 10:13 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 10, 1982.) �.; Article 15. Rather than use the ten minutes allotted to him as the maker of the (Cont.) main motion, Mr. Busa asked that the vote be taken as he felt that there was nothing new to add. 10:13 P.M. Marian C. Reilly asked for some of Mr. Busa's time, which he gave, and she questioned the streets that were to be resurfaced. 10:14 P.M. Town Manager, Robert M. Hutchinson, Jr. and Walter Tonaszuk, DPW Director, showed on slides the streets that would be resurfaced although they were subject to change. Mr. Tonaszuk stated that the resurfacing would be to the existing street widths. There would be no widening. The total cost of Chapter 90 resurfacing would be $181,918. 10:20 P.M. Main motion as offered by Mr. Busa and amended by Mr. Fortmann was declared adopted by voice vote. (See Page 144 for motion as adopted. ) 10:20 P.M. Joseph 0. Rooney moved that Article 28 be taken from the table. This motion was declared adopted unanimously. 10:21 P.M. (See Page 100.) Article 28. LEXINGTON HOUSING AUTHORITY - REIMBURSEMENT FOR ATTORNEY'S FEES Presented by Joseph O. Rooney. MOTION: That the sum of $6,000.00 be appropriated for the Lexington Housing Authority for attorney fees incurred in connection with proposed housing projects, and that such amount be raised in the tax levy. Adopted unanimously. 10:23 P.M. Alfred S. Busa moved that line item #5400, Article 4 be taken from the table. This motion was declared adopted unanimously. 10:24 P.M. (See Pages 85 and 89.) Article 4. Highway and Traffic Division (Presented by Alfred S. Busa) #5400 Expenses 160 000. 10:24 P.M. (Although Mr. Busa did not read the second part under line item #5400 " (Of which $20,000 is to be transferred from the Parking Meter Fund. )" the Moderator ruled on May 11, 1982 by phone that the motion that had been before the meeting on May 10, 1982 was as originally presented and that the only change made by the Chairman of the Board of Selectmen was the dollar amount. Therefore, the following should be added to the appropriation under line item #5400.) (Of which $20,000 is to be transferred from the Parking Meter Fund. ) Frank Sandy raised the question of the resurfacing of Hancock Street. Walter Tonaszuk stated that Hancock Street is beyond resurfacing and that reconstruction is proposed. 10:25 P.M. Marian C. Reilly asked what improvement plans there were for Walnut Street. Mr. Busa stated that the plans were purely for resurfacing. 10:28 P.M. Marian C. Reilly moved to amend Article 4, line item 5400 by adding "provided that no monies be expended in reconstruction or resurfacing of Walnut St." 10:28 P.M. 146 (Adjourned Session of the 1982 Annual Town Meeting - May 10, 1982. ) Graydon M. Wheaton served notice of reconsideration of Article 15. 10:29 P.M. Article 4. Line item #5400 (Cont. ) Mrs. Reilly's motion to amend Article 4, line item #5400 was declared lost by voice vote. 10:31 P.M. Main motion under Article 4, line item #5400 as offered by Mr. Busa was declared adopted unanimously. 10:32 P.M. Article 2. Patricia A. Swanson gave the report of the Energy Conservation Committee. 10:34 P.M. Although this report was adopted unanimously it was not placed on file (in writing) at this session of town meeting. 10:34 P.M. (The above report was filed with the Town Clerk on October 1, 1982.) Alfred S. Busa moved that Article 24 be taken from the table. This motion was declared adopted unanimously. 10:35 P.M. (See Pages 99 and 104. ) Article 24. ENERGY CONSERVATION COMMITTEE Presented by Alfred S. Busa. MOTION: That the sum of $20,000 be appropriated for installing energy saving equipment in the public buildings of the Town, and that such amount be raised in the tax levy. 10:35 P.M. Nyles Nathan Barnert stated that the Capital Expenditures Committee supported this article. 10:36 P.M. Mr. Busa's motion was declared adopted unanimously. 10:37 P.M. Alfred S. Busa moved that this meeting be adjourned to Wednesday, May 12, 1982 at 8 P.M: in Cary Memorial Hall. 10:38 P.M. In response to a question raised by Walter N. Leutz, Alfred S. Busa, Chairman of the Board of Selectmen and Frank Sandy, Chairman of the Planning Board gave the probable order and dates that the remaining articles would be brought before the meeting for action. 10:42 P.M. Fred D. Rosenberg, Chairman of the Transportation Advisory Committee asked if the LEXPRESS article would be brought up on Wednesday and Mr. Busa answered in the affirmative. Arthur C. Smith moved to amend Mr. Busa's motion to adjourn by changing ~' the date to Monday, May 17, 1982 but this motion was defeated by voice vote. 10:43 P.M. --- Mr. Busa's motion to adjourn to Wednesday, May 12, 1982 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 10:44 P.M. A true copy. Attest: _/ " _ �fi` A J J Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING 11_47 MAY 12, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 165 Town Meeting Members present. The invocation was offered by The Reverend Paul Borthwick of Grace Chapel. 8:10 P.M. James F. Crain moved that Article 26 be taken up at this time. This motion was adopted unanimously. 8:10 P.M. (See Page 99.) Article 26. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM Presented by James F. Crain. (Sec. a. MOTION: (a) That the sum of $201,000 be appropriated for a local as transportation system, including purchase or lease of vehicles with adopted) the approval of the Selectmen, that to raise such amount $19,000 be transferred from the appropriation voted under Article 69 of the Warrant for the 1981 Annual Town Meeting, that $182,000 be raised in the tax levy, and that the Board of Selectmen be authorized to apply for, accept and expend funds from the M.B.T.A. or any other agency in connection with such local transportation system, and to contract with a private company to provide transportation services. (Sec. b. (b) That the Board of Selectmen be authorized to enter as into a lease purchase agreement for vehicles in connection with adopted) such local transportation system. 8:10 P.M. In his explanation, Mr. Crain said that a 2/3 vote was required on section b and praised the work of the Transportation Advisory Committee, describing the committee as a very unselfish committee. 8:14 P.M. Fred D. Rosenberg, Chairman of the Transportation Advisary Committee gave a review of the operation over the last three years and was recognized by the Moderator for the second time at 8:25 P.M. Regarding the ridership per vehicle hour - he explained that the first year the average was twenty per hour. This year averaged more than last year but a little less than the first year. He stated that the committee proposes $25,000 so that they can investigate the possibility of lease-purchasing buses so that the town would have more control over the buses. 8:28 P.M. Mr. Rosenberg moved that the motion be divided. The Moderator ruled that the motion was capable of division and it would therefore be divided. 8:28 P.M. David Enman of 70 Blake Road spoke for the handicapped residents and urged the support of the meeting on this article. 8:30 P.M. Moderator Cole left the podium as Moderator and read the following letter from a high school junior who wished to be anonymous: L- To all Town Meeting Members: I am a high school junior who would like to point out the importance of continuing LEXPRESS. I, as well as many of my peers, depend on the minibus for transportation after afternoon activities. In my case, without the LEXPRESS, I would be forced to quit an afternoon job. Others would have to curtail partici- pation in clubs, dramatics, or sports if they had no safe, reliable, year round transportation source. Most families cannot provide their youngsters with cars, if the child is a licensed driver. Few parents can act as chauffeurs, because of jobs of their own or other commitments. It is thus essential to have a reliable, 1 48 (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982.) Article 26. (Letter from high school junior (Cont. ) .) (Cont.) comprehensive public transportation system. To attract riders, a system must cover many neighborhoods and be dependable. Few teenagers would choose to use a system that either repeatedly left them stranded in Depot Square in winter or ran so late as to make them miss connections due to breakdowns or accidents. For the sake of energy conservation and any childred-be they elementary school students going to Hayden for swimming lessons or high school students trying to earn college tuition- I urge you to renew the LEXPRESS contract to continue to provide a viable alternative to the transportation problems. 8:33 P.M. William J. Dailey, Jr. stated that the Appropriation Committee had met with the Transportation Advisory Committee during the year and were very impressed. He added that the Appropriation Committee recommended the appropriation of $176,000. and said that this amount would be sufficient for a chair car. Mr. Dailey felt that if at any time the town meeting wished to discontinue the minibus service that it could be done, but, if the town purchased buses, it could not be stopped as easily. 8:38 P.M. William J. Dailey, Jr. moved to amend Article 26 to read as follows: (a) That the sum of $176,000 be appropriated for a local trans- portation system and that to raise said sum $157,000 be raised in the tax levy and $19,000 be transferred from the appropriation voted under Article 69 of the warrant for the 1981 Annual Town Meeting and that the Board of Selectmen be authorized to apply for, accept and expend funds from the MBTA or any other agency in connection with such local transportation system, and to contract with a private company to provide transportation services. 8:38 P.M. Alfred S. Busa, speaking as a minority member of the Board of Selectmen, voiced his support of Mr. Dailey's amendment. 8:43 P.M. �.. In answer to questions raised by James M. McLaughlin, James F. Crain stated that according to the present contract, the buses do not have to be housed in Lexington. If buses were to be purchased by the town, he said that the drivers would be sub-contracted and not employees of the town. 8:46 P.M. Nyles Nathan Barnert voiced the opposition of the Capital Expenditures Committee to Mr. Dailey's amendment. 8:47 P.M. After general discussion, a voice vote was taken on Mr. Dailey's motion to amend but was doubted by the Moderator and he asked for a standing vote: Precinct In Favor Tellers Opposed 1 5 Sheila Busa-Tassone 9 2 9 Lynda A. Wik 7 3 3 Suanne C. Dillman 11 4 3 Peter C. J. Kelley 10 5 9 James L. Silva 11 6 2 Edith Sandy 12 7 7 Winifred L. L. Friedman 10 8 9 Suzanne S. Frank 4 9 3 John C. Eddison 12 At Large 8 John R. Campbell 10 Totals 58 96 Mr. Dailey's motion to amend section a of Article 26 was declared lost. 8:57 P.M. After much discussion, William J. Dailey, Jr. moved that Article 26 be tabled. The Moderator stated that as tabeling is not a debatable motion, he cannot accept tabeling from someone who has alread made a speech. 9:24 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982.) 1 Q7 Article 26. J. Keith Butters moved the previous question. The Moderator stated (Cont.) that the previous question would only apply to section (a) as the article is divided. 9:26 P.M. Previous question is declared adopted by voice vote. 9:27 P.M. (Vote on Section (a) was declared adopted by voice vote. (See Page 147 for Sec. (a) . ) Section (a) as adopted. ) 9:27 P.M. .-- William J. Dailey, Jr. stated that the Appropriation Committee supported Section (b) . 9:28 P.M. Section (b) was declared adopted unanimously. (See Page 147 for Section (b) as adopted. ) 9:28 P.M. Article 51. CONVEY HENNESSEY RECREATION LAND Presented by Patricia A. Swanson. (Not MOTION: That the Selectmen be and they hereby are authorized to adopted) convey the land in North Lexington known as the Hennessey Recreation land to the Lexington Housing Authority for one dollar and upon such other terms as they may determine for use for subsidized low and moderate income housing. 9:30 P.M. After Mrs. Swanson gave a short explanation of her motion, John E. Taylor spoke in opposition in behalf of the North Lexington Associates of which he is President. 9:35 P.M. Dr. John M. Bergmeyer, a resident at 11 Mountain Road, spoke in opposition and filed a petition signed by 100 residents of the immediate neighborhood opposed to this article. 9:38 P.M. Lloyd Gilson, with the aid of slides, and Fred Morris, a resident at 31 Robinson Road, both voiced their opposition. 9:47 P.M. Roger Trudeau, a Town Meeting Member who lives in the area, said that although he and his family had,and still do, use the recreation land, he would vote in favor of this motion. 9:52 P.M. Angela E. Frick, spoke for the Conservation Commission in opposition as did Judith J. Uhrig for the Recreation Committee. 9:58 P.M. Donald D. Wilson stated that, at the present time, the Lexington Housing Authority has_ no plans or funds for housing. If this motion is adopted, they will then look for funds and will check out the possibilities for housing. 10:05 P.M. Mary E. Shunney said that the Housing Authority had to have ownership of the land before they can get any funding. 10:08 P.M. Albert P. Zabin spoke in opposition to the motion. 10:13 P.M. John F. Downey, Jr. moved the previous question which was declared adopted by voice vote. 10:17 P.M. Jonathan P. Doran requested a roll call vote on the main motion. The Moderator asked that those members in favor of a roll call vote stand to be counted. Results as follows: Precinct In Favor Tellers 1 10 Sheila Busa-Tassone 2 5 Lynda A. Wik 3 3 Suanne C. Dillman 4 2 Peter C. J. Kelley 5 5 James L. Silva 6 2 Edith Sandy (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982. ) Article 51. (Standing vote on motion to have a roll call vote: (Cont.) (Cont. ) Precinct In Favor Tellers 7 8 Winifred L. L. Friedman 8 6 Suzanne S. Frank 9 7 John C. Eddison At Large 9 John R. Campbell Total 57 More than the required 50 members having voted in favor of —> having a roll call vote, the Moderator stated that there would be a call of the roll on the main motion as offered by Mrs. Swanson. 10:18 P.M. As a former member of the Lexington Housing Authority, William T. Spencer spoke in favor of the motion. 10:22 P.M. Article 2. Frank Sandy voiced the unanimous opposition of the Planning Board to Article 51. 10:25 P.M. Article 51. The roll call vote on the main motion offered by Patricia A. Swanson (Cont. ) was taken by the Town Clerk, Mary R. McDonough, starting at 10:30 P.M. and completed at 10:40 P.M. The final tally was completed at 10:44 P.M. with the following results: (Final result announced by the Moderator at 10:44 P.M. ) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 51 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x ,� Nancy M. Adler x John T. Avery x James E. Barry x Nancy L. Barter x Robert E. Breslin x Sheila Busa-Tassone x James Cataldo x Ralph A. Cataldo x Sheila Clemon-Karp x Mark Doran x David F. Eagle x Patricia K. Hagedorn x Cornelia C. Johnson x Ronald Levy x William E. Maloney, Jr. x Barry E. Sampson x Marie T. Walton x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 9 8 0 4 PRECINCT TWO Julian J. Bussgang x Elizabeth H. Clarke x Eric T. Clarke x John Thomas Cunha x Karen A. Dooks x George E. Foote x Lillian T. MacArthur x Barry H. Marshall x Frank I. Michelman x Michael J. O'Sullivan x (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982.) 151 Article 51. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 51 (Cont.) (Cont.) PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT Elizabeth H. Pressman x Arthur C. Smith x Elaine M. Sullivan x Patricia A. Swanson x Judith J. Totman x Christina J. Welch x •--- William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 4 12 0 5 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x Erna S. Greene x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x John J. McWeeney x James P. Reilly x Marian C. Reilly x William A. Ridgley x Paul V. Riff in x Marie E. Roberts x Robert I. Rotberg x Jacquelyn R. Smith x Richard W. Souza x TOTALS 3 13 0 5 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x William J. Dailey, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Joyce Hals x Peter C. J. Kelley x Daniel L. McCabe x Richard F. Perry x Margaret F. Rawls 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 Germania B. Whiting x TOTALS 5 14 0 2 152 (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982.) Article 51. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 51. (Cont.) (Cont.) PRECINCT FIVE YES NO ABSTAINED ABSENT Florence A. Baturin x Steven A. Clark x Howard Cravis x Wallace Cupp x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Joseph F. Gilbert, Jr. x J Paul E. Hamburger x John Orin Hayward x Leona W. Martin x George F. McCormack x Stephen W. Miller x Madeline A. Shaughnessy x James L. Silva x Edgar R. Stuhr x Julie F. Triessl x Ephraim Weiss x David G. Williams x Mary Kathryn Wolf _ x TOTALS 2 18 0 1 PRECINCT SIX Earl F. Baldwin, Jr. x Susan S. Beck x Margaret N. Brooke x Levi G. Burnell x J. Keith Butters x ' John F. Downey, Jr. x Thomas E. Fortmann x Harry A. Hall, III x Judith B. Marshall x Paul W. Marshall x James L. McDevitt x Ruth Joyce Nablo '� 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 John S. Willson x TOTALS 6 12 0 3 PRECINCT SEVEN Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Renee T. Cochin x Manfred P. Friedman Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Martin L. Hagerty x Mary W. Miley x Myron L. Miller x Alice M. Pierce x David Reiner x William J. Scouler x John E. Taylor x Roger G. Trudeau x (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982.) 1. 5 Article 51. ROLL CALL VOTE ON THE MAIN MOTION UNDER ARTICLE 51. (Cont.) (Cont.) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Martha C. Wood x TOTALS 2 16 0 3 PRECINCT EIGHT Richard H. Battin x G. Richard Beamon x Robert E. Bond x Charles E. Connolly x Charles E. Connolly, Jr. x William P. Fitzgerald x Suzanne S. Frank x Ione D. Garing x Walter N. Leutz x Anthony L. Mancini A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x Jack Sarmanian x Anne R. Scigliano x Mary E. Shunney x Richardson C. Smith x Carolyn H. Tiffany x Stanley E. Toye x TOTALS 4 11 0 6 PRECINCT NINE Alice J. Adler - x Kenneth 0. Alves x Gordon E. Barnes, Jr. x Jane P. Buckley x Joan N. L. Collins x Louise G. R. Colwell x Ronald W. Colwell x Louis E. Conrad x Anna P. Currin x John C. Eddison x James J. Findley x Deborah B. Green x William P. Kennedy x Iris E. Larssen x Paul E. Mazerall x Richard M. Perry x Daniel E. Power x Susan J. Ricci x Fred D. Rosenberg x James J. Scanlon x Donald J. Shaw x TOTALS 3 13 0 5 154 (Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982. ) Article 51. ROLL CALL VOTE ON THE MAIN MOTION UNDER ARTICLE 51. (Cont.) (Cont. ) TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT Margery M. Battin x James C. Beck x Alfred S. Busa x Norman P. Cohen x Lincoln P. Cole, Jr. x James F. Crain x Stephen W. Doran x , Mary R. McDonough x Stephen Michael Politi x Robert F. Sacco x Louis A. Zehner x TOTALS 1 7 2 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS 1 9 8 0 4 21 2 4 12 0 5 21 3 3 13 0 5 21 4 5 14 0 2 21 5 2 18 0 1 21 6 6 12 0 3 21 7 2 16 0 3 21 8 4 11 0 6 21 9 3 13 0 5 21 At Large 1 7 2 1 11 TOTALS 39 124 2 35 200 The Moderator declared that the main motion under Article 51 as offered by Mrs. Swanson was not adopted. 10:45 P.M. Alfred S. Busa moved that this meeting be adjourned to Monday, May 17, 1982 at 8 P.M. in Cary Memorial Hall at 8 P.M. This motion was adopted by voice vote. 10:45 P.M. A true copy. Attest: O 4t-v1.,„,;,e Mary R. McDonough, Town Clerk — - -- ----- ------- ---- - - 1 ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING ? c5 MAY 17, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and was immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:14 P.M. There were 167 Town Meeting Members present. The invocation was offered by Rabbi Richard I. Meirowitz of the Temple Emunah. 8:15 P.M. P Article 2. Steven A. Clark moved that the Accessory Apartment Committee Report be accepted and placed on file. Adopted unanimously. 8:17 P.M. Alfred S. Busa, Chairman of the Board of Selectmen, reported that he planned to move that Articles 52 and 53 be tabled and that they would be brought before the meeting on June 16, 1982. He added that the Planning Board had to hold a public hearing. 8:17 P.M. Margaret F. Rawls asked when the_ Planning Board planned to have the hearing on Article 53. Frank Sandy, Chairman of the Planning Board, answered that the public notice would be in this week's (May 20, 1982) Lexington Minute-man and that the hearing would be held on June 3, 1982 at 7:30 P.M. in this hall. 8:18 P.M. Article 52. MUZZEY CONVEYANCE (See Alfred S. Busa moved that Article 52 be tabled. Pages 173 - Adopted unanimously. 8:19 P.M. 175.) Article 53. REZONE RS TO CD, CONTROLLED COMMERCIAL, (See MUZZEY JUNIOR HIGH SCHOOL Pages 171 - Alfred S. Busa moved that Article 53 be tabled. 173.) Adopted unanimously. 8:19 P.M. Article 2. James F. Crain, Selectman, informed the meeting that the report on the Adams School (Articles 54 and 55) was on the back table and he hoped that the Town Meeting Members would take advantage of it and if there were any questions during the day, Beatrice Phair should be contacted at the Town Hall. He added that a motion for indefinite postponement would be offered under Article 56. 8:19 P.M. Article 54. ADAMS-EXTEND HISTORIC DISTRICT Presented by James F. Crain. (See MOTION: That the Selectmen be and they hereby are authorized to Chapter petition the General Court for an act to amend Chapter 447 of the 375 - Acts of 1956, as amended, to expand the East Village District to Acts of include the Adams School property. 1982.) 8:22 P.M. Mr. Crain voiced the unanimous approval of the Board of Selectmen as did Martin A. Gilman for the Lexington Historical Commission. 8:26 P.M. Mr. Crain's motion was declared adopted by voice vote. 8:27 P.M. 156 (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) Article 55. ADAMS CONVEYANCE (See James F. Crain moved that Article 55 be tabled. Pages 167 & 168) Adopted unanimously. 8:27 P.M. Article 56. REZONE RT TO CD, CONTROLLED COMMERCIAL DISTRICT, ADAMS SCHOOL Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:27 P.M. Stephen Michael Politi moved that Article 46 be taken off the table. This motion was adopted unanimously. 8:28 P.M. (See Pages 113 and 135. ) Article 46. ACCEPT CH. 59, SEC. 5, CL. 17C Presented by Stephen Michael Politi. (See MOTION: That this article be indefinitely postponed. (This motion Page was presented by Mr. Politi at the April 26, 1982 session of this 157 town meeting - see page 113.) for motion Stephen W. Doran, James E. Barry, William R. Page and Elaine Dratch as spoke against indefinite postponement of Article 46 and in favor of adopted) the acceptance of Chapter 59, Section 5, Clause 17C. 8:46 P.M. Selectman James F. Crain supported the motion to indefinitely postpone. 8:48 P.M. In answer to a question raised by William T. Spencer, Mr. Politi stated that there is no statutory amount as far as abatement goes. He added that there are no guidelines in the law. It is up to the discretion of the individual Board of Assessors. 8:52 P.M. William J. Scouler asked how many dollarswould be involved and Mr. Politi answered that, at the present time, there are 34 applicants with an approximate figure of $6,400. 8:58 P.M. Ephraim Weiss and J. Keith Butters spoke against indefinite post- ponement and Town Manager, Robert M. Hutchinson, Jr. spoke in favor. 9:04 P.M. James E. Barry asked that a roll call vote be taken on the motion to indefinitely postpone Article 46 but less than the required 50 members were in favor so the Moderator ruled that a call of the roll would not be taken. 9:07 P.M. Jacquelyn H. Ward spoke in favor of indefinite postponement. 9:08 P.M. Ronald Levy asked the Appropriation Committee for their recommendation. William J. Dailey, Jr. , Chairman of the Appropriation Committee, stated that his committee had met with the Council on Aging earlier this year and that the Council was not concerned. He added that the Appropriation Committee is in favor of the motion to indefinitely postpone Article 46. 9:09 P.M. Suzanne S. Frank felt that there might be people in town, including minors, who would not be aware that they could file for an abate- ment and that a notice should be put with the tax bill when it is being mailed. 9:15 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) 1_�'3 Article 46. When asked by Patricia K. Hagedorn what the definition of "truly (Cont.) needy" was, Mr. Politi answered that it was not up to the Board of Selectmen to make that determination - that was the responsibility of the Board of Assessors. 9:17 P.M. John F. Downey, Jr. moved the previous question. This motion was adopted by voice vote. 9:20 P.M. Motion to indefinitely postpone Article 46, as offered by Mr. Politi, was declared adopted by voice vote, which was doubted by more than 20 members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Sheila Busa-Tassone 14 2 7 Lynda A. Wik 5 3 7 Suanne C. Dillman 9 4 10 Peter C. J. Kelley 4 5 7 James L. Silva 12 6 3 Edith Sandy 13 7 5 Winifred L. L. Friedman 8 8 - 4 Suzanne S. Frank 8 9 6 John C. Eddison 14 At Large 19 John R. Campbell 2 Totals 72 89 Motion to indefinitely postpone Article 46 does not prevail. 9:25 P.M. Stephen Michael Politi offered the following motion under Article 46: (As MOTION: That the Town accept Clause Seventeenth C of Section 5 of adopted) Chapter 59 of the General Laws. 9:25 P.M. (CHAPTER 59, SECTION 5 G.L. CERTAIN PROPERTY AND POLLS EXEMPTED. CLAUSE 17C. REAL ESTATE.) Mr. Politi's motion was declared adopted by voice vote. 9:25 P.M. Article 57. SPECIAL PERMITS, TRAFFIC CONSIDERATIONS Presented by Frank Sandy. (See Pg. MOTION: That the Zoning By-Law of the Town be amended as set forth 158 for in the motion attached to the report of the Planning Board on this motion article. 9:27 P.M. as adopted) (Article 57 as set forth in the motion attached to the report of the Planning Board on this article: MOTION: That the Zoning By-Law be amended by striking from Section 3.4 SPECIAL PERMIT WITH SITE PLAN REVIEW (SPS) the second sentence and inserting in place thereof the following two sentences: "In such cases, a special permit may be issued only if the SPGA makes a finding and determination that: 1) the proposed placement of buildings, 2) major topographic changes, 3) surface and ground water drainage and erosion control, 4) protection against flooding and inundation, 5) prevention of water pollution and environmental damage, 6) provision for adequate utility services and waste disposal, 7) provision for off-street parking, 8) provision for off-street loading, 9) location of intersections of driveways and streets, and 10) effects of traffic created by the develop- ment on adjacent streets, will constitute a suitable development and will not result in substantial detriment to the neighborhood. In making a finding and determination, the SPGA shall consider 1138 (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) Article 57. (Article 57 as set forth in the motion attached to the report of the (Cont. ) Planning Board on this article: (Cont.) the effects of additional traffic created by the development on adjacent streets and prior to granting an SPS shall make a finding that the traffic capacity of the streets adjacent to the develop- ment is adequate to handle the additional traffic created by the development.") Frank Sandy filed the Planning Board Report on Article 57. 9:35 P.M. Frank Sandy stated that the Planning Board unanimously supported this article and recommended its approval by Town Meeting. 9:35 P.M. Elaine Dratch moved to amend as follows: Remove the period at the end and add: and that the amount of traffic generated by the new development will not adversely affect the adjoining neighborhoods. 9:44 P.M. Mrs. Dratch, with the unanimous consent of the meeting, withdrew her motion to amend. 9:49 P.M. Martin L. Hagerty voiced concern over the legalities. Town Counsel, Norman P. Cohen answered that he agreed with the way Mr. Sandy had presented this article. He added that while they could consider traffic in their site plan review, they could not consider traffic on adjacent streets. 9:52 P.M. Motion under Article 57 was declared adopted unanimously. 9:53 P.M. Adopted motion under Article 57 reads as follows: (As MOTION: That the Zoning By-Law be amended by striking from Section adopted) 3.4 SPECIAL PERMIT WITH SITE PLAN REVIEW (SPS) the second sentence and inserting in place thereof the following two sentences: (Approved by Atty. "In such cases, a special permit may be issued only if the SPGA General, makes a finding and determination that: 1) the proposed place- Oct. 15, ment of buildings, 2) major topographic changes, 3) surface and 1982. ground water drainage and erosion control, 4) protection against Posted in flooding and inundation, 5) prevention of water pollution and Town environmental damage, 6) provision for adequate utility services Office and waste disposal, 7) provision for off-street parking, 8) provi- Building sion for off-street loading, 9) location of intersections of & nine driveways and streets, and 10) effects of traffic created by the precincts development on adjacent streets, will constitute a suitable on Nov. 3, development and will not result in substantial detriment to the 1982. ) neighborhood. In making a finding and determination, the SPGA shall consider the effects of additional traffic created by the development on adjacent streets and prior to granting an SPS shall make a finding that the traffic capacity of the streets adjacent to the development is adequate to handle the additional traffic created by the development." Adopted unanimously. 9:53 P.M. Article 58. TIME OF HEARING, CONVERSION OF MUNICIPAL BUILDINGS Presented by Judith J. Uhrig. (See MOTION: That the Zoning By-Law of the Town be amended as set forth Page in the article. 9:54 P.M. 160 for motion (Article 58 as set forth in the article: as adopted) To see if the Town will vote to amend the Zoning By-Law in Section 9.3.3, which deals with a public hearing by the Planning Board on a development proposal to convert a municipal building, by striking in its entirety paragraph 9.3.3, which reads: (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) 159 Article 58. (Article 58 as set forth in the article: (Cont.) (Cont. ) 9.3.3 PUBLIC HEARING PRIOR TO TOWN MEETING The Planning Board shall hold a public hearing on a development proposal prior to Town Meeting. The procedure for such public hearings shall be governed by the procedure governing hearings on proposed amendments to the Zoning By-Law. -- and inserting in place thereof the following: 9.3.3 PUBLIC HEARING BY THE PLANNING BOARD The Planning Board shall hold a public hearing on a development proposal prior to a vote on the development plan by the Town Meeting. The procedure for such public hearing shall be the same as the procedure for proposed amendments to the Zoning By-Law. and by changing the order and number of the following paragraphs in Section 9.3: 9.3.2, 9.3.4, and 9.3.6 so that the order of paragraphs in Section 9.3, as amended, will be: 9.3.1 GENERAL OBJECTIVES 9.3.2 PERMITTED TYPES OF HOUSING 9.3.3 PUBLIC HEARING BY THE PLANNING BOARD 9.3.4 PLANNING BOARD REPORT TO TOWN MEETING 9.3.5 PLAN SUBMITTED TO TOWN MEETING 9.3.6 SPGA or act in any other manner in relation thereto.) Mrs. Uhrig filed the report of the Planning Board on Article 58. 9:56 P.M. Mrs. Uhrig stated that the Planning Board unanimously supported this article and recommended that it be approved by the Town Meeting. 9:56 P.M. Margaret F. Rawls moved that the motion under Article 58 be amended by substituting the following first sentence in Section 9.3.3: "The Planning Board shall hold a public hearing on the development proposal prior to the first deliberative session of Town Meeting." 9:58 P.M. The Moderator called a five minute recess at 10:03 P.M. and re- convened the meeting at 10:12 P.M. Selectman Alfred S. Busa urged defeat of the amendment and Albert P. Zabin and Manfred P. Friedman, both former members of the Planning Board, supported the amendment - Mrs. Rawl's amendment. 10:17 P.M. In answer to a question raised by Julian J. Bussgang, Town Counsel, Norman P. Cohen stated that this article would not have any affect on this town meeting. 10:18 P.M. Mrs. Rawl's motion to amend Article 58 was declared adopted by voice vote. 10:19 P.M. 1 6O (Adjourned Session of the 1982 Annual Town Meeting held May 17, 1982.) Article 58. Main motion, as amended by Mrs. Rawls, now reads: (Cont. ) MOTION: That the Zoning By-Law be amended in Section 9.3.3, which (As deals with a public hearing by the Planning Board on a development adopted) proposal to convert a municipal building, by striking in its entirety paragraph 9.3.3, which reads: (Approved by Atty. 9.3.3 PUBLIC HEARING PRIOR TO TOWN MEETING General, Oct. 15, The Planning Board shall hold a public hearing on a develop- 1982. ment proposal prior to Town Meeting. The procedure for such public hearings shall be governed by the procedure Posted in governing hearings on proposed amendments to the Zoning Town By-Law. Office Building and inserting in place thereof the following: & nine precincts 9.3.3 PUBLIC HEARING BY THE PLANNING BOARD on Nov. 3, 1982. ) The Planning Board shall hold a public hearing on the development proposal prior to the first deliberative session of Town Meeting. The procedure for such public hearing shall be the same as the procedure for proposed amendments to the Zoning By-Law. and by changing the order and number of the following paragraphs in Section 9.3: 9.3.2, 9.3.4, and 9.3.6 so that the order of paragraphs in Section 9.3, as amended, will be: 9.3.1 GENERAL OBJECTIVES 9.3.2 PERMITTED TYPES OF HOUSING 9.3.3 PUBLIC HEARING BY THE PLANNING BOARD 9.3.4 PLANNING BOARD REPORT TO TOWN MEETING 9. 3.5 PLAN SUBMITTED TO TOWN MEETING .� 9.3.6 SPGA Main motion, as amended, declared adopted unanimously. 10:19 P.M. Article 59. (See Page 140. ) REZONE TO CD, MARRETT ROAD NEAR MINUTEMAN SCHOOL Article 60. (See Pages 137 to 139. ) REZONE TO CD, MARRETT ROAD AT LINCOLN STREET Article 61. REZONE TO CD, HARTWELL AVENUE AND WOOD STREET Frank Sandy moved that Article 61 be deferred to the next session of this town meeting. 10:19 P.M. Martin L. Hagerty felt that there should be time for the Town Meeting to read and digest any information available on this article. Mr. Sandy answered that if the next session was on Wednesday (May 19) there would not be time to have any information mailed but that it would be on the table in the back of the hall. If the next session of this meeting was to be on next Monday (May 24) , the Planning Board should have time to mail the information to the Town Meeting Members. 10:21 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) ii 6.t Article 61. Alfred S. Busa moved that when this meeting is adjourned, that (Cont.) it be adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall. 10:23 P.M. Robert I. Rotberg moved that this meeting be adjourned to Wednesday, May 19, 1982 at 8 P.M. 10:27 P.M. Voice vote on Mr. Rotberg's motion was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Sheila Busa-Tassone No 2 0 Lynda A. Wik 3 9 Suanne C. Dillman vote 4 6 Peter C. J. Kelley 5 12 James L. Silva taken. 6 6 Edith Sandy 7 7 Winifred L. L. Friedman 8 5 Suzanne S. Frank 9 14 John C. Eddison At Large 6 John R. Campbell Total 67 There was confusion among the Town Meeting Members as to what the standing vote was for, so the Moderator., after explaining that the vote was on Mr. Rotberg's motion to adjourn to Wednesday, May 19, 1982 at 8 P.M. , asked that the standing vote be repeated with results as follows: Precinct In Favor Tellers Opposed 1 2 Sheila Busa-Tassone 13 2 0 Lynda A. Wik 15 3 8 Suanne C. Dillman 6 4 6 Peter C. J. Kelley 8 5 12 James L. Silva 5 6 6 Edith Sandy 9 7 3 Winifred L. L. Friedman 8 8 3 Suzanne S. Frank 8 9 14 John C. Eddison 3 At Large 4 John R. Campbell 14 Totals 58 89 Mr. Rotberg's motion to adjourn to Wednesday, May 19, 1982 at 8 P.M. does not prevail. 10:31 P.M. Mr. Busa's motion that when this meeting is adjourned, that it be adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall was voted on, but the voice vote was doubted so a standing vote was taken as follows: (voice vote had been declared adopted) Precinct In Favor Tellers Opposed 1 14 Sheila Busa-Tassone 3 2 10 Lynda A. Wik 4 3 1 Suanne C. Dillman 15 4 7 Peter C. J. Kelley 6 5 11 James L. Silva 6 6 5 Edith Sandy 9 7 7 Winifred L. L. Friedman 5 8 7 Suzanne S. Frank 4 9 4 John C. Eddison 12 At Large 14 John R. Campbell 6 Totals 80 70 Mr. Busa's motion that when this meeting is adjourned, that it be adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall was declared adopted. 10:34 P.M. 1 -62 (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982. ) Article 61. (Cont. ) Richard A. Michelson served notice of reconsideration of Mr. Busa's motion that when the meeting is adjourned that it be adjourned to Monday, May 24, 1982 at 8 P.M. 10:35 P.M. Martin L. Hagerty moved to amend Mr. Sandy's original motion but immediately withdrew his motion. 10:36 P.M. 9 Martin L. Hagerty again moved to amend Mr. Sandy's original motion by moving to postpone action on Article 61 until June 16, 1982. 10:40 P.M. Frank Sandy stated that postponing action on Article 61 was agreeable to him but James E. Barry said that if too many articles were postponed to June 16, 1982 that it would be July 16, 1982 before the 1982 Annual Town Meeting would be completed. 10:40 P.M. Mr. Hagerty's motion was declared lost by voice vote. 10:40 P.M. Mr. Sandy's motion to postpone action on Article 61 until the next session was declared adopted by voice vote. 10:40 P.M. (The next session will be on May 24, 1982 as previously voted - See Page 161. ) (See Pages 164-166. ) Alfred S. Busa moved that this meeting be adjourned at this time to the date previously set (See Page 161.) . This motion was declared lost by voice vote. 10:41 P.M. Article 62. REZONE TO RD, WALTHAM ST. , NEAR TOWN LINE Presented by Frank Sandy. (Not MOTION: That the Town amend the Zoning By-Law by changing the adopted) district designation from RO, One-Family Dwelling, to RD, Multi- Family Dwelling, of land on the easterly side of Waltham Street, near the Waltham City line, bounded and described as set forth in Article 62 of the Warrant for the 1982 Annual Town Meeting. 10:42 P.M. (Article 62 as set forth in Article 62 of the Warrant for the 1982 Annual Town Meeting: To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One-Family Dwelling to RD, Multi-Family Dwelling, of land on the easterly side of Waltham Street, near the Waltham City line, bounded and described as follows: WESTERLY by Waltham Street, three hundred sixty (360) feet, more or less; NORTHERLY by land of Kasparian, three hundred sixty-eight (368) feet; WESTERLY & by land of Kasparian and Brash to land now or NORTHERLY formerly of Ballou; two hundred twenty (220) feet, more or less; EASTERLY by land formerly of Ballou, six and 06/100 (6.06) feet; NORTHERLY by land formerly of Ballou, one hundred twelve and 07/100 (112.07) feet; EASTERLY by land formerly of Ballou and by land of the Town of Lexington, five hundred sixty-six and 35/100 (566.35) feet; SOUTHERLY by land of the Town of Lexington, one hundred nine and 30/100 (109.30) feet; (Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) 1 63 Article 62. (Article 62 as set forth in Article 62 of the Warrant for the 1982 (Cont.) Annual Town Meeting: (Cont.) EASTERLY by land of the Town of Lexington, fourteen and 33/100 (14.33) feet; NORTHEASTERLY by land of the Town of Lexington one hundred eighteen (118) feet, more or less, to land of DeVincent; SOUTHEASTERLY by land of DeVincent, fifty-seven (57) feet; SOUTHWESTERLY by land of Ricci, three hundred eighty-five (385) feet, more or less to the center line of the brook; SOUTHERLY by land of Ricci, two hundred twenty-one (221) feet, more or less; SOUTHEASTERLY by land of Ricci, one hundred thirty-seven (137) feet to the center line of the old county road; SOUTHWESTERLY by the center line of the old county road ninety-two (92) feet; SOUTHERLY by land of Ricci, forty (40) feet, more or less; SOUTHERLY by land of Ricci, one hundred (100) feet, more or less to Waltham Street and the point of beginning. comprising 6.75 acres, more or less, all such distances and measurements being approximate; or act in any other manner in relation thereto.) Frank Sandy filed the Planning Board Report covering Article 62. 10:42 P.M. Mr. Sandy explained that the Planning Board does not support this article and recommended unanimously that the Town Meeting not approve it. He added that this is the third consecutive year that there has been an article for rezoning this land. He said that the Planning Board recommends that this article be brought to a vote by the Town Meeting (and defeated) so that Section 5 of Chapter 40A, The Zoning Act, will then be in effect. That section, which seeks to prevent repetetive petitions, provides that "no proposed zoning. . . .by-law which has been unfavorably acted upon by a. . . town meeting shall be considered by the town meeting within two years after the date of such unfavorable action unless the adoption of such proposed. . . .by-law is recommended in the final report of the planning board." 10:44 P.M. Jacqueline B. Davison asked that Malcolm Kasparian, an abutter to the property in question, be recognized. Mr. Kasparian showed slides of the area on Waltham Street to back up his voiced opposition. He urged defeat of this article. 11:01 P.M. Charles E. Connolly moved the previous question which was declared adopted by voice vote. 11:02 P.M. Main motion, as offered by Mr. Sandy, was declared lost unanimously. 11:02 P.M. Patricia K. Hagedorn served notice of reconsideration of Article 62. 11:03 P.M. be adjourned Manfred P. Friedman moved that this meeting/to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall. 11:03 P.M. Arthur C. Smith asked Selectman James F. Crain if the Adams School Conveyance was going to be brought up next Monday and Mr. Crain answered in the affirmative. Mr. Friedman's motion to adjourn to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 11:05 P.M. A true copy. Attest: � 'Awl o`��YyW� r4ar�Y R. McDonough, Town Clerk 14 ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING MAY 24, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:12 P.M. There were 169 Town Meeting Members present. The invocation was offered by Reverend Father Martin U. McCabe, pastor of the Sacred Heart Church. 8:13 P.M. li] Article 61. (See Pages 160 - 162.) REZONE TO CD, HARTWELL AVENUE AND WOOD STREET Presented by Michael J. O'Sullivan. MOTION: That the Town amend the Zoning By-Law by changing the (As district designation from RO, One Family Dwelling and CM, Manufac- adopted) turing and Research Park, to CD, Controlled Commercial and Industrial, of land on Hartwell Avenue, near the intersection of Hartwell Avenue (Approved and Wood Street, being a portion of land commonly known as the by Atty. Cosgrove property, bounded and described as follows: General, Oct. 15, Beginning at a point along the easterly sideline of Hartwell 1982. Avenue, said point being 843 feet northeasterly from the northerly Posted in sideline of Wood Street; Town Office thence northeasterly along the easterly sideline of Hartwell Avenue Building a distance of 205 feet; & nine precincts thence northeasterly along the property line of land now or formerly on Nov. 3, of Hartwell Realty a distance of 111 feet; 1982. ) thence southeasterly, continuing along the property line of land now li] or formerly of Hartwell Realty, a distance of 249 feet; thence northeasterly, continuing along the property line of land now or formerly of Hartwell Realty, a distance of 844 feet to the middle of Shawsheen Brook; thence southerly along the middle of Shawsheen Brook a distance of 470 feet; thence southwesterly along the property line of land now or formerly of the Town of Lexington a distance of 773 feet; thence northwesterly through the property line of land now or formerly of Cosgrove a distance of 750 feet to the easterly sideline of Hartwell Avenue and the point of beginning; containing an area of approximately 11.7 acres; all such distances being approximate. Said land is shown on a plan entitled "Plan of Zoning Lexington, Mass. " dated April 26, 1982, a copy of which is on file with the Lexington Town Clerk, such land to be re-zoned being a portion of two contiguous parcels of land in Lexington lying on the easterly side of Hartwell Avenue, those two contiguous parcels being Lot 12 on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lex- ington, Mass. " by F. P. Cutter, Surveyor, recorded with Middlesex South District Registry of Deeds on June 9, 1897, in Plan Book 104, Page 24, a copy of which is on file with the Town Clerk, and being Lot 31 on Land Court Plan No. 6686W, filed with Certificate of ,._.. Title No. 8835, South Registry District of Middlesex County, a copy of which is on file with the Town Clerk. The preliminary site development and use plan for such zoning district shall be the plan dated May 19, 1982 filed with the Town Clerk. 8:18 P.M. Julian J. Bussgang was recognized and he stated that he would abstain from voting on Article 61. Written notification was filed by Christine J. Welch and Alice M. Pierce both stating that they were abstaining from voting on this article. 8:18 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982. ) t Article 61. (On May 25, 1982, the day after town meeting, the following was (Cont.) filed with the Town Clerk by the clerk from the Planning Board: STIPULATION We, Marie Maguire, James Cosgrove and Eleanor Cosgrove, hereby stipulate that we will not build, develop or change the natural state of Parcel C as shown on the Illustrative Site Plan and Set- back Plan both dated April 26, 1982, drawn by Beckstoffer & Associates, as submitted by Spaulding & Sly Corporation to the Lexington Planning Board. •— We further stipulate that upon approval of the CD rezoning, Lot C will not be developed: no building, structure, sign or paving may be constructed or installed on Lot C. Any sale or transfer of rights or interest in Lot C shall include a condition that successors or assigns are bound to the terms and conditions of this site development and use plan. Dated: May 24, 1982 /Signed/ Marie Maguire /Signed/ James V. Cosgrove /Signed/ Eleanor M. Cosgrove) Judith J. Uhrig filed written notice that she would abstain from voting on Article 61. Julian J. Bussgang spoke as President of Signatron and gave the history of the company which employs one hundred employees. He showed vicinity maps and said that Lot C would not be developed under the CD zone. 8:30 P.M. Herman Beckstoffer of Beckstoffer & Associates, Architects and Planners, gave a further explanation of the proposal of this three story building . 8:35 P.M. Mr. Bussgang went on to explain that there would be approximately 45 cars arriving at the peak hour traffic and that parking will be restricted in the parking lot from 7:30 A.M. to 8:30 A.M. 8:43 P.M. Karsten Sorensen filed the Report of the Planning Board on Article 61 and he stated that the Planning Board unanimously supported this article. 8:46 P.M. Martin L. Hagerty questioned the restrictions on the parking in the early morning and spoke against the article. 9 P.M. David G. Williams voiced the concern of the Conservation Commission about the sensitivity of the site. 9:03 P.M. Margaret F. Rawls questioned the drainage and wondered how the water was to be controlled. She added that she did not see the need for any more commercial rezoning. 9:07 P.M. Mr. Berkstoffer explained that there would be a three foot high dike and he did not expect any flooding in the parking lot. 9:10 P.M. Patricia K. Hagedorn and Ronald W. Colwell voiced their approval and James E. Barry spoke in opposition. 9:17 P.M. Alfred S. Busa stated that the Board of Selectmen unanimously support this article. 9:20 P.M. Voice vote on Mr. O'Sullivan's main motion was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Sheila Busa-Tassone 2 2 18 Lynda A. Wik 0 3 17 Suanne C. Dillman 1 4 6 Peter C. J. Kelley 5 5 13 James L. Silva 3 6 18 Edith Sandy 1 1 ((.��D 11 V�' (Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982.) Article 61. Standing vote on Mr. O'Sullivan's main motion (Cont. ) (Cont.) Precinct In Favor Tellers Opposed 7 4 Winifred L. L. Friedman 11 8 14 Suzanne S. Frank 4 9 5 John C. Eddison 11 At Large 16 John R. Campbell 0 Totals 126 38 More than the required two-thirds having voted in favor, the main motion as presented by Mr. O'Sullivan was declared adopted. 9:24 P.M. Article 62. (See Pages 162 & 163.) REZONE TO RD, WALTHAM ST., NEAR TOWN LINE Article 63. REZONE TO CD, HAYDEN AVE. NEAR ROUTE 2 RAMP (See Michael J. O'Sullivan moved that Article 63 be tabled. Pages 170 & Adopted unanimously. 9:24 P.M. 171.) (Karsten Sorensen filed the Report of the Planning Board on Article 63 under Article 64. - See Page 167. ) Article 64. REZONE TO CR, HAYDEN AVE. NEAR ROUTE 2 RAMP Presented by Michael J. O'Sullivan. (Not MOTION: That the Town vote to amend the Zoning By-Law and Zoning adopted) Map by changing the district designation from RO-One Family Dwelling District to CR-Office and Research Park District of land located on the southerly side of Hayden Avenue, which land is a portion of Lot 19 shown on Assessors Map No. 17 and is further described in said Article 64. 9:25 P.M. (Article 64 as further described in said Article 64: . . ..being more particularly bounded and described as follows: Northerly, by Hayden Avenue, one hundred (100) feet; Easterly, by land of the Town of Lexington, one hundred thirteen and 17/100 (113.17) feet, Southerly, by Route 2 (being the Cambridge-Concord Highway) one hundred forty-six and 55/100 (146.55) feet, and Westerly, by land of the Trustees of Rose-Mal Realty Trust, one hundred fifty-eight and 20/100 (158.20) feet. Said land is shown on a plan entitled "Plan of Land on Hayden Avenue, Lexington, Massachusetts, for Proposed Rezoning by the Trustees of Rose-Mal Realty Trust", dated December 28, 1981, prepared by Whitman & Howard, Inc. , Engineers, Paul J. DeSimone, Registered Land Surveyor.) j Elizabeth M. Barabush served notice of reconsideration of Article 61. 9:25 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982.) 167 Article 64. At the request of Mr. O'Sullivan, Luigi R. DiNapoli was recognized (Cont.) and he gave a brief explanation of the article. 9:28 P.M. Karsten Sorensen filed the Reports of the Planning Board covering Articles 63 and 64. Mr. Sorensen voiced the approval of a majority of the Planning Board on Article 64. 9:30 P.M. Jacqueline B. Davison spoke for thirteen members of Precinct Three in opposition to the article. 9:33 P.M. Also speaking in opposition was Albert P. Zabin and Fred D. Rosen- berg. Charles E. Connolly, Jr. spoke in favor. 9:40 P.M. Frank Sandy, as a minority member of the Planning Board, spoke against passage of this article. He added that the Board of Appeals should never have granted the variance. 9:44 P.M. John Orin Hayward asked if the motion is adopted, would the proponents go back to the Board of Appeals to expand the building. Mr. DiNapoli said no, that he had no intention of expanding the building and agreed to put that statement in writing to the Planning Board, as requested by Mr. Hayward. 9:50 P.M. Voice vote on the main motion, as presented by Michael J. O'Sullivan, was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Abstained Opposed 1 5 Sheila Busa-Tassone 2 9 2 9 Lynda A. Wik 10 3 3 Suanne C. Dillman 15 4 3 Peter C. J. Kelley 7 5 4 James L. Silva 12 6 2 Edith Sandy 15 7 0 Winifred L. L. Friedman 15 8 8 Suzanne S. Frank 8 9 0 John C. Eddison 15 At Large 14 John R. Campbell 3 Totals 48 109 Less than the required two-thirds having voted in favor, the main motion, as presented by Mr. O'Sullivan, does not prevail. 9:55 P.M. Joseph F. Gilbert, Jr. served notice of reconsideration of Article 64. 9:55 P.M. James F. Crain moved that Article 55 be taken from the table. Adopted unanimously. 9:56 P.M. (See Page 156. ) [-- Article 55. ADAMS CONVEYANCE Presented by James F. Crain. MOTION: That the Selectmen be and they hereby are authorized (As (a) to enter into an agreement with The Waldorf School, Inc. for the adopted) sale of the building known as the Adams School located at 739 Massachusetts Avenue to be used as a private school, in consideration of $160,000.00, including reservation by the Town of a right of first refusal and a right to repurchase the school building after twenty years, and upon such other terms and conditions as the Selectmen shall determine; (b) to enter into a twenty year lease, upon such terms and conditions as the Selectmen shall determine, of a parcel of land at 739 Massachusetts Avenue on which the fore- going building is located containing approximately one and one-half acres. 9:57 P.M. 168 (Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982.) Article 55. Mr. Crain said that the Board of Selectmen had appointed, in (Cont.) August 1981, the following to the Adams School Conversion Committee: James Crain, Chairman Francis Fuery Lillian MacArthur Anna Currin Mary Lou Touart Hayg Boyadjian Betty Levine Laura Fisher Lawrence Kernan This committee has been meeting since that time with the majority of the committee agreeing with the proposal to sell the building to the Waldorf School. He added that they intend to spend $200,000 on improvements. 10:06 P.M. Frank I. Michelman spoke at length on his feelings of this proposal. 10:17 P.M. Mr. Crain explained that the committee had given serious consid- eration to housing, but felt that it was not a suitable place for housing and congregate housing was not feasible. 10:22 P.M. William J. Dailey, Jr. stated that the Appropriation Committee feels that the figures are good and complimented Mr. Crain and the committee and added that they supported the article. 10:23 P.M. Anna Currin spoke as one of the dissenting votes on the Adams School Conversion Committee and urged a "no" vote on the article. She did not agree with the original charge to the committee from the Selectmen and felt that the charge should be re-written to vigorously consider housing. 10:25 P.M. James E. Barry and Arthur C. Smith urged support of the article and Joy C. Buchfirer spoke in opposition. 10:35 P.M. John J. McWeeney moved the previous question which was adopted by voice vote. 10:36 P.M. Voice vote on the main motion, as offered by Mr. Crain, was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Sheila Busa-Tassone 3 2 17 Lynda A. Wik 2 3 12 Suanne C. Dillman 3 4 8 Peter C. J. Kelley 2 5 13 James L. Silva 3 6 16 Edith Sandy 2 7 13 Winifred L. L. Friedman 3 8 14 Suzanne S. Frank 3 9 12 John C. Eddison 4 At Large 15 John R. Campbell 2 Totals 132 27 More than the required two-thirds having voted in favor, the main motion, as offered by Mr. Crain, was declared adopted. 10:40 P.M. Article 65. REZONE TO CD, WALTHAM STREET, LEXINGTON CENTER Presented by Frank Sandy. MOTION: That this article be indefinitely postponed. Mr. Sandy filed the Report of the Planning Board on Article 65. Main motion, as presented by Mr. Sandy, adopted unanimously. 10:40 P.M. (Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982.) a 9 Alfred S. Busa moved that this meeting be adjourned to Wednesday, June 16, 1982 at 8 P.M. in Cary Memorial Hall. 10:40 P.M. Margaret N. Brooke asked what was to happen to Article 63. Mr. Busa said that it was his understanding that it was to be taken from the table and at that time a motion to indefinitely postpone would be offered. 10:42 P.M. Mr. Busa's motion to adjourn this meeting to Wednesday, June 16, 1982 at 8 P.M. was adopted by voice vote. 10:41 P.M. A true copy. Attest: aiur v�,el.tr�y"' Mary R. McDonough, Town Clerk�l 1:fio ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING JUNE 16, 1982 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. and immediately recessed subject to the call of the chair. The meeting was reconvened at 8:07 P.M. in Cary Memorial Hall. There were 166 Town Meeting Members present. The invocation was offered by Rev. Stephen Macchia, Minister from the Grace Chapel. 8:08 P.M. fl David G. Williams moved that Article 30 be taken off the table. This motion was adopted unanimously. 8:09 P.M. (Article 30 tabled at April 12, 1982 Session. See Page 101.) Article 30. Presented by David G. Williams. CONSERVATION LAND PURCHASE OFF MAPLE STREET MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:10 P.M. Michael J. O'Sullivan moved that Article 63 be taken off the table. This motion was adopted unanimously. 8:10 P.M. (Article 63 tabled at May 24, 1982 Session. See Page 166. ) Article 63. REZONE TO CD, HAYDEN AVE. NEAR ROUTE 2 RAMP Presented by Michael J. O'Sullivan. (Not MOTION: That this article be indefinitely postponed. adopted) 8:10 P.M. Mr. O'Sullivan showed slides and explained his reasons for moving indefinite postponement. 8:23 P.M. Motion to indefinitely postpone Article 63 was declared lost by voice vote. 8:25 P.M. The Moderator explained that Article 63 was now open and asked for a motion. 8:25 P.M. Michael J. O'Sullivan presented the following motion under Article 63: MOTION: That the Town vote to amend the Zoning By-Law and Zoning (Not Maps by changing the district designation from RO One Family Dwelling adopted) District to CD-Controlled Commercial & Industrial district of land located on the southerly side of Hayden Ave, which land is a portion of Lot 19 shown on Assessors Map No. 17 and is further described in said Article 63. The preliminary site development and use plan for this CD district shall be the document filed with the Town Clerk on January 28, 1982. 8:31 P.M. (Land as further described in the Article 63: " . . being more particularly bounded and described as follows: Northerly, by Hayden Avenue, one hundred (100) feet; .._. Easterly, by land of the Town of Lexington, one hundred thirteen and 17/100 (113.17) feet, Southerly, by Route 2 (being the Cambridge-Concord Highway) one hundred forty-six and 55/100 (146.55) feet, and Westerly, by land of the Trustees of Rose-Mal Realty Trust, one hundred fifty-eight and 20/100 (158.20) feet. Said land is shown on a plan entitled "Plan of Land on Hayden Avenue, Lexington, Massachusetts, for Proposed Rezoning by the Trustees of Rose-Mal Realty Trust", dated December 28, 1981, prepared by Whitman & Howard, Inc. , Engineers, Paul J. DeSimone, Registered Land Surveyor.") (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) Article 63. (Karsten Sorensen filed, at the May 24, 1982 Session, the Report' of (Cont. ) the Planning Board on Article 63 under Article 64. - See Page 167.) Voice vote on Mr. O'Sullivan's motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Sheila Busa-Tassone 8 2 6 Lynda A. Wik 9 3 0 Suanne C. Dillman 12 4-4 4 1 Peter C. J. Kelley 10 5 0 James L. Silva 16 6 0 Edith Sandy 15 7 2 Winifred L. L. Friedman 13 8 4 Suzanne S. Frank 10 9 0 Kenneth 0. Alves 14 At Large 6 John R. Campbell 8 Totals 21 115 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. O'Sullivan, is not adopted. 8:37 P.M. Alfred S. Busa moved that Article 53 be taken from the table. This motion was declared adopted unanimously. 8:37 P.M. (Article 53 tabled at May 17, 1982 Session. See Page 155.) Article 53. REZONE RS TO CD, CONTROLLED COMMERCIAL, MUZZEY JUNIOR HIGH SCHOOL Presented by Alfred S. Busa. .-� MOTION: That the Zoning By-Law be amended by changing the district (Not designation from RS, One Family Dwelling District, to CD, Controlled adopted) Commercial and Industrial District, of land on the north side of Massachusetts Avenue, near the intersection with Woburn Street, commonly known as the Muzzey Junior High School property, bounded and described as follows: Beginning at a point on the southeast side line of the right-of-way of the Boston & Maine Railroad, said point being located south- easterly 125 feet more or less from Woburn Street along the Boston & Maine Railroad right-of-way by land of Russell Square and running: SOUTHEASTERLY by the Boston and Maine Railroad right-of-way two- hundred-seventy-five (275) feet, more or less; SOUTHWESTERLY by land of the Town of Lexington, known as Munroe Cemetery, two-hundred-fifty-nine and 2/10 (259.2) feet, more or less; SOUTHEASTERLY by land of the Town of Lexington known as Munroe Cemetery, one-hundred-twenty (120) feet, more or less; SOUTHWESTERLY by a new line on land of the Town of Lexington known as Muzzey Junior High School property three-hundred- twenty (320) feet, more or less; NORTHWESTERLY by Massachusetts Avenue three-hundred-seventy (370) feet, more or less; NORTHEASTERLY by land of Russell Square four-hundred-sixty-five (465) feet, more or less, to the point of beginning; containing three and 8/10 (3.8) acres of land, more or less; all said distances and measurements being approximate. Said land is shown on a plan entitled "Proposed Zoning District, Town of Lexington, Mass. , " for Proposed Rezoning to CD, Controlled Commercial and Industrial District, dated 10 May 1982 and compiled by Gillespie, Haring, Phillips, Architects, Inc. 1 ! (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) Article 53. (Motion - (Cont. ) (Cont. ) The Preliminary Site Development and Use Plan for this CD district shall be the plan filed with the Town Clerk on June 16, 1982. 8:40 P.M. Mr. Busa said that in August 1981 the Board of Selectmen had appointed the following to the Muzzey School Conversion Committee: George L. Harris William T. Spencer J. S. Nason Whitney Leo P. McCabe Donald R. Giller Martin K. White Mary E. Shunney Alfred S. Busa (Chairman) Otis S. Brown, Jr. Mr. Busa went on to explain that a majority of the Board of Selectmen and the Muzzey School Conversion Committee (by four to one) support the proposal under the motion as presented under Article 53. 8:42 P.M. George L. Harris, a member of the Conversion Committee, read the following charge to the committee from the Board of Selectmen: The Committee shall prepare and review specifications for receipt of proposals for the purpose of sale, transfer, lease or other appropriate use for the Muzzey School. Such review shall include but not be limited to consideration of the following Town priorities: 1) Tax stability 2) Neighborhood compatibility 3) Environmental compatibility 4) Low/moderate income housing if use to be residential 5) Possible provision for a Senior Citizens Center within the facility Recommendations for use of such facility shall be submitted no later than November 5, 1981. Appropriate hearing dates shall be coordinated with the Board of Selectmen, Planning Board, and other appropriate agencies. All appropriate hearing shall be completed prior to the start of the 1982 Town Meeting. Mr. Harris went on to explain the Elgin proposal and said that the Council on Aging had unanimously approved the inclusion of the Senior Center. 8:48 P.M. Mr. Ross of Elgin Associates, the developer, was recognized and he introduced his team. He explained that the proposal was for an executive office building and a Senior Center. 8:53 P.M. John Gallagher of Elgin Associates spoke of the design development and John Gillespie, Architect further explained the proposal. 9:02 P.M. Frank Sandy filed the Planning Board Report covering Article 53 and stated that the Planning Board unanimously opposed this article. 9:02 P.M. Mr. Sandy went on to summarize the Planning Board Report saying that a commercial use was not an appropriate use of this site. He said that he does not feel that there is any need of additional office space in the center and feels that housing in some form is the appropriate use. He urged that this motion be defeated. 9:15 P.M. Margaret F. Rawls, a Precinct 4 Town Meeting Member, spoke at length in opposition and asked that Paul A. Kossey of 1460 Massachusetts Avenue and William J. Bickford of Russell Square (1505 Massachusetts Avenue) be recognized. Both spoke in opposition and Mr. Bickford, as a Trustee of Russell Square, said a vote had been taken and five Russell Square members voted in favor, seven opposed and 4 abstained. 9:37 P.M. (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) 3 Article 53. Manfred P. Friedman had a question regarding the disposition of (Cont.) public land and referred to the "giveaway" of the Adams School property. This remark brought Selectman James F. Crain, who was Chairman of the Adams School Conversion Committee, to his feet to express his feelings about said remark and he asked that the record show that the "giveaway" of the Adams School was incorrect. 9:42 P.M. Mr. Busa explained that the process of disposition has been the same with all of the schools. He added that the Muzzey School Conversion Committee had had nineteen meetings and that they had r--, presented two proposals to the Board of Selectmen for their approval - one for congregate housing and one for commercial use. The Selectmen, in a four to one vote, were in agreement with the commercial use. 9:43 P.M. Carolyn C. Wilson spoke as a member of the Recreation Committee and their concern about parking on the soccer field. 9:44 P.M. Paul E. Hamburger, with the assistance of Ephraim Weiss showing slides, spoke of the relative costs of commercial use versus residential use. 9:50 P.M. J. Keith Butters, a former abutter to the soccer field, spoke in opposition and Myron L. Miller, who had taught at Muzzey Junior High School for a number of years, voiced concern about the traffic. 9:59 P.M. Main motion, as presented by Mr. Busa, was declared lost unanimously. 10 P.M. Alfred S. Busa moved that Article 52 be taken off the table. This motion was declared adopted unanimously. 10 P.M. (Article 52 tabled at May 17, 1982 Session. See Page 155.) Article 52. MUZZEY CONVEYANCE Presented by Alfred S. Busa. (See MOTION: That this article be indefinitely postponed. Page 10 P.M. 175 for Margaret F. Rawls presented the following substitute motion: adopted motion. ) MOTION: That the subject matter of Article 52, and the entire matter of the disposal and use of the Muzzey School and/or school site be referred back to the Selectmen to draft a new charge for the Muzzey School Conversion Committee. That in drafting the charge, the Selectmen shall confer with, at least, the Planning Board, Human Services Committee and Council on Aging. That the revised charge will be based on the following premises, to be further refined in the interest of presenting developers with a clear definition of preferred and acceptable uses: a. Only non-commercial uses will be considered; r-- b. Achievement of some of the objectives of moderate priced housing, congregate housing for the elderly, and/or other needed housing - not now being adequately provided in Lexington; the meeting of recognized human service needsof residents of Lexington; and the appropriateness of the use to an established residential neighborhood will be considered Town priorities; c. A Senior Center may be recommended as a possible use, to be presented to the Town Meeting as an option; d. Any non-residential uses proposed will be exclusively to meet the needs of Lexington residents, and must be compatible with a primarily residential use in a residential area; 174 (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) Article 52. (Margaret F. Rawls substitute motion (Cont) .) (Cont.) e. The present soccer field will remain open and in Town ownership; f. Developers will be given the option of razing all or part of the building; g. A variety of ownership and leasing arrangements or combinations of both will be explored. 10:03 P.M. Donald R. Giller, a member of the Muzzey School Conversion Committee, spoke in support of the substitute motion as did Margery M. Battin, a member of the Board of Selectmen. 10:11 P.M. Frank Sandy voiced the unanimous support of the Planning Board in regards to the substitute motion. 10:12 P.M. Joseph 0. Rooney, Chairman of the Lexington Housing Authority, spoke of his confusion with Item c. 10:12 P.M. Mrs. Rawls motion to substitute was declared adopted by voice vote. 10:13 P.M. The Moderator stated that the substitute motion is now the main motion. 10:13 P.M. Mrs. Rawls gave an explanation of her motion. 10:18 P.M. William T. Spencer moved that: The first word of the motion under Article 52 be deleted and in its place the following be inserted: That the Selectmen are authorized to convey to the Lexington Housing Authority the Muzzey Junior High School property on Massachusetts Avenue, consisting of the building and land immedi- ately adjoining, but excluding the Soccer Field; That the Lexington Housing Authority is asked to seek funding for the conversion of the School to housing units of two or more bedrooms, and, if allowed and supported by the funding agency, a Senior Center; That the conveyance shall be conditional upon the successful acquisition of funding for the conversion, and the property shall revert to the Town at the end of six months if funding is not obtained unless the Selectmen, at their discretion, extend the period of funding search; That the Selectmen and other Town Boards, officials, and employees are asked to assist the Lexington Housing Authority in the search for funding as the Authority may request; If and when the School reverts to the Town, that . . . 10:20 P.M. Mr. Spencer gave an explanation of his motion. 10:25 P.M. Joseph 0. Rooney stated that the Lexington Housing Authority had taken no stand on this amendment and that they would vote as individuals. 10:27 P.M. Mary E. Shunney asked who would maintain the building while waiting for funding, and Mr. Spencer answered that the town would retain ownership and would therefore maintain the property. 10:28 P.M. Frank Sandy questioned the zoning route - would it come back to town meeting for a zoning change. Mr. Spencer answered in the affirmative adding that HUD would like the land properly zoned. 10:30 P.M. Joseph 0. Rooney spoke against the amendment. 10:32 P.M. Mr. Spencer's motion to amend was declared lost by voice vote. 10:33 P.M. (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982. ) 175 Article 52. Frank I. Michelman moved that in item b, first line, the words "low (Cont.) and" be inserted before the words "moderate priced housing" . Michelman amendment declared adopted by voice vote. 10:37 P.M. Elaine Dratch moved that under c. , substitute the word "shall" for the word "may". 10:38 P.M. (Amendment declared lost. 10:44 P.M.) Donald J. Shaw moved the previous question which was declared adopted by voice vote. 10:44 P.M. Main motion, as substituted by Margaret F. Rawls and amended by .Frank I. Michelman, now reads: (As MOTION: That the subject matter of Article 52, and the entire matter adopted) of the disposal and use of the Muzzey School and/or school site be referred back to the Selectmen to draft a new charge for the Muzzey School Conversion Committee. That in drafting the charge, the Selectmen shall confer with, at least, the Planning Board, Human Services Committee and Council on Aging. That the revised charge will be based on the following premises, to be further refined in the interest of presenting developers with a clear de-finition of preferred and acceptable uses: a. Only non-commercial uses will be considered; b. Achievement of some of the objectives of low and moderate priced housing, congregate housing for the elderly, and/or other needed housing not now being adequately provided in Lexington; the meeting of recognized human service needs of residents of Lexington; and the appropriateness of the use to an established residential neighborhood will be considered Town priorities; c. A Senior Center may be recommended as a possible use, to be presented to the Town Meeting as an option; d. Any non-residential uses proposed will be exclusively to meet the needs of Lexington residents, and must be compatible with a prima- rily residential use in a residential area; e. The present soccer field will remain open and in Town ownership; f. Developers will be given the option of razing all or part of the building; g. A variety of ownership and leasing arrangements or combinations of both will be explored. Main motion, as substituted by Margaret F. Rawls and amended by Frank I. Michelman, declared adopted by voice vote. 10:44 P.M. James F. Crain moved that Article 41 be taken off the table. This motion was declared adopted unanimously. 10:45 P.M. (Article 41 tabled at the April 26, 1982 Session. See Page 110.) Article 41. USE OF FUNDS TO REDUCE TAX RATE Presented by James F. Crain. (As MOTION: That the sum of $1,200,000 be appropriated to reduce the �._ adopted.) tax levy for the fiscal year beginning July 1, 1982, and that such amount be transferred from the Excess and Deficiency Account (Free Cash) . 10:45 P.M. Mr. Crain explained that the amount to be appropriated was recommended by the Town Manager and is the unanimous decision of the Board of Selectmen. 10:46 P.M. William J. Dailey, Jr. stated that the Appropriation Committee supported this motion. 10:46 P.M. 176 (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) Article 41. At the request of Arthur C. Smith, Robert M. Hutchinson, Jr. , Town (Cont. ) Manager, explained the budget figures with the aid of slides. The total figure for the current budget is $37,098,070. and the expectation is that the town will receive approximately $12,000. more from the State than last year. If this additional money is received, the budget will be within $18,000. of the Proposition2'� limitation. The estimated tax rate is $19.43 for Residential and $28.43 for Commercial. 10:50 P.M. Ronald Levy complimented Robert M. Hutchinson, Jr. , Town Manager and Richard M. Perry, Comptroller for their efforts in the budget process and for the efficient management of the town. He added that all Town Officials and the Board of Selectmen also were to be complimented and he felt that the town owed them a debt of gratitude. In response to this, a standing ovation was given by the Town Meeting Members and all in attendance in the hall. 10:52 P.M. Main motion, as presented by Mr. Crain, was declared adopted unanimously. 10:52 P.M. Alfred S. Busa, Chairman of the Board of Selectmen, moved that this meeting be dissolved. Adopted unanimously. 10:52 P.M. A true copy. Attest: --)2X/Ciiuge io.)rviita 4 Mary R. McDonough, Town Clerk Fred D. Rosenberg, 165 Wood Street, resigned as a Town Meeting Member from Precinct 9 effective July 15, 1982. Neil Gray, 83 Spring Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 1, 1982. As of July 22, 1982, Mr. Gray filed his acceptance of the position of Town Meeting Member from Precinct Nine to fill the vacancy caused by the resignation of Mr. Rosenberg. This term will expire in March -� 1983. James J. Findley, 76 Middle Street, resigned as a Town Meeting Member from Precinct 9 effective August 12, 1982. Stanley S. Wallack, 315 Lincoln Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election held March 1, 1982. As of August 20, 1982, Mr. Wallack filed his accept- ance of the position of Town Meeting Member from Precinct 9 to fill the vacancy caused by the resignation of Mr. Findley. Term will expire in March 1983. 17 (WARRANT FOR STATE PRIMARIES - SEE WARRANT FILE) 4,. STATE PRIMARIES SEPTEMBER 14, 1982 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, September 14, 1982 at 7 A.M. 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. Collins Clerk D Ann M. Pace D Cornelius P. Cronin Inspector R A. Estelle Szalajeski R Virginia. M. Warner Inspector D Donna Alexson D Margaret S. Blouin Inspector R Dorothy P. Gauthier R Winifred F. Hubbard Inspector D Helen C. MacGillivray Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Olive Russell Frost R Dorothy F. LeBert Inspector D Helen D. Weisensee D Ellen B. O'Connell Inspector R Evelyn M. Belbin R Josephine S. Siders Inspector D Priscilla H. Winter Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Angela G. Marcucci Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector R Harold W. Josephson D Catherine R. Sullivan Inspector D Catherine F. Jones R Evelyn A. Franks Inspector R Elizabeth M. Flynn Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy O. Jones Clerk D Catherine F. Hooper D Mary G. Faulkingham Inspector R Josephine M. Luther R Carole Sandra Scalise Inspector D Suzanne H. Spencer D Evelyn T. Lawson Inspector R Leonard N. Jones R Elizabeth Ann Snell Inspector D Alice A. Coletta Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Barbara M. Collins Inspector D Mary Aiken 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. 178 r' V (State Primaries - September 14, 1982.) The total number of registered voters in each precinct eligible to vote as of August 17, 1982 as follows: PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,091 1,003 403 685 2 2,056 1,043 352 661 3 1,905 856 358 691 4 2,255 1,007 532 716 5 2,078 923 401 754 6 2,133 874 611 648 ,---) 7 2,264 997 481 786 8 1,861 785 450 626 9 2,215 907 486 822 Totals 18,858 8,395 4,074 6,389 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:35 P.M. Precinct Two 9:55 P.M. Precinct Three 9:35 P.M. Precinct Four 9:45 P.M. Precinct Five 9 P.M. Precinct Six 9:25 P.M. Precinct Seven 9:40 P.M. Precinct Eight 9:15 P.M. Precinct Nine 9:45 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: DEMOCRATS REPUBLICANS PRECINCT VOTED VOTED TOTAL VOTED 1 1,002 194 1,196 r 2 1,077 144 1,221 3 922 163 1,085 4 990 214 1,204 5 972 156 1,128 6 951 257 1,208 7 1,023 233 1,256 8 784 198 982 9 982 227 1,209 Totals 8,703 1,786 10,489 55.5% of the 18,858 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) RD R D R D R D R D 1 6 17 5 15 1 2 , 2 0 21 0 17 0 3 1 3 2 9 2 6 0 2 1 4 1 11 1 6 0 4 1 5 2 14 1 12 0 2 6 2 26 0 15 2 7 3 1 7 1 14 1 7 0 7 8 3 9 3 5 0 3 1 9 1 12 04 1 6 1 1 Totals 18 133 13 87 5 36 0 6 0 4 (State Primaries - September 14, 1982.) I7.9' 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 VOTED BY MAIL (CERTIFIED PERMANENTLY DISABLED) 1 1 1 4 1 1 7 1 1 9 22 Totals 1 4 4 1 OVER-THE-COUNTER 1 3 26 3 26 2 3 36 3 36 3 1 18 1 18 4 3 38 3 38 5 0 25 0 25 6 1 41 0 41 1 7 2 37 2 35 2 8 2 21 2 21 9 119 1 19 Totals 16 261 15 259 1 2 NON-REGISTERED VOTERS - VOTED BY MAIL 4 21 1 Totals 2 1 1 NON-REGISTERED VOTER - OVER-THE-COUNTER 4 1 1 Totals 1 1 FINAL TOTALS 37 399 29 351 8 38 0 6 0 4 BALLOTS REJECTED Precinct 1 3 Precinct 2 2 Precinct 7 1 Total 6 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 Edward M. Kennedy 727 842 670 702 707 690 757 586 689 6,370 Richard Nixon 0 0 0 1 0 0 0 0 0 1 L. Scott Harshbarger 0 0 2 0 0 0 0 0 0 2 Michael S. Dukakis 0 1 0 0 0 0 0 0 0 1 Blanks 275 234 250 287 265 261 266 198 293 2,329 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 180 (State Primaries - September 14, 1982. ) DEMOCRATIC PARTY BALLOT (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals GOVERNOR Edward J. King 380 296 298 246 311 240 281 232 303 2,587 Michael S. Dukakis 604 764 615 726 651 701 731 548 669 6,009 Tom O'Neil 0 0 0 0 0 1 0 0 0 1 Blanks 18 17 9 18 10 9 11 4 10 106 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 LIEUTENANT GOVERNOR John F. Kerry 217 230 212 205 227 233 242 188 278 2,032 Evelyn Murphy 172 267 233 274 217 225 268 188 202 2,046 Lou Nickinello 83 70 65 48 44 43 44 50 54 501 Lois G. Pines 163 159 160 194 190 194 198 152 190 1,600 Samuel Rotondi 334 315 229 235 270 225 243 185 229 2,265 Blanks 33 36 23 34 24 31 28 21 29 259 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 ATTORNEY GENERAL Francis X. Bellotti 724 760 670 703 716 658 700 573 689 6,193 Blanks 278 317 252 287 256 293 323 211 293 2,510 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 SECRETARY Michael Joseph Connolly 580 603 499 510 530 507 529 438 550 4,746 Blanks 422 474 423 480 442 444 494 346 432 3,957 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 TREASURER Robert Q. Crane 585 637 508 519 560 538 545 461 573 4,926 Blanks 417 440 414 471 412 413 478 323 409 3,777 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 AUDITOR John J. Finnegan 562 595 480 484 507 490 508 416 520 4,562 Blanks 440 482 442 506 465 461 515 368 462 4,141 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 REPRESENTATIVE IN CONGRESS Seventh Congressional District Edward J. Markey 608 694 566 601 606 594 639 487 607 5,402 Blanks 394 383 356 389 366 357 384 297 375 3,301 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 COUNCILLOR Sixth District .� Joseph A. Langone, III 393 357 321 273 324 287 295 256 325 2,831 Anthony D. Pini 248 268 224 262 268 237 264 192 287 2,250 Blanks 361 452 377 455 380 427 464 336 370 3,622 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 (State Primaries - September 14, 1982.) 1[ 8-1. DEMOCRATIC PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN GENERAL COURT Fourth Middlesex District Gerard P. Donahoe 55 60 77 62 59 51 72 37 85 558 Edward A. Flaherty 66 60 55 63 92 45 48 51 77 557 Richard A. Kraus 321 461 346 436 391 488 487 333 383 3,646 James J. Lyons, Jr. 242 217 112 73 74 45 43 84 68 958 William Mahoney 130 97 138 133 145 143 164 112 162 1,224 Helen Metros 56 37 42 40 48 36 38 34 60 391 Charles Porter 10 12 4 12 11 4 6 5 11 75 Blanks 122 133 148 171 152 139 165 128 136 1,294 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 REPRESENTATIVE IN GENERAL COURT Fifteenth Middlesex District Stephen W. Doran 784 855 699 793 741 776 830 627 769 6,874 Joseph F. Gilbert, Jr. 125 92 100 73 140 79 81 88 94 872 Blanks 93 130 123 124 91 96 112 69 119 957 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 DISTRICT ATTORNEY - Northern District John J. Droney 89 95 92 72 111 78 76 79 85 777 Paul J. Cavanaugh 92 81 65 64 78 61 69 56 64 630 Edward R. Gargiulo 195 139 109 78 104 66 75 90 101 957 L. Scott Harshbarger 514 647 548 652 583 628 680 470 613 5,335 Blanks 112 115 108 124 96 118 123 89 119 1,004 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 CLERK OF COURTS Middlesex County Edward J. Sullivan 582 587 490 506 514 480 515 421 527 4,622 Blanks 420 490 432 484 458 471 508 363 455 4,081 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 REGISTER OF DEEDS Middlesex County, Southern District John F. Zamparelli 563 550 472 475 497 463 493 419 508 4,440 Blanks 439 527 450 515 475 488 530 365 474 4,263 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 COUNTY COMMISSIONER Middlesex County Albert Joseph Onessimo 239 167 153 137 184 117 130 140 174 1,441 Bill Schmidt 419 532 417 476 442 477 498 365 466 4,092 Blanks 344 378 352 377 346 357 395 279 342 3,170 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 1:82 (State Primaries - September 14, 1982.) REPUBLICAN PARTY BALLOT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN CONGRESS Ray Shamie 122 90 101 149 110 166 151 133 161 1,183 Blanks 72 54 62 65 46 91 82 65 67 604 Totals 194 144 163 214 156 257 233 198 228 1,787 GOVERNOR Andrew H. Card, Jr. 30 26 24 31 22 40 27 31 38 269 John R. Lakian 56 24 45 34 37 40 64 40 49 389 John W. Sears 101 91 86 140 94 171 139 123 137 1,082 David H. Maynard 0 0 0 1 0 0 0 0 0 1 Blanks 7 3 8 8 3 6 3 4 4 46 Totals 194 144 163 214 156 257 233 198 228 1,787 LIEUTENANT GOVERNOR Leon J. Lombardi 149 97 110 149 117 193 167 136 155 1,273 Gilbert I. Santos 0 0 0 1 0 0 0 0 0 1 Blanks 45 47 53 64 39 64 66 62 73 513 Totals 194 144 163 214 156 257 233 198 228 1,787 ATTORNEY GENERAL Richard L. Wainwright 139 92 102 147 111 191 163 136 157 1,238 Blanks 55 52 61 67 45 66 70 62 71 549 Totals 194 144 163 214 156 257 233 198 228 1,787 SECRETARY ..., Jody DeRoma Dow 139 87 96 134 111 180 149 126 145 1,167 Blanks 55 57 67 80 45 77 84 72 83 620 Totals 194 144 163 214 156 257 233 198 228 1,787 TREASURER Mary J. LeClair 134 95 96 142 108 182 152 132 151 1,192 Blanks 60 49 67 72 48 75 81 66 77 595 Totals 194 144 163 214 156 257 233 198 228 1,787 AUDITOR Michael S. Robertson 133 92 97 141 110 181 153 131 149 1,187 Blanks 61 52 66 73 46 76 80 67 79 600 Totals 194 144 163 214 156 257 233 198 228 1,787 REPRESENTATIVE IN CONGRESS Seventh Congressional District David M. Basile 144 97 107 147 112 185 160 132 151 1,235 Blanks 50 47 56 67 44 72 73 66 77 552 Totals 194 144 163 214 156 257 233 198 228 1,787 COUNCILLOR Sixth District Blanks 194 144 163 214 156 257 233 198 228 1,787 Totals 194 144 163 214 156 257 233 198 228 1,787 (State Primaries - September 14, 1982.) 183 REPUBLICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN GENERAL COURT Fourth Middlesex District Lyman G. Judd, Jr. 0 0 0 2 1 0 0 1 0 4 Blanks 194 144 163 212 155 257 233 197 228 1,783 r-, Totals 194 144 163 214 156 257 233 198 228 1 ,787 REPRESENTATIVE IN GENERAL COURT Fifteenth Middlesex District Stephen W. Wade 0 0 1 0 0 0 0 0 0 1 Blanks 194 144 162 214 156 257 233 198 228 1,786 Totals 194 144 163 214 156 257 233 198 228 1,787 DISTRICT ATTORNEY Northern District Guy A. Carbone 134 102 115 140 112 172 156 136 156 1,223 Blanks 60 42 48 74 44 85 77 62 72 564 Totals 194 144 163 214 156 257 233 198 228 1,787 CLERK OF COURTS Middlesex County Blanks 194 144 163 214 156 257 233 198 228 1,787 Totals 194 144 163 214 156 257 233 198 228 1,787 �-' REGISTER OF DEEDS Middlesex County, Southern District Blanks 194 144 163 214 156 257 233 198 228 1,787 Totals 194 144 163 214 156 257 233 198 228 1,787 COUNTY COMMISSIONER Middlesex County Blanks 194 144 163 214 156 257 233 198 228 1,787 Totals 194 144 163 214 156 257 233 198 228 1,787 A true copy. Attest: e-40 ,14.4,ucji J Mary R. McDonough, Town Clerk 184- SEPTEMBER 25, 1982 RECOUNT OF VOTES CAST FOR SENATOR IN GENERAL COURT-4th MIDDLESEX DISTRICT AT THE DEMOCRATIC STATE PRIMARY HELD SEPTEMBER 14, 1982 Pursuant to petitions filed with the Secretary of State, a recount of the votes cast for Senator in General Court-4th Middlesex District at the Democratic State Primary held September 14, 1982 was held on Saturday, September 25, 1982 starting at 9 A.M. and completed at 3:30 P.M. The check of the voting machine figures started at 9 A.M. at Harrington School (Pr. 1) and proceeded on as follows: Bowman School (.Pr. 2) ; Clarke Junior High School (Pr. 3) ; Senior High School (Pr. 4) ; Central Fire Station (Pr. 8) ; Diamond Junior High School (Pr. 6) ; Estabrook School (Pr. 7) ; Maria Hastings School (Pr. 9) ; Cary Memorial Hall (Pr. 5) . The following election officers were present: Checking the machine figures at the various precincts and counting absentee ballots: D Marjorie Modoono R Norma B. Jervis Counting absentee ballots only: D Gulli I. Kula R Virginia M. Warner Runner at the absentee ballot counting procedure: D Mary F. Williams The following were also present: Board of Registrars: R Reed Kingston Taylor, Chairman D Mary C. Abegg R William B. Simmons D Mary R. McDonough, Clerk Candidates and Representatives: Richard A. Kraus, Candidate Counsel, Haskell Kassler Agents: Stephen Blacklocks, Harry Katz, Bernice Jones, William Maytum James J. Lyons, Jr. , Candidate Counsel, Kevin Feeley Agents: Joseph Tortelli, Bernadette Lyons At the conclusion of the verification of the voting machine figures, the counting of the absentee ballots commenced at approximately 1 P.M. in Estabrook Hall. James J. Lyons , Jr. challenged the vote on one absentee ballot and, after the Board of Registrars unanimously made the decision that the vote should be given to Richard A. Kraus, Mr. Lyons protested the vote. At the conclusion of the absentee ballot count and the final tallying, Reed Kingston Taylor, Chairman of the Board of Registrars, read the final results of the recount as follows: (Mr. Taylor did not read the precint totals) SENATOR IN GENERAL COURT - 4th MIDDLESEX DISTRICT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Gerard P. Donahoe 55 60 77 62 59 51 72 37 85 558 Edward A. Flaherty 66 60 55 63 92 45 48 51 77 557 Richard A. Kraus 321 461 346 436 391 488 487 333 383 3,646 James J. Lyons, Jr. 242 217 112 73 74 45 43 84 68 958 William Mahoney 130 97 138 133 145 143 164 111 162 1,223 Helen Metros 56 37 42 40 48 36 38 35 60 392 Charles Porter 10 12 4 12 11 4 6 5 11 75 Blanks 122 133 148 171 152 139 165 128 136 1,294 Totals 1,002 1,077 922 990 972 951 1,023 784 982 8,703 "-N : (Recount - September 25, 1982.) 6 As a result of the recount, William Mahoney lost one vote and Helen Metros gained one vote. This change occurred in Precinct 8 absentee ballot count. After the final result was announced Counsels Haskell Kassler and Kevin Feeley remained to check the absentee ballot applications and envelopes and the rejected absentee ballots (6 rejected) . The Board of Registrars, a majority thereof, approved the rejection of the six ballots. At this time, Mr. Kassler protested the rejection of two of the ballots. .-- Kevin Feeley challenged the validity of all absentee ballots and was asked by the Board of Registrars to put this in writing. Mr. Feeley presented the following letter: 9/25/82 Registrars of Voters Town of Lexington Lexington, MA Please be advised that I, on behalf of James J. Lyons, Jr. , challenge the validity of and the counting of the absentee ballots, including the applications for, the affidavits and notarizations of said, same, in the Primary held September 14, 1982. Kevin P. Feeley /signed/ Kevin P. Feeley Attorney for James J. Lyons, Jr. As there was nothing on which the Board of Registrars could rule in regards to the above challenge, the recount was declared completed. A true copy. Attest: G k9„„,,,4 Mary R. McDonough, Town Clerk Joan N. L. Collins, 8 Oxbow Road, resigned as a Town Meeting Member from Precinct 9 effective October 12, 1982. James E. Cosgrove, 307 Wood Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election held March 1, 1982. As of October 28, 1982, Mr. Cosgrove filed his acceptance of the position of Town Meeting Member from Precinct 9 to fill the vacancyaus�d by .the resignation of Mrs. Collins. This term will expire in March 1983. — 6 8 (WARRANT FOR STATE ELECTION - SEE WARRANT FILE) STATE ELECTION - NOVEMBER 2, 1982 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 2, 1982 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 .a 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. Collins Clerk R Elizabeth M. Flynn D Cornelius P. Cronin Inspector D Donna Alexson R Virginia M. Warner Inspector R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Helen C. MacGillivray R Winifred F. Hubbard Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Evelyn M. Belbin R Josephine S. Siders Inspector D Priscilla H. Winter D Ellen B. O'Connell Inspector R Elliott J. Barrett R Eva Antonelli Inspector D Catherine F. Hooper 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 Catherine R. Sullivan Inspector D Catherine F. Jones R Blanche T. Johnson Inspector R Dorothy F. LeBert Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy O. Jones Clerk D Phyllis C. Bradford D Mary G. Faulkingham Inspector R Josephine M. Luther R Leonard N. Jones Inspector D Suzanne H. Spencer D Evelyn T. Lawson Inspector R Carole Sandra Scalise R Elizabeth Ann Snell Inspector D Alice A. Coletta Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Florence M. Murray Inspector D Mary Aiken Inspector R Francoise V. Brown Inspector —1 The election officers were sworn to the faithful performance of their duties. 5-4 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, 1982.) 1 1ST The total number of registered voters in each precinct eligible to vote as of October 5, 1982 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,172 1,200 419 553 2 2,099 1,240 355 504 3 2,002 1,063 375 564 4 2,320 1,206 542 572 5 2,163 1,119 398 646 6 2,182 1,083 608 491 7 2,332 1,219 483 630 8 1,929 931 459 539 9 2,292 1,128 490 674 TOTALS 19,491 10,189 4,129 5,173 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 9:55 P.M. Precinct 2 9:50 P.M. Precinct 3 9:43 P.M. Precinct 4 9:37 P.M. Precinct 5 9:30 P.M. Precinct 6 9:20 P.M. Precinct 7 10:20 P.M. Precinct 8 9:22 P.M. Precinct 9 10:05 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 1,637 voters cast their vote Precinct 2 1,616 voters cast their vote Precinct 3 1,525 voters cast their vote Precinct 4 1,728 voters cast their vote Precinct 5 1,602 voters cast their vote Precinct 6 1,684 voters cast their vote Precinct 7 1,778 voters cast their vote Precinct 8 1,431 voters cast their vote Precinct 9 1,713 voters cast their vote TOTAL 14,714 voters cast their vote 75.491% of the 19,491 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) 1 67 54 10 1 2 2 48 36 11 1 3 34 24 5 4 1 4 52 41 10 1 5 36 23 12 1 6 57 40 14 3 7 63 53 8 1 1 8 35 25 9 1 9 3020 9 _ 1 Totals 422 316 88 13 5 ISS (State Election - November 2, 1982.) ABSENTEE BALLOT BREAKDOWN (CONT.) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (CERTIFIED PERMANENTLY DISABLED) 1 1 1 4 2 2 7 2 2 , s 9 2 2 Totals 7 7 VOTED OVER-THE-COUNTER 1 29 29 2 28 28 3 21 21 4 34 34 5 18 18 6 23 23 7 23 22 1 8 16 16 9 14 14 Totals 206 205 1 NON-REGISTERED VOTERS 4 3 1 2 5 3 2 1 8 1 1 _ Totals 7 4 3 TOTALS 642 532 91 13 6 BALLOTS REJECTED: Precinct 2 3 Precinct 4 2 Precinct 7 1 Precinct 8 1 Total 7 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 997 1034 875 944 931 895 999 767 926 8,368 Ray Shamie 578 519 590 708 608 722 689 614 730 5,758 Howard S. Katz 16 27 33 33 25 29 38 21 25 247 Gabriel Berezin 0 1 0 0 0 0 0 0 0 1 Nora Laudani 0 0 0 1 0 0 0 0 0 1 Blanks 46 35 27 42 38 38 52 29 32 339 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 (State Election - November 2, 1982.) 189 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals GOVERNOR-LIEUTENANT GOVERNOR Dukakis & Kerry 1014 1069 898 1016 956 970 1067 812 979 8,781 Sears & Lombardi 558 497 568 659 590 673 633 564 673 5,415 Rich & Davies 26 25 24 16 25 19 22 20 31 208 Shipman & MacConnell 12 11 16 14 11 10 27 14 9 124 David Maynard & [I- Gilbert Santos 0 0 0 1 0 0 0 0 0 1 Blanks 27 14 19 22 20 12 29 21 21 185 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14.,714 ATTORNEY GENERAL Francis X. Bellotti 1211 1210 1127 1195 1216 1113 1252 1005 1176 , 10,505 Richard L. Wainwright 299 286 282 390 277 462 373 326 405 3,100 Michael Reilly 34 32 39 31 29 21 41 30 36 293 Blanks 93 88 77 112 80 88 112 70 96 816 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 SECRETARY Michael Joseph Connolly 991 954 845 886 872 852 919 759 900 7,978 Jody DeRoma Dow 380 378 411 531 439 547 534 428 527 4,175 Robin D. Zazula 57 58 53 44 59 31 63 33 50 448 Andrew Tauber 0 0 0 0 1 0 0 0 0 1 Blanks 209 226 216 267 231 254 262 211 236 2,112 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 147.714 �. TREASURER Robert Q. Crane 1006 978 846 918 921 899 950 776 895 8,189 Mary J. LeClair 397 393 444 516 420 550 503 434 563 4,220 Freda L. Nason 51 51 56 53 56 33 72 34 61 467 Micheal Mouse 0 0 0 0 1 0 0 0 0 1 Blanks 183 194 179 241 204 202 253 187 194 1,837 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 AUDITOR John J. Finnegan 869 844 751 729 750 684 758 605 777 6,767 Michael S. Robertson 436 402 460 581 506 619 572 512 589 4,677 Donald E. Washburn 51 62 46 70 59 49 78 51 60 526 Michele Mouse 0 0 0 0 1 0 0 0 0 1 Blanks 869 589 268 348 286 332 370 263 287 2,743 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 REPRESENTATIVE IN CONGRESS (7th Congressional District) Edward J. Markey 1038 1114 963 1031 1035 1002 1117 858 1031 9,189 David M. Basile 445 397 444 532 447 569 519 468 552 4,373 Blanks 154 105 118 165 120 113 142 105 130 1,152 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 190 (State Election - November 2, 1982. ) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals COUNCILLOR (6th District) Joseph A. Langone, III 1013 916 862 902 884 856 871 758 918 7,980 Warren Herman 0 0 0 1 0 0 0 0 0 1 Andrew Tauber 0 0 0 0 1 0 0 0 0 1 Lincoln Cole 0 0 0 0 0 0 0 0 1 1 Blanks 624 700 663 825 717 828 907 673 794 6,731 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 SENATOR IN GENERAL COURT (4th Middlesex District) Richard A. Kraus 1038 1043 949 1012 981 998 1028 854 1020 8,923 Lou Conrad II 0 0 0 0 0 0 0 0 1 1 Blanks 599 573 576 716 621 686 750 577 692 5,790 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 REPRESENTATIVE IN GENERAL COURT (15th Middlesex District) Stephen W. Doran 1253 1216 1099 1243 1182 1206 1290 1002 1217 10,708 Lincoln P. Cole,Jr. 0 0 1 0 1 1 0 0 0 3 Blanks 384 400 425 485 419 477 488 429 496 4,003 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 DISTRICT ATTORNEY (Northern District) Guy A. Carbone 418 351 395 441 404 496 446 401 470 3,822 L. Scott Harshbarger 1068 1127 997 1122 1055 1060 1154 891 1070 9,544 Blanks 151 138 133 165 143 128 178 139 173 1,348 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714. CT,FRK OF COURTS (Middlesex County) Edward J. Sullivan 1021 968 889 941 931 889 918 797 981 8,335 Monty Tauber 0 0 0 0 1 0 0 0 0 1 Blanks 616 648 636 787 670 795 860 634 732 6,378 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 REGISTER OF DEEDS (Middlesex County, Southern District) John F. Zamparelli 979 896 860 902 881 863 870 766 928 7,945 Charlie Jahakian 0 0 0 1 0 0 0 0 0 1 Elizabeth Tauber 0 0 0 0 1 0 0 0 0 1 Blanks 658 720 665 825 720 821 908 665 785 6,767 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 COUNTY COMMISSIONER (Middlesex County) Bill Schmidt 960 916 856 911 888 886 905 769 922 8,013 Joe Doty 0 0 0 1 0 0 0 0 0 1 Ephraim Weiss 0 0 0 0 1 0 0 0 0 1 Sharon Tauber 0 0 0 0 1 0 0 0 0 1 Blanks 677 700 669 816 712 798 873 662 791 6,698 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 QUESTION NO. 1 - (STATE AID TO NON-PUBLIC SCHOOL STUDENTS & CERTAIN INSTITUTIONS) Yes 389 366 328 329 317 359 303 303 351 3,045 No 1075 1131 1059 1257 1125 1202 1370 1006 1220 10,445 Blanks 173 119 138 142 160 123 105 , 122 142 1,224 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 19(State Election - November 2, 1982. ) 1 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals QUESTION NO. 2 - (DEATH PENALTY) Yes 776 638 674 702 776 735 754 653 848 6,556 No 692 852 723 874 692 828 915 667 726 6,969 Blanks 169 126 128 152 134 121 109 111 139 1,189 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 --- QUESTION NO. 3 - (RESTRICTING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AND NUCLEAR POWER PLANT CONSTRUCTION) Yes 914 881 825 850 866 855 912 756 931 7,790 No 520 599 575 722 590 684 746 531 626 5,593 Blanks 203 136 125 156 146 145 120 144 156 1,331 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 QUESTION NO. 4 - (REGULATING BOTTLES AND CANS) Yes 973 1146 986 1243 1064 1226 1252 964 1111 9,965 No 513 360 445 379 414 356 427 372 484 3,750 Blanks 151 110 94 106 124 102 99 95 118 999 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 QUESTION NO. 5 - (U. S. NEGOTIATE A MUTUAL NUCLEAR WEAPONS MORATORIUM AND REDUCTION WITH THE SOVIET UNION AND OTHER NATIONS) Yes 1033 1161 1049 1190 1084 1156 1208 984 1120 9,985 No 354 289 313 349 336 349 389 275 378 3,032 Blanks 250 166 163 189 182 179 181 172 215 1,697 Totals 1637 1616 1525 1728 1602 1684 1778 1431 1713 14,714 A true copy. Attest: AJM S 2 V44-1141.44 O Mary R. McDonough, Town Clerk 19:2 (WARRANT - SEE WARRANT FILE) SPECIAL TOWN MEETING - FEBRUARY 14, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. and immediately recessed subject to the call of the chair. The meeting reconvened at 8:10 P.M. There were 170 Town Meeting Members present. The invocation was offered by Rev. Ted Petterson, Rector of the Church of Our Redeemer. 8:12 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. MUZZEY CONVEYANCE Presented by Selectman Chairman, Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to (For convey the Muzzey Junior High School property on Massachusetts adopted Avenue consisting of the building and the land immediately ad- motion joining, but excluding the so-called soccerfield, to Sydney-Noyes see Associates for the purchase price of $238,000 plus the construction page of a senior center and on such other terms as the Selectmen shall 199.) determine; and that the Selectmen be and they are hereby authorized to petition the General Court for an act to establish a non-profit housing corporation to provide affordable housing in the Town and to accept funds from the sale of Muzzey Junior High School and any other available funds for such purpose. 8:15 P.M. Mr. Busa spoke of the work of the Muzzey Conversion Committee. He said that the committee had received 37 letters of interest and 12 proposals. Three developers were asked to present final pro- posals and Sydney-Noyes Associates was the developer accepted. He then asked that R. Kirk Noyes be recognized. 8:18 P.M. Article 1. The Moderator stated that Article 1 would be open throughout the meeting for committee reports. 8:18 P.M. Article 2. (The following was filed, plus the plan, with the Town Clerk on (Cont. ) February 14, 1983 at 4:16 P.M. : MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding dated February 3, 1983, by Sydney Noyes Anderson Associates Inc. (the Developer) sets forth the Developer's proposal to the Town of Lexington (the Town) . WHEREAS, the Town desires to sell to the Developer the land, buildings and other improvements located on Massachusetts Avenue, Lexington, Mass. and known as the Muzzey Jr. High School (the Property) . WHEREAS, the Town desires to have the Property renovated and converted to residential condominiums and possibly a Senior Center (the Conversion) ; WHEREAS, the Town desires to maximize the extent to which the condominium will be and will continue to be affordable housing; WHEREAS, the Developer desires to purchase the Property and to undertake the Conversion; NOW, THEREFORE, in consideration of` the premises, one dollar ($1.00) and other good and valuable consideration, the Developer and the Town agree as follows: (Special Town Meeting - February 14, 1983. ) ,.9 Q Article 2. Memorandum of Understanding (Cont. ) (Cont.) 1. Purchase and Sale. The Town agrees to sell the Property to the Developer and the Developer agrees to purchase the Property upon the terms and conditions set forth herein. 2. Price. The Developer agrees to pay the Town a sum equal to the product of $6,100 per dwelling unit built times the number of dwelling units built, less one (the manager's apartment) . Such sum less any credit for the Senior Center as hereinafter described (the Price) shall be paid in full on or before the Commencement of Construction, which shall be defined as the issuance of a building permit, purchase of the Property and the delivery of the deed. 3. Below market Price. The Developer acknowledges that the Price is below the market value of the Property if it were not restricted as hereinafter provided and that such restrictions are designed to allow the Town and the Developer to provide affordable housing. 4. Condominium. The Developer agrees to convert the Property to a residential condominium consistent with this Agreement (the Condominium) . 5. Number of Units and Unit Sizes. The Developer agrees to convert the building located on the Property (the Building) into not less than 65 dwelling units nor more than 71 dwelling units including the manager's unit. The final number and types of units shall be determined prior to the application for a Special Permit from the Board of Selectmen. The final unit composition shall include a variety of units including, but not limited to, one, two, and three bedroom units, and the area of these units shall not be less than 500 square feet nor more than 1400 square feet. 6. Selling Prices of Units. Subject to Sections 8 and 11, the Developer agrees to offer units in the Condominium for sale at prices based on the following schedule: (a) Pre-Sold Units. At least 30% of the dwelling units other than the manager's unit will be offered at an average base selling price of $54,750 prior to the Commencement of Construction. Such offering shall commence no later than two weeks after the issuance of the Special Permit. Any units conveyed pursuant to a purchase and sale agreement entered into prior to the Commencement of Construction will be sold subject to the Deed Restrictions (as hereinafter defined) and for the sake of calculating resale value under the Deed Restrictions will be assumed to have sold for the prices outlined under paragraph 6(b) hereof if the Buyer owns and occupies the unit for at least three years, and if such Buyer owns and occupies the unit for less than three years, the difference between such prices shall be pro-rated on a daily basis and added to the Buyer's actual purchase price. (b) Units Sold During Construction. After the Commencement of Construction and prior to the Completion of Construction, which shall be defined as the issuance of the first certificate of occupancy by the Building Commissioner, any unit not previously under purchase and sale agreement that culminates in a conveyance shall be offered for sale at a average base selling price of $59,750. All units sold during said period shall be subject to the Deed Restrictions. (c) Units Sold.Within 90 days of Completion of Construction. After the Completion of Construction and prior to the expiration of 90 days from the Completion of Construction any units not previously under purchase and sale agreements that culminate in a conveyance may be increased in base selling price by an additional $5,000 per unit for an average price of $64,750. All units sold during said period shall be subject to the Deed Restrictions. (d) Units Sold After the Expiration of 90 days from Completion of Construction. After the expiration of 90 days from the Com- pletion of Construction, any units not previously conveyed or not then under purchase and sale agreements which culminate in a con- veyance, may have an increase in the base selling price of an 19 (Special Town Meeting - February 14, 1983. ) Article 2. Memorandum of Understanding (Cont.) (Cont. ) additional $5,000 for an average price of $69,750 and may be marketed by the Developer without the Deed Restrictions. Thereafter, the Developer may further increase the average selling prices provided the Developer limits such price increases to increases of not more than $2000 per month per dwelling unit plus any buy down or other pay- ments made for the purpose of qualifying the purchaser with a lender. Five percent of any such sales price shall be returned to the Town as an increase in the original acquisition price. 7. Unit Sales Obligations. The Developer may choose to initiate construction prior to achieving pre-sales equal to 30% of the units. For any unit for which a purchase and sale agreement is executed but not exercised that unit shall be priced according to the schedule in Section 6 as if it were never under a purchase and sale agreement. 8. Minimum Number of Affordable Units Guaranteed. Notwithstanding anything to the contrary herein, the Developer agrees that, regardless of the time of sale, 40% of the units other than the manager's unit shall be sold subject to the Deed Restrictions. If such unit is conveyed pursuant to a purchase and sale agreement entered into prior to the expiration of 90 days from the Completion of Construction, the price of such unit shall be restricted by whichever of Sections 6(a) , 6(b) or 6(c) is applicable the date of the purchase and sale agree- ment. If 40% of the units have not been sold with these restrictions within 90 days of the Completion of Construction the selling price of the balance of the units that must be sold to meet said 40% figure may be increased over the prices established in Section 6(c) hereof by the same amount that such prices would be allowed to increase pursuant to the Deed Restrictions if such unit had sold on the nine- tieth day after the Completion of Construction, prorated on a daily basis. 9. Income Qualification of Buyers. The Developer agrees to sell units under the provisions of paragraph 6(a) , (b) and (c) hereof only to buyers who qualify under the following income guide- lines. Buyer income shall be determined by the average of the buyer's adjusted gross income on his two previous Federal income tax returns less all medical expenses during said period in excess of three percent of the average adjusted gross income. Prior to the expiration of 90 days after Completion of Construction, the Buyer's annual income shall not exceed the following amounts: 1 person household $35,000 2 person household 40,000 3 person household 41,500 4 or more person household 43,000 plus $1,500 for each person in excess of 4. 10. Deed Restrictions. The Developer agrees that all units sold under paragraphs 6(a) , (b) and (c) hereof or pursuant to the guarantee set forth in paragraph 8 hereof shall be sold subject to Deed Restrictions which limit the resale prices and are intended to assure a relative position of future affordability. The Deed Restrictions will restrict resale prices to the initial purchase price of the unit (including the cost of any options selected by the purchaser) increased by 4.0 percent per year compounded annually (the Maximum Resale Price) . The Deed Restrictions shall also limit the annual income of purchasers at the time of the conveyance to an amount not in excess of the following percentages of the Maximum Resale Price: 1 person household 58.3% 2 person household 66.7% 3 person household 69.2% 4 or more person household 71.7% plus 2.5% for each person in excess of 4 (Special Town Meeting - February 14, 1983.) 195 Article 2. Memorandum of Understanding (Cont.) (Cont. ) 11. Option Packages for Buyers. The Town agrees to allow the Developer to offer three optional up-grade packages to be acquired at the election of each buyer. The following prices of these optional packages are based on an average cost and will vary across unit types. (a) Energy package (triple glazed windows and air conditioning) - $3,500 (b) Kitchen package (additional cabinets and a dishwasher) - $1,800 (c) Bathroom option - $2,800 for second bath/ $2,000 for 1/2 bath. The cost of any such options selected by a purchaser shall be added to the prices set forth in Section 6 and shall be included in the initial purchase price used to calculate the Maximum Resale Price in Section 10. 12. Marketing of Condominium Units. The Developer agrees to make a best effort marketing attempt aimed at maximizing the number of units sold with the Deed Restrictions. This marketing effort shall, at a minimum include a direct mail informational brochure to all Lexington residents, weekly advertising in the Lexington Minute- man from the time of purchase of the building until 90 days after the Completion of Construction or until all units are under purchase and sale agreements or conveyed, whichever first occurs, and the completion of a unit within 150 days of purchase of the building for use in the marketing effort. Prior to the Completion of Construction, potential buyers may submit a $500 refundable check to the Developer to obtain a priority standing to select a unit in the Condominium. Once the final number of units, mix, design, and condominium docu- ments are complete a potential buyer may choose a specific unit and execute a purchase and sale agreement upon submission of a $5000 non-refundable, interest bearing deposit. 13. Rental Units. (a) The Developer agrees to sell upon the same terms and conditions as any other buyer would purchase such units under this Agreement a to-be-determined number of units to a Lexington based non-profit housing group formed or designated by the Town for the purposes of rental or resale. (b) Nothing in this Agreement shall preclude the Developer from renting units if any remain unsold 90 days after the Completion of Construction. 14. Resident Manager. The Developer agrees to maintain owner- ship of one dwelling unit for the use of a resident manager. Owner- ship of this unit shall be transferred to the Condominium Association if and when the Developer relinquishes management services. The Developer further agrees to make a best effort attempt to provide management services for at least three years after completion of construction and the Town agrees to support such effort. The Town acknowledges that the management contract will have a clause allowing the Condominium Association to terminate the contract without cause on 90 day notice for the purpose of complying with secondary market requirements. 15. Time Schedule. The Developer agrees to initiate a pre-sales effort and complete pre-construction development activity so as to allow a construction start no later than September 1, 1983. The Town agrees that if 21 units have not been presold prior to that date, or unforeseen factors arise, the date of a construction start may be extended 90 days. If the Commencement of Construction is not prior to December 1, 1983 the Town may rescind developer designation or renegotiate with the Developer. If the Town so rescinds developer designation, the Developer shall have no recourse against the Town for expenses incurred, and the Town shall have no recourse against the Developer for expenses incurred. Developer agrees to complete construction within 18 months from the date of conveyance of the Property to Developer. 196 (Special Town Meeting - February 14, 1983.) Article 2. Memorandum of Understanding (Cont.) (Cont.) 16. Surety Bond. The Developer will provide a $25,000 surety bond, letter of credit, or equivalent to be held by the Town from the date of the Commencement of Construction until site plan and landscaping is completed as required by the Special Permit. The construction lender will be provided with payment and performance bond equal to the cost of construction in such a form as the lender may require. 17. Senior Center. The Developer agrees to negotiate with the Lexington Council on Aging to establish a senior social center of , approximately 7500 square feet within the building which shall be presented to the Town Meeting as an option (the Senior Center) . If Town Meeting accepts the Senior Center option, the Developer will construct the Senior Center and the Price shall be reduced by $195,000. The Senior Center shall have an interest in the Condo- minium Association based on a conventional formula of square footage. The Developer agrees to guarantee that the Senior Center's share of common expense in the Condominium plus the costs of heating, lighting and cleaning the Senior Center but excluding any local real estate taxes and the cost of the Senior Center's programs and services (the Maintenance Cost) shall not exceed $14,000 per year as long the Developer is providing management services for the Condominium but for a period not to exceed three years. The Senior Center shall pay the Developer $14,000 per year in twelve equal monthly payments, in advance. If the Maintenance Cost shall be less than $14,000 during any calender year the Developer agrees to return to the Senior Center fifty percent of the difference between the actual Maintenance Cost and the $14,000. 18. Conditions. (a) This Agreement is conditional on the Town agreeing to (i) assist and cooperate with the Developer in the implementation of the renovation and conversion of the Property as herein described, in- cluding, but not limited to, providing the Developer with access to the Town's computerized list of the names and addresses of residents of the Town for use in the Developer's marketing efforts; (ii) convey (1) good and clear and marketable title to the Property subject only to the provisions of existing building, zoning and other laws; en- cumbrances of record which do not materially interfere with the renovation and conversion of the Property as contemplated herein, the Deed Restrictions, and the Special Permit, and (2) full possession of the Property free of all tenants and occupants, and (3) the Property in the same condition as it now is, reasonable wear and tear excepted; and (iii) cooperate with the Developer in obtaining the approval of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation for sale of mortgages on condominium units to such entities. (b) If the Conversion as described herein is not approved by the Town Meeting of the Town on or before 1983, this Agreement shall terminate, at the election of either party, and upon such termination the Developer's deposit of $5,000 shall be returned and all obliga- tions of the parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto. (c) If the Town Meeting approves the Conversion as described herein, all of the approvals necessary or appropriate for such Con- version have not been obtained and the Town is unable to comply with its obligations under Section 18(a) (ii) or the Developer is un- successful in obtaining financing for such Conversion, this Agree- ment shall terminate, at the election of either party, and upon such termination the Developer's deposit shall be returned and all obliga- tions of the parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto. 19. Land Disposition Agreement. The Developer and Town agree to enter into a mutually agreeable Land Disposition Agreement after the approval of the Town Meeting. (Special Town Meeting - February 14, 1983.) 97 Article 2. Memorandum of Understanding (Cont.) (Cont.) IN WITNESS WHEREOF, the Developer has caused this Agreement to be executed under seal this 3rd day of February, 1983. SYDNEY NOYES ANDERSON, INC. By: R. Kirk Noyes /Signed/ ►—, R. Kirk Noyes, President and Treasurer Mr. Noyes was recognized, for the first and second ten minutes, by the Moderator at 8:18 P.M. and again at 8:38 P.M. as there were no objections from the meeting. Mr. Noyes gave a lengthy explanation of his proposal, mostly as it appeared in the Memorandum of Understanding. 8:45 P.M. Alfred S. Busa thanked the Muzzey Conversion Committee for the long and hard hours of work that they had devoted to this conversion. 8:45 P.M. Jacquelyn R. Smith, Chairman of the Planning Board, filed the Report of the Planning Board on Art,. 2 and voiced the support of the Board of this proposal for the use of Muzzey Junior High School and urged the support of the meeting. 8:50 P.M. George L. Harris, Chairman of the Council on Aging, voiced the support of his committee, stating that they felt that there was a need for such a senior center and that it should be cost effective. 8:55 P.M. Many questions were raised and answered during the discussion of this article. William J. Dailey, Jr. , Chairman of the Appropriation Committee, offered the following amendment: That the figure of $438,000 be substituted for the figure of $238,000. 9:14 P.M. With the aid of slides, Mr. Dailey discussed his amendment. 9:18 P.M. Selectman James F. Crain urged defeat of Mr. Daily's motion to amend. 9:30 P.M. Mr. Daily's motion to amend this article was declared lost by voice vote. 9:31 P.M. In response to a question raised by James M. McLaughlin, Town Counsel Norman P. Cohen stated that if the Senior Center did not work out, it could be sold if there was a market for it. 9:33 P.M. .._ The question was raised by Richard A. Michelson as to the need of a housing corporation where we already have a Housing Authority. Mr. Busa answered that the Housing Authority was' reluctant to take on additional work and that the guidelines for the housing corpora- tion were different than for the Housing Authority. 9:52 P.M. Norman P. Cohen offered the following amendment: That the motion under Article 2 be amended by striking the words "Sydney-Noyes Associates" and substituting therefor the words "Sydney Noyes Anderson, Inc." Mr. Cohen's motion to amend was declared adopted unanimously. 10 P.m. 198 (Special Town Meeting - February 14, 1983. ) Article 2. R. Kirk Noyes filed "A Proposal for Reuse of the Muzzey Junior (Cont. ) High School". 9:57 P.M. Margaret F. Rawls stated that she had quite a few doubts about this proposal, one of them being the housing corporation. She wanted to know the makeup, term of members, how many and wanted to know the charge to the committee and also the scope. 10:13 P.M. James F. Crain said that there would be five members who would report back to the Selectmen and Town Manager annually. The terms would be one for one year, two for two years and two for three years. He added that the members would have experience in town government, also a legal, accounting and real estate background. This would be a private non-profit corporation. 10:16 P.M. Marion K. Fitzpatrick, 15 Hathaway Road of the Silver-Haired Legislature, spoke from the balcony in favor of the Senior Center. 10:18 P.M. In answer to a question raised by Martin L. Hagerty, Town Counsel Norman P. Cohen said that this motion required a two-thirds vote for passage. 10:23 P.M. Arthur C. Smith moved that the motion by amended by striking the words following the semicolon, beginning "and that the Selectmen be and they are hereby authorized to petition the General Court.. . " to the end of the motion. 10:24 P.M. After general discussion, pro and con, on the amendment, Sheila Busa-Tassone moved the previous question at 10:35 P.M. The Moderator doubted the voice vote, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Sheila Busa-Tassone 7 r 2 10 Lynda A. Wik 8 3 3 Suanne C. Dillman 10 4 8 Peter C. J. Kelley 8 5 9 James L. Silva 5 6 5 Edith Sandy 12 7 8 Winifred L. L. Friedman 9 8 10 A. Patricia McCabe 1 9 8 John C. Eddison 8 At Large 15 John R. Campbell 5 TOTAL 87 73 The Moderator declared that the previous question motion was adopted. 10:39 P.M. Arthur C. Smith's motion to amend Article 2 was declared lost by voice vote. 10:40 P.M. Frank Sandy asked for a standing vote at 10:40 P.M. which was taken as follows: Precinct In Favor Tellers Opposed 1 2 Sheila Busa-Tassone 15 2 1 Lynda A. Wik 17 3 1 Suanne C. Dillman 12 4 3 Peter C. J. Kelley 13 ,.ammi 5 4 James L. Silva 9 6 4 Edith Sandy 13 7 9 Winifred L. L. Friedman 8 8 4 A. Patricia McCabe 8 9 2 John C. Eddison 13 At Large 7 John R. Campbell 10 TOTAL 37 118 Mr. Smith's motion to amend declared lost. 10:43 P.M. (Special Town Meeting - February 14, 1983. ) 19-9 Article 2. Main motionas presented by Alfred S. Busa and amended by Norman P. (Cont. ) Cohen now reads: MOTION: That the Selectmen be and they hereby are authorized to convey the Muzzey Junior High School property on Massachusetts (As Avenue consisting of the building and the land immediately adjoin- adopted) ing, but excluding the so-called soccerfield, to Sydney Noyes And- erson, Inc. for the purchase price of $238,000 plus the construction of a senior center and on such other terms as the Selectmen shall (See Ch. determine; and that the Selectmen be and they are hereby authorized 521, Acts to petition the General Court for an act to establish a non-profit of 1983. housing corporation to provide affordable housing in the Town and to Establish- accept funds from the sale of Muzzey Junior High School and any other ment of available funds for such purpose. Lex. Housing Assistance Board, Voice vote on main motion as amended was not unanimous, so a standing Inc. ) vote was taken as follows: Precinct In Favor Tellers Abstained Opposed 1 13 Sheila Busa-Tassone 1 4 2 14 Lynda A. Wik 4 3 13 Suanne C. Dillman 1 4 15 Peter C. J. Kelley 1 5 14 James L. Silva 0 6 15 Edith Sandy 2 7 11 Winifred L. L. Friedman 6 8 11 A. Patricia McCabe 1 9 13 John C. Eddison 3 At Large 19 John R. Campbell 2 TOTAL 138 1 24 More than the required two-thirds having voted in favor, the main motion as offered by Mr. Busa & amended by Mr. Cohen was declared '—' adopted. 10:50 P.M. Article 3. STREET ACCEPTANCE AND CONSTRUCTION Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:50 P.M. Article 4. PARKING TICKET COMPUTER SERVICE Presented by Stephen Michael Politi. MOTION: That the sum of $4,500.00 be appropriated for the purchase of parking tickets and for a computer service to process parking tickets issued by the Police Department, and that such amount be transferred from the Reserve Fund-Overlay Surplus Account. 10:50 P.M. Mr. Politi gave a short explanation of this motion. 10:55 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action on this motion. 10:55 P.M. - Motion, as presented by Mr. Politi, declared adopted by voice vote. 10:56 P.M. Article 5. LEXPRESS CONTRACT Presented by James F. Crain. (See Chap. 95, MOTION: That the Selectmen be and they are hereby authorized to Acts of petition the General Court for an act to permit the Town to con- 1983.) tract for community transportation services for a period not ex- ceeding three years. 10:56 P.M. 200 (Special Town Meeting - February 14, 1983. ) Article 5. Mr. Crain gave a short explanation of this motion. 10:57 P.M. (Cont.) William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action on this motion. 10:57 P.M. Motion as presented by Mr. Crain declared adopted by voice vote. 10:57 P.M. Alfred S. Busa moved that this meeting be dissolved ,and the motion was adopted unanimously. 10:57 P.M. 1 A true copy. Attest: Jr` i /r Mary R. McDonough, Town Clerk J (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) 2 01 ANNUAL TOWN ELECTION - MARCH 7, 1983 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 7, 1983 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. Collins Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Helen C. MacGillivray R Virginia M. Warner Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden D Mary Gail Faulkingham R Mildred M. Cronin Clerk R Elliott J. Barrett D Marguerite A. Cronin Inspector D Priscilla H. Winter R Josephine S. Siders Inspector R Evelyn M. Belbin Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Winifred E. Ivester Clerk R Caroline P. Johnston D Catherine R. Sullivan Inspector D Elizabeth H. Clarke R Evelyn A. Franks Inspector R Harold W. Josephson Precinct Seven Precinct Eight D Ann M. Baum Warden D Gulli I. Kula R Elizabeth Ann Snell Clerk R Barbara M. Collins D Evelyn T. Lawson Inspector D Suzanne H. Spencer R Winifred F. Hubbard Inspector R Josephine M. Luther Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Eva Antonelli 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. The total number of registered voters in each precinct eligible to vote as of February 15, 1983 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,169 1,178 407 584 2 2,100 1,216 354 530 3 2,002 1,041 369 592 4 2,304 1,182 530 592 5 2,181 1,105 399 677 6 2,182 1,062 598 522 7 2,327 1,202 471 654 8 1,929 900 445 584 9 2,296 1,097 484 715 TOTALS 19,490 9,983 4,057 5,450 (19 ki' Ld (Annual Town Election - March 7, 1983.) Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 8:50 P.M. Precinct 2 8:40 P.M. Precinct 3 8:45 P.M. Precinct 4 9:30 P.M. Precinct 5 8:40 P.M. Precinct 6 8:40 P.M. Precinct 7 9 P.M. Precinct 8 9:02 P.M. Precinct 9 8:55 P.M. J„ The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 565 voters cast their vote Precinct 2 568 voters cast their vote Precinct 3 421 voters cast their vote Precinct 4 691 voters cast their vote Precinct 5 638 voters cast their vote Precinct 6 720 voters cast their vote Precinct 7 672 voters cast their vote Precinct 8 657 voters cast their vote Precinct 9 569 voters cast their vote TOTAL 5,501 voters cast their vote 28.224% of the 19,490 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) 1 5 3 2 2 8 5 2 1 3 5 4 1 4 5 3 2 5 6 4 2 6 12 8 3 1 7 7 4 2 1 8 5 4 1 9 3 2 1 TOTALS 56 37 13 5 VOTED BY MAIL (CERTIFIED PERMANENTLY DISABLED) 4 1 1 6 1 1 TOTALS 2 2 OVER-THE-COUNTER 1 12 12 2 7 7 3 3 3 4 11 11 5 13 13 6 11 11 7 6 6 8 12 12 9 6 6 TOTALS 81 81 FINAL TOTALS: 139 120 13 5 1 (Annual Town Election - March 7, 1983.) 203 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN Margery M. Battin 341 372 290 503 418 514 485 443 392 3,758 John F. McLaughlin 334 289 191 400 332 397 345 369 287 2,944 Al Busa 0 0 0 0 0 0 0 0 1 1 Blanks 455 475 361 479 526 529 514 502 458 4,299 Totals 1130 1136 842 1382 1276 1440 1344 1314 1138 11,002 Margery M. Battin and John F. McLaughlin were elected to the Board of Selectmen each for a term of three years expiring in March 1986. MODERATOR Lincoln P. Cole, Jr. 418 420 314 520 474 543 481 525 410 4,105 Blanks 147 148 107 171 164 177 191 132 159 1,396 Totals 565 568 421 691 638 720 672 657 569 5,501 Lincoln P. Cole, Jr. was elected Moderator for a term of one year expiring in March 1984. SCHOOL COMMITTEE John Thomas Cunha 84 86 43 51 62 46 72 106 76 626 George L. Harris 290 194 117 210 190 214 194 257 221 1,887 Florence Koplow 255 347 264 458 415 489 432 337 342 3,339 Paul Newman 288 356 285 456 441 492 477 374 314 3,483 Blanks 213 153 133 207 168 199 169 240 185 1,667 Totals 1130 1136 842 1382 1276 1440 1344 1314 1138 11,002 Florence Koplow and Paul Newman were elected to the School Committee each for a term of three years expiring in March 1986. PLANNING BOARD Elizabeth G. Flemings 220 293 233 448 354 406 401 367 319 3,041 Edward E. O'Sullivan 234 197 134 150 171 191 173 186 157 1,593 Ruth Thomas 0 0 0 0 0 0 0 1 0 1 Blanks 111 78 54 93 113 123 98 103 93 866 Totals 565 568 421 691 638 720 672 657 569 5,501 Elizabeth G. Flemings was elected to the Planning Board for a term of five years expiring in March 1988. TOWN MEETING MEMBERS - PRECINCT ONE *Nancy L. Barter 286 *Nancy C. Gordon 279 *Sheila Busa-Tassone 300 **Laurel A. Macauda 219 *Sheila Clemon-Karp 293 *John W. Maloney 329 *David F. Eagle 314 Blanks 2,201 *Lois J. Barry 299 *Elected for three years. **Elected for two years. a 204 (Annual Town Election - March 7, 1983.) TOWN MEETING MEMBERS - PRECINCT TWO *Eric T. Clarke 337 John R. Holt 235 *Karen A. Dooks 302 *Edward E. O'Sullivan 246 *Lillian T. MacArthur 318 **George S. Silverman 243 *Barry H. Marshall 299 ***William W. Welch, Jr. 236 *Elizabeth H. Pressman 317 Blanks 2,233 *Lynda A. Wik 346 *Elected for three years. **Elected for two years. ***Elected for one year. r--a TOWN MEETING MEMBERS - PRECINCT THREE .a.e *Phyllis Aaronson 177 Alfred S. Busa 162 *Donald H. Briggs, Jr. 174 *Francis P. McCarron 164 *John P. Carroll 186 *Francis W. K. Smith 218 *Marian G. Reilly 268 George Edwin Spitzmiller, Jr. 72 *Robert I. Rotberg 247 Blanks 1,279 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Julian J. Bussgang 397 Germania B. Whiting 94 *Angela E. Frick 393 Stephen B. Cripps 153 *Joyce Hals 266 Audrey J. Friend 186 Richard F. Perry 244 Joyce S. Murphy 257 *Sandra J. Shaw 348 George E. Murray 94 *Ruth S. Thomas 341 *Gale H. Nill 358 *Judith J. Uhrig 389 Blanks 1,317 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FIVE *Howard Cravis 265 David G. Williams 244 :ii *William M. Fraser 270 Kevin Casey 229 *Paul E. Hamburger 292 *Marshall J. Derby 287 *Stephen W. Miller 313 *Paul Newman 406 James L. Silva 254 Lloyd D. Taylor 174 *Patricia A. Swanson 262 Blanks 1,470 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SIX Harry A. Hall, III 272 David Chanoux 207 James L. McDevitt 267 *Florence Koplow 434 *Ruth Joyce Nablo 381 *Alan J. Lazarus 313 *Setha G. Olson 336 James M. Smith 171 *Susan S. Solomon 400 *Lisabeth M. White 286 *Donald B. White 362 Blanks 1,611 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN Elizabeth M. Barabush 217 *Sally T. Castleman 432 *John R. Campbell 309 Stan N. Finkelstein 258 *Renee T. Cochin 372 Barry M. Gilman 165 *Winifred L. L. Friedman 360 Thomas E. Raboin 160 Walter N. Leutz 268 *Richard B. Wolk 328 L_.. *John E. Ward 302 Blanks 1,256 *Graydon M. Wheaton 277 *Elected for three years. „Z (Annual Town Election - March 7, 1983.) r, ' =W= i, 205 TOWN MEETING MEMBERS - PRECINCT EIGHT Charles E. Connolly 220 Florence E. Connor 210 *Ione D. Garing 304 *Elizabeth G. Flemings 248 *William E. Maloney, Jr. 235 **Benjamin H. Golini 232 *A. Patricia McCabe 353 Paul F. Greene 222 *James M. McLaughlin 233 Kathleen Vogt Kissel 121 *Stanley E. Toye 247 *Susan G. Plumb 292 Frank S. Allia 130 Howard A. Reynolds 165 Roger F. Borghesani 230 Blanks 1,814 [Ir *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT NINE *Gordon E. Barnes, Jr. 315 ***Stanley S. Wallack 237 *L. Gail Colwell 321 *Margaret E. Coppe 299 *Ronald W. Colwell 327 Louise V. T. Kava 196 Louis E. Conrad 228 *Eleanor H. Klauminzer 243 **Neil Gray 232 *Leo P. McSweeney 296 *Susan J. Ricci 337 Blanks 2,422 ***James J. Scanlon 237 *Elected for three years. **Elected for one year. ***Tie vote. Special Election of Precinct Nine Town Meeting Members to be held Monday, April 4, 1983 at 7:30 P.M. in Estabrook Hall to decide which candidate will fill the unexpired term ending March 1985 and which candidate will fill the unexpired term ending March 1984. (See Page 206) QUESTION (Acceptance of G.L. Chap. 32B, Sec. 9D - County, City, Town or District May Assume Payment of One-Half Premium of Health Insurance of Surviving Spouse of Insured Employee.) "Shall the Town pay one-half of the premium costs payable by the surviving spouse of an employee or retired employee for group general, or blanket hospital, surgical, medical, dental or other health insurance?” Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals YES 230 237 178 263 231 267 216 254 214 2,090 NO 138 129 115 182 155 184 200 177 168 1,448 Blanks 197 202 128 246 252 269 256 226 187 1,963 Totals 565 568 421 691 638 720 672 657 569 5,501 A true copy. Attest: Aili,ty /1 (4,14,144 0 Mary R. McDonough, Town Clerk P L Roger G. Trudeau, 7 Volunteer Way, resigned as a.Town Meeting Member from Precinct 7 effective March 15, 1983. Walter N. Leutz, 36 Bertwell Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 7 at the Annual Town Election held March 7, 1983. As of March 22, 1983, Mr. Leutz filed his acceptance of the position of Town Meeting Member from Precinct 7 to fill the vacancy caused by the resignation of Mr. Trudeau. This term will expire in March 1984. 206 SPECIAL ELECTION - PRECINCT NINE TOWN MEETING MEMBERS ONLY HELD APRIL 4, 1983 A special election of Town Meeting Members of Precinct Nine only was held on April 4, 1983 at 7:30 P.M. in Estabrook Hall. At the Annual Town Election held March 7, 1983 James J. Scanlon, 66 School Street and Stanley S. Wallack, 315 Lincoln Street each received 237 votes for Town Meeting Member in Precinct Nine, therefore creating a tie. This special election is held to determine which candidate will fill the two year term ending in March 1985 and which one will fill the one year term ending in March 1984. Chairman of the meeting: Kenneth O. Alves Clerk of the meeting: L. Gail Colwell The meeting was called to order at 7:37 P.M. by Kenneth O. Alves. There were 18 Precinct Nine Town Meeting Members present. The election was held by secret ballot, counted by Paul E. Mazerall and Neil Gray. Results as follows: James J. Scanlon 7 Stanley S. Wallack 11 It is declared that Stanley S. Wallack is elected to a term of two years ending in March 1985. It is further declared that James J. Scanlon is elected to a term of one year ending in March 1984. Chairman Kenneth O. Alves /Signed/ Clerk Gail Colwell /Signed/ Dated: 4 April, 1983 O-7 ANNUAL TOWN MEETING - APRIL 4, 1983 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. and was immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 189 Town Meeting Members present. The invocation was offered by Rev. Walter H. Cuenin, Associate Pastor of the Sacred Heart Church. 8:08 P.M. The warrant was read by the Town Clerk, Mary R. McDonough, until further reading was waived by the meeting. 8:09 P.M. The Town Clerk read the Constable's Return of the warrant. 8:09 P.M. .0 The Moderator announced that Article 2 would be open throughout the meeting. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Article 2. William J. Dailey, Jr., Chairman of the Appropriation Committee, moved that the Interim Report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:10 P.M. James F. Crain, Chairman of the Board of Selectmen, moved that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Adopted unanimously although no written report was filed at this time. 8:10 P.M. (Written and signed report filed in the Town Clerk's Office on April 26, 1983. ) James F. Crain moved that the report of the Town Manager be accepted and placed on file. Adopted unanimously. 8:10 P.M. APPOINTMENTS TO CARY Article 3. Presented by James F. Crain. LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farn- ham and Suzanna E. Cary for the current year. Adopted unanimously. 8:12 P.M. Article 4. Presented by Stephen Michael Politi. ASSESSORS - BLIND EXEMPTION MOTION: That the Town accept Clause Thirty-seventh A of Section 5 of Chapter 59 of the General Laws. 8:12 P.M. (Ch. 59, Sec. 5, Clause 37A - CERTAIN REAL PROPERTY OF CERTAIN BLIND PERSONS) Adopted by voice vote. 8:13 P.M. (For the first time, the town meeting was taped by Adams-Russell Cablevision to be shown on cable television on the night following the meeting. Television cameras and the bright lights were observed during the meeting with the except- ion of the times that slides were being shown and the hall had to be in darkness.) O (Annual Town Meeting - April 4, 1983.) Article 5. RETIREMENT BOARD INDEMNIFICATION Presented by James F. Crain. MOTION: That the Town accept Section 20A of Chapter 32 of the General Laws. 8:13 P.M. (Ch. 32, Sec. 20A - INDEMNIFICATION OF MEMBERS OF RETIREMENT BOARDS FOR DAMAGES ARISING FROM OFFICIAL DUTIES.) Mr. Crain stated that the Board of Selectmen unanimously support this motion. Adopted unanimously. 8:14 P.M. Article 6. SCHOOL FOUNDATION The motion under Article 6 was presented by Patricia A. Swanson but read by the Moderator as follows: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) petition the General Court for an act to permit the School Depart- ment to establish a revolving fund for receipts derived from the sale or licensing of materials and productions and from services in connection therewith. 8:14 P.M. William W. Welch, Jr. , Precinct 2 Town Meeting Member, gave written notice that he would abstain from voting on Article 6. James C. Beck, School Committee Member, was recognized at the request of Patricia A. Swanson, also a School Committee Member, and he voiced the support of his committee in regards to the motion under Article 6. 8:18 P.M. r William J. Dailey, Jr. stated that the Appropriation Committee recommended unfavorable action on this article, adding that all departments generate funds and he does not want to encourage other departments to have revolving funds. 8:20 P.M. Frank Sandy and Gerald L. Abegg voiced support while Renee Cochin spoke in opposition. 8:26 P.M. Main motion, as presented by Mrs. Swanson, declared adopted by voice vote. 8:26 P.M. Article 7. AUTHORIZE SPECIAL LEGISLATION TO ALLOW TAX LEVY TO GO TO 24% Margery M. Battin moved to postpone Article 7 until after Article 51. 8:27 P.M. Mrs. Battin added that she felt it was premature to vote on Article 7 before they know what local aid distribution will be etc. It is believed that this information will be available in May. 8:30 P.M. Town Manager, Robert M. Hutchinson, Jr. , was recognized and he stated that when thisarticle is acted upon, he would bring an financial estimate of a five year plan, an outline of major expenses and —• he will have a handout—at that time. 8:32 P.M. Mrs. Battin's motion to postpone Article 7 until after Article 51 was declared adopted unanimously. 8:35 P.M. (See Pages 271 and 272) (Annual Town Meeting - April 4, 1983.) Cni4 Article 8. AUTHORIZE SPECIAL LEGISLATION TO AMEND SELECTMEN-TOWN MANAGER ACT Stephen Michael Politi moved that this article be tabled which was declared adopted by voice vote. 8:37 P.M. (See Pages 234 and 235. ) Article 9. AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD Margery M. Battin moved that Article 9 be postponed to Wednesday evening, April 6. 8:37 P.M. Mrs. Battin stated that the Selectmen have not come to an agree- ment regarding the charge to LEXHAB. 8:38 P.M. Arthur C. Smith and Julian J. Bussgang both expressed the desire for a written and not an oral report when the Selectmen do come to an agreement. 8:42 P.M. Mrs. Battin answered that it was not physically possible to have a written report for Wednesday as the Board does not meet until 7 P.M. on that evening. She added that town meeting would decide if it wished town meeting to be extended in order that this report (written) could be available before the vote on Article 9. 8:43 P.M. James M. McLaughlin, a member of the Lexington Housing Authority, stated that the Housing Authority would like to have this article taken up in May and would like to have a written report. 8:45 P.M. William J. Scouler moved to amend: moved to postpone this article until the first session of this meeting in the month of May. 8:50 P.M. Mrs. Battin explained that the Selectmen felt that there was an urgency in. regards to this article, the reason for the postponement date of April 6, but they would be comfortable with the May post- ponement if Town Meeting Members wish it. 8:51 P.M. Mr. Scouler's motion to amend to postpone until the first session of this meeting in the month of May was declared adopted by voice vote. 8:53 P.M. Main motion, as amended, declared adopted by voice vote. 8:54 P.M. (The motion, as adopted, postpones action on Article 9 until the first session of this meeting in the month of May.) (See Pages 235 and 272) Article.l0. TRANSFER OF TOWN OWNED LAND TO CONSERVATION Presented by Angela E. Frick. (As MOTION: That the Conservation Commission be authorized to purchase adopted) 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 19 on Assessors' Property Map 58. 8:55 P.M. Mrs. Frick showed a slide of the location and gave a short explanation. 9 P.M. (Annual Town Meeting - April 4, 1983.) Article 10. Jacquelyn R. Smith, Chairman of the Planning Board, filed the (Cont.) Report of the Planning Board which stated that the Planning Board is not in favor of transferring the so-called "Poor Farm" land to the Conservation Commission at this time, although it is one of the few publicly owned open spaces in that neighborhood. 9 P.M. Jacquelyn R. Smith presented a substitute motion as follows: MOTION: That the transfer of the "poor farm" land be deferred at least until the Planning Board has adopted a land use plan. 9:02 P.M. Mrs. Smith explained in her short explanation that she was not speaking in opposition of the main motion but that this is a procedural point at this time. 9:04 P.M. Mrs. Smith asked for the unanimous consent of the meeting to delete the words "at least" from her substitute motion but an objection was raised by Ephraim Weiss, therefore the words were not deleted. 9:05 P.M. Charles E. Connolly, Jr. recommended action on the main motion at this time and Ephraim Weiss urged defeat of the substitute motion and favorable action on the main motion. 9:10 P.M. Earnest J. Johnson, a resident at 75 Cedar Street for twenty years, urged passage of the main motion. Speaking from the balcony, Mr. Johnson told how his seven children had played on this land, keeping them off the street and safe from being hit by automobiles. 9:13 P.M. Stephen Michael Politi stated that four members of the Board of Selectmen were unable to support the Conservation Commission on this article. 9:15 P.M. Manfred P. Friedman and Paul W. Marshall both favored the main r motion. Mr. Marshall said that the land should be conservation land as that is what it actually was. 9:17 P.M. Mrs. Smith's substitute motion was declared lost by voice vote. 9:18 P.M. Frank I. Michelman moved that Article 10 be indefinitely post- poned but this motion was declared lost by voice vote. 9:18 P.M. Mrs. Frick said that the Conservation Commission felt that it had a commitment to the neighborhood. It is a thickly settled neighborhood and this is the only open land and she hoped that this small piece of land would be voted as conservation land. 9:20 P.M. James M. McLaughlin felt that a portable house lot would be appropriate but Mrs. Frick answered that the land was wet and swampy. 9:23 P.M. In answer to Marian C. Reilly's question "If the lot is buildable, could it be taken out of conservation?", Norman P. Cohen, Town Counsel stated _ that it would take a two-thirds vote of the legislature. 9:26 P.M. Main motion, as presented by Mrs. Frick, declared adopted unanimously. 9:26 P.M. .... James M. McLaughlin served notice of reconsideration of Article 10. 9:26 P.M. (Annual Town Meeting - April 4, 1983.) 211 Article 11. TRANSFER OF SCHOOL PROPERTY Paul Newman moved that Article 11 be tabled which was adopted unanimously. 9:27 P.M. (William W. Welch, Jr. gave written notice that he would abstain from voting on Article 11.) (See Pages 270 and 271) Article 12. ZONING BY-LAW TECHNICAL CORRECTIONS Presented by Karsten Sorensen. MOTION: That the Zoning By-Law of the Town be amended as set forth in the article. 9:27 P.M. (Article 12 as set forth in the article: To see if the Town will vote to amend the Zoning By-Law as follows: a. In SECTION 2, in the fourth line of the definition of REAR LINE OF A LOT, by striking the words "building inspector" and substituting in place thereof the words "building commissioner", and b. 1) In paragraph 4.5.3, by adding the words "or as duly amended from time to time thereafter" after the words "effective June 1, 1978" as they appear in two places. 2) In sub-paragraph 9.6.4a, by adding the words "or as duly amended from time to time thereafter" after the words "effective June 1, 1978"; and c. In sub-paragraph 8.3.3e, by striking the word "proces" and substituting in place thereof the word, "process," and d. In sub-paragraph 8.3.4e, by striking the word "suffieiently" and substituting in place thereof the word "sufficiently";) Karsten Sorensen filed the report of the Planning Board on Article 12. 9:27 P.M. Main motion declared adopted unanimously. 9:27 P.M. (Main motion as adopted reads: (As MOTION: That the Zoning By-Law of the Town be amended as follows: adopted) a. In SECTION 2, in the fourth line of the definition of REAR LINE (Approved OF A LOT, by striking the words "building inspector" and by Atty. substituting in place thereof the words "building commissioner", Gen. , Francis and X. Bellotti, August 26, b. 1) In paragraph 4.5.3, by adding the words "or as duly amended 1983. from time to time thereafter" after the words "effective Posted in June 1, 1978" as they appear in two places. Town Office 2) In sub-paragraph 9.6.4a, by adding the words "or as duly Building amended from time to time thereafter" after the words & nine "effective June 1, 1978"; and precincts on Sept. c. In sub-paragraph 8.3.3e, by striking the word "proces" and 22, 1983. ) substituting in place thereof the word, "process," and d. In sub-paragraph 8.3.4e, by striking the word "suffieiently" and substituting in place thereof the word "sufficiently" . Adopted unanimously. 9:27 P.M.) 212 (Annual Town Meeting - April 4, 1983. ) Article 13. RENAME SHERBURNE ROAD; WELLINGTON LANE AVENUE AND MEADOW BROOK AVENUE Presented by John F. McLaughlin. (Sec. a MOTION: (a) That Sherburne Road, from Kendall Road a distance of adopted) 1080 feet, plus or minus, be renamed Sherburne Road South. (Sec. b (b) That Wellington Lane Avenue and Meadow Brook Avenue from tabled. Blossomcrest Road to Wellington Lane Avenue be renamed Wellington See Page Lane. 273) 9:28 P.M. The Moderator stated that it_ is capable of being divided and he therefore would divide them for voting purposes and a vote would be taken on each section separately. 9:28 P.M. Mr. McLaughlin informed the meeting that petitions had been received from residents of Sherburne Road who were desirous of making this change. 9:30 P.M. Section (a) was declared adopted unanimously. 9:30 P.M. (See Page Section (b) . John F. McLaughlin moved that Section (b) be 273) tabled and this motion was adopted unanimously. 9:30 P.M. (Mr. McLaughlin explained that as Section (b) related to financial considerations, it would be considered in May. ) Article 14. ACCESSORY APARTMENTS Margaret F. Rawls moved that Article 14 be postponed to the first order of business on April 6 at 8 P.M. This motion was adopted unanimously. 9:30 P.M. (See Pages 218-233) Article 15. SUBSTITUTE 2-FAMILY HOUSE FOR MORROW CROSSING UNITS Stephen Michael Politi moved that this article be tabled. This motion was adopted by voice vote. 9:31 P.M. (See Page 273) Article 16. REZONE SPENCER PROPERTY Presented by Anthony L. Mancini. (Not MOTION: That the Zoning By-Law and the Zoning Map be amended by adopted) changing the district designation from RS - One Family Dwelling District to CD - Controlled Commercial and Industrial District of land on the northwesterly side of Waltham Street, commonly known as 87-89 Waltham Street, bounded and described as set forth in this article. The preliminary site development and use plan for such zoning district shall be the plan dated January 10, 1983, filed with the Town Clerk. 9:33 P.M. {� A recess was called by the Moderator at 9:34 P.M. and the meeting was reconvened at 9:49 P.M. Dennis R. Lowe, lawyer for the proponent, gave an explanation of the proposed plans for this property and showed slides of the location. 10:05 P.M. Laura F. Nichols filed the Report of the Planning Board on this article and told the meeting that the Planning Board does not favor this proposal. 10:07 P.M. (Annual Town Meeting - April 4, 1983. ) t Article 16. Martin A. Gilman voiced the opposition of the Lexington Historical (Cont.) Commission to this type of proposal. 10:08 P.M. Gerald L. Abegg spoke for some of the residents of Waltham Street in opposition. 10:09 P.M. Julian J. Bussgang had polled his neighbors on Forest Street and felt that the existing house could be used more economically if it were divided into two or three apartments. 10:10 P.M. Erna S. Greene also spoke in opposition and described the beauty, in her opinion, of the entrance to Lexington Center from Waltham Street with the older type houses lining both sides of the street. 10:11 P.M. Main motion, as presented by Mr. Mancini, declared lost by voice vote. 10:12 P.M. Article 17. FEES - SEALER OF WEIGHTS/MEASURES Presented by Robert F. Sacco. (See MOTION: That Article XXIV of the General By-Laws of the Town of Page Lexington be amended by adding a new Section 3 thereto as set 214 forth in this article. for 10:12 P.M. motion as (New Section 3 as set forth in this article: adopted) Section 3. The fees of the Sealer of Weights and Measures shall be as established in Section 56 of Chapter 98 of the General Laws, and any acts in amendment thereof or in addition thereto, except for the following which shall be as listed: Device Fee Balances and Scales Over 10,000 lbs. $50. 5,000 to 10,000 lbs. 30. 1,000 to 5,000 20. 100 to 1,000 10. Less than 100 lbs. 5. Weights Avoirdupois (Each) .50 Metric (Each) .50 Apothecary (Each) .50 Troy (Each) .50 Capacity Measures Vehicle Tanks Each Indicator 5. Each 100 Gals. or Fraction thereof 2. Liquid 1 Gallon or less .50 More than 1 gallon 1. Liquid Measuring Meters Inlet 1/2" or less Oil, Grease 4. Inlet more than 1/2" to 1" Gasoline 6. Inlet more than 1" Vehicle Tank Pump 15. Vehicle Tank Gravity 20. Bulk Storage 40. Company Supplies Prover 20. Pumps Each stop on pump 1. 214 (Annual Town Meeting - April 4, 1983.) Article 17. (New Section 3 as set forth in this article: (Cont.) (Cont. ) Other Devices Taxi Meters 6. Odometer-Hubodometer 6. Leather Meas. (Semi-annual) 4. Fabric Measuring 4. Wire-Rope-Cordage 4. Linear Measures Yard Sticks .50 Tapes .50 Miscellaneous J Milk Jars (per gross) 8. Dry Measures .50) Mr. Sacco explained that this article proposes to raise the fees charged by the Sealer of Weights and Measures. This proposed fee schedule has been adopted by most of the communities contiguous to Lexington, including Waltham, Arlington, Woburn, Lincoln and Burlington. 10:12 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:12 P.M. (Motion as adopted: (As MOTION: That Article XXIV of the General By-Laws of the Town of adopted) Lexington be amended by adding a new Section 3 thereto as follows: (Approved Section 3. The fees of the Sealer of Weights and Measures shall by Atty. be as established in Section 56 of Chapter 98 of the General Gen. , Laws, and any acts in amendment thereof or in addition thereto, Francis X. except for the following which shall be as listed: Bellotti, August 10, Device Fee 1983. Advertised Balances and Scales in Lex. Over 10,000 lbs. $50. Min. Man, 5,000 to 10,000 lbs. 30. September 1,000 to 5,000 20. 1 and 8, 100 to 1,000 10. 1983. ) Less than 100 lbs. 5. Weights Avoirdupois (Each) .50 Metric (Each) .50 Apothecary (Each) .50 Troy (Each) .50 Capacity Measures Vehicle Tanks Each Indicator 5. Each 100 Gals. or Fraction thereof 2. Liquid 1 Gallon or less .50 More than 1 gallon 1. Liquid Measuring Meters Inlet 1/2" or less Oil, Grease 4. Inlet more than 1/2" to 1" --+ Gasoline 6. Inlet more than 1" Vehicle Tank Pump 15. Vehicle Tank Gravity 20. Bulk Storage 40. Company Supplies Prover 20. Pumps Each stop on pump 1. is, . "4... (Annual Town Meeting - April 4, 1983. ) d. . ,: 215 Article 17. (Motion as adopted: (Cont.) (Cont.) Other Devices Taxi Meters 6. Odometer-Hubodometer 6. Leather Meas. (Semi-annual) 4. Fabric Measuring 4. Wire-Rope-Cordage 4. Linear Measures Yard Sticks .50 Tapes .50 l _ Miscellaneous Milk Jars (per gross) 8. Dry Measures .50 Adopted unanimously. 10:12 P.M.) Article 18. Presented by Guy W. Doran. CLEAN INDOOR AIR MOTION: That Article XXVI of the General By-Laws of the Town of (See Lexington be amended by adding a new Section 7 thereto as set forth Page in this article with the addition of the following sentence at the 215a end of the second paragraph: The term "restaurant" does not include for company cafeterias. motion 10:13 P.M. as adopted) (Article 18 as set forth in the article: CLEAN INDOOR AIR To see if the Town will vote to amend Article XXVI of the General By-Laws of the Town of Lexington by adding a new Section 7 thereto as follows: CLEAN INDOOR AIR As used in this section, "smoking" means the lighting of or the having in ones possession of any lighted cigar, cigarette, pipe or other tobacco product. As used in this section "restaurant" means a restaurant with a seat- ing capacity of fifty (50) or more persons. No person shall smoke in any restaurant except in specifically designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is pro- hibited by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restaurants shall comprise no more than seventy-five (75) percent of the seating capacity of the restaurant. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no-smoking areas. In the case of restaurants consisting of a single room, the provisions of this by-law shall be considered met if one side of the room is reserved and posted as a no-smoking area, provided that the no-smoking area comprises no less than twenty- five (25)( percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no-smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke-free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or (d) any other means which may be appropriate. (Annual Town Meeting - April 4, 1983. ) 215a Article 18. (Article 18 as set forth in the article: (Cont.) (Cont. ) The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by-law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. or act in any other manner in relation thereto. ) Mr. Doran gave a short explanation of the article. 10:17 P.M. James W. Lambie, Chairman of the Board of Health, voiced the support of the Board on this article and added, that if adopted, the Board of Health would adopt rules and regulations for implementation. He did say that the Health Department would not be able to monitor on a day to day basis. 10:19 P.M. Mary W. Miley urged passage of this motion and said that it had the support of the Board of Health, Board of Selectmen, Council on Aging and the League of Women Voters. 10:22 P.M. George E. Foote, after speaking in favor, asked that Dr. Julian L. Pearlman be recognized. Dr. Pearlman, as a physician for children, spoke from the balcony in support of the motion. 10:27 P.M. James F. Crain voiced the unanimous support of the Board of Selectmen. 10:27 P.M. Motion as presented by Mr. Doran declared adopted unanimously. 10:27 P.M. (Motion as adopted under Article 18: (As MOTION: That Article XXVI of the General By-Laws of the Town of adopted) Lexington be amended by adding a new Section 7 thereto: (Approved CLEAN INDOOR AIR .._ by Atty. Gen. , Section 7. As used in this section, "smoking" means the lighting August of or the having in ones possession of any lighted cigar, cigarette, 10, 1983. pipe or other tobacco product. Advertised in Lexington As used in this section "restaurant" means a restaurant with a Min. Man, seating capacity of fifty (50) or more persons. The term "restaurant" September does not include company cafeterias. 1 and 8, No person shall smoke in any restaurant except in specifically 1983. ) designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is prohibi- ted by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restau- rants shall comprise no more than seventy-five (75) percent of the seating capacity of the restaurant. Where smoking areas are desig- nated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no-smoking areas. In the case of restaurants consisting of a single room, the provisions of this by-law shall be considered met if one side of the room is reserved and posted as a no-smoking area, pro- vided that the no-smoking area comprises no less than twenty-five (25) percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no-smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke-free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or ** AMA (Annual Town Meeting - April 4, 1983.) ;. '3;KI 215b Article 18. (Motion as adopted under Article 18: (Cont.) (Cont. ) (d) any other means which may be appropriate. The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by-law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. Adopted unanimously. 10:27 P.M. ) (See Page 215a) r— Robert F. Sacco moved that Article 25 be taken up out of order at this time. Adopted unanimously. 10:28 P.M. Article 25. TAX ANTICIPATION BORROWING Presented by Robert F. Sacco. MOTION: That the Town Treasurer, with the approval of the Selectmen, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1983 and to issue a note or notes therefor, payable within one year, under G.L. c. 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. c. 44, sec. 17. Adopted unanimously. 10:29 P.M. Robert F. Sacco moved that Article 26 be taken up out of order at this time. Adopted unanimously. 10:29 P.M. Article 26. CONSERVATION FUND Presented by Robert F. Sacco. MOTION: That the sum of $11,194.69 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 to raise such amount $2,241.00 be transferred from the appro- priation voted under Article 58 of the Warrant for the 1968 Annual Town Meeting, $6,555.00 be transferred from the appro- priation voted under Article 46 of the warrant for the 1974 Annual Town Meeting, and $2,398.69 be transferred from the appropriation voted under Article 48 of the warrant for the 1974 Annual Town Meeting. 10:30 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action. 10:31 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:31 P.M. iris /' (Annual Town Meeting - April 4, 1983.) 216 Robert F. Sacco moved that Article 28 be taken up out of order at this time. Adopted unanimously. 10:32 P.M. Article 28. RESCIND UNUSED BORROWING AUTHORIZATION Presented by Robert F. Sacco. MOTION: That the $5,000 of unused borrowing authorization voted under Article 55 of the warrant for the 1973 Annual Town Meeting be rescinded. 10:32 P.M. Mr. Sacco explained that this would release the balance of the unissued bond authorization under Article 55 of the 1973 Annual Town Meeting which provided for acquisition of the Porter Land off Lowell Street for conservation purposes. 10:32 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action. 10:32 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:32 P.M. Article 2. Louis A. Zehner presented the following under Article 2: For the benefit of new town meeting members I report that last year I called attention to our undefended 3,000 mile border with Canada with which nation we had been at peace for 167 years, - a situation unique in the history of nations. Also that Queen Elizabeth had only recently signed the articles which granted Canada its own constitution. I suggested that the selectmen invite President Reagan to the 1983 Patriot's Day celebration and that he in turn invite Premier Trudeau to help celebrate the almost 170 years of peace and to celebrate Canada' s first birthday of a new nation. Explicit in its hearty approval was the town meeting vote that all expenses outside of the usual April 19 costs would be raised outside the town budget. The letter of invitation was duly sent. It arrived in the midst of the planning for the Versailles Conference. Six weeks intervened before the response from the President's appointment secretary was received. That response expressed warm appreciation for the invitation and was gracious in every way but it was firm in saying that any commitment from the President would have to wait until 1983 when the demands on his time could be better appraised. 21(Annual Town Meeting - April 4, 1983.) _ Article 2. (Continuation of Mr. Zehner's report:) (Cont.) After learning that six or seven months might likely elapse before we knew for sure that the President and Premier Trudeau could attend, I made informal inquiries of local individuals and local businesses and of broad corporate possible sources. The response was lukewarm. It was a poor economic climate in which to solicit funds to begin with but there were other problems. Canada had indeed received its constitution but it had long been independ- ent in all but name. Much was made by Premier Trudeau of the signing of the constitution by Queen Elizabeth but not for genera- tions had Canada been shackled by any colonial status. In no sense was it akin to the emerging African nations casting off -the bonds of its European parents. It has been said that the independence it gained was largely cosmetic. It was a weak peg on which to hang an international birthday celebration. Another fact intruded. Friendly neighbors tho Canada and America had been, respected allies in two World Wars, in recent years commercial relations have not been tranquil. Differences arising in energy problems have been a source of really irritating contro- very. Those differences and others still exist. It is fine to celebrate a peaceful past but if we follow the pattern of President Ford's visit in 1975, a gracious exchange of pleasantries between the two participants in 10 or 15 minute ex- changes might paper over differences but not remove them. No, the action should be based on profound study and on a meeting of the minds. April 19th doesn't seem appropriate. Nevertheless, the concept is a noble one. It should not be allowed to die. The opportunity to emphasize the peace loving aspects of America must not be lost. What alternative is possible? Several months ago there was national publicity that Canada owns a prime site on Pennsylvania Ave. in Washington on which it plans to build a 40-50 million dollar embassy. Mr. Trudeau had appointed an architect but action was then in limbo because of opposition to his selection. I do not know how far away ground breaking may be but that occasion seems a heaven-sent opportunity to capitalize on our many many years of peace along our 3,000 mile frontier. A second act to the ground breaking could be the dedication and house warming of the completed Embassy. I profoundly hope that the failure of the plan to materialize for 1983 may be only a postponement, not the death of a noble endeavor. 10:40 P.M. Mr. Zehner then made the following motion: MOTION: That the Board of Selectmen be asked to write the U. S. Secretary of State to remind him of the existence of this undefended 3,000 mile border with Canada and to use the information as seems best to emphasize this long demonstration of America's peaceful attribute, possibly at the ground breaking of the projected Canadian Embassy in Washington. The Moderator ruled that this resolution was adopted unanimously. 10:41 P.M. Margaret F. Rawls questioned an item in the Town Manager's Status r-- Report on Open Money Articles that had been filed this evening under Article 2 and she was given the explanation by Town Counsel, Norman P. Cohen. 10:45 P.M. James F. Crain moved that this meeting be adjourned to Wednesday, April 6, 1983 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:46 P.M. A true copy. Attest: q1/40.61.. ,Q G 4,,,,,k.„1„ Mary R. McDonough, Town Clerk C t<. ? ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING APRIL 6, 1983 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:15 P.M. There were 187 Town Meeting Members present. The invocation was offered by Rev. John P. Streit, Jr. , Associate Pastor of the Church of Our Redeemer. 8:18 P.M. The Moderator announced that the meeting would be in a_ short. formal recess 1 as he introduced the Lexington Minute Maids High School Girls Championship Basketball Team. 8:19 P.M. State Representative Stephen W. Doran read a resolution from the House of Representatives honoring the team. 8:22 P.M. The Moderator then introduced John Steele, State High Jump Champion and Representative Doran read a resolution from the House of Representatives honoring this young man. 8:25 P.M. Both the Championship Basketball Team and the Champion High Jumper received standing ovations from the meeting. The Moderator announced that Article 2 would be open throughout the entire meeting. 8:25 P.M. Article 2. Robert I. Rotberg questioned the Town Manager in regard to the delay in the construction of the outdoor track at the Center Playground. 8:26 P.M. Robert M. Hutchinson, Jr. , Town Manager, answered that there was no delay. Bids were received and he expects that the track would be completed by September and possibly could be finished by July. 8:27 P.M. Eric T. Clarke, a member of the Civil Defense Plan Study Committee, moved that the report of said committee be accepted and placed on file. Adopted unanimously. 8:29 P.M. Article 14. ACCESSORY APARTMENTS Presented by Jean Gaudet. (See Pages 212 and MOTION: That the Zoning By-Law of the Town be amended as set forth 227 - in the motion of the Accessory Apartment Committee dated March 30, 233 1983, and filed with the Town Clerk on April 4, 1983. for 8:29 P.M. motion as (Motion of the Accessory Apartment Committee dated March 30, 1983 adopted) as filed with the Town Clerk on April 4, 1983 as follows: MOTION: That the Zoning By-Law be amended by: a. inserting a new sub-section, as follows: "5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: ACCESSORY APARTMENTS An accessory apartment is a second dwelling unit located within a structure constructed as a detached one family dwelling, sub- ordinate in size to the principal dwelling unit and separated from it, in a manner that maintains the appearance of the structure as a one family dwelling. 6 (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) 62_.__9 Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) 5.2.1 GENERAL OBJECTIVES The provision of accessory dwelling units in owner occupied one family dwellings is intended to: 1) increase the number of small dwelling units available for rent in the town, 2) increase the range of choice of housing accomodations, 3) encourage greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy-efficient use of the town's housing supply, while main- - taining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. The owner of the dwelling in which the accessory apart- ment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the "owner" shall be one or more individuals who constitute a family, who hold title directly or in- directly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The net floor area of the dwelling shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/ Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 6. The maximum net floor area of the accessory apartment shall not exceed 30 percent of the net floor area of the dwelling as of January 1, 1983. 7. There shall not be more than two bedrooms in an accessory apartment. 8. No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. b. Exterior Appearance of a Dwelling with an Accessory Apartment The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 1. All stairways to second or third stories shall be en- closed within the exterior walls of the dwelling. 2. There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. 3. Any new entrance shall be located on the side or in the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary. c. Off-street Parking There shall be provided at least two off-street parking spaces for the principal dwelling unit and at least one off-street parking 2 2 0 (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) c. Off-street Parking (Cont.) space for the accessory apartment. In order to maintain the appearance of a single family neighborhood all parking spaces on the lot shall be subject further to the following conditions and requirements: 1. Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space. 2. Not more than two outdoor parking spaces shall be located in the required front yard. All other parking spaces shall be .� either: 1) outdoor parking spaces located in a side or rear yard or 2) in a garage or carport. 3. There shall be no more than four outdoor parking spaces on the lot. 4. No parking space shall be located within the boundary of a street right-of-way 5. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 6. Where there are more than two outdoor parking spaces, there shall be provided suitable screening with evergreen or dense deciduous plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot line and, if the parking space is in the front yard and parallel to the street, in the area between the parking space and the front lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single family appearance of the neighborhood. 5.2.3 PROCEDURES a. No accessory apartment shall be constructed without issuance of a building permit by the building commissioner. b. The application for a building permit shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2 as the building commissioner may require. c. Not less than 14 days before issuing a building permit, the building commissioner shall notify owners of property immediately abutting the applicant's property, including owners of property separated from the applicant's property by a public or private way, an application for a building permit for an accessory apartment has been filed. d. The building commissioner shall act on the application within 30 days of receipt. e. No use as an accessory apartment shall be permitted prior to issuance of a certificate of occupancy by the building commissioner. A Certificate of Occupancy shall be issued after the building commissioner determines that the accessory apartment as con- structed is in conformity with the approved plans and with the provisions of this by-law. f. A certificate of occupancy shall be issued for a period not greater than three years. Continued occupancy will require issuance of a new certificate of occupancy. Proof of owner occupancy shall be submitted with the application for a new certificate of occupancy. g. A certificate of occupancy shall be issued to the owner only, and is not transferable. A new owner shall apply to the building -- commissioner for a new certificate of occupancy. 5.2.4 TEMPORARY ABSENCE OF OWNER An owner of a dwelling containing an accessory apartment who is to be absent for a period of less than two years may rent the owner's unit as well as the second unit during the temporary absence provided: CI (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) C; W� - - Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) a. Written notice thereof shall be made to the building commissioner on a form prescribed by him. b. The owner shall be resident in the house for at least two years prior to the temporary absence. c. The residence shall be owner occupied for at least two years between such temporary absences. d. The house shall remain the owner's primary legal residence for voting and tax purposes. 5.2.5 REGISTRATION OF NON-CONFORMING UNITS CREATED BEFORE 1924 a. For a second dwelling unit which existed as of January 1, 1983, in a one family dwelling, in an RO or RS district, to be a non- conforming (lawful) use, the second dwelling unit must have been constructed prior to March 17, 1924 in a dwelling and have been in continuous use since that time with the exception of temporary non-use for a period not greater than twenty-four consecutive months. b. To verify the nonconforming status of such a unit, an owner shall apply for a certificate of occupancy from the building commission- er prior to January 1, 1985 and shall present documentary evidence that: 1) the second dwelling unit was constructed prior to March 17, 1924; and 2) the unit was in use for any three years between 1978 and 1982 inclusive, which shall, for this purpose, be considered prima facia evidence of continuous use since 1924; and the building commissioner shall issue a certificate of occupancy, which shall remain effective so long as the second dwelling unit remains in continuous use. If sufficient evidence of construction prior to March 17, 1924 and of continued use is not presented, the second dwelling unit shall be considered a second dwelling unit in violation, and shall comply with para- graph 5.2.6. c. If an owner does not apply for a certificate of occupancy by January 1, 1985, he/she shall be required to present evidence of continuous use of the second dwelling unit since 1924 in order to obtain a certificate of occupancy, and shall be subject to penal- ties under paragraph 3.1.1. 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1983, in a one family dwelling in an RO or RS district, except those which are a lawful, non-conforming use, or those which were granted a special permit under Table 1, Use Regulations Schedule, line 1.6, dwelling conversion to two family, or similar provisions of preceding Zoning By-Laws, are in violation of the Zoning By-Law. a. Owners of existing second dwelling units in violation must apply to the building commissioner for a determination of compliance with paragraph 5.2.2 before January 1, 1985. Applications shall be accompanied by a filing fee and by such plans and other docu- mentation related to the conditions and requirements of paragraph 5.2.2, as may be required by the building commissioner. b. Within 90 days the building commissioner shall issue one of the following: 1. A determination of compliance with paragraph 5.2.2, and a certificate of occupancy. 2. A conditional determination of compliance with paragraph 5.2.2, describing corrective changes needed to bring the second dwelling unit into compliance, which changes shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the required changes, the building commissioner shall issue a certificate of occupancy. 3. A determination of non-compliance with one or more of the requirements of paragraph 5.2.2, together with a listing of those requirements and conditions with which compliance cannot be achieved through corrective changes. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont. ) The owner of a second dwelling unit built prior to December 31, 1961 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non-complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. All other second dwelling units not in compliance with paragraph 5.2.2 shall be terminated within one year of the date of the determination of non-compliance. c. Special conditions for second dwelling units constructed prior to December 31, 1961 that comply with at least subparagraphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5.2.2.c. 1. Upon presentation of evidence of construction prior to December 31, 1961 and of use of the second dwelling unit for any three years between 1978 and 1983 inclusive, which shall for this purpose be considered prima facia evidence of continuous use, the owner may, within 60 days of the date of the determination apply to the SPGA for a special permit for maintenance of an existing non-complying apart- ment. 2. The SPGA shall ordinarily grant a special permit for the existing non-complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other sub- stantial detrimental effect on the public welfare and con- venience. In weighing such claims and evidence, the SPGA shall consider whether any changes required to bring the second dwelling unit into compliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such addi- tional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condi- tion that a certificate of occupancy shall be obtained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA. 5. If a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the building commissioner will issue a certificate of occupancy. 6. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. d. If an owner fails to comply with paragraph 5.2.6 the second dwelling unit shall be terminated within six months of the date of notice from the building commissioner, and the owner shall be subject to penalties as provided in paragraph 3.1.1 for each day the second dwelling unit is in use after January 1, 1985. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) 26) Article 14. (Motion of the Accessory Apartment Couuuittee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) b. deleting the following existing definitions from Section 2: DWELLING CONVERSION DWELLING, ONE FAMILY DWELLING UNIT FLOOR AREA FAMILY PARKING SPACE and inserting the following new definitions in Section 2 in the proper alphabetical sequence: ACCESSORY APARTMENT: A second dwelling unit located within a structure constructed as a detached one family dwelling, sub- ordinate in size to the principal unit and separated from it in a manner that maintains the appearance of the structure as a single family house. BEDROOM: A private room, however named, planned, intended or used for sleeping, and separated from other rooms by walls and a door. CERTIFICATE OF OCCUPANCY: The certificate issued by the Building Commissioner which permits the use of a building in accordance with approved plans and in compliance with the Zoning By-Law. DWELLING: A structure, or part of a structure, which: 1) is designed or used primarily for human habitation; 2) contains one or more dwelling units; and 3) is capable of separate ownership. DWELLING, ONE FAMILY DETACHED: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWELLING UNIT: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. FAMILY: An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit and occupying one dwelling unit; or a group of individuals, not so related, but living together as a single housekeeping unit. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family. FLOOR AREA, GROSS: The sum, in square feet, of the horizontal areas of all floors of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Where the text of this By-Law refers to floor area, the term shall mean gross floor area unless the term net floor area is used. FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a building, which shall be determined by ex- cluding the following from calculation of gross floor area: a. areas used for parking or loading b. areas devoted exclusively to the operation and maintenance of a building, irrespective of its occupants, such as heating, ventilating and cooling equipment, electrical and telephone facilities, fuel storage, elevator machinery or mechanical equipment c. the thickness of load bearing walls, at each floor d. elevator shafts and common stairways, and common hallways at each floor e. porches, balconies, fire escapes which are unroofed. „ff i 6d` (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) PARKING SPACE: An area on a lot (off-street) available for the parking of one automobile, subject to the design standards of Section 9.8, but not including maneuvering space. A parking space may be entirely outdoors or within a structure. ROOMING UNIT: One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer or boarder with sleeping facilities but no kitchen facilities. * * * * * * * c. In Table 1, USE REGULATION SCHEDULE, in line 8.1: 1) by striking the words "Taking not more than three boarders or letting or renting of rooms without cooking facilities to. . .” and substituting in place thereof the words "Rooming units, without kitchen facilities, for . . ." so that the phrase, as amended, shall read "Rooming units, without kitchen facilities, for not more than three persons in an existing dwelling by a family resident therein*; . . ."; and 2) by redesignating lines 8.2 through 8.14 as 8.3 through 8.15 respectively 3) by inserting a new line 8.2, as follows: "8.2 Accessory apartment subject to section 5.2" and under the column headed RO, RS the symbol "yes" and under all other columns in Table 1 the symbol "No"; and * * * * * * * d. In Section 9.8 PARKING AND LOADING REGULATIONS 1) by adding to sub-paragraph 9.8.1 a a second sentence, as follows: "The requirement for free and unimpeded access to a street shall not apply to a one family dwelling." 2) In Section 9.8.5, SCHEDULE OF REQUIRED PARKING AND LOADING a) by adding in the third line, the words "of net floor area" after the words "s.f. - square feet" so that the third line, as amended, will read "s.f. - square feet of net floor area" b) by striking the line "RO, RS boarding or lodging dwelling 1 for each boarder and lodger and inserting in place thereof two new lines under the headings indicated DISTRICT USE REQUIRED PARKING SPACES RO, RS accessory apartment 1 per dwelling unit Any rooming unit 1 per rooming unit c) by adding a note at the end of the table for required parking spaces and before the table for required loading facilities as follows: "NOTE: to simplify the calcula- tion of net floor area, 80 per cent of the gross floor area may be used." * * * * * * * e. 1) deleting the heading "5.1 SECTIONS CONTROLLING USES" and substituting in place thereof the heading "5.1.1 PERMITTED .-- USES"; 2) inserting above the second paragraph in section 5.1, which begins "In the Use Regulations. . . . ," a new heading, "5.1.2 PRINCIPAL USES, ACCESSORY USES"; 3) renumbering sub-section "5.2" MORE THAN ONE CLASSIFICATION as "5.1.3"; 4) renumbering sub-section "5.3" USES NOT LISTED as "5.1.4". (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Wit* Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) f. By inserting a new section, as follows: "5.3 CONVERSION OF ONE FAMILY DWELLINGS The SPGA may issue a special permit for the alteration of a one family dwelling to accommodate two families, executed such that: a) The appearance and character of a one family dwelling is preserved. b) The gross habitable -floor area for each family in such dwelling is at least 700 square feet. c) No major exterior structural changes are made, except such as may be required for safety by the General Laws of the Commonwealth. d) Stairways leading to the second or any higher floor are enclosed within the exterior walls of the building.) Steven Clark, Chairman of the Accessory Apartment Committee, reviewed the work of the committee over the past months. 8:32 P.M. Marjorie F. Rawls, Committee member, further explained this new by-law and stated that the committee unanimously supported it, adding that they prefer a tightly written law. 8:47 P.M. Mrs. Rawls was recognized for a second ten minutes and finished her explanation at 8:57 P.M. Judith J. Uhrig filed the Report of the Planning Board covering Article 14 and stated that the Planning Board unanimously recommended that the Town Meeting adopt the proposed amendment under Article 14. 8:59 P.M. Ephraim Weiss stated that he does not feel that everything has been covered and that the report covered all the basic issues. 9:05 P.M. Eric T. Clarke, as an Associate Member of the Board of Appeals, spoke in support of the article. 9:07 P.M. Jacquelyn H. Ward made the following motion to amend: MOTION: That applications for new conversions under this section will not. be accepted prior to July 1984. 9:07 P.M. Mrs. Ward explained that if this amendment is adopted, it would give the Building Commissioner one year to see if it is workable. 9:08 P.M. A short conference was held with Mrs. Ward, the Town Counsel, the Moderator, Margaret F. Rawls and Steven Clark, after which the motion to amend, as offered by Mrs. Ward, was changed slightly. The Moderator read the revised amendment as follows: MOTION: That Section 5.2.3a be amended by adding thereto the following sentence: Applications for new conversions under this section will not be acceptedprior to July 1984. 9:12 P.M. Margaret F. Rawls said that the committee had no problem with this motion to amend. 9:11 P.M. In response to a request by Julian J. Bussgang, Mrs. Ward stated that she did not feel the language in her amendment needed to be changed. 9:17 P.M. As there were some points of clarification needed, the Moderator ruled that this time would not be included in the time allowed for discussion on the amendment. 9:18 P.M. 226 (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. Frank Sandy, former Planning Board Member, said that he felt that (Cont.) this by-law should not be re-written on the town meeting floor. 9:20 P.M. James F. Crain stated that a majority of the Board of Selectmen supported this amendment. 9:21 P.M. Motion to amend as presented by Jacquelyn H. Ward was delcared lost by voice vote. 9:25 P.M. Iris G. Wheaton presented the following motion to amend: Move that: (1) Section 5.2.6.b.3 be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (2) Section 5.2.6.c be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (3) Section 5.2.6.c.1 be struck entirely and the following be substituted: "1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non-complying apartment." 9:28 P.M. Elaine Dratch, Donald D. Wilson, Eric T. Clarke and Albert P. Zabin all spoke in favor of Mrs. Wheaton's amendment. 9:35 P.M. With the unanimous consent of the meeting, the words "and by deleting the third paragraph" were added to section (1) of Mrs. Wheaton's amendment by Margaret F. Rawls. 9:37 P.M. The Moderator read the amendment by Mrs. Wheaton as corrected by Margaret F. Rawls as follows: MOTION: That (1) Section 5.2.6.b.3 be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" and by deleting the third paragraph. (2) Section 5.2.6.c be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (3)Section 5.2.6.c.1 be struck entirely and the following be substituted: "1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non-complying apartment." Mrs. Wheaton's motion to amend as corrected by Mrs. Rawls was declared adopted by voice vote. 9:40 P.M. James F. Crain said that the Board of Selectmen were deeply indebted to the Accessory Apartment Committee and that the Board unanimously supported the motion of the Committee but that some of the members had reservations about the "by right" provision. 9:40 P.M. Florence E. Connor of 12 Cedar Street spoke from the balcony in opposition. 9:45 P.M. Although George E. Foote praised the work of the committee he stated that he was unable to support them on this article. 9:48 P.M. Voice vote on the main motion as presented by Mrs. Gaudet, and amended by Mrs. Wheaton (with correction by Mrs. Rawls) was not unanimous so a standing vote was taken as follows: (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) 227 Article 14. Precinct In Favor Tellers Opposed (Cont.) 1 .17 James S. Wilson 3 2 15 Lynda A. Wik 3 3 16 Paul V. Riffin 2 4 13 Peter C. J. Kelley 1 5 13 Jonathan P. Doran 6 6 17 Judith B. Marshall 2 7 16 Graydon M. Wheaton 3 8 12 Carolyn H. Tiffany 0 9 17 L. Gail Colwell 2 At Large 10 John R. Campbell 10 •— Totals 146 32 More than the required two-thirds having voted in favor, the motion as presented by Mrs. Gaudet, amended by Mrs. Wheaton (with correction by Mrs. Rawls) was declared adopted. 9:52 P.M. (Motion as adopted under Article 14: (As MOTION: That the Zoning By-Law be amended by: adopted) a. inserting a new sub-section, as follows: "5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: (Approved ACCESSORY APARTMENTS by Atty. An accessory apartment is a second dwelling unit located within General, a structure constructed as a detached one family dwelling, August subordinate in size to the principal dwelling unit and 26, 1983. separated from it, in a manner that maintains the appearance of Posted the structure as a one family dwelling. in Town Office 5.2.1 GENERAL OBJECTIVES Building The provision of accessory dwelling units in owner occupied & nine one family dwellings is intended to: 1) increase the number precincts of small dwelling units available for rent in the town, 2) in- on Sept. crease the range of choice of housing accommodations, 3) encourage 22, 1983. ) greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy-efficient use of the town's housing supply, while maintaining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. The owner of the dwelling in which the accessory apart- ment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the "owner" shall be one or more individ- uals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The net floor area of the dwelling shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/ Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 6. The maximum net floor area of the accessory apartment shall not exceed 30 percent of the net floor area of the dwelling as of January 1, 1983. o ;�) *2 2 (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 7. There shall not be more than two bedrooms in an accessory apartment. 8. No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. b. Exterior Appearance of a Dwelling with an Accessory Apartment The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 1. All stairways to second or third stories shall be en- closed within the exterior walls of the dwelling. 2. There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. 3. Any new entrance shall be located on the side or in the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary. c. Off-street Parking There shall be provided at least two off-street parking spaces for the principal dwelling unit and at least one off-street parking space for the accessory apartment. In order to maintain the appearance of a single family neighborhood all parking spaces on the lot shall be subject further to the following conditions and requirements: 1. Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space. 2. Not more than two outdoor parking spaces shall be located in the required front yard. All other parking spaces shall be either: 1) outdoor parking spaces located in a side or rear yard or 2) in a garage or carport. 3. There shall be no more than four outdoor parking spaces on the lot. 4. No parking space shall be located within the boundary of a street right-of-way 5. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 6. Where there are more than two outdoor parking spaces, there shall be provided suitable screening with ever- green or dense deciduous plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot line and, if the parking space is in the front yard and parallel to the street, in the area between the parking space and the front lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single family appearance of the neighborhood. 5.2.3 PROCEDURES a. No accessory apartment shall be constructed without issuance of a building permit by the building commissioner. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) f,_z 9 Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) b. The application for a building permit shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2 as the building commissioner may require. c. Not less than 14 days before issuing a building permit, the building commissioner shall notify owners of property immediately abutting the applicant's property, including owners of property separated from the applicant's property by a public or private way, an application for a building permit for an accessory apartment has been filed. d. The building commissioner shall act on the application within 30 days of receipt. e. No use as an accessory apartment shall be permitted prior to issuance of a certificate of occupancy by the building commissioner. A Certificate of Occupancy shall be issued after the building commissioner determines that the accessory apartment as constructed is in conformity with the approved plans and with the provisions of this by-law. f. A certificate of occupancy shall be issued for a period not greater than three years. Continued occupancy will require issuance of a new certificate of occupancy. Proof of owner occupancy shall be submitted with the application for a new certificate of occupancy. g. A certificate of occupancy shall be issued to the owner only, and is not transferable. A new owner shall apply to the building commissioner for a new certificate of occu- pancy. 5.2.4 TEMPORARY ABSENCE OF OWNER An owner of a dwelling containing an accessory apartment who is to be absent for a period of less than two years may rent the owner's unit as well as the second unit during the temporary absence provided: a. Written notice thereof shall be made to the building commissioner on a form prescribed by him. b. The owner shall be resident in the house for at least two years prior to the temporary absence. c. The residence shall be owner occupied for at least two years between such temporary absences. d. The house shall remain the owner's primary legal residence for voting and tax purposes. 5.2.5 REGISTRATION OF NON-CONFORMING UNITS CREATED BEFORE 1924 a. For a second dwelling unit which existed as of January 1, 1983, in a one family dwelling, in an RO or RS district, to be a non-conforming (lawful) use, the second dwelling unit must have been constructed prior to March 17, 1924 in a dwelling and have been in continuous use since that time with the exception of temporary non-use for a period not greater than twenty-four consecutive months. b. To verify the nonconforming status of such a unit, an owner shall apply for a certificate of occupancy from the building commissioner prior to January 1, 1985 and shall present documentary evidence that: 1) the second dwelling unit was constructed prior to March 17, 1924; and 2) the unit was in use for any three years between 1978 and 1982 inclusive, which shall, for this purpose, be considered prima facia evidence of continuous use since 1924; and the building commissioner shall issue a certificate of occupancy, which shall remain effective so long as the second dwelling unit remains in continuous use. If suffi- cient evidence of construction prior to March 17, 1924 and of continued use is not presented, the second dwelling unit shall be considered a second dwelling unit in violation, and shall comply with paragraph 5.2.6. c. If an owner does not apply for a certificate of occupancy by January 1, 1985, he/she shall be required to present evidence of continuous use of the second dwelling unit since 1924 in order to obtain a certificate of occupancy, and shall be subject to penalties under paragraph 3.1.1. , ;,� (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1983, in a one family dwelling in an RO or RS district, except those which are a lawful, non-conforming use, or those which were granted a special permit under Table 1, Use Regulations Schedule, line 1.6, dwelling conversion to two family, or similar provisions of preceding Zoning By-Laws, are in violation of the Zoning By-Law. a. Owners of existing second dwelling units in violation must apply to the building commissioner for a determination of compliance with paragraph 5.2.2 before January 1, 1985. Applications shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2, as may be required by the building commissioner. b. Within 90 days the building commissioner shall issue one of the following: 1. A determination of compliance with paragraph 5.2.2, and a certificate of occupancy. 2. A conditional determination of compliance with paragraph 5.2.2, describing corrective changes needed to bring the second dwelling unit into compliance, which changes shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the re- quired changes, the building commissioner shall issue a certificate of occupancy. 3. A determination of non-compliance with one or more of the requirements of paragraph 5.2.2, together with a listing of those requirements and conditions with which com- pliance cannot be achieved through corrective changes. The owner of a second dwelling unit built prior to January 1, 1983 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non-complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. c. Special conditions for second dwelling units constructed prior to January 1, 1983 that comply with at least subpara- graphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5.2.2.c. 1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non- complying apartment. 2. The SPGA shall ordinarily grant a special permit for the existing non-complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other substantial detrimental effect on the public welfare and convenience. In weighing such claims and evidence, the SPGA shall consider whether any changes required to bring the second dwelling unit into com- pliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such additional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condition that a certificate of occupancy shall be ob- tained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) 231 Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 5. If a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the building commissioner will issue a certificate of occupancy. 6. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. d. If an owner fails to comply with paragraph 5.2.6 the second dwelling unit shall be terminated within six months of the date of notice from the building commissioner, and the owner shall be subject to penalties as provided in paragraph 3.1.1 for each day the second dwelling unit is in use after January 1, 1985. b. deleting the following existing definitions from Section 2: DWELLING CONVERSION DWELLING, ONE FAMILY DWELLING UNIT FLOOR AREA FAMILY PARKING SPACE and inserting the following new definitions in Section 2 in the properalphabetical sequence: ACCESSORY APARTMENT: A second dwelling unit located within a structure constructed as a detached one family dwelling, subordinate in size to the principal unit and separated from it in a manner that maintains the appearance of the structure as a single family house. BEDROOM: A private room, however named, planned, intended or used for sleeping, and separated from other rooms by walls and a door. CERTIFICATE OF OCCUPANCY: The certificate issued by the Building Commissioner which permits the use of a building in accordance with approved plans and in compliance with the Zoning By-Law. DWELLING: A structure, or part of a structure, which: 1) is designed or used primarily for human habitation; 2) contains one or more dwelling units; and 3) is capable of separate ownership. DWELLING, ONE FAMILY DETACHED: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWELLING UNIT: One or more rooms, designed, occupied or in- tended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. FAMILY: An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit and occupying one dwelling unit; or a group of individuals, not so related, but living together as a single housekeeping unit. For purposes of controlling resi- dential density, not more than four unrelated individuals shall constitute a family. 2 (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) FLOOR AREA, GROSS: The sum, in square feet, of the horizontal areas of all floors of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Where the text of this By-Law refers to floor area, the term shall mean gross floor area unless the term net floor area is used. FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a building, which shall be determined by ex- r_a cluding the following from calculation of gross floor area: a. areas used for parking or loading b. areas devoted exclusively to the operation and maintenance of a building, irrespective of its occupants, such as heating, ventilating and cooling equipment, electrical and telephone facilities, fuel storage, elevator machinery or mechanical equipment c. the thickness of load bearing walls, at each floor d. elevator shafts and common stairways, and common hallways at each floor e. porches, balconies, fire escapes which are unroofed. PARKING SPACE: An area on a lot (off-street) available for the parking of one automobile, subject to the design standards of Section 9.8, but not including maneuvering space. A parking space may be entirely outdoors or within a structure. ROOMING UNIT: One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer or boarder with sleeping facilities but no kitchen facilities. * * * * * * * c. In Table 1, USE REGULATION SCHEDULE, in line 8.1: 1) by striking the words "Taking not more than three boarders or letting or renting of rooms without cooking facilities to. . ." and substituting in place thereof the words "Room- ing units, without kitchen facilities, for. . ." so that the phrase, as amended, shall read "Rooming units, without kitchen facilities, for not more than three persons in an existing dwelling by a family resident therein*; . . ."; and 2) by redesignating lines 8.2 through 8.14 as 8.3 through 8.15 respectively 3) by inserting a new line 8.2, as follows: "8.2 Accessory apartment subject to section 5.2" and under the column headed RO, RS the symbol "yes" and under all other columns in Table 1 the symbol "No"; and * * * * * * * d. In Section 9.8 PARKING AND LOADING REGULATIONS 1) by adding to sub-paragraph 9.8.1 a a second sentence, as follows: "The requirement for free and unimpeded access to a street shall not apply to a one family dwelling." 2) In Section 9.8.5, SCHEDULE OF REQUIRED PARKING AND LOADING a) by adding in the third line, the words "of net floor area" after the words "s.f. - square feet" so that the third line, as amended, will read "s.f. - square feet of net floor area" b) by striking the line "RO, RS boarding or lodging dwelling 1 for each boarder and lodger and inserting in place thereof two new lines under the headings indicated DISTRICT USE REQUIRED PARKING SPACES RO, RS accessory apartment 1 per dwelling unit Any rooming unit 1 per rooming unit (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) . Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) c) by adding a note at the end of the table for required parking spaces and before the table for required loading facilities as follows: "NOTE: to simplify the calculation of net floor area, 80 per cent of the gross floor area may be used." e. 1) deleting the heading "5.1 SECTIONS CONTROLLING USES" and substituting in place thereof the heading "5.1.1 PERMITTED USES"; 2) inserting above the second paragraph in section 5.1, which begins "In the Use Regulations. . . . ," a new heading, "5.1.2 PRINCIPAL USES, ACCESSORY USES"; 3) renumbering sub-section "5.2" MORE THAN ONE CLASSIFICATION as "5.1.3"; 4) renumbering sub-section "5.3" USES NOT LISTED as "5.1.4". * * * * * * * f. By inserting a new section, as follows: "5.3 CONVERSION OF ONE FAMILY DWELLINGS The SPGA may issue a special permit for the alteration of a one family dwelling to accommodate two families, executed such that: a) The appearance and character of a one family dwelling is preserved. b) The gross habitable floor area for each family in such dwelling is at least 700 square feet. c) No major exterior structural changes are made, except such as may be required for safety by the General Laws of the Commonwealth. d) Stairways leading to the second or any higher floor are enclosed within the exterior walls of the F-- building. I` In Favor 146 Opposed 32 More than the required two-thirds having voted in favor the motion is adopted. 9:52 P.M. (See Page 227) James F. Crain moved that this meeting be adjourned to Wednesday, May 4, 1983 at 8 P.M. in Cary Memorial Hall. (This date was chosen as Town Counsel Norman P. Cohen had another commitment for Monday, May 2, 1983.) 9:53 P.M. George A. Burnell served notice of reconsideration of Article 14. 9:54 P.M. Motion to adjourn to Wednesday, May 4, 1983 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 9:57 P.M. A true copy. Attest: l'iCa/ZA4' 7)6 C 41114441 I ti Mary R. McDonough, Town Clerk 234 ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING MAY 4, 1983 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. and was immediately recessed subject to the call of the Chair. The meeting reconvened at 8:13 P.M. There were 184 Town Meeting Members present. In the absence of the clergyman, Rev. Harvey Meppelink of the Assemblies of God Christian Center, the Moderator offered the invocation. 8:13 P.M. The Moderator called a formal recess at 8:14 P.M. in order that honors could be paid to the championship Precision Skaters from the Hayden Center. The following were introduced, brought to the front of the hall and given a standing ovation: Shirley Holdsworth, member and coach of the EIS FRAUS Laura Lowder, captain of the HAYDENETTES Dani Patkin, captain of the ICE MATES and the coaches of the HAYDENETTES and THE ICE MATES - Lynn Benson and Joyce Winship. 8:17 P.M. Robert F. Sacco read the Selectmen's Proclamation which proclaimed May 4 as Precision Skating Day. 8:19 P.M. Stephen W. Doran presented a resolution from the House of Representatives honoring the championship skaters. 8:20 P.M. Article 2. James F. Crain, Chairman of the Board of Selectmen, gave the following sequence of action on the articles: Financial articles: 19, 20, 21, 22, 23, 24 and 27. Public Works articles: 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41. Other financial articles: 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51. Articles 9, 7, 8, 11, 15 and close on Article 52. 8:25 P.M. Richard M. Perry moved that the Town of Lexington Contributory Retirement System Actuarial Report be accepted and placed on file. 8:25 P.M. Barry M. Gilman, an Enrolled Actuary and a Lexington resident, was recognized and, as the individual that prepared the actuarial valuation of the pension liabilities, gave a short explanation of the report. 8:27 P.M. The report as presented by Mr. Perry was unanimously accepted and placed on file. 8:29 P.M. Stephen Michael Politi moved that Article 8 be taken from the table. This motion was adopted by voice vote. 8:29 P.M. (See Page 209) Article 8. AUTHORIZE SPECIAL LEGISLATION TO AMEND SELECTMEN-TOWN MANAGER ACT Stephen Michael Politi stated that the Selectmen/Town Manager Act Review Committee, as appointed by the Selectmen, did not recommend that this article be brought up at this Annual Town Meeting. It , P. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) 2 X63- Article 8. was felt that there would be more time for in depth study if it (Cont, ) were brought up at the 1984 Annual Town Meeting or at a Special Town Meeting if one was held sooner. Mr. Politi moved that this article be indefinitely postponed. 8:30 P.M. Homer J. Hagedorn, Chairman of the above named committee, was recognized and he spoke to the charge to the committee and in favor of indefinite postponement. 8:30 P.M. After a short discussion, the motion to indefinitely postpone Article 8 was adopted unanimously. 8:35 P.M. Article 9. AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD (See Pages 209 and 272) Margery M. Battin moved to postpone Article 9 until after Article 7 (which is to be taken up after Article 51) . 8:36 P.M. Mrs. Battin explained that the final draft of legislation has not been agreed upon at this time. 8:37 P.M. Motion to postpone Article 9 until after Article 7 was declared adopted by voice vote. 8:38 P.M. Article 2. Nyles Nathan Barnert moved that the Report of the Capital Expendi- tures Committee be accepted and placed on file. 8:39 P.M. Mr. Barnert gave a short explanation of the report. 8:39 P.M. It was adopted unanimously to accept and place on file the Report of the Capital Expenditures Committee. 8:40 P.M. William J. Dailey, Jr. moved that the Report of the Appropriation Committee and the Supplemental Report of the Appropriation Committee be accepted and placed on file. Adopted Unanimously. 8:40 P.M. Article 19. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 83) Presented by Robert F. Sacco. (As MOTION: That the sum of $115,000 be appropriated to line item 1700 - adopted) Group Insurance, to be used in conjunction with money appropriated under Article 4 of the warrant for the 1982 annual town meeting, and to raise such amount $115,000 be transferred from the Reserve Fund - Overlay Surplus. 8:41 P.M. Mr. Sacco explained that there had been a 35% increase in premium rates as of April 1 and this appropriation is for the last quarter. The renewal contract date has been adjusted to July 1 for next year. Motion, as presented by Mr. Sacco declared adopted unanimously. 8:43 P.M. G�2(� + t�O (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983. ) Article 20. OPERATING BUDGET Presented by James F. Crain. 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. 8:43 P.M. (See (The following Town Meeting Members and Town Meeting Members at Pages 248- Large have indicated that they would abstain from voting on this 252 for article: William W. Welch, Jr. , Richard M. Perry, Laurel A. motion Macauda (all in writing) adopted Lincoln P. Cole, Jr. (Would not vote on Board of Appeals under items but would vote on any other items if voted on Art.20, separately) with the Mary R. McDonough) exception of line Robert M. Hutchinson, Jr. , Town Manager gave an abbreviated version item of the budget figures and assumptions for FY 1984. #6050. For Total Town Budget $16,081,734 line Total School Budget 18,607,945 item #6050 Total Appropriations 34,689,319 see Pages 241, 247, 273 & 274) State/County Assessments 3,295,627 Assessors Overlay & Judgments 750,000 Gross Amount to be raised by taxes 38,734,946 Estimated Receipts-Cherry Sheet 5,012,700 Local 2,946,024 Use of Available Funds 2,530,392 Net Amount to be raised by taxes $28,245,830 Total Valuation (Est. FY 84) $1,287,201,500 Estimated Tax Rate: Residential 19.98 Commercial 29.19 8:56 P.M. The Moderator read the following items under Article 20: Selectmen's Department #1000 Personal Services $ 33,635 1050 Expenses 8,100 8:57 P.M. Town Manager's Office 1060 Personal Services 116,965 1065 Expenses 7,000 8:57 P.M. Town Manager' s Jurisdiction 1070 Temporary Help & Overtime 45,000 1075 Clerical Pool 11,392 ..� 1080 Office Furniture & Fixtures 3,000 1090 General Professional Services 25,000 1125 Fire & Police Medical 30,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 8:58 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983. ) 237 (Seen Pg 248-252.fhr otion adopted ineritem.# 050,71 ortwhichcs e1 Pages Article 20. Selectmen's Jurisdiction 241, 247, 273 and 274) (Cont. ) #1148 Safety Program Expenses $ 1,000 8:58 P.M. Town Clerk's Department 1150 Personal Services 70,032 1200 Expenses 1,475 8:58 P.M. Board of Appeals 1500 Personal Services 15,371 1550 Expenses 2,650 8:58 P.M. Planning Board 1600 Personal Services 46,407 1650 Expenses 5,250 8:58 P.M. Insurance 1700 Group 1,465,000 1750 Municipal Property & Workmen's Compensation 324,933 8:58 P.M. Printing Town Report 1760 Expenses 5,000 8:58 P.M. Law Department 1775 Law Fees 65,000 1800 Law Expenses 18,000 8:59 P.M. Elections 1900 Selectmen Jurisdiction 8,600 1950 Town Clerk Jurisdiction 12,487 8:59 P.M. Board of Registrars 2000 Personal Services 8,406 2050 Expenses 13,800 8:59 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 2,500 2400 Town Celebrations Committee Expenses 7,500 9 P.M. Historic Districts Commission r-- 2450 Expenses 1,800 9 P.M. Conservation Commission 2460 Expenses 6,035 2465 Personal Services 31,307 9 P.M. Recreation Committee 2470 Personal Services 103,771 2480 Expenses 19,100 9 P.M. '2.% gid' (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) (See Pages 248-252 for motion adopted under Art. 20., with the Article 20. exception of line item #6050, for (Cont. ) Treasurer/Collector's Department which see Pages 241, 247, 273 & 274)% #2500 Personal Services 104,094 2525 Expenses 26,850 2575 Foreclosure & Redemption 3,500 9:01 P.M. Comptroller's Department 2800 Personal Services 127,272 2850 Expenses 3,650 9:01 P.M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 9,500 2930 Office Machines-Maint. & Repair 8,000 2935 Office Services-Copier & Supplies 11,000 2940 Metered Mail 28,000 9:01 P.M. Assessors' Department 2950 Personal Services 68,601 9:02 P.M. Manfred P. Friedman stated that he felt that the salary for the Assessors was too high and that as the town employed a professional Assessor the Assessors' salary should be less. He compared salaries with other towns in the area and claimed that Lexington was the highest paid. Mr. Friedman moved that line item #2950 be amended by striking the number $68,601 and replacing it with the number $67,101. 9:04 P.M. Robert M. Hutchinson, Jr. , Town Manager, explained that the Assessors had to be certified and therefore had to attend a school in order to attain this. The Lexington Assessors have a much better record than the other towns cited as some of the other towns had problems with their revaluations and tax rates were not certified as soon as Lexington' s. Mr. Hutchinson opposed Mr. Friedman's amendment. 9:07 P.M. James F. Crain voiced the unanimous opposition of the Board of Selectmen to Mr. Friedman's amendment. 9:09 P.M. Mr. Friedman's motion to amend was declared lost by voice vote. 9:09 P.M. 3000 Expenses 9,100 9:09 P.M. Health Department 3250 Personal Services 54,105 3300 Expenses 8,000 3450 Rabies Clinic 2,875 9:10 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 17,500 3550 Expenses 6,650 9:10 P.M. Police Department 3760 Police Department Management and Staff-Personal Services 410,500 (Of which $17,000 is to be transferred from the Parking Meter Fund) 9:10 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983. ) 239_ (See 39- (See Pages 248-252 for motion adopted under Art. 20, with the exception of Article 20. Police Department (Cont. ) line item #6050, for which see Pages (Cont.) 241, 247, 273 & 274) #3770 Police Department Collective Bargaining Unit- 1,178,983 Personal Services 3800 Expenses 225,700 To which the sum of $10,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 2,500 (Of which $2,500 is to be transferred from the Parking Meter Fund) 9:10 P.M. Fire Department 4110 Fire Department Management and Staff-Personal Services 113,116 4120 Fire Department Collective Bargaining Unit- Personal Services 1,403,016 4150 Expenses 122,635 9:11 P.M. Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 9:11 P.M. Inspection Department 4450 Personal Services 92,721 4500 Expenses 3,240 9:11 P.M. Ephraim Weiss moved that line item No. 4450 - Personal Services be changed by increasing the figure stated in the motion by $40,000. 9:11 P.M. Mr. Weiss explained that this amendment is due to the adoption of the Accessory Apartments By-Law adopted at the April 6, 1983 session of this town meeting. This increase, which would represent two or three people, would assist the Building Commissioner in his enforcement of the by-law. Mr. Weiss claims that the Building Commissioner is understaffed and cannot enforce the current Zoning By-Laws now. 9:15 P.M. Selectman James F. Crain stated that the Town Manager feels that as this is a new by-law and that the town has no experience with it that there should no increase in the budget until next year. At that time, after the year's experience, it could be better judged what the dollar amount should be. 9:18 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended against this amendment and added that there is no place in the budget for the increase of the $40,000. 9:18 P.M. Mr. Weiss's motion to amend is declared lost by voice vote. F-- 9:23 P.M. L._ Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,239,434 (Of which $35,000 is to be transferred from the Westview Perpetual Care Fund and $20,000 from Westview Sale of Lots Fund) 4950 Public Works Management and Staff Personal Services 387,708 5000 Expenses 12,320 9:24 P.M. 2 4-0 (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) (See Pages 248-252 for motion adopted under Art. 20, withtheexception of Article 20. Engineering Department line item #6050, for which see Pages (Cont.) 241, 247, 273 & 274) #5100 Personal Services 227,158 9:24 P.M. John F. Downey, Jr. moved to strike the figure $227,158 under line item 5100 and replace it with the figure $147,000. 9:25 P.M. Mr. Downey was concerned about the origin of the money for the Water Study and was told by the Town Manager that it came from the Overlay Surplus Fund. 9:28 P.M. James F. Crain stated that the Board of Selectmen unanimously opposed the amendment. 9:28 P.M. Mr. Downey's motion to amend was declared lost by voice vote. 9:28 P.M. 5150 Expenses 9:28 P.M. 15,000 Town Buildings Maintenance 5200 Personal Services 79,384 5250 Expenses 240,450 9:28 P.M. Highway/Traffic Division 5400 Expenses 165,005 (Of which $20,000 is to be transferred from the Parking Meter Fund. ) 9:29 P.M. Road Machinery 5450 Expenses 228,175 9:29 P.M. Snow Removal 5500 Expenses 128,325 (Of which $19,500 is to be transferred from the Parking Meter Fund) 9:30 P.M. Street Lights 5600 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 9:30 P.M. Sewer & Water Maintenance 5700 Expenses 192,631 9:30 P.M. Refuse Collection 5800 Contract 500,000 9:30 P.M. John C. Eddison said that on May 7 Governor Dukakis is pro- claiming the month of May as a major clean-up for Massachusetts. Mr. Eddison and Selectman John F. McLaughlin have been appointed by the Selectmen to head a committee to clean up litter in Lexington. They will be assisted by other town committees and some organizations and could use any help that is available. 9:33 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983. ) 241 _�iy iAij (See Pages 248-252 for motion adopted under Art. 20, withthe exception of Article 20. Sanitary Landfill line item #6050, for which see Page (Cont. ) #5850 Expenses 2,000 9:33 P.M. In response to a question by Robert H. Rotberg, Town Manager Robert M. Hutchinson, Jr. said that the successful bidder for rubbish collection was SCA and they expected satisfactory service as had been given by BFI, the current collector. 9:35 P.M. t—^ Park/Shade Tree Division 6000 Expenses 97,075 9:35 P.M. 6050 Insect Suppression 10,000 9:35 P.M. (For James F. Crain requested that James W. Lambie, Chairman Item of the Board of Health be recognized. 9:35 P.M. #6050 See Mr. Lambie introduced the following individuals who spoke Pages on the subject of mosquito control: 247, 273 & Michael Erdos, M.D. , Member of the Board of Health who 274) spoke on the transmission of the disease (Eastern Equine Encephalitis, known as EEE) David Henley, Superintendent, East Middlesex Mosquito Control Project who spoke on the project itself Linda Roemer, Ph.D. , Member of the Board of Health who gave the views and stand of the Board 9:45 P.M. '^ Paul E. Hamburger read and filed the following petition signed by 1270 Lexington residents: TO THE BOARD OF SELECTMEN AND TOWN MEETING, TOWN OF TFXINGTON: 1. We support mosquito control measures, including spraying, in Lexington, should it be deemed necessary by the Lexington Board of Health in order to reduce the risk of residents contracting Eastern Equine Encephalitis (EEE) . 2. We urge the Board of Selectmen and Town Meeting to call upon the Massachusetts Department of Public Health to provide an active, ongoing mosquito moni- toring program in East Middlesex County each year. Monitoring the 'FIFE virus level in local mosquitoes gives us another tool to help identify which years are low- or high-risk, so that we may reserve the use of pesticides for only those years in which a high risk of human EEE is indicated. 9:46 P.M. Linda Behar, Parents Concerned About EEE, read a letter from Dr. Mary E. Perry, a local pediatrician, in support of the mosquito control program. 9:48 P.M. Manfred P. Friedman questioned the effectiveness of the spraying. 9:52 P.M. Frank Sandy moved to amend by adding: No funds shall be expended under line item 6050 for spraying of insecticides unless the Town is informed by the State Board of Health that such action is necessary due to a danger to humans of Eastern Equine Encephalitis. 9:57 P.M. + 'V (Adjourned Session of, the 1983 Annual Town Meeting held May 4, 1983.) 242 Article 20. (Cont. ) #6050 Insect Suppression (Cont. ) Dr. Roemer said that the Board is not asking for aerial spraying (See Pages at this time as it will be done by truck spraying. She read a 248-252 memo from Alfred Frechette, Commissioner of Public Health urging for motion local action. 10:01 P.M: adopted under Art. James F. Crain stated that the Board of Selectmen supports the 20, with Lexington Board of Health and they do not feel that the local the except- board needs the monitoring of the state. 10:01 P.M. r r ion of line item #6050, Dr. Roemer said that the Board of Health would consult with for which the State Department of Health before making any decisions see Pages about spraying. 10:07 P.M. 247, 273 & 274) Answering a query by Renee Cochin, James W. Lambie said that the Board of Health did not support Mr. Sandy's amendment. 10:09 P.M. Mr. Sandy' s motion to amend was declared lost by voice vote. 10:09 P.M. Stephen W. Miller said that he had talked with his colleagues at Massachusetts General Hospital and the feeling is that this disease (EEE) is very rare. He added that spraying is only effective if done early in the morning or late in the evening. 10:15 P.M. In answer to a question raised by Robert I. Rotberg, David Henley showed slides listing the cost as follows: Larviciding $ 4,000 Water Management 2,500 Surveillance 1,000 Adulticiding 2,000 Total $ 9,500 10:25 P.M. Albert P. Zabin does not feel, as some do, that the proponents are doing this in a state of hysteria and he urged support. 10:27 P.M. Martin K. White stated that he supported the line item but hoped that there will be education for the residents. 10:33 P.M. In answer to Iris G. Wheaton' s question regarding the difference of $500 between the cost and the budget request, the Town Manager said that it would be used for spraying for the Park Department, possibly for beatles. 10:38 P.M. James E. Barry spoke in support. 10:42 P.M. Cemeteries 6400 Expenses 19,990 10:43 P.M. HUMAN SERVICES Veterans' Benefits 1 7100 Personal Services 8,653 7150 Administration 160 7200 Aid & Expenses 20,000 7250 Grave Registration Expenses 400 7300 Burial Expenses 250 10:43 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) 243' (See Pages 248-252 for motion adopted under Art. 20, with the exception of line item #6050, Article 20. Council on Aging for which see Page (Cont. ) #7340 Personal Services 17,298 To which the sum of $17,298 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 7360 Expenses 29,050 To which the sum of $29,050 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. .�- 10:44 P.M. Other Human Services 7410 Mystic Valley Mental Health 1,000 10:44 P.M. Carolyn H. Tiffany voiced her concern, as a member of the Board of Directors of the Mystic Valley Mental Health, of the reduction of $9,000 in the budget appropriation. 10:45 P.M. James F. Crain voiced his disappointment in the feedback from the Mystic Valley Mental Health and it was the recommendation that a signal be given to them this year that the data is needed, and if not received the appropriation would be decreased. He added that there is no question of the quality of services by Mystic Valley. 10:50 P.M. Walter Leutz moved that under line 7410 that the figure of $1,000 be replaced by $10,000. 10:52 P.M. Mr. Crain repeated that the support of the data was the only problem, not the quality of service. 10:52 P.M. At Ms. Tiffany's request, the Director of Mystic Valley, Dr. Richard Weiss was recognized and stated that the effect of the reduction of $9,000 would mean a reduction in the level of services. 330 Lexington residents were served during this past year. 10:55 P.M. William J. Dailey, Jr. stated that the Appropriation Committee has been discouraged each year about the information coming back from Mystic Valley. 11:04 P.M. Jacquelyn H. Ward spoke in opposition to the amendment of Mr. Leutz and added that Mystic Valley should be made accountable. 11:05 P.M. Mr. Leutz's motion to amend was declared lost by voice vote. 11:05 P.M. 7420 Public Health Nursing 7,434 11:05 P.M. (See Page 245) Elaine Dratch moved to table line item 6050 which was declared lost by voice vote. 11:07 P.M. Article 2. James F. Crain said that the report on the Muzzey School Conversion would be given at the May 11, 1983 session of this town meeting. 11:08 P.M. James F. Crain moved that this meeting be adjourned to Monday, May 9, 1983 at 8 P.M. in Cary Memorial Hall. 11:08 P.M. 244 (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) Daniel E. Power voiced his concern over the fact that there had not been any discussion on the figures in the Actuarial Report of the Town of Lexington Contributory Retirement System as had been requested at the 1982 Annual Town Meeting. He wanted a full and frank discussion on pension items #7800, 7810 and 7825. He requested that the Board of Selectmen present a full discussion on the pension funding at next Monday' s meeting. Mr. Crain answered that they had the information and it would be presented at next Monday's meeting. 11:10 P.M. In answer to a question raised by William T. Spencer, the Moderator stated that Article 20 has not been completed until final vote is taken. Article 20 is open. 11:10 P.M. In response to a query by Housing Authority Member James M. McLaughlin, James F. Crain said that as it came nearer to the time that Article 9 would be taken up (after Article 7 which is to be taken up after Article 51) , the meeting would be made aware of the date. 11:10 P.M. Mr. Crain's motion to adjourn the meeting to Monday, May 9, 1983 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 11:12 P.M. A true copy. Attest: 1 .41 41, A 64.14 Mary R. McDonough, Town Clerk 2; ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING MAY 9, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 183 Town Meeting Members present. Invocation offered by Rev. James Gorton of Grace Chapel. 8:10 P.M. .-- The Moderator declared a formal recess at 8:10 P.M. James F. Crain, Chairman of the Board of Selectmen, read a motion, adopted at this evening's Selectmen's Meeting, recognizing this years nominees for National Merit Scholarships from Lexington. 8:12 P.M. Richard A. Kraus, Senator in General Court from the Fourth Middlesex District, was recognized and honored the Lexington National Merit Scholar- ship Finalists and then called the name of each and the college that they would be attending and asked them to come to the front of the hall. Michael L. Abegg, Boston University Becky Chang, Wellesley Leah J. Diskin, Stanford David K. Feurzeig, Harvard Joan M. Flanagan, Mind not made up Robert G. Good, Univ. of Rochester Charles P. Goodwin, Williams College David S. Hilzenrath, Harvard Rolf B. Huber (Brother Hans accepting for Rolf) , MIT Sara L. Kocher, Wellesley Nikki A. Levin, Harvard Anne S. Lewinson, Williams College David I. Lukas, Undecided Deborah D. Pierce, Univ. of Chicago Linda A. Rosenbaum, Swarthmore Kathryn M. Ryder, Yale Christopher J. Stille, Brown Lucas E. Wolf, Univ. of Michigan Mr. Kraus presented each of the finalists with a citation and a copy of the proclamation from the Board of Selectmen. He stated that Lexington should be very proud of these students as Lexington had the highest number of Merit Finalists (18) of the public high schools in the Commonwealth. The group was given a standing ovation by the meeting. 8:19 P.M. Selectman Stephen Michael Politi presented one of this years Youth Awards to Amy Dockser. Of the three recipients this year, she was the only one that was absent on Patriots Day when the awards were given. Ms. Dockser received a standing ovation. 8:23 P.M. The meeting was again called to order at 8:23 P.M. The Moderator declared that the meeting was now open on Article 20 which continued from the May 4, 1983 session of this meeting (See Page 243) . (See Pgs. 248-252 for motion adopted under Art. 20, with the exception of line item #6050, for which Article 20. (See Page 243) see Pages 241, 247, 273 and 274) (Cont. ) (Other Human Services) (Cont. ) #7430 Community Services 44,316 To Which the sum of $44,316 in available and anticipated. P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 8:23 P.M. Cary Memorial Library 7500 Personal Services 509,424 7550 Expenses 175,710 (Of which $2,802.46 is to be transferred from the County Dog License Fees. $14,739.50 in State Aid to Public Libraries is also available for use by the Trustees of the Library.) 8:24 P.M. 2416 (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) (See Pgs. 248-252 for motion adopted under Art. 20, with the exception of line item #6050, for which see Article 20. Board of Retirement Pages 241, 247, 273 and 274) (Cont. ) #7800 Contributory Pension Fund 1,181,172 8:25 P.M. Margaret N. Brooke questioned the fact that the CMARC budget was not listed under Item #7430, Community Services. Robert M. Hutchinson, Jr. , Town Manager, answered that it was not in the Human Services Budget as it does not have the same status as Mystic Valley Mental Health or Replace at this time. This could change. 8:26 P.M. 7810 Pension Funding 300,000 8:26 P.M. Comptroller Richard M. Perry gave an explanation of the Unfunded Pension Funding. He stated that Lexington is one of thirteen cities or towns that are funding their pension systems. The town now has $1,000,000 in the fund with over $250,000 in earned interest. 8:33 P.M. 7825 Non-Contributory Pension Fund 190,000 7850 Expenses 6,050 8:33 P.M. Public Schools 7920 Public School-Education 18,234,039 (Of which $11,950.00 is for out of state travel.) To which the sum of $230,791 in available and anticipated P.L. 874 and other Federal and State Funds, and $28,000 in available and anticipated athletic receipts is to be applied and the balance of $17,975,248 is to be raised in the tax levy. 8:34 P.M. Shepard Anthony Clough, Chairman of the School Committee, gave a short explanation of the budget and then asked that J. Geoffrey Pierson, Superintendent of Schools, be recognized. 8:36 P.M. Mr. Pierson showed slides to assist him in his explanation. He discussed the 1983-84 Budget Premises. He stated that they are maintaining existing staffing ratios. Slides were shown on the Major Increases, Major Decreases, 1976-83 Enrollment comparisons and the total budget increases from 1972/73 to 1983/84. 8:40 P.M. William J. Dailey, Jr. , Chairman of the Appropriation, informed the meeting that although'it is shown that 52.8% is the school share of the tax dollar that 59.1% is the actual share due to costs that are incorporated in the town budget, such as Blue Cross and Insurance, Workmen's Compensation etc. The increase in the school budget is the largest in six years -(.%) , and the meeting should do some thinking during the coming year regarding any increases for next year. 8:47 P.M. Mr. Clough, with the aid of slides, showed teachers salaries compared to comparable communities and he added that the School Committee has worked hard to maintain the line. ,-1 8:52 P.M. 8100 Regional Vocational Technical High School Assessment 373,906 8:52 P.M. 8500 Interest on Debt 104,803 8:52 P.M. 8525 Tax and Bond Anticipation Loans 223,750 8:58 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983. ) 247 Article 20. (Cont. ) #8550 Maturing Debt 880,000 (Of which $764,26 is to be transferred from the appropriation voted under Article 40 of the Warrant for the 1979 Annual Town Meeting. ) 8:58 P.M. The Moderator stated that the question is on the motion as offered by James F. Crain on May 4, 1983 (See Page 236) with r— the exception of line item #6050. (For Susan S. Beck moved that line item 6050, Insect Suppression be Item amended as follows: #6050 See provided that any malathion used in mosquito control be analyzed Pages for impurities such as isomalathion before each application. 241 & 8:59 P.M. 273 & 274) George A. Burnell moved to amend but withdrew his motion immediately. 9:04 P.M. In response to a question raised by Ephraim Weiss, Dr. Linda Roemer, Member of the Board of Health, said that there is no way to know how many applications will be needed until they start spraying, if needed, and also weather conditions. 9:04 P.M. Gerald L. Abegg, reading from a trade paper, stated that malathion should be checked before each application. This was from the manufacturer of the product. 9:06 P.M. Edward E. O'Sullivan moved to amend the amendment of Mrs. Beck to line item #6050 by adding the following: The stock of malathion to be used in spraying in the Town of Lexington shall be tested for impurities by the Eastern Middlesex Mosquito Control Board under the supervision of the Lexington Board of Health prior to any spraying. The results of said testing shall be forwarded to the Bd. of Selectmen. 9:07 P.M. Frank Sandy was of the opinion that the Eastern Middlesex Mosquito Control did not have the capability of testing and Iris G. Wheaton stated that malathion should be tested before each application and thought that the cost would be $100 per test. Dr. Roemer answered that the test cost would be $150. She added that Eastern Middlesex did not do the testing themselves but would arrange to have it done. The Board of Health would supervise the testing. 9:12 P.M. Donald J. Shaw moved the previous question which was declared lost by voice vote.. 9:15 P.M. James F. Crain spoke of the high degree of support that the Board of Health had earned in regard to the mosquito issue alone. This statement was in answer to Ephraim Weiss's hope that the Board of Health would get the message that the meeting was not happy with their performance. 9:16 P.M. Arthur C. Smith moved to separate line item 6050, with the pending amendments from the rest of Article 20. 9:18 P.M. Mr. Crain voiced the support of the Board of Selectmen in regard to Mr. Smith's motion to amend. 9:18 P.M. Mr. Smith's motion to separate line item 6050, with the pending amendments, was declared adopted by voice vote. 9:18 P.M. Arthur C. Smith moved that line item 6050, with the pending amend- ments be postponed for further action following Article 9, which follows Article 7, which follows Article 51. This motion was declared adopted by voice vote. 9:21 P.M. ' . Lt (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983. ) Article 20. Julian J. Bussgang moved that Line Item 7410 "Mystic Valley Mental (Cont. ) Health" be amended by striking the sum of "$1,000" and replace there- for "$10,000" followed by the phrase "provided, however, that release of funds in part or in whole be authorized by the Human Services Committee". 9:23 P.M. James F. Crain stated that the Selectmen unanimously opposed this amendment. 9:26 P.M. William J. Dailey, Jr. , voiced the unanimous opposition of the Appropriation Committee to Mr. Bussgang's amendment. 9:29 P.M. Mr. Crain stated that we need hard data from those to whom the town gives money. 9:33 P.M. Dr. Stephen Boran, Chairman of the Human Services Committee, spoke from the balcony in answer to a question raised by Walter N. Leutz as to the description of the "hard data". Dr. Boran said that the reporting was vague as to the programs and the units of work were not defined. 9:35 P.M. At the request of Town Counsel, Norman P. Cohen, Julian J. Buss- gang changed his amendment to read as follows: (See MOTION: That the line item 7410 "Mystic Valley Mental Health" be below amended by striking the sum of '$l,000" and replace therefor '$10,000" for followed by the phrase "provided, however, that release of funds in motion part or in whole be authorized by the Board of Health and the as Board of Selectmen. 9:37 P.M. adopted under Voice vote on Mr. Bussgang' s motion to amend was doubted by the Article Moderator, so a standing vote was taken as follows: 20 (with Precinct In Favor Tellers Opposed the exception 1 1 Robert E. Breslin 14 of Line 2 5 Lynda A. Wik 12 Item 6050) 3 3 Paul V. Riffin 9 ==] 4 5 Peter C. J. Kelley 11 5 4 John Orin Hayward 10 6 11 Thomas E. Fortmann 8 7 8 Graydon M. Wheaton 10 8 8 Carolyn H. Tiffany 8 9 9 L. Gail Colwell 8 At Large 2 Stanley E. Toye 18 Totals 56 108 Mr. Bussgang' s motion to amend does not prevail. 9:43 P.M. Main motion offered under Article 20 on May 4, 1983 by James F. Crain (See Page 236) , with the exception of Line Item #6050 with the pending amendments to same, declared adopted unanimously. 9:46 P.M. (As (Article 20 as adopted (with the exception of line item #6050 with adopted) the pending amendments) : 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. Selectmen's Department 1000 Personal Services 33,635 1050 Expenses 8,100 Town Manager's Office 1060 Personal Services 116,965 1065 Expenses 7,000 (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) 249 (Article 20 as adopted (with the exception of line item #6050 with the pending amendments) : Town Manager's Jurisdiction #1070 Temporary Help & Overtime 45,000 1075 Clerical Pool 11,392 1080 Office Furniture & Fixtures 3,000 1090 General Professional Services 25,000 1125 Fire & Police Medical 30,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 Selectmen's Jurisdiction 1148 Safety Program Expenses 1,000 Town Clerk' s Department 1150 Personal Services 70,032 1200 Expenses 1,475 Board of Appeals 1500 Personal Services 15,371 1550 Expenses 2,650 Planning Board 1600 Personal Services 46,407 1650 Expenses 5,250 Insurance 1700 Group 1,465,000 1750 Municipal Property & Workmen's Compensation 324,933 Printing Town Report 1760 Expenses 5,000 Law Department 1775 Law Fees 65,000 1800 Law Expenses 18,000 Elections 1900 Selectmen Jurisdiction 8,600 1950 Town Clerk Jurisdiction 12,487 Board of Registrars 2000 Personal Services 8,406 2050 Expenses 13,800 Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 2,500 2400 Town Celebrations Committee Expenses 7,500 Historic Districts Commission 2450 Expenses 1,800 Conservation Commission 2460 Expenses 6,035 2465 Personal Services 31,307 250- (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983. ) (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: Recreation Committee #2470 Personal Services 103,771 2480 Expenses 19,100 Treasurer/Collector' s Department 2500 Personal Services 104,094 2525 Expenses 26,850 2575 Foreclosure & Redemption 3,500 Comptroller's Department 2800 Personal Services 127,272 2850 Expenses 3,650 Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 9,500 2930 Office Machines-Maint. & Repair 8,000 2935 Office Services-Copier & Supplies 11,000 2940 Metered Mail 28,000 Assessors' Department 2950 Personal Services 68,601 3000 Expenses 9,100 Health Department 3250 Personal Services 54,105 3300 Expenses 8,000 3450 Rabies Clinic 2,875 Health Jurisdiction-Animal Control Officer 3500 Personal Services 17,500 3550 Expenses 6,650 Police Department 3760 Police Department Management and Staff-Personal Services 410,500 (Of which $17,000 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit- Personal Services 1,178,983 3800 Expenses 225,700 To which the sum of $10,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 2,500 (Of which $2,500 is to be transferred from the Parking Meter Fund) Fire Department 4110 Fire Department Management and Staff-Personal Services 113,116 4120 Fire Department Collective Bargaining Unit- Personal Services 1,403,016 4150 Expenses 122,635 Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983. ) 251 (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: Inspection Department #4450 Personal Services 92,721 4500 Expenses 3,240 Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,239,434 -- (Of which $35,000 is to be transferred from the Westview Perpetual Care Fund and $20,000 from Westview Sale of Lots Fund) 4950 Public Works Management and Staff Personal Services 387,708 5000 Expenses 12,320 Engineering Department 5100 Personal Services 227,158 5150 Expenses 15,000 Town Buildings Maintenance 5200 Personal Services 79,384 5250 Expenses 240,450 Highway/Traffic Division 5400 Expenses 165,005 (Of which $20,000 is to be transferred from the Parking Meter Fund. ) Road Machinery [I- 5450 Expenses 228,175 Snow Removal 5500 Expenses 128,325 (Of which $19,500 is to be transferred from the Parking Meter Fund) Street Lights 56130 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. Sewer & Water Maintenance 5700 Expenses 192,631 Refuse Collection 5800 Contract 500,000 Sanitary Landfill 5850 Expenses 2,000 Park/Shade Tree Division 6000 Expenses 97,075 (6050 Insect Suppression - See Pages 241, 247, 273 & 274) Cemeteries 6400 Expenses 19,990 G) (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983. ) (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: HUMAN SERVICES Veterans' Benefits #7100 Personal Services 8,653 7150 Administration 160 7200 Aid & Expenses 20,000 7250 Grave Registration Expenses 400 7300 Burial Expenses 250 Council on Aging 7340 Personal Services 17,298 To which the sum of $17,298 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. 7360 Expenses 29,050 To which the sum of $29,050 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. Other Human Services 7410 Mystic Valley Mental Health 1,000 7420 Public Health Nursing 7,434 7430 Community Services 44,316 To Which the sum of $44,316 in available and anticipated P.L. 96-604 (General Revenue Sharing Funds) is to be applied. Cary Memorial Library 7500 Personal Services 509,424 7550 Expenses 175,710 (Of which $2,802.46 is to be transferred from the County Dog License Fees. $14,739.50 in State Aid to Public Libraries is also available for use by the Trustees of the Library. ) Board of Retirement 7800 Contributory Pension Fund 1,181,172 7810 Pension Funding 300,000 7825 Non-Contributory Pension Fund 190,000 7850 Expenses 6,050 Public Schools 7920 Public School-Education 18,234,039 (Of which $11,950.00 is for out of state travel. ) To which the sum of $230,791 in available and anticipated P.L. 874 and other Federal and State Funds, and $28,000 in available and anticipated athletic receipts is to be applied and the balance of $17,975,248 is to be raised in the tax levy. 8100 Regional Vocational Technical High School Assessment 373,906 8500 Interest on Debt 104,803 8525 Tax and Bond Anticipation Loans 223,750 8550 Maturing Debt 880,000 (Of which $764.26 is to be transferred from the appropriation voted under Article 40 of the Warrant for the 1979 Annual Town Meeting. ) Adopted unanimously. 9:46 P.M. (See Page 248) (With the exception of Line Item #6050, for which See Pages 241, 247, 273 & 274) F'_4-1- _(Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) x�_t) Article 21. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS (The following Town Meeting Members and Town Meeting Members at Large have indicated that they would abstain from voting on this article: William W. Welch, Jr. , Richard M. Perry, Laurel A. Macauda (all in writing) Lincoln P. Cole, Jr. (Would not vote on Board of Appeals items but would vote on any other items if voted on separately)- Mary R. McDonough) Presented by John F. McLaughlin. MOTION: That $334,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 20 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 & Overtime 1075 Clerical Pool 1130 Director of Guides 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer/Collector f 2800 Comptroller 2950 Assessor 3250 Health 3500 Animal Control 3760 Police Management and Staff 3770 Patrolmen and Sergeants - P.S. 4110 Fire Management and Staff 4120 Fire Coll. Bargaining Group - P.S. 4450 Inspection 4900 D.P.W. Collective Bargaining Group - Personal Services 4950 D.P.W. Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Services 7340 Council on Aging 7500 Library 7825 Non-Contributory Pensions Adopted by voice vote. 9:50 P.M. Article 22. PRIOR YEARS' UNPAID BILLS Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:50 P.M. 2 541 (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) Article 23. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:50 P.M. Article 24. RESERVE FUND Presented by Robert F. Sacco. MOTION: That the sum of $150,000 be appropriated for the Reserve -- Fund and to raise such amount, $150,000 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 9:52 P.M. Article 25. TAX ANTICIPATION BORROWING (See Page 215b) Article 26. CONSERVATION FUND (See Page 215b) Article 27. UNEMPLOYMENT COMPENSATION FUND Presented by Robert F. Sacco. MOTION: That the sum of $60,000 be appropriated for the unemploy- ment compensation fund to be used in conjunction with money previously appropriated for this purpose, and that such amount be raised in the tax levy. Adopted unanimously. 9:55 P.M. Article 28. RESCIND UNUSED BORROWING AUTHORIZATION (See Page 216) Article 29. INSTALL WATER MAINS Presented by Robert F. Sacco. 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; to appropriate the sum of $150,000 for such installation and land acquisition; 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 such projects. 9:56 P.M. Mr. Sacco explained that funds are being requested to replace approximately 3,000 feet of 12-inch water main and appurtenances along Massachusetts Avenue from Woburn Street to Harrington Road. Adopted unanimously. 9:57 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) .5�'�_ Article 30. PRECONSTRUCTION WATER SYSTEM ANALYSIS Presented by Margery M. Battin. MOTION: That the sum of $80,000 be appropriated for engineering services for a pre-construction water system analysis, that such amount be transferred from the Reserve Fund-Overlay Surplus, 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. 9:57 P.M. Mrs. Battin explained that there are 153 miles of water mains throughout the town and that 40 miles of the system was constructed prior to 1935. She added that this analysis would enable the town to develop a plan to use the grant wisely. 10:05 P.M. James E. Barry served notice of reconsideration of Article 20. 10:05 P.M. Article 30. Jacquelyn R. Smith, Chairman of the Planning Board, voiced the (Cont.) unanimous support of the Planning Board on Article 30. 10:05 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported this article. 10:06 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, stated that his committee supported this article. 10:08 P.M. Motion, as presented by Mrs. Battin, declared adopted unanimously. 10:08 P.M. Article 31. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS Presented by James F. Crain. 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 $150,000 for such in- stallation and land acquisition, and that such amount be trans- ferred from the Sale of Real Estate Fund. 10:10 P.M. Mr. Crain explained that the funds are for the installation of a closed drainage system on Grant Street from York Street to Vine Brook. Adopted unanimously. 10:11 P.M. Article 32. BROOK CLEANING Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:11 P.M. 2 a ; (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) Article 33. AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS Presented by James F. Crain. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 480 of the Acts of 1979, Chapter 351 of the Acts of 1981, and Chapter 191 of the Acts of 1982 and that 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 obligation; and that the Selectmen are authorized to accept high- way funds from all sources. 10:12 P.M. Mr. Crain showed a slide listing the streets to be resurfaced: Waltham Street, Shade Street, Pelham Road, Battle Green Road, Reed Street, Minute Man Lane, Winchester Drive and Follen Road. 10:14 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee and William J. Dailey, Jr. , Chairman of the Appropriation voiced the support of their respective committee. 10:15 P.M. Motion as presented by Mr. Crain declared adopted unanimously. 10:15 P.M. Article 34. INSTALL CURBING Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:15 P.M. Article 35. CONSTRUCT SIDEWALKS Presented by James F. Crain. MOTION: That this article be indefinitely postponed. 10:16 P.M. Frank Sandy, speaking against indefinite postponement, felt that it was time for the town to get back to construction of sidewalks, mentioning Burlington Street as one street in dire need. 10:17 P.M. Mr. Crain stated that although the Selectmen would like to be able to go on with sidewalk construction, with the restraints of "24" sidewalks are of a lower priority. He added that he thought it was only fair to alert the meeting to the fact that next year will be a tougher year than this year. 10:18 P.M. Motion for indefinite postponement was declared adopted by voice vote. 10:18 P.M. Article 36. PUBLIC WORKS EQUIPMENT Presented by Robert F. Sacco. (As MOTION: That the sum of $150,000 be appropriated for the purchase adopted) by or with the approval of the Selectmen of equipment for the De- partment of Public Works, and that such amount be raised in the tax levy. 10:19 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) � � Article 36. Mr. Sacco listed the following pieces of equipment that would be (Cont.) purchased (other vehicles would be turned in towards the purchase price) : 1 - Used 10 wheel sander 1 - 2i to 3 cubic yard wing plow 1 - Diesel tractor 1 - Diesel tractor with backhoe 1 - Small riding tractor 1 - Sand Pro 10:20 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, said that although the committee had no problem with the new equipment to be purchased,they felt that due to budget restraints that D.P.W. should start to cut down on the number of vehicles. Mr. Barnert moved that the figure $150,000 be replaced by the figure $125,000. 10:24 P.M. Walter J. Tonaszuck, Director of Public Works, explained the need for the pieces of equipment and added that the pieces have been reduced in number for the past couple of years. For each piece purchased, one or more pieces are or have been turned in. In this years budget request there is an amount of $60,000 for repair parts. The actual cost for repair parts will be $85,000. 10:31 P.M. Voice vote on Mr. Barnert's motion to amend was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Robert E. Breslin 8 2 7 Lynda A. Wik 8 3 9 Paul V. Riffin 5 4 5 Peter C. J. Kelley 11 5 5 John Orin Hayward 8 6 10 Thomas E. Fortmann 9 7 12 Graydon M. Wheaton 7 8 8 Carolyn H. Tiffany 3 9 7 L. Gail Colwell 11 At large 5 Stanley E. Toye 17 Totals 79 87 Mr. Barnert's motion to amend does not prevail. 10:35 P.M. Main motion offered under Article 36 by Mr. Sacco is declared adopted by voice vote. 10:35 P.M. Article 37. I/I PROGRAM - DESIGN PHASE FUNDS Presented by John F. McLaughlin. MOTION: That the sum of $10,000 be appropriated for engineering services for the design phase of an inflow infiltration removal program from the Town's sewer 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. Adopted unanimously. 10:37 P.M. James J. Crain moved that this meeting be adjourned to Wednesday, May 11, 1983 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:37 P.M. A true copy. Attest: ary R. McDonough, To Clerk 258 (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) 259 9 ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING MAY 11, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 181 Town Meeting Members present. Invocation was offered by Rabbi Richard I. Meirowitz of Temple Emunah. 8:08 P.M. Article 38. PARKING IMPROVEMENTS Presented by Robert F. Sacco. (See MOTION: That the sum of $26,000 be appropriated for parking below improvements in Town, and to raise such amount, $26,000 be trans- for ferred from the parking meter fees account. motion 8:09 P.M. as adopted) After Margery M. Battin gave an explanation of the parking situation, Jacquelyn R. Smith filed the Planning Board Report on Article 38. In explaining the report, Mrs. Smith said that the Planning Board urged support of both Articles 38 and 39. 8:18 P.M. Thomas E. Fortmann moved to amend by adding the following paragraph to Article 38: Town Meeting recognizesthat parking improvements such as these cannot possibly stabilize the rapidly deteriorating parking situation in the Center. Accordingly, the Planning Board is re- quested to prepare, for consideration by the 1984 Town Meeting, an amendment to the zoning by-law pertaining to the Central Business (CB) district that will achieve the following goals: 1) Prevention of any further net loss of parking spaces in and around the Center. 2) A requirement for future developments, expansions, and changes in use that increase parking demand to be contingent upon commensurate increases in parking supply. 8:18 P.M. Mr. Fortmann, with the aid of slides, said that parking in the center has become worse and worse every year. The supply of parking is decreasing while the demand for parking is increasing. Recent shortfalls: Cory's Restaurant - 50 spaces; Lexington Square - 78 spaces; Muzzey Junior High School - 40 spaces; Total - 168 spaces. Under existing by-law, commercial floor space in the center can be approximately tripled without the provision of a single additional parking place. 8:25 P.M. Mr. Fortmann's motion to amend was declared adopted by voice vote. 8:25 P.M. Main motion as presented by Mr. Sacco and amended by Mr. Fortmann was declared adopted by voice vote. 8:25 P.M. (Motion, as amended, as adopted: (As MOTION: That the sum of $26,000 be appropriated for parking improve- adopted) ments in Town, and to raise such amount, $26,000 be transferred from the parking meter fees account. Town Meeting recognizes that parking improvements such as these cannot possibly stabilize the rapidly deteriorating parking situation in the Center. Accordingly, the Planning Board is requested to prepare, for consideration by the 1984 Town Meeting, an amendment to the zoning by-law pertaining to the Central Business (CB) district that will achieve the following goals: a (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) G .6(�Z Article 38. (Motion, as amended, as adopted: (Cont.) (Cont.) 1) Prevention of any further net loss of parking spaces in and around the Center. 2) A requirement for future developments, expansions, and changes in use that increase parking demand to be contingent upon commensurate increases in parking supply. Adopted by voice vote. 8:25 P.M.) (See Page 259) Article 39. EXPAND MERIAM STREET PARKING LOT Presented by Margery M. Battin. -- (As MOTION: That the sum of $72,000 be appropriated to expand the adopted) Meriam Street parking lot, and to raise such amount $72,000 be transferred from the parking meter fees account. 8:26 P.M. Mrs. Battin explained that this is a first step on a long range parking program. She said that the three immediate abutters on Grant Place approve of this proposal. 8:29 P.M. Robert F. Sacco, with the aid of slides, said that there would be a total of twenty-six new spaces totalling seventy-two spaces in all. He added that the expanded lot will be screened from the abutters by fencing and trees. 8:32 P.M. Mrs. Battin, speaking to the issue of cost, said that this expansion would not come from tax money but from parking meter money. 8:34 P.M. Laura Nichols, a landscape designer and a member of the Planning Board, showed slides and voiced the unanimous support of the Planning Board. 8:36 P.M. Jack Powell,, First Vice President of the Chamber of Commerce, was recognized and he urged support of the article. 8:37 P.M. Angela E. Frick said that she was impressed with the planning and hard work that had been done and urged support as did John C. Eddison on behalf of the majority of the Conservation Commission. 8:39 P.M. Laura F. Nichols filed the Planning Board Report on Article 39, stating that four members were in favor and one abstention. 8:39 P.M. Robert I. Rotberg questioned the $17,000 expense for asphalt instead of gravel. Mrs. Battin said that there would be a drainage problem with the gravel. 8:40 P.M. Motion as presented by Mrs. Battin declared adopted by voice vote. 8:40 P.M. Article 40. STREET ACCEPTANCE AND CONSTRUCTION Presented by Stephen Michael Politi. (A) As MOTION: (A) To establish as town ways and accept the layout of adopted) the following town ways, all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated December 1, 1982: (a) Malt Lane from Marrett Road a distance of 290 feet, more or less, to end; (b) Ryder Lane from Worthen Road a distance of 400 feet, more or less, to end; (c) Bicentennial Drive from Cary Avenue a distance of 1100 feet, more or less, to end; (d) Freeman Circle from Bicentennial Drive a distance of 400 feet, more or less, to end; (e) Woodpark Circle from Wood Street a distance of 3200 feet, more or less, to end; (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) 261 Article 40. (f) Scott Road from Concord Avenue a distance of 895 feet, more or (Cont.) less, to end; (g) Trodden Path from Lawn Avenue a distance of 840 feet, more or less, to end; (B) As (B) To establish as town ways and accept the layout of the adopted) following town ways, all as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 1, 1982: (a) Meadow Brook Avenue from Blossomcrest Road a distance of 283 feet, more or less, to Wellington Lane Avenue; (b) Wellington Lane Avenue from Meadow Brook Avenue a distance of 600 feet, more or less, to end; 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 $172,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Meadow Brook Avenue and Wellington Lane Avenue as is necessary, and that to raise such amount $160,000 be transferred from the Special Assessment Fund and that $12,000 be raised in the tax levy. (C) As (C) To establish as a town way and accept the layout of as a adopted) town way Spencer Street from #17 a distance of 210 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 May 18, 1982; 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 $15,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Spencer Street as is necessary, and that such amount be raised in the tax levy. (D) As (D) To establish as a town way and accept the layout of as a adopted) town way Garfield Street from Hickory Street a distance of 300 feet more or less, to Earl Street as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated August 26, 1982; 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 $40,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Garfield Street as is necessary, and that such amount be raised in the tax levy. 8:44 P.M. At the request of Mr. Politi, the Moderator stated that Sections (A) , (B) , (C) , AND (D) would be separated for the purpose of voting but for the purpose of debate they would not be separated. 8:47 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, urged acceptance of the above streets on behalf of his committee. 8:48 P.M. William W. Welch, Jr. spoke of a serious problem with a section of Philip Road but was told by Mr. Politi that that section of Philip Road had never been accepted by town meeting. 8:52 P.M. In answer to a question raised by Julian J. Bussgang, Mr. Politi said that Wellington Lane is an old street and that over the years many neighbors had requested that the street be accepted. He read a letter from Mr. and Mrs. Sherrard Arch, 16 Wellington Lane Avenue supporting acceptance of this street. 8:55 P.M. Mr. Politi stated that the Selectmen recommended the acceptance of Spencer Street. He said that there was support from the neighborhood who did not want to wait for developers to construct the street in the event of a new development even though it would mean that the developer would pay for the cost. They want to have it done now. 9 P.M. 62 (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) Article 40. In answer to a question raised by Margaret N. Brooke, Angela E. (Cont.) Frick said that the Conservation Commission had brought the problem of a developer coming in to Spencer Street to the Board of Select- men. She added that the Commission feels that it is an "iffy" situation and that it is up to the town meeting to decide whether to accept the street or wait for a developer to come in and con- struct the street to town specifications. The Commission does not oppose the resurfacing of the street. 9:05 P.M. At the request of Joseph 0. Rooney, the following residents were recognized: Lewis R. Aronin, 20 Ingleside Road, Robert M. Dubow, 24 Spencer Street and Richard E. Hartwell, 26 Spencer Street. Mr. Aronin, although not a resident of Spencer Street, said that he has occasion to travel on the street quite frequently and spoke of the deplorable condition as did Mr. Dubow, a one year resident, and Mr. Hartwell, a ten year resident. 9:18 P.M. The question of sidewalks was raised and Mr. Politi stated that, although no sidewalks are included in the Spencer Street construc- tion, it is cost efficient to build sidewalks at the time of re- surfacing. 9:22 P.M. Ephreim Weiss moved that Article 40 be amended, by adding the following: "Provided, however, that no sidewalks shall be included in any of the streets." 9:22 P.M. Mr. Weiss's motion to amend was declared lost by voice vote. 9:23 P.M. Benjamin W. Golini raised the issue of Emerald Street having been deleted from the list of streets to be accepted although it had been in the Warrant for this meeting. He spoke of the deplorable conditions on this street and of the fact that the abutters had applied for acceptance many times over the years. 9:25 P.M. Main motion as presented by Mr. Politi voted on as follows: (A) Adopted unanimously. 9:25 P.M. (B) Adopted unanimously. 9:25 P.M. (C) Adopted by voice vote. 9:26 P.M. (D) Adopted unanimously. 9:26 P.M. Article 41. STREET CONSTRUCTION AND LANDTAKING Presented by Stephen Michael Politi. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 351 of the Acts of 1981, Chapter 191 of the Acts of 1982 and Chapter 732 of the Acts of 1981 and that 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 obligation; and that the Selectmen are authorized to accept funds from all sources and to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. 9:28 P.M. Mr. Politi stated that this article is for the Hancock Street Construction Program. The total commitment for this program will be $137,000 but there will be no town funds. Adopted unanimously. 9:30 P.M. Benjamin H. Golini served notice of reconsideration of Article 40. 9:31 P.M. c) 2 3 (Adjourned Session of. the 1983 Annual Town. Meeting - May 11, 1983.) 2 Article 42. FIRE DEPARTMENT LADDER TRUCK Presented by Stephen Michael Politi. MOTION: That the sum of $215,000 be appropriated to purchase a (As ladder truck for the Fire Department, that such amount be raised adopted) in the tax levy, and that the Selectmen be authorized to trade in or sell a ladder truck with the proceeds to be applied to the new ladder truck. 9:32 P.M. Mr. Politi informed the meeting that the truck to be traded in had made 432 runs during calendar year 1982. Amongst other inadequacies, he said that the brakes were inadequate. An independent fire engineer recommended that this 23 year old truck be replaced as soon as possible. The trade in value is $6,000 and although the mileage is 26,500 the more important figure is. the 2,098 of engine hours. If this motion is adopted, hopefully January 1984 would be the delivery date for the new truck. 9:38 P.M. Fire Chief John D. Bergeron was recognized and he gave a slide presentation showing the truck to be traded in, the Bedford ladder truck similar to the one requested in this budget and shots of various past fires in Lexington showing the need for a ladder truck in the town although there are no high buildings. The safety factor pertaining to the equipment and to the fire personnel was stressed. 9:45 P.M. Edward E. O'Sullivan, although prepared to support this motion, asked if the truck to be purchased was new or used and wondered about the advisability of also trading in the present rescue truck. Mr. Politi answered that the ladder truck would be a new truck and that the plan is to retire the rescue truck. The town will want to save some of the equipment that is now on the rescue truck. 9:47 P.M. Renee T. Cochin brought up the matter of financing the purchase and j-^ the life expectancy of the truck. 9:47 P.M. Mr. Politi said that it was expected that the new ladder truck would last approximately twenty to twenty-five years and added that bonding is not appropriate for this type of purchase. William J. Dailey, Jr. , Chairman of the Appropriation Committee and Nyles Nathan Barnert, Chairman of the Capital Expenditures spoke for their respective committees in opposition to bonding for this piece of equipment. 9:53 P.M. James E. Barry brought up the possibility of assessing commercial buildings for false alarms at the rate of $50 but Town Manager, Robert M. Hutchinson, Jr. answered that this would not be appropriate for Lexington. 9:57 P.M. Edward E. O'Sullivan moved that Article 42 be amended by adding the following: There shall be efforts put forth by the Town to trade, sell or otherwise dispose of the Fire Department Rescue truck that will become excess equipment upon adoption of this article for the purposes of raising revenue. Any revenue raised shall be returned to the Excess and Deficiency Account. 9:57 P.M. Town Treasurer Louis A. Zehner spoke against bonding for this equipment. 10:02 P.M. Mr. O'Sullivan's motion to amend was declared lost by voice vote. 10:03 P.M. Motion as presented by Mr. Politi declared adopted by voice vote. 10:03 P.M. Article 43. STABILIZATION FUND Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:03 P.M. 261 (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) Article 44. CONSERVATION LAND PURCHASE Francis W. K. Smith moved that Article 44 be placed on the table. Adopted unanimously. 10:04 P.M. (See Page 272) Article 45. CONSERVATION LAND PURCHASE Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:04 P.M. Article 46. SCHOOL/MUNICIPAL COMPUTER NETWORK Presented by John F. McLaughlin. (As MOTION: That the sum of $50,000 be appropriated for the purchase adopted) and installation of data communication equipment to be used in conjunction with the institutional television trunk cable to connect various municipal buildings with the computer located at Lexington High School, and that such amount be raised in the tax levy. 10:05 P.M. Michael J. O'Sullivan, with the aid of slides, gave a very technical background of this joint article for the schools and the town. 10:25 P.M. Shepard Anthony Clough, Chairman of the School Committee, voiced the unanimous support of his committee and urged the support of the meeting. 10:28 P.M. After general discussion, Gerald L. Abegg moved the previous question which was declared adopted by voice vote. 10:38 P.M. Motion as presented by Mr. McLaughlin declared adopted by voice vote. 10:38 P.M. Article 2. Jacquelyn R. Smith, Chairman of the Planning Board, filed the 1983 Annual Report on the Housing Policy Resolution. Adopted by Annual Town Meeting with the copy of the summary of the Advisory Committee on Housing Needs and the Report of the Lexington Planning Board To The 1983 Town Meeting on Current Land Use and Developments In Lexington. Mrs. Smith gave a brief summary of the reports. 10:42 P.M. Winifred L. L. Friedman served notice of reconsideration of Article 46. 10:44 P.M. (See Pages 268 & 269) Article 2. Manfred P. Friedman asked if the Garrity House was •considered as (Cont.) subsidized housing and Mr. James F. Crain answered that it was not. 10:45 P.M. Robert M. Hutchinson, Jr. , Town Manager, read a letter from R. Kirk Noyes of Sydney-Noyes Associates with a progress report on the Muzzey Junior High School project. There have been some delays but the designs have now been completed. There will be a hearing before the Historic Districts Commission on May 25 and application will be made for a Special Permit from the Board of Selectmen. It is expected that purchase of the building will be (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) 2E5 Article 2. in August of this year. The number of units has been reduced from (Cont.) 71 units to 70. There have been 200 letters of buyers interest andeach of the first 120 letters were accompanied by a check for $500. 10:49 P.M. James F. Crain moved that this meeting be adjourned to Wednesday, May 16, 1983 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted unanimously. . 10:49 P.M. 1•• • A true copy. Attest: AMA( vrir, Mary R. McDonough, Town Clerk 266 ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING MAY 16, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 179 Town Meeting Members present. Invocation was offered by Rev. Brian S. Dixon, Pastor of the First Baptist Church. 8:10 P.M. Chairman of the Board of Selectmen, James F. Crain readSelectmen's Proclama- tions for Michael M. Fiveash and Maureen T. Sullivan who were both named by the Battle Green Chapter, Order of DeMolay as recipients of its 1983 Exemplary Teacher Awards and they both received standing ovations. 8:13 P.M. Mr. Crain then read the names of the following members and novices of the Lexington High School Debating Team and asked them to come to the front of the hall: David Adler, Adrienne Della Penna, John Harkrider, Mark Friedman, Aaron Pressman, Mark Prutsalis, Mark Passamonti, Laura Dietz, Gary Stone, Sam Thernstrom, Jon Putnam, Jessica Wang, Matt Jensen and Mat Palmer. Novices: Ilona Fried, Suzie Delbanco, Eric Rheinstein, Geoff Dapice, Mark Soukup, Sven Olsen, Joseph Choo, Janet Wong and Chris Velis. Mr. Crain read a Selectmen's Proclamation honoring the Lexington High School Debating Team who has won the New England District championship and further received State and National recognition by winning or placing in top spots in said tournaments. The team received an ovation from the meeting. 8:15 P.M. Stephen W. Doran read an official citation from the House of Representatives. Article 47. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM Presented by James F. Crain. (See MOTION: That the sum of $220,000 be appropriated for a local Page 267 transportation system, that such amount be raised in the tax levy, for motion and that the Selectmen be authorized to apply for, accept and as adopted) expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. 8:18 P.M. Sally T. Castleman, Chairman of the Transportation Advisory Committee, gave a review of the past and future of LEXPRESS. T,FXPRESS Ridership 1982-83 17 riders per vehicle hour. 11% 6 or over 33% over 18 47% shop in Lexington more often 27% could not make trip otherwise 42 have no need of all day parking 52 fewer cars in Lexington 194 auto trips eliminated daily. PROJECTED BUDGET 1982-83 Costs: Buses $220,700 Administration 10,600 Chair Car 5,000 �.. Total $236,300 PROPOSED BUDGET 1983-84 Costs: Buses $257,000 Administration 13,000 Chair Car 5,000 Total $275,000 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 267 Article 47. Sally Castleman's explanation (Cont.) : (Cont.) Proposed Budget 1983-84 (Cont_) Revenue: Fares & tickets $ 55,000 Passes 20,000 Town of Lexington 200,000 Total $ 275,000 Appropriation Request: $200,000 8:27 P.M. Mr. Crain informed the meeting that he had misread the amount to be appropriated when he read the motion and asked permission of the meeting to change the figure from $220,000 to $200,000. There were no objections from the meeting so the appropriation now reads $200,000. 8:28 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee stated that the committee recommended unfavorable action on this article. 8:30 P.M. Main motion, as presented by Mr. Crain, declared adopted by voice vote. 8:31 P.M. (Motion, with corrected appropriation, as adopted: (As MOTION: That the sum of $200,Q00 be appropriated for a local adopted) transportation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. Adopted by voice vote. 8:31 P.M.) (See above) Article 48. ELDERLY/HANDICAPPED TRANSPORTATION PROGRAM Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 8:32 P.M. Article 49. CMARC Presented by Margery M. Battin. (As MOTION: That the sum of $5,000.00 be appropriated to be expended adopted) by the Board of Health under G.L.c. 40s.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 program or purpose designated by the Board of Selectmen, and that such amount be raised in the tax levy. 8:33 P.M. Julian J. Buss an g g, who was of the opinion that the Human Services Committee should be a by-law committee, asked that the Board of Selectmen study this possibility for next year. 8:35 P.M. Mrs. Battin answered that the Board of Selectmen would take under advisement Mr. Bussgang's suggestion. Main motion declared adopted unanimously. 8:35 P.M. 268 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) Article 50. HANSCOM FIELD SUBREGION TRAFFIC FLOW STUDY Presented by Margery M. Battin. (As MOTION: That the sum of $2500 be appropriated for the Town's share adopted) of a preliminary study for improving the traffic flow in the Hanscom Field subregion, and that such amount be raised in the tax levy. 8:35 P.M. Mrs. Battin explained that Lincoln, Concord and Bedford have already appropriated their share to this study and if the four towns appropriate the money, Massport will give $25,000 and Hanscom will ' give $5,000. She added that Lexington has an obligation to participate. 8:40 P.M. Iris G. Wheaton requested a progress report from the Board of Selectmen regarding the six lane highway on Bedford Street. Walter Tonaszuck, Director of Public Works, answered that the town has submitted 25% of the plans to the state. The state will not review the plans until there has been acceptance by the Federal and State Governments. The review process has taken a long time. 8:43 P.M. Martin L. Hagerty asked why the $2,500 couldn't be taken out of the $100,000 funds appropriated last year. He added that Hartwell Avenue and Bedford Street had been studied to death. 8:46 P.M. Mrs. Battin answered that Chapter 90 money has already been commit- ted under contract. 8:47 P.M. Mr. Hagerty said that the Town of Bedford has no intention of changing any of their roads to help the traffic flow but Mrs. Battin responded that the Town of Bedford had never made that statement to the HATS Committee. 8:50 P.M. Main motion, as presented by Mrs. Battin, declared adopted by voice vote. 8:50 P.M. (See Page 264) Winifred L. L. Friedman moved reconsideration of Article 46. 8:50 P.M. Mrs. Friedman, who declared that she is not opposed to computers, had many questions regarding this new system. She questioned the cost for next year and the ensuing years and felt that reconsidering Article 46 would facilitate further discussion. 8:55 P.M. Shepard Anthony Clough, Chairman of the School Committee, explained that this article was a joint motion between the School Committee and the Board of Select- men and he showed slides in an attempt to answer some of Mrs. Friedman's questions as follows: What Will It Do: Interconnect central computer with All school buildings (9) Central Office Town Hall Who Is It For: Students Teachers/Coordinators Principals Town Administrators How Will Town Benefit: Provide two terminals and couplers Advantages: Two year pay back Increased effectiveness for town departments Increase utilization Implications: Increase use of computer for all town departments. 8:59 P.M. In answer to a question raised by Joyce Hals, Town Manager Robert M. Hutch- inson, Jr. said that the town presently has the accounting system computerized but added that we do have a need to upgrade for personnel information. He said that this is the time to tie into the school system and feels that this is a sound proposal. 9:01 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 2 69 After general discussion, the motion to reconsider Article 46, as offered by Mrs. Friedman, was declared lost by voice vote. 9:13 P.M. Article 51. HAZARDOUS WASTE COLLECTION Presented by Mary W. Miley. MOTION: That the sum of $2,500. be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes on a one-year trial basis; that such amount be raised in the tax levy; and that the Selectmen be authorized to select the con- tractor and to set user fees and take all other steps necessary to carry out this project. 9:13 P.M. Joan Z. Clark was recognized and gave a short explanation of this motion. 9:21 P.M. Motion was declared adopted by voice vote. 9:21 P.M. (See pages 209-210) James M. McLaughlin moved reconsideration of Article 10. 9:22 P.M. In his explanation of his motion, Mr. McLaughlin said that the lot reverts back to the Board of Selectmen. 9:25 P.M. Laura F. Nichols, Planning Board Member, spoke against reconsideration of Article 10. She explained that this is a major drainage area coming through here and it would be a mistake to make a building lot of this. 9:28 P.M. Stephen Michael Politi said that four members of the Board of Selectmen were in favor of reconsideration. 9:28 P.M. Motion to reconsider Article 10 was declared lost by voice vote. 9:31 P.M. Benjamin H. Golini moved reconsideration of Article 40. 9:32 P.M. (See Pages 260-262) John F. Downey, Jr. served notice of reconsideration of Article 51. 9:32 P.M. Motion to reconsider Article 40 (Cont.) (See above) Mr. Golini explained that Emerald Street, although appearing in the warrant, was not included in the motion under Article 40 although the neighbors had made the necessary applications for acceptance over the past ten years. These people have been residents of Emerald Street for ten or more years. Mr. Golini showed slides of costs, rate of return etc. 9:42 P.M. Ralph F. Johnson, a resident at 16 Emerald Street since 1947, spoke from the balcony urging support for the acceptance of Emerald Street. 9:43 P.M. 2 70 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) Laura F. Nichols, Planning Board Member, asked how many people lived on Emerald Street and Mr. Johnson answered that there were six houses. Mrs. Nichols said that part of the street is a paper street and that she cannot see the town building the street all the way through. She is opposed to reconsideration of Article 40. 9:46 P.M. General discussion followed. Motion to reconsider Article 40 was declared lost by voice vote. Mr. Golini asked for a standing vote and, as thirty-four members stood in agreement, the Moderator called for a standing vote as follows: Precinct In Favor Tellers Abstained Opposed 1 11 Robert E. Breslin 6 2 5 Karen A. Dooks 10 3 6 Paul V. Riffin 8 4 0 Peter C. J. Kelley 16 5 8 John Orin Hayward 9 6 0 Thomas E. Fortmann 20 7 1 Clarice B. Gordon 13 8 13 Carolyn H. Tiffany 0 9 8 L. Gail Colwell 1 8 At Large 7 John R. Campbell 14 Totals 59 1 104 Motion to reconsider Article 40 was declared lost. 9:57 P.M. Paul Newman moved that Article 11 be taken off the table. This motion was declared adopted unanimously. 9:57 P.M. (See Page 211) Article 11. TRANSFER OF SCHOOL PROPERTY (William W. Welch, Jr. gave written notice that he would abstain from voting on Article 11.) Presented by Paul Newman. (As MOTION: That the care, custody, management and control of Franklin adopted) School and the land adjoining it be transferred from the School Department to the Board of Selectmen effective July 1, 1983, and that the School Committee be authorized to dispose of surplus personal property and material in connection therewith. 9:58 P.M. Mr. Newman stated that the School Committee (of which he is a member) is not recommending transfer at this time. He asked that the following statement be made part of the minutes of this meeting: STATEMENT ON TRANSFER OF FRANKLIN The vote of the School Committee to transfer Franklin School to the Selectmen was made reluctantly, as was the earlier vote to close Franklin as a school. This is a beautiful school, wonder- fully situated, with a proud history. We offer Franklin to the Board of Selectmen because we do not envision an identifiable use for it in the foreseeable future. It is possible, however, that as our studies come in next fall on grade level reorganization and future school closings, we will see a desirable use for Franklin and will propose that use. While such a possibility seems too remote at this time for us to retain control of Franklin, we want to highlight the possibility and ask Town Meeting - if it votes to transfer Franklin to the Selectmen - to do so on the understanding that any timely proposal by the School Committee on the future use of Franklin be given special consideration. 10 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 27 Article 11. Jacquelyn R. Smith filed the Report of the Planning Board under (Cont.) Article 11 and explained the highlights of the report. She stated that the Planning Board is unanimously in favor of the transfer of Franklin School but they are concerned about the future use of the building. She said there is something to be said for simply "land banking", i.e. , holding our resources even though a future use cannot be presently identified. A majority of the Planning Board recommends a thorough investigation of the interim use of the build- ing for a ten-fifteen year period. 10:03 P.M. Mary W. Miley then asked if it could be used again as a school once it had been transferred and Selectman Chairman, James F. Crain answered that once it was off the school rolls it would be quite an expensive project to get it back as a school. He urged that it be turned over to the Board of Selectmen. 10:07 P.M. Main motion, as presented by Mr. Newman, declared adopted unanimously. 10:14 P.M. Article 7. AUTHORIZE SPECIAL LEGISLATION TO ALLOW TAX LEVY TO GO TO 296 Presented by John F. McLaughlin. (See MOTION: That the Selectmen be and they hereby are authorized to Page 272 petition the General Court for an act to permit the Town to levy for motion taxes to an amount not exceeding two and one-half percent of the as full and fair cash value of the property values of the Town without adopted) regard to Chapter 782 of the Acts of 1981 if the Selectmen deter- mine that the financial outlook for Fiscal Year 1985 requires such action. 10:15 P.M. Robert M. Hutchinson, Jr. , Town Manager, stated that the Selectmen were unanimously in favor of this article. With the aid of slides, Mr. Hutchinson went through the budget forecast for the period 1984 through 1988 and he hoped that the meeting would give this article favorable action. 10:23 P.M. Paul W. Marshall moved to amend by adding a resolution at the end as follows: Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 24i% of full and fair value they should take such steps as needed to place before the town by referendum the question of override on Proposition 2 %. The intent of this referendum would be to allow the town citizens to decide if they want to tax up to 2 % of full and fair value. 10:25 P.M. Mr. Marshall spoke on his amendment and showed slides. 10:30 P.M. Mr. Marshall asked the consent of the meeting to change the last sentence of his amendment, on advice of the Town Counsel, Norman P. Cohen, and there were no objections from the meeting. The amendment now reads: Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 2 % of full and fair value they should take such steps as needed to place before the town a referendum question concerning an override as set forth in Chapt. 782 of the Acts of 1981. 10:34 P.M. Margery M. Battin stated that the Selectmen feel that the override belongs to town meeting and Shepard Anthony Clough that the unanimous sense of the School Committee is that the town should tax up to 296- of %of its property value. He added that the School Committee will need increased funding to run the schools. 10:43 P.M. In response to a question raised by James E. Barry, Town Counsel Norman P. Cohen said that the referendum could come at the annual or any special election. 10:45 P.M. 2 7 I (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) Article 7. In answer to a question by Sam V. Nablo, the Town Manager said that (Cont.) the tax levy can only be increased by 2 %. 10:45 P.M. John F. McLaughlin said that a majority of the Board of Selectmen opposed Mr. Marshall's amendment. 10:45 P.M. Mr. Marshall's motion to amend was declared adopted by voice vote. 10:46 P.M. Main motion as offered by Mr. McLaughlin and amended by Mr. Marshall was declared adopted by voice vote. 10:46 P.M. (Main motion as offered by Mr. McLaughlin and amended by Mr. Marshall adopted as follows: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) petition the General Court for an act to permit the Town to levy taxes to an amount not exceeding two and one-half percent of the full and fair cash value of the property values of the Town without regard to Chapter 782 of the Acts of 1981 if the Selectmen deter- mine that the financial outlook for Fiscal Year 1985 requires such action. Resolution under Article 7. Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 2 % of full and fair value they should take such steps as needed to place before the town a referendum question concerning an override as set forth in Chapt. 782 of the_Acts of 1981. Adopted by voice vote. 10:46 P.M.) (See above) Article 9. (See Pages 209 and 235) AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 10:47 P.M. Ephraim Weiss asked why this article was being postponed and Mrs. Battin answered because it was not needed. She added that this is a vehicle for discussion. 10:50 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, said that the Authority would like to have the words "low income" crossed out. 10:54 P.M. Indefinite postponement motion was declared adopted by voice vote. 10:55 P.M. Francis W. K. Smith moved to take Article 44 off the table. This motion was declared adopted by voice vote. 10:56 P.M. (See Page 264) Article 44. CONSERVATION LAND PURCHASE Presented by Francis W. K. Smith. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:56 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983. ) 2779 o John F. McLaughlin moved that Article 13, Section (b)be taken off the table. This motion was declared adopted unanimously. 10:56 P.M. (See Page 212) Article 13. (b) RENAME SHERBURNE ROAD; WELLINGTON LANE AVENUE AND MEADOW BROOK AVENUE Presented by John F. McLaughlin. MOTION: That part (b) of this article be indefinitely postponed. Adopted unanimously. 10:57 P.M. Stephen Michael Politi moved that Article 15 be taken off the table. This motion was declared adopted unanimously. 10:58 P.M. (See Page 212) Article 15. SUBSTITUTE 2-FAMILY HOUSE FOR MORROW CROSSING UNITS Presented by Stephen Michael Politi. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:58 P.M. The Moderator stated that the meeting is now open on Article 20, Item #6050. (See Pages 241, 242, 247) Article 20. (See Pages 241, 242 & 247) (As presented by James F. Crain at the May 4, 1983 session of this meeting: #6050 Insect Suppression $10,000 Motion to amend as presented by Susan S. Beck at the May 9, 1983 session of this meeting: "Move that line item 6050 Insect Suppression be amended as follows: provided that any malathion used in mosquito control be analyzed for impurities such as isomalathion before each application." Motion to amend the amendment as presented by Edward E. O'Sullivan at the May 9, 1983 session of this meeting: Beck "Move to amend the amendment of Mrs_/to line item #6050 by adding the following: The stock of malathion to be used in spraying in the town of Lexing- ton shall be tested for impurities by the Eastern Middlesex Mosquito Control Board under the supervision of the Lexington Board of Health prior to any spraying. The results of said testing shall be forwarded to the Bd. of Selectmen.") James F. Crain asked that the Board of Health be recognized. 10:58 P.M. Dr. Linda Roemer, Board of Health Member, reviewed line item #6050 and stated that they would spray only if and when necessary. 11 P.M. James W. Lambie, Chairman of the Board of Health, stated that they planned to test the malathion that is used in Lexington although they do not feel that any testing of malathion is necessary. One test is needed for each barrel and they would probably use just one barrel each year. The cost of the testing is approximately $150. for each test. 11:05 P.M. 274 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) Article 20. #6050 Insect Suppression (Cont.) Edward E. O'Sullivan stated that he had talked with the Board of Health this past week, had been treated very courteously and he was satisfied as to the testing that was to be made. He therefore asked the unanimous consent of the meeting to withdraw his amend- ment to the amendment and, as there were no objections from the meeting, the motion to amend was declared withdrawn. 11:06 P.M. The Moderator declared that Susan S. Beck's amendment was the only amendment on item #6050 now. Mrs. Beck also expressed her satisfaction in regard to the testing to be made and asked for the unanimous consent of the meeting to withdraw her amendment. As there were no objections from the meeting, the motion to amend, as presented by Mrs. Beck, was declared withdrawn. 11:06 P.M. Motion as presented by Mr. Crain on May 4, 1983 (See Page 241) was declared adopted by voice vote. 11:07 P.M. (As (Motion as adopted now reads: adopted) #6050 Insect Suppression $10,000 Adopted by voice vote. 11:07 P.M.) The Moderator declared that the meeting was now open on Article 52. Article 52. USE OF FUNDS TO REDUCE TAX RATE Presented by James F. Crain. MOTION: That the sum of $1,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1983, and that such amount be transferred from the Excess and Deficiency Account (Free Cash) . Adopted unanimously. 11:08 P.M. James F. Crain, Chairman of the Board of Selectmen, spoke on behalf of the Board of Selectmen in extending the appreciation of the board to the town support staff, to the elected and appointed town officials and to all those who had contributed to the 1983 Annual Town Meeting. 11:08 P.M. James F. Crain moved that this 1983 Annual Town Meeting be dissolved. This motion was declared adopted unanimously. 11:09 P.M. A true copy. Attest: /c L Mary R. McDonough, Town Clerk L 9 Donald J. Shaw, 6 Barrymeade Drive, resigned as a Town Meeting Member from Precinct Nine effective August 10, 1983. Louis E. Conrad, 176 Cedar Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 7, 1983. As of August 17, 1983 he filed his acceptance of the position of Town Meeting Member from Precinct Nine to fill the vacancy caused by the resignation of Mr. Shaw. This term will expire in March 1984. T William R. Page, formerly of 25 Oakland Street, was a Town Meeting Member from Precinct Six. On August 19, 1983 an application form for addition to the checklist (voting list) was received in the office of the Town Clerk from the Town Clerk of Westmore, Vermont. This form was signed by William R. Page on May 23, 1983 authorizing that his name be removed from the list of registered voters in Lexington, Mass. In accordance with Chapter 215, Section 3 of the Acts of 1929: "A town meeting member who removes from the town shall cease to be a town meeting member". Therefore, as of September 8, 1983, William R. Page ceased to be a Town Meeting Member from Precinct Six. Harry A. Hall, III, 10 Patriots Drive, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 7, 1983. As of September 20, 1983 Harry A. Hall, III filed a statement with the Town Clerk declining acceptance of the Town Meeting Member position in Precinct Six,to fill the vacancy caused by the resignation of William R. Page. James L. McDevitt, 36 Colony Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 7, 1983. As of September 29, 1983 James L. McDevitt filed his acceptance of the position of Town Meeting Member from Precinct Six to fill the vacancy caused by the resignation of William R. Page. This term will expire in March 1984. Joyce Hals, 14 Vine Brook Road, resigned as a Town Meeting Member from Precinct Four on February 10, 1984. This vacancy will be filled at the March 5, 1984 Annual Town Election by the next defeated candidate that receives the highest vote. (See Page 280) Robert E. Bond, 80B Hancock Street resigned as a Town Meeting Member from Precinct Eight on February 21, 1984. This vacancy will be filled at the March 5, 1984 Annual Town Election by the next defeated candidate that receives the highest vote. r-^ At the March 5, 1984 Annual Town Election there was a tie for the first defeated candidate with the highest vote, therefore the vacancy caused by Mr. Bond's resignation will be filled at a special election of Town Meeting Members from Precinct Eight only on Monday, April 2, 1984 at 7:30 P.M. in Estabrook Hall. 4-11r6 (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MARCH 5, 1984 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 Monday, March 5, 1984 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. Collins Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Donna Alexson R Virginia M. Warner Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Elliott J. Barrett R Josephine S. Siders Inspector D Cornelius P. Cronin Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Winifred E. Ivester Clerk R Barbara M. Collins D Anne C. Williamson Inspector D Elizabeth H. Clarke R Elinor M. Vassallo Inspector R Sally J. Burgess r Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy O. Jones Clerk D Helen C. MacGillivray D Mary Gail Faulkingham Inspector R Richard F. Crawford R Leonard N. Jones Inspector D Evelyn T. Lawson Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini 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. The total number of registered voters in each precinct eligible to vote as of February 14, 1984 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,075 1,110 376 589 �. 2 2,065 1,186 325 554 3 1,995 1,020 359 616 4 2,291 1,167 496 628 5 2,204 1,097 397 710 6 2,144 1,024 556 564 7 2,252 1,155 442 655 8 1,885 848 412 625 9 2,249 1,054 453 742 TOTALS 19,160 9,661 3,816 5,683 (Annual Town Election - March 5, 1984. ) 277 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 9 P.M. Precinct 2 9:10 P.M. Precinct 3 9:40 P.M. Precinct 4 9:05 P.M. Precinct 5 8:45 P.M. Precinct 6 9:04 P.M. Precinct 7 9 P.M. Precinct 8 8:50 P.M. Precinct 9 9:06 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 798 voters cast their vote Precinct 2 674 voters cast their vote Precinct 3 712 voters cast their vote Precinct 4 806 voters cast their vote Precinct 5 742 voters cast their vote Precinct 6 958 voters cast their vote Precinct 7 731 voters cast their vote Precinct 8 762 voters cast their vote Precinct 9 759 voters cast their vote TOTAL 6,942 voters cast their vote 36.229% of the 19,160 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN VOTED BY MAIL (Excluding Certified Permanently Disabled) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED , 1 34 13 21 2 14 10 4 3 19 16 2 1 4 25 16 8 1 5 24 13 8 2 1 6 29 25 3 1 7 15 8 3 2 2 8 25 20 4 1 9 12 75 TOTALS 197 128 58 7 4 VOTED BY MAIL - CERTIFIED PERMANENTLY DISABLED 1 2 1 1 2 1 1 5 1 1 6 1 1 9 11 TOTALS 6 5 1 VOTED OVER THE COUNTER 1 8 8 ,_... 2 14 14 3 13 13 4 11 11 5 6 6 6 11 11 7 9 9 8 5 5 9 88 TOTALS 85 85 2 • S (Annual Town Election - March 5, 1984. ) ABSENTEE BALLOT BREAKDOWN (CONT.) PRECINCT APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PROCESSED RETURNED UNUSED LATE UNUSED NON-REGISTERED VOTERS 3 1 1 6 1 1 8 1 1 9 1 1 TOTALS 4 2 1 1 FINAL TOTALS 292 220 60 8 4 4 1 Rejected Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr. 6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN Steve Politi 508 342 393 389 386 441 373 468 391 3,691 John C. Eddison 350 376 389 453 400 525 417 342 461 3,713 Paul W. Marshall 346 336 371 488 418 640 443 384 400 3,826 Blanks 392 294 271 282 280 310 229 330 266 2,654 Totals 1596 1348 1424 1612 1484 1916 1462 1524 1518 13,884 John C. Eddison and Paul W. Marshall were elected to the Board of Selectmen each for a term of three years expiring in March 1987. MODERATOR Lincoln P. versa Cole, Jr. 585 495 535 593 565 728 538 576 575 5,190 Blanks 213 179 177 213 177 230 193 186 184 1,752 Totals 798 674 712 806 742 958 731 762 759 6,942 Lincoln P. Cole, Jr. was elected Moderator for a term of one year expiring in March 1985. SCHOOL COMMITTEE James C. Beck 460 313 330 391 289 463 361 411 387 3,405 Elizabeth C. Haines 262 314 325 379 396 453 339 283 321 3,072 Blanks 76 47 57 36 57 42 31 68 51 465 Totals 798 674 712 806 742 958 731 762 759 6,942 James C. Beck was elected to the School Committee for a term of three years expiring in March 1987. PLANNING BOARD Stephen B. Cripps 247 222 269 419 298 405 293 283 311 2,747 Winston E. Flynn 169 225 154 136 158 172 123 140 143 1,420 George E. Murray 139 63 84 84 101 119 109 105 122 926 Ruth S. Thomas 1 1 Blanks 243 164 205 166 185 262 206 234 183 1,848 Totals 798 674 712 806 742 958 731 762 759 6,942 Stephen B. Cripps was elected to the Planning Board for a term of five years expiring in March 1989. (Annual Town Election - March 5, 1984. ) 27 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals LEXINGTON HOUSING AUTHORITY Donald D. Wilson 499 389 345 378 367 425 337 402 356 3,498 William T. Spencer 175 218 265 316 250 417 269 225 285 2,420 Blanks 124 67 102 112 125 116 125 135 118 1,024 Totals 798 674 712 806 742 958 731 762 759 6,942 Donald D. Wilson was elected to the Lexington Housing Authority for a term of five years expiring in March 1989. TOWN MEETING MEMBERS - PRECINCT ONE *Nancy M. Adler 454 *James A. Cataldo 351 *James Cataldo 389 John J. Chancholo 157 *Patricia K. Hagedorn 417 *Chang Chih Chao 430 *Ronald Levy 395 Steven Yale Meltz 230 *Albert P. Zabin 414 Blanks 2,021 James E. Barry, Jr. 328 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO *Arthur C. Smith 419 *Casimir R. Groblewski 360 *Christina J. Welch 386 *Daniel A. Lucas 348 **William W. Welch, Jr. 323 *John J. Walsh 343 *Carolyn C. Wilson 385 Blanks 2,486 *Leonora K. Feeney 342 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT THREE *Joy C. Buchfirer 392 *James P. Reilly 381 *Suanne C. Dillman 433 Vaughan K. Bogosian 185 *Jean Gaudet 319 Alfred S. Busa 291 *Erna S. Greene 394 Joseph A. Campbell 211 *Gloria V. Holland 424 Blanks 1,588 *John J. McWeeney 366 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Martin A. Gilman 377 *Dan H. Fenn, Jr. 416 *Georgia S. Glick 428 Joel H. Greenstein 74 Daniel L. McCabe 334 George E. Murray 109 *Margaret F. Rawls 449 Richard F. Perry 270 *Karsten Sorensen 398 John A. Powell 169 *Martin K. White 393 Christopher B. Walker 212 Frank B. Cavatorta 133 Blanks 1,530 *Stephen B. Cripps 350 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FIVE *Florence A. Baturin 374 *Ephraim Weiss 401 *Wallace Cupp 326 Warren Roberts 166 *Jonathan P. Doran 443 Sam Silverman 312 *Elaine Dratch 443 *David G. Williams 354 *John Orin Hayward 337 Blanks 1,761 Edward E. O'Sullivan 277 *Elected for three years. 2 8 ) (Annual Town Election - March 5, 1984.) TOWN MEETING MEMBERS - PRECINCT SIX *Margaret N. Brooke 526 *John S. Willson 495 *Levi G. Burnell 407 Robert H. Domnitz 385 *George E. Foote 433 Michael W. Golay 406 *Judith B. Marshall 564 *Elizabeth C. Haines 590 James L. McDevitt 303 Blanks 2,234 *William T. Spencer 563 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN *Lloyd Gilson 470 *Esther S. Arlan 379 *Walter N. Leutz 383 Sharon L. Avakian-Avedisian 236 —.J *William J. Scouler 489 *Elizabeth M. Barabush 372 *Jacquelyn H. Ward 462 Blanks 1,804 *Martha C. Wood 522 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT Charles E. Connolly, Jr. 268 Donald L. Bailey 268 *William P. Fitzgerald 276 *Roger F. Borghesani 310 *Suzanne S. Frank 352 Jack Joseph Byrd, Jr. 140 *Richard A. Michelson 395 *Florence E. Connor 274 *Laura F. Nichols 317 Dennis Sullivan 238 Gordon R. Osgood 237 Blanks 1,962 *Jack Sarmanian 297 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT NINE *Alice J. Adler 397 *Jacqueline P. Bateson 318 *Kenneth 0. Alves 425 Violet A. Dhimos 274 *Louis E. Conrad 459 Janet Perry 276 *Neil Gray 353 Edward J. Walsh 175 *Richard M. Perry 365 Blanks 1,994 ~� *James J. Scanlon 277 *Elected for three years. A true copy. Attest: 4D-KmAle, 0 Mary R. McDonough Town Clerk Daniel L. McCabe, 225 Waltham Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 4 at the Annual Town Election held March 5, 1984. As of March 8, 1984 Daniel L. McCabe accepted the position of Town Meeting Member from Precinct 4 to fill the vacancy caused by the resignation of Joyce Hals, 14 Vine Brook Road effective February 10, 1984. Term expires in March 1985. 281_ Paul W. Marshall, 6 Chandler Street, resigned as a Town Meeting Member from Precinct 6 effective March 6, 1984. As Mr. Marshall was elected to the Board of Selectmen at the Annual Town Election held March 5, 1984, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Michael W. Golay, 6 Oakland Street, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct 6 at the Annual Town Election held March 5, 1984. As of March 12, 1984 Mr. Golay has accepted the position of Town Meeting Member from Precinct 6 to fill the vacancy caused by the resignation of Mr. Marshall. This term will expire in March 1985. John C. Eddison, 20 Nickerson Road, resigned as a Town Meeting Member from Precinct 9 effective March 6, 1984. As Mr. Eddison was elected to the Board of Selectmen at the Annual Town Election held March 5, 1984, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Janet Perry, 16 Ellison Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election held March 5, 1984. As of March 7, 1984 Janet Perry has accepted the position of Town Meeting Member from Precinct 9 to fill the vacancy caused by the resignation of Mr. Eddison. This term will expire in March 1985. 1s) (WARRANT FOR PRESIDENTIAL PRIMARIES - SEE WARRANT FILE) PRESIDENTIAL PRIMARIES MARCH 13, 1984 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, March 13, 1984 at 7 A.M. 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. Collins Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Donna Alexson R Virginia M. Warner Inspector R Dorothy P. Gauthier D Cornelius P. Cronin Inspector D Erna S. Greene R Blanche T. Johnson - Inspector ' R Francoise V. Brown Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Elliott J. Barrett R Josephine S. Siders Inspector D Weiant Wathen-Dunn D Ellen B. O'Connell Inspector R Evelyn M. Belbin R Helen E. MacDonald Inspector D Margaret M. McCarthy Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Winifred E. Ivester Clerk R Sally J. Burgess D Anne C. Williamson Inspector D Laura Spellman R Elinor M. Vassallo Inspector R Richard F. Crawford D Catherine R. Sullivan Inspector D Catherine F. Jones R Evelyn A. Franks Inspector R Carole Sandra Scalise Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Elizabeth Ann Snell Clerk D Helen C. MacGillivray D Evelyn T. Lawson Inspector R Frank R. Zelck R Mary E. Sherman Inspector D Anthony J. Buda D Mary G. Faulkingham Inspector R Doris E. Barclay R Rachel M. Higgins Inspector D Alice A. Coletta Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Florence M. Murray Inspector D Mary Aiken Inspector R Jean Porter 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 13, 1984. ) 28'3. The total number of registered voters in each precinct eligible to vote as of February 14, 1984 as follows: PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,075 1,110 376 589 2 2,065 1,186 325 554 3 1,995 1,020 359 616 4 2,291 1,167 496 628 5 2,205 1,097 397 711 6 2,144 1,024 556 564 7 2,252 1,155 442 655 8 1,885 848 412 625 9 2,249 1,054 453 742 — Totals 19,161 9,661 3,816 5,684 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:06 P.M. Precinct Two 9:45 P.M. Precinct Three 9:30 P.M. Precinct Four 9:30 P.M. Precinct Five 9:26 P.M. Precinct Six 10:55 P.M. Precinct Seven 9:45 P.M. Precinct Eight 9:14 P.M. Precinct Nine 9:32 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: DEMOCRATS REPUBLICANS PRECINCT VOTED VOTED TOTAL VOTED 1 566 75 641 2 727 61 788 3 576 61 637 4 685 88 773 5 652 89 741 6 669 138 807 7 693 61 754 8 539 86 625 9 606 75 681 Totals 5,713 734 6,447 33.646% of the 19,161 eligible voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) RD R D R D R D R D 1 10 19 10 16 2 1 2 1 15. 1 12 2 1 3 2 10 2 7 2 1 4 2 16 1 13 - 1 1 2 5 1 23 1 14 7 1 1 6 6 24 6 20 3 1 7 2 19 13 1 4 1 2 8 2 20 1 16 4 1 9 3 8 3 4 4 Totals 29 154 25 115 2 29 2 9 1 284 (Presidential Primaries - March 13, 1984.) VOTED BY MAIL CERTIFIED PERMANENTLY DISABLED PRECINCT APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PROCESSED RETURNED UNUSED TOO LATE UNUSED R DR D R D R D R D 1 1 1 2 1 1 5 1 1 91 1 _ _ _ , Totals 2 2 2 1 1 VOTED OVER THE COUNTER 1 15 14 1 2 1 10 1 10 3 4 8 4 8 4 10 10 5 1 12 1 12 6 3 15 3 15 7 11 11 8 2 4 2 4 9 33 Totals 11 88 11 87 1 NON-REGISTERED VOTERS - VOTED BY MAIL 1 1 1 5 2 1 1 7 1 1 8 1 1 Totals 1 4 2 1 1 1 FINAL TOTALS 43 248 38 205 3 31 2 11 1 `—, BALLOTS REJECTED Precinct 4 1 Precinct 5 1 DEMOCRATIC PARTY BALLOT Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PRESIDENTIAL PREFERENCE Jesse Jackson 14 16 12 17 19 26 17 16 15 152 Gary Hart 209 261 215 234 234 254 282 238 214 2,141 Reubin Askew 0 0 0 0 0 0 0 0 0 0 George McGovern 131 224 150 174 202 184 175 135 163 1,538 Walter F. Mondale 168 182 157 199 149 157 149 123 162 1,446 Ernest F. Hollings 0 0 0 1 0 1 0 0 0 2 Alan Cranston 1 0 0 2 1 1 2 0 0 7 John Glenn 35 40 35 48 45 43 59 22 47 374 No Preference 3 3 2 2 0 2 3 4 1 20 Ronald Reagan 0 1 3 2 1 1 4 0 1 13 Jay Rockerfeller 0 0 0 1 0 0 0 0 0 1 Mickey Mouse 0 0 0 0 0 0 0 0 1 1 Blanks 5 0 2 5 1 0 2 1 2 18 Totals 566 727 576 685 652 669 693 539 606 5,713 c'. 85 (Presidential Primaries - March 13, 1984.) DEMOCRATIC 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) John J. Bilafer 247 275 213 240 235 238 235 209 230 2,122 Mickey Mouse 1 1 Blanks 319 452 362 445 417 431 458 330 376 3,590 '- Totals 566 727 576 685 652 669 693 539 606 5,713 STATE COMMITTEE WOMAN (Fourth Middlesex District) Claire Buckley Dwyer 165 173 154 135 165 150 166 128 170 1,406 Dorothy Volpe-O'Malley 167 243 166 248 208 216 213 175 173 1,809 Blanks 234 311 256 302 279 303 314 236 263 2,498 Totals 566 727 576 685 652 669 693 539 606 5,713 TOWN COMMITTEE *Stephen W. Doran 368 473 365 466 406 463 463 346 367 3,717 *Gerald L. Abegg 186 281 225 321 269 301 262 213 231 2,289 *Nancy M. Adler 265 288 199 270 262 243 251 177 225 2,180 *Gordon E. Barnes, Jr. 161 236 165 213 212 227 219 169 240 1,842 *James E. Barry 216 259 173 223 217 209 203 142 169 1,811 *Eric T. Clarke 179 327 213 255 230 256 245 156 189 2,050 *Sheila Clemon-Karp 239 257 195 250 252 237 257 167 198 2,052 *Mary C. Abegg 186 291 226 317 264 295 259 216 238 2,292 *Mary T. Cogan 169 252 170 228 212 306 217 149 199 1,902 *Marion T. Coletta 183 264 197 255 227 245 250 191 201 2,013 *Mark Doran 253 329 212 283 270 280 256 198 217 2,298 *James Hoyte 154 242 175 220 206 202 197 135 182 1,713 *Nancy F. Earsy 169 261 191 275 231 247 251 173 194 1,992 *John C. Eddison 227 320 261 325 292 328 323 216 265 2,557 *George E. Foote 169 285 173 234 223 271 231 153 179 1,918 *Susan Schleigh Foote 174 273 179 228 224 249 226 153 187 1,893 *Emily W. Frankovich 168 267 185 249 226 250 291 161 189 1,986 *Marie Goldstein 181 310 170 229 221 224 225 154 185 1,899 *David L. Kaufman 169 246 158 223 228 263 223 149 179 1,838 *Harriet G. Kaufman 166 256 162 229 233 271 228 156 183 1,884 *A. Patricia McCabe 187 255 197 237 230 229 231 213 207 1,986 *Deborah G. Kearney 162 246 167 216 211 222 257 166 178 1,825 *Mary W. Miley 200 302 228 295 257 300 347 207 222 2,358 *Richard I. Miller 154 243 161 217 205 211 214 141 183 1,729 *Alice M. Pierce 178 265 191 233 217 232 280 160 196 1,952 *William T. Spencer 176 268 203 263 242 327 239 179 196 2,093 *David Reiner 155 250 173 226 223 224 300 149 173 1,873 *Marie E. Roberts 168 237 232 230 213 217 227 146 177 1,847 *Jean E. Rubenstein 173 258 172 228 221 215 265 149 183 1,864 *Edith Sandy 186 261 189 252 242 308 277 163 189 2,067 *Richard J. Shaw 209 259 164 221 241 220 218 151 187 1,870 *Roger G. Trudeau 160 244 175 230 218 235 277 148 167 1,854 *Judith J. Uhrig 184 274 208 308 248 247 250 168 205 2,092 *Weiant Wathen-Dunn 193 297 196 249 274 237 241 156 183 2,026 *Martha C. Wood 186 279 208 255 250 264 345 189 212 2,188 Mike Dohan 1 1 Blanks 13157 15790 13302 15022 14422 14360 15210 12806 14135 128,204 Totals 19810 25445 20160 23975 22820 23415 24255 18865 21210 199,955 *Elected. 2.8(5 (Presidential Primaries - March 13, 1984.) 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 61 41 43 64 72 105 50 66 62 564 No Preference 7 6 10 14 4 12 8 9 8 78 Walter Mondale 1 1 1 0 0 0 0 1 0 4 John Glenn 1 2 0 1 0 0 0 0 0 4 Gary Hart 0 1 4 0 0 2 0 6 0 13 George McGovern 0 3 1 1 0 0 1 0 1 7 Jessie Jackson 0 1 0 0 0 0 0 0 0 1 John Anderson 0 1 0 0 0 0 0 0 0 1 �. Eliot Richardson 0 0 0 1 1 0 0 1 0 3 Howard Baker 0 0 0 0 0 1 0 0 0 1 Blanks 5 5 2 7 12 18 2 3 4 58 Totals 75 61 61 88 89 138 61 86 75 734 STATE COMMITTEE MAN (Fourth Middlesex District) William A. Barnstead 14 10 8 14 9 20 9 10 15 109 Edward E. O'Sullivan 47 42 40 58 69 97 39 62 49 503 Blanks 14 9 13 16 11 21 13 14 11 122 Totals 75 61 61 88 89 138 61 86 75 734 STATE COMMITTEE WOMAN (Fourth Middlesex District) Patricia J. Moreno 21 15 12 20 28 40 14 19 14 183 Margaret A. Perenick 30 33 26 35 36 58 28 40 41 327 Blanks 24 13 23 33 25 40 19 27 20 224 Totals 75 61 61 88 89 138 61 86 75 734 TOWN COMMITTEE *Neil Gray 38 32 28 43 51 64 31 37 40 364 *Elizabeth M. Flynn 30 29 37 44 49 69 28 45 36 367 *Albert Polgar 28 25 23 36 47 48 29 29 29 294 *William B. Simmons 27 29 26 42 53 67 31 38 35 348 *Richard F. Crawford 39 31 27 40 49 56 29 36 33 340 *Luanna E. Devenis 28 26 26 37 45 55 27 34 30 308 *Ruth J. Sharpe 29 26 30 39 48 62 30 33 34 331 *Alice W. Stoodley 25 25 27 37 45 58 30 36 32 315 *Edward E. O' Sullivan 39 39 35 53 62 86 32 46 45 437 *Marion E. Hunt 37 29 29 48 50 70 31 45 40 379 *Beverly M. Cameron 25 27 30 37 45 52 27 31 32 306 *Steven T. Balthaser 27 28 24 36 48 56 28 31 32 310 *William H. Levison 25 30 27 35 46 54 27 32 31 307 *Diane R. Porter 33 28 29 47 46 59 30 44 41 357 *Ellen H. White 29 29 29 43 46 79 30 40 32 357 * *Donald B. White 35 31 31 48 51 83 32 45 37 393 *Mark B. Vafiades 26 24 21 33 45 48 27 30 28 282 *William W. a Welch, Jr. 28 28 25 39 46 53 29 35 33 316 *Thomas M. Dewey 26 27 22 34 44 53 27 32 29 294 *Sally J. Burgess 27 25 25 43 46 55 29 35 35 320 .-.. *Louise C. Dallas 26 27 26 42 50 57 30 43 31 332 *Priscilla M. McGrath 27 25 27 40 47 53 31 37 31 318 *Lincoln P. Cole, Jr. 50 41 46 63 65 102 36 62 48 513 *Hardy J. Margosian, Jr. 27 27 24 36 45 50 26 31 31 297 * *Lisabeth M. White 30 29 29 40 46 72 29 39 34 348 *Elected. (Presidential Primaries - March 13, 1984. ) REPUBLICAN PARTY BALLOT (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals TOWN COMMITTEE (CONT.) *Reed' Kingston Taylor 28 26 26 36 46 61 28 33 37 321 *Susan S. Slade 26 29 27 39 46 56 26 32 30 311 *Evelyn F. Cole 46 37 42 58 59 99 34 59 45 479 Blanks 1764 1326 1337 1912 1749 3053 1311 1940 1654 16046 Totals 2625 2135 2135 3080 3115 4830 2135 3010 2625 25690 *Elected. A true copy. Attest: V Mary R. McDonough, Town Clerk 288 SPECIAL ELECTION - TOWN MEETING MEMBERS OF PRECINCT EIGHT ONLY HELD APRIL 2, 1984 A special election of Town Meeting Members of Precinct Eight only was held on April 2, 1984 at 7:30 P.M. in Estabrook Hall. At the Annual Town Election held March 5, 1984 Charles E. Connolly, Jr., 22 Revere Street and Donald L. Bailey, 84 Reed Street each received 268 votes for Town Meeting Member in Precinct Eight, therefore creating a tie for eighth place. This special election is held to determine which candidate will fill the vacancy caused by the resignation of Robert E. Bond, 80B Hancock Street. The term will be for one year, expiring in March 1985. Chairman of the meeting: Laura F. Nichols Clerk of the meeting: Benjamin H. Golini The meeting was called to order at 7:33 P.M. by Laura F. Nichols. There were 13 Town Meeting Members from Precinct Eight present. The election was held by secret ballot, counted by Benjamin Golini and Laura F. Nichols. Results as follows: Charles E. Connolly, Jr. 8 Donald L. Bailey 5 It was declared that Charles E. Connolly, Jr. was elected to a term of one year ending March 1985. Chairman, Laura F. Nichols /Signed/ Clerk, Benjamin H. Golini /Signed/ Dated: April 2, 1984 3 289 ANNUAL TOWN• MEETING - APRIL 2, 1984 The meeting was called to order at 8 P.M. in Cary Memorial Hall by Lincoln P. Cole, Jr. , Moderator. The meeting was immediately recessed by the Moderator subject to the call of the Chair and was reconvened at 8:03 P.M. There were 181 Town Meeting Members present. The invocation was offered by Rev. Robert J. Ludwig, Executive Minister of the Grace Chapel. 8:05 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the meeting. 8:05 P.M. The Constable's Return of the Warrant was read by the Town Clerk. 8:07 P.M. The Moderator stated that Article 2 was now open. Margaret F. Rawls moved that this town meeting be adjourned to Wednesday, April 4, 1984 at 8 P.M. in Cary Memorial Hall. 8:07 P.M. Mrs. Rawls explained that as the Town Meeting Members Association Information Meeting scheduled for March 29, 1984 had to be cancelled due to the blizzard, it was felt that the information meeting should be held this evening. She added that this was especially important in regards to the Planning Board articles (14 through 17) . She stated that it was her understanding that if the motion to adjourn is not adopted, that the Planning Board intended to ask for adjournment so that there could be an informal information meeting on their articles. Mrs. Rawls also said that Articles 8 and 11 would be tabled if the motion to adjourn is not adopted. 8:10 P.M. Patricia K. Hagedorn suggested that the discussion on the Planning Board articles be postponed until Wednesday evening or next week in order that the Town Meeting Members would have time to study the information. 8:10 P.M. Margery M. Battin, Chairman of the Board of Selectmen, voiced the unanimous ^—` support of the Board of Selectmen on the motion to adjourn. 8:12 P.M. Richard A. Michelson spoke in opposition to the motion to adjourn. 8:13 P.M. Jacquelyn R. Smith, Chairman of the Planning Board, stated that the Board supported the motion to adjourn. She added that if it had not been for the Blizzard of '84, the Planning Board had planned to ask for adjournment in order to have an information meeting on theBoard's articles. 8:17 P.M. Voice vote on the motion to adjourn was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Nancy L. Barter 7 2 8 Karen A. Dooks 10 3 11 Marian C. Reilly 6 4 12 Peter C. J. Kelley 1 5 5 Julie F. Triessl 11 6 15 John S. Willson 1 7 14 Winifred L. L. Friedman 3 8 9 Benjamin H. Golini 6 9 12 L. Gail Colwell 8 At Large 10 John R. Campbell 10 Totals 106 63 Motion to adjourn this meeting, as offered by Mrs. Rawls, to Wednesday, April 4, 1984 at 8 P.M. in Cary Memorial Hall was declared adopted. 8:20 P.M. A true copy. Attest: 7);(ailifil/ le A Mary R. McDonough, Town Clerk 290 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING HELD APRIL 4, 1984 The meeting was called to order at 8 P.M. in Cary Memorial Hall by Moderator Lincoln P. Cole, Jr. and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:09 P.M. There were 189 Town Meeting Members present. Invocation offered by Rev. Peter Hunt Meek, Senior Minister of the Hancock United Church of Christ. 8:12 P.M. The Moderator declared that Article 2 was now open and would remain open throughout the entire meeting. 8:12 P.M. Article 2. Margery M. Battin moved that the report of the Town Manager be accepted and placed on file. Adopted unanimously. 8:12 P.M. Article 3. Presented by Robert F. Sacco. APPOINTMENTS TO CARY LECTURE SERIES 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. Adopted unanimously. 8:13 P.M. Article 4. Presented by Robert F. Sacco. ACCEPT ELDERLY TAX EXEMPTION MOTION: That the Town accept Clause Forty-first B of Section 5 of Chapter 59 of the General Laws. 8:13 P.M. (PERSONS AND PROPERTY EXEMPT FROM TAXATION. CH. 59, General Laws. Section 5. Certain Property and Polls Exempted. Forty-first B. Real property .. . . . of a person who has reached his seventieth birthday . ) After a brief explanation by Mr. Sacco, the motion was declared adopted by voice vote. 8:17 P.M. Article 5. Presented by John F. McLaughlin. ACCEPT AUTOMATIC SPRINKLER LAW MOTION: That the Town accept Section 26G of Chapter 148 of the General Laws. 8:17 P.M. (Chapter 148, Section 26G. AUTOMATIC SPRINKLER SYSTEMS; REQUIRED INSTALLATION; EXCEPTIONS; ALTERNATIVE FIRE SUPPRESSANT SYSTEMS.) After a short discussion, the motion was declared adopted by voice vote. 8:26 P.M. Article 6. Presented by Robert F. Sacco. DISSOLVING COMMITTEES MOTION: That the following committees be dissolved: a. Regional Refuse Disposal Planning Committee established under Article 82 of the warrant for the 1967 Annual Town Meeting; b. Committee to study the General By-Laws of the Town established under Article 4 of the warrant for the 1981 Annual Town Meeting; c. Civil Defense Plan Study Committee established under Article 39 of the warrant for the 1982 Annual Town Meeting; Adopted unanimously. 8:27 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 2 91 Article 7. Presented by Margery M. Battin. CONVEY GARRITY HOUSE MOTION: That the Selectmen be and they hereby are authorized (a) to enter into an agreement with Roger and Jane Trudeau for the (See sale, with preservation restrictions, of the buildings known as Page the Garrity House and the Carriage House located in Buckman Park 322 to be used for private residential use in consideration of $30,000 for and on such other terms as the Selectmen shall determine; (b) to adopted enter into a long term lease of a parcel of land in Buckman Park on motion. ) which the foregoing buildings are located containing approximately 15,500 square feet; (c) to grant or delegate administrative super- vision under any such agreement and preservation restrictions to an individual or committee that they may choose, including the Historic Districts Commission; and (d) to petition the General Court for an act to permit such lease and conveyance. 8:29 P.M. In her explanation of this motion, Mrs. Battin stated that the Board of Selectmen unanimously support the present proposal. 8:31 P.M. Anne Grady, Chairman of the Garrity House Committee, was recognized and elaborated on the proposal, introducing Norman Trudeau whose proposal has been recommended by the committee. Mr. Trudeau proposes purchase of the buildings for $30,000 and lease of approximately 15,500 square feet of land in Buckman Park for 99 years at $1.00 per year. A member of the Garrity House Committee will serve as Clerk of the Works to inspect the work on a regular basis. 8:35 P.M. John F. Downey, Jr. spoke in opposition. 8:38 P.M. In response to a question raised by William T. Spencer, Mrs. Grady answered that the path that ran at the back of the property to the Visitor's Center would be re-routed. 8:38 P.M. George A. Burnell voiced concern about the 99 year commitment. 8:40 P.M. Motion, as presented by Mrs. Battin, declared adopted by voice vote. 8:40 P.M. George A. Burnell served notice of reconsideration of Article 7. (See Pg. 322) 8:41 P.M. Margery M. Battin moved reconsideration of Article 7. 8:42 P.M. Mrs. Battin explained that it was necessary to act/nthis article as soon as possible so that it could be sent to the legislature: A whole building season could be lost if this motion is not adopted now. 8:42 P.M. Responding to a question raised by John F. Downey, Jr. as he voiced his opposition to the motion to reconsider Article 7, the Moderator stated that there wasn't anything in the __rules restricting who could offer or when they could offer a motion to reconsider but it had been the practice to let the person who served notice of reconsideration move the reconsideration. 8:43 P.M. Arthur C. Smith moved that the motion to reconsider Article 7 be postponed to Monday, April 9, 1984. Mr. Smith's motion was declared adopted by voice vote. 8:48 P.M. GA h (]V (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Margery M. Battin moved that Articles 8 and 11 be taken up together. Adopted unanimously. 8:49 P.M. The Moderator ruled that Articles 8 and 11 would be discussed together but would be voted separately. 8:49 P.M. (Article 9. See Page 294) (Article 10. See Page 385) AUTHORIZE SPECIAL LEGISLATION TO Article 8. Presented by Margery M. Battin. AMEND SELECTMEN-TOWN MANAGER ACT MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 753 of the Acts of 1968 as amended, the Selectmen-Town Manager Act, in accord- (See ance with the "Proposed Amendments to Selectmen-Town Manager Act" Pages 324 dated March 28, 1984 as amended dated April 3, 1984 as filed with thru 328. the Town Clerk. Adopted (PROPOSED AMENDMENTS TO SELECTMEN-TOWN MANAGER ACT as filed with motion New language is underscored. Town Clerk. on Page 327 & Section 2 (e) . The town manager shall appoint a town clerk, a 328. ) town treasurer, a tax collector, a permanent building committee, a recreation committee, a board of assessors, constables, a chief of police, a fire chief, a director of civil defense, a planning director, with the approval of the planning board, a director of public works, a building commissioner, a cemetery superintendent and, except as provided in subparagraphs (a) , (b) , (c) and (d) , all other officers, boards, committees, commissions and employees of the town with the exception of the elected officials specified in section one and secretarial assistants to the selectmen, employees of the school department and the housing authority and professional and semiprofessional employees of the library. Section 3. Memberships, Terms, Powers, Duties and Responsibilities. --The number of members of boards, committees and commissions appointed as provided in the preceding section, the length of the term of each member thereof and of officials and employees so appointed, and the powers, duties and responsibilities of the same shall be as now or hereafter provided by any applicable law, by- law or vote of the town except as herein otherwise provided. The board of fire commissioners shall be abolished, and its powers, duties and responsibilities shall be assumed by and devolve upon the fire chief, except those which are herein conferred upon the town manager. . . . Section 5. Appointment of a Town Manager.--The selectmen shall appoint, as soon as practicable, for a term not to exceed three years, a town manager, who shall be a professionally qualified person of proven ability who has had substantial involvement with municipal government and is appropriately fitted by education, training, and by previous full-time paid experience in a respon- sible administrative position to perform the duties of the office. . . . The town manager shall not hold any elective office nor engage in any other business or occupation during his term except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen. Section 7. Removal of the Manager.--The selectmen may remove the -` town manager by an affirmative vote of at least a majority of the full membership of the board. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for his proposed removal. The town clerk shall forthwith deliver a copy of such resolution to the town manager or mail the same to him by registered mail at his last known address. The manager may file with the selectmen, within seven days after receipt of such copy, a written request for a public hearing as to the reasons for his removal. If the manager so requests, the board of selectmen shall hold a public hearing not earlier than ten days nor later than twenty days after the filing of such request. . . . (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 29:3 Article 8. (PROPOSED AMENDMENZS_T_O SELECTMEN-TOWN MANAGER ACT as filed with (Cont. ) Town Clerk (Cont.) Section 12. Estimate of Capital Expenditures.--All boards, depart- ments, committees, commissions and officers of the town shall annually, at the request of the town manager, submit to him and to the capital expenditures committee in writing a detailed estimate of the capital expenditures as defined by by-law required for the efficient and proper conduct of their respective departments and offices for the next fiscal year and the ensuing four year period. The town manager shall submit in writing to the board of selectmen .-, and to the capital expenditures committee a careful, detailed estimate of the recommended capital expenditures for the aforesaid periods, showing specifically the amount necessary to be provided for each office, department and activity and a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town. The selectmen shall consider the capital budget submitted by the town manager and make such recommenda- tions relative thereto as they deem appropriate and proper in the interests of the town. The selectmen shall transmit a copy of the capital budget together with their recommendations relative thereto to the appropriation committee and to the capital expenditures committee. The calendar dates on or before which capital expenditure estimates and the capital budget are to be submitted and transmitted shall be specified by by-law. Section 13. Estimate of Annual Expenditures.--All boards, depart- ments, committees, commissions and officers of the town, except the school committee, shall annually, at the request of the town manager, submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal year. The school committee shall submit to the manager, at his request, a total budget estimate for the next fiscal year. The town manager shall submit to each member of the board of selectmen in writing an annual budget, which shall contain a careful, detailed estimate of the probable expenditures of the town for the ensuing fiscal year, including a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town, and showing specifically the amount necessary to be provided for each office, department and activity, together with a statement of the expendi- tures for the same purposes in the two preceding years and an estimate of expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the two preceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall also report to the selectmen the probable amount required to be levied and raised by taxation to defray all of the proposed expendi- tures and liabilities of the town, together with an estimate of the tax rate necessary therefor. The selectmen shall consider the proposed budget submitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interest of the town. The selectmen shall transmit a copy of the budget together with their recommndations relative thereto to the appropriation committee and, for its informa- tion, a copy to the capital expenditues committee. The calendar dates on or before which the budget, revenue state- ment and tax rate estimate are to be submitted and transmitted shall be specified by by-law. ) 8:49 P.M. (See Pages 324-328. Adopted motion on Page 328. ) Article 9. (See Page 294.) Article 10. (See Page 385.) 294 (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 11. (Being brought up together with Article 8. See vote on Page 292.) Presented by Margery M. Battin. BY-LAWS REVISION MOTION: That Article XXIV of the General By-Laws of the Town of Lexington be amended by adding a new Section 2 thereto as set forth in the "Proposed Amendments To General By-Laws" dated March 29, 1984 as amended dated April 4, 1984 as filed with the Town Clerk and by renumbering Section 2 and 3 thereof to 3 and 4 respectively. 8:50 P.M. (Referred (PROPOSED AMENDMENTS TO GENERAL BY-LAWS as filed with the Town , back to Clerk. Selectmen - See Page (No change in Article III,, Section 2.) 329.) Article XXIV, (new) Section 2. Annual estimates of capital expenditures shall be submitted in writing to the Town Manager on or before September 15 of each year. The Town Manager shall submit to the Board of Selectmen and to the Capital Expenditures Committee an estimate of recommended capital expenditures for the next fiscal year and the ensuing four year period on or before November 15 of each year. The Board of Selectmen shall transmit a copy of the capital budget with their recommendations relative thereto to the Appropriation Committee and to the Capital Expenditures Committee on or before December 15 of each year. The Town Manager shall submit to each member of the Board of Selectmen an annual budget, revenue statement and tax rate estimate on or before January 15 of each year. The Board of Selectmen shall transmit a copy of the budget with recommendations relative thereto to the Appropriation Committee and to the Capital Expenditures Committee on or before February 15 of each year. A copy of the warrant containing articles to be considered and acted upon at the annual town meeting, other than articles for election of town officers and town meeting members, shall be sent by mail, postage prepaid, addressed to each town meeting member not less than twenty-one days before the time stated in the warrant for holding such meeting. ) (Renumber Sections 2 and 3 of Article XXIV as Sections 3 and 4 respectively. ) Dan H. Fenn, Jr. stated that Homer Hagedorn, Chairman of the Selectmen-Town Manager Act Review Committee who had worked so closely on these changes, is out of town on business this week. Mr. Fenn therefore moved that action on Articles 8 and 11 be postponed to Monday next (April 9, 1984) . 8:50 P.M. Thomas E. Fortmann felt that if Articles 8 and 11 were postponed to April 9, 1984 that it would mean that they would come up in the middle of the zoning articles. He suggested that Mr. Fenn change his motion so that Articles 8 and 11 would be postponed until after action on Article 17. 8:52 P.M. Mr. Fenn stated that he did not have any objections to this change and changed his motion accordingly. Mr. Fenn' s motion to postpone action on Articles 8 and 11 until after Article 17 was declared adopted by voice vote. 8:52 P.M. (See Pages 324 - 329) Article 9. Presented by John F. McLaughlin. POOR FARM MOTION: That the Selectmen be and they hereby are authorized to transfer to the Housing Authority lot 6 of the so-called Poor Farm for $1. 00 and on such other terms as the Selectmen shall determine. Adopted unanimously. 8:55 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984. ) (1;). Article 10. John F. McLaughlin moved that Article 10 be placed on the table. Adopted unanimously. 8:55 P.M. (See Page 385) Article 11. (See Pages 292, 294, 324 - 329) Article 12. Presented by John F. McLaughlin. BY-LAW AMENDMENT - HEALTH FEES MOTION: That Article XXIV of the General By-Laws of the Town of Lexington be amended by adding a new Section 5 thereto as set forth in the article. 8:56 P.M. (Article 12 as set forth in the article: To see if the Town will vote to amend Article XXIV of the General By-Laws of the Town of Lexington by adding a new Section 4 thereto as follows: Section 4. The fees of the Board of Health for the following licenses shall be as listed: Recreational Camps and Motels $50.00 Pasteurization of Milk 40.00 Sale of Milk 10.00 Methyl Alcohol 5.00 or act in any other manner in relation thereto. ) Main motion declared adopted unanimously. 8:57 P.M. (As (Motion as adopted: adopted) MOTION: That Article XXIV of the General By-Laws of the Town of (Approved Lexington be amended by adding a new Section 5 thereto as set forth by Atty. in the article. Gen. , Sept. 21, Article 12 as set forth in the article: 1984. Advertised To amend Article .XXIV of the General By-Laws of the Town of in Lex. Lexington by adding a new Section 4 thereto as follows: Min. Man. Oct. 4 & Section 4. The fees of the Board of Health for the following 11, 1984) licenses shall be as listed: Recreational Camps and Motels $50.00 Pasteurization of Milk 40. 00 Sale of Milk 10. 00 Methyl Alcohol 5.00 Adopted unanimously. 8:57 P.M. ) BY-LAW AMENDMENT - VISIBILITY AT Article 13. Presented by Margery M. Battin. INTERSECTIONS MOTION: That Article XXV of the General By-Laws of the Town of (See Lexington be amended by adding a new Section29 thereto as follows: L-. Page 366) Section 29. In the interest of public safety, no person owning, possessing or having under control any land abutting any inter- section of streets, shall erect, place, plant or permit to remain or be maintained anything in such a manner that it shall materially impede the vision of operators of motor vehicles between a height of two and one-half (21/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street 29 6 (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 13. lines of said land and a line joining points thirty (30) feet along (Cont. ) said street lines from the point of intersection of said street lines. This provision is intended to apply primarily to major traffic routes and intersections but may be enforced whenever a significant traffic hazard has been shown to exist. 8:59 P.M. Mrs. Battin gave a short explanation of the article. 9:02 P.M. Walter Tonaszuck, Director of Public Works, responded to a question raised at the information meeting in reference to property ad- jacent to state highways and private ways. On advice of Town Counsel, Mr. Tonaszuck stated that this by-law would be applicable to both state highways and private ways. 9:03 P.M. Questions were raised regarding walls, fences, buildings, shrubs etc. and who would pay for the removal of the object in violation. Mrs. Battin said that they did not intend to touch stone walls, hills etc.. that had not been placed there by the property owner. She added that any expense involved for any removal would be at the expense of the owner and not the town. 9:05 P.M. Julian J. Bussgang voiced his concern about the word "anything". Mrs. Battin replied that she would hope that any Board of Selectmen would use their discretion. She added that any judgment would be made on the basis of public safety. 9:09 P.M. Frank Sandy moved that this article be referred back to the Board of Selectmen and to be brought back to another session of this town meeting. 9:11 P.M. At the request of Margaret F. Rawls, Frank Sandy withdrew his motion to refer back to the Selectmen. 9:12 P.M. (Pending Margaret F. Rawls moved to amend: to delete the word "anything" amendment) and replace with "any vegetation, fence or sign". 9:12 P.M. Mrs. Battin stated that the Board of Selectmen unanimously supported this amendment. 9:13 P.M. Ephraim Weiss moved to postpone this article, with the pending amendment, to refer back to the Board of Selectmen and to resubmit to a later session of this town meeting. After general discussion, this motion to postpone was declared adopted by voice vote. 9:23 P.M. (See Page 366) Article 14. ZONING BY-LAW, COMPREHENSIVE REVISION, PARKING REQUIREMENTS Karsten Sorensen moved that the Report of the Planning Board on Article 14 be accepted and placed on file. Adopted unanimously. 9:25 P.M. Presented by Karsten Sorensen. (See Pgs. MOTION: That the Zoning By-Law be amended as set forth in the motion 298-308 attached to the Planning Board's report and filed with the Town for Clerk. 9:26 P.M. motion as (See Pages 298 thru 308 for motion as attached to the Planning adopted) Board Report, as amended and finally adopted. ) Benjamin H. Golini moved that 11.7.1 - delete the phrase "and where there are not more than four parking spaces serving such dwelling. " Mr. Golini's motion to amend was declared adopted by voice vote. 9:40 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 297 Article 14. Margery M. Battin stated that a majority of the Board of Selectmen (Cont. ) supported Article 14. 9:40 P.M. Earl F. Baldwin, Jr. moved to amend Article 14, Section 11.3.1 by inserting after the words otherwise indicated - For new buildings constructed and shall not apply to existing buildings, unless the use of the existing buildings shall change by more than 50% of its net floor area. 9:48 P.M. Karsten Sorensen asked for a recess at 9:49 P.M. The meeting was reconvened at 9:53 P.M. Robert Domnitz, a resident of Precinct 6, _a property owner, both residential and commercial in the town, spoke from the balcony in favor of Article 14. 10:05 P.M. Mr. Baldwin, with no objections from the meeting, withdrew his motion to amend. 10:06 P.M. George S. Silverman moved that 11.3, Sub. 2), d - the words "Church, Temple" be stricken therefrom. That the following subsection be added 11.3 2) j. Church, Temple No restriction. 10:07 P.M. Mr. Silverman' s motion to amend was declared lost by voice vote. 10:11 P.M. Patricia K. Hagedorn moved to delete section 11.6.1 in its entirety. 10:12 P.M. Voice vote on Mrs. Hagedorn's motion to amend was doubted by the Moderator so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 Nancy L. Barter 2 2 11 Karen A. Dooks 6 3 8 Marian C. Reilly 9 4 4 Peter C. J. Kelley 9 5 8 Julie F. Triessl 7 6 6 John S. Willson 14 7 5 Winifred L. L. Friedman 12 8 9 Benjamin H. Golini 9 9 6 L. Gail Colwell 14 At Large 16 John R. Campbell 11 Totals 87 93 Mrs. Hagedorn' s motion to amend does not prevail. 10: 23 P.M. Earl F. Baldwin, Jr. moved to amend Article 14, 11. 3. 3. Delete the entire section and insert the following: The number of off street loading bays in any zone shall be provided as is reasonably sufficient as determined by the building commissioner. 10: 25 P.M. Mr. Baldwin's motion to amend was declared lost by voice vote. 10:27 P.M. 298 (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984. ) Article 14. Voice vote on main motion, as amended by Mr. Golini, was not unani- (Cont.) mous, so a standing vote was taken as follows: Precinct In Favor Tellers Abstain Opposed 1 14 Nancy L. Barter 1 0 2 13 Karen A. Dooks 2 3 17 Marian C. Reilly 0 4 13 Peter C. J. Kelley 0 5 14 Julie F. Triessl 1 6 19 John S. Willson 1 7 17 Winifred L. L. Friedman 0 8 18 Benjamin H. Golini 0 9 18 L. Gail Colwell 2 At Large 18 John R. Campbell 3 Totals 161 1 9 Main motion, as amended by Mr. Galini, declared adopted. 10:30 P.M. (Main motion, as amended, as adopted: (As MOTION: That the Zoning By-Law be amended as follows: adopted) a. by deleting sub-section 9.8 PARKING AND LOADING REGULATIONS in its entirety; (Approved b. by adding a new SECTION 11. OFF-STREET PARKING AND LOADING, as by Atty. follows: General, Sept. 18, 11.1 OBJECTIVES, APPLICABILITY 1984. Posted 11. 1.1 Any use of land involving the arrival, departure, or storage in Town of motor vehicles, and all structures and uses requiring the delivery Office or shipment of goods as part of their function, shall be designed Building and operated to: & nine precincts a. promote traffic safety by assuring adequate places for on Sept. storing of motor vehicles off the street, and for their 26, 1984) orderly access and egress to and from the public street; b. increase the traffic-carrying capacity of streets and high- ways in the town and obtain a more efficient utilization of on-street curbside parking; c. reduce hazards to pedestrians upon public sidewalks; d. protect adjoining lots and the general public from nuisances and hazards such as: 1) noise, glare of headlights, dust and fumes, resulting from the operation of motor vehicles, 2) glare and heat from parking lots, 3) a lack of visual relief from expanses of paving, 4) accelerated run-off of surface water from land covered by impervious materials. 11.1. 2 No building permit or certificate of occupancy shall be issued for the erection of a new building, the enlargement of an existing building, the development of a use not located in a building, or the change from one type of use to another (see 11. 3.1 or 11. 3. 3) , unless off-street parking spaces or loading bays are provided in accordance with this section. 11. 1. 3 EXISTING PARKING SPACES, LOADING BAYS, NON-CONFORMITY Any off-street parking spaces or loading bays in existence on the effective date of this by-law or thereafter established, which serve a building or use, may not be reduced in number, or changed in location or design contrary to the requirements of this section so as to increase the degree of nonconformity with the requirements of this section. If the use of an existing structure or lot, which does not have sufficient parking or loading, is changed to a different type of use for which a greater number of parking spaces or loading bays is required as set forth in sub-section 11. 3, the net increase in the number of parking spaces or loading bays shall be provided, which number shall not include any existing parking spaces or loading bays. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 299' Article 14. (Main motion as amended, as adopted: (Cont.) Parking spaces or loading bays in existence on the effective date of this By-Law, which exceed the number required by sub-section 11. 3 to serve existing uses, and comply with the design standards of sub- section 11.7_2 (dimensions) , 11. 7.4, 11. 7. 7 (surfacing) and 11.7.8, may be counted toward the number needed for a new building, the enlargement of an existing building or the change from one type of (As use to another even though they do not conform to the requirements adopted) of sub-sections 11.6. 2 (setbacks) , 11.6. 7c (access for a parking lot) , 11. 7.6b (snow storage) and 11. 7.9 (landscaping) , provided r—. they comply to the extent practicable. 11.1.4 BUILDING DESTROYED, DAMAGED OR DEMOLISHED If a building, for which sufficient off-street parking or loading is not provided, is destroyed, damaged or demolished by the owner, the building may be reconstructed or replaced, without providing additional parking spaces or loading bays provided the new use is the same type of use (see 11. 3.1 or 11.3. 3) as the use before the destruction, damage, or demolition, or is a type of use that requires the same or fewer parking spaces or loading bays, If parking spaces or loading bays were provided before the destruction, damage or demolition, the same number of spaces or bays shall be provided. If the new use is a different type of use, for which a greater number of parking spaces or loading bays is required, or if more net floor area is to be constructed than previously existed, full compliance with this section for the entire building shall be a condition of the issuance of any building permit for the re- construction or replacement of the building. 11. 2 PARKING, LOADING PLAN REQUIRED 11. 2.1 Each application for a special permit with site plan review or, where needed, for a building permit, special permit or certifi- cate of occupancy, shall be accompanied by an off-street parking and loading plan showing: a. the number, location, elevation and dimensions of all drive- ways, maneuvering spaces or aisles, parking spaces, and loading bays, b. the location, size and type of materials for surface paving, drainage facilities, curbing or wheel stops, trees, screening and lighting, c. the location of all buildings., lot lines and zoning boundary lines from which the parking lot or loading area must be set back, d. a summary schedule showing the amount of floor space, or other parking or loading factor to be met, the number of standard, compact and handicapped parking spaces and the number of loading bays. Such plan shall be a drawing at a scale of 1" = 20' or 1" = 40' or at such other scale as the building commissioner may approve. Where necessary, the building commissioner may require that the owner or operator of a use, building, or establishment furnish a statement as to the number of employees working at the lot or establishment, .� or the number of motor vehicle trips (by type of motor vehicle) that are made to and from the use, building or establishment. 11.3 NUMBER OF PARKING SPACES, LOADING BAYS 11.3.1 The number of parking spaces indicated for the correspond- ing types of uses shall be provided in all zoning districts, except as otherwise indicated. The symbols under the column parking factor shall mean: s.f. : square feet of net floor area. 3 0`® (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 14. 11.3.1 (Cont.) (Cont. ) TYPE OF USE PARKING FACTOR (Minimum Number of Parking Spaces to be Provided) (As 1) Residential Uses: adopted) a. Dwelling unit in one family 2/dwelling unit detached structure b. Dwelling unit in: two family, 1.5/dwelling unit for attached one family, multi-family units with 2 or fewer structure bedrooms, 2/dwelling unit for "� units with more than 2 bedrooms c. Accessory apartment, rooming unit 1/apartment or unit d. Publicly assisted housing for the 0.5/dwelling unit elderly e. Congregate living facility 1 for each 2 bedrooms plus 1/employee f. Nursing home, sanitarium 1 for each 4 beds plus 1/employee 2) Institutional, Educational & Recreational Uses a. Elementary, secondary schools 2/classroom b. College, technical school As needed c. Dormitory 0.5 per bed d. Church, temple, auditorium, club, 1 per each 10 seats in lodge, community center the largest assembly area e. Gymnasium, stadium, field house 1 per each 6 seats f. Public library, art gallery, museum 1 per each 600 s.f. of and other non-recreational public floor area open to the facilities public g. Parks, athletic fields, tennis and As needed pool facilities, golf courses, recreation centers, related uses h. Hospital 1 per employee plus 1 per bed i. Medical office, out-patient clinic 1 per 200 s.f. 3) Agricultural Uses a. Greenhouses, nursery, roadside stand 1 per 1,000 s.f. of display area whether indoors or outdoors 4) Office Uses 1/250 s.f. 5) Retail Business a. Retail uses, and consumer service 1/250 s.f. on street establishments (See Table 1, level floors, Section 6.0 except as otherwise 1/500 s.f. in a cellar classified) 1/300 s.f. on all other floors 6) Other Commercial Uses a. Funeral parlor 1 per 4 seats in the largest assembly area b. Barber shop, hairdresser 1.5 per chair c. Automotive service garage 2 per bay 7) Eating Establishments ...r. a. Restaurant 1 per employee plus 1 per 4 seats b. Take out, fast food service 1 per employee plus 1 per 5 linear feet of counter space 8) Amusements, Recreation a. Theater, other public assembly 1 per 6 seats b. Commercial amusements 1 per employee plus 1 per alley, machine (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 0 01 Article 14. 11.3.1 (Cont. ) (Cont. ) TYPE OF USE PARKING FACTOR 9) Transient Accomodations (As a. Hotel, motel 1 per guest room adopted) b. Convention center 1 per 4 seats in the largest assembly area 10) Manufacturing, Research, 1 per 500 s.f. Industrial Uses 11) Warehouse, Wholesale Uses 1 per 1,000 s.f. 12) All Other Permitted Uses As needed, usually 1 per employee Any permitted use listed in 2) through No requirement 12) above, located in a CB district 11.3.2 RULES FOR INTERPRETATION OF SECTIONS 11.3.1 and 11.3.3 a. Where the number of spaces is expressed as a ratio to dwelling units, floor area, beds, employees, etc. , any fraction thereof shall require one parking space but after the first such parking space or loading bay, only a fraction of one half or greater shall require an addi- tional space or bay. b. Where the requirement is stated "as needed," the appli- cant for a permit shall estimate the number of parking spaces or loading bays required to serve the use and shall provide such number; the building commissioner shall verify that the number is adequate and shall, if necessary, order that additional spaces or bays be provided. c. To simplify the determination of net floor area, 80 per cent of the gross floor area may be used. d. Where off-street parking or loading serves two or more activities that are different types of uses, including two or more activities that are part of the same principal use, the number of spaces or bays provided shall be the sum of the requirements for the various individual uses computed separately. Parking spaces or loading bays for one activity or use shall not be considered to be providing the required parking or loading bays for any other use, except as provided in Paragraph 11.8.e. e. Where the requirement is based on the number of employees, the number of spaces shall be based on the number of employees in the peak period, which shall be at least 3 hours per day for at least 3 days per week. f. Where fixed seats are not used in a place of assembly, each 40 square feet of floor area in the largest assembly area shall equal one seat. g. Where uses are of the open air type and are not en- closed in a structure, each square foot of lot devoted to such use shall be considered to be equivalent to one fifth of a square foot of net floor area. 11.3.3 The number of off-street loading bays indicated for the corresponding types of uses shall be provided in all zoning districts except as otherwise indicated. The symbols under the column loading factor shall mean: s.f. : square feet of net floor area 3 (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 14. 11.3.3 (Cont. ) (Cont. ) TYPE OF USE LOADING FACTOR Minimum number of loading bays to be provided: (As 1) Residential Uses adopted) a. Nursing home, sanitarium 1 per 100 beds 2) Institutional Uses School, college, church, club, 1 per first 25,000 s.f. , 1 library, gallery per each additional 75,000 s.f. 3) Office Uses 0 for first 10,000 s.f. 1 for next additional 50,000 s.f. 1 for each additional 100,000 thereafter 4) Retail Business 1 per first 5,000 s.f. 1 per each additional 15,000 s.f. 5) Restaurants 1 per first 99 seats, 1 per all additional seats 6) Manufacturing, research, 1 per first 10,000 s.f. , 1 -per industrial uses each additional 40,000 s.f. 7) All other permitted uses As needed 11.3.4 Required off-street parking spaces or loading bays which, after development, are later dedicated to and accepted by the Town and are maintained by the Town for off-street parking or loading purposes, shall be deemed to continue to serve the uses or structures for which they were originally provided. 11.3.5 PARKING SPACES FOR HANDICAPPED PERSONS Specially designated parking spaces for the physically handicapped shall be provided, as follows: Total Number of Spaces Spaces for Handicapped 10-25 1 space 26-40 5% of the total spaces but not less than 2 41-100 4% of the total spaces but not less than 3 101-200 3% of the total spaces but not less than 4 301-500 2% of the total spaces but not less than 6 501-1,000 1.5% of the total spaces but not less than 10 1,000-2,000 0.75% of the total spaces but not less than 20 Spaces for the handicapped shall be clearly identified by a sign in- dicating those spaces are reserved for physically handicapped per- sons. Such spaces shall be located in that portion of the parking lot nearest to the entrances to the use or structure which the parking lot serves. 11.4 PARKING, LOADING TERMINOLOGY The following terms relative to off-street parking and loading are defined in Section 2, Definitions: Driveway, maneuvering aisle, motor vehicle trip, parking lot, unit parking depth. 11.5 LOCATION OF OFF-STREET PARKING, LOADING BAYS 11. 5.1 Required off-street parking spaces and loading bays shall -- be provided on the same lot as the principal or accessory use they are required to serve, except that some parking spaces may be provided on a separate lot as provided in section 11.8. 11.5.2 No area may be utilized and counted as both a required parking space and a required loading bay. However, maneuvering aisles and driveways may serve both required parking and loading bays if they meet the design standards of each. Existing areas used for both parking and loading shall be counted for loading purposes. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 303 Article 14. 11.5.3 Required off-street parking spaces or loading bays may be (Cont. ) wholly or partly enclosed in a structure. 11.5.4 Off-street parking spaces required for two or more buildings, uses, or establishments may be provided in a common lot where it is evident that such facilities will continue to be available for the several buildings, uses, or establishments, and if the Board of Appeals shall grant a special permit therefor in accordance with Section 11.8. (As adopted) 11.6 MINIMUM YARDS FOR PARKING LOTS; SCREENING; DRIVEWAYS 11.6.1 PARKING FOR ONE-FAMILY, TWO-FAMILY DWELLING: On any lot in any district where parking is provided for a one-family or two-family dwelling, and where there are not more than four outdoor parking spaces serving such dwelling, each parking space shall be set back five feet from any side lot line or rear lot line, and shall not be located in that portion of the front yard which lies between the principal building and the street line except in a designated driveway. 11.6. 2 On any lot in any district, for all uses other than a one- family or two family dwelling, all paved parts of all parking spaces, and maneuvering aisles, shall be set back from any wall of a princi- pal building, and from any lot line or zoning boundary line as in- dicated in the following table, and the set-back shall be maintained as a landscaped open area except for: 1) not more than two driveways between the street line and its corresponding set-back line, or 2) a parking space located within a structure otherwid.e permitted in such area. Distance in feet parking space and maneuvering aisle must be set back from: Resi- dential Wall of a '—' district Street All other principal District line line lot lines building RS, RO, RT N.R. 25 8 5 RD, RM N.R. 25 8 5 CR, CO, CH, CM 50* 50 10 5 CG, CB, CN 20* 10 N.R. 5 *No requirement where the residential district line is coterminous with the line of the right-of-way now or formerly of the Boston and Maine Railroad or the right-of-way of State Route 2 or State Route 128. NOTE: Screening (section 11.6.6) is required adjacent to the paved area but not in the required snow storage area and not between a paved area and a building. 11.6.3 No loading bay may be located in that half of the minimum required setback nearest to the street line or lot line of a mini- mum yard required by Table 2, Schedule of Dimensional Controls; maneuvering space for such bay may be as close to a street line or lot line as may be permitted by paragraph 11.6.2 or by the preceding clause. 11.6.4 No parking space or loading bay, whether required or other- wise provided, shall be located, wholly or partly, within the right- of-way of a public street. 11.6.5 All parking lots, loading bays, and drive-in or motor vehicle uses shall be so arranged and designed that the only means of access and egress to and from such lots shall be by driveways meeting the requirements of this section; curbs, wheel stops, screening or similar barriers shall be installed along the setback line for parking and loading, as required by paragraph 11.6.2, to prevent vehicles from being parked or driven within required setback areas or into land- scaped open space areas. 304 (Adjourend Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 14. 11.6.6 TRANSITION AND SCREENING (Cont. ) a. In all residential districts, or on a lot in any other district which abuts or faces a lot in a residential district, any outdoor parking lot containing five or more parking spaces and all loading bays shall be screened in accordance with sub-paragraph c, in a manner to protect abutting lots (As from the glare of headlights, noise and other nuisance adopted) factors. b. Any parking lot which is: 1) a principal use or 2) within any residential district, shall have setbacks computed in , — accordance with paragraph 11.6.2 and shall be screened around the entire perimeter of the parking lot. The entrance to driveways, to the extent practicable, shall be located on the side near non-residential districts or on streets or highways leading to non-residential areas. c. Where screening is required, it shall consist of: (1) A strip of land at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or (2) A wall, barrier, or fence of uniform appearance at least five feet high, above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 per cent of the face is open. Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. d. All artificial lighting used to illuminate specifically any parking space, loading bay, maneuvering space or driveway shall be so arranged that all direct rays from such lighting fall entirely within the parking or loading area and shall be shielded so as not to shine upon abutting properties or streets. The level of illumination of lighting for parking and loading areas shall be low so as to reduce the glow of ambient lighting perceptible at nearby properties or streets. 11.6.7 DRIVEWAYS a. In all districts the number of driveways permitting entrance to and exit from a lot shall be limited to two per street line. Driveways shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching pedestrian and vehicular traffic. b. The width of a driveway for one-way use shall be a minimum of 8 feet and for two-way use shall be a minimum of 18 feet and a maximum of 30 feet, as measured at the setback line. c. Where access or egress is provided for a parking lot (5 or more spaces) , or 1 or more loading bays, such access or egress shall be so arranged to provide a circulation system or maneuvering space on the lot so that all vehicles may exit from and enter onto a public street by being driven in -- a forward direction and no vehicle shall be required to enter or leave by backing and no vehicle shall have to stand within a street right-of-way waiting to enter the lot. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 305 Article 14. 11.7 DESIGN STANDARDS (Cont. ) 11.7.1 EXCEPTION FOR ONE-FAMILY, TWO-FAMILY DWELLING The provisions of paragraph 11.6.7c (backing into a public street) , 11.7.5 (marking of pavement) , 11.7.6c (moving of vehicles) and 11.7.7 (surfacing, drainage) shall not apply where parking is (As provided for any one-family or two-family dwelling. adopted) 11.7.2 DIMENSIONS a. On any lot in any district, parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table and elsewhere in this subsection: Minimum Parking Space and Aisle Dimensions for Parking Lots (in feet) S = standard C = compact H = handicapped ** Width of Depth of Width of Unit Angle of Parking Parking Maneuvering Parking Parking Space Space Aisle Depth S C H S C H S C H S C H 61-90° 9* 8.5* 12* 19 15 19 22 20 22 60 50 60 46-600 9 8.5 12 19 15 19 16 15 16 56 48 56 45° 9 8.5 12 19 15 19 14 13 14 53 47 54 Parallel 8 8 12 22 18 22 12 12 12 n/a *Where one or both of the long sides of a parking space abuts a wall or similar obstruction, the width shall be 12 feet. **Up to 2 feet of unpaved landscaped space may be included in the depth provided there are no obstructions to the vehicle's overhang. b. To be counted as a required parking space, a parallel parking space shall have maneuvering space at least 20 feet deep in front of it in an aisle parallel to and abutting such parking space. c. Where columns of a building or structure are located in a parking lot (such as a parking garage under a building) no part of a column may be within 3 feet of a maneuvering aisle. No parking space in a bay between such columns, or between a column and a wall shall be counted as a required parking space unless the minimum turning radius of the inside rear wheel of the vehicle is at least 15 feet and the minimum turning radius of the extreme outside point (generally the front bumper) is 25 feet. 11.7.3 NUMBER OF COMPACT CAR SPACES In parking lots containing more than 20 spaces, not more than 33% of such spaces may be designed for use by compact cars. Such compact car spaces shall be located in one or more continuous areas, shall not be intermixed with spaces designed for standard cars and shall be clearly designated by signs or pavement marking. In parking lots with 20 or fewer parking spaces, spaces meeting the minimum dimensions for compact carsare not permitted. 11.7.4 LOADING BAYS All required loading bays shall have minimum dimensions as follows: 30 feet long, 12 feet wide and 14 feet high. Each loading bay shall have a maneuvering space equal to its length. Where the long portion of a loading bay abuts a wall, column or other obstacle, or in other cases where the building commissioner requests, evidence shall be provided that the loading bay and its maneuvering space is adequate to accommodate large motor vehicles, and trailers. 11.7.5 MARKING In a parking lot or loading area the surface of the parking lot or loading area shall be painted, marked or otherwise delineated so that the location of the parking spaces and loading bays is apparent. Where 50 per cent or more of the required parking spaces in a parking lot are assigned, such as to individual employees or to dwelling units in an apartment building, parking spaces for guests or visitors to the U (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 14. 11.7. 5 (Cont. ) (Cont. ) use or establishment, not to exceed ten per cent of the required parking spaces, shall be located and designated as visitor parking near the principal entrance to the building which it serves. 11. 7.6 AVAILABILITY, SNOW STORAGE (As To insure the availability and utilization of required parking adopted) spaces and loading bays on a year round basis: a. No fee or other charge to the parker, in addition to a lease or purchase agreement applicable to occupants generally, shall be made for a parking space or loading bay required to serve a use, building, or establishment. b. A strip of land not less than five feet in width shall be provided on at least two sides of a parking lot or loading area and designated on the off-street parking and loading plan for the storage of snow plowed or removed from the surface area of the parking lot or loading area; such snow storage area may not encroach on the area required for off- street parking or loading but may be located in the land- scaped open area or in the area of required setback from a lot line or building. c. Each required off-street parking space and loading bay shall be designed so that any motor vehicle may proceed to and from said space without requiring the moving of any other vehicle or by passing over any other space or bay. d. Parking spaces for vehicles larger than automobiles, such as large trucks or buses, shall be specifically identified on the off-street parking and loading plan and shall be of such dimension as to accommodate the specified type of vehicle. Such vehicles shall be permitted to park only in the spaces so identified and approved. 11.7.7 SURFACING, DRAINAGE All required parking spaces and loading bays, maneuvering aisles, and driveways shall have a durable, dustless, all-weather surface suitable for year-round use, such as asphalt or concrete, and shall dispose of surface water by grading and drainage in such a manner that no surface water shall drain onto any public way or onto any lot in other ownership. It is the intent of this section that the paved surface of a parking lot or loading area shall be limited to such areas as are necessary for the parking spaces, loading bays, maneuvering aisles, and drive- ways required to meet the provisions of this section. The off-street parking and loading plan required by this Section shall demonstrate that all paved areas associated with a parking lot are necessary for the storing, standing, or maneuvering of vehicles; the building commissioner may deny the request for a permit when more area is paved than is necessary to comply with the provisions of this section. 11.7.8 GRADE The maximum grade of any required maneuvering aisle, parking space, or loading bay shall be ten per cent. The maximum grade of any outdoor driveway shall be twelve per cent. 11.7.9 LANDSCAPING a. On at least three sides of the perimeter of an outdoor parking lot containing 20 or more parking spaces, there shall be planted at least one tree for every eight parking --� spaces abutting the perimeter; such trees shall be spaced so that some part of a parking space is not more than 30 feet from a tree. b. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 5 feet in width shall be provided. The landscaped strip may be provided either: 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 307 Article 14. 11.7.9 (Cont. ) (Cont. ) b. (Cont. ) parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces. There shall be planted in each such strip at least three trees and in all such strips not less than one tree (As for every eight parking spaces in the interior part of the adopted) parking lot. Trees shall be spaced so that some part of a parking space is not more than 30 feet from a tree. -- c. Trees required by this section shall be at least 2 inches diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. 11.8 EXCEPTIONS, SPECIAL PERMITS In accordance with Section 3.3, and where consistent with the objectives set forth in 11.1.1, the Board of Appeals may grant a special permit modifying the requirements of this Section in the following cases: a. Where it can be demonstrated that a use or establishment needs a lesser number of parking spaces or loading bays than is required by subsection 11.3, the number of such spaces or bays required may be reduced by not more than 50 per cent. An applicant shall submit documentary evidence that the parking or loading experience of the use justifies a lesser number of spaces or bays. A reserve area, to be maintained as landscaped open space, shall be provided sufficient to accommodate at least one half of the difference between the spaces or bays required and the lesser number provided. The off-street parking and loading plan shall [I- show how the reserve area would be laid out in compliance with this section. The term of a special permit for such reduction initially may not exceed two years, but may be granted subsequently for a longer period upon verification that the parking or loading is adequate. A special permit granted under this authority shall lapse upon change to a different type of use and shall not be considered to constitute any non-conformity. b. Where the design of a parking lot or loading area differs from the design provisions of sub-section 11.6 or 11.7 provided such design complies with the intent of 11.6 or 11.7, is prepared by a professional engineer or landscape architect and provided such design is approved in writing by the Town Engineer. c. To allow a driveway on one lot in a commercial district to lead to parking spaces or loading bays on another lot, or to allow a driveway to straddle the lot line and serve spaces or bays on two or more lots, both in a commercial district, provided a binding agreement, satisfactory in form to the Town Counsel, is executed and is filed in the Registry of Deeds of Middlesex County. d. In any commercial or industrial district, allowing required parking spaces to be located on a separate lot, which may be in separate ownership, within a zoning district in which the principal use is permitted provided: (1) all such parking spaces are within 750 feet walking distance of an entrance to the building which they serve, (2) all such spaces are for employees only and not clientele, and (3) where such lot is not in the same ownership, a lease guaranteeing long term use of such lot, and satisfactory in form to the Town Counsel is executed and filed in the Registry of Deeds of Middlesex County. 339 (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) Article 14. 11.8 (Cont. ) (Cont. ) e. Where two or more activities or uses provide for required parking or loading in a common parking lot or loading area, the number of parking spaces or loading bays required may be reduced below the sum of the spaces or bays required for (As the separate activities or uses or if it can be demonstrated adopted) that the hours, or days, of peak parking or loading need for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking lot or loading bay. c. in Section 2 DEFINITIONS, by deleting the definition PARKING SPACE; and by inserting the following new definitions in Section 2, in the toodemi proper alphabetical sequence: DRIVEWAY: An area on a lot which: is for the passage of motor vehicles (and not for storing or standing of such vehicles except where serving four or fewer parking spaces) , has an all-weather surface, provides access and egress to and from a street and leads to or from a parking space or loading bay (or their related maneuvering aisle) . MANEUVERING AISLE: An area on a lot which: is immediately ad- jacent to one or more parking spaces or loading bays, is necessary for turning, driving or backing a motor vehicle into such parking space or loading bay, but is not used for the parking or standing of motor vehicles. MOTOR VEHICLE TRIP: Use of one motor vehicle by one or more persons which either begins or ends (regardless of the duration of parking or standing) on a lot, or at a use or establishment. PARKING LOT: An area on a lot which includes 5 or more parking spaces and their related maneuvering aisle. Where there are 5 or more parking spaces on a lot, regardless of their location on the lot, all such spaces shall be subject to the standards for parking lots. UNIT PARKING DEPTH: The distance required to accommodate two rows of parking and a common maneuvering aisle. d. by striking paragraphs 5.4.2, 8.1.6, 8.3-2g, and 9.2.3 in their entirety; e. by striking the number 9.8 and substituting the number 11 in place thereof in Table 1, USE REGULATIONS SCHEDULE, in the footnote ** which appears after line 8.15. Adopted: In Favor 161 Opposed 9 Abstained 1 10:30 P.M. See Page 298) Article 15. REZONE TO CG, EAST LEXINGTON, BEDFORD STREET-WORTHEN ROAD Elizabeth G. Flemings moved that the Report of the Planning Board on Article 15 be accepted and placed on file. This motion was declared adopted unanimously. 10:32 P.M. (See Page Presented by Elizabeth G. Flemings. 309 for ~~` adopted MOTION: That the Zoning By-Law be amended as set forth in Article motion. ) 15 of the Warrant insofar as it relates to the change in the district designation only and specifically between the words ". .. .by changing the district designation. . . " and the words ".. .to the railroad right- of-way." That part of the Article printed in the Warrant referring to Table 1, Use Regulations Schedule, is NOT included in this motion. 10:33 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 309 Article 15. Mrs. Flemings gave a short explanation. 10:35 P.M. (Cont. ) Motion as presented by Mrs. Flemings was declared adopted unanimously. 10:35 P.M. (Motion as adopted under Article 15: MOTION: To amend the Zoning By-Law by changing the district (As designation from CB, Central Business, to CG, General Business, of adopted) two existing commercial districts, the first in the vicinity of Worthen Road and Bedford Street, bounded and described as follows: (Approved "A district on the southwesterly side of Bedford Street between by Atty. the northwesterly lot line of premises now number 30 Bedford Street General, and said lot line extended and northwesterly lot line of property Sept. 18, now or formerly owned by Custance Bros. , Inc. , and said lot line 1984. extended and for a depth of 400 feet southwesterly from the south- Posted westerly line of said Bedford Street. in Town Office Said district shall also include adjoining land bounded as follows: Building Easterly by land described in the preceding sentence three hundred & nine forty-two and 93/100 (342.93) feet; southerly by land of Rayco precincts Realty Trust sixteen and 37/100 (16.37) feet; westerly by land now on Sept. or formerly of Whalen three hundred twenty-seven and 40/100 (327.40) 26, feet; and northerly by Worthen Road, sixty-six and 69/100 (66.69) 1984) feet." and "A district on the northeasterly side of Bedford Street between the northeasterly line of said Bedford Street and the westerly side of the railroad right-of-way, extending from the southeasterly lot line of land now or formerly owned by the Christopher S. Ryan Estate to the northwesterly lot line of property now or formerly owned by the Lexington Lumber Corporation." and the second along Massachusetts Avenue in East Lexington near the Arlington town line, bounded as described as follows: "A district on the northwesterly side of Massachusetts Avenue extending northeasterly from the Arlington-Lexington town line to the northwesterly line of the private way leading to the East Lexington Depot and extending northeasterly from Massachusetts Avenue to the railroad right-of-way. " Adopted unanimously. 10:35 P.M. See above) Margery M. Battin moved that this session of town meeting be adjourned to Monday, April 9, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted unanimously. 10:35 P.M. A true copy. Attest: r-- Mary R. McDonough, Town Clerk 310 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING HELD APRIL 9, 1984 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. who immediately recessed the meeting subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 184 Town Meeting Members present. The invocation was offered by Rev. Barbara Marshman, Minister of the Pollen Community Church. 8:09 P.M. The Moderator introduced a group of junior high exchange students from Pueblo, Mexico who are staying with Clarke Junior High School families. They were given an ovation by the meeting. 8:10 P.M. Article 2. Jacquelyn R. Smith, Chairman of the Planning Board, stated that if Article 18 was reached tonight, that she would move that Articles 18 through 23 be tabled. 8:10 P.M. James M. McLaughlin raised a question in regards to Article 15. Jacquelyn R. Smith answered that the uses are the ones in the Use Table for a CG district. 8:12 P.M. Richard A. Michelson said that tables in Article 15 were to be dis- cussed later but never came up for discussion. Planning Board Member Elizabeth G. Flemings answered that there were no changes in the Use Table as that part of the article was dropped. 8:13 P.M. The Moderator stated that Article 2 would remain open throughout the entire meeting. 8:14 P.M. Article 16. ZONING BY-LAW, PARKING, CENTRAL BUSINESS DISTRICT Jacquelyn R. Smith moved that the Report of the Planning Board on Article 16 be accepted and placed on file. Adopted unanimously. 8:15 P.M. Presented by Jacquelyn R. Smith. MOTION: That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board's report on Article 16 and filed with the Town Clerk. (Motion attached to the Planning Board's report as follows: MOTION: That the Zoning By-Law be amended: a. By amending Section 11, Off-Street Parking and Loading, as (As approved by the 1984 Annual Town Meeting in the vote on Article adopted) 14, as follows: (Approved 1) In sub-section 11.3, under the column headed TYPE OF USE, by by Atty. deleting the words "Any permitted use listed in 2) through 12) above, General, located in a CB district," and under the column headed PARKING Sept. 18, FACTOR by deleting the words "no requirement" 1984. Posted 2) In sub-section 11.3, under the column headed PARKING FACTOR, by in Town adding certain words opposite the corresponding lines under the Office column headed TYPE OF USE, so that the entry under PARKING Building FACTOR, as amended, will read: & nine precincts 2)i Medical office, out-patient 1 per 200 s.f. , in CB 1/250 s.f. on Sept. clinic 26, 1984) (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 3 1 1 Article 16. (Motion attached to the Planning Board's report (Cont. ) (Cont. ) 5) Retail Business a. Retail uses and consumer 1/250 s.f. , in CB 1/325 s.f. , on service establishments street level floors (See Table 1, Section 6.0 1/500 s.f., in CB 1/600 in a except as otherwise cellar classified. ) 1/300 s.f. , in CB 1/400 on all other floors (As 6. Other Commercial Uses adopted) b. Barber shop, hairdresser 1.5 per chair; in CB 0.5 per chair 7) Eating Establishments a. Restaurant 1 per employee plus 1 per 4 seats; in CB 1 per 2 employees plus 1 per 6 seats b. Take-out food service 1 per employee plus 1 per 5 linear feet of counter space; in CB 1 per 2 employees plus 1 per 7 linear feet of counter space 8) Amusements, Recreation b. Commercial amusements 1 per employee plus 1 per alley, machine; in CB 1 per employee plus 1 per 2 alleys, machines b. By inserting the following new definitions in Section 2, in the proper alphabetical sequence: "DEVELOPABLE SITE AREA: That part of a lot which remains after subtracting land that is not available and suitable for the construction of a structure or other man-made improvements, subject to Section 7.9. " "FLOOR AREA RATIO (FAR) : The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. " c. By adding a new section, as follows: "7.9 INTENSITY OF DEVELOPMENT 7.9.1 DEVELOPABLE SITE AREA a. The developable site area shall be calculated by sub- tracting from the lot area, all land which is located in: 1) a wetland, which shall mean a "vegetated wetland" as defined in Chapter 131, Section 40, M.G.L., 2) a Wetland Protection zoning district, and 3) another zoning district in which the principal use of the lot is not also permitted. b. To assist in the determination of developable site area, where applicable, each application for a special permit, a special permit with site plan review or a building permit shall be accompanied by: 1) a map of existing site conditions clearly identifying: 2) and a calculation, expressed in square feet of land area, of: located all parts of a lot/in a wetland, a Wetland Protection zoning district, and another zoning district in which the principal use of the lot is not permitted. The map and the calculation shall be certified as to accuracy and shall bear the stamp of a Land Surveyor or Professional Engineer registered in the Common- wealth of Massachusetts. (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) Article 16. (Motion attached to the Planning Board's report (Cont. ) (Cont. ) 7.9.2 MAXIMUM FLOOR AREA, FLOOR AREA RATIO The maximum net floor area on a lot shall not exceed the product of the developable site area and the maximum floor area ratio set forth in Table 2, Schedule of Dimensional Controls, for the district in which the lot is located. To simplify the determination of net floor area, 80 percent of the gross floor area may be used. d. In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by: 1) adding a new line between the line which begins Minimum % Open Area and (As the line that begins Maximum height, as follows: under the column adopted) headed District, the words "Maximum Floor Area Ratio (FAR) , " under the column headed CB "2.0", under the column headed CR no designation, l.e.blank, and under all other columns for the several zoning districts, the designation "NR"; e. By adding a new section as follows: 11.9 PARKING IN CB DISTRICT 11.9.1 It is the intent of this section that a safe and attractive environment for pedestrians be preserved and enhanced in the Lex- ington center business district. Therefore, no new off-street parking space, loading bay or driveway shall be permitted for a depth of 30 feet from the street line of Massachusetts Avenue or of Waltham Street within the center business district. 11.9.2 Required parking spaces may be provided on the same lot, or, if a special permit under Section 11.8 d. is granted by the Board of Appeals, on another lot within the CB zone provided such facility is within 1200 feet walking distance of the entrance of the building which such parking spaces are required to serve. f. by further amending Section 11, Off-Street Parking and Loading, as approved by the 1984 Annual Town Meeting in the vote under Article 14, in Section 11.8 d, by adding a new sentence at the ' end, as follows: In a CB district all such parking spaces may be within 1,200 feet walking distance of the entrance of the such building if located on a lot within the CB district.) Jacquelyn R. Smith, in the course of her explanation of this article, urged support of the motion. 8:24 P.M. Thomas E. Fortmann, with the aid of slides, stated that we have a serious parking problem. 1. Neighborhoods suffer Retail businesses suffer No controls on development - must deal with reality of limited parking 2. Parking Requirements is prerequisite to solution. New parking without controls wont help 3. The by-law is sound and well thought out Years of thought, many hearings Additional study just prolongs the agony Chamber of Commerce confirms numbers 4. We must pass it this year Four new developments are waiting 8:32 P.M. At the request of Richard A. Michelson, John Connery, a consultant with the Chamber of Commerce for the last few months, was recognized as there were no objections from the meeting. Mr. Connery stated that the merchants were very concerned about the parking situation in the center as parking is the lifeblood of the merchants. He listed the following under existing conditions: Building coverage 49% Floor Area Ratio .91 Height Allowance 45' 3 stories Parking requirements None (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 312 Article 16. Mr. Connery lists the Planning Board Proposal: (Cont. ) Building coverage 30% Floor Area Ratio .6 Height 30' 2 stories Parking provided 19 spaces 8:44 P.M. F. David Wells, representing the Chamber of Commerce, gave the Chamber' s views on this article and stated that they urged defeat of the motion and wished instead to have a one year moratorium on building in the center. He added that the Planning Board's proposal is not a realistic one. 8:53 P.M. Michael J. O'Sullivan, quoting a speech of Senator Paul Tsongas, urged consideration of the proposal. 8:57 P.M. Georgis S. Glick filed a petition (copy) signed by approximately 600 residents of Precincts 4, 5 and 6 urging passage of Articles 16 and 17. 9 P.M. In answer to a question raised by Renee T. Cochin, Norman P. Cohen, Town Counsel, stated that in order to have a moratorium, there would have to be a substitute motion and it would have to be in the form of a by-law amendment. 9:01 P.M. Margaret N. Brooke read a brief statement from the Meriam Hill Association strongly supporting the article. 9:06 P.M. Patricia A. Swanson, urging defeat of the motion, said that the town owed the business some support. 9:10 P.M. Mr. Patterson of the Bel Canto Restaurant spoke of his concern of the effect of the amendment and urged support of a one year mora- torium. 9:13 P.M. Patricia K. Hagedorn stated that if the motion is defeated, she will immediately ask for reconsideration and present a motion for a moratorium. 9:15 P.M. Michael W. Golay spoke in favor of the motion. 9:22 P.M. Selectman Paul W. Marshall, stating that he did not have a conflict of interest on this article although he was a landowner in the center, said that if no amendment is offered, he would vote on the article as proposed as that seemed to be the mandate of the people - something must be done. 9:33 P.M. Selectman John F. McLaughlin stated that he very strongly supported the thrust of this article but could support a much more stringent parking proposal for medical offices. 9:35 P.M. Patricia K. Hagedorn moved: That the motion under Article 16 be amended by substituting therefor the following new motion: A. That the Zoning By-Laws be amended by adding a new section 9.9 as follows: 9.9 BUILDING MORATORIUM 9.9.1 General Objectives The general objective of this section is to declare a building moratorium within the CB district. 9.9.2 Moratorium No building permit shall be issued for the erection of a new building or the enlargement of an existing building within the CB district provided however, if a building is destroyed or damaged, the building may be reconstructed. 314 (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) Article 16. Hagedorn amendment (Cont.) (Cont. ) 9.9.3 Effective Date This section shall become effective immediately upon its adoption by Town Meeting and shall remain in full force and effect until the 1985 Annual Town Meeting is dissolved. 9.9.4 Other Sections Where Section 9.9 imposes a greater restriction upon the use of land or the use or erections of buildings in the Town then is imposed by other sections of this By-Law, the provisions of Section 9.9 shall control. B. That Town Meeting vote to appoint and charge a study committee as follows: "` 1. The Committee shall be known as the Committee to Study Lexington Center and shall be comprised of Dr. Eric T. Clarke, Chairman; Jacqui Bateson, Tom Fortmann, Michael Golay, Robert Sacco, Jacquelyn Smith, and Dave Wells. 2. The Committee shall be charged with overseeing: a. the completion of a thorough Parking Accumulation Study funded jointly by the Town and the Chamber of Commerce, examining the area of Massachusetts Avenue from Clarke Street to the Town Complex, extending north of Massa- chusetts Avenue to include Oakland Street and south to include Forest Street. Also to be included for parking supply analysis are the areas south of Massachusetts Avenue to Park Drive including the leased spaces at the Belfry lot; the School Administration lot; the area surrounding the Battlegreen bounded by Bedford Street, Harrington Road, and Massachusetts Avenue; the Church of Our Redeemer parking lot, and the Arts and Crafts lot on Waltham Street b. the inclusion of all commercial properties in the land ' ' use database within the boundaries of Oakland Street and Forest Street and the Minuteman Statue and the School .� Administration Building, as well as such public facilities as the Post Office, Town Hall, Cary Library, and church buildings. c. a thorough review of the present land use data for adjustments, corrections, or additions. 3. The findings of the Committee to study Lexington Center shall be made available to the Planning Board. The Planning Board is requested to integrate this study with existing studies and to develop for action by the 1985 Annual Town Meeting proposed zoning by-laws to control commercial growth while ensuring that the unique character of Lexington Center is maintained and to recommend feasible solutions to present and future parking problems. 9:40 P.M. Mrs. Hagedorn stated that she was presenting this amendment at the request of the Chamber of Commerce. 9:42 P.M. The Moderator stated that debate on this amendment would be limited to ten minutes. Three minutes for each speaker. 9:42 P.M. Jacquelyn R. Smith asked for a recess to study the amendment. The Moderator called a recess at 9:44 P.M. subject to the call of the Chair. The meeting was reconvened at 10:10 P.M. Mrs. Hagedorn withdrew her motion with the unanimous consent of the meeting. 10:11 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 31_5 Article 16. Patricia K. Hagedorn offers a new motion to amend as follows: (Cont. ) MOTION: That the motion under Article 16 be amended by substituting therefor the following motion: A. That the Zoning By-Laws be amended by adding a new section 9.9 as follows: 9.9 BUILDING MORATORIUM 9.9.1 General Objectives In view of the existing traffic, parking and congestion problems in Lexington Center, the general objective of this section is to declare a building moratorium within the CB district for the purpose of establishing a study committee to study, investigate and report on proposed Zoning By-Laws to control commercial growth while ensuring that the unique character of Lexington Center is maintained and to recommend feasible solutions to present and future parking problems. 9.9.2 Moratorium No building permit shall be issued for the erection of a new building or the enlargement of an existing building within the CB district provided however, if a building is destroyed or damaged, the building may be reconstructed. 9.9.3 Effective Date This section shall become effective immediately upon its adoption by Town Meeting and shall remain in full force and effect until the 1985 Annual Town Meeting is dissolved. 9.9.4 Other Sections Where Section 9.9 imposes a greater restriction upon the use of land or the use or erections of buildings in the Town then is imposed by other sections of this By-Law, the provisions of Section 9.9 shall control. B. That Town Meeting vote to appoint and charge a study committee as follows: 1. The Committee shall be known as the Committee to Study Lexington Center and shall be comprised of Dr. Eric T. Clarke, Chairman; Jacqui Bateson, Tom Fortmann, Michael Golay, Robert Sacco, Jacquelyn Smith, and Dave Wells. 2. The Committee shall be charged with overseeing: a. the completion of a thorough professional Parking Accumu- lation Study funded 25% by the Town and 75% by the Chamber of Commerce, examining the area of Massachusetts Avenue from Clarke Street to the Town Complex, extending north of Massachusetts Avenue to include Oakland Street and south to include Forest Street. Also to be included for parking supply analysis are the areas south of Massachusetts Avenue to Park Drive including the leased spaces at the Belfry lot; the School Administration lot; the area surrounding the Battlegreen bounded by Bedford Street, Harrington Road, and Massachusetts Avenue; the Church of Our Redeemer parking lot, and the Arts and Crafts lot on Waltham Street .p� b. the inclusion of all commercial properties in the land use database within the boundaries of Oakland Street and Forest Street and the Minuteman Statue and the School Administration Building, as well as such public facilities as the Post Office, Town Hall, Cary Library, and church buildings. c. a thorough review of the present land use data for ad- justments, corrections, or additions. 3 1 (3 (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) Article 16. Hagedorn amendment (Cont. ) (Cont. ) 3. The findings of the Committee to study Lexington Center shall be made available to the Planning Board. The Planning Board is requested to integrate this study with existing studies and to develop for action by the 1985 Annual Town Meeting proposed zoning by-laws to control commercial growth while ensuring that the unique character of Lexington Center is maintained and to recommend feasible solutions to present and future parking problems. 10:13 P.M. Norman P. Cohen, Town Counsel, stated that Section B and after of Mrs. Hagedorn's amendment is not part of the zoning by-law. 10:14 P.M. Jacquelyn R. Smith, Chairman of the Planning Board, spoke against Mrs. Hagedorn's motion to amend. 10:36 P.M. Mrs. Battin, Chairman of the Board of Selectmen, stated that there is no necessity for a moratorium as the Center Revitalization Committee has done their study. She added that she and Selectman John C. Eddison oppose the amendment and support the main motion. 10:27 P.M. Mrs. Hagedorn's motion to amend was declared lost by voice vote. 10:27 P.M. Richard A. Michelson urged defeat of the main motion. If defeated, he will immediately serve notice of reconsideration and then move for a moratorium again. He added that the Chamber of Commerce wants to financially help the town to get professional aid for the parking study in the center. 10:33 P.M. Donald Olson, Kenneth Schulman, representing the neighborhood along Hancock Street, and Robert Domnitz (all private citizens) spoke in favor of the main motion. 10:39 P.M. Laura F. Nichols moved that the vote, when taken, be taken by a __ roll call vote. 10:40 P.M. John F. McLaughlin moved that in Sub-section 11.3, under the column headed PARKING FACTOR, 5) a. Retail uses change in CB 1/325 s.f. on street level floors to 1/400 s.f. 4 Office uses change for offices in CB from 1/250 s.f. to 1/200 s.f. 2)i. Medical office change for medical offices in CB from outpatient clinic 1/250 s.f. to 1/200 s.f. in CB 10:45 P.M. The Moderator asked for a standing vote for those that wished the vote on the main motion to be taken by a roll call vote: Precinct In Favor Tellers 1 8 Nancy L. Barter 2 1 Karen A. Dooks 3 7 Marian C. Reilly 4 5 Peter C. J. Kelley 5 2 Julie F. Triessl 6 5 John S. Willson 7 6 Winifred L. L. Friedman 8 9 Benjamin H. Golini 9 6 L. Gail Colwell At Large 3 John R. Campbell 52 More than the required 50 having voted in favor, the vote on the main motion will be taken by roll call. 10:47 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 317 Article 16. Winifred L. L. Friedman moved the previous question which was (Cont. ) declared lost by voice vote. 10:51 P.M. James Cataldo doubted the vote on the previous question. 10:52 P.M. The Moderator calls for the vote on the previous question again, doubted the vote and then asked for a standing vote as follows: Precinct In Favor Tellers Opposed 1 15 Nancy L. Barter 3 -- 2 10 Karen A. Dooks 7 3 15 Marian C. Reilly 3 4 12 Peter C. J. Kelley 3 5 5 Julie F. Triessl 6 6 3 John S. Willson 17 7 7 Winifred L. L. Friedman 10 8 10 Benjamin H. Golini 6 9 9 L. Gail Colwell 9 At Large 21 John R. Campbell 4 Totals 107 68 Previous question prevailed. 10:55 P.M. In response to a question raised by Julian J. Bussgang, Town Counsel, Norman P. Cohen ruled that the amendment was within the scope of the article. He added that although section 4 was not specifically in this article, it is mentioned in Article 14. mentioned 10:57 P.M. Mr. McLaughlin's motion to amend was declared lost by voice vote. 10:57 P.M. The roll call vote on the main motion offered by Jacquelyn R. Smith was taken by the Town Clerk, Mary R. McDonough, starting at 10:57 P.M. and completed at 11:07 P.M. The final tally was completed at 11:11 P.M. with the following results: (Final result announced by the Moderator at 11:11 P.M. ) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x Nancy L. Barter x Robert E. Breslin x Sheila Busa-Tassone x James Cataldo x James A. Cataldo x Chang Chih Chao x Sheila Clemon-Karp x David F. Eagle x Nancy C. Gordon x Patricia K. Hagedorn x Ronald Levy x Laurel A. Macauda x John W. Maloney x Barry E. Sampson x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 7 11 0 3 3 1 0 (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) ARTICLE 16. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 (CONT.) (Cont. ) PRECINCT TWO YES NO ABSTAINED ABSENT Elizabeth H. Clarke x Eric T. Clarke x John T. Cunha x Karen A. Dooks Leonora K. Feeney x Casimir R. Groblewski x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x "� Elizabeth H. Pressman x George S. Silverman x Arthur C. Smith John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 12 6 0 3 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C.- Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x Erna S. Greene x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x Paul V. Riff in x Robert I. Rotberg x Francis W. K. Smith x Jacquelyn R. Smith x Richard W. Souza x TOTALS 16 3 0 2 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x William J. Dailey, Jr. x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Daniel L. McCabe x Gale H. Nill x Margaret F. Rawls x (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 3 i 9• Article 16. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 (CONT.) (Cont. ) PRECINCT FOUR (CONT.) YES NO ABSTAINED ABSENT Joseph O. Rooney x Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x (� Martin K. White x I TOTALS 18 3 0 0 PRECINCT FIVE Florence A. Baturin x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Joseph F. Gilbert, Jr. x Paul E. Hamburger x John Orin Hayward x Leona W. Martin x Stephen W. Miller x Paul Newman x Madeline A. Shaughnessy x Edgar R. Stuhr x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss x David G. Williams x Mary Kathryn Wolf x TOTALS 12 3 0 6 T PRECINCT SIX Earl F. Baldwin, Jr. x Margaret N. Brooke x Levi G. Burnell x John F. Downey, Jr. x George E. Foote x Thomas E. Fortmann x Michael W. Golay x Elizabeth C. Haines x Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x — Lisabeth M. White x John S. Willson x TOTALS 17 4 0 0 3 ' 0 (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) Article 16. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICT,F 16 (CONT.) (Cont. ) PRECINCT SEVEN YES NO ABSTAINED ABSENT Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Sally T. Castleman x Renee T. Cochin x Manfred P. Friedman x . Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Martin L. Hagerty x Walter N. Leutz x Mary W. Miley x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Richard B. Wolk x Martha C. Wood x TOTALS 15 5 0 1 PRECINCT EIGHT Richard H. Battin x Roger F. Borghesani x Charles E. Connolly, Jr. x Florence E. Connor x William P. Fitzgerald x �' Elizabeth G. Flemings x Suzanne S. Frank Ione D. Garing x Benjamin H. Golini x William E. Maloney, Jr. x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Susan G. Plumb x Jack Sarmanian x Anne R. Scigliano x Richardson C. Smith x Carolyn H. Tiffany x Stanley E. Toye _ x TOTALS 13 8 0 0 PRECINCT NINE Alice J. Adler x Kenneth 0. Alves x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Louis E. Conrad x Margaret E. Coppe x Anna P. Currin x Neil Gray x Deborah B. Green x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Leo P. McSweeney x (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 324 Article 16. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 (CONT.) (Cont. ) PRECINCT NINE (CONT.) YES NO ABSTAINED ABSENT Janet Perry x Richard M. Perry x Susan J. Ricci x James J. Scanlon x Stanley S. Wallack x r-- TOTALS 16 4 0 1 TOAN MEETING MEMBERS AT LARGE Margery M. Battin x Shepard Anthony Clough x Norman P. Cohen x Lincoln P. Cole, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x John F. McLaughlin x Robert F. Sacco x TOTALS 5 2 2 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS 1 7 11 0 3 21 2 12 6 0 3 21 3 16 3 0 2 21 4 18 3 0 0 21 5 12 3 0 6 21 6 17 4 0 0 21 7 15 5 0 1 21 8 13 8 0 0 21 9 16 4 0 1 21 At Large 5 2 2 1 10 TOTALS 131 49 2 17 199 The Moderator declared that the main motion under Article 16 as offered by Jacquelyn R. Smith was adopted. 11:11 P.M. (See Pages 310-312 for motion as adopted) Richard A. Michelson served notice of reconsideration of Article 16. 11:12 P.M. Patricia K. Hagedorn moved that this meeting be adjourned. 11:12 P.M. The Moderator stated that the motion to reconsider Article 7 was postponed to April 9, 1984 (see Page 291, April 4, 1984 session of this meeting) and therefore some action had to be taken tonight. Margery M. Battin urged passage of the motion to reconsider Article 7 and against motion to adjourn. 11:12 P.M. Mrs. Hagedorn withdrew her motion to adjourn and there were no objections from the meeting. 11:14 P.M. 3 22 (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) Patricia K. Hagedorn moved that the motion to reconsider Article 7 be post- poned to Wednesday next. 11:15 P.M. Mrs. Hagedorn's motion was declared lost by voice vote. 11:16 P.M. George A. Burnell stated that he had no objections to reconsidering Article 7 at this time. 11:17 P.M. Motion to reconsider Article 7 (as offered by Margery M. Battin on April 4, 1984 - see page 291) was declared adopted by voice vote. 11:18 P.M. Article 7. (See Page 291) CONVEY GARRITY HOUSE Margery M. Battin moved that the motion made under this article be amended as follows: that the words "not exceeding 99 years" be inserted in part (b) after the phrase "to enter into a long-term lease . . . " 11:18 P.M. (Part (b) as amended would read as follows: "to enter into a long- term lease not exceeding 99 years of a parcel of land in Buckman Park on which the foregoing buildings are located containing approximately 15,500 square feet;") 11:18 P.M. William J. Dailey, Jr. voiced the approval of the Appropriation Committee. 11:18 P.M. John F. Downey, Jr. urged defeat of the amendment and also on the main motion. 11:19 P.M. Mrs. Battin's motion to amend was declared adopted by voice vote. 11:20 P.M. (Main motion, as amended, as adopted: (As MOTION: That the Selectmen be and they hereby are authorized (a) adopted) to enter into an agreement with Roger and Jane Trudeau for the sale, with preservation restrictions, of the buildings known as the Garrity House and the Carriage House located in Buckman Park to be used for private residential use in consideration of $30,000 and on such other terms as the Selectmen shall determine; (b) to enter into (See a long term lease not exceeding 99 years of a parcel of land in Chapter Buckman Park on which the foregoing buildings are located containing 149, approximately 15,500 square feet; (c) to grant or delegate adminis- Acts of trative supervision under any such agreement and preservation 1984) restrictions to an individual or committee that they may choose, including the Historic Districts Commission; and (d) to petition the General Court for an act to permit such lease and conveyance. Adopted by voice vote. 11:20 P.M. ) Patricia K. Hagedorn moved that this meeting be adjourned to Wednesday, April 11, 1984 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by voice vote. 11:20 P.M. A true copy. Attest: -7)/#24.9/- 4136..eidAeL, Mary R. McDonough, Town Clerk John T. Cunha, 17 Holland Street resigned as a Town Meeting Member from Precinct 2 effective April 11, 1984. As there is no defeated candidate available, there will be a special election on April 25, 1984 at 8 P.M. in Estabrook Hall to fill this vacancy from among the registered voters in Precinct 2. (Seepage 330) A 3x ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING 323 HELD APRIL 11, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:02 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:05 P.M. There were 175 Town Meeting Members present. Invocation offered by Rev. Arthur H. Kolsti, Pastor of the Pilgrim Congregational United Church of Christ. 8:07 P.M. r-- The Moderator called a formal recess at 8:08 P.M. and introduced the sixth t�. graders from Fiske School. These students, members of the Elementary School Music and Drama Class performed "Joseph and His Amazing Technicolor Dreamcoat" and were given a standing ovation at the conclusion. 8:20 P.M. The meeting reconvened at 8:20 P.M. Article 2. Ione D. Garing moved that the Report of the Cary Lecture Committee be accepted and placed on file. Adopted unanimously. 8:20 P.M. Margery M. Battin, Chairman of the Board of Selectmen, stated that in accordance with changes in regulations on General Revenue Sharing the Selectmen and the Town Manager must conduct a budget hearing on the use of Revenue Sharing funds prior to the vote on the budget. This hearing will be held at 7:45 P.M. on Monday, April 30, in Cary Hall. The purpose of this hearing is to provide interested persons with an opportunity to suggest possible alternative uses of such funds. 8:20 P.M. r—; Eric T. Clarke advised the meeting that if Article 24 is reached tonight, he would move that it be tabled in order to give the pro- ponents, Temple, Barker & Sloane, and the P1anbing Board additional time. 8:21 P.M. Arthur C. Smith voiced his displeasure with the cable TV lights in the balcony stating that they were bothersome to him and others. He asked that the Moderator ask for the sense of the meeting on this problem. The voice vote, as asked for by the Moderator, showed that the meeting was almost evenly divided. Some did not seem to care one way or the other. 8:23 P.M. John F. McLaughlin said that the next meeting of the Franklin School Conversion Committee would be held April 24, 1984 at 7:30 P.M. in Estabrook Hall and he extended an invitation to any interested Town Meeting Member. 8:24 P.M. Article 17. ZONING BY-LAW, HEIGHT RESTRICTION, CB DISTRICT Judith J. Uhrig moved that the Report of the Planning Board be accepted and placed on file. (See Adopted unanimously. 8:25 P.M. page 324 for Presented by Judith J. Uhrig. motion as adopted) MOTION: That the Zoning By-Law be amended as set forth in the Warrant under Article 17. 8:25 P.M. YTSMr ¶° 71:=5 (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) 324 Article 17. (Article 17 as set forth in the Warrant: To see if the Town will vote to amend the Zoning By-Law in Table 2, Schedule of Dimensional Controls, under the column headed CB so that Table 2, as amended, will read: District CB Maximum height Stories 2 Schools, Hospitals Public Buildings Feet 30 Maximum height Stories 2 Other Buildings Feet 30 _J{ or to act in any other manner thereto. ) After Mrs. Uhrig made a short presentation, Richard A. Michelson moved for indefinite postponement. This motion was declared lost by voice vote. 8:30 P.M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Nancy L. Barter 7 2 14 Karen A. Dooks 3 3 14 Marian C. Reilly 0 4 12 Peter C. J. Kelley 1 5 13 Julie F. Triessl 1 6 18 John S. Willson 1 7 11 Winifred L. L. Friedman 3 8 12 Benjamin H. Golini 3 9 12 L. Gail Colwell 2 At Large 15 Michael J. O'Sullivan 8 Totals 131 29 More than the required two-thirds having voted in favor, the main motion presented by Mrs. Uhrig was declared adopted. 8:35 P.M. (Main motion presented by Mrs. Uhrig as adopted: (As MOTION: To amend the Zoning By-Law in Table 2, Schedule of adopted) Dimensional Controls, under the column headed CB so that Table 2, as amended, will read: (App roved by Atty. District CB General, Sept. 18, Maximum height Stories 2 1984. Schools, Hospitals Posted Public Buildings Feet 30 in Town Office Maximum height Stories 2 Building Other Buildings Feet 30 & nine precincts Adopted. In Favor: 131 Opposed: 29 (See above) on Sept. 8:35 P.M. 26, 1984) —. The Moderator stated that Articles 8 and 11 would now be taken up together but would be voted on separately. (See Pages 292-294) Article 8. Margery M. Battin read Article 8 as she had presented it at the April 4, 1984 session of this meeting (see Page 292) : (See Pgs. 327 MOTION: That the Selectmen be and they hereby are authorized to & 328 for petition the General Court for an act to amend Chapter 753 of the adopted Acts of 1968 as amended, the Selectmen-Town Manager Act, in accord- motion) ance with the "Proposed Amendments to Selectmen-Town Manager Act" dated March 28, 1984 as amended dated April 3, 1984 as filed with the Town Clerk. 8:37 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) 3625 Article 11. Margery M. Battin read Article 11 as she had presented it at the April 4, 1984 session of this meeting (see Page 294) : MOTION: That Article XXIV of the General By-Laws of the Town of Lexington be amended by adding a new Section 2 thereto as set forth in the "Proposed Amendments To General By-Laws" dated March 29, 1984 as amended dated April 4, 1984 as filed with the Town Clerk and by renumbering Section 2 and 3 thereof to 3 and 4 respectively. 8:37 P.M. [I Articles 8 and 11 (Being discussed together, voted separately. See Page 292) Mrs. Battin briefed the meeting on the amendments and added that the Selectmen will oppose three proposals that she expects will be brought up by Dan if. Fenn, Jr. and Homer Hagedorn. These two gentlemen are members of the Selectmen-Town Manager Act Review Committee. Said committee has made recommendations to the Selectmen but are making further amendments. It is with further amendments that the Selectmen do not agree with these committee members. 8:48 P.M. Mary W. Miley, also a member of the Review Committee, urges support of the Selectmen' s amendments. 8:52 P.M. Article 8. Dan H. Fenn, Jr. said that the Selectmen plan to propose same six changes in the Selectmen-Town Manager Act. He added that these changes are, in part, a response to the the Review Committee's recommendations but that several of the recommendations are not included . Therefore, Fenn presented the following amendments: Section 2 (b) . The Selectmen shall appoint a town comptroller and a town counsel. For the purpose of an annual performance appraisal, the Selectmen shall solicit information describing the performance of these officials from the Town Manager and from the Chairs of the Boards, Committees and Commissions served from time to time by these officials. The Selectmen shall appoint a board of appeals, trustees of public trusts 9:01 P.M. Add at the end of Section 2 (e) the following: In making appoint- ments to boards, committees or commissions or to the staffs of such boards, committees and commissions, the Manager shall solicit the views of the chairs of such groups. 9:02 P.M. Add at the end of Section 9 (c) the following: The Manager shall annually obtain information describing the performance of employees of the Town assigned to citizen volunteer boards, committees and commissions from the chairs of such groups to use in making his performance evaluations. 9:04 P.M. The Moderator stated that the amendments would be discussed together but would be voted on separately. 9:05 P.M. Mrs. Battin said that she felt that the amendment to Section 2 (b) should not be in the charter and added that the Selectmen take strong exception to the amendment regarding citizen boards and staff appointments. She said that the Lexington Selectmen-Town Manager Act, as it now is in effect, serves as a model for other - - towns going to Town Manager form of government. 9:13 P.M. Robert M. Hutchinson, Jr. , Town Manager, spoke highly of the Lexington Act and admitted that it was one of the reasons for applying for the Town Manager position here and not applying in another town in the area because of theweakness of their Town Manager charter. He voiced his opposition to Mr. Fenn's amendments. 9:15 P.M. Frederick C. Frick, John J. McWeeney, John F. McLaughlin and Arthur C. Smith (a member of the Review Committee) all voiced their opposition to Mr. Fenn's amendments while Robert I. Rotberg supported the amendments. 9:34 P.M. V (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) Articles 8 and 11 (Being discussed together, voted separately (See Page 292) (Cont. ) Article 8. Before taking the vote on Mr. Fenri',s amendments, the Moderator reads each of them again. 9:34 P.M. Mr. Fenn's amendment #1 (Sec. 2 (b) .) Lost by voice vote. 9:35 P.M. Mr. Fenn' s amendment #2 (Sec. 2 (e) . ) Lost by voice vote. 9:35 P.M. Mr. Fenn's amendment #3 (Sec. 9(c) .) Lost by voice vote. 9:35 P.M. Mr. Fenn moved to amend by adding at the end of Section 9 (b) the "r following: except that the Town Manager may not consolidate with one another offices, or departments of those officials named in Section 2 (e) , nor abolish their offices, nor cause any of the officials named in Section 2 (e) to report to him other than directly, without the approval of the Selectmen and the town meeting. 9:38 P.M. Homer Hagedorn, Chairman of the Selectman-Town Manager Act Review Committee was recognized and he summarized the work of the committee and urged support of Mr. Fenn's amendment. 9:47 P.M. Mrs. Battin shares with other members of the Board of Selectmen and Personnel Advisory Committee the feeling that this proposal interjects town meeting into the process. She read a letter from the Personnal Advisory Committee unanimously opposing this amendment. 9:51 P.M. Mr. Fenn's amendment #4 (Sec. 9(b) .) Lost by voice vote. 9:56 P.M. Robert I. Rotberg moved that in Section 5, restore the original words "in government" after "administrative position" . 9:57 P.M. r, Mr. Rotberg's motion to amend was declared lost by voice vote. 10:02 P.M. Margaret F. Rawls moved that the proposed Section 13 be amended by inserting in the third sentence after the words, "to each member of the board of selectmen" the words, "and to theappropriation committee and, for its information, to the Capital expenditures committee" -- so that the sentence will read, "The Town Manager shall submit to each member of the board of selectmen and to the appropria- tion Committee and, for its information, to the Capital expenditures Committee in writing an annual budget - - -". 10:04 P.M. Mrs. Rawls motion to amend was declared adopted by voice vote. 10:07 P.M. Frank Sandy questions the last paragraph of the Article 11 amend- ments and requests that the last paragraph be voted on separately. 10:11 P.M. Norman P. Cohen, Town Counsel, advised the meeting that the mailing of the warrant would remain the same. This last paragraph, put in at the request of the former Town Meeting Members Association Chairman, would be for Town Meeting Members. 10:13 P.M. Frank Sandy withdrew his request that the last paragraph be voted on separately. 10:13 P.M. Article 11. Karsten Sorensen moved that the motion under Article 11 be amended by deleting the paragraph starting "A copy of the warrant containing articles " and ending "for holding such meeting. " 10:25 P.M. Mr. Sorensen later withdrew this motion. (See Page 329. ) (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) a' _.-_;.i 327 Articles 8 and 11 (Being discussed together, voted separately. (See Page 292) (Cont.) Article 8. Margery M. Battin stated that she hoped that Article 8 would be adopted and that Article 11 be referred back to the Selectmen. Throughout the discussion, it was emphasized by many, the excellent performance of our present Town Manager, Robert M. Hutchinson, Jr. Main motion under Article 8 as presented by Mrs. Battin and amended by Mrs. Rawls was declared adopted by voice vote. 10:36 P.M. (Main motion as presented by Mrs. Battin under Article 8 and amended by Mrs. Rawls adopted as follows: (See vote above) MOTION: That the Selectmen be and they hereby are authorized to peti- tion the General Court for an act to amend Chapter 753 of the Acts of (As 1968 as amended, the Selectmen-Town Manager Act, in accordance with adopted) the "Proposed Amendments to Selectmen-Town Manager Act" dated March 28, 1984 as amended dated April 3, 1984 as filed with the Town Clerk. Section 2(e) . The town manager shall appoint a town clerk, a town (See treasurer, a tax collector, a permanent building committee, a recreation Chapter committee, a board of assessors, constables, a chief of police, a fire 120, chief, a director of civil defense, a planning director, with the Acts of approval of the planning board, a director of public works, a building 1985.) commissioner, a cemetery superintendent and, except as provided in sub- paragraphs (a) , (b) , (c) and (d) , all other officers, boards, commit- tees, commissions and employees of the town with the exception of the elected officials specified in section one and secretarial assistants to the selectmen, employees of the school department and the housing authority and professional and semiprofessional employees of the library. Section 3. Memberships, Terms, Powers, Duties and Responsibilities.-- The number of members of boards, committees and commissions appointed as provided in the preceding section, the length of the term of each member thereof and of officials and employees so appointed, and the powers, duties and responsibilities of the same shall be as now or hereafter provided by any applicable law, by-law or vote of the town except as herein otherwise provided. The board of fire commissioners shall be abolished, and its powers, duties and responsibilities shall be assumed by and devolve upon the fire chief, except those which are herein conferred upon the town manager. . . . Section 5. Appointment of a Town Manager.--The selectmen shall appoint, as soon as practicable, for a term not to exceed three years, a town manager, who shall be a professionally qualified person of proven ability who has had substantial involvement with municipal government and is appropriately fitted by education, training, and by previous full-time paid experience in a responsible administrative position to perform the duties of the office. . . . The town manager shall not hold any elective office nor engage in any other business or occupa- tion during his term except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen. Section 7. Removal of the Manager.--The selectmen may remove the town manager by an affirmative vote of at least a majority of the full membership of the board. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for his proposed removal. The town clerk shall forthwith �_. deliver a copy of such resolution to the town manager or mail the same to him by registered mail at his last known address. The manager may file with the selectmen, within seven days after receipt of such copy, a written request for a public hearing as to the reasons for his removal. If the manager so requests, the board of selectmen shall hold a public hearing not earlier than ten days nor later than twenty days after the filing of such request. . . . (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) 328 Articles 8 and 11 (Being discussed together, voted separately. (See Page 292) (Cont.) Article 8. (Main motion as presented by Mrs. Battin under Article 8 and amended (Cont.) by Mrs. Rawls adopted as follows: (Cont.) Section 12. Estimate of Capital Expenditures.--All boards, departments, committees, commissions and officers of the town shall annually, at the request of the town manager, submit to him and to the capital expenditures committee in writing a detailed estimate of the capital expenditures as defined by by-law required for the efficient and proper conduct of their respective departments and offices for the next fiscal year and the ensuing four year period. The town manager shall submit in writing to the board of selectmen and to the capital expenditures committee a careful, detailed estimate of the recommended capital expenditures for the aforesaid periods, showing specifically the amount (As necessary to be provided for each office, department and activity adopted) and a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town. The selectmen shall consider the capital budget submitted by the town manager and make such recommendations relative thereto as they deem appropriate and proper in the interest of the town. The selectmen shall transmit a copy of the capital budget together with their recommendations relative thereto to the appropriation committee and to the capital expenditures committee. The calendar dates on or before which capital expenditure estimates and the capital budget are to be submitted and trans- mitted shall be specified by by-law. Section 13. Estimate of Annual Expenditures.--All boards, departments, committees, commissions and officers of the town, except the school committee, shall annually, at the request of the town manager, submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal year. The school committee shall submit to the manager, at his request, a total budget estimate for the next fiscal year. The town manager shall submit to each member of the board of selectmen and to the appropriation committee and, for its information, to the capital expenditures committee in writing an annual budget, which shall contain a careful, detailed estimate of the probable expenditures of the town for the ensuing fiscal year, including a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town, and showing specifically the amount necessary to be provided for each office, department and activity, together with a statement of the expendi- tures for the same purposes in the two preceding years and an estimate of expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the two preceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall also report to the selectmen the probable amount required to be levied and raised by taxation to defray all of the proposed expenditures and liabilities of the town, to- gether with an estimate of the tax rate necessary therefor. The selectmen shall consider the proposed budget submitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interest of the town. The selectmen shall transmit a copy of the budget together with their recommendations relative thereto to the appropriation committee and, for its information, a copy to the capital expendi- tures committee. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and trans- mitted shall be specified by by-law. Adopted by voice vote. 10:36 P.M.) (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.) 399- Articles 8 and 11 (Being discussed together, voted separately. (See Page 292) (Cont. ) Article 11. Karsten Sorensen withdrew his motion to amend Article 11. (Cont. ) (See Page 326.) There were no objections from the meeting. 10:38 P.M. (See Mr. Sorensen then spoke in opposition to Article 11. Page 10:39 P.M. 294 for motion Paul E. Hamburger recommended that we refer Article 11 back to 7 presented the Board of Selectmen. 10:40 P.M. under Article Margery M. Battin said that the Selectmen would welcome referral 11.) of Article 11 and have heard all of the concerns regarding the mailing of the warrant. 10:40 P.M. William T. Spencer moved that Article 11 be referred to the Selectmen for reconsideration to be returned at this or a (Motion _ ' future town meeting. 10:41 P.M. to refer Art. 11 Ronald Levy brought up the idea of changing the date of the to Select- annual town election - having it at a later date. men 10:43 P.M. adopted. ) Mr. Spencer's motion that Article 11 be referred to the Selectmen for reconsideration to be returned at this or a future town meeting was adopted unanimously. 10:43 P.M. Frank Sandy served notice of reconsideration of Article 8. 10:44 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, April 25, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 10:45 P.M. A true copy. Attest: 714,4- 4• , 0 Mary R. McDonough, Town Clerk 330 SPECIAL ELECTION TOWN MEETING MEMBERS - PRECINCT TWO APRIL 25, 1984 A vacancy existed in the membership of Precinct Two Town Meeting Members due to the resignation of John T. Cunha, 17 Holland Street on April 11, 1984. Therefore, a special election for Town Meeting Members of Precinct Two only was held candidate available, it was necessary for the existing members to elect a member from among the registered voters of Precinct Two. There were 18 Town Meeting Members from Precinct Two present. Chairman of the meeting: Barry H. Marshall Clerk of the meeting: Karen A. books The following nominations were made from the floor: Barry H. Marshall nominated: Joan M. Wall 8 Taft Avenue Christina J. Welch nominated: Vicky L. Schwartz 11 Aerial Street George S. Silverman nominated: John R. Holt 736 Massachusetts Avenue Voting was by secret ballot with the following results: Joan M. Wall 6 Vicky L. Schwartz 10 John R. Holt 2 18 Vicky L. Schwartz, 11 Aerial Street was duly elected as a Town Meeting Member in Precinct Two for a term ending in March 1985. /Signed/ Barry H. Marshall, Chairman /Signed/ Karen A. Dooks, Clerk April 25, 1984 I hereby accept a Town Meeting Member position in the Town Meeting Membership of Precinct Two for a term ending in March 1985. /Signed/ Vicky L. Schwartz 11 Aerial Street 331 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING APRIL 25, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 167 Town Meeting Members present. The invocation was offered by Rev. Walter H. Cuenin, Associate Pastor of the Sacred Heart Church and President of the Lexington Clergy. 8:08 P.M. The Moderator declared a formal recess at 8:09 P.M. The "Spirit of ' 76" marched through the meeting to the accompaniment of the fife and drum. As they left the hall, Selectman Robert F. Sacco introduced Sharon and Jim Hayes, sister and brother winners of the 1984 Youth Recognition Award. 8:12 P.M. Bennett E. Sharples, King Lion of the Lions Club, was then recognized and he explained that due to the rain on Patriots Day the annual White Tricorne Hat Award had been postponed to this evening. He then presented the White Tricorne Hat to S. Lawrence Whipple and, after reading the list of the past recipients, Mr. Whipple voiced his appreciation and thanks for the award. A standing ovation was given to all of the above. 8:20 P.M. The Moderator called the meeting back into session at 8:20 P.M. The Moderator reminded the meeting that Article 2 was still open and would remain open throughout the meeting. He asked if there were any reports to be presented under Article 2 at this time but there were none. 8:20 P.M. Article 18. ZONING BY-LAW, CR DISTRICT FLOOR AREA RATIO Jacquelyn R. Smith moved that the Planning Board Report on Article 18 be accepted and placed on file. Adopted unanimously. 8:20 P.M. Jacquelyn R. Smith presented the following motion under Article 18: (As MOTION: That the Zoning By-Law be amended in TABLE 2, SCHEDUTJ OF adopted) DIMENSIONAL CONTROLS under the column headed CR on the line that reads "Maximum Floor Area Ratio (F.A.R.) by inserting the number "0.25". 8:21 P.M. (Approved After Mrs. Smith gave an explanation of the motion, Town Meeting by Atty. Member Jacqueline B. Davison, representing South Lexington, gave a General, brief history of the zoning changes in the area. 8:37 P.M. Sept. 18, 1984. The following residents of the South Lexington area spoke in favor Posted of the motion: Jonathan Rawle, Malcolm Kasparian in Town F (a member of the Steering Committee of the South Lexington Association) , James Office Lambie, Louise Kava and Sara Chase. 9:04 P.M. Building & nine At the request of Anthony L. Mancini, O. M. Favorito, Counsel and precincts Assistant Secretary, W. R. Grace and Company, was recognized and on Sept. spoke in opposition. He recommended that the motion be amended to 26, 1984) 0.35 and hoped that an amended motion would be presented to town meeting. 9:14 P.M. Irwin Barkan, a partner in The Beal Companies, spoke in opposition, hoping that there could be a compromise. 9:20 P.M. 3 3 (Adjourned Session of the 1984 Annual Town Meeting - April 25, 1984.) Article 18. Anthony L. Mancini moved to amend: (Cont. ) In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by: 1) adding a new line between the line which begins Minimum % Open Area and the line that begins Maximum height, as follows: under the column headed District, the words "maximum Floor Area Ratio (FAR) ," under the column headed CR "0.35" and under all other columns for the several zoning districts, the designation "NR" 9:23 P.M. (Mr. Mancini changed the wording of his amendment. See below) ii] In response to statements that had been made, Frank Sandy, as an employee of Raytheon Company, stated that Raytheon did have plans to expand in the future. 9:31 P.M. William J. Dailey, Jr. , Chairman of the Appropriation, said that the inconveniences must be weighed against the gain in receipts. 9:34 P.M. John C. Eddison stated that he and Margery M. Battin, both members of the Board of Selectmen, were against the amendment and in favor of the original motion of the Planning Board. 9:37 P.M. Peter Lundquist, head of the Honeywell operation here in Lexington, spoke in opposition to the main motion. 9:40 P.M. William W. Welch, Jr. moved to amend Mr. Mancini's motion by deleting 0.35 and substituting therefor the figure 0.30. 9:40 P.M. Mr. Mancini, with the approval of the meeting, changed the wording of his motion to amend (see above) so that it now reads: MOTION: That the number "0.25" be amended to read "0.35". 9:42 P.M. Dan H. Fenn, Jr. , Jack Sarmanian, Selectman John F. McLaughlin and Robert I. Rotberg spoke against the two amendments and in favor of the main motion. 9:55 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said that the committee did not think that 0.30 was a good compromise but that 0.35 was. 9:55 P.M. Mr. Welch's amendment was declared lost by voice vote. 9:56 P.M. Mr. Mancini's amendment was declared lost by voice vote. 9:57 P.M. Richard A. Michelson asked that a roll call vote be taken on the main motion. The Moderator asked for a standing vote of those who wished to have the vote on Article 18 be taken by roll call. Precinct In Favor Tellers 1 7 Nancy L. Barter 2 3 Karen A. Dooks 3 2 Marian C. Reilly 4 0 Peter C. J. Kelley 5 2 Julie F. Triessl 6 4 Judith B_ Marshall 7 0 Winifred L. L. Friedman 8 4 Benjamin H. Golini --+ 9 8 L. Gail Colwell At Large 14 Michael J. O'Sullivan Total 44 Less than the required 50 members having voted in favor, the vote on the main motion under Article 18 was not taken by roll call. 10 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 25, 1984.) 3 3 2 Article 18. Margery M. Battin stated that a majority of the Board of Selectmen (Cont. ) supported the Planning Board's proposal. 10 P.M. Voice vote on the main motion, as presented by Mrs. Smith, was not unanimous, so the Moderator called for a standing vote as follows: Precinct In Favor Tellers Opposed 1 8 Nancy L. Barter 6 2 14 Karen A. Dooks 4 3 15 Marian C. Reilly 2 4 11 Peter C. J. Kelley 1 5 11 Julie F. Triessl 2 6 15 Judith B. Marshall 2 7 13 Winifred L. L. Friedman 1 8 9 Benjamin H. Golini 4 9 14 L. Gail Colwell 2 At Large 11 Michael J. O'Sullivan 13 Totals 121 37 More than the required two-thirds having voted in favor, the main motion as presented by Mrs. Smith (see page 331) was adopted. 10:03 P.M. James M. McLaughlin served notice of reconsideration of Article 18. 10:03 P.M. Article 19. ZONING BY-LAW, SPECIAL PERMITS, TRAFFIC CONSIDERATIONS Judith J. Uhrig moved that the Planning Board Report on Article 19 be accepted and placed on file. Adopted unanimously. 10:04 P.M. Presented by Judith J. Uhrig. MOTION: That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board's report under Article 19. 10:05 P.M. (Motion under Article 19 as attached to the Planning Board's report: (As MOTION: That the Zoning By-Law be amended as follows: adopted) In Section 3.4 SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS) : (Approved 1) in the second sentence by deleting the words, "10) effects of by Atty. traffic created by the development on adjacent streets, .. . " and General, substituting in place thereof the words, "10) the effects of Sept. 18, additional traffic created by the development on intersections and 1984. streets likely to be affected by the proposed development, .. . " and Posted ..M- in Town 2) deleting the third sentence in its entirety and by substituting Office in place thereof the following as a new paragraph: Building & nine "In making a finding and determination, the SPGA shall consider precincts at least: 1) existing traffic conditions, 2) the effects of on Sept. traffic from other proposed developments which have already 26, 1984) been approved in part or in whole by the Town, and 3) the effects of traffic from the proposed development on the inter- sections and streets likely to be affected by the proposed development; and prior to granting an SPS, the SPGA shall make a finding that the traffic carrying capacity of the intersections and streets likely to be affected by thedevelopment is adequate, according to accepted traffic engineering criteria for "level of service, " to handle the existing and projected traffic.") 334 (Adjourned Session of the 1984 Annual Town Meeting - April 25, 1984.) Article 19. Voice vote on main motion was not unanimous, so a standing vote was (Cont. ) taken as follows: Precinct In Favor Tellers Opposed 1 6 Nancy L. Barter 4 2 13 Karen A. Dooks 2 3 14 Marian C. Reilly 0 4 9 Peter C. J. Kelley 0 5 13 Julie F. Triessl 1 6 16 Judith B. Marshall 0 7 12 Winifred L. L. Friedman 0 8 10 Benjamin H. Golini 0 9 14 Ronald W. Colwell 1 At Large 17 Michael J. O'Sullivan 2 Totals 124 10 More than the required two-thirds having voted in favor, the main motion was adopted. 10:08 P.M. Article 20. ZONING BY-LAW, LOT FRONTAGE, LOT WIDTH Elizabeth G. Flemings moved that the report of the Planning Board on Article 20 be accepted and placed on file. Adopted unanimously. 10:08 P.M. Presented by Elizabeth G. Flemings. MOTION: That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board's report under Article 20. (See 10:09 P.M. Page 358 (Motion under Article 20 as set forth in the motion attached to the for Planning Board's report under Article 20: adopted motion.) MOTION: That the Zoning By-Law be amended as follows: a. In Section 2, Definitions, in the definition FRONTAGE, LOT, by deleting the first sentence and inserting in place thereof the following: "The continuous portion of the line separating a lot from a street to which the owner of the lot has a legal right of access" and in the definition FRONTAGE, STREET, by deleting the first sentence and inserting in place thereof the following: "A street to which the owner of the lot has a legal right of access and which provides the required lot frontage. " b. In Section 7. Dimensional Controls in sub-section 7.2 by: 1) adding the words ", MINIMUM LOT WIDTH" at the end of the sub-title; 2) inserting the number "7.2.1" in front of the paragraph that begins "No lot upon which. . ."; 3) adding a new sub-paragraph 7.2.2, as follows: "7.2.2 No new principal structure shall be erected on any part of a lot which does not have an area in which a circle, the diameter of which is not less than 80 per cent of the minimum lot frontage, tangent to the lot frontage and within all other lot lines, may be located. In the case of a lot that qualifies under sub-section 7.4.1, the diameter of the circle shall be not less than 80 percent of the actual lot frontage.") Patricia K. Hagddorn voiced concern about the legality of a new house under construction that has frontage on Marrett Road but access, because of safety conditions, will be from Paddock Lane. 10:17 P.M. 6 (Adjourned Session of the 1984 Annual Town Meeting - April 25, 1984.) Pm' 3 3.Q"" Article 20. In response to questions raised by Jacquelyn H. Ward, Town Counsel (Cont. ) Norman P. Cohen answered that there is no provision in the law to reimburse owners of illegal lots for back taxes. As far as taking the lots off the tax rolls, he said that the Assessors value the land each year and it would be up to them to put the proper value on the land in question. 10:22 P.M. Francis W. K. Smith brought up the question of grandfathering the lots and Jacquelyn R. Smith said that if they existed when the by-law is adopted that they would be grandfathered. 10:23 P.M. Mrs. Flemings answered Margaret F. Rawls that the Planning Board had no idea how many lots would be affected. 10:25 P.M. The Moderator declared a recess, subject to the call of the Chair. 10:25 P.M. The Moderator called the meeting to order again at 10:28 P.M. (Referral Frank Sandy moved to refer Article 20 to the Planning Board with motion) instructions to clarify their intent, and the wording with regard to grandfathering of existing lots and to report back to a future session of this town meeting. 10:28 P.M. Richard A. Michelson urged town meeting not to refer the motion but to defeat the original motion. 10:30 P.M. Mr. Sandy's motion to refer Article 20 to the Planning Board was declared adopted by voice vote. 10:30 P.M. (See Page 358) Margery M. Battin moved that this meeting be adjourned to Monday, April 30, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 10:30 P.M. A true copy. Attest: 4,te. )x -4n,„4„, Mary R. McDonough, Town Clerk ll, ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING APRIL 30, 1984 The meeting was called to order by Moderator Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and iunuediately recessed subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 177 Town Meeting Members present. Invocation given by Rev. Brian S. Dixon, Pastor of the First Baptist Church. 8:09 P.M. The Moderator reminded the meeting that Article 2 was open and would remain open throughout the meeting. He asked if there were any reports to be filed under Article 2 at this time and the following reports were filed. Article 2. Jean Gaudet moved that the Lexington Housing Assistance Board (LexHAB) Report be accepted and placed on file. Adopted unanimously. 8:10 P.M. Margery M. Battin moved that the Board of Selectmen Report on the Fair Housing Resolution adopted by the 1981 Town Meeting be accepted and placed on file. Adopted unanimously. 8:10 P.M. At the request of Selectman Margery M. Battin, Robert M. Hutchinson, Jr. , Town Manager, was recognized and he gave a brief overview of the financial situation of the town,where he thinks we are relative to the tax rate. He listed Budget Assumptions as follows: 1. Compliance with 2 1/2 levy limit 2. Maintenance of essential services 3. Commitment to fiscal planning: i.e. , Pension Funding/Free Cash position 4. State Aid - Plus $158,000 5. Commitment to productivity improvement 6. Adoption of a d.ewer use charge 7. Taxable list - $1,309,456,100 8. Expanded capital program 9. Controlled collective bargaining settlements Mr. Hutchinson went through the FY 85 Levy Limit under Prop 2 1/2, Fiscal Year 1985 Budget and Tax Rate Estimate and Amounts Appropriated and Requested explaining where there are increases and decreases. He estimated a tax rate of $20.38 for residential and $29.79 for commercial. 8:23 P.M. William J. Dailey, Jr. moved that the Report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:23 P.M. Mr. Dailey explained that his committee has asked that the conserva- tion article (Article 59) be brought up first, before the other �. financial articles, because it will have an impact on those other articles. He urged restraint on some of the articles. 8:28 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) 127 Article 2. Daniel L. McCabe moved that the Report of the Capital Expenditures (Cont.) Committee be accepted and placed on file. Adopted unanimously. 8:28 P.M. Francis W. K. Smith moved that Article 59 be taken up out of order at this time. Adopted by voice vote. 8:29 P.M. Moderator Cole informed the meeting that he would not moderate, take part in the discussion or vote on Article 59. He turned the meeting over to Town Counsel, Norman P. Cohen who moderated the meeting throughout the final count on Article 59. 8:29 P.M. Article 59. CONSERVATION LAND PURCHASE Presented by Francis W. K. Smith. MOTION: (a) That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to (Not take by eminent domain, upon the written request of the Conserva- adopted. tion Commission, for conservation purposes including outdoor rec- reation as provided by Section 8C of Chapter 40 of the General Laws, Also, any fee, easement or conservation restriction as defined in Section See 31 of Chapter 184 of the General Laws or other interest in all or Pages any part of the land shown as Lots 63, 64 and 68 on Assessors ' Property 374- Map 66, now or formerly of Pine Meadows Country Club, Inc. ; that the 380.) sum of $1,850,000 be appropriated for such land acquisition and that to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $1,850,000 under G.L. c.44 s.7; (b) That the Selectmen be and they hereby are authorized to lease said Lot 63, a portion of Lot 64 and any contiguous land necessary _ for the operation of a golf course, in order to continue the use of the land as a golf course, for a period of fifty years and on such other terms as the Selectmen may determine; (c) That the Selectmen be and they hereby are authorized to petition the General Court for an act to permit the Town to finance and carry out this project. 8:30 P.M. Mr. Smith listed: 1st parcel: Bates Road to Route #128. 2nd parcel: End of Cedar Street to Route #128. 3rd parcel: End of Cedar Street John C. Eddison informed the meeting that a majority of the Board of Selectmen enthusiastically supported this article. He said that it was an investment for the future 'of Lexington; traffic congestion will be reduced; it will be the last chance to buy open land in Lexington; it is not cheap but the figure is less than the owners could get from a developer. The Selectmen, majority thereof, feel that it should be financed through bonding and they have considered a five, ten and twenty year bond issue and have compromised on a ten year issue. Mr. Eddison, with the aid of a slide, spoke of the alternative costs of $1,850,000 Bond Issue using Discount Rates 0, 5%, 10% Year. He urged support of Article 59. 8:50 P.M. Judith J. Uhrig voiced the unanimous support of the Planning Board. 8:52 P.M. Selectman John F. McLaughlin spoke in opposition. He stated that this is open, protected wetlands and only one house could be built on this land. Half of the land will not be developed even if the town does not buy it. 9:03 P.M. s ) 3 (Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) Article 59. Paul W. Marshall moved to amend: (Cont. ) MOTION: Delete "64" in paragraph (a) of the motion and add a new clause after the word "Inc." as follows: that the town acquire Lot 64 on Assessors' Property Map 66 for general town purposes including recreation, road and housing purposes. 9:03 P.M. Mr. Marshall explained that this would allow 6.3 acres of land at the top of Cedar Street to be available for housing. 9:05 P.M. Francis W. K. Smith stated that the Conservation Commission supported Mr. Marshall's amendment. 9:06 P.M. At the request of Gloria V. Holland, John W. Andrews, a resident at 22 Kendall Road and President of Citizens for Lexington Conservation, spoke in favor of the article. 9:12 P.M. John C. Eddison said that a majority of the Board of Selectmen supported the Marshall amendment. Also voicing support was John J. McWeeney, Judith J. Uhrig for the Planning Board and James M. McLaughlin for the Lexington Housing Authority. 9:15 P.M. Benjamin H. Golini spoke in opposition. Mr. Marshall's motion to amend was declared adopted by voice vote. 9:20 P.M. Paul Newman said that the School Committee, although they had no opinion on the merits of the land purchase, unanimously voted that if the purchase is made, it should be paid for outside of the the Proposition 2 1/2 limitations. There should be a referendum to override Prop 2 1/2. Their concern is that if this isn't done that there would be drastic cuts in the school budget. 9:30 P.M. (See below) Article 2. Daniel L. McCabe stated that the Capital Expenditures Committee were now changing their recommendation on Article 59 and were recommending unfavorable action. 9:33 P.M. Article 59. William J. Dailey, Jr. , Chairman of the Appropriation Committee, (Cont. ) moved: That the words in paragraph (a) the Treasurer with the approval of the Selectmen be authorized to borrow $1,850,000 under General Laws Ch. 44, Section 7 be stricken and in place thereof the following substituted: $350,000 be raised in the tax levy and the Treasurer with the approval of the Selectmen be authorized to borrow $1,500,000 under GL Ch. 44, Section 7. 9:34 P.M. Mr. Dailey said that his committee recommended the purchase but , feel that it should be paid sooner than the Selectmen wish it to be paid. This is not the type of purchase that should be paid for in more than five years. He added that a majority of the Appropriation Committee supported the purchase but only if the bonding is for five years. 9:40 P.M. Mr. Eddison said that if the $350,000 was paid up front, that it would be made up of cuts in other parts of the budget and therefore the Selectmen unanimously opposed this amendment. 9:42 P.M. (Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) a39 Article 59. Nyles Nathan Barnert, Appropriation Committee member, urged (Cont. ) support Mr. Dailey's amendment. 9:47 P.M. Paul W. Marshall spoke against the amendment and in favor of the main motion. 9:50 P.M. Mr. Dailey' s motion to amend was declared lost by voice vote. 9:50 P.M. Linda Conrad, a resident at 176 Cedar Street, spoke from the balcony in favor of the purchase of this land. 9:52 P.M. Carolyn C. Wilson voiced the unanimous support of the Recreation Committee on Article 59. 9:52 P.M. Patricia A. Swanson, a member of the School Committee, said that if the article is adopted that at sometime we will have to override Prop 2 1/2 or cut essential services in the town. 9:55 P.M. Francis W. K. Smith stated that the land is 40% wetland and that the 18 hole golf course is out of the question. 9:58 P.M. John W. Maloney spoke against the article and added that the land should remain on the tax rolls. 9:59 P.M. Marian C. Reilly, bringing up the Potter Pond development in her area, urged support of the motion. 10 P.M. Donald B. White, saying that there are many people in town who cannot afford extra taxes, spoke in opposition. 10:02 P.M. Ephraim Weiss supported the purchase .as did Paul E. Hamburger. 10:15 P.M. Sheila Busa-Tassone asked that the vote be taken by roll call. The Moderator Pro-tem asked that those in favor of a roll call vote to stand with the following result: Precinct In Favor Tellers 1 13 Nancy L. Barter 2 4 Karen A. Dooks 3 3 Marian C. Reilly 4 0 Peter C. J. Kelley 5 2 Julie F. Triessl 6 0 John S. Willson 7 2 Graydon M. Wheaton 8 9 Benjamin H. Golini 9 3 L. Gail Colwell At Large 13 Michael J. O'Sullivan Total 49 Less than the required fifty members having voted in favor, the vote will not be taken by roll call. 10:17 P.M. James J. McLaughlin moved the previous question which was declared adopted by voice vote. 10:18 P.M. 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 7 Nancy L. Barter 10 2 13 Karen A. Dooks 5 3 11 Marian C. Reilly 4 4 12 Peter C. J. Kelley 1 5 11 Julie F. Triessl 3 6 13 John S. Willson 5 340' (Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) Article 59. Standing vote on main motion, as amended (Cont.) (Cont. ) Precinct In Favor Tellers Opposed 7 11 Graydon M. Wheaton 4 8 15 Benjamin H. Golini 2 9 11 L. Gail Colwell 7 At Large 9 Michael J. O'Sullivan 16 Totals 113 57 Less than the required two-thirds having voted in favor, the motion as presented by Mr. Smith and amended by Mr. Marshall was declared lost. 10:23 P.M. Frank Sandy served notice of reconsideration of Article 59. 10:23 P.M. (See Pages 374-380.) Margery M. Battin moved that this meeting be adjourned to Wednesday, May 2, 1984 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 10:24 P.M. A true copy. Attest: c'e 1c ((JJ Mary R. McDonough, Town Clerk 341 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 2, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The Meeting was reconvened at 8:12 P.M. There were 172 Town Meeting Members present. Invocation presented by Rev. Helen L. Cohen, Minister of the First Parish Church - Unitarian. 8:14 P.M. The Moderator stated that the meeting was now open on Article 21. Jacquelyn R. Smith moved that Articles 21, 22, 23 and 24 be postponed to Monday next - May 7, 1984. Adopted unanimously. 8:15 P.M. Article 21. (See Page 357) Article 22. (See Pages 357 & 358) Article 23. (See Pages 354 & 355) Article 24. (See Pages 355 & 356) Article 25. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 84) Presented by Margery M. Battin. (As MOTION: That the sum of $125,000 be appropriated to line item adopted) 1775 - Law Fees to be used in conjunction with money appropriated under Article 20 of the warrant for the 1983 Annual Town Meeting, and to raise such amount $125,000 be transferred from the Reserve Fund - Overlay Surplus. 8:15 P.M. Mrs. Battin explained that this additional appropriation as because of the number of legal cases such as the Muzzey School Conversion and the civil rights case._ 8:17 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, said that the committee had not entered a recommendation in their report but at this time they do recommend favorable action. 8:17 P.M. Main motion declared adopted by voice vote. 8:17 P.M. Article 2. Margery M. Battin reminded the meeting that an information meeting on the budget had been held last Thursday, April 26, and that the Town Manager, Robert M. Hutchinson, Jr. , had given an overview of the figures at that time. She added that when line item #8525 under Article 26 comes up that she will ask that it be tabled as the conservation article, (59) is tied into that item. 8:18 P.M. Article 26. OPERATING BUDGET Presented by Margery M. Battin. (Richard M. Perry (written notice) and Mary R. McDonough will not vote on Articles 26 and 27. William W. Welch, Jr. (written notice) will not vote on line items #1700, #1750 or #7920.) 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. 8:18 P.M. 342 (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) Article 26. The Moderator read the following line items: (Cont.) Selectmen's Department #1000 Personal Services 35,702 1050 Expenses 8,650 8:18 P.M. Town Manager's Office 1060 Personal Services 125,647 1065 Expenses 7,000 , 8:19 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 35,000 1075 Clerical Pool 12,246 1080 Office Furniture & Fixtures 3,000 1090 General Professional Services 42,000 1125 Fire & Police Medical 30,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 8:19 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 500 8:19 P.M. Town Clerk's Department 1150 Personal Services 73,649 1200 Expenses 1,500 8:20 P.M. Board of Appeals 1500 Personal Services 16,383 1550 Expenses 2,650 8:20 P.M. Planning Board 1600 Personal Services 49,816 1650 Expenses 5,500 8:20 P.M. Insurance 1700 Group 1,758,000 1750 Municipal Property & Workmen's Compensation 336,174 8:20 P.M. Printing Town Report 1760 Expenses 5,250 8:20 P.M. Law Department 1775 Law Fees 75,000 1800 Law Expenses 20,000 8:23 P.M. Elections 1900 Selectmen Jurisdiction 27,600 1950 Town Clerk Jurisdiction 21,520 8:24 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 34:3 Article 26. Board of Registrars (Cont.) #2000 Personal Services 8,490 2050 Expenses 15,400 8:24 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 3,000 2400 Town Celebrations Committee Expenses 7,500 8:24 P.M. Historic Districts Commission 2450 Expenses 2,000 8:24 P.M. Conservation Commission 2460 Expenses 6,035 2465 Personal Services 34,234 8:25 P.M. Recreation Committee 2470 Personal Services 113,145 2480 Expenses 19,400 8:25 P.M. Treasurer/Collector's Department 2500 Personal Services 116,704 2525 Expenses 57,050 2575 Foreclosure & Redemption 3,500 8:28 P.M. Comptroller's Department 2800 Personal Services 134,827 2850 Expenses 3,500 8:28 P.M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 13,500 2930 Office Machines-Maint. & Repair 8,300 2935 Office Services-Copier & Supplies 11,550 2940 Metered Mail 30,770 8:29 P.M. Assessors' Department 2950 Personal Services 72,832 3000 Expenses 12,300 8:29 P.M. Health Department 3250 Personal Services 68,371 8:29 P.M. In response to a question raised by Manfred P. Friedman, Margery M. Battin answered that this amount did include $10,600 for mosquito control. 8:30 P.M. 3300 Expenses 19,000 8:30 P.M. Mr. Friedman said that spraying is not effective if it cannot be done comprehensively - the whole town. 8:35 P.M. Mr. Friedman moved that the amount of $19,000 be deleted and the sum $16,400 be substituted therefor. 8:35 P.M. 344 4 (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) Article 26. Line item #3300 (Cont.) (Cont. ) Dr. Linda Roemer, a member of the Board of Health, gave an explana- tion of the mosquito control program. 8:43 P.M. Mr. Friedman's motion to amend line item #3300 was declared lost by voice vote. 8:47 P.M. Ephraim Weiss moved under Item 3300, the amount for Mosquito Control ($10,600) be separated and inserted under a separate Item, Number 3310, so that Item 3300 will be reduced to $8,400, and Item 3310, Mosquito Control, reads $10,600. 8:47 P.M. Margery M. Battin said that the Board of Selectmen and the Town Manager unanimously opposed this amendment. They do not feel that town meeting should set up accounts. 8:53 P.M. Mr. Weiss's motion to amend was declared lost by voice, which was doubted by John Orin Hayward and more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Nancy L. Barter 13 2 2 Karen A. Dooks 16 3 10 Marian C. Reilly 6 4 7 Peter C. J. Kelley 3 5 8 Julie F. Triessl 5 6 9 John S. Willson 9 7 11 Graydon M. Wheaton 5 8 8 Benjamin H. Golini 5 9 3 L. Gail Colwell 14 At Large 2 Michael J. O'Sullivan 20 Totals 62 96 Mr. Weiss's motion to amend line item #3300 was not adopted. 8:58 P.M. Article 2. Margery M. Battin thanked Dr. Linda Roemer for all she had done for the town and for the devotion and dedication she had given to the Board of Health and to their programs. She added that Dr. Roemer had tendered her resignation to the Board and would be leaving for Nairobi for new duties and wished her well. Dr. Roemer was given a standing ovation by the meeting. 9 P.M. Article 26. The Moderator continued reading the line items, reading line item (Cont.) #3300 again: Health Department (Cont.) #3300 Expenses 19,000 3320 Visiting Nurse & Community Health 7,550 3450 Rabies Clinic 2,961 9:02 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 16,756 3550 Expenses 6,983 9:03 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) "4 r Article 26. Police Department (Cont. ) #3760 Police Department Management and Staff- 434,300 Personal Services (Of which $17,000 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit- 1,276,732 Personal Services 3800 Expenses 233,250 (Of which $18,000 is to be transferred from the " Parking Meter Fund) 3900 Parking Meter Maintenance 3,500 (Of which $3,500 is to be transferred from the Parking Meter Fund) 9:05 P.M. Fire Department 4110 Fire Department Management and Staff- Personal Services 121,242 4120 Fire Department Collective Bargaining Unit- Personal Services 1,400,397 4150 Expenses 129,560 9:06 P.M. William J. Dailey, Jr. moved that account 4150 be amended to read $127,060 and that the figure $129,560 be stricken. 9:06 P.M. Chief John Bergeron spoke of the need of the new radio cable. 9:09 P.M. Mr. Dailey's motion to amend line item #4150 was declared 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 4 Nancy L. Barter 10 2 3 Karen A. Dooks 13 3 5 Marian C. Reilly 11 4 3 Peter C. J. Kelley 7 5 6 Julie F. Triessl 6 6 11 John S. Willson 7 7 10 Graydon M. Wheaton - 6 8 2 Benjamin H. Golini 11 9 1 L. Gail Colwell 16 At Large 10 Michael J. O'Sullivan 10 Totals 55 97 Mr. Dailey's motion to amend line item #4150 is not adopted. 9:14 P.M. Article 2. Daniel L. McCabe moved to amend the Report of the Capital Expendi- tures Committee "to read $1,400 not $800 under #4150". Adopted unanimously. 9:15 P.M. 3 (1 a• (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) Article 26. Line item #4150 (Cont.) (Cont. ) Daniel L. McCabe moved that line item #4150, Fire Department Expenses be amended to read $124,960. 9:15 P.M. Margery M. Battin said that the Board of Selectmen unanimously opposed this amendment. 9:19 P.M. Mr. McCabe's motion to amend line item #4150 was declared lost by voice vote. 9:22 P.M. Local .Disaster Services #4300 Personal Services 200 4350 Expenses 500 9:22 P.M. Inspection Department 4450 Personal Services 102,963 4500 Expenses 4,400 9:22 P.M. Director of Public Works Office * 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,375,054 * (Of which $40,000 is to be transferred from the Westview Perpetual Care Fund) 9:23 P.M. * (See Page 349 for amended figure) 4950 Public Works Management and Staff Personal Services 408,432 5000 Expenses 13,240 9:23 P.M. Engineering Department 5100 Personal Services 234,696 5150 Expenses 9,700 9:23 P.M. Town Buildings Maintenance 5200 Personal Services 99,856 5250 Expenses 237,300 9:24 P.M. Highway/Traffic Division 5400 Expenses 217,930 (Of which $10,500 is to be transferred from the Parking Meter Fund) 9:24 P.M. Road Machinery 5450 Expenses 247,600 9:24 P.M. kommot Snow Removal 5500 Expenses 141,200 (Of which $10,000 is to be transferred from the Parking Meter Fund) 9:24 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 347 ' Article 26. Street Lights (Cont.) #5600 Expenses 407,000 To which the sum of $384,599 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:25 P.M. Sewer & Water Maintenance 5700 Expenses 230,515 9:25 P.M. Refuse Collection 5800 Contract 528,000 9:25 P.M. Sanitary Landfill 5850 Expenses 4,000 9:25 P.M. Park/Shade Tree Division 6000 Expenses 89,877 9:25 P.M. Insect Suppression 6050 Expenses 1,350 9:25 P.M. Cemeteries 6400 Expenses 15,200 9:26 P.M. At the request of Selectman Robert F. Sacco, Stephen Baran, Chairman of the Human Services Committee, was recognized and gave a brief report on the budget and of their goals for FY 85. 9:30 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 9,518 7150 Administration 170 7200 Aid & Expenses 10,000 7250 Grave Registration Expenses 200 7300 Burial Expenses 250 9:30 P.M. Council on Aging 7340 Personal Services 18,437 To which the sum of $18,437 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be .^ applied. 7360 Expenses 34,900 To which the sum of $34,900 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:31 P.M. • . (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 34 Article 26. Other Human Services (Cont. ) #7410 Mystic Valley Mental Health 15,000 7430 Community Services 52,064 To which the sum of $52,064 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:32 P.M. Cary Memorial Library 7500 Personal Services 537,606 7550 Expenses 181,010 (Of which $3,781.77 is to be transferred from the County Dog License Fees. $14,739.50 in Regular State Aid and $8,546 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) 9:34 P.M. Board of Retirement 7800 Contributory Pension Fund 1,333,450 7810 Pension Funding 300,000 7825 Non-Contributory Pension Fund 204,380 7850 Expenses 6,050 9:35 P.M. Patricia A. Swanson moved that line item #7920 be tabled. (See Page 360) Adopted unanimously. 9:35 P.M. Public Schools �. 8100 Regional Vocational Technical High School Assessment 332,700 9:35 P.M. 8500 Interest on Debt 97,468 9:35 P.M. Margery M. Battin moved that line item #8525 be tabled. (See Page 385) Adopted by voice vote. 9:35 P.M. 8550 Maturing Debt 825,000 9:35 P.M. Many questions were raised on the budget for street lighting. Town Manager Robert M. Hutchinson, Jr. explained that there are in excess of 3,200 streets lights in the town and, due to the nuclear power plant in Plymouth being down, electrical bills are up. The town is not a power company and does not own the poles. As for reducing the lighting of streets, Mr. Hutchinson said that there would not be a ground swell of approval for this idea. 9:47 P.M. Richard A. Michelson asked if the sanitary landfill could be open for two weeks in the spring and two weeks in the fall so that the residents of the town could dispose of their leaves. The Town Manager answered that it could be done but it would take the employees away from other duties. 9:49 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 34 9, Article 26. After general discussion, Richard A. Michelson moved to (Cont. ) amend line item #5850 - amount of $4,000 be deleted and the amount $6,000 be substituted. 9:59 P.M. At the request of Mrs. Battin, Mr. Michelson changed his amendment from line item #5850 to line item #4900 so that the amendment now reads: MOTION: That line item #4900 be amended by deleting $1,375,054 and substituting therefor $1,377,054. 10:02 P.M. Mrs. Battin said that the Board of Selectmen unanimously supported Mr. Michelson's motion to amend. 10:02 P.M. Mr. Michelson's motion to amend line item #4900 was declared adopted by voice vote. 10:02 P.M. Line item #4900, as amended, now reads: (See page 346) #4900 D.P.W. Collective Bargaining Unit-Personal Services 1,377,054 (Of which $40,000 is to be transferred from the Westview Perpetual Care Fund) Main motion as presented by Margery M. Battin and amended by Richard A. Michelson, with the exception of line items #7920 and #8525, was declared adopted unanimously. 10:02 P.M. James E. Barry served notice of reconsideration of Article 26. 10:03 P.M. (See Page 393) Article 27. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS Presented by John F. McLaughlin. MOTION: That $235,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 26 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 & Overtime 1075 Clerical Pool 1130 Director of Guides 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer/Collector 2800 Comptroller 2950 Assessor 3250 Health 3500 Animal Control 3760 PoliCe Management and Staff 350 (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) Article 27. ACCT. # DEPARTMENT (Cont.) 3770 Patrolmen and Sergeants - Personal Services 4110 Fire Management and Staff 4120 Fire Collective Bargaining Group - Personal Services 4450 Inspection 4900 D.P.W. Collective Bargaining Group - Personal Services 4950 D.P.W. Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Services 7340 Council on Aging 7500 Library 10:05 P.M. James M. McLaughlin voiced his disapproval of this system of budgeting, feeling that this was originally set up for collective bargaining units only. He added that the amount of raises for the different employees should be known before town meeting. 10:08 P.M. In response to a question raised by Ephraim Weiss, William J. Dailey, Jr. answered that the Appropriation Committee feel very comfortable with this system. He said that the town has used this system for about five years with success and that they favor this type of article. 10:10 P.M. Main motion, as presented by John F. McLaughlin, adopted unanimously. 10:13 P.M. Article 28. PRIOR YEARS' UNPAID BILLS Presented by John F. McLaughlin. MOTION: That the sum of $14,400 be appropriated to pay a bill of Boston Edison Company rendered to the Town for prior years, and to raise such amount, $14,400 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 10:15 P.M. Article 29. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:15 P.M. Article 30. RESERVE FUND Presented by Robert F. Sacco. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount, $150,000 be transferred from the Reserve Fund - Overlay Surplus. 1-9 Adopted unanimously. 10:17 P.M. Article 31. TAX ANTICIPATION BORROWING Presented by Robert F. Sacco. MOTION: That the Town Treasurer, with the approval of the Select- men, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1984 and to issue a note or notes therefor, payable within one year, under (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 3:51 Article 31. G. L. c. 44, sec. 4 as amended, and to renew any note or notes as (Cont.) may be given for a period of less than one year, under G.L. c. 44, sec. 17. Adopted unanimously. 10:18 P.M. Article 32. CONSERVATION FUND Presented by Robert F. Sacco. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:18 P.M. Article 33. UNEMPLOYMENT COMPENSATION FUND Presented by Paul W. Marshall. MOTION: That the sum of $30,000 be appropriated for the unemploy- ment compensation fund to be used in conjunction with money previously appropriated for this purpose and that to raise such amount, $30,000 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 10:22 P.M. Article 34. STABILIZATION FUND Presented by Paul W. Marshall. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:22 P.M. Article 35. RESCIND UNUSED BORROWING. AUTHORIZATION Presented by Paul W. Marshall. MOTION: That the $10,000 of unused borrowing authorization voted under Article 19 of the warrant for the 1978 Annual Town Meeting be rescinded. Adopted unanimously. 10:23 P.M. Article 36. INSTALL WATER MAINS Presented by John C. Eddison. 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; to appropriate the sum of $75,000 for such installation and land acquisition; that such amount be raised by transfer from the Special Assessment Fund; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects. 10:24 P.M. Daniel L. McCabe voiced the unanimous support of the Capital Expendi- tures Committee and William J. Dailey, Jr. stated that the Appro- priation Committee recommended favorable action. 10:28 P.M. Mr. Eddison explained that the installations would be in Farmcrest Avenue and Westminster Avenue. Adopted unanimously. 10:28 P.M. ' r;2' � (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) Article 37. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS Presented by John C. Eddison. 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 $50,000 for such installation and land ftwaavil acquisition, and to raise such amount, $10,000 be transferred from the Sale of Real Estate Fund and that $40,000 be raised in the tax levy. 10:29 P.M. Mr. Eddison explained that this project would be on Adams Street due the icing conditions at certain times. 10:30 P.M. Adopted unanimously. 10:32 P.M. Article 38. BROOK CLEANING Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:32 P.M. Article 39. INSTALL CURBING Presented by John C. Eddison. —" MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:33 P.M. Article 40. CONSTRUCT SIDEWALKS Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:34 P.M. Article 41. SANITARY SEWERS Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:35 P.M. Article 42. MDC SEWER CONNECTIONS Presented by Margery M. Battin. MOTION: That the sum of $30,000 be appropriated to provide sewer connections to the MDC Millbrook Valley Relief Sewer and to make such other necessary changes in the sewer system in connection therewith, to raise such amount, $30,000 be transferred from the appropriation voted under Article 19 of the warrant for the 1978 (Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) O$ Article 42. Annual Town Meeting, and that the Selectmen be authorized to (Cont. ) apply for, accept, expend and borrow in anticipation of federal and state aid for such project. Adopted unanimously. 10:38 P.M. Article 43. PUBLIC WORKS EQUIPMENT Presented by Robert F. Sacco. MOTION: That the sum of $175,000 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. 10:35 P.M. (See Pages 358 and 361) Arthur C. Smith moved that this meeting be adjourned to Monday, May 7, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 10:40 P.M. A true copy. ( Attest: '4/e1A V Mary R. McDonough, Town Clerk :154 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 7, 1984 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Mod- erator, Lincoln P. Cole, Jr. and immediately recessed subject to the call of the Chair. The meeting reconvened at 8:08 P.M. There were 183 Town Meeting Members present. Invocation presented by Rev. Gay M. Godfrey, Associate Minister of the Hancock United Church of Christ. 8:10 P.M. The Moderator said the meeting was now open on Article 43. Article 43. Robert F. Sacco moved that Article 43 be postponed until after Article 22. Adopted unanimously. 8:10 P.M. (See Pages 353 & 361) Jacquelyn R. Smith moved that Article 23 be taken up at this time. Adopted unanimously. 8:10 P.M. Article 23. REZONE RO TO RS, WELLINGTON LANE AVENUE Presented by Jacqueline B. Davison. MOTION: That the Town vote to amend the Zoning By-Law by changing (As the District designation from RO-One Family Dwelling District to adopted) RS-One Family Dwelling District of the Land on the Southwesterly ' ' side of Meadowbrook Avenue and Wellington Lane Avenue; bounded and described as follows: �. (Approved Beginning at a point at the center line of Meadowbrook Avenue by Atty. and the intersection of the center line of a right of way identified General, as Moreland Avenue. Sept. 18, 1984. Northerly by a right of way identified as Moreland Avenue, Posted in twenty (20) feet + or - and; Town Office Westerly by land now or formerly of the Town of Lexington Building One Hundred Eight (108) feet + or -; & nine precincts Northerly by land now or formerly of the Town of Lexington on Sept. Two Hundred Sixty Two (262) feet + or -; 26, 1984) Westerly by land now or formerly of the Town of Lexington and Blossomcrest Road and a right of way identified as Garden Avenue, Four Hundred Eighty Four (484) feet + or -; Southerly by land now or formerly of the Town of Lexington, Forty Eight (48) Feet + or -; Westerly by land now or formerly of the Town of Lexington, One Hundred Sixty Seven (167) feet + or -; Southwesterly by land now or formerly of the Commonwealth of Massachusetts (Cambridge Concord Highway-Route 2) , Six Hundred Ninety (690) feet + or -; Northeasterly by the approximate center line of Wellington Lane Avenue abutting the now current RS Zoning District, Six Hundred Forty (640) feet + or -; o'wf' (Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) ;) Article 23. Easterly by the approximate center line of Meadowbrook (Cont. ) Avenue abutting the current RS Zoning District, Four Hundred Fifty (450) feet + or -; to the point of beginning Containing 309,000 + or - square feet of land, more or less, all distances being approximate. Said land is shown on a plan entitled "Compiled Sketch Plan of Land in Lexington, Mass. ," (for Proposed Re-Zoning dated December 27, 1983 by James R. Keenan, R.L.S.) . 8:42 P.M. Mrs. Davison added that this description reflects the deletion of Town Conservation Land, known as lot 106. She asked that Dennis Lowe be recognized. 8:12 P.M. Mr. Lowe, representing Mr. and Mrs. Conrad Philipson, gave a brief history of the land in question and the reasons behind the request for this zoning change. He said that he had a petition signed by thirty-eight of the abuttors favoring this proposal. 8:19 P.M. Mrs. Davison said that the members of Precinct Three unanimously supported this motion. Jacquelyn R. Smith moved that the report of the Planning Board on Article 23 be accepted and placed on file. 8:23 P.M. Adopted unanimously. 8:23 P.M. Mrs. Smith voiced the unanimous support of this motion. 8:23 P.M. Main motion, as presented by Mrs. Davison, adopted unanimously. 8:27 P.M. Eric T. Clarke moved that Article 24 be taken up at this time. Adopted unanimously. 8:27 P.M. Article 24. REZONE RO TO CD, HAYDEN AVENUE Presented by Eric T. Clarke. (Not MOTION: To change the zoning district in which the land bounded adopted) and described below lies from RO--ONE-FAMILY DWELLING DISTRICT to CD--CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT in accordance (Also see with the preliminary site development and use plan dated April 27, Page 1984, and filed with the Lexington Town Clerk on May 1, 1984: 382) Three contiguous parcels of land in Lexington, Massachusetts, bounded northerly by Hayden Avenue, southerly by the Concord Turnpike (Route 2) and easterly by the access ramp between those two roads, being described in Certificate of Title No. 154914 at the South Middlesex Registry District of the Land Court and shown as Lots 17, 18, and 20 on Land Court Plan No. 2802Z, a copy of which is available for inspection in the office of the Lexington Town Clerk. 8:28 P.M. At Mr. Clarke's request, Greg Muzzey, Treasurer of Temple, Barker and Sloane was recognized. Mr. Muzzey described the need of addi- tional office space and of the proposal. 8:45 P.M. Jacquelyn R. Smith moved that the report of the Planning Board on Article 24 be accepted and placed on file. 8:46 P.M. Jonathan P. Doran asked that Mrs. Smith read the Planning Board Report, which she did, starting at 8:48 P.M. and finishing at 9:03 P.M. She mentioned the last paragraph of the report, which was parenthesized, stating that Planning Board member Judith Uhrig did not participate in the deliberations or vote on this proposal as the law firm which employs her represents one of the parties in this development. 9:09 P.M. a5 - (Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) Article 24. Jacqueline B. Davison, speaking in opposition, stressed that the (Cont.) building and parking coverage left very little green space. She showed slides of the area. 9:17 P.M. At Mrs. Davison's request, Louise Kava of 60 Shade Street and Laurence S. Bloom of 7 Benjamin Road were recognized and they both spoke in opposition. 9:20 P.M. Susan J. Ricci spoke in opposition. 9:23 P.M. John C. Eddison said that a majority of the Board of Selectmen supported this motion although not on the same rational. There- fore he said that he could only speak for two of them. 9:30 P.M. Ephraim Weiss said that the meeting should realize that zoning should not be for a firm. It should be on the land. The firm could be gone in the future and who can predict what will happen in the future. 9:33 P.M. Jonathan Doran thanked Mrs. Smith for reading the Planning Board Report in its entirety and wished that the meeting had given her the courtesy of listening to it. He added that this land has no commercial development on it at this time. 9:35 P.M. William W. Welch, Jr. stated that he would like the height of the penthouse reduced by 10 feet, bringing it down to 35 feet high. 9:37 P.M. Robert I. Rotberg stated that the three story penthouse is to be built on top of the knoll instead of being built into it. He urged town meeting to vote against this proposal and said that Temple, Barker and Sloane should come back to another town meeting with a better design. 9:40 P.M. Mr. Muzzey answering Mr. Welch, said that to eliminate the ten feet on the penthouse, would expose the mechanical equipment (heating etc.) . He added that it is their intention to build an attractive building. The plan that they have proposed is binding, and it would be binding on any successive owner. The land would be 50o green around the building itself, on the southeast and northeast corners. 9:45 P.M. James Cataldo moved the previous question which was declared adopted by voice vote. 9:52 P.M. Eric Clarke stated that he was impressed by the quality of design of the Temple, Barker and Sloane building and urged support. 9:52 P.M. Voice vote on the main motion, presented by Mr. Clarke, was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 10 Nancy L. Barter 8 2 15 Karen A. Dooks 3 3 4 Marian C. Reilly 14 4 5 Peter C. J. Kelley 9 5 6 Julie F. Triessl 9 6 11 Elizabeth C. Haines 7 7 6 Graydon M. Wheaton 7 8 11 Benjamin H. Golini 5 9 11 L. Gail Colwell 7 At Large 21 Michael J. O'Sullivan 4 Totals 100 73 Less than the required two-thirds having voted in favor, the main motion as presented by Mr. Clarke is not adopted. 9:57 P.M. Eric T. Clarke served notice of reconsideration of Article 24. 9:57 P.M. (See Page 382) (Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) Stephen B. Cripps moved that Article 21 be taken up at this time. Adopted unanimously. 9:57 P.M. Article 21. ZONING BY-LAW TECHNICAL CORRECTIONS Presented by Stephen B. Cripps. MOTION: That the Zoning By-Law be amended as follows: r--,_ (Approved by Atty. a. In Section 5, Use Regulations, by inserting the word General, "APPLICABILITY" after the number 5.1, and Sept. 18, 1984. b. In Section 6.2, by inserting the words "or more" Posted after the number 75% so that the sentence, as amended, in Town will read, in part, ". . . .if destroyed or damaged to the Office extent of 75% or more of its reproduction costs. . .." Building and & nine precincts c. In Section 7.4.9, by deleting the underscoring under on Sept. the words "except for said dimensional non-compliance" 26, 1984) and the words "in addition to said dimensional non- compliance" and d. In section 9.4.4, by deleting the number "9.2.3" and inserting in place thereof the number "9.4.3". 9:58 P.M. Mr. Cripps moved that the report of the Planning Board on Article 21 be accepted and placed on file. Adopted unanimously. 9:58 P.M. Main motion as presented by Mr. Cripps adopted unanimously. 10:03 P.M. Eric T. Clarke moved that Article 22 be taken up at this time. Adopted unanimously. 10:03 P.M. Article 22. ZONING BY-LAW, SETBACK FOR SWIMMING POOLS Presented by Eric T. Clarke. (Not MOTION: To amend the Zoning By-Law Section 5.7 SWIMMING adopted) POOLS and RACQUET COURTS by striking the words "swimming pool or" from 5.7.1(a) , PROTECTIVE CONDITIONS, so that Section 5.7.1(a) will read "No racquet court shall be constructed within 15 feet of the property line." 10:05 P.M. Jacquelyn R. Smith moved that the report of the Planning Board on Article 22 be accepted and placed on file. Adopted unanimously. 10:06 P.M. Mrs. Smith said that a majority of the Planning Board opposed this motion. 10:07 P.M. After general discussion, voice vote was taken on the main question, which was not unanimous, so a standing vote was taken as follows: 3 (Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) Article 22. Standing vote on main motion as follows: (Cont.) Precinct In Favor Tellers Abstained Opposed 1 10 Nancy L. Barter 7 2 11 Karen A. Dooks 6 3 3 Marian C. Reilly 14 4 4 Peter C. J. Kelley 9 5 2 Julie F. Triessl 11 6 7 Elizabeth C. Haines 10 7 2 Graydon M. Wheaton 1 10 8 5 Benjamin H. Golini 9 9 3 L. Gail Colwell 14 At Large 11 Michael J. O'Sullivan 14 Totals 58 1 104 Main motion as presented by Mr. Clarke was not adopted. 10:20 P.M. Article 43. Robert F. Sacco moved that Article 43 be postponed to the May 9, 1984 session of this meeting. (See Pages 353 & 361) Adopted by voice vote. 10:20 P.M. Elizabeth G. Flemings moved that Article 20 be taken up at this time. Adopted by voice vote. 10:20 P.M. Article 20. (See pages 334 & 335.) ZONING BY-LAW, LOT FRONTAGE, LOT WIDTH Mrs. Flemings said that she would read the following motion as it differed from the one originally presented at the April 25, 1984 session (page 334) of this meeting: (As MOTION: That the Zoning By-Law be amended as follows: adopted) a. In Section 2, Definitions, in the definition FRONTAGE, LOT, by deleting the first sentence and inserting in place thereof the following: (Approved "The continuous portion of the line separating a lot from a by Atty. street to which the owner of the lot has a legal right of General, access" Sept. 18, 1984. and in the definition FRONTAGE, STREET, by deleting the first Posted sentence and inserting in place thereof the following: in Town Office "A street to which the owner of the lot has a legal right of Building access and which provides the required lot frontage." & nine precincts b. In Section 7. Dimensional Controls in sub-section 7.2 by: on Sept. 1) adding the words", MINIMUM LOT WIDTH" at the end of the sub- 26, 1984) title; 2) inserting the number "7.2.1" in front of the para- graph that begins "No lot upon which. ."; 3) adding a new sub- paragraph 7.2.2, as follows: "7.2.2 No new principal structure shall be erected on any part of a lot created after April 30, 1984, which does not have an area in which a circle, the diameter of which is not less than 80 per cent of the minimum lot frontage, tangent to the lot frontage and within all other lot lines, may be located. This provision shall not apply in the case of a lot that qualifies under Subsection 7.4.1. 10:25 P.M. General discussion. John F. Downey, Jr. moved the previous question which was declared adopted by voice vote. 10:43 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) 3 54. Article 20. Voice vote on the main motion as presented by Mrs. Flemings was (Cont..) not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 Nancy L. Barter 5 2 13 Karen A. Dooks 5 3 14 Marian C. Reilly 1 4 12 Peter C. J. Kelley 1 5 11 Julie F. Triessl 1 6 13 Elizabeth C. Haines 4 7 13 Graydon M. Wheaton 1 8 16 Benjamin H. Golini 1 9 15 L. Gail Colwell 3 At Large 18 Michael J. O'Sullivan 6 Totals 134 28 More than the required two-thirds having voted in favor, the main motion as presented by Mrs. Flemings was adopted. 10:46 P.M. (Planning Board Report covering Article 20 was presented, accepted and placed on file at the April 25, 1984 session of this meeting. See Page 334.) Paul W. Marshall moved that Article 49 be taken up at this time. Adopted unanimously. 10:47 P.M. Article 49. FENCE WORK/TRACK Presented by Paul W. Marshall. F-7 MOTION: That this article be indefinitely postponed. �.._ Adopted unanimously. 10:47 P.M. Paul W. Marshall moved to adjourn this meeting to Wednesday, May 9, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted unanimously. 10:47 P.M. A true copy. Attest: '✓u✓U11 • �U ��'�,Cv� 0 Mary R. McDonough, Town Clerk n Joseph O. Rooney, 222 Waltham Street, resigned as a Town Meeting Member from Precinct 4 effective May 8, 1984. next Richard F. Perry, 40 Clarke Street, received the/highest number of votes as a defeated candidate for Town Meeting Member from Precinct 4 at the Annual Town Election held March 5, 1984. As of May 9, 1984 Richard F. Perry accepted the position of Town Meeting Member from Precinct 4 to fill the vacancy caused by the resignation of Mr. Rooney. This term will expire in March 1985. 2)i ``J ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING May 9, 1984 The meeting was called to order by Lincoln P. Cole, Jr., Moderator at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:09 P.M. There were 172 Town Meeting Members present. Invocation presented by Rev. John P. Streit, Associate Rector of the Church of Our Redeemer, Episcopal. 8:11 P.M. Article 2. Margery M. Battin, Chairman of the Board of Selectmen, reported on the suggested schedule for the remaining articles. 8:13 P.M. _. School Committee Member, Patricia A. Swanson moved that line item #7920 under Article 26 be taken off the table. Adopted unanimously. 8:14 P.M. Article 26. William W. Welch, Jr. gave written notice that he would not vote on line item #7920. Edgar R. Stuhr gave verbal notice to the Moderator that he would not vote on line item #7920. The Moderator read the following motion under the operating budget: Public Schools #7920 Public School-Education 19,152,421 (Of which $11,950.00 is for out of state travel.) (As To which the sum of $220,000 in available and adopted) anticipated P.L. 874 and other Federal and State Funds, and $29,700 in available and anticipated athletic receipts is to be applied and the balance of $18,902,721 is to be raised in the tax levy. 8:16 P.M. Shepard Anthony Clough, Chairman of the School Committee, made a few introductory remarks and read the planning guidelines. At his request, Dr. J. Geoffrey Pierson was recognized in order that he could present the school budget. Dr. Geoffrey gave a ten year history of the budget with the aid of many slides. 8:30 P.M. Donald B. White said that in the future he would like to see the major categories divided for two or three years information. 8:35 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, said that with the increase in the school budget for the next two years, it will be hard to stay within the limits of Prop 2 1/2. His committee would like to make an examination of the school budget like the one that is given to the town budget. He added that this is the largest increase in seven years. 8:39 P.M. Mr. Clough answered that the School Committee would welcome as much scrutiny as anyone would care to give. 8:40 P.M. Daniel L. McCabe voiced the concern of the Capital Expenditures Committee in regards to the budget. 8:40 P.M. Concerns were also raised by George A. Burnell and Frank Sandy. John Orin Hayward who voiced his interest in education stated that he opposed any move to adjust this budget. 8:48 P.M. School Committee Member, Patricia A. Swanson, speaking in support of the budget, said that there was a 5 1/2% raise for school personnel and with the closing of five schools they had saved $5,000,000. 8:55 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) 211 Article 26. Line item #7920 (Cont.) Robert M. Hutchinson, Jr. , Town Manager, answered that the total town budget is up 4.6% and not 5.5%. 8:56 P.M. Albert P. Zabin said that there is no role in government as import- ant as the education of the children. The decisions made will affect their future. 9 P.M. Jacquelyn H. Ward spoke of the increase in the town's expense budget but the Town Manager countered that the town expense budget included appropriations for the school department such as: unemploy- ment compensation - 9% for school employees; debt service, which is declining; workmen's compensation; pensions; and health insurance is the major item. He added that the data that the School Committee had given tonight was very good. 9:10 P.M. Main motion under line item #7920 was declared adopted by voice vote. 9:10 P.M. Graydon M. Wheaton served notice of reconsideration of line item #7920 under Article 26. 9:11 P.M. Article 43. (See Page 353) PUBLIC WORKS EQUIPMENT & 354) Presented by Robert F. Sacco. (As MOTION: That the sum of $175,000 be appropriated for the purchase adopted) 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. 9:11 P.M. Mr. Sacco listed the equipment to be replaced and the new equip- ment to be purchased. 9:13 P.M. Daniel L. McCabe moved that the sum of $175,000 be replaced by the sum of $150,000. 9:13 P.M. Mr. McCabe explained that the Capital Expenditures Committee was , not asking that any specific piece of equipment be rejected, although the generator and wing plow would be on their list. They were just hoping to reduce the amount of the expenditure. 9:15 P.M. Mr. Sacco answered that he felt that the figures were realistic and was not in favor of the McCabe motion. 9:17 P.M. Mr. McCabe's motion to amend was declared lost by voice vote and although Mr. McCabe doubted the decision, there were less than the required twenty members standing in agreement with him. 9:17 P.M. Main motion as presented by Mr. Sacco declared adopted unanimously. 9:17 P.M. Article 44. AUTHORIZATION TO USE CHAPTER 90 FUNDS FOR STREET IMPROVEMENTS Presented by Margery M. Battin. (As MOTION: That the Treasurer with the approval of the Selectmen be adopted authorized to issue Highway Reimbursement Notes of the Town under but then G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement amended, by the Commonwealth for highway reconstruction and improvements See Page under the authority of Chapter 90 of the General Laws as funded by 384 for Chapter 732 of the Acts of 1981, Chapters 191 and 335 of the Acts new adopted motion.) cl- (441 613 4 (Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) Article 44. of 1982, Chapter 289 of the Acts of 1983, and Chapter 637 of the (Cont. ) Acts of 1983; and that 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 obligation; and that the Select- men are authorized to accept highway funds from all sources. 9:18 P.M. Mrs. Battin explained that the Chapter 90 funds would be used for: Resurfacing $150,000.00 Hancock Street (Reconstruction) 111,677.50 North Lexington (Bedford Street) 100,000.00 9:22 P.M. --1 Esther S. Arlan asked at what point the town would receive the $50,000 from the business community and Iris G. Wheaton stated that she would like to see the $100,000 on Bedford Street dropped. 9:28 P.M. Renee T. Cochin moved to amend by motion by reducing the sum by $100,000 but the Moderator ruled that the motion was out of order. 9:30 P.M. Richard A. Michelson served notice of reconsideration of Article 43. 9:30 P.M. Article 44. Many question were raised and opposition was voiced by some of the (Cont.) Precinct 7 Members. Iris G. Wheaton said that Precinct 7 does not like the plan and that it is time for cooperation. She added that there should be a public hearing on the 25% funding plan. 9:40 P.M. Iris G. Wheaton moved that the following words be added at the end of the motion: none of these funds be used for the Bedford Street roadway improvements. 9:40 P.M. Mrs. Battin urged that this amendment be defeated. She said that this is not for complete final plans. 9:40 P.M. Martin L. Hagerty spoke in opposition as a resident and member of Precinct 7. 9:44 P.M. Mrs. Wheaton's motion to amend 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 8 James A. Cataldo 8 2 1 Karen A. Dooks 17 3 13 Marian C. Reilly 4 4 2 Peter C. J. Kelley 9 5 6 Julie F. Triessl 6 6 6 John S. Willson 12 7 10 Graydon M. Wheaton 1 8 2 Benjamin H. Golini 9 9 4 L. Gail Colwell 15 •••••••• At Large 4 Michael J. O'Sullivan 19 Totals 56 100 Mrs. Wheaton's motion to amend was not adopted. 9:48 P.M. Charles H. Cole, II, a Director of the Drummer Boy Association, representing 150 families in Precinct 7, spoke in favor of the main motion. 9:50 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) 363 Article 44. Frank Sandy brought up the Hartwell Connector and Mary W. Miley (Cont.) said that she was delighted that it was still being discussed. 9:56 P.M. Main motion as presented by Mrs. Battin was declared adopted by voice vote. 9:57 P.M. Martin L. Hagerty served notice of reconsideration of Article 44. (See Pages 382-384) 9:57 P.M. Article 45. STREET CONSTRUCTION AND LANDTAKING Margery M. Battin moved to table Article 45. (See Page 386) Adopted unanimously. 9:58 P.M. Article 46. STREET ACCEPTANCE AND CONSTRUCTION Margery M. Battin moved to table Article 46. (See Pages 386 & 387) Adopted unanimously. 9:58 P.M. Article 47. STREET ACCEPTANCE - FIFER LANE DRUMMER BOY WAY Presented by Iris G. Wheaton. (Not MOTION: That the Selectmen be instructed to take the necessary adopted) steps to establish a town way, and accept the layout of as a town way the following streets: (A) Fifer Lane from Winter Street, a distance of 2,500 feet, more or less, to end; (B) Drummer Boy Way from the Hartwell Avenue jug-handle off Bedford Street, a distance of about 1,600 feet, more or less, to Fifer Lane. 9:58 P.M. At Mrs. Wheaton's request, Charles H. Cole, II, was recognized and he spoke for the Drummer Boy Association in favor of this motion. 9:59 P.M. John F. McLaughlin stated that the Board of Selectmen unanimously opposed this motion. 10:01 P.M. Mrs. Wheaton informed the meeting that she had been asked to present this motion by a resident of Precinct 7 but that she very definitely opposed it. 10:02 P.M. John J. McWeeney and Manfred P. Friedman both spoke in opposition. They did not want to start a precedent for other condominium areas as the streets are not built to town specifications. Mr. Friedman read from an agreement by the Drummer Boy Proposal before construct- ion stating that the town would not be responsible for maintaining the streets within the area. 10°04 P.M. Main motion, as presented by Mrs. Wheaton, was unanimously defeated by voice vote. 10:05 P.M. Article 48. PARKING IMPROVEMENTS John F. McLaughlin moved to table Article 48. (See Page 387) Adopted unanimously. 10:05 P.M. 364: (Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) Article 49. (See Page 359.) Article 50. WESTVIEW CEMETERY DEVELOPMENT Presented by John F. McLaughlin. MOTION: That the sum of $30,000 be appropriated for the development of Westview Cemetery, and to raise such amount, $21,000 be transferred from the Westview Sale of Lots Fund and that $9,000 be raised in the tax levy. Adopted unanimously. 10:07 P.M. Article 51. FIRE DEPARTMENT COMMUNICATIONS Presented by Robert F. Sacco. (As MOTION: That the sum of $43,000 be appropriated to purchase alarm adopted) registers and radio equipment for the Fire Department, and that such amount be raised in the tax levy. 10:07 P.M. Mr. Sacco explained that $2,000 is to replace the tape recorder; $23,000 is to replace old radio equipment; and $18,000 for alarm registers. 10:10 P.M. William J. Dailey, Jr. moved that the sum of $43,000 be deleted from this motion and that the sum of $25,000 be substituted. 10:10 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said that his committee agreed with the motion of the Appropriation Committee as presented by Mr. Dailey. They are not against the purchase of the alarm registers but feel that the expenditure should be put off for two years - for the FY 87 budget. 10:11 P.M. r.. Fire Chief John Bergeron answered many questions and showed slides to aid in his explanation. Mr. Dailey's motion to amend was declared lost by voice vote. 10:22 P.M. Main motion as presented by Mr. Sacco adopted by voice vote. 10:22 P.M. Article 52. LIBRARY COMPUTER Presented by Frederick C. Frick. (As MOTION: That the sum of $150,000 be appropriated for a computerized adopted) circulation system at Cary Memorial Library, and that such amount be raised in the tax levy. 10:23 P.M. Mr. Frick gave an explanation of the proposal and of the need. He is the Chairman of the Citizens Advisory Committee to the Library and as such urged support of this motion adding that it is a one time expenditure. 10:30 P.M. Richard A. Michelson served notice of reconsideration of Article 51. 10:30 P.M. Article 52. Michael J. O'Sullivan and Jacquelyn H. Ward voiced the support of the (Cont. ) Appropriation Committee and the Capital Expenditures Committee respectively. 10:34 P.M. Main motion as presented by Mr. Frick declared adopted unanimously. 10:34 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) 3();) Margery M. Battin moved that this meeting be adjourned to Monday, May 14, 1984 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:34 P.M. A true copy. Attest: 7441144, 7i6 a Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 14, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:10 P.M. There were 181 Town Meeting Members present. __. Invocation presented by the Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. 8:12 P.M. Article 2. Paul W. Marshall told the meeting that when Articles 53 and 54 come before the meeting that he would move that they be tabled. They would then proceed to Articles 55 through 67. 8:14 P.M. Shepard Anthony Clough, Chairman of the School Committee, filed the report on Article 46 of the 1983 Town Meeting which provided $50,000 for the purchase of modems and related equipment which allowed the school and a selected town site to communicate with the school district's DEC 11/70 minicomputer. For the school committee, he acknowledged the support of several groups in the town. 8:17 P.M. Article 53. TOWN COMPUTER SYSTEM Paul W. Marshall moved to table Article 53. (See Pages 372 & 373) Adopted unanimously. 8:17 P.M. Article 54. TELEPHONE SYSTEM Paul W. Marshall moved to table Article 54. (See Pages 373 & 374) Adopted unanimously. 8:17 P.M. 366 (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) Article 55. INSPECTION MICROFILM PROGRAM Presented by Paul W. Marshall. MOTION: That the sum of $18,000 be appropriated for a microfilm program in the Inspection Department, and that such amount be raised in the tax levy. Adopted unanimously. 8:19 P.M. Article 56. HANDICAPPED IMPROVEMENTS - CARY MEMORIAL BUILDING Presented by Margery M. Battin. MOTION: That the sum of $60,000 be appropriated for making renovations for handicapped access to Cary Memorial Hall, and to raise such amount, $60,000 be transferred from the Reserve Fund - Overlay Surplus. 8:20 P.M. Mrs. Battin explained that this appropriation is to design and construct a handicapped entrance to Cary Hall and also to construct a handicapped toilet facility. 8:21 P.M. Adopted unanimously. 8:21 P.M. Margery M. Battin stated that she would now resubmit Article 13 to the town meeting as voted at the April 4, 1984 session of this meeting. (See Page 296) Article 13. BY-LAW AMENDMENT - VISIBILITY AT INTERSECTIONS Margery M. Battin moved that Article 13 be indefinitely postponed. ' Adopted unanimously. 8:25 P.M. Article 57. SENIOR CENTER Presented by Robert F. Sacco. MOTION: That the sum of $50,000 be appropriated to purchase furniture for the Senior Center, and to raise such amount, $50,000 be transferred from the Reserve Fund - Overlay Surplus. 8:25 P.M. William J. Dailey, Jr. said that the Appropriation Committee recommended favorable action as did the Capital Expenditures Committee according to Daniel L. McCabe. 8:25 P.M. Adopted unanimously. 8:25 P.M. Article 58. CONSERVATION LAND TRANSFER Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to convey Lot 216 on Assessors' Property Map 72 to Joseph J. Murphy and Marjorie P. Murphy on such terms as they may determine, and that the Selectmen be and they hereby are authorized to petition the General Court for an act to permit such conveyance. 8:26 P.M. Mrs. Frick explained that none of this land is developable. Adopted unanimously. 8:28 P.M. Article 59. (See Pages 337-340. Pages 374-380.) (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) Sam V. Nablo moved that Article 63 be taken up at this time. Adopted unanimously. 8:29 P.M. Article 63. PURCHASE AND CONSTRUCTION OF LIGHTING FOR CENTER #2 SOFTBALL FIELD Presented by Sam V. Nablo. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 8:30 P.M. Sam V. Nablo moved for reconsideration of Article 63. 8:30 P.M. Mr. Nablo gave an explanation and spoke of the long range plan of the Recreation Committee. 8:40 P.M. Mr. Nablo's motion to reconsider Article 63 was unanimously defeated. 8:41 P.M. Article 60. DEVELOPMENT OF LINCOLN STREET RECREATION AREA Presented by Carolyn C. Wilson. (Not MOTION: That the sum of $20,000 be appropriated to conduct a adopted) feasibility study and test borings for the development of the Lincoln Street Recreation Area as determined by the Recreation Committee with (See the approval of the Selectmen, and to raise such amount, $20,000 be Page 381 transferred from the Reserve Fund - Overlay Surplus. for motion 8:42 P.M. as adopted) At Mrs. Wilson's request, Recreation Committee Member Robert N. Eby was recognized. Mr. Eby voiced his concern in regards to the fields in the town which are greatly overused. He told the meeting that the Lincoln Street field was formerly the town dump from 1920 until it was closed in 1963. The site is uneven and pot-holed. There are two softball fields and one soccer field. Anthony G. Galaitsis was recognized and, with the aid of slides, told of the need and conditions of some of the fields. 8:53 P.M. James E. Barry questioned the validity of the soil tests and said that he would rather spend the money on the field itself. 8:55 P.M. Ephraim Weiss, speaking against the motion, said that the land is not stable and will not be stable for many years. 9 P.M. William J. Dailey, Jr. said that the Appropriation Committee does not recommend favorable action. They question how it will be funded when the final plans are brought in. He admits that the fields need maintenance and repair and feels that the money would be more wisely spent if it was used for other. fields. 9:05 P.M. Paul W. Marshall said that the Selectmen unanimously supported this motion. He added that they would be buying information as it is an engineering study. 9:10 P.M. Shepard Anthony Clough voiced the unanimous support of the School Committee. 9:17 P.M. Selectman John F. McLaughlin, speaking in favor, said that we should do the study so that we can finally stop talking about it. The town should know then whether it is developable or not. 9:24 P.M. 91:n i (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) Article 60. In speaking of the poor shape of the soccer fields, Laura F. (Cont.) Nichols said that the town has chosen very bad sites for fields. She would rather have them find some high dry land and build some new fields. 9:25 P.M. In response to a question by William W. Welch, Jr. , Town Engineer Frank Fields answered that they do not have any analysis of ground- water or hazardous waste. 9:26 P.M. Daniel L. McCabe said that the Capital Expenditures Committee has recommended the $20,000 appropriation for this year but would not recommend any future spending until all of the fields have been brought up to standard. 9:27 P.M. There was general discussion and many questions raised by many of the members. Voice vote on Mrs. Wilson's motion was doubted by the Moderator so he asked for a standing vote with the following results: Precinct In Favor Tellers Opposed 1 2 Nancy L. Barter 15 2 11 Karen A. Dooks 8 3 2 Marian C. Reilly 16 4 8 Peter C. J. Kelley 5 5 2 Julie F. Triessl 13 6 11 John S. Willson 6 7 5 Clarice B. Gordon 8 8 2 Benjamin H. Golini 13 9 13 L. Gail Colwell 7 At Large 18 John R. Campbell 10 Totals 74 101 Motion, as presented by Mrs. Wilson, was not adopted. 9:37 P.M. Sam V. Nablo served notice of reconsideration of Article 60. 9:37 P.M. (See Pages 381 & 382) Article 61. CLARKE TENNIS COURTS Presented by Leo P. McSweeney. MOTION: That the sum of $7,500 be appropriated for the repair and resurfacing of the four tennis courts located at Clarke Jr. High as determined by the Recreation Committee with the approval of the Selectmen, and that such amount be raised in the tax levy. 9:38 P.M. Mr. McSweeney gave a brief description of the project and said that the work would be supervised by the D.P.W. 9:42 P.M. Laura F. Nichols asked if there was any peat under the tennis courts. Mr. McSweeney answered that there was none that they were aware of. Adopted unanimously. 9:42 P.M. Article 62. RECONSTRUCTION OF ADAMS PLAYGROUND PLAYFIELD Presented by Carolyn C. Wilson. (As MOTION: That the sum of $15,000 be appropriated to refurbish the adopted) playing field area at Adams Playground as determined by the Re- creation Committee with the approval of the Selectmen, and that such amount be raised in the tax levy. 9:42 P.M. 9 04 (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) Article 62. Elaine Dratch asked that Marjorie Daggett be recognized. Mrs. (Cont.) Daggett spdke ,in favor of the motion on behalf of the Lexington Youth Soccer. 9:46 P.M. Daniel L. McCabe stated that the Capital Expenditures Committee had changed their report and now recommended favorable action. 9:46 P.M. Shepard Anthony Clough voiced the unanimously support of the School Committee. 9:47 P.M. Marian C. Reilly asked if the field was used by the Waldorf School and Mrs. Wilson answered that they use it for gym but not for competitive teams. Main motion, as presented by Mrs. Wilson, declared adopted unanimously. 9:47 P.M. Article 63. (See Page 367) Article 64. HOUSING - MORROW CROSSING UNITS Presented by John F. McLaughlin. MOTION: That the sum of $120,000 be appropriated to purchase two units at the Morrow Crossing development, so-called, or equivalent units, for housing purposes consistent with an agreement entered into prior to -the vote under Article 77 of the warrant for the 1979 Annual Town Meeting, and that such amount be raised in the tax levy. 9:47 P.M. William J. Dailey, Jr. said that the Appropriation Committee does not recommend favorable action on this motion. They feel that the units should be acquired by a non-profit organization like Lex-Hab. 9:55 P.M. Mr. McLaughlin urged support of the motion. 9:58 P.M. Adopted by voice vote. 9:58 P.M. Article 65. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM Presented by John C. Eddison. MOTION: That the sum of $155,000 be appropriated for a local transportation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and ex- pend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to-contract with a-private transit company to provide transportation services. 9:58 P.M. Mr. Eddison told the meeting that the town would receive a payment from the M.B.T.A. of $60,000 and he commended the Transportation Advisory Committee, Sally Castleman as Chairman and Sara Arnold as coordinator for the devotion and work that has been done by these people. 10:02 P.M. Mrs. Castleman stated that the town is completing the first year of a three year contract and showed statistics with the aid of slides. 10:05 P.M. Adopted unanimously. 10:05 P.M. Article 66. CMARC Presented by John C. Eddison. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Board of Health under G.L.c. 40s.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 370 (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) Article 66. from the Town shall be earmarked toward a program or purpose (Cont. ) designated by the Board of Selectmen, and that such amount be raised in the tax levy. 10:06 P.M. Mr. Eddison said that CMARC provides services to six Lexington residents at the present time. 10:07 P.M. Adopted unanimously. 10:07 P.M. Article 67. HAZARDOUS WASTE COLLECTION A Presented by John C. Eddison. MOTION: That the sum of $3,000 be appropriated for a contract with (See a licensed hazardous wastes transport, storage and disposal company Page to collect and dispose of residential hazardous wastes; that such 371 amount be raised in the tax levy; and that the Selectmen be author- for ized to select the contractor and to set user fees and take all adopted other steps necessary to carry out this project. motion) 10:08 P.M. Mr. Eddison stated that the Board of Selectmen supported this motion. 10:09 P.M. Elizabeth H. Clarke moved to amend by making the following resolution: Resolved: That funds for household hazardous waste collection be henceforth included as an annual appropriation in the Board of Health budget. 10:10 P.M. Mr. Eddison said that the Board of Selectmen had no objection to it being a line item each year but on the other hand it might not be necessary each year. 10:12 P.M. Richard A. Michelson urged that it be a separate line item or a separate article. 10:13 P.M. James E. Barry supported the motion but does not like the user fees. 10:14 P.M. Mr. Eddison replied that the first five gallons of hazardous waste is free but anything over would be charged. 10:15 P.M. Mr. Barry again stated that he did not like the user fees, not unless it was for industrial Mr. Eddison answered that the user fees is to discourage industrial use. 10:16 P.M. Jacquelyn H. Ward recommended that we vote down this amendment as this item should be kept separately and voted on each year. 10:17 P.M. Voice vote on Mrs. Clarke's amendment was doubted by the Moderator so he asked for a standing vote with the following results: Precinct In Favor Tellers Opposed 1 5 Nancy L. Barter 10 2 9 Karen A. Dooks 7 3 7 Marian C. Reilly 7 4 5 Peter C. J. Kelley 8 5 3 Julie F. Triessl 10 6 10 John S. Willson 8 7 6 Clarice B. Gordon 6 8 2 Benjamin H. Golini 14 9 8 L. Gail Colwell 10 At Large 12 John R. Campbell 13 Totals 67 93 Mrs. Clarke's motion to amend was not adopted. 10:21 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) 3 `I_ Article 67. Mary W. Miley moved that the following words be added to the end (Cont. ) of the motion: Hazardous waste collection shall be an article in the annual town meeting warrant when the selectmen deem it necessary. 10:22 P.M. Gerald L. Abegg moved to amend the amendment by striking the words "when the selectmen deem it necessary". 10:27 P.M. Mr. Abegg's motion to amend the amendment was declared adopted by voice vote. 10:28 P.M. Mrs. Miley's motion to amend, as amended by Mr. Abegg, now reads: That the following words be added to the end of the motion: Hazardous waste collection shall be an article in the annual town meeting warrant. Mrs. Miley's motion to amend, as amended by Mr. Abegg, was adopted by voice vote. 10:28 P.M. James E. Barry moved to amend the motion by striking the words "by user fees". 10:29 P.M. Mr. Barry's motion to amend was declared lost by voice vote. 10:30 P.M. Main motion presented by Mr. Eddison, amended by Mrs. Miley and Mr. Abegg now reads: (As MOTION: That the sum of $3,000 be appropriated for a contract with adopted) a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes; that such amount be raised in the tax levy; and that the Selectmen be author- ized to select the contractor and to set user fees and take all other steps necessary to carry out this project. Hazardous waste collection shall be an article in the annual town meeting warrant. Adopted by voice vote. 10:30 P.M. John C. Eddison moved that this meeting be adjourned to Wednesday, May 16, 1984 at 8 P.M. in Cary Memorial Hall. 10:30 P.M. Adopted by voice vote. 10:30 P.M. A true copy. Attest: �1 ;4 t Mary R. McDonough, Town Clerk t. ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 16, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:04 P.M. There were 183 Town Meeting Members present. Invocation presented by Rev. John Prusaitis, Associate Pastor of St. Brigid's Church. 8:05 P.M. Margery M. Battin, Chairman of the Board of Selectmen, presented two . teachers who had received Exemplary Teach Awards and read the following proclamation: EXEMPLARY TEACHER AWARDS WHEREAS: Lexington prides itself on being the Birthplace of American Liberty; and WHEREAS: Continuation of American democratic government depends upon an educated electorate; and WHEREAS: Excellence in education demands excellence in teaching; and WHEREAS: The Battle Green Chapter, Order of DeMolay, has named Gloria M. Fitzgerald and Alan M. Cooper as recipients of its 1984 Exemplary Teacher Awards; and WHEREAS: Gloria M. Fitzgerald and Alan M. Cooper were nominated and selected for these awards by their peers as symbols of the qualities most valued in all public school teachers; NOW THEREFORE: The Town of Lexington commends and thanks Gloria M. Fitz- gerald and Alan M. Cooper for their exemplary service. BOARD OF SELECTMEN 8:07 P.M. Shepard Anthony Clough, Chairman of the School Committee, saluted the teachers and expressed appreciation for their efforts. 8:10 P.M. Both teachers received a standing ovation from the meeting. 8:10 P.M. Article 2. Margery M. Battin listed the articles in the order that the Selectmen planned to present them. 8:12 P.M. In answer to a request by Robert I. Rotberg, Robert M. Hutchinson, Jr. , Town Manager said that he would have the welcome to Town of Lexington signs that are at the different entrances to town checked and that he would report back to the Board of Selectmen. Mr. Rotberg felt that they should be clearer. 8:12 P.M. John F. McLaughlin moved that Article 53 be taken from the table. (See Page 365) Adopted unanimously. 8:12 P.M. Article 53. TOWN COMPUTER SYSTEM Presented by John F. McLaughlin. (As MOTION: That the sum of $250,000 be appropriated for the purchase adopted) and/or lease of computer equipment and related supplies and services, and that such amount be raised in the tax levy. 8:13 P.M. Mr. McLaughlin gave a brief explanation of the proposal and asked that Dr. David Gilbert, Vice President of Strategic Information be recognized. Dr. Gilbert, a member of the Data Processing Advisory Task Force, gave a history of the Task Force. With the aid of slides, Dr. Gilbert showed the Committee activities, Review and Analysis, Current Account and Information Environment, Committee Recommendations etc. As to personnel impacts, he said that there will be no reduction in head count. He reviewed costs and savings. 8:42 P.M. (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) 3 Article 53. Margaret N. Brooke voiced concern over lack of information on this (Cont. ) proposal, mainly regarding the report of the committee. The Town Manager answered that all meetings of the committee were public meetings and that the report had been available for anyone who wished to see it. 8:43 P.M. John Orin Hayward had presented a list of questions for clarifica- tion, prior to the meeting, and Dr. Gilbert went down the list and answered them, sometimes with aid from the Town Manager. At one point Mr. Hayward voiced his displeasure with the order of the answers to his ten questions and because of the many times that he had arisen, with no other member being recognized, Paul W. Marshall raised a point of order. The Moderator ruled that Mr. Hayward was out of order and that he would recognize other members, and, after they had spoken, he would recognize Mr. Hayward again if he wished to speak. 8:57 P.M. Michael J. O'Sullivan and Daniel L. McCabe voiced the support of the Appropriation Committee and the Capital Expenditures Committee respectively. 8:59 P.M. Many questions were raised but were ably answered by Dr. Gilbert and the Town Manager. 9:16 P.M. Elaine Dratch moved the previous question which was declared adopted by voice vote. 9:16 P.M. Main motion as presented by Mr. McLaughlin was declared adopted unanimously. 9:17 P.M. Paul W. Marshall moved that Article 54 be taken from the table. (See Page 365) Adopted unanimously. 9:17 P.M. Article 54. TELEPHONE SYSTEM Presented by Paul W. Marshall. (As MOTION: That the sum of $116,000 be appropriated to convert the adopted) existing telephone system in public buildings to a new system, and that such amount be raised in the tax levy. 9:17 P.M. Mr. Marshall gave an explanation of the proposal showing needs, costs etc. 9:23 P.M. Robert M. Hutchinson, Jr. , Town Manager, told the meeting that all of the proposals that they had received had the first year mainten- ance free. He said that the vendor with the best proposal was Nynex and the equipment to be used was GTE. 9:25 P.M. Michael J. O'Sullivan said that the Appropriation Committee supported this article with the $116,000 appropriation. 9:27 P.M. According to Mr. Marshall, there was a question whether there would be one or two switchboards (one in the school department and one in the town office building) but they were leaning toward the one switchboard as it would be more cost effective. 9:28 P.M. Julian J. Bussgang expressed concern if we go to the lowest cost system as it could cost more money in the end. The lowest is not always the best. 9:30 P.M. Mr. Marshall said that the selection was based on six vendors with the Town Manager as the decision maker. In the future this system could tie into the cable system. 9:31 P.M. In answer to a question by Donald B. White, the Town Manager said that the original amount of $30,000 was put in as they had no idea what the system would cost. Having worked with the figures he said that he would now insert the figure of $116,000. 9:33 P.M. OM A °e (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) Article 54. Answering Robert I. Rotberg, Mr. Hutchinson said that there would (Cont. ) not be direct lines to the various departments as it would not be cost effective. 9:35 P.M. Daniel L. McCabe said that the Capital Expenditures had questioned the original request for $30,000 and were definitely questioning the new request for $116,000 but would support it. 9:35 P.M. Main motion as presented by Paul W. Marshall was declared adopted by voice vote. 9:36 P.M. The Moderator introduced Donald McKenzie, Moderator of the Town of Acton, but who was attending the meeting as a representative of Nynex. Mr. McKenzie ftemmot said that he had been impressed with the meeting to this point and picked up some pointers from Moderator Cole that he would use at the Acton town meetings. 9:37 P.M. Frank Sandy moved reconsideration of Article 59. (See Page 340) 9:37 P.M. Moderator Lincoln P. Cole, Jr. said that he would not vote on Article 59 nor would he preside and immediately turned the meeting over to Town Counsel, Norman P. Cohen who presided as Temporary Moderator through the final vote on Article 59. 9:38 P.M. Frank Sandy spoke in favor of reconsideration as did David G. Williams and Francis W. K. Smith, both members of the Conservation Commission. Mr. Williams spoke of a joint meeting held last Saturday morning with the owners, Board of Selectmen, Conservation Commission, Appropriation Committee, Capital Expenditures Committee and the School Committee. He said that the owners would not sell to the town if they do not have the fifty year lease, no matter what the price. Mr. Smith showed a slide to identify the location of the property in question. 9:52 P.M. School Committee member urged reconsideration of Article 59, mainly that more information could be gained. 9:53 P.M. After discussion, Mr. Sandy's motion for reconsideration of Article 59 was adopted by voice vote. 10:08 P.M. Article 59. (See Pages 337 - 340) CONSERVATION LAND PURCHASE Norman P. Cohen read the motion as presented by Francis W. K. Smith and amended by Paul W. Marshall at the April 30, 1984 session of this meeting: MOTION: (a) That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to (Not take by eminent domain, upon the written request of the Conserva- adopted) 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 the land shown as Lots 63, and 68 on Assessors' Property Map 66, now or formerly of Pine Meadows Country Club, Inc. ; that the town acquire Lot 64 on Assessors' Property Map 66 for general town purposes including recreation, road and housing purposes; that the sum of $1,850,000 be appropriated for such land acquisi- tion and that to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $1,850,000 under G.L. c.44 s.7; (b) That the Selectmen be and they hereby are authorized to lease said Lot 63, a portion of Lot 64 and any contiguous land necessary for the operation of a golf course, in order to continue the use of the land as a golf course, for a period of fifty years and on such other terms as the Selectmen may determine; (c) That the Selectmen be and they hereby are authorized to petition the General Court for an act to permit the Town to finance and carry out this project. 10:10 P.M. 6 � (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) rife) Article 59. Francis W. K. Smith moved that the motion under Article 59 be (Cont.) amended by striking the words "a portion of Lot 64" from paragraph (b) . Adopted by voice vote. 10:13 P.M. Marshall J. Derby moved that the motion under Article 59 be amended by adding at the end: "No bond or other debt financing instrument will be used to finance the purchase of the land in this Article -- unless all principal and interest payments of said debt instrument are outside the town spending limitation imposed by Proposition 2 1/2". 10:15 P.M. Mr. Derby said that if his amendment is defeated that he urged defeat of the main motion. 10:17 P.M. Julian J. Bussgang said that if we used free cash there would be no problem but the Town Manager said that after the conclusion of this meeting, with the deductions from free cash, there would be very little money left. 10:18 P.M. William J. Dailey, Jr. said that it will be the desire of the Appropriation Committee to defeat this motion.: 10:20 P.M. Mr. Derby's motion to amend was declared lost by voice vote. 10:22 P.M. Donald D. Wilson asked if there was a current abatetment on this property and Mr. Smith answered in the affirmative. Mr. Wilson brought up Chapter 61B and its consequences and how it would affect this property. 10:23 P.M. Anthony L. Mancini said that the owners of this property do not want to sell the land and also discussed Chapter 61B, reading sections of the chapter. 10:28 P.M. Paul Rif fin wanted to go on record as supporting this article and he asked for a roll call vote when the vote is taken. More than fifty members stood in agreement with this request so the Moderator stated that the vote would be taken by a call of the rolls. 10:29 P.M. Selectmen John F. McLaughlin spoke in opposition and said that he felt that "it is a lousy deal". 10:38 P.M. Peter Staecker of 167 Cedar Street, a resident for eleven years, spoke from the balcony urging support of the article. He gave the results of a poll that he had taken in the neighborhood: 83 in favor, one against and one didn't care. 10:41 P.M. James Cataldo moved the previous question which was declared lost by voice vote. 10:42 P.M. Daniel A. Lucas suggested that there could be private donations made from the people in Lexington to purchase this land. 10:42 P.M. Sandra J. Shaw spoke in support and Patricia A. Swanson reiterated Mr. Mancini's statement that the owners do not want to sell. 10:49 P.M. Jacquelyn H. Ward, although she stated that she supported conserva- tion, urged defeat of this motion. 10:51 P.M. Albert P. Zabin, speaking in favor, said that if we do not buy the land that it will be developed. 10:57 P.M. Gt r';` 3 . w �� (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) Article 59. George A. Burnell moved that at the end of (b) the following words (Cont. ) be added:. provided that any lease, including renewals, of the property be limited to a total of no more than fifty (50) years. Lost by voice vote. 11:05 P.M. William T. Spencer asked whether the owners wanted to sell or not. Mr. Smith said that they are willing to sell but not in going out of business. If the town does not buy the land, they will sell. 11:09 P.M. VIMMOM Thomas E. Fortmann said that if we don't buy this land tonight, that it will be a real tragedy for the town. 11:10 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended unfavorable action. He added that long term bonding is not the answer. The land is taxed under Chapter 61B. He said that the deal is monstrous from a financial aspect. 11:22 P.M. Daniel L. McCabe voiced the opposition of the Capital Expenditures Committee. 11:26 P.M. Donald B. White spoke against the proposal. 11:29 P.M. Mary W. Miley moved the previous question which was declared adopted by voice vote. 11:31 P.M. The roll call vote on the main motion presented by Francis W. K. Smith, amended by Paul W. Marshall and Mr. Smith was taken by the Town Clerk, Mary R. McDonough, starting at 11:32 P.M. and completed at 11:40 P.M. The final tally was completed at 11:45 P.M. with the following results: (Final result announced by the Temporary Moderator at 11:45 P.M.) ROLL CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59 .� PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x Nancy L. Barter x Robert E. Breslin x Sheila Busa-Tassone x James Cataldo x James A. Cataldo x Chang Chih Chao x Sheila Clemon-Karp x David F. Eagle x Nancy C. Gordon x Patricia K. Hagedorn x Ronald Levy x Laurel A. Macauda x John W. Maloney x Barry E. Sampson x James S. Wilson x Albert P. Zabin x Judith L. Zabin TOTALS 9 11 0 1 (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) 3 7 7 Article 59. ROLL CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59 (CONT.) (Cont.) PRECINCT TWO YES NO ABSTAINED ABSENT Elizabeth H. Clarke x Eric T. Clarke x Karen A. Dooks x Leonora K. Feeney x Casimir R. Groblewski x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x Elizabeth H. Pressman x Vicky L. Schwartz x George S. Silverman x Arthur C. Smith x John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 7 12 0 2 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Elizabeth M. Flynn x Jean Gaudet x Erna S. Greene x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x Paul V. Rif fin x Robert I. Rotberg x Francis W. K. Smith x Jacquelyn R. Smith x Richard W. Souza x TOTALS 14 6 0 1 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x William J. Dailey, Jr. x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Daniel L. McCabe x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x d !'q' (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) Article 59. ROLL CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59. (CONT.) (Cont. ) PRECINCT FOUR (Cont.) YES NO ABSTAINED ABSENT Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 15 5 0 1 PRECINCT FIVE ..... Florence A. Baturin x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Joseph F. Gilbert, Jr. x Paul E. Hamburger x John Orin Hayward x Leona W. Martin x Stephen W. Miller x Paul Newman x Madeline A. Shaughnessy x Edgar R. Stuhr x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss David G. Williams x Mary Kathryn Wolf x TOTALS 11 8 0 2 PRECINCT SIX Earl F. Baldwin, Jr. x Margaret N. Brooke x Levi G. Burnell x John F. Downey, Jr. x George E. Foote x Thomas E. Fortmann x Michael W. Golay x Elizabeth C. Haines x Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x Lisabeth M. White x John S. Willson x TOTALS 11 7 0 3 (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) 63170- �- Article 59. ROLL CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59. (Cont.) (Cont.) PRECINCT SEVEN YES NO ABSTAINED ABSENT Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Sally T. Castleman x Renee T. Cochin ' x Manfred P. Friedman x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Martin L. Hagerty x Walter N. Leutz x Mary W. Miley x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Richard B. Wolk x Martha C. Wood x TOTALS 10 9 0 2 PRECINCT EIGHT Richard H. Battin x Roger F. Borghesani x Charles E. Connolly, Jr. x Florence E. Connor x William P. Fitzgerald x Elizabeth G. Flemings x Suzanne S. Frank x Ione D. Garing x Benjamin H. Golini x William E. Maloney, Jr. x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Susan G. Plumb x Jack Sarmanian x Anne R. Scigliano x Richardson C. Smith x Carolyn H. Tiffany x Stanley E. Toye x TOTALS 11 7 0 3 PRECINCT NINE Alice J. Adler x Kenneth O. Alves x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Louis E. Conrad x Margaret E. Coppe x Anna P. Currin x Neil Gray x Deborah B. Green x IL>(� (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) Article 59. ROLL CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59. (Cont.) (Cont.) PRECINCT NINE (Cont.) YES NO ABSTAINED ABSENT William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Leo P. McSweeney x Janet Perry x Richard M. Perry x Susan J. Ricci x a James J. Scanlon x Stanley S. Wallack x TOTALS 10 10 0 1 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Shepard Anthony Clough x Norman P. Cohen x Lincoln P. Cole, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x John F. McLaughlin x Robert F. Sacco x TOTALS 4 3 3 0 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS ~' 1 9 11 0 1 21 2 7 12 0 2 21 3 14 6 0 1 21 4 15 5 0 1 21 5 11 8 0 2 21 6 11 7 0 3 21 7 10 9 0 2 21 8 11 7 0 3 21 9 10 10 0 1 21 At Large 4 3 3 0 10 TOTALS 102 78 3 16 199 The Temporary Moderator declared that the main motion as amended was not adopted as less than the required two-thirds voted in favor. 11:45 P.M. Article 2. Margery M. Battin said that the Planning Board requested that the surveys as passed out this evening should be returned to the Planning Board as soon as possible. 11:45 P.M. Margery M. Battin moved that this meeting be adjourned to Monday, May 21, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 11:46 P.M. A true copy. Attest: *a, _ r4../4-1,4411A, A lie Mary R. McDonough, Town Clerk 3S1 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 21, 1984 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 169 Town Meeting Members present. Invocation presented by Reverend Msgr. John P. Keilty, St. Brigid's Church. 8:11 P.M. A formal recess was declared. Richard A. Kraus, Senator in General Court from the Fourth Middlesex District, was recognized and honored the sixteen semi-finalists of the Lexington National Merit Scholarship awards. The following students were presented their certificates by Mr. Kraus as their names were read: Robert I. Adler Arnold H. Lee Jennifer A. Carle Eugene E. Lee Harry A. Chomsky Toby S. Lewis Jason 0. Dirks Jonathan F. Putnam Dana T. Goldman Oran Rosenthal Sheba L. Grossman Amy Schur Peter N. Ireland Frank Vittimberga John F. Kurtz Bruce K. Yap The students were given a standing ovation by the meeting. 8:16 P.M. Article 2. Margery M. Battin listed the articles the Selectmen planned to be presented. 8:20 P.M. Sam V. Nablo moved for reconsideration of Article 60. (see page 367) 8:21 P.M. Mr. Nablo spoke in favor of reconsideration and asked that Dr. Thomas K. Liu, a resident and chemical engineer knowledgeable in rehabilitation of landfills, be recognized to review technical considerations of using the Lincoln Street playing fields. 8:26 P.M. Carolyn C. Wilson of the Recreation Committee spoke in favor of recon- sideration. She asked that Ralph V. Lord, Jr., Director of Athletics at Lexington High School be recognized. Mr. Lord spoke on the advantages of having the playing fields in good condition and also having them available for the students to use. Ephraim Weiss spoke against reconsideration. After discussion and several questions of Dr. Liu, Ione G. Garing moved the previous question, which was adopted by voice vote. 8:45 P.M. Voice vote of reconsideration of Article 60 was doubted, a standing vote was taken with the following results: Precinct In Favor Tellers Opposed 1 2 Nancy: L. Barter 13 2 12 Karen A. Dooks 7 3 6 Marian C. Reilly 9 4 8 Peter C. J. Kelley 2 5 3 Julie F. Triessl 9 6 15 John S. Willson 0 7 4 Winifred L. L. Friedman 10 8 12 Benjamin H. Golini 4 9 13 L. Gail Colwell 6 At Large 20 Michael J. O'Sullivan 5 Totals 95 65 r-- Mr. Nablo's motion for reconsideration was adopted. 8:50 P.M. Article 60. DEVELOPMENT OF LINCOLN STREET RECREATION AREA (As presented by Carolyn C. Wilson. See page 367) MOTION: That_the sum of $20,000 be appropriated to conduct a feasibility study and test borings for the development (As adopted) of the Lincoln Street Recreation Area as determined by the Recreation Committee with the approval of the Selectmen, and to raise such amount, $20,000 be trans- ferred from the Reserve Fund - Overlay Surplus. 8:50 P.M. 382 (Adjourned Session of the 1984 Annual Town Meeting - May 21, 1984.) Article 60. William J. Dailey stated that the appropriation Committee recommended (cont.) unfavorable action. Paul W. Marshall speaking for the Board of Selectmen stated the Board unanimously supports this article. Daniel L. McCabe for the Capital Expenditures Committee feels the project should be studied and that committee is in favor of the article. 8:58 P.M. After discussion concerning the hazardous waste effect on the playing fields and more questions directed to Dr. Liu, Margaret E. Coppe moved the previous question, which was adopted. 9:07 P.M. Main motion as presented by Mrs. Wilson declared adopted by voice vote. 9:09 P.M. Article 2. Jacquelyn R. Smith moved that the Planning Board's report on the Housing Policy Resolution as Adopted by the 1979 Annual Town Meeting be accepted and placed on file. Also the Planning Board's Summary Report: Volume 1 HOUSING be accepted and placed on file. Adopted. 9:11 P.M. Eleanor H. Klauminzer spoke to the Town Meeting Members regarding a housing questionnaire and asked that the members fill out the ques- tionnaire and return as soon as possible. 9:16 P.M. Eric C. Clarke moved reconsideration of Article 24. (See page -355).._ - 9:17 P.M. Mr. Clarke asked the Moderator to recognize Gregory Muzzey of Temple, Barker and Sloane to show slides of changes made to original plans, eliminating the penthouse and air conditioners from the roof. 9:22 P.M. Jonathan P. Doran spoke unfavorably and urged defeat of reconsideration. 9:24 P.M. Jacqueline B. Davison requested that the Moderator recognize people in_the balcony to speak on reconsideration. Caleb Warner, Elliot Cox, Suzanne Owen and Louise Kava all urged town meeting to defeat reconsideration of this article. Jack Sarmanian, town meeting member from precinct 8 urged defeat also. 9:34 P.M. Question on reconsideration was doubted so a standing vote was taken with the following results: Precinct In Favor Tellers Opposed 1 8 Nancy L. Barter 8 2 13 Karen A. Dooks 6 3 1 Marian C. Reilly 14 4 2 Peter C. J. Kelley 8 5 5 Julie F. Triessl 9 6 9 John S. Willson 7 7 4 Winifred L. L. Friedman 12 8 3 Benjamin H. Golini 11 9 9 L. Gail Colwell 8 At Large 23 Michael J. O'Sullivan 2 Totals 77 85 Motion to reconsider defeated. 9:37 P.M. Martin L. Hagerty moved reconsideration of Article 44. (see page 361) . - 9:44 P.M. Mr. Hagerty proceeded to speak in favor of reconsideration. Mrs. Battin stated that the Board of Selectmen urges not reconsidering this article. She realizes that the situation on Bedford Street is not ideal - people who live on Bedford Street want a frontage road. 9:47 P.M. Elizabeth M. Barabush rose with a list of residents that do not want the Bedford Street project but want the Hartwell connector. She asked the Moderator to recognize Myron Miller, a former town meeting member of precinct 7 to speak in favor of reconsideration. 9:54 P.M. Sally Castleman stood in objection to the change in plans for Bedford Street. Ephraim Weiss and Marian Reilly rose in favor of reconsideration. 383 (Adjourned Session of the 1984 Annual Town Meeting - May 21, 1984) Article 44. (reconsideration cont.) Judith Uhrig said that the Planning Board does not favor reconsideration. 9:59 P.M. Alan J. Lazarus asked if we were committed to a definite plan. Mrs. Battin stated that we were not committed to a definite plan. 10:03 P.M. Time for debate having expired, a voice vote to reconsider was doubted. 10:09 'P.M. A standing vote was taken with the following results: —^ Precinct In Favor Tellers Opposed 1 5 Nancy L. Barter 8 2 5 Karen A. Dooks 14 3 11 Marian C. Reilly 4 4 4 Peter C. J. Kelley 6 5 11 Julie F. Triessl 2 6 1 John S. Willson 13 7 16 Winifred L. L. Friedman 1 8 10 Benjamin H. Golini 2 9 11 L. Gail Colwell 7 At Large 7 Michael J. O'Sullivan 19 Totals 81 76 Reconsideration prevails. 10:10 P.M. (See page 384 for Article 44. (As presented by Mrs. Battin. See page 361.) motion as adopted.) Renee_T. Cochin moved that the motion be amended to add at the end thereof the following: "provided that no funds may be expended for use in connection with planning for or reconstruction of Bedford Street." 10:11 P.M. Mrs. Battin urged defeat of this amendment. She asked that Walter J. Tonaszuck be recognized with traffic projections on Bedford Street and Hartwell Road. 10:19 P.M. After much discussion a voice vote on the amendment was doubted. 10:29 P.M. A standing vote was taken with the following results. Precinct In Favor Tellers Opposed 1 5 Nancy L. Barter 8 2 2 Karen A. Dooks 16 3 8 Marian C. Reilly 5 4 2 Peter C. J. Kelley 8 5 9 Julie F. Triessl 4 6 0 John S. Willson 16 7 14 Winifred L. L. Friedman 2 8 6 Benjamin H. Golini 8 9 4 L. Gail Colwell 13 At Large 1 Michael J. O'Sullivan 24 Totals 51 104 Mrs. Cochin's amendment defeated. 10:32 P.M. Sally Castleman spoke against Article 44 stating that the plan is not right. She submitted an amendment which was declared out of order. 10:49 P.M. LA recess was declared to work on Mrs. Castleman's amendment. 10:49 P.M. After reconvening, and more discussion, Mrs. Castleman moved that Article 44 be amended by adding the following resolution at the end thereof: "Be it resolved that it is the sense of this Town Meeting that it is opposed to the currently proposed Bedford St. roadway improvements or any plan which cuts off access to and from Eldred St." Adopted. 10:56 P.M. 384 (Adjourned Session of the 1984 Annual Town Meeting - May 21, 1984) Article 44. (cont.) William J. Maloney moved previous question. Adopted by voice vote. 10:56 P.M. Main motion presented by Mrs. Battin and amended by Mrs. Castleman now reads: Article 44. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by (As adopted) Chapter 732 of the Acts of 1981, Chapters 191 and 335 of the Acts of 1982, Chapter 289 of the Acts of 1983, and Chapter 637 of the Acts of 1983; and that 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 obligation; and that the Selectmen are authorized to accept highway funds from all sources. Be it resolved that it is the sense of this Town Meeting that it is opposed to the currently proposed Bedford St. roadway improvements or any plan which cuts off access to and from Eldred St. Main motion as amended, adopted by voice vote. 10:58 P.M. John F. McLaughlin moved that Article 10 be taken off the table at this time. Defeated. 11:00 P.M. Mr. McLaughlin moved to adjourn this session of town meeting to Wednesday, May 30, 1984 at 8 P.M. Richard A. Michelson moved to amend the time to 8:30 P.M., May 30 because of a previous committment to Cary Hall. Mary W. Miley asked that the list of articles be read that have to be taken up. John McLaughlin read the list. 11:02 P.M. Voice vote to adjourn to 8:30 on May 30 was doubted. A standing vote was -i taken: Precinct In Favor Tellers Opposed 1 1 Nancy L. Barter 12 2 4 Karen A. Dooks 12 3 5 Marian C. Reilly 5 4 4 Peter C. J. Kelley 4 5 7 Julie F. Triessl 5 6 4 John S. Willson 10 7 8 Winifred L. L. Friedman 9 8 5 Benjamin H. Golini 8 9 10 L. Gail Colwell 7 At Large 22 Michael J. O'Sullivan 4 Totals 70 76 Motion to adjourn to 8:30 May 30, 1984 defeated. 11:08 P.M. Arthur C. Smith moved to adjourn.=this session to Wednesday, May 23, 1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 11:10 P.M. A true copy. Attest: Barbara A. Smith, Asst. Town Clerk 63S5 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING MAY 23, 1984 to The meeting was called/order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:05 P.M. There were 153 Town Meeting Members present. Invocation presented by Rev. Polly Laughland Guild, Follen Church. 8:06 P.M. Paul W. Marshall moved that Article 10 be taken off the table. (See page 295) Adopted by voice vote 8:08 P.M. Article 10. AMEND POTTER POND AGREEMENT Presented by Paul W. Marshall (As MOTION: That the Town approve an amendment to the agreement adopted) relating ,to the Potter Pond development, so-called, voted under Article 78 of the Warrant for the 1979 Annual Town Meeting in accordance with the memorandum of understanding filed with the Town Clerk; and that any funds received thereunder shall be made available to LexHAB. 8:09 P.M. Mr. Marshall explained that if this article passes it will release the developer from the original agreement in exchange for a sum of money which will be the difference between the agreed upon price for sale and net market rate price less fee to cover expenses. The proceeds to be turned over to LexHAB. 8:10 P.M. Manfred P. Friedman questioned if Lexington Housing Authority could float their own bond. Also, since Lexington has AAA rating, we should be able to get better percentage on borrowing. Louis E. Conrad shares concerns with Mr. Friedman. He feels, through his research, that Lexington Housing Authority has enough money available for purchasing. Not in favor at this time, would vote yes if he had more answers to his questions. 8:26 P.M. More discussion took place on the financing and questions on if re -zoning would take place. Jean Gaudet rose to answers question on how LexHAB intends to use the money. The committee hopes to buy units outright, at least one more unit at Muzzey and scattered sites when available. 8:55 P.M. Donald D. Wilson, speaking for the Lexington Housing Authority, stated that the Federal government sets the standards and fees for the whole country. It may be difficult to get Federal money for Lexington. 9:02 P.M. After more discussion Anthony L. Mancini moved the previous question. Adopted by voice vote.9:22 P.M. Main motion as presented by Mr. Marshall adopted by Voice vote. 9:25 P.M. Mrs. Battin moved that Line Item #8525 of Article 26 be taken off the table. Adopted voice vote 9:25 P.M. Article 26. (see page 348) Presented by Margery M. Battin. 8525 Tax and Bond Anticipation Loans $50,000 Adopted by voice vote. 9:25 P.M. Article 2. Ephraim Weiss moved that the report of the 1984 Lexington Arts Festival be accepted and placed on file. (Unsigned report.) Adopted by vacvote. 9:27 P.M. 38(i XAdjourned Session of the 1984 Annual Town Meeting - May 23, 1984) Mrs. Battin moved that Article 45 be taken off the table. (See page 363.) Adopted by voice vote. 9:30 P.M. Article 45. Presented by Margery M. Battin. STREET CONSTRUCTION AND LANDTAKING MOTION: That the sum of $340,000 be appropriated for the construction and reconstruction of Hancock Street, that such amount be raised in the tax levy; that the Selectmen be and they hereby are authorized to take by eminent domain, purchase or otherwise acquire any fee, easement or other (As adopted) interest in land necessary therefor; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for such project. Adopted unanimously. 9:31 P.M. .__. Robert F. Sacco moved that Article 46 be taken off the table. (See page 363.) Adopted by voice vote. 9:31 P.M. Article 46. Presented by Robert F. Sacco. STREET ACCEPTANCE AND CONSTRUCTION MOTION: (A) To establish as town ways and accept the layout of the following town ways, all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated February 17, 1984: (a) Battleview Circle from Young Street a distance of 265 feet, more or less, to end; (b) Kitson Park Drive from Concord Avenue a distance of 735 feet, more (As adopted) or less, to end; (See below) (c) Crest Circle from Blossomcrest Road a distance of 336 feet, more or less, to end; (d) Ingleside Road from Clydd Place a distance of 400 feet, more or less, to end. (B) To establish as a town way and accept the layout of Sunny Knoll Avenue from Bedford Street a distance of 609 feet, more or less, to Reed Street; to authorize the Selectmen to take by eminent domain, (As adopted) purchase or otherwise acquire any fee, easement or other interest in (See page 387) land necessary therefor; that the sum of $91,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Sunny Knoll Avenue as is necessary, and that to raise such amount $91,000 be transferred from the Special Assessment Fund. (C) That $56,000 be appropriated for the future laying out and construc- (As adopted) tion of Emerald Street from Asbury Street a distance of 400 feet, more (See page 387)or less, and that such amount be raised in the tax levy. The Moderator stated that this article would be divided. Vote first on (A) , including .(a) , (b) , (c) and (d) , then (B) and finally (C) . Section (A) including (a) , (b) , (c) and (d) adopted unanimously 9:36 P.M. Graydon M. Wheaton served notice of reconsideration of Article 10. 9:36 P.M. (See Page 393) Article 46. Mr. Ralph F. Johnson of 16 Emerald Street read a letter he wrote to the (cont.) Town Meeting Members urging them to vote favorably on this article. Laura F. Nichols and William W. Welch, Jr. spoke in favor of paving Emerald Street. Town Counsel was asked if there was any litigation on any of this land. He replied that there had been against the town but had been settled in favor of the town. He did not know of any private litigation. 9:50 P.M. Richard A. Michelson moved that Section C be deleted and replaced by "C. To establish as a town way and accept the layout of Emerald Street a distance of 490 feet more or less from Asbury Street to Bellflower Street; 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 $90,000 be appropriated for such land acquisition, contraction, alteration, and reconstruction of Emerald Street as is necessary, and to raise such amount $90,000 in the tax levy. 9:59 P.M. 3kS ' (Adjourned Session of the 1984 Annual Town Meeting - May 23, 1984) Article 46. (continued) Florence E. Connor asked the Moderator to recognize Mr. J. D. Santucci a resident of 16 Bellflower Street to speak in opposition to this section of the article and the amendment. 10:07 P.M. Questions were raised whether the town-owned land would be buildable or was it mostly ledge. Mr. Sacco replied thathe believed the lots were buildable. A voice vote to amend Section C of Article 46 was doubted. A standing vote was taken with the following results: 10:12 PP.M_. Precinct In Favor Tellers Opposed Abstain 1 11 Nancy L. Barter 6 2 4 Karen A. Dooks 12 3 2 Marian C. Reilly 13 4 2 Peter C. J. Kelley 6 5 3 Julie F. Triessl 10 6 2 Elizabeth C. Haines 13 7 5 Winifred L.L. Friedman 10 2 8 3 Benjamin H. Golini 8 9 5 L. Gail Colwell 8 At Large 13 Michael J. O'Sullivan 9 Totals 50 95 2 The Moderator declared the amendment not adopted. 10:15 P.M. Jacquelyn R. Smith speaking for the Planning Board said they unanimously support Section B of Article 46 and unanimously oppose Section C. 10:20 P.M. Catherine Molle and Robert B. Dugan spoke from the balcony in favor of this Section C and several other town meeting members also stated their support. Daniel L. McCabe for the Capital Expenditures Committee expressed the plans unfavorable. 10:30 P.M. George A. Burnell moved the previous question which was adopted by voice vote at 10:30 P.M. The Moderator again stated that the vote on the remaining two sections_of Article 46 would be taken separately. Article 46. Section B Adopted by_voice=vote. 10:31 P.M. Article 46. Section C Adopted by_voice. vote. 10:31 P.M. Mrs. Battin moved that Article 48 be removed from the table. Adopted by voice vote. 10:32 P.M. (See page 363.) Article 48. Presented by Margery M. PARKING IMPROVEMENTS Battin. (As MOTION: That the sum of $89,000 be appropriated for parking adopted) improvements in the Town, of which $69,000 shall be allocated to the Meriam Street Parking Lot and $20,000 to the existing permit parking program, and that to raise such amount $89,000 be transferred from the Parking Meter Fees Account. 10:32 P.M. Mrs. Battin requested the Moderator to recognize John A. Oberteuffer of the Conservation Commission to show the new layout of the Meriam Street parking lot and explain the operation of the lot. 10:40 P.M. Questions on the impact of traffic at Depot Square and Massachusetts Avenue were brought up. Mr. Tonaszuck stated that there wouldn't be that much more traffic because of the additional spaces. Mrs. Barabush brought up the problem of responsibility for damage or theft. Mr. Oberteuffer stated that the parking management company has coverage for everything but valuables left in cars. Also, in regard to plowing and sweeping, the management will be responsible. 10:54 P.M. After more discussion on the plans, Paul V. Riff in moved the previous 38S' (Adjourned Session of the 1984 Annual Town Meeting - May 23, 1984) question which was adopted by voice vote at 10:57 P.M. Main motion adopted by voice. vote 10:58 P.M. Article 2. Paul W. Marshall rose to read a Reso.liution for regulating local taxation. 11:00 P.M Richard A. Michelson moved to adjourn this session of town meeting to May 30, 1984 at 8:30 P.M. 11:02 P.M. Arthur C. Smith rose with a point of inquiry regarding the Resolution, if it could be brought up alone. J The Moderator ruled that it could not and that the Resolution was out of order. 11:03 P.M. Mr_ Levy speaks in favor of adjournment. Mrs. Battin stated that only Article 68 was left. The Moderator said that he knew of several reports that were to be brought before the meeting. William S. Widnall moved to amend adjournment to May 24, 1984 at 8:P.M. Defeated 11:12 P.M. Mr. Levy moved to adjourn. to June 4, 1984 at 8:00 P.M. 11:12 P.M. Motion to adjourn to June 4, 1984 at 8:00 P.M. in Cary Memorial Hall adopted by voice vote. 11:14 P.M. A true copy attest: Barbara A. Smith, Asst. Town Clerk J Madeline A. Shaughnessy, 32 Webb Street, resigned as a Town Meeting Member from Precinct Five effective May 23, 1984. Sam Silverman, 18 Ingleside Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Five at the Annual Town Election held March 5, 1984. As of May 25, 1984 he filed his acceptance of Town Meeting Member to fill the vacancy caused by Mrs. Shaughnessy's resignation. Mr. Silverman's term expires March 1985. 389 ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING JUNE 4, 1984 The meeting was called to order at 8 P.M. by Moderator Lincoln P. Cole, Jr. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 159 Town Meeting members present. Invocation delivered by Rev. Thomas L. Clough, Minister of Education, Hancock United Church of Christ. 8:09 P.M. The Moderator introduced Boy Scout Troup #122 who, with their leader George Bryant, were in the audience. 8:10 P.M. The Moderator stated that the meeting was now open on Article 68. Article 68. USE OF FUNDS TO REDUCE TAX RATE Presented by Margery M. Battin. (Adopted. MOTION: (a) That the sum of $1,140,000 be appropriated to reduce See the tax levy for the fiscal year beginning July 1, 1984, and that Page such amount be transferred from the Excess and Deficiency Account; 391) (b) Whereas the Lexington Town Meeting has used transfers from free (Adopted. cash reserves to assist in its efforts to stay within the Levy See Limit required by Proposition 22; and Page 391) Whereas the Lexington Town Meeting is concerned about its ability in the future to maintain the level of services desired by the Citizens of Lexington given the provisions of Proposition 22 limiting year to year property tax increases; Be it resolved that the Lexington Town Meeting hereby recommends to the Great and General Court passage of Senate Bill 1709 (as reported favorably by the Joint Committee on Taxation) which 1) provides a means whereby voters in low-tax communities can restore to local legislative bodies the authority to stabilize their property tax rates, which are now declining at a real rate of 8 to 10% a year; and 2) also provides the voters the means to rescind this authority should it be abused. 8:12 P.M. The Moderator said that for voting purposes this motion would be divided, with a separate vote taken on part (a) and a separate vote taken on part (b) ; for the purpose of debate, the two parts, (a) and (b) , would be discussed together. 8:12 P.M. Referring to part (a) , Mrs. Battin explained that the certified balance in Free Cash for this year is $2,552,893. After deducting this $1,140,000 appropriation, which is $60,000 less than was appropriated last year, there will be a balance of $1,412,893 for fiscal year 1986. 8:12 P.M. Referring to part (b) , Paul W. Marshall said that Senate Bill #1709 was defeated in the Senate today but, he added, that he was told this evening by Senator Richard A. Kraus whose bill this is, that, depending on the outcome of this resolution this evening, that he would possibly ask for reconsideration of his bill. With the aid of charts, Mr. Marshall explained that taxes have gone up in Lexington in the past ten years, as has inflation and that it will be increasingly difficult to live within the 22 restraints although we have been able to stabilize the tax rate. Senate Bill #1709 strengthens basic features of Prop 22. Taxes would be limited to a maximum of 2% of the market value. It would require a refer- endum to obtain relief which would set a limit below 2%. Reassess- ments would be subject to review. 8:26 P.M. 390 r (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984.) Article 68. William J. Dailey, Jr. , Chairman of the Appropriation Committee, (Cont. ) moved to amend the motion as to part (b) by adding: Be it further resolved that the Board of Selectmen shall include the following question on the ballot to be submitted to the voters for consideration at the November 1984 election: "Shall efforts be instigated by the Board of Selectmen to encourage the passage of legislation which will have the effect of amending or modifying the legislation known as Proposition 21/2" 8:27 P.M. Mr. Dailey gave an explanation of his amendment saying that there have been no cuts in programs, services and personnel since Prop 22. 8:32 P.M. Michael W. Golay spoke against the amendment and in favor of the resolution and James M. McLaughlin spoke in favor of the amendment and against the resolution. 8:37 P.M. Speaking against the amendment, Frank Sandy felt that the users fees, mainly in the recreation area, were definitely a cut in services. 8:40 P.M. William J. Scouler and Paul W. Marshall voiced their opposition to Mr. Dailey's amendment. 8:42 P.M. Mr. Dailey's motion to amend was declared lost by voice vote. 8:43 P.M. Thomas E. Fortmann voiced his approval of Senator's Kraus's proposal (Senate Bill #1709) and Patricia A. Swanson expressed her doubts. 8:52 P.M. Ronald Levy commended Mr. Marshall on a well prepared presentation but added that he did not support Mr. Kraus's proposal. He added that he is now and has always been opposed to Proposition 22 and that he would support part (a) but would oppose part (b) unless it is amended. 8:57 P.M. Selectman Robert F. Sacco spoke in oppositin to part (b) with the aid of slides. 9 P.M. Robert I. Rotberg voiced his approval of part (b) . 9:05 P.M. In response to Arthur C. Smith's query regarding part (b) being within the scope of the article, the Moderator ruled that the motion was in order. 9:09 P.M. After further discussion, Arthur C. Smith moved for indefinite postponement on part (b) of Article 68 which was declared lost by voice vote. 9:25 P.M. Alan J. Lazarus moved that the proposed motion under Article 68 (b) be amended to read . . . Meeting hereby [endorses the sentiments which motivated Senate Bill 1709 namely that it] 1) . .. [ ] in place of [recommends . . .] 1) 9:25 P.M. Selectman John F. McLaughlin, speaking against the amendment, felt `--- that part (b) should be voted on, either for or against but added that the amendment should be defeated. 9:32 P.M. Although he agreed with the intent of the amendment, Paul Newman stated his opposition to it. 9:33 P.M. Mr. Lazarus's motion to amend was declared lost by voice vote. 9:34 P.M. (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984.) 39 Article 68. Renee T. Cochin said that she intended to vote for the resolution (Cont. ) but wanted Senator Kraus to understand that a yes vote does not mean that the meeting is in favor or a no vote does not mean that they are opposed. 9:35 P.M. James M. McLaughlin moved the previous question. 9:35 P.M. Jonathan P. Doran requested that a roll call vote be taken on part (b) and the Moderator stated that at the time for the vote on part (b) he would ask for a standing vote of those in favor of a roll call. 9:35 P.M. Previous question, as moved by Mr. McLaughlin, was declared adopted by voice vote. 9:35 P.M. Vote on part (a) : Adopted unanimously. 9:39 P.M. The Moderator asked for a standing count for those in favor of a roll call vote on part (b) with the following results: Precinct In Favor Tellers 1 3 Nancy L. Barter 2 3 Karen A. Dooks 3 2 Marian C. Reilly 4 0 Peter C. J. Kelley 5 1 Julie F. Triessl 6 1 John S. Willson 7 2 Graydon M. Wheaton 8 4 - Benjamin H. Golini 9 3 L. Gail Colwell At Large 14 Michael J. O'Sullivan Total 33 Less than the required fifty members having voted in favor, a roll call vote was not taken on part (b) of Article 68. 9:40 P.M. Paul W. Marshall asked that a standing vote be taken on part (b) and the Moderator said that he would ask for a voice vote first but that he would probably doubt the results and then ask for standing vote. 9:40 P.M. Vote on part (b) : Voice vote on part (b) was doubted by the Moderator so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Nancy L. Barter 6 2 9 Karen A. Dooks 7 3 13 Marian C. Reilly 5 4 11 Peter C. J. Kelley 1 5 12 Julie F. Triessl 3 6 14 John S. Willson 2 7 6 Graydon M. Wheaton 7 8 7 Benjamin H. Golini 6 9 11 L. Gail Colwell 5 At Large 9 Michael J. O'Sullivan 13 Totals 100 55 Part (b) is declared adopted. 9:43 P.M. 392: (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984.) Article 2. Donald D. Wilson, Lexington Housing Authority Member, moved that the report of the Lexington Housing Authority be accepted and placed on file. Mr. Wilson then proceeded to read the following report: L.H.A. is presently assisting 308 families with excess of 520 individuals. This is using a total of 6 federal and state programs. L.H.A. is and has been audited by state and federal for the past 10-12 years - always given "A" ratings and recently received "commendable" rating by E.O.C.D. Attention was called to maximum use of funds and securing interest on funds in its care. This was accomplished by the effort and work of members and staff of the L.H.A. L.H.A. works with 6 programs and 10 projects within these programs. Funds cannot be transferred from one program to another without written authorization of the granting authority - most times funds must be returned and re-requested for the next specific project. In area of low income housing it now seems government agencies are giving preference to rehab and remodeling in distressed areas where housing needs are high and a higher density, lower land costs, and lower cost per unit are available. It appears that the philosophy is to get the most housing units for the money. After many letters and meetings (informal and formal) L.H.A. felt it had pursued all available avenues to secure funding for Potter Pond condos. It was at this point L.H.A. abandoned its efforts for funding of these condos. If Lexington really wants housing available so young people from Lexington can start out and live in town, town meeting should provide funds for implementation and construction of this type of program when and if funds from governmental agencies are available. The high land costs and low density of units make the proposals from Lexington not as attractive as proposals from other nearby areas that permit higher density and have lower land costs. Potter Pond has a density of apx. 2.23 units per acre. The Cambridge condo program that received the funds L.H.A. applied for was granted funds for low income elderly not low income family. This was on a pilot project at a much higher density than the proposed Lexington project. Many times L.H.A. gets requests for housing from Lexington citizens for their son or daughter just getting married and in need of affordable housing in Lexington. L.H.A. is not falling down on its job not being able to provide this type of housing. We know of no programs that will provide this for Lexington - unless town meeting authorizes and funds one. Perhaps an expanded business base in Lexington could provide and make available more tax dollars for housing and other town needs; while easing the strain on many home owners in Lexington. A bright spot in low and moderate income housing is the accessory apt. units estimated ultimately at 300-500 in Lexington. This could be a valuable source of starter and low income housing. Accessory apts. as rental units qualify for section 8 rental subsidies if the individual units meet construction and code standards. Also, rent charged by homeowner must fall within federal or state guidelines for subsidized units. Assistance by towns Concord T 200 Units of Assistance Burlington 143 Chelmsford 166 Winchester 112 Acton 157 Wellesley 254 Wayland 189 Lexington 308 Plus Lexington has Muzzey-Lex.Hab. Program not counted in L.H.A. figures. Adopted unanimously. 9:59 P.M. (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984.) 393 Ronald Levy served notice of reconsideration of Article 68. 10 P.M. (See below) Frank Sandy moved that this meeting be dissolved. This motion was lost by voice vote. 10:01 P.M. -- Article 2. Richard F. Perry, a member of the Capital Expenditures Committee, moved that the following report be accepted and placed on file: Under Art. 2, as an addition to the Capital Expenditures Committee Report, I offer the following recommendation: That the Board of Selectmen appoint a committee of at least five members to study alternative sources of financing future con- servation purchases and report back to the 1985 Annual Town Meeting. Adopted by voice vote. 10:02 P.M. James E. Barry moved reconsideration of Article 26 (except line items #7920 and #8525) . 10:02 P.M. Mr. Barry explained that if his motion prevailed, he would amend line item #3450 (Rabies Clinic) . He wants to put in zero amount because of the charge attached to the clinic this year. He is very opposed to users fees in general but especially in this area as there is already an extra $1. added to each dog license. 10:09 P.M. Margery M. Battin, Chairman of the Board of Selectmen, spoke against this motion to reconsider Article 26. Mr. Barry's motion to reconsider Article 26 (except line items #7920 and #8525) was declared lost by voice vote. 10:12 P.M. Ronald Levy moved reconsideration of Article 68, but only part (b) . 10:13 P.M. Mr. Levy explained that he would like to amend the motion in order to strengthen it. 10:14 P.M. Mr. Levy's motion to reconsider Article 68, part (b) was declared lost by voice vote. 10:14 P.M. Graydon M. Wheaton moved reconsideration of Article 10. 10:15 P.M. Mr. Wheaton explained why he wished to have Article 1.0 reconsidered. He felt that the original article on Potter Pond, back in 1979, might not have been adopted if the section regarding the purchase by the town of the units for affordable housing was not included. 10:24 P. M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, recommended unfavorable action on the motion to reconsider Article 10. He added that the owner would sell the units to the town if the town had the money, which they do not. 10:25 P.M. Paul W. Marshall said that the Board of Selectmen supported the recommendation of the Appropriation Committee. 10:27 P.M. James P. Reilly supported Mr. Wheaton's motion to reconsider Article 10. 10:30 P.M. Mr. Wheaton's motion to reconsider Article 10 was declared lost by voice vote. 10:30 P.M. 394 (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984.) Margery M. Battin, Chairman of the Board of Selectmen, moved that this meeting be dissolved. This motion was adopted unanimously. 10:30 P.M. A true copy. Attest: .� /9(4/14,1, 4 c--6L Aa o Mary R. McDonough, Town Clerk (WARRANT FOR STATE PRIMARIES - SEE WARRANT FILE) 9;) STATE PRIMARIES - SEPTEMBER 18, 1984 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 18, 1984 at 7 A.M. 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 Elizabeth Ann Snell Clerk R A. Estelle Szalajeski D Cornelius P. Cronin Inspector D Donna Alexson R Virginia M. Warner Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden D Gulli I. Kula R Mildred M. Cronin Clerk R Elliott J. Barrett D Marguerite A. Cronin Inspector D Priscilla H. Winter R Frank R. Zelck Inspector R Doris E. Barclay Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Winifred E. Ivester Clerk R Caroline B. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Elinor M. Vassallo Inspector R Helen E. MacDonald Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy O. Jones Clerk D Helen C. MacGillivray D Mary G. Faulkingham Inspector R Josephine M. Luther R Rachel M. Higgins Inspector D Evelyn T. Lawson Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini 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. The total number of registered voters in each precinct eligible to vote as of August 21, 1984 as follows: PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,032 1,139 361 532 2 2,017 1,215 315 487 3 1,995 1,031 362 602 4 2,232 1,172 481 579 5 2,212 1,131 394 687 6 2,126 1,069 535 522 7 2,212 1,156 442 614 8 1,818 884 403 531 9 2,194 1,059 436 699 Totals 18,838 9,856 3,729 5,253 a 0 !,6 (State Primaries - September 18, 1984.) Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:37 P.M. Precinct Two 9:35 P.M. Precinct Three 9:18 P.M. Precinct Four 9:28 P.M. Precinct Five 9:30 P.M. Precinct Six 9:03 P.M. Precinct Seven 9:17 P.M. Precinct Eight 9:10 P.M. Precinct Nine 9:13 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: DEMOCRATS REPUBLICANS TOTAL PRECINCT VOTED VOTED VOTED 1 688 237 925 2 759 205 964 3 598 223 821 4 709 301 1,010 5 660 235 895 6 705 349 1,054 7 762 317 1,079 8 534 264 798 9 640 295 935 Totals 6,055 2,426 8,481 45.02% of the 18,838 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED VOTED BY MAIL --•- (Excluding Certified Permanently Disabled) R DR D R D R D R D 1 0 6 0 4 0 2 0 0 0 0 2 1 18 0 9 1 8 0 1 0 0 3 5 11 2 4 3 7 0 0 0 0 4 6 24 1 7 5 16 0 1 0 0 5 3 21 1 10 2 9 0 2 0 0 6 6 34 2 18 4 16 0 0 0 0 7 1 19 0 11 1 7 0 1 0 0 8 5 7 2 2 3 5 0 0 0 0 9 3 16 2 91 7 0 0 0 0 Totals 30 156 10 74 20 77 0 5 0 0 VOTED BY MAIL (Certified Permanently Disabled) 2 1 0 0 0 0 0 1 0 0 0 5 0 3 0 3 0 0 0 0 0 0 7 10 0 0 1 0 0 0 0 0 Totals 2 3 0 3 1 0 1 0 0 0 VOTED IN PERSON - OVER THE COUNTER 1 8 15 8 15 0 0 2 3 34 3 32 0 2 3 3 12 3 11 0 1 4 5 19 5 16 0 3 5 10 33 10 32 0 1 6 8 29 6 27 2 2 7 7 23 6 23 1 0 8 8 15 8 14 0 1 9 216 2 16 0 0 Totals 54 196 51 186 3 10 1 (State Primaries - September 18, 1984.) 97 ABSENTEE BALLOT BREAKDOWN (Cont. ) APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED R D R D R D R DR D NON-REGISTERED VOTERS-- VOTED BY MAIL 4 0 1 0 0 0 1 6 01 0 0 0 1 Totals 0 2 0 0 0 2 TOTALS 86 357 61 263 24 89 1 5 0 0 (No Ballots were rejected) 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 David M. Bartley 37 38 42 36 30 22 46 22 35 308 Michael Joseph Connolly 28 31 23 20 21 18 34 16 32 223 John F. Kerry 181 189 157 172 186 205 162 162 181 1,595 James M. Shannon 414 488 359 467 414 444 505 320 384 3,795 Blanks 28 13 17 14 9 16 15 14 8 134 Totals 688 759 598 709 660 705 762 534 640 6,055 REPRESENTATIVE IN CONGRESS - SEVENTH CONGRESSIONAL DISTRICT Edward J. Markey 328 429 330 450 373 448 483 345 386 3,572 Michael J. Barrett 4 5 9 11 9 7 7 12 8 72 Philip E. Doherty 10 12 6 6 5 7 2 5 12 65 Michael Gelber 4 0 1 0 1 6 1 2 2 17 Samuel Rotondi 316 291 240 227 252 210 261 154 220 2,171 Blanks 26 22 12 15 20 27 8 16 12 158 Totals 688 759 598 709 660 705 762 534 640 6,055 COUNCILLOR - SIXTH DISTRICT Joseph A. Langone, III 218 191 164 189 177 168 175 131 171 1,584 Mary McQueeney Aliberti 130 142 122 159 145 143 178 118 127 1,264 Robert W. Collins 115 107 81 76 79 88 91 71 98 806 Blanks 225 319 231 285 259 306 318 214 244 2,401 Totals 688 759 598 709 660 705 762 534 640 6,055 SENATOR IN GENERAL COURT - FOURTH MIDDLESEX DISTRICT Richard A. Kraus 329 503 364 478 450 534 541 365 442 4,006 Alan G. MacDonald 293 199 173 158 141 120 153 122 135 1,494 Blanks 66 57 61 73 69 51 68 47 63 555 Totals 688 759 598 709 660 705 762 534 640 6,055 REPRESENTATIVE IN GENERAL COURT - FIFTEENTH MIDDLESEX DISTRICT Stephen W. Doran 548 595 465 571 520 593 629 436 525 4,882 Andrew Riff in, 6 Field Rd. , Lex. 0 0 1 0 0 0 0 0 0 1 Blanks 140 164 132 138 140 112 133 98 115 1,172 Totals 688 759 598 709 660 705 762 534 640 6,055 (State Primaries - September 18, 1984. ) DEMOCRATIC PARTY BALLOT (Cont.) Pr.1 Pr.2 Pr.3 Pr.4 Pr. 5 Pr.6 Pr.7 Pr.8 Pr.9 Totals REGISTER OF PROBATE - MIDDLESEX COUNTY Paul J. Cavanaugh 380 360 324 345 333 323 375 278 350 3,068 Blanks 308 399 274 364 327 382 387 256 290 2,987 Totals 688 759 598 709 660 705 762 534 640 6,055 COUNTY COMMISSIONER - MIDDLESEX COUNTY Thomas J. Larkin 300 332 293 338 334 352 408 270 351 2,978 Michael E. McLaughlin 234 226 172 204 186 153 199 135 162 1,671 Robert W. Keough 99 85 67 85 74 79 79 59 75 702 Albert Joseph Onessimo 52 23 37 35 34 24 29 26 29 289 Anthony D. Pini 70 40 49 59 54 40 47 44 58 461 Blanks 621 812 578 697 638 762 762 534 605 6,009 Totals 1,376 1,518 1,196 1,418 1,320 1,410 1,524 1,068 1,280 12,110 TREASURER - MIDDLESEX COUNTY William J. Gustus 134 174 137 190 162 147 155 97 134 1,330 Rocco J. Antonelli 88 66 77 43 61 48 52 45 64 544 Daniel H. Ballou, Jr. 61 51 52 55 63 48 65 54 55 504 Thomas F. Coughlin 80 61 52 48 49 51 47 45 57 490 Leo F. Henebury, Jr. 27 31 24 17 26 34 39 23 28 249 Joseph E. LeBlanc 29 12 6 19 12 11 20 15 13 137 Vincent A. LoPresti 85 69 75 78 63 59 67 54 80 630 Blanks 184 295 175 259 224 307 317 201 209 2,171 Totals 688 759 598 709 660 705 762 534 640 6,055 REPUBLICAN PARTY BALLOT SENATOR IN CONGRESS Elliot L. Richardson 88 82 94 146 109 155 130 113 122 1,039 Raymond Shamie 147 120 128 155 126 193 187 149 172 1,377 Blanks 2 3 1 0 0 1 0 2 1 10 Totals 237 205 223 301 235 349 317 264 295 2,426 REPRESENTATIVE IN CONGRESS - SEVENTH CONGRESSIONAL DISTRICT S. Lester Ralph 166 130 143 212 166 255 224 174 197 1,667 Blanks 71 75 80 89 69 94 93 90 98 759 Totals 237 205 223 301 235 349 317 264 295 2,426 COUNCILLOR - SIXTH DISTRICT Lincoln Cole 16 Hill St. ,Lex. 0 0 0 1 0 0 0 0 0 1 Samuel Rotondi, Sunset Rd. , Winchester 0 0 0 0 0 0 0 1 0 1 Blanks 237 205 223 300 235 349 317 263 295 2,424 Totals 237 205 223 301 235 349 317 264 295 2,426 (State Primaries - September 18, 1984.) 3q9 9 REPUBLICAN PARTY BALLOT (Cont. ) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN GENERAL COURT - FOURTH MIDDLESEX DISTRICT Alan MacDonald 95, Bacon St. , Winchester 0 0 0 0 0 0 0 1 0 1 Blanks 237 205 223 301 235 349 317 263 295 2,425 Totals 237 205 223 301 235 349 317 264 295 2,426 REPRESENTATIVE IN GENERAL COURT - FIFTEENTH MIDDLESEX DISTRICT Constance L. Foster 180 160 165 233 183 280 241 195 223 1,860 Blanks 57 45 58 68 52 69 76 69 72 566 Totals 237 205 223 301 235 349 :317 264 295 2,426 REGISTER OF PROBATE - MIDDLESEX COUNTY Blanks 237 205 223 301 235 349 317 264 295 2,426 Totals 237 205 223 301 235 349 .317 264 295 2,426 COUNTY COMMISSIONER - MIDDLESEX COUNTY Nicholas S. Polio 170 132 147 209 173 260 225 173 188 1,677 Blanks 304 278 299 393 297 438 409 355 402 3,175 Totals 474 410 446 602 470 698 634 528 590 4,852 TREASURER - MIDDLESEX COUNTY Edward Young, FMelrose 0 0 0 0 1 0 0 0 0 1 Blanks 237 205 223 301 234 349 317 264 295 2,425 Totals 237 205 223 301 235 349 317 264 295 2,426 A true copy. Attest: A u` , 1'74 Mary R. McDonough, Town Clerk 4[O=) WARRANT FOR STATE ELECTION - SEE WARRANT FILE) STATE ELECTION - NOVEMBER 6, 1984 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 6, 1984 at 7 A.M. 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 Elizabeth Ann Snell Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Donna Alexson R Virginia M. Warner Inspector R Richard F. Crawford D Cornelius P. Cronin Inspector D Ellen B. O'Connell R Doris E. Barclay Inspector R Josephine S. Siders Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Elliott J. Barrett R Winifred F. Hubbard Inspector D Priscilla H. Winter D Marie G. Roy Inspector R Sally J. Burgess R Eva Antonelli Inspector D Margaret M. McCarthy Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey —' R Winifred E. Ivester Clerk R Caroline B. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Elinor M. Vassallo Inspector R Evelyn M. Belbin D Anthony J. Buda Inspector D Suzanne H. Spencer R Evelyn A. Franks Inspector R Helen E. MacDonald Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy O. Jones Clerk D Helen C. MacGillivray D Mary G. Faulkingham Inspector R Josephine M. Luther R Leonard N. Jones Inspector D Catherine F. Jones D Alice A. Coletta Inspector R Frank R. Zelck R Rachel M. Higgins Inspector D Stella Helen Laurendeau Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Ann C. Golini Inspector R Caroline F. Deloury Inspector D William P. Murphy Inspector R Carole Sandra Scalise 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 6, 1984) 401 The total number of registered voters in each precinct eligible to vote as of October 9, 1984 as follows: PRECINCT REGISTERED VOTERS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,152 1,188 404 560 2 2,174 1,284 369 521 3 2,186 1,072 423 691 4 2,385 1,233 541 611 5 2,373 1,193 441 739 6 2,288 1,129 582 577 7 2,350 1,212 491 647 8 1,976 930 443 603 9 2,345 1,090 506 749 TOTALS 20,229 10,331 4,200 5,698 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 9:45 P.M. Precinct Two 10:05 P.M. Precinct Three 9:37 P.M. Precinct Four 10:15 P.M. Precinct Five 10:15 P.M. Precinct Six 9:50 P.M. Precinct Seven 9:55 P.M. Precinct Eight 9:39 P.M. Precinct Nine 9:45 P.M. On July 21, 1984 the Governor signed Chapter 241 of the Acts of 1984, "An Act further regulating absentee voting by certain overseas citizens of the commonwealth". The Governor declared this an emergency law, making it effective immediately. The new law makes two changes in the law for Massachusetts residents who are absentee voters outside the United States: 1. For all primaries and elections, the law eliminates the present require- ment that these voters vote in the presence of an official and have their signatures notarized on the inner absentee ballot envelope. 2. For state general elections only, the law requires that we count absentee ballots mailed by voters on or before election day, if we receive them on or before the tenth day after the election. The Town Clerk and the members of the Board of Registrars canvassed the results of the votes cast of all ballots received as of November 6, 1984 as follows: PRECINCT NUMBER OF BALLOTS CAST AS OF NOVEMBER 6, 1984 One 1,896 Two 1,904 Three 1,904 Four 2,060 Five 2,031 Six 2,035 Seven 2,064 Eight 1,711 Nine 2,080 Total 17,685 In accordance with Chapter 241 of the Acts of 1984, after November 16, 1984 and with the additional fourteen ballots received from outside the United States, the Town Clerk canvassed the results as follows: PRECINCT NUMBER OF BALLOTS CAST AS OF NOVEMBER 16, 1984 One 1,896 Two 1,905 Three 1,905 Four 2,061 Five 2,033 Six 2,035 Seven 2,066 4[02 (State Election - November 6, 1984) Result of votes cast (Cont. ) PRECINCT NUMBER OF BALLOTS CAST AS OF NOVEMBER 16, 1984 Eight 1,714 Nine 2,084 Total 17,699 87.4932% of the 20,229 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN BALLOTS BALLOTS RETURNED BALLOTS BALLOTS APPLICATIONS RETURNED BY FROM OUTSIDE USA BALLOTS RETURNED RETURNED PRECINCT PROCESSED NOVEMBER 6 NOV. 7 THRU NOV. 16 UNUSED TOO LATE UNUSED VOTED BY MAIL (Excluding Certified Permanently Disabled) One 96 82 0 12 1 1 Two 79 64 1 10 4 0 Three 72 51 1 17 3 0 Four 136 105 0 28 3 0 Five 97 74 0 17 6 0 Six 147 123 0 19 4 1 Seven 112 90 1 13 7 1 Eight 78 52 3 19 3 1 Nine 69 55 37 2 2 Totals 886 696 9 142 33 6 VOTED BY MAIL (Certified Permanently Disabled) One 1 1 Two 2 1 1 Three 0 ---r Four 1 1 Five 2 2 Six 0 Seven 1 1 Eight 1 1 Nine 2 2 Totals 10 9 1 VOTED IN PERSON - OVER THE COUNTER One 46 42 4 Two 54 53 1 Three 38 33 5 Four 63 55 8 Five 38 34 4 Six 60 54 6 Seven 53 42 11 Eight 37 36 1 Nine 52 45 7 Totals 441 394 47 , NON-REGISTERED VOTERS - VOTED BY MAIL One 6 6 Two 5 2 2 1 Three 4 4 Four 12 10 1 1 Five 16 7 2 5 1 1 Six 5 4 1 Seven 9 5 1 3 Eight 11 8 3 Nine 8 5 1 2 Totals 76 51 5 16 3 1 (State Election - November 6, 1984) 403 ABSENTEE BALLOT BREAKDOWN (CONT.) BALLOTS BALLOTS RTD. BALLOTS BALLOTS APPLICATIONS RTD. BY FROM OUTSIDE USA BALLOTS RETURNED RETURNED PRECINCT PROCESSED NOV. 6 NOV. 7) - NOV. 16 UNUSED TOO LATE UNUSED NON-REGISTERED VOTERS - IN PERSON - OVER THE COUNTER Seven 2 2 Totals 2 2 DEFECTIVE BALLOTS Precinct One 0 Precinct Two 3 Precinct Three 1 Precinct Four 2 Precinct Five 1 Precinct Six 3 Precinct Seven 0 Precinct Eight 1 Precinct Nine 2 Total 13 FINAL TOTALS 1,415 1,152 14 205 37 7 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals ELECTORS OF PRESIDENT AND VICE PRESIDENT Mondale and Ferraro 996 1168 959 1147 1045 1079 1101 886 1016 9,397 Reagan and Bush 874 722 920 895 968 940 943 811 1045 8,118 — Serrette and Ross 3 0 6 3 2 3 9 5 2 33 All Others 0 2 4 4 2 1 0 3 0 16 Blanks 23 13 16 12 16 12 13 9 21 135 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 SENATOR IN CONGRESS John F. Kerry 1059 1219 1037 1215 1111 1148 1194 946 1077 10,006 Raymond Shamie 785 655 839 809 887 857 837 739 958 7,366 Richardson 0 0 1 1 0 0 0 0 0 2 William F. Hurst 0 0 0 1 0 0 0 0 0 1 James Shannon 0 0 0 0 0 1 0 0 1 2 Blanks 52 31 28 35 35 29 35 29 48 322 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 REPRESENTATIVE IN CONGRESS - SEVENTH CONGRESSIONAL DISTRICT Edward J. Markey 1207 1289 1173 1272 1237 1202 1310 1031 1239 10,960 S. Lester Ralph 553 491 625 657 655 704 638 556 693 5,572 Sam Rotondi 0 1 0 0 0 2 0 0 0 3 Blanks 136 124 107 132 141 127 118 127 152 1,164 ..m... Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 COUNCILLOR - SIXTH DISTRICT Joseph A. Langone, III 1049 998 1030 1035 1054 952 989 841 1038 8,986 C. Fagerland 0 0 0 1 0 0 0 0 0 1 Andrew Tauber 0 0 0 0 2 0 0 0 0 2 W. Douglas Halsted 0 0 0 0 0 0 0 1 0 1 Blanks 847 907 875 1025 977 1083 1077 872 1046 8,709 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 4[.04 (State Election - November 6, 1984) Pr. 1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SENATOR IN GENERAL COURT - FOURTH MIDDLESEX DISTRICT Richard A. Kraus 1129 1238 1133 1229 1221 1240 1267 1005 1231 10,693 Allan McDonald 0 1 0 0 0 1 0 0 0 2 C. Fagerland 0 0 0 1 0 0 0 0 0 1 Earl Johnson 0 0 0 0 0 0 1 0 0 1 Karen Halsted 0 0 0 0 0 0 0 1 0 1 Blanks 767 666 772 831 812 794 798 708 853 7,001 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 , 36 REPRESENTATIVE IN GENERAL COURT - FIFTEENTH MIDDLESEX DISTRICT Stephen W. Doran 1210 1252 1133 1286 1283 1282 1339 1054 1209 11,048 Connie Foster 578 555 664 659 640 650 617 552 738 5,653 Blanks 108 98 108 116 110 103 110 108 137 998 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 REGISTER OF PROBATE - MIDDLESEX COUNTY Paul J. Cavanaugh 1072 1051 1069 1067 1087 1005 1045 879 1091 9,366 C. Fagerland 0 0 0 1 0 0 0 0 0 1 Elizabeth Tauber 0 0 0 0 1 0 0 0 0 1 J. Wayne Holt 0 0 0 0 0 0 0 1 0 1 Blanks 824 854 836 993 945 1030 1021 834 993 8,330 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 COUNTY COMMISSIONER - MIDDT,FSEX COUNTY Thomas J. Larkin 941 1024 971 1048 1003 996 1120 867 1037 9,007 Michael E. McLaughlin 728 677 607 694 656 630 606 508 602 5,708 Nicholas S. Polio 535 494 668 664 679 685 638 541 686 5,590 " Blanks 1588 1615 1564 1716 1728 1759 1768 1512 1843 15,093 Totals 3792 3810 3810 4122 4066 4070 4132 3428 4168 35,398 TREASURER - MIDDLESEX COUNTY William J. Gustus 1101 1075 1061 1073 1125 1035 1085 914 1114 9,583 Sharon Tauber 0 0 0 0 1 0 0 0 0 1 Earl Johnson 0 0 0 0 0 0 1 0 0 1 Stephen Cole 0 0 0 0 0 0 0 1 0 1 Blanks 795 830 844 988 907 1000 980 799 970 8,113 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 QUESTION 1 - NON BINDING: Shall the Senator from this district be instructed to / vote in favor of legislation repealing the seven and one-half percent surtax on the five percent Massachu- setts income tax? YES 706 716 768 791 873 792 872 707 815 7,040 NO 225 260 261 255 234 224 218 189 222 2,088 Blanks 965 929 876 1015 926 1019 976 818 1047 8,571 Totals 1896 1905 1905 2061 2033 2035 2066 1714 2084 17,699 A true copy. Attest: ZA R )2c 0 0 Mary R. McDonough, Town Clerk (FOR WARRANT - SEE WARRANT FILE) 41 . SPECIAL TOWN MEETING - NOVEMBER 26, 1984 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 187 Town Meeting Members present. Invocation was offered by Reverend Brian S. Dixon, Pastor of the First Baptist Church. 8:01 P.M. [IT Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the meeting. 8:02 P.M. The Constable's Return of the Warrant was read by the Town Clerk. 8:03 P.M. Margery M. Battin, Chairman of the Board of Selectmen, informed the meeting that it was the consensus of the Board and of the chairmen of the various committees, that all of the town meetings be called to order and start immedi- ately at 8 P.M. whether the different committees and town meeting members were in their seats. She advised that everyone be on time. 8:04 P.M. Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES The Moderator asked the Appropriation Committee, Capital Expenditures Committee and any other committees if they had any reports to file. As there were none, he stated that Article 1 would be open throughout the entire meeting. 8:04 P.M. Article 2. CONSERVATION LAND PURCHASE Presented by Selectman John C. Eddison. MOTION: That this article be postponed until December 10, 1984 at 8 P.M. 8:04 P.M. Moderator, Lincoln P. Cole, Jr. stated that he would not preside on the vote or any subsidiary motions on this article. He then stepped down and turned the meeting over to the Town Counsel, Norman P. Cohen. 8:05 P.M. Mr. Eddison explained that the Town does not have an agreement with the owners of the Pine Meadows Country Club at this time but that there is a reasonable chance that they can come to an agreement, so on that chance, they are asking for a postponement of the article. He added, that if the agenda is not entirely finished tonight, the remaining articles would be carried over to the December 10, 1984 meeting. He then gave a short background of what has been happening on this project since last June. 8:07 P.M. Selectman Paul W. Marshall, who with Mr. Eddison is co-chairman of the Negotiation Committee as appointed by the Board of Selectmen, gave the following summary of the committee's activities: October 3, 1984: Owners submitted offer and would like money by the end of the year. October 4, 1984: Town acquires appraiser. November 1, 1984: Made verbal offer to the owners excluding Bates Road property. November 7, 1984: Owners made written offer asking for rezoning of Cedar Street and Bates Road. Committee rejects offer. November 10, 1984: Town puts offer in writing and asked for a meeting with guardian ad litem. November 16, 1984: Owners receive letter of intent from new purchaser for higher amount. November 19, 1984: Meeting with guardian ad litem to request copy of written offer. November 19 - 26, 1984: Owners unable to finalize purchase. Mr. Marshall said that ,the committee feels that the town's current offer is consistent with their appraised value. a 4[0 6 (Special Town Meeting - November 26, 1984.) Article 2. As of today, according to Mr. Marshall, the owners will try to obtain (Cont. ) a purchase agreement form from the interested purchasers. If there is no signed commitment from the owners by December 10, 1984, the Selectmen will move to postpone this article. Mr. Marshall asks that the meeting vote for the postponement to December 10, 1984 to see if the town can reach a deal. 8:20 P.M. Mr. Eddison's motion to postpone Article 2 to December 10, 1984 at 8 P.M. was declared adopted by voice vote. 8:20 P.M. (See Page 411, 413 and 420) Article 3. Presented by Margery M. Battin. COMPUTER ASSESSMENT SYSTEM MOTION: That the sum of $60,000 be appropriated for the purchase of (As a computer-assisted assessment system for the Assessors' Office, and adopted) to raise such amount, $17,251.04 be transferred from the appropriation voted under Article 33 of the Warrant for the 1979 Annual Town Meeting and $42,748.96 be transferred from the Excess and Deficiency Account. 8:21 P.M. Mrs. Battin explained that this appropriation would be for a one time expense for the purchase of software for the Assessors' Department. When bids were received for the town computer system, as authorized at the 1984 Annual Town Meeting, there was only one bidder with a program for the Assessors' Department, but, it was not felt that this particular bidder was the best for the over-all project. This request is being made at this special town meeting rather than at the 1984 Annual Town Meeting as the clock is ticking, time is going by and the spring would be too late to get the project in motion. 8:28 P.M. Town Manager Robert M. Hutchinson, Jr. was recognized and he hoped that everyone had picked up the "Fact Sheet" on the back table as it answered some of the questions that had been raised at last week's Town Meeting Members Association Information Meeting. He added r--. that this system, as requested at this time, would be for residential property and the town may have to come back in the spring for more r money for commercial and industrial property. Revaluation is mandated by law and, if the town does not do a revaluation every three years, the state will come in and order the town to revalue. It will be cheaper if the town can do this itself. Mr. Hutchinson expressed thanks and appreciation to David Gilbert, Chairman of the Data Processing Committee and to Michael J. O'Sullivan, a member of the Appropriation Committee, for all their help and assistance. 8:34 P.M. David Gilbert, Chairman of the Data Processing Committee, gave an overview of the procedures and finalization of the town's computer system that was recently awarded to Data National. He said that of the eleven vendors bidding on the town system, only one vendor had a package for the Assessors Department. And, as stated by Mrs. Battin, this vendor's package was not the best of the lot. 8:37 P.M. In response to a question raised by William T. Spencer, Mrs. Battin said that the Assessors say that the law does not require them to go house to house for revaluation. 8:39 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee, voiced the approval of his committee on this article. 8:40 P.M. In answer to Frank Sandy, Mr. Hutchinson stated that the maintenance cost would be approximately $300. per month. 8:52 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said that although his committee is upset with the procedures that have gone on, they would reluctantly support the article. 8:53 P.M. Although Frederick C. Frick does not disapprove of computerizing the Assessors' Department, he said that he does not feel that we should rush into it. He added that he does not feel that we should be pushed by the idea of the state taking over the reassessment process. He asked that the meeting vote this article down. 8:55 P.M. (Special Town Meeting - November 26, 1984.) 407 Article 3. Responding to Louis E. Conrad, Mr. Hutchinson said that the town (Cont.) would not be able to do work for other towns in order to recoup some of the costs as the program would be under license to the vendor. Also, regarding reducing the staff in the department, Mr. Hutchinson said that this would be additional work for the existing staff which had already been reduced by Proposition 22. 8:57 P.M. Former Assessor John J. McWeeney praised the work of David Stusse of the Assessors Department in the last revaluation and spoke of the volume of work that had to be done. 8:58 P.M. Esther S. Arlan, on behalf of the Capital Expenditures Committee, raised the following questions: 1. How many other towns use this system? 2. What would happen if we wait until spring? 3. Does this just relate to residential? 8:59 P.M. Mr. Hutchinson answered that Boston, New York and Vermont use this system; the town will be back in the spring for commercial property but hopes that it will be less; if we wait until spring, we would not be able to do the job. 9:01 P.M. Main motion, as presented by Mrs. Battin, was declared adopted by voice vote. 9:02 P.M. Paul E. Hamburger said that as Article 4 and 5 covered the same subject, he would like to have them discussed together but voted on separately. 9:02 P.M. The Moderator stated that the meeting would discuss Articles 4 and 5 together but they would, of necessity, be voted on separately. 9:03 P.M. Article 4. POOR FARM r- Presented by Paul E. Hamburger. (Lost) MOTION: That the vote passed under Article 9 of the Warrant for the 1984 Annual Town Meeting be rescinded. 9:03 P.M. Mr. Hamburger explained that the Town Meeting Members Association had introduced Articles 4 and 5 and they did not feel that the intended use of this property was an appropriate use. 9:06 P.M. Richard Harding, a resident at 83 Hill Street, voiced his concern about a duplex house being built as the neighborhood is all single family dwellings. He urged the meeting to vote "yes" on Article 4 and under Article 5 instruct the town to construct a single family dwelling. 9:15 P.M. Paul W. Marshall said that the Board of Selectmen were unanimous in their opposition to Article 4. He asked that Roberta Black, Chairman of Youth Services Committee be recognized. Mrs. Black spoke of the need of this type of housing and said that the mentally retarded that would be living here would be between the ages of 16 and 62. They would be under supervision at all times when they are at home. 9:19 P.M. Paul Riff in said that he felt that this was a fine idea and thinks that Lexington should support this program. He questioned the size of the lot (15-,000 sq. ft. according to Angela E. Frick and he felt that there should be a resolution that this construction would be a single family dwelling. 9:21 P.M. Charles E. Connolly, Jr. wondered if the land would revert back to the Conservation Commission. Mr. Hamburger said that the Selectmen had not conveyed the land to the Lexington Housing Authority and, if Article 4 is adopted, it would not be conveyed. It would stay with the Board of Selectmen and not go back to the Conservation Commission without a special vote of town meeting. 9:25 P.M. 4058 (Special Town Meeting - November 26, 1984. ) Article 4. Jacquelyn H. Ward urged the meeting to vote "no" on this article. (Cont. ) 9:25 P.M. Mr. Hamburger answered Marshall J. Derby's question by saying that if Article 4 is adopted, he (Mr. Hamburger) plans no amendments to Article 5. 9:25 P.M. Angela E. Frick, Conservation Commission member, explained that the lot size is 15,000 square feet and that any house built on this lot would have to be very small. She added that this lot, Lot 6, has a drainage problem and the Commission questions whether this is a suitable lot for this purpose. 9:27 P.M. Selectman John F. McLaughlin explained that this lot is an average e.. size lot in this particular neighborhood. The house will look like a single family house although it will be a duplex. He asked that the meeting vote "no" on this article. 9:30 P.M. Paul Newman asked that Bill Crane, a resident at 18 Hill Street, be recognized. Mr. Crane urged a "no" vote on Article 4. 9:33 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, introduced Steven Spinetto, State Senior Development Officer for Chapter 766, who showed slides of houses in various towns that have been built or renovated for the purpose of housing the mentally retarded. The building that would be built on the Poor Farm lot will be slightly larger than some of the houses in the neighborhood - approximately 2,500 square feet. 9:38 P.M. Mr. McLaughlin then asked that Margaret Cole, a resident at 1 Belfry Terrace be recognized. Mrs. Cole voiced her support of the town proposal for the home. She explained that she is a neighbor of the same type of home on Forest Street and that there have never been any problems. The inhabitants are never left unattended and they have been excellent neighbors. 9:40 P.M. Marian G. Shepp, a resident at 68 Shade Street, was recognized and she spoke in favor of the house for the retarded. She is the mother of a mentally retarded child who has been housed outside of Lexing- ton and it has become very costly. She therefore spoke of the needs for this type of housing for others as well as her own family. 9:45 P.M. Florence E. Connor said that she would like to swap this lot, Lot 6, for another lot in the town. 9:45 P.M. Donald D. Wilson, Lexington Housing Authority Member, urged a "no" vote on Article 4. 9:53 P.M. Elizabeth G. Flemings said that the Planning Board supported the housing but did have concerns. They would support a "no" vote on Article 4 but hope that the Selectmen keep in the mind the density in the area, adding that the project would be exempt from zoning regulations. 9:55 P.M. Margaret F. Rawls and William T. Spencer urged a "no" vote and Mr. Spencer added that there are no other sites so there couldn't be any swap with this lot. 10 P.M. Benjamin H. Golini urged a "yes" vote and stated that he would then move to amend Article 5. 10:07 P.M. Lloyd Gilson moved the previous question which was declared adopted by voice vote. 10:07 P.M. Main motion under Article 4, as presented by Paul E. Hamburger, was declared lost by voice vote. 10:08 P.M. (Special Town Meeting - November 26, 1984.) 409 Article 5. POOR FARM Presented by Paul E. Hamburger. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:08 P.M. Article 6. SANITARY SEWERS Presented by Robert F. Sacco. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) 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 amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of $310,000 and to raise such amount $310,000 be transferred from the Excess and Deficiency Account; to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects; and to authorize the Selectmen to enter into an agreement with the Town of Arlington to provide for a sewer connection for Bowman Street and Golden Avenue 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. 10:10 P.M. Mr. Sacco listed the following streets to be included, although not necessarily in their entirety: Contract A: Spring Street, Vine Street, Bowman Street and Golden Avenue Contract B: Alpine Street, Pleasant Street, Wood Street and Piper Road 10:15 P.M. William J. Dailey, Jr. , Chairman of the Appropriation Committee and Daniel L. McCabe, Chairman of the Capital Expenditures Committee stated that their respective committees recommended favorable action on Article 6. 10:15 P.M. Main motion, as presented by Mr. Sacco, declared adopted by voice vote. 10:16 P.M. Manfred P. Friedman moved that this meeting be adjourned to Monday, December 10, 1984 at 8 P.M. in Cary Memorial Hall. 10:17 P.M. David G. Williams served notice of reconsideration of Article 6. 10:19 P.M. Voice vote on Mr. Friedman's motion to adjourn to Monday, December 10, 1984 at 8 P.M. was doubted by the Moderator, so a standing vote was taken as follows: 1 (j (Special Town Meeting - November 26, 1984. ) Voice vote on motion to adjourn: PRECINCT IN FAVOR TELLERS OPPOSED One 13 Nancy L. Barter 4 Two 14 Karen A. Dooks 3 Three 9 Marian C. Reilly 8 Four 5 Peter C. J. Kelley 7 Five 9 Julie F. Triessl 4 Six 7 John S. Willson 12 Seven 10 Winifred L. L. Friedman 7 Eight 9 Benjamin H. Golini 6 Nine 15 L. Gail Colwell 2 At Large 14 John R. Campbell 12 Totals 105 65 Mr. Friedman's motion to adjourn to Monday, December 10, 1984 at 8 P.M. in Cary Memorial Hall was declared adopted. 10:25 P.M. A true copy. Attest: 7)144A4-- )26 c'4,3tt-t/1/8-tA,0/4 Mary R. McDonough, Town Clerk 4[I_ =. ADJOURNED SESSION OF THE NOVEMBER 26, 1984 SPECIAL TOWN MEETING HELD DECEMBER 10, 1984 The meeting was called to order at 8 P.M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There were 158 Town Meeting Members present. Invocation offered by Reverend John H. Satterberg, Pastor of the Trinity Covenant Church. 8:01 P.M. The Moderator informed the meeting that Article 1 would remain open through- .— out the meeting. The Moderator stated that the meeting was now open on Article 2. Article 2. CONSERVATION LAND PURCHASE (See Paul W. Marshall moved that Article 2 be postponed to February 4, Pages 1985.at 8 P.M. 8:02 P.M. 405, 413 The Moderator stepped down and turned the meeting over to the Town and Counsel, Norman P. Cohen. At the November 26, 1984 session of this 420) meeting, Mr. Cole stated that he would not preside on the vote or any subsidiary motions on this article. (See Page 405) The intent of the postponement is to keep open a tactical option. Mr. Marshall stated that they do not have a deal and that the owners of the Pine Meadows Golf Course on Cedar Street have not shown the town a signed, unconditional purchase and sale agreement with a third party. If there is no deal on February 4, 1985, the meeting will be again adjourned to Monday, March 25, 1985, the first session of the 1985 Annual TownMeeting. Mr. Marshall's motion to postpone Article 2 to February 4, 1985 at 8 P.M. was declared adopted unanimously. 8:06 P.M. Article 7. RESOLUTION RELATING TO MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL Presented by Benjamin H. Golini. MOTION: That the resolution set forth in this article be approved. 8:07 P.M. (Resolution as set forth in the article in the warrant: (As RESOLVED that Chapter 196 of the Acts of 1984 entitled "An Act Adopted) Authorizing The Minuteman Regional Vocational Technical School District To Enter Certain Leases Or Contracts" be amended to require a two-thirds vote of town meeting rather than a majority vote before such leases or contracts may be entered into by the District.) Mr. Golini explained that this article was presented by the Town Meeting Members Association Executive Board and added that said board takes no stand on this article, either for or against. He then gave the highlights of Chapter 196 of the Acts of 1984. 8:10 P.M. Selectman John C. Eddison, saying that he agrees with Selectman Marjery M. Battin, stated that this should be an educational exemption and recommended to the meeting that they adopt the resolution. 8:20 P.M. Judith J. Uhrig voiced the support of the Planning Board for this resolution. 8:21 P.M. Margaret F. Rawls favored the resolution while Jacquelyn H. Ward, reading a statement of the Executive Director of the Children of Special Needs Program, voiced disapproval. 8:30 P.M. 14112 4 G `1 (Adjourned Session of the November 26, 1984 Special Town Meeting - held December 10, 1984.) Article 7. William W. Welch, Jr. , Robert Jackson, Minute Man Regional School (Cont. ) Committee Member from Lexington and Jack Donahue, Chairman of the Arlington School Committee all spoke in opposition to the resolution. 8:40 P.M. Ronald Fitzgerald, Superintendent of the Minute Man Regional School, spoke in opposition, stating that the school was using a hotel, not a hotel using school. He added that the issue was quality and that he would come back to town meeting with details of the lease. 8:57 P.M. Arthur C. Smith asked if a referendum process was included in Chapter 196. Town Counsel Norman P. Cohen stated that as he represented both the Minute Man Regional School and the Town of Lexington he would not take part in the discussion without consent of both but he did answer Mr. Smith's query that there was a referendum process . 9:04 P.M. Julian J. Bussgang said that the land was taken by a two-thirds vote and he felt that it is appropriate that this proposal should be a two-thirds vote. 9:05 P.M. John W. Maloney spoke in opposition to the resolution. 9:05 P.M. James M. McLaughlin asked that the following former students of the school be recognized and they all spoke in opposition to the resolution and praised the school and its programs: Ann M. Pace, Barbara Brackett and Rita Shapiro. 9:11 P.M. Donald D. Wilson stated that he was impressed with the school and did not feel that this was a zoning issue but that it was an educa- tional issue. 9:13 P.M. Patricia A. Swanson spoke in opposition to the resolution and said that if adopted, this would make it very difficult for the school. She urged defeat. 9:17 P.M. Paul E. Hamburger, Chairman of the Town Meeting Members Association, told the meeting that this is not a vote for or against vocational education and urged support of the resolution. 9:18 P.M. Gerald L. Abegg felt that this was not an educational issue and also felt that we should ask for a two-thirds vote. 9:19 P.M. George A. Burnell moved the previous question which was declared adopted by voice vote. 9:20 P.M. Main motion, as presented by Benjamin H. Golini, was declared adopted by voice vote. 9:20 P.M. Paul W. Marshall moved that this meeting be adjourned to Monday, February 4, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 9:20 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ,c, Manfred P. Friedman, 176 Grove Street, a Town Meeting Member in Precinct Seven, died on January 3, 1985. Sharon L. Avakian-Avedisian, 118 Blake Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Seven at the Annual Town Election held March 5, 1984. As of January 10, 1985 she filed her acceptance of the position as Town Meeting Member to fill the vacancy caused by the death of Mr. Friedman. Mrs. Avakian-Avedisian's term will expire in March 1985. ADJOURNED SESSION OF THE NOVEMBER 26, 1984 SPECIAL TOWN MEETING HELD FEBRUARY 4, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. On January 30, 1985 the following postcard was mailed to all Town Meeting Members: "January 30, 1985 To Lexington Town Meeting Members: As you know, an adjourned session of the Special Town Meeting has been scheduled for Monday, February 4, 1985 at 8:00 P.M. in Cary Memorial Hall. This was scheduled in the event that negotiations had been concluded regarding the purchase of Pine Meadows Golf Course. Since no conclusion has been reached as of this date, it is our intent to adjourn the Special Town Meeting to Monday, March 25, 1985 to coincide with the first deliberative session of the 1985 Annual Town Meeting. A representative of the Board of Selectmen will be present with the Town Moderator to move that this be adjourned until March 25. Your attendance on February 4, therefore, is not required. BOARD OF SELECTMEN" Pursuant to the above notice, there were four Town Meeting Members present as follows: Moderator, Lincoln P. Cole, Jr. , Town Counsel, Norman P. Cohen, Town Clerk, Mary R. McDonough and Precinct Five Town Meeting Member, Ephraim Weiss. Mr. Weiss moved that this session of town meeting be adjourned to Monday, March 25, 1985 at 8:15 P.M. in Cary Memorial Hall. 8:01 P.M. Motion to adjourn was declared adopted unanimously. 8:01 P.M. 41A/q- U 4h44/4 u Mary R. McDonough, Town Clerk 41 14 (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MARCH 4, 1985 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 4, 1985 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. Collins Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Donna Alexson R Virginia M. Warner Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Elliott J. Barrett R Winifred F. Hubbard Inspector D Alice A. Coletta Precinct Five Precinct Six D Cornelius P. Cronin Warden D Mary C. Casey R Winifred E. Ivester Clerk R Evelyn M. Belbin D Ellen B. O'Connell Inspector D Elizabeth H. Clarke R Elinor M. Vassallo Inspector R Rachel M. Higgins Precinct Seven Precinct Eight D Ann M. Baum Warden R Robert P. Trask, Jr. R Dorothy 0. Jones Clerk D Helen C. MacGillivray D Mary G. Faulkingham Inspector R Josephine M. Luther R Doris E. Barclay Inspector D Stella Helen Laurendeau Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret M. McCarthy 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. The total number of registered voters in each precinct eligible to vote as of February 12, 1985 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,144 1,180 407 557 2 2,167 1,274 367 526 3 2,173 1,068 413 692 4 2,349 1,209 529 611 5 2,350 1,186 436 728 6 2,272 1,123 573 576 7 2,326 1,193 486 647 8 1,961 921 438 602 9 2,337 1,078 507 752 TOTALS 20,079 10,232 4,156 5,691 ANNUAL TOWN ELECTION - MARCH 4, 1985 415 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 9:21 P.M. Precinct 2 9:07 P.M. Precinct 3 9:18 P.M. Precinct 4 9:19 P.M. Precinct 5 8:50 P.M. Precinct 6 9:02 P.M. Precinct 7 8:42 P.M. Precinct 8 9 P.M. Precinct 9 8:53 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 659 voters cast their vote Precinct 2 646 voters cast their vote Precinct 3 598 voters cast their vote Precinct 4 771 voters cast their vote Precinct 5 647 voters cast their vote Precinct 6 775 voters cast their vote Precinct 7 585 voters cast their vote Precinct 8 628 voters cast their vote Precinct 9 547 voters cast their vote TOTAL 5,856 voters cast their vote 29.1647% of the 20,079 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN VOTED BY MAIL - (Excluding Certified Permanently Disabled) APPLICATIONS BALLOTS BALLOTS RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE 1 12 11 1 2 4 4 3 14 11 2 1 4 18 17 1 5 6 3 3 6 19 19 7 4 3 1 8 11 10 1 9 6 6 Totals 94 84 9 1 VOTED BY MAIL - (CERTIFIED PERMANENTLY DISABLED) 1 1 1 4 1 1 Totals 2 2 VOTED OVER THE COUNTER 1 13 13 2 13 13 3 14 14 4 37 37 [I- 5 10 10 6 21 21 7 18 18 8 10 10 9 5 5 Totals 141 141 NON-REGISTERED VOTERS 4 1 1 Totals 1 1 FINAL TOTALS 238 228 9 1 REJECTED AS DEFECTIVE: 2 in Precinct 8 1.18% of registered voters requested absentee ballots. 95.798% of applications processed responded. 416' (AMNt1AL TOWN ELECTION - MARCH 4, 19$5) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Total SELECTMAN William J. Dailey, Jr. 467 369 366 402 431 389 335 411 315 3,485 Margaret F. Rawls 184 272 226 361 209 381 247 215 229 2,324 Blanks 8 5 6 8 7 5 3 2 3 47 Totals 659 646 598 771 647 775 585 628 547 5,856 William J. Dailey, Jr. was elected to the Board of Selectmen for a term of three —' years expiring in March 1988. MODERATOR Lincoln P. Cole, Jr. 497 508 461 587 491 611 437 502 403 4,497 Blanks 162 138 137 184 156 164 148 126 144 1,359 Totals 659 646 598 771 647 775 585 628 547 5,856 Lincoln P. Cole, Jr. was elected Moderator for a term of one year expiring in March 1986. SCHOOL COMMITTEE Shepard Anthony Clough 388 332 311 429 390 504 348 370 290 3,362 Lynda A. Wik 275 350 244 348 253 342 239 245 244 2,540 No Preferance 1 1 Blanks 655 610 640 765 651 704 583 641 560 5,809 Totals 1318 1292 1196 1542 1294 1550 1170 1256 1094 11,712 Shepard Anthony Clough and Lynda A. Wik were elected to the School Committee, each for a term of three years expiring in March 1988. , PLANNING BOARD Karsten Sorensen 362 356 330 476 370 466 315 342 296 3,313 Blanks 297 290 268 295 277 309 270 286 251 2,543 Totals 659 646 598 771 647 775 585 628 547 5,856 Karsten Sorensen was elected to the Planning Board for a term of five years expiring in March 1990. LEXINGTON HOUSING AUTHORITY William Spencer Sullivan 315 273 227 273 252 253 219 256 216 2,284 William T. Spencer 218 249 240 343 270 408 250 259 223 2,460 Blanks 126 124 131 155 125 114 116 113 108 1,112 Totals 659 646 598 771 647 775 585 628 547 5,856 William T. Spencer was elected to the Lexington Housing Authority for a term of five years expiring in March 1990. TOWN MEETING MEMBERS - PRECINCT ONE *Joel A. Adler 317 Roland W. Gubisch 161 *James E. Barry 317 *Frederick H. Hagedorn 349 *Barry E. Sampson 287 Paul Levy 284 *James S. Wilson 350 *Edward P. Shannon 409 *Judith L. Zabin 309 Blanks 1,830 *Elected for three years. Pte' (ANNt1AL TOWN ELECTION - MARCH 4, 19$5) 1_6= TOWN MEETING MEMBERS - PRECINCT TWO *Elizabeth H. Clarke 321 J. Eugene Beauchemin 214 *Michael J. O'Sullivan 359 *Narita B. Hartshorn 366 *Vicky L. Schwartz 318 John R. Holt 202 *William S. Widnall 286 Joseph C. Steinkrauss 263 *Alan B. Wilson 336 Blanks 1,512 *Donald D. Wilson 345 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE *Jacqueline B. Davison 313 Daniel J. Griffin, Jr. 208 *Donna M. Hooper 303 Jeanne K. Krieger 202 *Marjorie K. Madoff 231 Marilyn K. Mairson 190 *Paul V. Riff in 227 Richard L. Neumeier 193 *Jacquelyn R. Smith 268 *Katherine M. Whyte 264 *Richard W. Souza 248 Blanks 1,339 Robert B. Giuffreda 200 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FOUR *Gerald L. Abegg 421 **Daniel L. McCabe 349 Nyles Nathan Barnert 347 *Richard F. Perry 377 *William J. Dailey, Jr. 472 David J. Buczkowski 224 *Frederick C. Frick 375 Frederick J. DeAngelis 261 *Katherine G. Fricker 357 *Donald R. Giller 370 *Peter C. J. Kelley 366 Blanks 2,249 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT FIVE *Guy W. Doran 456 Patric P. Barbieri 223 *Leona W. Martin 249 *Cynthia L. Blumsack 242 *Sam Silverman 273 Douglas A. McArthur 239 *Edgar R. Stuhr 257 *Diran M. Semonian 270 *Julie F. Triessl 267 Blanks 1,823 Mary Kathryn Wolf 230 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SIX Earl F. Baldwin, Jr. 278 *Shepard Anthony Clough 312 John F. Downey, Jr. 276 Robert H. Domnitz 246 *Thomas E. Fortmann 331 *Edmund C. Grant 345 Michael W. Golay 306 James J. Lima, Jr. 244 *Sam V. Nablo 369 *Joyce A. Miller 326 *Edith Sandy 409 Blanks 1,579 *Frank Sandy 404 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN Sharon L. Avakian-Avedisian 215 *Marvin H. Greenberg 224 *George A. Burnell 315 *Marthur H. Kalil 301 *Clarice B. Gordon 307 *Robert V. Whitman 352 --- *John E. Taylor 327 Blanks 1,687 *Iris G. Wheaton 367 *Elected for three years. 418 ANNUAL TOWN ELECTION - MAROii 4, 1985 TOWN MEETING MEMBERS - PRECINCT EIGHT *Richard H. Battin 343 *Sheldon A. Spector 265 *Benjamin H. Golini 361 *Christopher B. Williams 269 *Carolyn H. Tiffany 340 Anthony Mancini 1 *Donald L. Bailey 380 Blanks 2,099 *Gordon R. Osgood 338 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT NINE *Jane P. Buckley 326 *Janet Perry 300 *Anna P. Currin 302 Daniel Friedlander 190 *Deborah B. Green 300 *Fred D. Rosenberg 258 *William P. Kennedy 271 Blanks 1,573 *Paul E. Mazerall 309 *Elected for three years. A true copy. Attest: -4 G ' � Mary R. McDonough, Town Clerk William J. Dailey, Jr. , 1 Bushnell Drive, resigned as a Town Meeting Member from Precinct 4 effective March 6, 1985. As Mr. Dailey was elected to the Board of Selectmen at the Annual Town Election held March 4, 1985, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Nyles Nathan Barnert, 142 Worthen Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct 4 at the Annual Town Election held March 4, 1985. As of March 8, 1985 Mr. Barnert accepted the position of Town Meeting Member from Precinct 4 to fill the vacancy caused by the resignation of Mr. Dailey. This term will expire in March 1986. Sheila Clemon-Karp, 12 Bryant Road, resigned as a Town Meeting Member from Precinct 1 effective March 21, 1985. Paul Levy, 11 Winchester Drive, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct 1 at the Annual Town Election held March 4, 1985. As of March 25, 1985 Mr. Levy accepted the position of Town Meeting Member from Precinct 1 to fill the vacancy caused by the resigna- tion of Mrs. Clemon-Karp. This term will expire in March 1986. 410 ANNUAL TOWN MEETING - MARCH 25, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by Moderator, Lincoln P. Cole, Jr. There were 166 Town Meeting Members present. Invocation was offered by Reverend Gay M. Godfrey, Associate Minister at the Hancock United Church of Christ. 8:01 P.M. The Moderator asked for a moment of silence in memory of Manfred P. Friedman, Town Meeting Member from Precinct 7, who died on January 3, 1985. 8:02 P.M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further reading was waived by the meeting. 8:03 P.M. The Town Clerk read the Constable's Return of the Warrant. 8:05 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Ione D. Gering moved that the report of the Committee on Cary Lectures be accepted and placed on file. Adopted unanimously. 8:06 P.M. The Moderator stated that Article 2 would be open to receive reports throughout the entire meeting. 8:06 P.M. Article 3. APPOINTMENT TO CARY LECTURE SERIES Presented by Paul W. Marshall. 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. Adopted unanimously. 8:07 P.M. Article 4. CHARLES FERGUSON FUND Presented by Paul W. Marshall. MOTION: That the Town accept with gratitude the gift of the late Alice R. Ferguson in the amount of $5,000.00 in memory of Charles E. Ferguson. 8:07 P.M. Mr. Marshall informed the meeting that Mr. Ferguson had been a long term public servant for the Town of Lexington having served as Selectman, Moderator, State Representative and State Senator. Motion, as presented by Mr. Marshall, declared adopted unanimously. 8:07 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, reported that Articles 3 through 9 would be brought up tonight. He understood that there would be a motion to take up Article 17 out of order and to discuss Articles 7 and 17 together but to vote on each of them separately. He also said that the plan was to bring up the zoning articles on Wednesday, March 27th, with the exception of Article 11 which would be brought up on Monday, April 1. 8:09 P.M. 420 (ANNUAL TOWN MEETING - MARCH 25, 1985.) (ADJOURNED SESSION OF NOVEMBER 26, 1984 SPECIAL TOWN MEETING.) Article 5. DOG HEARING PROCEDURES Presented by John C. Eddison. (Chap. MOTION: That the Selectmen be and they hereby are authorized to 558 - petition the General Court for an act to permit the Chief of Police or Acts his designee to carry out the functions assigned to the Selectmen under of G.L.c.140s.157 relating to dog complaints. 1985) 8:07 P.M. Mr. Eddison said that the Board of Selectmen supported this motion. Motion as presented by Mr. Eddison adopted by voice vote. 8:14 P.M. Paul W. Marshall moved that this Town Meeting be adjourned until the dissolution of the Special Town Meeting.in Cary Memorial Hall. Adopted unanimously. 8:15 P.M. 71/eviudi. '2X 4.0144J(A4.4, Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE NOVEMBER 26, 1984 SPECIAL TOWN MEETING HELD MARCH 25, 1985 The Moderator, Lincoln P. Cole, Jr. stated that the Special Town Meeting was now in session, calling the meeting to order in Cary Memorial Hall at 8:15 P.M. There were 166 Town Meeting Members present. The Moderator declared the meeting was open on Article 2. Article 2. CONSERVATION LAND PURCHASE Presented by Paul W. Marshall. MOTION: Under Article 2 I move that this article be indefinitely postponed. Adopted unanimously. 8:15 P.M. (This adjourned session of the November 26, 1984 Special Town Meeting had been adjourned to this date on February 4, 1985. See Page 413.) Paul W. Marshall moved that this Special Town Meeting be dissolved. Adopted unanimously. 8:15 P.M. A true copy. Attest: -44A,O(A U pIA44, Mary R. McDonough, Town Clerk 421 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MARCH 25, 1985 The Moderator, Lincoln P. Cole, Jr. called the meeting to order at 8:16 P.M. in Cary Memorial Hall. There were 173 Town Meeting Members present. Article 6. DISCLOSURE OF REAL PROPERTY Presented by William T. Spencer. MOTION: That the Town amend the General By-Laws by adding the following _ (Not section to Article II: adopted) Section 3. The following definitions shall apply to this section: "Candidate for Elected Position": A person who files nomination papers with the Town Clerk for a position as Selectman, Town Moderator, or as a member of the School Committee, Planning Board, or Lexington Housing Authority. "Candidate for Appointed Position": A person who is under con- . sideration for appointment or reappointment to a position as Town Manager, Town Counsel, Town Assessor, Planning Director, Director of Public Works/Engineering, Building Commissioner, Conservation Adminis- trator or as a member of the Board of Appeals, Board of Assessors, Conservation Commission, Historic Districts Commission, Appropriations Committee or Capital Expenditures Committee. "Immediate Family": Spouse and dependent children residing in the household of the candidate. "Significant Interest": Any direct or indirect interests which in the aggregate total more than 1% of the value of the parcel of real property. L . Each candidate for an elected or appointed position in the Town of Lexington shall file with the Town Clerk a disclosure of the location of each parcel of real property, other than principal residence, within or contiguous to Lexington in which, to his knowledge, he and/or his immediate family has a significant interest. Disclosures shall be filed on a form provided by the Town Clerk and shall be in the public record. A candidate for elected position shall file his disclosure prior to the deadline for filing nomination papers. A candidate for appointed position shall file his disclosure prior to appointment. The penalty for violation of this Section shall be not less than $50 and not more than $300. 8:19 P.M. Mr. Spencer asked that Robert H. Domnitz, 14 Oakland Street be recognized. Mr. Domnitz gave a lengthy explanation of this motion as the pro- ponent. 8:33 P.M. John C. Eddison voiced the unanimous opposition of the Board of Selectmen but added that he and Margery M. Battin, Selecman, would support the appointment of a special committee to study this. 8:34 P.M. Questions were raised by Town Clerk, Mary R. McDonough and Renee T. Cochin regarding the penalty for the violation. 8:38 P.M. Patricia K. Hagedorn and John Hayward spoke in opposition. 8:45 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 8:46 P.M. Main motion, as presented by Mr. Spencer, declared lost by voice vote. 8:47 P.M. 422 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 25, 1985) Ephraim Weiss served notice of reconsideration of Article 6. 8:47 P.M. (See Page 502) Margery M. Battin moved that Article 17 be taken up out of order at this time and be discussed in conjunction with Article 7 but that both be voted separately. 8:47 P.M. Karsten Sorensen, Ephraim Weiss and Iris G. Wheaton spoke in opposition to this motion. 8:52 P.M. Motion, as offered by Mrs. Battin, to take up Article 17 out of order with Article 7 was declared lost by voice vote. 8:54 P.M. Article 7. PROFESSIONAL REVIEW BOARD Presented by Roger F. Borghesani. (See MOTION: That a scientific advisory committee be formed to study the amended impact on the Town of hazardous substances and to make recommenda- motion tions as to what steps might be taken to minimize that impact, the Page committee of seven residents to be appointed by the Selectmen for the 518.) period of one year and to report to the Selectmen and the Town Meeting at the next annual meeting, in 1986. 8:56 P.M. Karsten Sorensen spoke in support of the motion. 9 P.M. Margery M. Battin said that both the Board of Selectmen and the Board of Health unanimously supported defeat of this motion. She added that the safeguards are already in place. At her request, James Lambie, Chairman of the Board of Health, was recognized and reaffirmed the statement made by Mrs. Battin and added that it would be premature to appoint such a committee at this time. 9:08 P.M. - Motion, as presented by Mr. Borghesani, was declared adopted by voice vote. 9:14 P.M. Article 8. FAIR HOUSING POLICY (See Stanley E. Toye moved that this article be postponed until after Pages Article 11 - 24 have been taken up. 523 & 524.) Adopted unanimously. 9:16 P.M. Margery M. Battin served notice of reconsideration of Article 7. 9:16 P.M. (See Page 518.) Article 9. WETLAND PROTECTION BY-LAW Presented by David G. Williams. (See MOTION: That Article XXXII of the General By-Laws of the Town of page Lexington be amended as set forth in the article and in addition 423 as follows: for adopted j . In Section 1, change the word "accomplished" to "accompanied", and motion) k. In Section 3, change the figure "50" to "40", and 1. In Section 7.3 delete "c 1", and m. In Section 10, change the word "have" to "has". 9:17 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 25, 1985) A Article 9. (Article 9 as set forth in the article plus the four additions: (Cont.) To see if the Town will vote to amend Article XXXII of the General By-Laws of the Town of Lexington.as follows: a. In Section 1, by deleting the phrase "or swamp bordering on any" and inserting in place thereof the word "swamp" and b. In Section 1, by deleting the words "of Twenty-five dollars ($25)" and inserting in place thereof the phrase "to be determined in accordance with a fee schedule adopted by the Conservation Commis- sion" and c. In Section 1, by inserting the word "and" following the phrase "including such plans as may be necessary to fully describe such proposed activity and its effect on the environment" and d. In Section 2.1, by deleting the word "and" following "and other homes or buildings" and inserting in place thereof the word "or" and e. In Section 2.1, by inserting the phrase "to aquatic life or wildlife," after the words "and other homes or buildings," and f. In Section 2.1, by inserting the words "the Commission" following the phrase "of streams, ponds or other bodies of water" and g. In Section 7.4, by deleting the words "the act" and inserting in place thereof the words "this By-Law" and h. In Section 7.6(a) , by deleting the phrase "from the bank of any beach" and inserting in place thereof the phrase "from the edge of any bog" and i. In Section 9, by deleting the number 200 and inserting in place thereof the number 300, j . In Section 1, change the word "accomplished" to "accompanied", and k. In Section 3, change the figure "50" to "40", and 1. In Section 7.3 delete "c 1", and m. In Section 10, change the word "have" to "has".) Mr. Williams asked that Charles Wyman, Conservation Director, be recognized and Mr. Wyman gave an explanation of each of the above changes. 9:26 P.M. John C. Eddison said that the Board of Selectmen unanimously recommended approval of this article. 9:27 P.M. Main motion, as presented by David G. Williams, declared adopted by voice vote. 9:27 P.M. (Motion as adopted reads: MOTION: That Article XXXII of the General By-Laws of the Town of (As Lexington be amended as follows: r— adopted) a. In Section 1, by deleting the phrase "or swamp bordering on any" (Approved and inserting in place thereof the word 'swamp" and by Atty. General b. In Section 1, by deleting the words "of Twenty-five dollars August ($25)" and inserting in place thereof the phrase "to be determined 2, 1985. in accordance with a fee schedule adopted by the Conservation Advertised Commission" and Lex. Min.Man Aug. 15 & c. In Section 1, by inserting the word "and" following the phrase 22, 1985) "including such plans as may be necessary to fully describe such proposed activity and its effect on the environment" and 424 (ADJOURNED SESSION 0V THE 1985 ANNUAL TOWN MEETING - MARCH 25, 1985) Article 9. (Article 9 as adopted: (Cont.) (Cont.) d. In Section 2.1, by deleting the word "and" following "and other homes or buildings" and inserting in place thereof the word "or" and e. In Section 2.1, by inserting the phrase "to aquatic life or wildlife," after the words "and other homes or buildings," and f. In Section 2.1, by inserting the words "the Commission" following adopted) the phrase "of streams, ponds or other bodies of water" and g. In Section 7.4, by deleting the words "the act" and inserting in place thereof the words "this By-Law" and `., h. In Section 7.6(a) , by deleting the phrase "from the bank of any beach" and inserting in place thereof the phrase "from the edge of any bog" and i. In Section 9, by deleting the number 200 and inserting in place thereof the number 300, j . In Section 1, change the word "accomplished" to "accompanied", and k. In Section 3, change the figure "50" to "40", and 1. In Section 7.3 delete "c 1", and m. In Section 10, change the word "have" to "has". Adopted by voice vote. 9:27 P.M.) Paul W. Marshall moved that this meeting be adjourned to Wednesday, March 27, 1985 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by voice vote at 9:27 P.M. A true copy. Attest: , J Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING 425 HELD MARCH 27, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 171 Town Meeting Members present. Invocation was offered by Rev. Deacon William Wildes of St. Brigid's Church. 8:02 P.M. Article 2. Jacquelyn R. Smith gave the order that the zoning articles would be brought before the meeting as follows: For this evening: Articles 10, 12, 14 and 15. Article 11 will be brought up Monday at 8 P.M. Article 13 will be postponed until Wednesday, April 3. Article 16 will follow Article 11. Article 20: a letter has been received from McNeil & Assoc. Inc. informing the Planning Board that Albert P. Zabin will move that this article be indefinitely postponed. 8:07 P.M. The Moderator informed the meeting that Article 2 would remain open throughout all sessions of this town meeting. 8:08 P.M. Article 10. ZONING BY-LAW TECHNICAL CORRECTIONS Presented by Elizabeth G. Flemings. (See MOTION: That the Zoning By-Law be amended as set forth in Article 10. page 8:08 P.M. 426 for (Article 10 as set forth in the article: motion as To see if the Town will vote to amend the Zoning By-Law, as follows: adopted) a. In Section 2, DEFINITIONS, in the definition RESIDENTIAL DISTRICT, by deleting the word "Town" and inserting the words "city or town" after the word abutting; b. In Sub section 3.3, SPECIAL PERMITS, in the first sentence by deleting the words "for uses" so that the sentence, as amended, will read, "The Special Permit Granting Authority shall hear and decide applications for special permits 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."; c. In Subsection 3.4, SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS) , in the first sentence by inserting the words "for certain uses" after the words "is required" so that the sentence, as amended, will read, "Site plan review by the SPGA is required for certain uses prior to approval of an application for a special permit in certain cases specified in Table 1 (designated "SPS" in the Use --s Regulations Schedule) ."; and on page T-1, under the heading TABLE 1, USE REGULATION SCHEDULE, SYMBOLS, in the explanation opposite "SPS" by striking out the existing explanation and inserting in place thereof the following: "use permitted subject to a Special Permit ("SP") as above with the additional site plan review requirements of section 3.4 hereof, which shall address site development issues, change in the intensity or character- istic of the use and off-site impacts of the use." d. In subsection 5.5, NURSERIES, in the second sentence of the second paragraph, by deleting the words "Provided: that" and "such" and by capitalizing the word "a" to start the second sentence; 111111 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) 426 Article 10. (Article 10 as set forth in the article: (Cont.) (Cont.) e. In Subsection 6.4, CHANGED NON-CONFORMING USE, in the second sentence, the last line, by striking out the word "in" and inserting in place thereof the word "is" so that part of the sentence will read ". . . .in the opinion of the Board of Appeals is no more objectionable to the neighborhood."; f. In Subsection 9.5.8, NO EFFECT ON DIMENSIONAL REQUIREMENTS, in the first sentence, by striking out the words "area and dimensional" and substituting in place thereof the words "lot area and minimum yard"; g. In Subsection 11.3.5, PARKING SPACES FOR HANDICAPPED PERSONS, by substituting 'the number "201" for the number "301" in the column headed "Total Number of Spaces"; h. In Table 1, USE REGULATIONS SCHEDULE, under Section 8.0, ACCESSORY USES, substituting the words "Section 11" for Section 9.8" in the footnote "**Outdoor parking is subject to ,"; and in Line 8.1 by striking out the colon which appears after the word "accessory" in the sixth line and after the word "vehicles**" in the second line and inserting in place thereof a semi-colon; i. By changing the following words in which the first letter is capitalized so that the first letter is lower case: in sub- section 5.2.3 e, "Certificate" and "Occupancy". or act in any other manner in relation thereto.) Elizabeth G. Flemings moved that the Report of the Planning Board on Article 10 be accepted and placed on file. Adopted unanimously. 8:08 P.M. Mrs. Flemings gave a short explanation of each technical change. 8:15 P.M. Answering questions raised by Patricia K. Hagedorn, Mrs. Flemings said that they did not have view graphs on items f. and h. but she did read item f. and explained that item h. did not make any changes in the Zoning By-Law. 8:19 P.M. Julian J. Bussgang asked a question regarding the wetland procedures and Arthur C. Smith questioned the change to "city or town". 8:20 P.M. Mrs. Flemings explained that some of the changes were to change the official records of the Town Clerk, which Iris G. Wheaton and Graydon M. Wheaton both questioned. Mr. Wheaton asked if there were two Zoning By-Laws, one for the Town Clerk and one that was printed. Mary R. McDonough, Town Clerk, explained the process of proofing the Zoning By- Law each year after amendments have been approved and incorporated in the new booklet. It must be accurate before being certified by the Town Clerk. 8:27 P.M. Main motion, as presented by Elizabeth G. Flemings, declared adopted unanimously. 8:27 P.M. (Motion as adopted reads: (As MOTION: That the Zoning By-Law be amended as follows: adopted) a. In Section 2, DEFINITIONS, in the definition RESIDENTIAL DISTRICT, by deleting the word "Town" and inserting the words "city or town" after the word abutting; (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985 4[:24' Article 10. (Motion as adopted reads: (Cont.) b. In Sub section 3.3, SPECIAL PERMITS, in the first sentence by deleting the words "for uses" so that the sentence, as amended, will read, "The Special Permit Granting Authority shall hear (As and decide applications for special permits as provided in this adopted) By-Law, subject to any general or specific rules therein con- tained, and subject to appropriate conditions, safeguards and (Approved limitations on time or use."; by Atty. Gen. , Aug. 19, c. In subsection 3.4, SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS) , 1985. in the first sentence by inserting the words "for certain uses" Posted in after the words "is required" so that the sentence, as amended, Town Office will read, "Site plan review by the SPGA is required. for certain Building & uses prior to approval of an application for a special permit in nine precincts certain cases specified in Table 1 (designated "SPS" in the Use on September Regulations Schedule) ."; and on page T-1, under the heading 12, 1985.) TABLE 1, USE REGULATION SCHEDULE, SYMBOLS, in the explanation opposite "SPS" by striking out the existing explanation and inserting in place thereof the following: "use permitted subject to a Special Permit ("SP") as above with the additional site plan review requirements of section 3.4 hereof, which shall address site development issues, change in the intensity or characteristic of the use and off-site impacts of the use." d. In subsection 5.5, NURSERIES, in the second sentence of the second paragraph, by deleting the words "Provided: that" and "such" and by capitalizing the word "a" to start the second sentence; e. In Subsection 6.4, CHANGED NON-CONFORMING USE, in the second sentence, the last line, by striking out the word "in" and in- serting in place thereof the word "is" so that part of the sentence will read ". . . .in the opinion of the Board of Appeals is no more objectionable to the neighborhood."; f. In Subsection 9.5.8, NO EFFECT ON DIMENSIONAL REQUIREMENTS, in the first sentence, by striking out the words "area and dimen- sional" and substituting in place thereof the words "lot area and minimum yard"; g. In Subsection 11.3.5, PARKING SPACES FOR HANDICAPPED PERSONS, by substituting the number "201" for the number "301" in the column headed "Total Number of Spaces"; h. In Table 1, USE REGULATIONS SCHEDULE, under Section 8.0, ACCESSORY USES, substituting the words "Section 11" for Section 9.8" in the footnote "**Outdoor parking is subject to ,"; and in Line 8.1 by striking out the colon which appears after the word "accessory" in the sixth line and after the word "vehicles**" in the second line and inserting in place thereof a semi-colon; i. By changing the following words in which the first letter is capitalized so that the first letter is lower case: in sub- section 5.2.3 e, "Certificate" and "Occupancy". Adopted unanimously. 8:27 P.M.) Article 11. ZONING BY-LAW, COMPREHENSIVE REVISION - PLANNED RESIDENTIAL DEVELOPMENT Jacquelyn R. Smith moved that Article 11 be postponed to Monday, April 1 at 8:05 P.M. Adopted unanimously. 8:29 P.M. (See Page 436, 437. Adopted motion: Pages 440-457.) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 12. ZONING BY-LAW, CONVERSION OF ONE FAMILY DWELLINGS Karsten Sorensen moved that the Report of the Planning Board on Article 12 be accepted and placed on file. Adopted unanimously. 8:30 P.M. Presented by Karsten Sorensen. (See MOTION: That the Zoning By-Law be amended as set forth in the article page with the exception that sub-paragraph 5.3.2 a 5. shall read: "The 430 smaller of the dwellings shall have at least 700 square feet of net for floor area." motion 8:30 P.M. as adopted) (Article 12 as set forth in the article with the exception of the change in 5.3.2 a 5: To see if the Town will vote to amend the Zoning By-Law in subsection 5.3 by deleting the entire subsection under the heading 5.3 CONVERSION OF ONE FAMILY DWELLINGS between the words "The SPGA may issue and the words " walls of the building."; and by substituting in place thereof the following: "5.3.1 OBJECTIVES The conversion of existing single-family detached dwellings into dwellings containing two dwelling units is intended to: 1) encourage an increase in the number of dwelling units which are larger than those permitted as accessory apartments (see 5.2) while smaller than most one-family dwellings in the town, 2) encourage high standards of main- tenance for large one family_ dwellings which might fall into disrepair, and 3) encourage a more economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.3.2 CONDITIONS AND REQUIREMENTS 1 In accordance with Section 3.3, and where consistent with the JI objectives set forth in 5.3.1, the Board of Appeals may grant a special permit for a second dwelling unit in a detached one-family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. There shall be not more than two dwelling units in the dwelling. 2. There shall be no roomers or boarders within either of the dwelling units. 3. The lot area shall be at least 15,500 square feet in the RS district and 30,000 in the RO district. 4. The net floor area used for residential purposes shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 5. The smaller of the dwellings shall have at least 700 square feet of net floor area. 6. No dwelling unit may be located in a cellar or basement. 7. The dwelling shall be connected to public water and sanitary sewer systems. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject further to the following conditions and requirements: 499 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 12. (Article 12 as set forth in the article with the exception of (Cont.) the change in 5.3.2 a 5: (Cont.) 5.3.2 (Cont. ) b. 1. All stairways to second and third stories shall be en- closed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the architectural character of a detached one- family dwelling is maintained. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4. , above. 3. Any new entrance shall be located on the side or the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result should be that one apears to be the principal entrance and any other entrance appears to be secondary. c. Off-Street Parking In order to maintain the appearance of a single-family neighborhood, all parking spaces on the lot shall be subject further, to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6. L- 5.3.3 PROCEDURES Each application for a special permit shall be accompanied by: 1. Floor plans, drawn to scale, of the dwelling showing each of the dwelling units to be created; 2. Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling; and 3. An off-street parking plan as described in 11.2.1." or act in any other manner in relation thereto.) Karsten Sorensen gave an explanation of the article, assisted by slides. 8:36 P.M. Margaret F. Rawls, a member of the Accessory Apartment Committee, spoke on the article and urged defeat. 8:42 P.M. In answer to a question by Sam Silverman, Mr. Sorensen said that the Board of Appeals issued the permits. 8:48 P.M. Many questions were raised regarding the condition that no dwelling unit may be located in a cellar or basement. Iris G. Wheaton wondered if the Planning Board would be agreeable to amending the article by deleting line 6. 9:03 P.M. Frank Sandy moved to refer this article back to the Planning Board for further study. After a short discussion, Mr. Sandy's motion to refer to the Planning Board was declared lost by voice vote. 9:12 P.M. 36 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 12. Fred D. Rosenberg moved that 5.3.2 a 3. be changed to read as follows: (Cont.) The lot area shall be at least 10,000 square feet. 9:13 P.M. After Mr. Rosenberg took time out to write out his amendment, Karsten Sorensen stated that a majority of the Planning Board opposed this amendment. 9:17 P.M. The motion to amend Article 12, as presented by Mr. Rosenberg, declared lost by voice vote. 9:18 P.M. Iris G. Wheaton moved that Section 6 under 5.3.2. a be stricken and the present Section 7 be renumbered accordingly. 9:19 P.M. Mr. Sorensen said that the Planning Board had no objections to this amendment and Selectman, John C. Eddison urged support of the amendment. 9:20 P.M. Motion to amend, as offered by Mrs. Wheaton, was declared adopted by voice vote. 9:21 P.M. Voice vote on main motion, as amended, was not unanimous so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 James A. Cataldo 9 2 9 Christina J. Welch 8 3 11 Marian C. Reilly 6 4 10 Katherine G. Fricker 3 5 10 Diran M. Semonian 2 6 14 Lisabeth M. White 4 7 12 Graydon M. Wheaton 4 8 14 Florence E. Connor 2 9 12 Janet Perry 5 At Large 17 John R. Campbell 6 - Total 118 49 More than the required two-thirds having voted in favor, the main motion as offered by Mr. Sorensen and amended by Mrs. Wheaton was declared adopted. 9:32 P.M. (Main motion, as amended, as adopted reads: MOTION: That the Zoning By-Law be amended in subsection 5.3 by deleting the entire subsection under the heading 5.3 CONVERSION OF ONE (As FAMILY DWELLINGS between the words "The SPGA may issue " and the adopted) words " walls of the building."; and by substituting in place the following: (Approved by Atty. 5.3.1 OBJECTIVES General, The conversion of existing single-family detached dwellings Aug. 19, into dwellings containing two dwelling units is intended to: 1) en- 1985. courage an increase in the number of dwelling units which are larger Posted than those permitted as accessory apartments (see 5.2) while smaller in than most one-family dwellings in the town, 2) encourage high standards Town of maintenance for large one family dwellings which might fall into Office disrepair, and 3) encourage a more economic, energy-efficient use of Building the town's housing supply while maintaining the appearance and & nine character of the town's single family neighborhoods. precincts on Sept. 5.3.2 CONDITIONS AND REQUIREMENTS 12, 1985.) In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit for a second dwelling unit in a detached one-family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: 21611` (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) -A. Article 12. (Main motion, as amended, as adopted reads: (Cont.) (Cont.) 5.3.2 (Cont.) a. General 1. There shall be not more than two dwelling units in the dwelling. 2. There shall be no roomers or boarders within either of the (As dwelling units. adopted) 3. The lot area shall be at least 15,500 square feet in the RS district and 30,000 in the RO district. 4. The net floor area used for residential purposes shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/ Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 5. The smaller of the dwellings shall have at least 700 square feet of net floor area. 6. The dwelling shall be connected to public water and sanitary sewer systems. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one- family dwelling, subject further to the following conditions and requirements: 1. All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the architectural character of a detached one- family dwelling is maintained. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4. , above. 3. Any new entrance shall be located on the side or the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result should be that one appears to be the principal entrance and any other entrance appears to be secondary. c. Off-Street Parking In order to maintain the appearance of a single-family neighborhood, all parking spaces on the lot shall be subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6. 5.3.3 PROCEDURES Each application for a special permit shall be accompanied by: 1. Floor plans, drawn to scale, of the dwelling showing each of the dwelling units to be created; 432 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 12. (Main motion, as amended, as adopted reads: (Cont.) (Cont.) 5.3.3 (Cont.) 2. Where exterior changes are proposed, an elevation, or other (As visual representation, of the facade to be changed sufficient adopted) to show the architectural character of the dwelling; and 3. An off-street parking plan as described in 11.2.1. Adopted. 118 In Favor. 49 Opposed) (See Page 430) r' Article 2. REPORTS OF TOWN OFFICERS, �. BOARD, COMMITTEES Michael J. O'Sullivan, Chairman of the Appropriation Committee, presented a preliminary report of his committee in order to make a general comment on the non-financial articles. . .Article 24 being the dividing line. The financial articles will be taken up after the spring recess, at which time the report of the Appropriation Committee will be formally filed. He stated that over the past three years Proposition 22 has cost the cities and town of Massachusetts more than 677 million dollar in tax revenues but the state government has increased direct and indirect local aid from 1.9 million to an estimated 2.7 million in the same period - an 800 million increase that more than offset the losses from Proposition 22. He added that they are not asking town meeting to approve all of these non-financial articles that pertain to the private sector but rather to judge each of them on their own merits. The Committee stated that it had been supportive of operating under the constraints of 22 in the past three years and see no deviation from that posture in the foreseeable future. They want to make 2i work. Mr. Sullivan moved that his report be accepted and placed on file. Adopted unanimously. 9:40 P.M. Jacquelyn H. Ward, filing an interim report of the Capital Expendi- tures Committee, said that the Committee is concerned about how Lexington is going to be able to maintain its existing level of services in future years under the limitations of Proposition 22. In recent years, it has only been the annual increase in tax base resulting from new construction that has prevented service cuts, and unless the tax base can continue to expand, we may soon be forced to consider override of 22, with higher taxes for all. Mrs. Ward moved that her report be accepted and placed on file. Adopted unanimously. 9:40 P.M. Article 13. ZONING BY-LAW, CM, CH DISTRICTS, FLOOR AREA RATIO Judith J. Uhrig moved that Article 13 be postponed to Wednesday, April 3. Adopted unanimously. 9:41 P.M. (See Page 439. Adopted motion: Page 458.) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 14. ZONING BY-LAW, LIQUOR STORES CG ZONING DISTRICT Karsten Sorensen moved that the Report of the Planning Board on Article 14 be accepted and placed on file. Adopted unanimously. 9:42 P.M. Karsten Sorensen made the following motion: (See MOTION: That the Zoning By-Law be amended as set forth in the below article. 9:42 P.M. for motion as (Article 14 as set forth in the article: adopted) To see if the Town will vote to amend the Zoning By-Law in Table 1, USE REGULATIONS SCHEDULE, in line 6.2, Retail liquor stores, by adding a note, as follows: "*Stores existing on April 4, 1984 in the Massachusetts Avenue district in East Lexington, or in the Worthen Road-Bedford Street district, may be reconstructed, expanded and/or relocated within the same district where located as of that date if in compliance with Table 2, but not in any other CG district", and by adding the designation "*" next to the "No" on that same line under the column headed CG;) Mr. Sorensen gave a short explanation of the article. 9:43 P.M. Ephraim Weiss moved to amend as follows: MOTION: That the words "and/or relocated within the same district" and "but not in any other CG district" be deleted from the main motion and add Hand/or" between "reconstructed" and "expanded". 9:45 P.M. Mr. Sorensen voiced the opposition of the Planning Board to this amendment. 9:46 P.M. Mr. Weiss's motion to amend was declared lost by voice vote. 9:46 P.M. Main motion as presented by Mr. Sorensen was declared adopted unanimously. 9:47 P.M. (Main motion as adopted reads: (As MOTION: That the Zoning By-Law be amended in Table 1, USE REGULATIONS adopted) SCHEDULE, in line 6.2, Retail liquor stores, by adding a note, as (Approved follows: "*Stores existing on April 4, 1984 in the Massachusetts by Atty. Avenue district in East Lexington, or in the Worthen Road-Bedford General, Street district, may be reconstructed, expanded and/or relocated Aug. 19, within the same district where located as of that date if in compliance 1985. with Table 2, but not in any other CG district", and by adding the Posted in designation "*" next to the "No" on that same line under the column Town headed CG. Office Building Adopted unanimously. 9:47 P.M. & nine precincts on Sept. 12, 1985) Article 15. AMEND ZONING BY-LAW PARKING SPACE ELEVATIONS Stephen B. Cripps moved that the Report of the Planning Board on Article 15 be accepted and placed on file. Adopted unanimously. 9:48 P.M. Stephen B. Cripps presented the following motion: (As MOTION: That the Zoning By-Law be amended by inserting a new para- adopted) graph in 11.7.6, as follows: 434 (ADJOURNEb SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) Article 15. e. Off-street parking spaces and loading bays which are located on (Cont.) ground elevations lower than the 100 year flood elevation as (As shown on the most recent edition of the Flood Insurance adopted) Rate Map, Town of Lexington, Massachusetts, or as shown by survey and hydraulic calculations certified by a registered land surveyor and registered professional engineer, shall not count as required (Disapproved parking spaces or loading bays. by Atty. Gen. 9:50 P.M. September 19, 1985) Mr. Cripps gave a short explanation of the motion. 9:54 P.M. Angela E. Frick voiced the support of the Conservation Commission on this motion and added that David G. Williams, Chairman of the Con- servation Commission and she had signed the petition for the late Manfred P. Friedman in order that this article could be placed on the warrant for this town meeting. 9:57 P.M. Motion as presented by Mr. Cripps declared adopted unanimously. 9:57 P.M. Article 16. AMEND ZONING BY-LAW CONGREGATE :LI.VING- CCILITY Ephraim Weiss moved that Article 16 be postponed until after Article 11. Adopted unanimously. 9:59 P.M. (See Pages 458, 471, 488 & adopted motion on Page 521.) Article 17. (See Pgs. 459, 502) AMEND ZONING BY-LAW TABLE 1 - HEALTH HAZARDS Karsten Sorensen moved that Article 17 be postponed to April 8 or later. 10 P.M. The Moderator stated that he would delete "or later" from the motion. The motion would be to "postpone Article 17 to April 8" and if, at that time, a further postponement was needed, another motion to postpone to a time certain should be offered. Motion to postpone Article 17 to April 8 was declared adopted unanimously. 10 P.M. Article 18. AMEND ZONING BY-LAW WALTHAM STREET, CN, RO To CD Presented by James M. McLaughlin. (Not MOTION: That the Town vote to amend the Zoning By-Law by changing the adopted) district designation from CN (Neighborhood Business) and RO (One Family Residential) to CD (Controlled Commercial and Industrial District) of the (See land located at the southeast corner of Concord Avenue and Waltham Page Street shown on a plan entitled "Plan of Land, District, in Lexington, 494 for Mass. , scale: 1" = 40' , dated December 21, 1984, by: Miller & adopted Nylander Co. , 114 Waltham Street, Lexington, Mass." being more partic- motion.) ularly bounded and described as follows: WESTERLY by Waltham Street, one hundred ninety-five and 33/100 (195.33) feet; NORTHERLY by a curved line forming the intersection of Waltham Street and Concord Avenue, one hundred twelve and 72/100 (112.72) feet; NORTHEASTERLY by Concord Avenue, one hundred sixty-eight and 54/100 (168.54) feet; SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or formerly of Coburn Real Estate Trust as shown on said plan by three courses measuring one hundred eleven and 25/100 (111.25) feet, eighty-one and 76/100 (81.76) feet, and sixty-five and 23/100 (65.23) feet respectively; and (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) 400 Article 18. SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as (Cont.) shown on said plan one hundred eighty-four and 12/100 (184.12) feet. Containing 55,357 square feet of land more or less; all in accordance with a preliminary Site Development and Use Plan entitled "Site Development Report for Land at 922 Waltham Street, Article 18, 1985 Annual Town Meeting, March 25, 1985". 10:03 P.M. Mr. McLaughlin asked that Nicholas A. Cannalonga of 120 Kendall Road be recognized. 10:03 P.M. Judith J. Uhrig moved that the Report of the Planning Board on Article 18 be accepted and placed on file. Adopted unanimously. 10:05 P.M. Mr. Cannalonga, the owner of the property involved and the proponent of the article, gave a lengthy explanation of this zoning change. 10:25 P.M. Mrs. Uhrig stated that the Planning Board recommended approval of this article. 10:25 P.M. Robert I. Rotberg, Town Meeting Member, Caleb Warner, 546 Concord Avenue and Daniel L. Sharp, 352 Concord Avenue all spoke in opposi- tion. Mr. Sharp filed a petition with fifty signatures of residents in the area who strongly opposed this rezoning. 10:42 P.M. Mary Lou Casson, 15 Chadbourne Road, spoke in favor and read a letter from Helen R. M. Ingram, 942 Waltham Street, also in favor. Others speaking in favor: Joseph J. Volante, 85 Lowell Street; Town Meeting Members: Sandra J. Shaw, Dan H. Fenn, Jr. and Marian C. Reilly. Speaking against: Jacqueline B. Davison, as Chairman of the South Lexington Civic Association, James E. Barry, Ephraim Weiss, Gloria V. Holland and Graydon M. Wheaton. Margaret F. Rawls voiced her concern regarding parking places. Mr. Cannalonga said that the requirement is for fifty parking spaces and they would have three more over that amount. 11:05 P.M. Voice vote on Mr. McLaughlin's main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 James A. Cataldo 3 2 10 Christina J. Welch 5 3 11 Marian C. Reilly 6 4 5 Katherine G. Fricker 8 5 5 Diran M. Semonian 6 6 10 Lisabeth M. White 7 7 7 Graydon M. Wheaton 7 8 8 Florence E. Connor 7 9 8 Eleanor H. Klauminzer 7 At Large 22 John R. Campbell 1 Total 100 57 Less than the required two-thirds having voted in favor, the motion was not adopted. 11:12 P.M. James M. McLaughlin served notice of reconsideration of Article 18. (See Pages 492-494) 11:13 P. M. Paul W. Marshall moved that this meeting be adjourned to Monday, April 1, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 11:13 P.M. A true copy. Attest: /T44y/�"Ac � n� Mary R. McDonough, Town Clerk 4[36 (ADJOURNED SESSION Or THE 1985 ANNUAL TOWN MEETING - APRIL 1, 1985) ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD APRIL 1, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 171 Town Meeting Members present. Invocation offered by Rabbi Richard I. Meirowitz of Temple Emunah. 8:01 P.M. The Moderator declared that the meeting was open on Article 11. (See Pg. 427) -, Article 11. ZONING BY-LAW, COMPREHENSEIVE REVISION- `r PLANNED RESIDENTIAL DEVELOPMENT Jacquelyn R. Smith moved that the Report of the Planning Board be accepted and placed on file. Adopted unanimously. 8:03 P.M. (See Presented by Jacquelyn R. Smith. Pages 440- MOTION: That the Zoning By-Law be amended as set forth in the 457 for motion attached to the Planning Board report and filed with the motion Town Clerk. 8:03 P.M. as adopted) (Because of the length of the motion as attached to the Planning Board Report, it is not being typed into these minutes but may be seen with all papers referring to this meeting in the Town Meeting file.) Mrs. Smith gave a lengthy explanation of the article. 8:23 P.M. Thomas G. Taylor, Chairman of the Board of Appeals, was recognized and he read a letter from the Board of Appeals to the Planning Board, dated March 24, 1985 stating their complete agreement with the Planning Board. 8:25 P.M. A majority of the Planning Board recommended approval of this article. Karsten Sorensen, who did not sign the Planning Board Report, stated that he felt there were problem areas. Mrs. Smith answered his remarks. 8:32 P.M. Arthur C. Smith moved that Section A. be amended by striking the words "9.3 Special Permit For Converted Municipal Buildings and Public School Buildings" & by striking section 9.3.5 and renumbering subsequent sections appropriately and by renumbering the current section 9.3 to become 9.5. 8:34 P.M. Jacquelyn R. Smith asks for a recess and the Moderator grants a five minute recess at 8:35 P.M. The Moderator called the meeting to order at 8:44 P.M. The Moderator read Mr. Smith's motion to amend, which was corrected during the recess with the aid of the Town Counsel: (Amend- MOTION: That the motion under Article 11 be amended by striking the ment words "9.3 Special Permit For Converted Municipal Buildings and Public adopted) School Buildings" in the introductory paragraph & by striking section —• 9.3.5 and by renumbering the current section 9.3 appropriately. 8:45 P.M. Mr. Smith explained that he wished to remove all mention of munici- pal buildings from Article 11. 8:47 P.M. Mr. Smith's motion to amend Article 11 was declared adopted by voice vote. 8:49 P.M. 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 1, 1985) Article 11. Jacquelyn R. Smith moved that Sub-section 8.4.2 d be amended by (Cont.) inserting the words "in the RD district," after the words . . . .by more than 10% andby inserting the words "in the CD district" after the words maximum floor area ratio 9 P.M. Margaret F. Rawls said that she would like to change the motion to amend, to which Mrs. Smith said that she had no objections. 9:04 P.M. Margaret F. Rawls moved that the amendment offered by Mrs. Smith be amended to read so that the words following "by more than 10%" shall be "or to exceed the maximum floor area ratio for that CD district" 9:10 P.M. Mrs. Rawls amendment to the amendment was declared adopted at 9:10 P.M. and the Moderator immediately called for a five minute recess. The meeting was called to order at 9:28 P.M. Mrs. Rawls moved for reconsideration of her motion to amend, that was just adopted. She stated that she wanted to vote down the amendment and reintroduce a new amendment. 9:28 P.M. Motion to reconsider Mrs. Rawls amendment was declared adopted by voice vote. 9:29 P.M. Mrs. Rawls moved that her motion to amend Mrs. Smith's amendment be rejected. This motion was declared adopted. The amendmeht was rejected. 9:30 P.M. Margaret F. Rawls moved to substitute the following motion for Mrs. Smith's motion to amend: (Amend- MOTION: That Subsection 8.4.2 d be amended by striking the words ment following "by more than 10%" and substituting the words "in the RD adopted) district, or to exceed the maximum floor area approved for the CD 7-- district." 9:32 P.M. Mrs. Rawis motion to substitute a motion for Mrs. Smith's motion to amend was declared adopted by voice vote. 9:33 P.M. Substitute motion to amend, as offered by Mrs. Rawls, was declared adopted unanimously. 9:33 P.M. Jacquelyn R. Smith moved to table Article 11. This motion was adopted at 9:33 P.M. (See Pages 427. Adopted motion: Pages 440-457) Article 2. Jacquelyn R. Smith explained that she had made the motion to table Article 11 in order that the members would have more time to digest the changes. 9:33 P.M. Article 19. AMEND ZONING BY-LAW HAYDEN AVENUE, RO to CD Presented by John S. Willson. (John S. Willson and Judith J. Uhrig verbally informed the Moderator and the Town Clerk that they would not vote on this article as they are both employees of Temple, Barker and Sloane.) (Not MOTION: To change the zoning district in which the land bounded and adopted) described below from RO--ONE-FAMILY DWELLING DISTRICT TO CD--CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT in accordance with the preliminary site development and use plan dated January 14, 1985, and filed with the Lexington Town Clerk. 438 (ADJOURNED St8SION'OP THE 1985 ANNUAL TOWN MEETING - APRIL 1, 1985) Article 19. Four contiguous parcels of land in Lexington, Massachusetts, (Cont.) bounded northerly by Hayden Avenue, southerly by the Concord Turn- pike (Route 2) and easterly by the access ramp between those two roads, being described in Certificates of Title No. 154914 and No. 128616 at the South Middlesex Registry District of the Land Court and shown as Lots 17, 18, and 20 on Land Court Plan No. 2802Z and Lot 15 on Land Court Plan No. 2802Y, copies of which are avail- able for inspection in the office of the Lexington Town Clerk. 9:38 P.M. At the request of Mr. Willson, Carl Sloane and Greg Muzzey, both of Temple, Barker and Sloane, were recognized and gave explanations of the motion. Mr. Muzzey was recognized for a second ten minute period. It was explained that, due to objections last year, the mechanical equipment was removed from the roof. This three story building that was to be built into the side of the hill would be 110 feet from Route 2. Parking would be provided for one hundred cars and 50% of the site would be greenery. The overall height would be 39 feet. 10:08 P.M. Jacquelyn R. Smith moved that the Report of the Planning Board be accepted and placed on file. This motion was declared adopted unanimously. 10:09 P.M. Mrs. Smith, giving a short summary of the report, stated that the Planning Board recommended approval of this article. 10:14 P.M. John C. Eddison stated that a majority (four members) of the Board of Selectmen supported this article. 10:13 P.M. Richard W. Souza, Town Meeting Member, with the aid of Alan B. Wade of 524 Concord Avenue, showed slides and spoke in opposition. He said that his area wanted to stop this galloping rezoning. 10:16 P.M. Fred L. Adair, Jr. , 16 Bridle Path and Wilma E. Frey, 1133 Massachu- setts Avenue, both employees of Temple, Barker and Sloane, were recognized and spoke in favor of the article. 10:23 P.M. Louise V. T. Kava, 60 Shade Street and a Mr. Richards, a resident in Precinct 3, spoke in opposition. 10:45 P.M. Ephraim Weiss stated that Temple, Barker and Sloane is a good company but that is not the issue. The issue is land use and the vote on the article should be based on that alone. Dan H. Fenn, Jr. , Jacqueline B. Davison, speaking for the South Lexington Civic Assoc- iation, and Jack Sarmanian spoke in opposition as did James E. Barry. Sandra J. Shaw and Thomas E. Fortmann spoke in favor. 10:50 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 10:50 P.M. The Moderator asked for a standing vote on the main motion, results as follows: Precinct In Favor Tellers Opposed 1 12 James A. Cataldo 3 2 15 Christina J. Welch 1 3 3 Marian C. Reilly 12 4 7 Katherine G. Fricker 7 5 4 Diran M. Semonian 10 `--• 6 8 Lisabeth M. White 6 (2 abstain) 7 8 Graydon M. Wheaton 7 8 9 Florence E. Connor 7 9 9 Deborah B. Green 7 At Large 23 John R. Campbell 1 Totals 98 61 Less than the required two-thirds having voted in favor, the motion as presented by Mr. Willson is not adopted. 10:57 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 1, 1985) 439 Article 2. Paul W. Marshall reported on the timetable, as best he knew, for the remaining zoning articles: The report (Planning Board report) on Articles 23 and 24 will be ready next Monday, therefore cannot be addressed until Wednes- day, April 10 in order that the members have a chance to study the reports. The report on Article 21 will not be ready before the spring break. It is the understanding that Articles 20 and 22 will be withdrawn (indefinitely postponed) . That leaves Articles 13, 11, 16, 17 and 8. 11:01 P.M. James M. McLaughlin moved that Article 22 be taken up at this time. 11:02 P.M. Erna S. Greene moved that this meeting be adjourned to Monday, April 8, 1985 at 8 P.M. in Cary Memorial Hall. 11:05 P.M. Mrs. Greene withdrew her motion to adjourn. 11:06 P.M. Motion, as offered by Mr. McLaughlin, to take up Article 22 at this time was declared adopted by voice vote. 11:08 P.M. Article 22. AMEND ZONING BY-LAW LOWELL STREET, RO TO RM James M. McLaughlin moved to table Article 22. Adopted by voice vote. 11:08 P.M. (See Page 530) Article 13. (See Pages 432. ZONING BY-LAW, CM, CH Adopted motion DISTRICTS, FLOOR AREA RATIO on Page 458.) Paul W. Marshall moved to further postpone Article 13 to April 8. Adopted unanimously. 11:08 P.M. Paul W. Marshall moved that this meeting be adjourned to Monday, April 8, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 11:09 P.M. A true copy. Attest: 72kpur g Mary R. McDonough, Town Clerk 440 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD APRIL 8, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 173 Town Meeting Members present. Invocation was offered by Rev. Polly Laughland Guild of the Follen Community Unit./Univ. Church at 8:01 P.M. Jacquelyn R. Smith moved that Article 11 be taken off the table. Adopted unanimously. 8:02 P.M. Article 11. (See Pages 436 & 437) ZONING BY-LAW COMPREHENSIVE REVISION - PLANNED RESIDENTIAL DEVELOPMENT On April 1, 1985, Jacquelyn R. Smith moved that the Report of the Planning Board be accepted and placed on file. This motion was adopted unanimously. 8:03 P.M. (See Page 436) Mrs. Smith gave an explanation of the article and a sense of the major things that they had changed. A majority of the Planning Board supports this article. 8:25 P.M. Ephraim Weiss spoke in support of the article. 8:27 P.M. Karsten Sorensen, a minority of the Planning Board, spoke in opposition, feeling that the article had problems. He reviewed points made at the last town meeting. 8:34 P.M. James M. McLaughlin, as a member of the Lexington Housing Authority, spoke in opposition. 8:35 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, voiced the unanimous support of the Board. 8:36 P.M. Main motion as presented by Jacquelyn R. Smith and amended by Arthur C. Smith and Margaret F. Rawls (all on April 1, 1985 - Pages 436 & 437) was voted on by voice vote, which was not . unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Abstained Opposed 1 13 John W. Maloney 2 4 2 14 Christina J. Welch 1 3 15 Marian C. Reilly 1 4 11 Peter C. J. Kelley 1 5 12 Diran M. Semonian 1 6 15 Lisabeth M. White 0 7 9 Richard B. Wolk 5 8 10 Florence E. Connor 1 6 9 11 Deborah B. Green 4 At Large 15 John R. Campbell _ 8 Total 125 3 31 More than the required two-thirds having voted in favor, the motion was adopted. 8:39 P.M. (Main motion as presented by Mrs. Smith, amended by Arthur C. Smith and Margaret F. Rawls as adopted reads: (As MOTION: That the Zoning By-Law be amended by deleting subsections 8.1 adopted) MULTI-DWELLING DISTRICT - RD, 8.3 SUBSIDIZED HOUSING DISTRICT - RH, 9.1 CLUSTER DEVELOPMENT, 9.2 CONGREGATE LIVING FACILITY, 9.4 SITE PLAN REVIEW AND SPECIAL PERMITS FOR CONVENTIONAL SUBDIVISIONS and the title Section 9 SPECIAL REGULATIONS, in their entirety; and by renumbering the current section 9.3 appropriately. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. By adding a new SECTION 9. PLANNED RESIDENTIAL DEVELOPMENT, as (Cont.) follows: "SECTION 9. PLANNED RESIDENTIAL DEVELOPMENT 9.1 OBJECTIVES AND APPLICABILITY (As adopted) 9.1.1 The provisions of this section are intended to: a. insure that the development of additional housing does not (Approved detract from the livability, scale, character or economic by Attorney value of existing residential neighborhoods; General, L_ August 19, b. encourage greater diversity of housing opportunities in 1985. Lexington to meet the needs of a population which is Posted in diversified with respect to number of persons in a house- Town Office hold, and income; Building & nine precincts c. provide greater choice in the type of housing available to on September correspond to the varying needs of town residents in differ- 12, 1985.) ent stages of their life cycle; d. encourage the development of housing affordable to low-, moderate- and middle-income households; e. provide greater flexibility and design freedom in the development of those tracts of land which lend themselves to planned development; f. promote a high standard in the design of development sites and of individual buildings; g. encourage the preservation of open space for conservation, outdoor recreation or park purposes, in conjunction with residential development; h. encourage the preservation, and minimum disruption, of the existing natural features of land and to minimize impacts on environmentally sensitive areas; i. preserve, where applicable, historically or architecturally significant buildings or places; j . permit obstensibly different types of structures and resi- dential uses to be combined in a planned interrelationship; k. facilitate a detailed review, by town officials and by the public, of those developments which either: 1) have an impact on public facilities and services and on adjoining land, or 2) are large enough to constitute a self-contained environment; 1. promote the efficient and economical provision of public facilities such as utilities and streets; m. assure that the number of dwelling units allowed will be compatible with surrounding land uses, and that traffic and public services will not be adversely impacted; 9.1.2 No building permit shall be issued for a dwelling which is part of a development on a tract of three or more dwelling units, or their equivalent in housing accommodations not classified as dwelling units, except in accordance with the provisions of this section. 4412 (ADJOUR1 QD SESSION 0F THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS (Applicable to the planned residential development as a whole.) ZONING DISTRICTS (As RO RS RD adopted) 9.2.1 Minimum Area of Tract to 100,000 sf 100,000 sf* 125,000 sf be Developed *no require- ment for a conventional subdivision 9.2.2 Maximum Base Density in @ 1.2/acre @ 2.4/acre No require- Dwelling Units, or went Equivalent Calculation: multiply developable site area (see 7.9) by 0.85 No require- and divide the product by: 30,000 sf 15,500 sf ment 9.2.3 Types of Buildings Permitted a. One-Family Detached Yes* Yes* Yes* b. One-Family Attached SP* SP* Yes* c. Two-Family SP* SP* Yes* d. Townhouse SP* SP* Yes* e. Three, Four-Family No No Yes* f. Multi-family No No Yes* g. Rooming House No No Yes* h. Group Quarters **Yes where No** No** Yes* accessory to a religious or educational use i. Group Care Facility No No Yes* j . Congregate Living Facility No No Yes* k. Long-Term Care Facility No No Yes* 1. Conversion of Municipal Building SP* SP* Yes* * SPS required for the planned residential development 9.2.4 Minimum Frontage of the Tract on Existing Street 50 ft. 50 ft. 100 ft. 9.2.5 Minimum Yard Setback on Perimeter of Tract a. Front Yard 40 ft 40 ft 50 ft b. Side yard, rear yard 30 ft 20 ft 40 ft 9.2.6 Maximum Impervious Surface 0.15 0.20 0.40 Ratio Calculation: Divide area of impervious surface by developable site area (see 7.9) 9.2.7 Minimum Usable Open Space 5,000 sf 3,500 sf 1,500 sf per Dwelling Unit, or Equivalent 9.2.8 Maximum Height of Dwellings 40 ft 40 ft 40 ft NOTE: In an RO or RS district, a planned residential development may be: 1) a conventional subdivision, 2) a cluster subdivision with the tract divided into separate lots for dwellings, or 3) a cluster development in which the land, except for such common open space as may be deeded to the town, is in one ownership. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 443 Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by (Cont.) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.2.9 DENSITY: The maximum number of dwelling units in a conventional subdivision, a cluster subdivision, or a cluster development shall be the lesser of: 1) the maximum base density set forth in 9.2.2 or 2) the number of lots complying with the minimum lot area, lot frontage and lot width requirements permitted in a conventional subdivision. To determine the number of lots, the applicant shall submit: 1) a (As certified calculation of the developable site area (see 7.9) and adopted) 2) a plan of the tract showing a lot layout and street layout only, complying with the Planning Board's "Rules and Regulations." The maximum density of a facility permitted by 9.2.3 h, i, j , or k shall be determined by 9.2.2 and, where applicable, 9.2.10. 9.2.10 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING UNITS Where residential accommodations do not have kitchen and dining facilities and are not arranged in dwelling units, for the purpose of calculating density and other dimensional standards, the following shall be considered equivalent to one dwelling unit: 1,000 square feet of gross floor area in a long-term care facility 1,200 square feet of gross floor area in group quarters, a group care facility or congregate living facility 9.2.11 DIMENSIONAL STANDARDS, WAIVERS A conventional subdivision shall comply with both the dimensional standards set forth in Table 2 and subsection 9.2. In an RO or RS district, where the proposed development is a cluster subdivision, a cluster development or includes types of buildings identified in 9.2.3 as allowed by special permit, and where the number of dwelling units does not exceed the maximum density as set forth in 9.2.9, the SPGA, as part of the grant of a special permit with site plan review, may also grant a special permit modifying the standards in Table 2 for minimum lot area, minimum lot frontage, minimum front yard, minimum side yard, minimum rear yard, minimum yard adjacent to other districts, minimum percentage of open area and maximum height in stories and the minimum lot width in subsection 7.2.2, as they may apply to individual dwellings within a planned residential development, provided it makes a finding that the devel- opment complies with the standards and criteria in 9.4.8. 9.3 GENERAL PROVISIONS 9.3.1 COMPLIANCE WITH OTHER RULES AND REGULATIONS The construction of community services, such as utilities, and of streets and interior drives shall comply with the requirements of the Planning Board's "Rules and Regulations Governing the Subdivision of Land." Nothing contained herein shall in any way exempt a con- ventional subdivision from compliance with the right of the Board of Health and of the Planning Board to approve, with or without modifica- tions, or disapprove a subdivision plan in accordance with the provi- sion of the "Rules and Regulations" and of the Subdivision Control Law. 9.3.2 STREETS, DRIVES The objective of this section is to provide two means of access to dwelling units for emergency vehicles. Each street and interior drive, or system of streets or interior drives, within a planned residential development shall connect to a public street. A dead-end street or dead-end interior drive shall not be more than 650 feet from a through public street or from a street or interior drive which intersects with a through public street in at least two places which are not less than 100 feet apart. Where there are more than 10 dwelling units served by a dead-end street or dead-end interior drive, two means of access, suitable for fire-fighting and other emergency operations, such as by paved or all-weather routes, shall be provided to each dwelling unit. 4 A 41 (ADJOURNED SESSION OP TlE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur C. (Cont.) Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.3.2 (Cont.) If a street or interior drive in a development tract is located in a minimum yard required by 9.2.5, in order to provide protection for abutting residential lots, there shall be a screen of densely planted (As adopted)vegetation and/or an opaque fence adjacent to the lot line, for such distance as the Planning Board may determine. 9.3.3 NON-RESIDENTIAL USES In the RD district, the residential development may also include commercial uses provided: 1) such uses serve primarily the residents of the development, 2) are conducted within and may be entered only from within a principal building, 3) there is no external evidence of such uses visible beyond the development tract, and 4) the appearance and character of the commercial uses are compatible with a residential development. 9.3.4 PARTS OF DWELLING UNITS BELOW GROUND No part of a dwelling unit or rooming unit used for sleeping, cooking, dining or bathroom purposes may be located in a cellar. A part of a dwelling unit or rooming unit used for such purposes may be located in a basement provided the vertical height between the hori- zontal plane of the ceiling and the finished grade of the ground adjoining the dwelling unit is at least six feet for at least two- thirds of the length of the exterior walls of all rooms used for such purposes. 9.3.5 (Space Reserved) 9.3.6 COMMON OPEN SPACE At least 25% of the area of the development tract shall remain as common open space. This requirement shall not apply to a conventional subdivision. Such open land may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed: 1) to and accepted by the Town or its Conservation Commission, 2) to a legal association comprised of the owners of the development, which may include homeowners, or 3) to a non-profit organization the principal purpose of which is the conservation of open space. When such open space is conveyed to persons or entities other than the Town, an easement over such land shall be granted to the Town to insure its perpetual use as open space, conservation, recreation or park land. A maximum of 20% of such open space may be devoted to parking or structures used for, or accessory to, active outdoor recreation and consistent with the open space uses of such land. 9.3.7 USABLE OPEN SPACE Usable open space shall be provided for the recreational and leisure time use of the occupants of dwellings. Such open space shall be equal to or greater than the amount shown in subsection 9.2.7. To qualify as usable open space, an area shall conform to the following standards: a. USABILITY: A space must have a surface which is adequately drained, and permits recreational or leisure time use. Such sur- face may include any combination of grass, plant materials, wood, or paving materials of a type designed for pedestrian or recrea- tional use. No open space shall be considered usable if the slope of the finished grade is more than 10 percent or if the area is wet or swampy. b. LOCATION: The nearest part of the space shall be not more than 300 feet walking distance from the dwelling unit it serves. Usable open space may be located in an area which: 1) is on a privately owned lot occupied by one dwelling or a space designated for the exclusive use of one dwelling unit, or 2) qualifies as common open space. c. SIZE AND SHAPE: No) open space shall be considered usable unless it has a minimum horizontal area of 600 square feet and no dimension less than 20 feet. 4tzl (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.3.7 (Cont.) d. STRUCTURES AND FACILITIES: All usable open space shall be open to the sky, and may include unroofed facilities such as a tennis court, swimming pool and related structures, or similar recreational facilities. (As adopted) 9.4 SPECIAL PERMITS: PROCEDURES, CRITERIA F-- 9.4.1 SPS REQUIRED No planned residential development shall be initiated without first obtaining a special permit with site plan review in accordance with the provisions of this section. The purpose of the special permit with site plan review is to provide individual detailed review of planned residential developments which have a substantial impact upon the character of the town and impacts on adjoining residential areas and the provision of public facilities and services. 9.4.2 SPGA The Planning Board shall be the special permit granting authority, except that the Board of Selectmen shall be the SPGA for the conver- sion of municipal buildings. In acting upon applications for special permits, the SPGA shall be governed by the provisions of Section 3.4. 9.4.3 SPECIAL PERMIT APPLICATION REQUIREMENTS The application to the SPGA for a special permit with site plan review (SPS) under this section shall be accompanied by a definitive site development plan, as described in subsection 3.6. Where the applicant submits a definitive subdivision plan complying with the Subdivision Control Law and the Planning Board's "Rules and Regulations," insofar as practical, the public hearing on the appli- cation for the special permit and the definitive subdivision plan shall be held concurrently. L_ 9.4.4 SPECIAL PERMIT PROVISIONS The SPGA may grant a special permit with site plan review for the development of any tract of land in a residential district provided it makes a determination that the proposed development is consistent with the standards and criteria set forth in subsection 9.4.8, subject to the following provisions: a. The special permit shall incorporate by reference the building design and definitive site development plans filed with the application for a special permit. b. The SPGA may require that the dwelling unit density be less than that shown on the definitive site development plan if it determines that the criteria contained in subsection 9.4.8 so require. 9.4.5 DENIAL OF SPECIAL PERMIT The SPGA may deny an application for a special permit with site plan review hereunder and base its denial upon: a. a failure to comply with the provisions set forth in Section 9, b. a finding that the proposed development would not be con- sistent with the general objectives for planned residential development set forth in subsection 9.1.1, or the criteria set forth in subsection 9.4.8, 9.4.6 REVISION OF SPECIAL PERMIT Subsequent to a special permit with site plan review granted by the SPGA under the provisions of this section and where applicable, the approval of a definitive subdivision plan, minor revisions may be made from time to time in accordance with applicable law, by-laws, and regulations, but the planned residential development approved under such SPS shall otherwise be in accordance with the application for the SPS, except as modified by the decision of the SPGA. The developer shall 44 (AbJO1TRNFD SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 19$5) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.4.6 (Cont.) notify the SPGA in advance of any such revision which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor, it shall order that an application for a revised SPS be filed, and a public hearing be held in the same manner as set forth in Section 3.4. 9.4.7 SPS VS. REZONING Where the density of dwelling units exceeds that authorized by (As subsection 9.2 or where the type of building proposed is indicated adopted) by the designation "No" in subsection 9.2.3, a petition for a re- zoning to a district permitting such density or type of building, shall be submitted to the Town Meeting. 9.4.8 STANDARDS, CRITERIA In addition to the purposes set forth in Section 1.1, the considerations in Section 3.4 and the objectives set forth in sub- section 9.1.1, a planned residential development shall also demonstrate that it complies with the following design standards and criteria: a. LAND FORM, PRESERVATION OF LANDSCAPE: The existing land form shall be preserved in its natural state, insofar as practi- cable, by minimizing tree and soil removal and man-made features, such as stone walls, shall be maintained with minimal alteration or disruption. b. NATURAL TOWNSCAPE: A natural character and appearance of the town shall be maintained or enhanced. Awareness of the existence of a development, particularly a higher density development, shall be minimized by screening views of the development from nearby streets, single family neighborhoods or Town property by the effective use of existing land forms, or alterations thereto, such as berms, and by existing vegetation or supplemental planting. c. OPEN SPACE: Both common open space and usable open space .J shall be located and designed so as to increase the visual amenities of the neighborhood as well as for the occupants of the development. d. ARCHITECTURAL CHARACTER: Without specifying any particular architectural style, the scale, massing and detailing of buildings should be compatible with those prevalent in the neighborhood. Where a planned residential development, such as a long-term care facility, a congregate living facility, or group quarters, is located adjacent to a neigh- borhood of single family dwellings, the massing scheme and the selection of exterior materials for buildings shall be complimentary to a single family neighborhood. e. HISTORIC, ARCHITECTURAL PRESERVATION: The removal or sub- stantial alteration of buildings of historic or architectural significance, the new use of places of historical signifi- cance, or the location of dwellings or uses adjacent to, and incompatible with, buildings or places of historic or archi- tectural significance shall be minimized. f. SITING OF BUILDINGS: Buildings shall be located: 1) har- moniously with the land form, vegetation and other natural features of the site, 2) effectively for solar and wind orientation for energy conservation, and 3) advantageously for views from the building while minimizing intrusion on views from other buildings. g. SAFETY: Buildings, and the grounds adjoining them, shall per- mit easy access and operations by fire, police and other emergency personnel and equipment. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 441-1` Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by (Cont.) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 9.4.8 (Cont.) h. TOWN SYSTEMS: Where applicable, improved access to, or the development of additional links or connectors, shall be made to a Town system of public facilities such as conservation areas, recreation facilities, footpaths or bicycle paths, (As streets or utility systems. adopted) .� i. PEDESTRIAN, BICYCLE ROUTES: A system of routes for pedes- trians, including bicycles, with minimal conflicts with vehicles, should be developed. j . TRAFFIC: The number of access points to the Town's system of arterial and collector streets should be minimized and the location of intersections with arterial or collector streets should be such as to minimize traffic congestion. k. UTILITY, SUPPORT SERVICES: Electric, telephone, cable TV and other such lines and equipment shall either be under- ground or as inconspicuous as possible. Support facilities such as storage, refuse disposal, utility buildings and structures for recreational activities shall be located, and screened, to make them less visible." In TABLE 1 USE REGULATIONS SCHEDULE by redesignating line 6.16 to be 6.17; by relocating line 1.5 Hotel etc. and all the desig- nations in the several columns to be a new line 6.16; by deleting lines 1.1 through 1.4 and lines 1.6 through 1.9 and all the designa- tions in the several columns and the two footnotes under category 1.0 RESIDENTIAL USES; in line 2.2 by deleting the words, "nursing, convalescent and rest homes; homes for the aged;"; by deleting the column headed "RH" and all designations in that column in the entire table and by inserting new lines and changing the designations Yes, No, SP, SPS under the several columns under the heading 1.0 RESIDENTIAL USES so that it will read as shown in the table on the following page. In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by deleting: the column heading "RH", all designations under the column headed "RH", footnote "k" entirely; and under the column headed RM and RD by: 1) adding "(a)" in the column heading; 2) on the line Minimum Lot Area by striking out "note (a)" and inserting in place thereof "125,000 s.f."; 3) on the line "Minimum Lot Frontage" by striking out "200" and inserting in place thereof "100"; and 4) on the line, Maximum Height Other Buildings, Stories by striking out "2 1/2" and substituting "NR" and 5) on the line Minimum Between Buildings by striking out 30 ft. and substituting "NR", and (i) in footnote "a." by inserting a new sentence at the beginning, as follows: "Development of new multi-family dwellings is not per- mitted in the RM district; these standards apply to RM districts in existence in January, 1985", and in the third sentence by changing "8.i.8" to "8.3 and Section 9". f 1 r 1 f 1 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - April 8, 1985) Article 11. (Cont. ) Adopted motion (Cont.) Table 1 - USE REGULATIONS SCHEDULE Use Designation RO 1.0 RESIDENTIAL USES RS RT RD RM CR CH CM CO CN CG CB "1.1 One-family dwelling YYYYYYYYYYY 1.2 Two-family dwelling, semi-attached dwelling Y Y 1.3 Conversion of one-family dwelling to two-family dwelling (see Section 5.3) SP Y Y 1.4 Dwelling units on second or third floor of commercial structures (see subsection 5.4) SP 1.5 Conversion of one-family dwelling to a congregate living facility provided there is SP SP no addition to the dwelling except as needed to comply with code requirements for egress. 1.6 Planned residential development (three or more dwelling units or rooming units) SPS SPS SPS No includes one-family detached, one-family attached, two-family, townhouse, three- family, four-family, multi-family, rooming house, group quarters, group care facility, congregate living facility, long-term care facility, conversion of municipal building (See Section 9)" All Y designations shall be Yes in the printed copy of the Zoning By-Law. All "blank" designations in the several columns shall be "No". 110 (ADJOURNED SESSION OF THE 1985 ANUAL TOWN MEETING - APRIL 8, 1985) 4. °� Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by (Cont. ) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.) In subsection 3.4.1 FILING REQUIREMENTS, in the first sentence by substituting the word "definitive" for the word "preliminary"; in the second sentence by deleting the last part of the sentence after the words ", and such further information. . . .require." and by ending the sentence with the words "use of the buildings."; by deleting the third sentence which starts with the words "At the time of. . . ."; and by inserting the following new paragraphs: (As "The application to the SPGA for a special permit under Section 3.4 adopted) shall be accompanied by the following materials: a. a definitive site development plan, as described in 3.6.2, b. a copy of a Notice of Intent filed with the Conservation Commission pursuant to Article XXXIII of the General By- Laws and Chapter 131, Section 40 MGL, and c. any other material as required by the written rules of the SPGA. An application which does not contain the material described in a, b, and c, above, shall be considered incomplete and shall not be accepted for processing. The time periods set forth in this By-Law and Chapter 40A, MGL, during which the SPGA shall notify parties in interest, hold a public hearing and issue a decision will not start until the appli- cation is complete. Upon receipt of material purporting to be an application, the SPGA, or its designee, shall determine whether the application is complete and notify the applicant in writing if the application is considered incomplete. If no such notification is made within 14 days, the application shall be considered to be complete as of the date submitted. Upon written request from the applicant prior to the filing of an application, the SPGA may waive the submission of such information, plans, studies or analyses, or parts thereof, as may not be needed for, or germane to, consideration of the application."; In subsection 3.4.2 SPGA PROCEDURES, by deleting the existing sub- section and inserting in place thereof the following: "Upon receipt of a completed application, the SPGA shall promptly notify the Board of Health, the Conservaiton Commission, the Engineering Department, the Planning Board (when it is not the SPGA) , and the Fire Department and such other boards, commissions or depart- ments as it may consider appropriate, given the substance of the application, of the receipt of the application. The SPGA shall not make a decision on such application until boards, commissions and departments have submitted reports or recommendations thereon or until 35 days have elapsed since the filing of a completed appli- cation without the receipt of reports." By adding a new subsection 3.6, as follows: "3.6 TYPES OF PLANS; INFORMATION REQUIRED 3.6.1 PRELIMINARY SITE DEVELOPMENT (AND USE) PLAN The objectives of a preliminary site development (and use) plan are: 1) for the developer to demonstrate an understanding of the characteristics of the tract and adjoining land and to present a proposal consistent with those characteristics, 2) to make a general determination of the feasibility of the development, and 3) to make an evaluation of the off-site impacts of the development and the ability of public services to accommodate it. A preliminary site development plan shall include: a. A site analysis map (or series of maps) showing: 1) existing contours at two-foot intervals, 2) steep slopes (15% or more) , 3) significant soil types, 4) significant rock outcroppings, 5) water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the 100-year flood elevation) , 6) significant vegetation (including mature trees, unique specimens of vegetation, and vegetation that ur 0 (ADJOHNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 3.6.1 a. (Cont.) indicates wetness) , 7) significant noise/visual impact (in- cluding views from the site and sources of noise affecting the site) , and 8) historically or architecturally significant structures and sites on or adjacent to the site. b. A traffic analysis to be conducted by a traffic engineer who will certify that he/she qualifies for the position of member of the Institute of Transportation Engineers (ITE) . The anal- (As ysis shall include: 1) traffic counts on arterial streets adopted) that provide access to the development site showing data on Average Daily Traffic (ADT) and a.m. and p.m. peak periods (conducted for two hours divided into 15-minute segments) ; 2) intersection turning movement counts at intersections likely to be affected by the proposed development (conducted for two hours divided into 15-minute segments) ; 3) an inventory of roadway characteristics showing the width of the principal approach streets and the presence or absence of sidewalks and their condition; 4) estimated trip generation showing the pro- jected inbound and outbound vehicular trips for the a.m. and p.m. peak periods and a typical one hour off-peak trip genera- tion; 5) the estimated distribution of new trips by approach streets; 6) the effect of additional traffic generated by the development on traffic "levels of service" on each approach street; 7) estimated off-street parking and loading require- ments and time of peak accumulation. c. A utilities analysis showing: 1) the location and size of the Town's existing water mains, fire hydrants, sanitary sewers, and storm drains; 2) the proposed location and the approximate size of utilities to be constructed on the site and their proposed connections to the Town's utilities, and any special features, such as culverts or pumping stations, that might affect the ability of the Town to service the development. d. A property rights and dimensional standards plan showing: 1) the location of existing easements or other property rights affecting the development; 2) the approximate location of any sections of the land to which the Town would be granted prop- erty rights, either easements or transfer of ownership for street, utility, conservation or other purposes; 3) the anticipated division of the property into parcels in private ownership, if any, if it affects zoning provisions; 4) the yard setback in feet for buildings and parking lots from lot lines and where applicable, a zoning district boundary, a brook or a pond; 5) the boundaries of any common open space or usable open space; 6) the maximum height of buildings; and 7) the distance, in feet, between buildings. e. A preliminary site construction plan showing in a general manner: 1) the location of buildings; 2) existing and pro- posed contours; 3) the location and dimensions of drives and parking areas; 4) the location and characteristics of any common open space or usable open space; 5) the proposed drainage system; and 6) proposed landscaping. f. A table showing: 1) total land area; 2) developable site area; 3) common or usable open space, if any; 4) site coverage of buildings; 5) area covered with impervious surface; 6) imper- vious surface ratio, 7) gross floor area of all non-residential buildings; 8) floor area ratio, if applicable; 9) density of dwelling units, or their equivalent, if applicable, and 10) number of off-street parking spaces and, if applicable, loading bays. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 4 51 Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) PRELIMINARY SITE DEVELOPMENT AND USE PLAN Where the preliminary site development plan is submitted with a petition for a change of zoning district, it shall be known as a preliminary site development and use plan and shall include the following additional information: a. for a CD, Planned Commercial District: (As 1) Uses to be permitted in the buildings, which may be a narrative adopted) describing the type and character of uses and/or a listing, by cross-reference, of uses to be permitted as they appear in Table 1, Use Regulations Schedule, and the maximum floor area ratio; 2) Other zoning provisions; this may be a narrative describing special regulations unique to the development and/or a cross- reference to provisions of this By-law that will apply to the CD district; b. for an RD, Planned Residential Development District: 1) Number of dwelling units, or their equivalent; 2) The types of buildings; 3) Approximate number of dwelling units by bedroom type (efficiency- studio, one-bedroom, two-bedroom, three-bedroom, etc.) including the approximate number of square feet in each dwelling unit and the total number of square feet of floor area in the development; and 4) Estimated sales or rental level of the dwelling units. c. for either a CD, Planned Commercial District, or an RD, Planned Residential Development District: 1) a visual representation, such as sketches or photographs, of the general scale and massing of buildings; 2) special conditions, if any, applicable to the proposed development which may include grants of benefits to the Town such as land for public purposes, construction of improve- ments (or financial contributions therefor) in behalf of the Town, or other development limitations such as aesthetic features. FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN Two copies of the preliminary site development and use plan which accompanies a petition for a rezoning shall be filed with the Town Clerk and one copy with the Planning Board at least three weeks prior to the Planning Board public hearing required to be held under Chapter 40A. Subsequent to that public hearing, revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board and must be filed at least seven days prior to the vote of the Town Meeting on the petition. The vote of the Town Meeting shall refer to the preliminary site development and use plan and shall be considered part of the rezoning action. 3.6.2 DEFINITIVE SITE DEVELOPMENT PLAN The objectives of a definitive site development plan are: 1) presentation of specific plans, of the construction documents type, for the development of the site, 2) provision of a specific plan for reference in granting a special permit with site plan approval. The definitive site development plan shall include all of the material and information contained in the preliminary site development plan with the following modifications and additions: "• (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 3.6.2 (Cont.) a. a site analysis map based on a field survey; b. a utilities plan showing the location, size, materials and connections to the Town's utilities; c. a property rights plan based on an instrument survey identifying parcels to be conveyed to the Town whether by deed or easement; (As adopted) d. a site construction plan showing proposed changes in contours and identifying landscaping by materials and sizes, and specific plans for any common open space; e. a traffic analysis including proposed mitigating measures, if any, to maintain an acceptable traffic "level of service"; all in accordance with Section 5, Definitive Plan Requirements; Section 6, Design Standards; and Section 7, Required Improvements, of the Planning Board's "Rules and Regulations", as applicable; and further, f. the off-street parking and loading plan described in section 11.2; g. elevations of proposed buildings; h. preliminary drafts of any deed, easement, offer or agreement to carry out any special condition." by deleting the title of SECTION 8 and Subsection 8.2 Controlled Commercial and Industrial Districts - CD, in its entirety and by inserting in place thereof the following: "SECTION 8 SPECIAL ZONING DISTRICTS A. PLANNED DEVELOPMENT DISTRICTS (TOWN MEETING REZONING REQUIRED) 8. 1 OBJECTIVES A planned development district is intended: 1) to permit con- siderable flexibility in the development of tracts of land by requiring few pre-determined standards, 2) to permit a developer to propose, and for the Town to vote on a site development and use plan unique to a particular location, 3) to permit the use of development standards more detailed than the more general standards elsewhere in this By- Law, 4) to provide information for the Town to evaluate the potential impacts of a proposed development and to enable the SPGA to require adherence to such site development plans in the granting of a special permit. 8.2 PLANNED COMMERCIAL DISTRICT - CD 8.2.1 STANDARDS FOR DEVELOPMENT The Planned Commercial District - CD, does not have pre- determined standards for development. Such standards are to be proposed by the developer, included in the preliminary site development and use plan and approved by the Town Meeting. 8.2.2 TOWN MEETING PRESENTATION Each petition presented to the Town Meeting for rezoning land to a CD district shall include a preliminary site development and use plan as described in subsection 3.6, and shall be filed in accordance with the provisions of that section. 8.2.3 USES PERMITTED No use is permitted and no development may occur in a CD district except in conformity with a preliminary site development and use plan approved by the Town Meeting, the provisions of this section and a special permit with site plan review granted by the SPGA. Uses other than commercial may be in a CD district if clearly identified in the pre- liminary site development and use plan approved by the Town Meeting. 6 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 4Q9) Article 11. (Main motion aspresented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 8.2.4 SPGA The Board of Appeals shall be the special permit granting authority. In acting upon applications for special permits with site plan review, the SPGA shall be governed by the provisions of Section 3.4. 8.3 PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS - RD 8.3.1 STANDARDS FOR DEVELOPMENT A number of standards for development in the planned residential development district, RD, are included in Section 9. Additional standards may be proposed by the developer and included in the preliminary site development and use plan and approved by the (As Town Meeting. adopted) 8.3.2 TOWN MEETING PRESENTATION Each petition presented to the Town Meeting for rezoning land to an RD district shall include a preliminary site development and use plan as described in subsection 3.6, and shall be filed in accordance with the provisions of that section. 8.3.3 DEVELOPMENT PERMITTED No types of residential buildings may be constructed and no development may occur in an RD district except in conformity with a preliminary site development and use plan approved by the Town Meeting, the provisions of this section and of Section 9, and a special permit with site plan review (SPS) approved by the SPGA. 8.3.4 SPGA The Board of Appeals shall be the special permit granting authority. In acting upon applications for special permits with site plan review, the SPGA shall be governed by the provisions of Section 3.4 and Section 9.4. 8.4 SPECIAL PERMIT PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS 8.4.1 SPECIAL PERMIT APPLICATION The application for an SPS under this section shall comply with subsection 3.4 and shall be accompanied by: a. a copy, certified by the Town Clerk, of the preliminary site development and use plan approved by the Town Meeting, b. a definitive site development and use plan as described in subsection 3.6. 8.4.2 SPECIAL PERMIT PROVISIONS The SPCA may grant a special permit with site plan reveiw (SPS) for the development of a tract of land in the CD or RD district subject to the following provisions: a. The SPGA makes a determination that the development conforms substantially to the preliminary site development and use plan approved by the Town Meeting and is consistent with the con- siderations set forth in subsection 3.4; b. the SPS incorporates, by reference, the definitive site development and use plan filed with the application for the SPS; c. the SPS may allow any or all of the uses specified in the plan approved by Town Meeting but no others; d. 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 plan and they do not allow the building floor area to exceed that shown on the approved plan by more than 10% in the RD district, or to exceed the maximum floor area approved for the CD district. 5 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING -- APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) 8.4.2 (Cont.) e. the SPS shall require that any land designated as common open space on the approved plan shall be either conveyed to the Town or protected by an easement granted to the Town; and f. the SPS may contain such additional conditions as the SPGA finds will serve the public interest. 8.4.3 DENIAL OF SPECIAL PERMIT The SPGA may deny an application for an SPS and base its denial upon a finding that the proposed development does not conform sub- stantially to the plans for the commercial or residential development (As of the tract as approved by the Town Meeting. adopted) 8.4.4 REVISION OF SPECIAL PERMIT Subsequent to an SPS granted by the SPGA, minor revisions may be made from time to time in accordance with applicable laws, by-laws, and regulations, but the commercial or residential development approved under such SPS shall otherwise be in accordance with the application for the special permit, except as modified by the decision of the SPGA. The developer shall notify the SPGA in advance of any such revision which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor, it shall order that an application for a revised SPS be filed, and a public hearing held in the same manner as set forth in Section 3.4. 8.4.5 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 an SPS based on the new approved plan. B. OVERLAY DISTRICTS An overlay district is a special purpose zoning district which is superimposed over another zoning district so that the land contained within the overlay district is subject to the requirements of both the overlay district and the zoning district in which it is located. An overlay district does not supersede the requirements of the other zoning district, which remain in effect, but are additional require- ments applicable to all land within the overlay district." by relocating Sections 9.5 WETLAND PROTECTION DISTRICT and 9.6 NATIONAL FLOOD INSURANCE DISTRICT in their entirety to appear in Section 8 under the subtitles 8.5 WETLAND PROTECTION DISTRICT and 8.6 NATIONAL FLOOD INSURANCE DISTRICT respectively and to change all numerical references in those two sections to a numbering system beginning 8.5 and 8.6, respectively. In Section 2 DEFINITIONS, by deleting the definitions CLUSTER DEVELOPMENT; CONGREGATE LIVING FACILITY; DWELLING, ONE FAMILY DETACHED; DWELLING, TWO FAMILY; GARDEN APARTMENT; by inserting under the definition of DWELLING, the following: "Structural Characteristics of Dwellings: ONE-FAMILY DETACHED DWELLING: A dwelling which is not attached to any other dwelling by any means and is surrounded by open space or yards on all sides. SEMI-ATTACHED DWELLING: A building containing two dwelling units which are attached to each other by a common vertical wall, each dwelling unit having open space or yards on three sides and each dwelling unit having direct access to the ground. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - April 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) TWO-FAMILY DWELLING: A building containing two dwelling units, with one of the dwelling units all, or partially, on a story above the other (as contrasted with a semi-attached dwelling) . TOWN HOUSE: A building containing three or more dwelling units in a row in which each dwelling unit has its own front and rear access to the ground, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from any other dwelling unit ' - by one or more party walls. (As THREE-FAMILY DWELLING: A building containing three dwelling units, adopted) each of which has direct access to the outside or to a common hall that leads to the outside. FOUR-FAMILY DWELLING: A building containing four dwelling units, each of which has direct access to the outside or to a common hall that leads to the outside. MULTI-FAMILY: A building containing five or more dwelling units. Occupancy Characteristics of Dwellings: ONE-FAMILY DWELLING: A building containing one dwelling unit occupied by not more than one family. TWO-FAMILY, THREE-FAMILY, FOUR-FAMILY DWELLING: A building containing the number of dwelling units, indicated by the first word of the phrase, each occupied by not more than one family. MULTI-FAMILY DWELLING: A building containing five or more dwelling units, each occupied by one family." and by inserting the following new definitiions in Section 2, in the proper alphabetical sequence: "APARTMENT BUILDING: Same as "MULTI-FAMILY DWELLING". BASEMENT: A space in a building which is partly below and partly above the level of the adjoining ground and having at least one-half of its floor-to-ceiling height above the average level of the adjoining ground. BOARDER: Same as "ROOMER" although a distinction may be made that a boarder is a person who receives meals as part of the rent. CELLAR: A space in a building which has less than one-half of its floor-to-ceiling height above the average level of the adjoining ground. CLUSTER DEVELOPMENT: A planned residential development in which buildings are constructed in one or more groups separated from adjacent property and other groups of buildings by intervening open land. The density, dimensional standards or types of buildings permitted may vary from those otherwise permitted or required. CONGREGATE LIVING FACILITY: A non-institutional, shared living environment which integrates shelter and service needs of functionally impaired and/or socially isolated older persons who are otherwise in good health and can maintain a semi-independent life style and who do not require constant supervision or intensive health care as "� provided by an institution. Each resident has his/her own bedroom and may have a separate living room, kitchen, dining area, or bath- room, and may share living, dining, and bathroom facilities with other older persons, such as in a common dining facility. CONVENTIONAL SUBDIVISION: The division of a tract of land into two or more lots complying with the dimensional standards set forth in this By-law, accompanied by the construction of certain public facilities, in accordance with Chapter 41, Section 81K - 81GG, MGL, "The Subdivision Control Law," and the Planning Board's "Rules and Regulations." 4[0 U (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur C. (Cont.) Smith and Margaret F. Rawls as adopted reads: (Cont.) ELDERLY: For the purposes of this By-Law, persons who are 60 years of age or older. GROUP CARE FACILITY: A type of group quarters in which a group of individuals not related by blood, marriage or adoption live together as a single housekeeping unit under a common housekeeping management plan in which some form of health care is provided. GROUP QUARTERS: A dwelling, or part thereof, which is not divided into dwelling units but may be divided into rooming units in which persons live who are not related by blood, marriage or adoption. ,...+ (As Examples are dormitory, housing for religious orders. adopted) IMPERVIOUS SURFACE: Any surface which reduces or prevents the absorption of storm water into previously undeveloped land. Examples are buildings, parking lots, driveways, streets, sidewalks, and any areas surfaced with concrete or asphalt. IMPERVIOUS SURFACE RATIO: The ratio of the sum of all impervious surfaces on a lot to the developable site area of the lot. INTERIOR DRIVE: A roadway which is privately owned and maintained and serves a planned residential or commercial development. It may have many of the physical characteristics of a street but does not meet the legal standards for STREET, ROAD OR WAY as defined in this section. An interior drive is not the same as a driveway, which is the means of access to a parking lot or parking space; and interior drive is the connecting link between a public street and a driveway. LODGER: Same as "ROOMER". LONG-TERM CARE FACILITY: An institution or distinct part of an in- stitution which is licensed or approved to provide health care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. For the purposes of this By-Law, it includes: extended care facility, intermediate care facility, nursing home, convalescent home, rest home. NURSING HOME: Same as "LONG-TERM CARE FACILITY". OLDER PERSONS: Same as "ELDERLY". OPEN SPACE, COMMON: Land within or related to a development which is not individually owned and is designed and intended for the common use or enjoyment of the residents of a development and may include such complementary structures and improvements as are necessary and appropriate. OPEN SPACE, USABLE: The part or part of a lot, structure, or building which are provided for the recreational and leisure time use and enjoy- ment of the occupants of a building. The space shall: 1) have minimum dimensions and characteristics prescribed herein; 2) be largely open and unobstructed to the sky; and 3) exclude principal and accessory buildings, parking spaces and loading bays, driveways and maneuvering aisles. ROOMER: An individual, other than a member of a family occupying a dwelling unit, who occupies a rooming unit, for living and sleeping but not for cooking and eating purposes, and paying rent, which may include an allowance for meals, by prearrangement for a week or more at a time to an owner or operator to whom he/she is not related by blood, marriage or adoption. ROOMING HOUSE: A dwelling, or part thereof, which is divided into four or more rooming units and is occupied by roomers for periods greater than one week. "RULES AND REGULATIONS": The short title of the Planning Board's "Rules and Regulations Governing the Subdivision of Land in Lexington, Mass." 47 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur (Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.) THROUGH STREET: A continuous street which connects to the Town's street system in at least two places. TRACT: One or more lots, whether or not in common ownership, under unified development control and designated to be developed in accord- ance with a plan approved by the Town." In Section 4.1 by striking out the line "RH-Subsidized Housing Districts"; in the line which begins RM, by deleting "(garden apart- ment)"; in the line which begins RD, by striking out "Multi Dwelling (As Districts" and by inserting in place thereof the words "Planned adopted) Residential Development District"; in Section 4.2, in the line that begins CD, by deleting the words "Controlled Commercial and Indust- rial District" and inserting in place thereof the words "Planned Commercial District." In subsection 5.1.1, in the fifth line by substituting the number "8.5" for "9.5"; in the eighth line by substituting the number "8.6" for "9.6"; In subsection 7.4.2, by substituting the number "9.2.11" for the number "9.1"; In subsection 9.5.8 of the existing Zoning By-Law, in the first line by substituting the number "9.2" for the number "9.4"; By deleting the words "9.7 Reserved"; In subsection 10.3.1, by deleting "or RH" and by inserting "or" before RD In subsection 11.3.1, line 1) b. by striking out all the words under the column headed TYPE OF USE and inserting in place thereof "Dwelling unit in: semi-attached dwelling, two-family dwelling, town house, three-family dwelling, four-family dwelling, multi-family dwelling"; in line 1) f. by striking out "Nursing home, sanitarium" and inserting in place thereof "Group care facility, long-term care facility"; in line 2) c. by adding the words ", group quarters" after the word "Dormitory"; in subsection 11.3.3 1) a. by striking out the words "Nursing home, sanitarium" and inserting in place thereof the words "Long-term care facility, group care facility"; On page T-1, Table 1, Use Regulations Schedule, Symbols, under Residential Districts, by striking out the line "RH - Subsidized housing di_stris_ts";; in the line which begins RM by deleting the words "(garden apartment)"; in the line which begins RD by deleting the words "Multi-dwelling districts" and by inserting in place thereof the words "Planned residential development districts"; under the heading Commercial and Industrial Districts, in the line which begins CD by deleting "Controlled Commercial and Industrial districts" and in- serting in place thereof "Planned Commercial districts"; In Table 1. Use Regulations Schedule, in line 8.4 by deleting the words "garden apartments" and inserting in place thereof the words "multi-family dwelling". In Section 1.3 AMENDMENTS, by inserting a new second sentence: "Petitions for rezoning to the RM, RD or CD district and a develop- ment proposal pursuant to Section 9.3 presented to the 1985 Annual Town Meeting may be voted by the Town Meeting and comply with the Zoning By-Law as it was in effect in January, 1985." In Favor: 125 Opposed: 31 Abstained: 3 Adopted. 8:39 P.M.) 458 (ADJODRNtD SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) Article 12. (See Pages 428 - 432) ZONING BY-LAW, CONVERSION OF ONE FAMILY DWELLINGS Article 13. (See Pages 432 & 439) ZONING BY-LAW, CM, CH DISTRICTS, FLOOR AREA RATIO Presented by Judith J. Uhrig. MOTION: That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board report and filed with the Town Clerk. 8:41 P.M. Mrs. Uhrig moved that the report of the Planning Board be accepted and placed on file. .—. Adopted unanimously. 8:41 P.M. (Motion as set forth and attached to the Planning Board Report: (As MOTION: That the Zoning By-Law be amended in Table 2 - Schedule of adopted) Dimensional Controls, in the line, Maximum Floor Area Ratio (FAR) , under the column headed CH, by striking out the designation "NR" and inserting in place thereof "0.25", and under the column headed CM, by striking out the designation "NR" and inserting in place thereof (Approved "0.20".) by Atty. General, Mrs. Uhrig gave an explanation of the motion. 8:51 P.M. Aug. 19, 1985. William J. Scouler, a member of the Hanscom Area Traffic Committee, Posted in voiced the support of his committee as did George A. Burnell as a Town member of the North Lexington Road Improvement Study Committee. Office 9:02 P.M. Building & nine John E. Taylor of the North Lexington Association also spoke in favor. precincts 9:08 P.M. on Sept. 12, 1985) Margery M. Battin said that the four members of the Board of Select- men present had just been polled and they unanimously supported the motion. 9:10 P.M. Voice vote on Mrs. Uhrig's main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 17 John W. Maloney 1 2 15 Christina J. Welch 0 3 17 Marian C. Reilly 0 4 13 Peter C. J. Kelley 0 5 13 Diran M. Semonian 0 6 17 Lisabeth M. White 0 7 14 Richard B. Wolk 0 8 14 Florence E. Connor 0 9 15 Deborah B. Green 0 At Large 22 John R. Campbell 1 Totals 157 2 More than the required two-thirds having voted in favor, the motion was adopted. 9:16 P.M. *** --a Article 16. AMEND ZONING BY-LAW CONGREGATE LIVING FACILITY Ephraim Weiss moved that Article 16 be postponed until after Article 24. Adopted unanimously. 9:18 P.M. (See Pages 434, 471, 488 & adopted motion on Page 521.) ***Articles 14 & 15. See Page 433. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 459 Article 17. AMEND ZONING BY-LAW (See Pages TABLE 1 - HEALTH HAZARDS 434 & 502.) Margery M. Battin moved that Article 17 be postponed to Monday, May 13, 1985. Adopted by voice vote. 9:19 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, April 10, 1985 at 8 P.M. in Cary Memorial Hall. 9:20 P.M. James M. McLaughlin served notice of reconsideration of Article 11 but the motion was ruled unseasonable by the Moderator. More than thirty minutes had elapsed since the adoption of Article 11. 9:21 P.M. Iris G. Wheaton expressed her thanks to the Moderator for starting the meetings promptly at 8 P.M. 9:23 P.M. Mrs. Battin's motion to adjourn this meeting to Wednesday, April 10, 1985 at 8 P.M. was declared lost by voice vote. 9:23 P.M. Article 20. AMEND ZONING BY-LAW LOWELL STREET RO TO RD Albert P. Zabin moved that this article be indefinitely postponed. 9:24 P.M. At Mr. Zabin's request, Mr. McDevitt of McNeil & Assoc. Inc. was recognized explaining the reason for postponing this article. 9:27 P.M. Motion to indefinitely postpone Article 20 was declared adopted unanimously. 9:27 P.M. Article 21. AMEND ZONING BY-LAW WOBURN STREET, RO TO RD (See Pgs. 510-518) Peter C. J. Kelley moved to table Article 21. 9:27 P.M. The Moderator stated that the Planning Board did not have a report on Article 21 at this time. Mr. Kelley's motion to table Article 21 was adopted unanimously. 9:29 P.M. Margery M. Battin moved that this meeting be adjourned to Wednesday, April 10, 1985 at 8 P.M. in Cary Memorial Hall. 9:30 P.M. Mrs. Battin's motion to adjourn was adopted by voice vote. 9:30 P.M. A true copy. --- Attest: 491'MtlAS Mary R. McDonough, Town Clerk 460 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD APRIL 10, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 178 Town Meeting Members present. Invocation offered by Reverend Walter H. Cuenin, Associate Pastor of Sacred Heart Church and President of the Lexington Clergy. 8:01 P.M. The Moderator said that the League of Women Voters sponsor mock town meetings in the elementary schools and added that the sixth grade class at Harrington School was in attendance, sitting in the balcony. They were given a round of applause by the meeting. 8:03 P.M. ..._, The Moderator called a formal recess in order that the student officials for Student Government Day could be recognized. 8:05 P.M. Moderator Cole relinquished the podium and turned it over to the Student Moderator, Stephen Fish who read a proclamation by the Board of Selectmen proclaiming April 10, 1985 as Student Government Day. He then presented a certificate to each of the student officials who were given a standing ovation. He then asked that Nancy L. Barter, Chairman of the Lexington Youth Commission and the original organizer of Student Government Day, be recognized. Mrs. Barter thanked the various town officials who had made this day possible. 8:10 P.M. Moderator Cole declared the meeting back in session at 8:10 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, moved that the Town Manager's Status Report on Open Money Articles be accepted and placed on file. Adopted unanimously. 8:11 P.M. Article 23. FRANKLIN SCHOOL Presented by Paul W. Marshall. (Not MOTION: That the Selectmen be and they hereby are authorized to adopted) convey the Franklin School property on Stedman Road, consisting of the building and land immediately adjoining, but not including the (See recreation area, to Greater Boston Community Development Inc. for the Page purchase price of $390,000 and on such other terms as the Selectmen 495 shall determine. 8:12 P.M. for motion Mr. Marshall gave a background of the choice of GBCD as the developer. as He added that Town Counsel had ruled that this motion will require a adopted) two-thirds vote for passage. 8:16 P.M. At Mr. Marshall's request the following were recognized: Lisa Albergini and Louise Elving, both of GBCD, speaking on the description of GBCD and on the financing of the project. Steve Tise of the architectural firm of Tise Wilhelm & Associates spoke on the physical design. 8:41 P.M. Jacquelyn R. Smith moved that the Planning Board Report on Article Y•••••• 23 be accepted and placed on file. Adopted unanimously. 8:42 P.M. Mrs. Smith voiced the unanimous support of the Planning Board. She said the location is excellent, there is ample open space around the building, there are no problems with the site plans and density and GBCD brings skills and will give the town excellent family housing. 8:45 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) 461 Article 23. Eleanor Klauminzer, speaking as a member of the Advisory (Cont.) Committee on Housing Needs (a Planning Board sub-committee) , told of the need of rental housing in Lexington. She spoke of the high regard the committee had for GBCD and urged approval of the motion. 8:52 P.M. Two residents of Allen Street, Scott Beamon of #8 and Robert C. White of #11, spoke in opposition and Mr. White showed slides to back up his statements. 9:10 P.M. In answer to a statement that had been made, Paul W. Marshall stated that the ball field would not be moved and it is in the hands of the Recreation Committee. 9:12 P.M. The Moderator interrupted the meeting to introduce some people from Dolores Hildalgo, Lexington's sister city for twenty years, in Mexico. They were given a standing ovation by the meeting. 9:15 P.M. In response to a question raised by Julian J. Bussgang, Mr. Marshall said that the Town would hold the second mortgage, the first mortgage would be held by Massachusetts Housing Finance Agency (MHFA) . 9:26 P.M. John P. Carroll spoke in opposition and asked that the vote be taken by a roll call. The Moderator asked for a standing vote on the roll call vote and, as more than the required fifty members stood in favor, the vote on Article 23 will be taken by the call of the roll. 9:27 P.M. As the Franklin School Conversion Committee did not recommend GBCD in their report to the Selectmen, Marthur H. Kalis asked what consideration had been given to their report. Paul W. Marshall said that the report had been read and studied very carefully but the feeling was that the need in the town was for affordable housing. 9:30 P.M. Florence A. Baturin and Marjorie K. Madoff spoke in favor. 9:35 P.M. Daniel J. Griffin, Jr. , 4 Kitson Park Drive, said that he was not opposed to the use of Franklin School for low and moderate income housing but was opposed to this proposal. He added that the Assemblies of God had offered the town $500,000. for the building. 9:38 P.M. Also speaking in opposition was Richard L. Neumeier, 2 Pitcairn Place and Jean Gaudet, a Town Meeting Member, a member of LEXHAB and a resident of the area at 12 Stedman Road. 9:45 P.M. James M. McLaughlin moved that the motion under Article 23 be amended to add at the end thereof the following: ", provided that the leasing of nine (9) rental housing units to be constructed in the Franklin School low and moderate (Amendment housing development (the "Project") be administered by the withdrawn) Lexington Housing Authority (the "Housing Authority") such that said nine (9) rental units be leased by Greater Boston Community Development ("GBCD") or the owner of the Project (if other than GBCD) to low and moderate income tenants selected by the Housing Authority under its Commonwealth of Massachu- setts 707 housing program or under its HUD Section 8 housing program." 9:46 P.M. At Mr. Marshall's request, the Moderator called a five minute recess. 9:49 P.M. The meeting was called to order by the Moderator at 10:02 P.M. 416i! (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) Article 23. Paul W. Marshall explained that this amendment, if passed, might (Cont.) jeopardize the financing with MFHA. He added that GBCD would be willing to meet with the Lexington Housing Authority and the Board of Selectmen and work out an agreement regarding the Section 8 housing program. There could be a risk putting this in the agree- ment. 10:05 P.M. Mr. McLaughlin asked that his motion to amend be withdrawn and as there were no objections, the motion was withdrawn. 10:05 P.M. r--a Marshall J. Derby, a member of the Franklin School Conversion Committee, said that this was an excellent proposal and he supported the article. 10:07 P.M. James E. Barry spoke in opposition. 10:11 P.M. Sheila Busa-Tassone moved the previous question which was declared lost by voice vote. 10:12 P.M. John F. McLaughlin, Selectman and Chairman of the Franklin School Conversion Committee, spoke in opposition to the proposal and said that Jacquelyn R. Smith was the only member on the committee that thought that the GBCD proposal was a good one. He urged a no vote. 10:20 P.M. At the request of Janet Perry, Robert C. White was recognized for the purpose of clarifying the cost figures that he had previously shown on the slides. 10:27 P.M. Paul Newman, School Committee member, having been on the committee when the transfer was made to the town, said that this plan was an exciting and good one. 10:28 P.M. Jacqueline B. Davison spoke in favor. 10:31 P.M. Elaine Dratch asked what the expected yearly income would be. Mr. Marshall answered that it would be approximately $50,000. in property taxes. Mrs. Dratch raised many questions which were answered by Mr. Marshall. 10:35 P.M. John C. Eddison and Albert P. Zabin spoke in favor. 10:46 P.M. Louis J. DiLuna, Jr. , 11 Wellington Lane and June D. Hatfield, 101 Blossomcrest Road spoke in opposition. 10:50 P.M. Patricia A. Swanson said that she did not feel that the town should sell any more school buildings. She did not favor this proposal. 10:55 P.M. Julian J. Bussgang said that although he would vote for this proposal, he felt the same as Mrs. Swanson. The town should own the building. 10:57 P.M. In answer to a question raised by William M. Fraser, Mr. Marshall said that the Selectmen did not reject the ideas put forth by John F. McLaughlin as the Selectman on the Franklin School Conversion Commit- tee but there was a difference of opinion. 11:01 P.M. John P. Carroll moved the previous question but immediately - --, withdrew his motion. 11:02 P.M. William J. Dailey, Jr. stated that he would be more comfortable if r._.. LEXHAB were in charge. He spoke in opposition. 11:07 P.M. Robert I. Rotberg spoke in favor. 11:07 P.M. George A. Burnell moved the previous question which was declared adopted by voice vote. 11:08 P.M. Paul W. Marshall summarized. 11:13 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) 463 Article 23. The roll call vote on the main motion as presented by Paul W. Marshall (Cont.) was taken by the Town Clerk, Mary R. McDonough, starting at 11:14 P.M. and completed at 11:25 P.M. The final tally was completed at 11:28 P.M. with the following results: (Final result announced by the Moderator at 11:30 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x Nancy L. Barter x Sheila Busa-Tassone x James Cataldo x James A. Cataldo x Chang Chih Chao x David F. Eagle x Nancy C. Gordon x Frederick H. Hagedorn x Patricia K. Hagedorn x Paul Levy x Ronald Levy x John W. Maloney x Barry E. Sampson x Edward P. Shannon x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 8 13 0 0 PRECINCT TWO YES NO ABSTAINED ABSENT Elizabeth H. Clarke x Eric T. Clarke x Karen Dooks x Leonora K. Feeney x Casimir R. Groblewski x Marita B. Hartshorn x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x Elizabeth H. Pressman x Vicky L. Schwartz x Arthur C. Smith x John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 13 7 0 1 PRECINCT THREE YES NO ABSTAINED ABSENT Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x 4[6 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (Cont.) (Cont.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x Francis P. McCarron x John J. McWeeney x James P. Reilly Marian C. Reilly x Paul V. Riff in x Robert I. Rotberg x Francis W. K. Smith Jacquelyn R. Smith x Richard W. Souza x Katherine M. Whyte TOTALS 12 7 0 2 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Donald R. Giller x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Daniel L. McCabe x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x "" Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 16 4 0 1 PRECINCT FIVE Florence A. Baturin x Cynthia L. Blumsack x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William F. Fraser x Paul E. Hamburger x John Hayward x Leona W. Martin x Stephen W. Miller x Paul Newman x Diran M. Semonian x Sam Silverman x Edgar R. Stuhr x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss x David G. Williams x TOTALS 11 6 0 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) 4611 Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (Cont.) (Cont.) PRECINCT SIX YES NO ABSTAINED ABSENT Margaret N. Brooke x Levi G. Burnell x Shepard Anthony Clough x George E. Foote x Thomas E. Fortmann x Edmund C. Grant x Elizabeth C. Haines x Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x Lisabeth M. White x John S. Willson x TOTALS 14 3 0 4 PRECINCT SEVEN Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x _ John R. Campbell x Sally T. Castleman x Renee T. Cochin x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Marvin H. Greenberg x Marthur H. Kalil x Walter N. Leutz x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Robert V. Whitman x Richard B. Wolk x Martha C. Wood x TOTALS 13 5 0 3 PRECINCT EIGHT Donald L. Bailey x Richard H. Battin x Roger F. Borghesani x Florence E. Connor x William P. Fitzgerald x Elizabeth G. Flemings x Suzanne S. Frank x Ione D. Garing x Benjamin H. Golini x William E. Maloney, Jr. x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x 4166 (ADJOVRNEb' SESSION OV THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) Article 23. ROLL CALL VOTE ON AIN MOTION UNDER ARTICLE 23 (Cont.) (Cont.) PRECINCT EIGHT (Cont.) YES NO ABSTAINED ABSENT Susan G. Plumb x Jack Sarmanian x Sheldon A. Spector x Carolyn H. Tiffany x Stanley E. Toye x Christopher B. Williams x _ _ _ TOTALS 11 7 0 3 PRECINCT NINE Alice J. Adler x Kenneth 0. Alves x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Louis E. Conrad x Margaret E. Coppe x Anna P. Currin x Neil Gray x Deborah B. Green x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Leo P. McSweeney x Janet Perry x Richard M. Perry x Susan J. Ricci x Fred D. Rosenberg x ' , James J. Scanlonx TOTALS 14 5 0 2 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Norman P. Cohen x Lincoln P. Cole, Jr. x William J. Dailey, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x John F. McLaughlin __ x TOTALS 3 3 2 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YESNO ABSTAINED ABSENT TOTALS 1 8 13 0 0 21 2 13 7 0 1 21 3 12 7 0 2 21 4 16 4 0 1 21 5 11 6 0 4 21 6 14 3 0 4 21 7 13 5 0 3 21 8 11 7 0 3 21 9 14 5 0 2 21 At Large 3 3 2 1 9 TOTALS 115 60 2 21 198 As less than the required two-thirds voted in favor, the Moderator declared that the main motion under Article 23 was not adopted. 11:30 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) 467 Paul W. Marshall served notice of reconsideration of Article 23. (See Pages 495-500) 11:30 P.M. Paul W. Marshall moved that the meeting be adjourned to Monday, April 22, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 11:30 P.M. A true copy. Attest: 77(6/u.I. if A Oit,A,44, Mary R. McDonough, Town Clerk 6 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD APRIL 22, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by Moderator, Lincoln P. Cole, Jr. There were 176 Town Meeting Members present. Invocation was offered by Rev. Harvey Meppelink of the Assemblies of God Christian Center. 8:02 P.M. Ephraim Weiss informed the meeting that he had placed one page of information referring to Article 16 on the back table and asked that the members pick up this sheet in order that they could study the motion he wished to make. 8:02 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Chairman of the Board of Selectmen, Paul W. Marshall, said that the intention of the Selectmen is to take up the financial articles next Monday, April 29th. This evening Article 24 will be the first item on the agenda. After that, the plan is to take up Articles 8 and 16. If these items are completed, then a motion to adjourn to Monday, April 29th would be offered. If the above articles are not completed tonight, then a motion to adjourn to Wednesday, April 24th would be offered. If this motion should prevail, the balance of the above articles, plus any article to be reconsidered, would be brought up on the 24th. If finished at a reasonable hour, the meeting would be adjourned to Monday, April 29 and the TMMA information meeting on the financial articles would immediately commence. If not finished at a reasonable hour, at the start of the April 29th adjourned session, a report on the financial articles would be given under Article 2 at the start of the meeting. 8:05 P.M. The Moderator stated that Article 8 had been postponed until after Articles 11 - 24 but Mr. Marshall felt that as long as some action had been taken on each article from 11 - 24 (Article 17 had been postponed until Monday, May 13) that Article 8 could be taken up. (See Page 470) 8:06 P.M. Article 24. MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT HOTEL Presented by Marshall J. Derby. (Not MOTION: That the Town approve the proposal of Massachusetts Inn- Adopted) keepers Inc. , to construct a hotel training center on land leased to it by Minuteman Regional Vocational Technical School District as outlined in material filed with the Town Clerk. (See 8:07 P.M. Page 520) The following were recognized and aided in the presentation of the proposal: Robert C. Jackson, Lexington Member of the Minuteman Regional Vocational Technical School Committee; John Donahue, Arlington, Chairman of the Minuteman School Committee; Ronald Fitzgerald, Superintendent Director; Peter Crafts, Director of Culinary Arts; Dr. Steven Fletcher, Department Head, Hotel, Restaurant, Travel, UMASS; Mr. Peter Faoro, Executive Vice- ---1 Pres. , Mass. Hotel/Motel Association, Minuteman Advisory Commm;; Raymond Murgia, Executive Vice-Pres. , Mass. Restaurant Assoc. , Minuteman Advisory Comm. ; Frank Stover, General Manager, Harvard Club in Boston, Minuteman Advisory Comm. 8:50 P.M. Jane P. Buckley, voicing her concern regarding the traffic congestion, spoke in opposition. 8:53 P.M. Speaking in favor: Ms. Nancy Dini, Owner, Dini Sea Grill (Boston), and on the Minuteman Advisory Committee; Richard Eaton, past member of the Lexington School Committee. In opposition: Cynthia L. Blumsack and Margaret F. Rawls. 9:32 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 22, 1985) c) Article 24. Judith J. Uhrig voiced the unanimous support of the Planning (Cont.) Board and urged adoption of this proposal. A written report of the Planning Board was not filed. John F. McLaughlin voiced the support of a majority of the members of the Board of Selectmen and urged the meeting to support the article. 9:45 P.M. John C. Eddison, Selectman, spoke in opposition. He was concerned about the size and the traffic. He added that at the Selectmen's meeting this evening, the board voted unanimously to expand the intersection but it is not known whether it would be approved by the National Park System or the federal government. He suggested �.L taking another look at this and to down size the project. He said that the proposal should be voted down and then come back with a new proposal of a smaller size. 9:57 P.M. Julian J. Bussgang said that he was emotionally against this proposal, feeling that the 200 room hotel would overshadow the school and the other projects. 10:02 P.M. Patricia A. Swanson spoke in favor and Gerald L. Abegg and Florence Koplow spoke in opposition. 10:16 P.M. Margery M. Battin, Selectman, spoke in opposition. She was concerned about the density of the development, the size and the traffic. Also, one of her major concerns was the fact that liquor would be served while students were on the grounds. 10:18 P.M. Two graduates from the first graduating class in 1978 spoke from the balcony praising the school and what it had done for them. Both James Cesario and Fred Corazzini, Jr. urged support of the proposal. 10:25 P.M. At Mrs. Swanson's request, Richard A. Kraus, Senator from the Fourth Middlesex District, was recognized and he spoke on the educational aspects of this proposal and urged approval. 10:32 P.M. Iris G. Wheaton spoke in opposition and Leo P. McSweeney, a Town Meeting Member from Precinct 9 and a member of the Painting and Decorating Advisory Committee at Minuteman School spoke in favor. 10:39 P.M. Superintendent Director Fitzgerald answered many questions throughout the action on Article 24. William M. Fraser moved the previous question which was declared adopted by voice vote. 10:45 P.M. Mr. Derby, as the presenter of the main motion, released his ten minutes to Ronald Fitzgerald who summarized the presentation by saying that the proposal had 1) high educational value; 2) low traffic impact; 3) high protection for the community. He added that they would not move forward without the approval of the Selectmen's traffic plan. 10:50 P.M. The Moderator said that, as this article required a two-thirds vote if not unanimous, he would ask for a standing vote with the results as follows: Precinct In Favor Tellers Opposed 1 10 John W. Maloney 7 2 11 Christina J. Welch 6 3 2 Marian C. Reilly 12 4 2 Katherine G. Fricker 12 5 9 Diran M. Semonian 10 6 6 Lisabeth M. White 10 7 3 Graydon M. Wheaton 12 8 5 Florence E. Connor 13 9 5 Deborah B. Green 10 At Large 17 John R. Campbell 10 Totals 70 102 Less than the required two-thirds having voted in favor, the main motion is not adopted. 10:53 P.M. 4 A (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 22, 1985) Paul W. Marshall moved that this meeting be adjourned to Wednesday, April 24, 1985 at 8 P.M. in Cary Memorial Hall. 10:53 P.M. Mr. Marshall said that if his motion was adopted, Article 8 and 16 would be brought up on the 24th. If they were finished early, the meeting would be adjourned and there would be the TMMA information meeting on the financial articles. 10:54 P.M. The Moderator ruled that no action could be taken on Article 8, which had been postponed until after Article 11 - 24, as no action had been taken on Articles 16 and 17. Article 17 was postponed until Monday, May 13, and as the meeting could not be dissolved with this motion on Article 17 unless two-thirds of the body voted to do so, it would not be possible to act on Article 8. 10:56 P.M. Ephraim Weiss, who had postponed Article 16 until after Article 24, said that he did not wish to bring up Article 16 on April 24 as two members of the Planning Board would not be available. 10:57 P.M. Benjamin H. Golini served notice of reconsideration of Article 24. 10:59 P.M. (See Page 520.) Julian J. Bussgang had a point of order. He asked if the town meeting could rescind the vote on Article 8 and then proceed with action on Article 8. 11 P.M. The Moderator asked the maker of the motion to postpone Article 8, Stanley E. Toye, if he would be agreeable to having Article 8 brought before the meeting on April 24 and Mr. Toye answered in the negative. His reason for postponing action on the article was so that all zoning articles on housing would be completed before Article 8 would be acted upon. Articles 21 and 22, which refer to housing, have been tabled and therefore no action has been taken. 11 P.M. George A. Burnell moved to amend Mr. Marshall's motion by adjourning to Monday, April 29, 1985 at 8 P.M. in Cary Memorial Hall. 11:02 P.M. Mr. Burnell's motion to amend was declared adopted by voice vote. 11:02 P.M. Mr. Marshall's motion to adjourn, as amended by Mr. Burnell, was declared adopted by voice vote. 11:03 P.M. The meeting was adjourned to Monday, April 29, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 11:03 P.M. A true copy. Attest: 41A,14-1 712✓ ° �cb-"'c��,,z . Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING 471 HELD APRIL 29, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation was offered by Rev. Thomas L. Clough, Minister of Education at the Hancock United Church of Christ. 8:02 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, gave the game plan as he now knew it. He said that Article 16 would be brought before the meeting and the proponent would ask to postpone it and bring it up next Monday. Then on to the financial articles. It was also his understanding that Mr. Cannalonga (Article 18) and the Franklin School conveyance (Article 23) would be re- considered, with the approval of the meeting, on next Monday. On Wednesday, May 8th, Article 51 (Pine Meadows Golf Course) would be brought before the meeting as the finalized purchase and sale agreement should be ready at that time. If the balance of the financial articles are not finished, then the meeting would proceed with them after that. 8:04 P.M. Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved that the Report of the Appropriation Committee be accepted and filed and gave a short explanation. Adopted by voice vote. 8:11 P.M. 111.1 Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that the Report of the Capital Expenditures Committee be `-" accepted and placed on file. Adopted by voice vote. 8:13 P.M. Article 16. AMEND ZONING BY-LAW CONGREGATE LIVING FACILITY Ephraim Weiss moved that Article 16 be tabled. Adopted by voice vote. 8:13 P.M. (See Pages 458, 471, 488 & adopted motion on Page 521.) Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul Marshall reviewed the budgets, acquisition of the Pine Meadows Golf Course and extension of the Lincoln Street Recreation Area. He added that there had been changes since the Town Manager had presented his original budget, due to additional state aid. �^ The estimated increase in the tax rate is 59Q for residential and 58Q for commercial. 8:17 P.M. At Mr. Marshall's request, the Town Manager, Robert M. Hutchinson, Jr. , was recognized and he gave an explanation of the FY86 budget, listing the nine budget assumptions. The total valuation is $1,333,000,000 plus 24 million. Of the bargaining units, only the Fire Department contract has been settled. The FY86 levy limit under Prop. 22 is $30,993,988 which equals 2/3 of the total valuation. The estimated residential tax rate is $20.99 and the commercial $30.68. Mr. Hutchinson added that there will be a revaluation of property in Fiscal 87. 8:35 P.M. o` � (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 25. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY85) Paul W. Marshall moved: That this article be indefinitely postponed. Adopted by voice vote. 8:35 P.M. Article 26. OPERATING BUDGET Presented by Paul W. Marshall. 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. 8:36 P.M. (Richard M. Perry gave written notice and the following gave verbal notice that they would not vote on Article 26: Lincoln P. Cole, Jr. , William W. Welch, Jr. , Edgar R. Stuhr and Mary R. McDonough.) The Moderator said that he would read the line items and, as his head would be down, if anyone wished to speak at any time, that they should say "Mr. Moderator" in a loud voice. Selectmen's Department #1000 Personal Services $ 34,554 1050 Expenses 9,050 8:36 P.M. Town Manager's Office 1060 Personal Services 136,211 1065 Expenses 7,500 8:37 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 35,000 1075 Clerical Pool 13,155 1080 Office Furniture & Fixtures 4,000 1090 General Professional Services 75,000 1125 Fire & Police Medical 35,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 8:38 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 500 8:38 P.M. Town Clerk's Department 1150 Personal Services 78,845 1200 Expenses 1,520 8:38 P.M. Board of Appeals 1500 Personal Services 17,598 1550 Expenses 2,650 8:38 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 19$5) 4 73 Article 26. Planning Board (Cont.) #1600 Personal Services $ 63,989 1650 Expenses 5,775 8:38 P.M. Insurance 1700 Group (See amended motion on Page 532) 2,109,600 1750 Municipal Property & Workmen's Compensation 400,000 8:39 P.M. Printing Town Report 1760 Expenses 5,500 8:39 P.M. Law Department 1775 Law Fees 100,000 1800 Law Expenses 25,000 8:39 P.M. Elections 1900 Selectmen Jurisdiction 9,400 1950 Town Clerk Jurisdiction 8,255 8:39 P.M. Board of Registrars 2000 Personal Services 9,050 2050 Expenses 15,800 8:40 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 4,000 2400 Town Celebrations Committee Expenses 7,500 8:40 P.M. Historic Districts Commission 2450 Expenses 2,000 8:40 P.M. Conservation Commission 2460 Expenses 9,340 2465 Personal Services 31,448 8:40 P.M. Recreation Committee 2470 Personal Services 130,435 2480 Expenses 19,580 8:41 P.M. Treasurer/Collector's Department 2500 Personal Services 108,738 2525 Expenses 18,050 2575 Foreclosure & Redemption 5,000 8:41 P.M. Comptroller's Department 2800 Personal Services 143,070 2850 Expenses 6,675 8:41 P.M. 474 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 26. Comptroller's Jurisdiction (Cont.) #2925 Office Machines-Capital Outlay $ 12,500 2930 Office Machines-Maint. & Repair 30,300 2935 Office Services-Copier & Supplies 12,000 2940 Metered Mail 34,300 8:42 P.M. Assessors' Department 2950 Personal Services 79,823 3000 Expenses 11,900 8:42 P.M. Health Department 3250 Personal Services 72,151 3300 Expenses 19,300 3320 Visiting Nurse & Community Health 7,550 3450 Rabies Clinic 3,025 8:42 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 17,859 3550 Expenses 7,325 8:42 P.M. Robert I. Rotberg asked if any of the police had been promoted under the "Quinn Act" and the Town Manager answered that the Town of Lexington had not accepted this act. 8:44 P.M. Police Department 3760 Police Department Management and Staff-Personal Services 456,390 (Of which $11,000 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit- Personal Services 1,282,515 3800 Expenses 227,445 3900 Parking Meter Maintenance 3,500 (Of which $3,500 is to be transferred from the Parking Meter Fund) 8:45 P.M. Fire Department 4110 Fire Department Management and Staff-Personal Services 160,755 4120 Fire Department Collective Bargaining Unit- Personal Services 1,589,861 ** 4150 Expenses (See next page for adopted figure) 149,400 8:45 P.M. Iris G. Wheaton voiced her concern regarding doing away with the fire alarm boxes. Mr. Hutchinson, Town Manager, said that an estimated figure of $7,000 had been put in the budget ---, to remove most of the boxes. He added that it is not cost effective to keep the boxes that were put in approximately in the early 1900's. He said that approximately 250 street boxes would be removed but did say that the Fire Chief did not recommend the removal. 8:48 P.M. Richard A. Michelson moved that Account #4150 appropriate $142,400 in place of $149,400. 8:49 P.M. Mr. Michelson explained that the reduction of the $7,000 is so that the fire alarm boxes would not be removed. The Town of Walpole removed boxes in the past and are now putting them back in. 8:51 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29 1985) ( g Article 26. Fire Department (Cont.) (Cont.) Paul Marshall said that it is not a dollar and cents item. It is a safety measure. 8:54 P.M. James E. Barry spoke in favor of keeping the boxes and Iris G. Wheaton spoke in favor of Mr. Michelson's motion to amend. 8:59 P.M. Mr. Michelson's motion to amend line item #4150 was declared adopted by voice vote. 9 P.M. The amended line item #4150 now reads: ** #4150 Expenses $ 142,400 Margaret F. Rawls questions the difference of $70,000 in line item #4120. Mr. Marshall said that this is due to the settlement of the collective bargaining unit since the Town Manager had presented his budget back in January. 9 P.M. Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 9 P.M. Inspection Department 4450 Personal Services 107,652 4500 Expenses 3,600 9:01 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,368,389 (Of which $45,000 is to be transferred from the Westview Perpetual Care Fund) 9:03 P.M. Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved that: line item number 4900 be amended as follows - That the amount $1,368,389 be deleted and the amount $1,351,389 be substituted. 9:02 P.M. Both Paul Marshall and the Town Manager, Robert M. Hutchinson, Jr. spoke in opposition to the amendment. 9:08 P.M. Mr. O'Sullivan's motion to amend line item #4900 was defeated by voice vote. 9:08 P.M. 4950 Public Works Management and Staff Personal Services 402,984 5000 Expenses 21,720 9:08 P.M. Engineering Department 5100 Personal Services 248,725 r-- 5150 Expenses 9,000 9:09 P.M. Town Buildings Maintenance 5200 Personal Services 108,973 5250 Expenses 219,150 9:09 P.M. 47 6 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 26. Highway/Traffic Division (Cont.) #5400 Expenses $ 234,600 9:09 P.M. Michael J. O'Sullivan moved that: Line Item Number 5400 be amended as follows - that the amount $234,600 be deleted and the amount $227,600 be substituted. Amendment lost by voice vote. 9:12 P.M. Paul E. Hamburger questioned line items #2470 and 2480. .._.. Mr. Hutchinson answered that the $15,000 increase is in wages of the summer workforce. The minimum wage is $3.35. 9:13 P.M. Road Machinery 5450 Expenses 256,700 9:13 P.M. Snow Removal 5500 Expenses 160,200 9:13 P.M. Street Lights 5600 Expenses 407,000 To which the sum of $259,622 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:14 P.M. Sewer & Water Maintenance 5700 Expenses 233,215 9:14 P.M. Refuse Collection 5800 Contract 808,500 9:15 P.M. Sanitary Landfill 5850 Expenses 3,500 9:15 P.M. Park/Shade Tree Division * 6000 Expenses (See amended figure below) 104,275 9:15 P.M. Fred D. Rosenberg moved that: line item #6000 be amended to read $104,775. 9:15 P.M. Paul W. Marshall said that the Board of Selectmen would have no problem with this amendment and that they would vote in favor. 9:18 P.M. Mr. Rosenberg's motion to amend line item #6000 was declared adopted by voice vote. 9:18 P.M. The amended line item #6000 now reads: * 6000 Expenses 104,775. 41 7 7 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 26. Richard A. Michelson brought up the subject of opening the (Cont.) dump for a couple of weeks in the spring and a couple of weeks in the fall for the disposal of leaves and brush. Mr. Marshall answered that the dump would be open for a couple of weeks in the fall for the disposal of leaves. 9:20 P.M. Donald B. White questioned line item #5800. The Town Manager answered that they are now in the process of burning waste in the testing process at the facility in Andover. The cost will go up as expected in the past and is based on the cost of a barrel of oil. It is $28 to $30 a ton for tipping fee. 9:24 P.M. There was discussion on line item #6000 in regards to the chemicals being used in spraying as questioned by Elaine Dratch. Paul E. Mazerall, Park Superintendent, answered many questions and explained the chemicals being used and the purposes for which they were used. 9:30 P.M. Jacquelyn H. Ward informed the meeting that Lexington had won the award as "Tree City USA" as one of six communities in Massachusetts winning such an award. She said that this award was due to the excellent work done by Paul E. Mazerall. Mr. Mazerall was given a standing ovation. 9:30 P.M. Insect Suppression #6050 Expenses 1,350 9:30 P.M. Cemeteries 6400 Expenses 14,950 9:30 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 10,532 7150 Administration 300 7200 Aid & Expenses 10,500 7250 Grave Registration Expenses 200 7300 Burial Expenses 250 9:31 P.M. Council on Aging 7340 Personal Services 34,764 To which the sum of $34,764 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:32 P.M. 7360 Expenses 37,450 To which the sum of $37,450 in available and anticipated F-- P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:32 P.M. Other Human Services 7410 Mystic Valley Mental Health 15,000 7430 Community Services 68,164 To which the sum of $68,164 in available and anticipated P.L. 98-185 (General Revenue Sharing Funds) is to be applied. 9:33 P.M. 4-7 8 (ADJOVRNEn 8t88ION OP TI=IE 1985 ANNTJAL TOWN MttTING - APRIL 2.9, 1985) Article 26. Cary Memorial Library (Cont.) #7500 Personal Services $ 583,481 7550 Expenses 188,925 (Of which $2,539.17 is to be transferred from the County Dog License Fees. $14,740 in Regular State Aid and $8,548 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) 9:33 P.M. Board of Retirement 7800 Contributory Pension Fund 1,496,889 In addition, $300,000 of excess investment income in the Retirement Fund is also approved for use by the Board of '— Retirement. 7810 Pension Funding 300,000 9:34 P.M. Questions were raised regarding the pension funding. Paul W. Marshall said that the Selectmen felt that it was appropriate to put in the figure of $300,000. 9:43 P.M. 7825 Non-Contributory Pension Fund 210,000 7850 Expenses 5,955 9:43 P.M. Frank Sandy raised questions regarding the Parking Meter Fund. Richard M. Perry, Comptroller, answered that, at the present time, there is $155,000 in the fund and that $153,500 is being transferred at this town meeting. Mr. Sandy wanted to know how much had been transferred in the past but the figure was not available at this moment. 9:50 P.M. Public Schools 7920 Public School-Education 20,019,755 (Of which $11,950.00 is for out of state travel.) To which the sum of $324,053 in available and anticipated P.L. 874 and other Federal and State Funds, and $35,000 in available and anticipated athletic receipts is to be applied and the balance of $19,660,702 is to be raised in the tax levy. 9:50 P.M. Paul Newman, Chairman of the School Committee, described the journey that the budget had traveled and the budget process. He asked that Geoffrey Pierson, Superintendent of Schools, be recognized. 9:58 P.M. Mr. Pierson presented the budget in which there was a 4.5% increase and he showed the major increases. He gave a cost per pupil and personnel summary and added that there is a high degree of parental satisfaction. 10:10 P.M. 8100 Regional Vocational Technical High School Assessment 304,756 10:10 P.M. 8500 Interest on Debt 52,488 10:15 P.M. 8525 (Tax and Bond Anticipation Loans) Paul W. Marshall moved that line item #8525 be tabled. This motion was adopted by voice vote. 10:15 P.M. (See Page 531) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) 479 9 Article 26. (Cont.) #8550 Maturing Debt $ 485,000 10:19 P.M. The main motion as presented by Paul W. Marshall, with the exception of line item #8525 which has been tabled, was declared adopted unanimously. 10:20 P.M. Frank Sandy served notice of reconsideration of Article 26. 10:20 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES David G. Williams, Chairman of the Conservation Commission, gave a short report on the acquisition of conservation land, mainly the West land on Oak Street and the Chiesa land on Adams Street. 10:25 P.M. Article 27. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS Presented by Paul W. Marshall. MOTION: That $300,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 26 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 & Overtime 1075 Clerical Pool 1130 Director of Guides 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer/Collector 2800 Comptroller 2950 Assessor 3250 Health 3500 Animal Control 3760 Police Management and Staff 3770 Patrolmen and Sergeants - Personal Services 4110 Fire Management and Staff 4120 Fire Collective Bargaining Group - Personal Services 4450 Inspection 4900 D.P.W. Collective Bargaining Group - Personal Services 4950 D.P.W.Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' .Services 7340 Council on Aging 7500 Library 10:28 P.M. 4 S® (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 27. Lincoln P. Cole, Jr. , Richard M. Perry and Mary R. McDonough abstained from (Cont.) voting on this article. After general discussion, mostly questions raised by Ephraim Weiss and answered by the Town Manager, the motion was declared adopted by voice vote. 10:36 P.M. Article 28. PRIOR YEARS' UNPAID BILLS Presented by Selectman, William J. Dailey, Jr. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:36 P.M. `~ Article 29. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Presented by William J. Dailey, Jr. MOTION: That $25,000 be appropriated, to be used in conjunction with funds appropriated under Article 57 of the Warrant for the 1984 Annual Town Meeting, to purchase furniture for the Senior Center, and to raise such amount $25,000 be transferred from the Reserve Fund-Overlay Surplus. 10:36 P.M. Mr. Dailey said that it would cost $125,000 to equip the new Senior Center at the Muzzey School complex. They have already raised $31,000 and have received gifts. The Selectmen recommend this expenditure as does the Appropriation Committee. Adopted by voice vote. 10:38 P.M. Article 30. RESERVE FUND Presented by William J. Dailey, Jr. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount, $150,000 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 10:40 P.M. Article 31. TAX ANTICIPATION BORROWING Presented by William J. Dailey, Jr. MOTION: That the Town Treasurer, with the approval of the Selectmen, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1985 and to issue a note or notes therefor, payable within one year, under G.L. c. 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. c. 44, sec. 17. Adopted unanimously. 10:40 P.M. Article 32. CONSERVATION FUND Presented by Selectman, John C. Eddison. MOTION: That this article be indefinitely postponed. 10:41 P.M. Mr. Eddison, with the permission of the meeting, immediately withdrew his motion to indefinitely postpone and then moved to table Article 32 which was adopted by voice vote. 10:42 P.M. (See Page 530) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) 4S 1. Article 33. UNEMPLOYMENT COMPENSATION FUND Presented by Selectman John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:42 P.M. Article 34. WATER MAINS fPresented by John F. McLaughlin. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains in such accepted or unaccepted streets cr 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; to appropriate the sum of $200,000 for such installation and land acquisition; to raise such amount $30,000 be transferred from the Sale of Real Estate Fund, $140,000 be transferred from the Reserve Fund-Overlay Surplus and that $30,000 be raised in the tax levy; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for such project. 10:43 P.M. Mr. McLaughlin explained that this is the first year of a ten year program and the first project will be in the manor area - Simonds Road and streets that run off Simonds Road. Adopted unanimously. 10:45 P.M. Article 35. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS Presented by John F. McLaughlin. 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, ease- ment or other interest in land necessary therefor; and to appropriate the sum of $15,000 for such installation and land acquisition; that such amount be raised in the tax levy. 10:46 P.M. Mr. McLaughlin said the drains this year would be in Winter Street and Daniel L. McCabe voiced the approval of the Capital Expenditures Committee. 10:46 P.M. Adopted unanimously. 10:46 P.M. Article 36. BROOK CLEANING Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:47 P.M. Article 37. INSTALL CURBING Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:47 P.M. 482. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) Article 38. CONSTRUCT SIDEWALKS Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:48 P.M. Article 39. SANITARY SEWERS Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:50 P.M. Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 1, 1985 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:50 P.M. A true copy. Attest: 4161 r4, C41„.a.„V14 Mary R. McDonough, Town Clerk 8 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MAY 1, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 176 Town Meeting Members present. Invocation was offered by Rev. Brian S. Dixon, Pastor of the First Baptist Church. 8:01 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, informed the meeting that the sewer construction would be going through the center of town. Starting next Monday, the Meriam Street parking lot will be subject to the sewer construction and for the next two weeks part of the lot will be closed. Part of that time the entrance from Depot Square will be closed and entrance will have to be made from Meriam Street. 8:04 P.M. The Moderator declared the meeting open on Article 40. Article 40. SCHOOL INFILTRATION/INFLOW REMOVAL Presented by Margery M. Battin. MOTION: That the sum of $50,000 be appropriated to remove infil- rvation and inflow of storm water from the sewer system which originates from school building connections; that such amount be raised in the tax levy; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for such project. Adopted unanimously. 8:07 P.M. Article 41. SEWER PUMPING STATION ENERGY IMPROVEMENTS Presented by Margery M. Battin. MOTION: That the sum of $11,000 be appropriated for engineering services for an energy study of the North Lexington Sewage Pumping Station, and that such amount be raised in the tax levy. Adopted unanimously. 8:12 P.M. Article 42. PUBLIC WORKS EQUIPMENT Presented by William J. Dailey, Jr. MOTION: That the sum of $150,000 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 raised in the tax levy. 8:12 P.M. -- Mr. Dailey listed the following pieces of equipment that are to be purchased: 3 cubic yard front end loader with plow; 6 wheel racked body truck with winch; 4 wheel drive one ton dump truck with plow and a 3-5 ton roller. These will be replacement pieces of equipment. 8:14 P.M. In answer to Ronald Levy's query regarding the $25,000 reduction in the amount being requested (TMMA report carried the figure of $175,000), Mr. Dailey said that the turn-in allowance reduced the amount. 8:15 P.M. Adopted unanimously. 8:15 P.M. 484 (ADJOt1TtN D SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) Article 43. AUTHORIZATION TO USE CHAPTER 90 FUNDS FOR STREET IMPROVEMENTS Presented by Paul W. Marshall. (As MOTION: That the Treasurer with the approval of the Selectmen be adopted) authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 637 of the Acts of 1983 and Chapter 234 of the Acts of 1984, and that notes issued for a shorter period than two years may be refunded by 7- 3 the issue of new notes maturing within two years from the date of the original obligation; that the Selectmen are authorized to accept highway funds from all sources; that, in addition, the sum of $650,000 .� be appropriated for highway improvements, and that such amount be raised in the tax levy. 8:17 P.M. Mr. Marshall explained that these funds are for a resurfacing program and showed the probable streets (these could change) to be done: STREET LENGTH Bartlett Avenue 1,000' Buckman Drive 2,400' Farmcrest Avenue 1,300' Grant Street (East St. to York St.) 2,800' Grove Street (Town line to Rte. 128) 6,000' Liberty Avenue 2,200' Lincoln Street (Worthen Rd. to Middleby Rd.) 4,000' Mass. Avenue (Bedford St. to Woburn St.) 2,300' Mass. Avenue (Worthen Rd. to Rte. 128) 5,200' Meriam Street (Adams St. to Castle Rd.) 2,400' North St. (Adams St. to Carl Rd.) 800' North St. (Burlington St. to New Sewer) 1,000' Oxbow Road 2,000' Pelham Road (Mass. Ave. to Eliot Rd.) 600' Pleasant Street (Mass. Ave. to Wilson Farm) 1,000' Stetson Street 800' - Stimson Avenue 850' Waltham Street (Marrett Rd. to Brookside Ave.) ** 4,000' Coolidge Avenue 1,600' TOTAL 42,250' ** (This figure was later doubted by Ronald Levy and it was believed to be a typographical error. It probably should be 400' .) Winifred L. L. Friedman wondered what the criteria was in order that a road be resurfaced. Robert M. Hutchinson, Jr. , Town Manager, explained that they drive over every street to check the need and the volume of traffic. There is a flexible dealing with the neighborhood and he added that the list of streets as shown on the screen (shown above) may be changed. 8:25 P.M. Mr. Marshall's motion was declared adopted unanimously. 8:26 P.M. Article 44. STREET CONSTRUCTION AND LANDTAKING Presented by Paul W. Marshall. MOTION: That the Selectmen be and they hereby are authorized to construct and reconstruct such streets as they shall determine, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appro- priate the sum of $235,000 for such construction and reconstruction and land acquisition; and that to raise such amount $160,000 be transferred from the Unreserved Fund-Special Assessments and $75,000 be raised in the tax levy. 8:27 P.M. Adopted unanimously. 8:30 P.M. (Article 44 covers the reconstruction of Middle Street.) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) %- � Article 45. STREET ACCEPTANCE AND CONSTRUCTION Presented by John C. Eddison. MOTION: To establish as town ways and accept the layout of the following town ways: (a) Emerald Street from Asbury Street a distance of 400 feet, more or less, to end; (As adopted) (b) Garfield Street from Reed Street a distance of 700 feet, more or less, to Earl Street. all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated February 18, 1985; 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 $100,000 be appropriated for such land acquisition, construction, alteration and reconstruction as is necessary, and that such amount be raised in the tax levy. 8:32 P.M. Mr. Eddison explained that the cost of Emerald Street would be $56,000 and Garfield Street would be $100,000. These are estimated figures. These streets would be built to town standards without sidewalks. 8:33 P.M. Richard A. Michelson moved that: The sum of $100,000 be deleted and the sum of $135,000 be appropriated and that (a) read "Emerald Street from Asbury Street to Bellflower Street". 8:34 P.M. The Moderator ruled that this amendment was beyond the scope of the article and would therefore be put aside. 8:35 P.M. Ephraim Weiss wanted to know how many houses were involved. Mr. Eddison answered that there were 11 abutters on Garfield Street and 7 abutters on Emerald Street. 8:35 P.M. Susan S. Solomon served notice of reconsideration of Article 43. 8:37 P.M. Article 45. Mr. Eddison explained that Garfield Street would be built to a (Cont.) twenty-four foot width without losing any significant amount of trees. 8:39 P.M. Vicky L. Schwartz voiced her concern that Philip Road was not in- cluded in the motion to accept as it had been listed in the warrant article. She felt that it should be included as it was one of the entrances to Bowman School and was used by the school buses. According to Mrs. Schwartz, Philip Road is not in good condition. 8:42 P.M. Mr. Eddison explained that Philip Road would be postponed to another year. 8:42 P.M. Iris G. Wheaton questioned the need of Emerald Street being in the warrant this year where it had been voted at last year's town meeting. She also wanted to know why Philip Road was not in the motion. 8:44 P.M. Mr. Eddison answered that $56,000 was voted for Emerald Street but that there wasn't a design voted on at that time. That is what the meeting would be voting on this year. He also said the $100,000 appropriation would only cover Garfield Street and could not cover Philip Road also. 8:44 P.M. 266 (ADJOU NEb SESSION OF 'Mt 1985 ANNUAL TOWN MEETING - MAY 1, 1985) Article 45. Paul E. Hamburger wanted to see the design of the streets. 8:45 P.M. (Cont.) Town Manager Hutchinson said that they have accomodated the neighborhood, on Emerald Street, and if it is not voted this year, it will cost more money. 8:52 P.M. Arthur C. Smith said that he would like to hear the exact motion as it was adopted last year, and, if not available this evening, the article should be postponed until the 1984 motion was available. 8:53 P.M. Mr. Marshall said that the vote last year was for the appropriation of $56,000 only and did not include a layout. Since that time they do 1 94 have a layout. 8:53 P.M. George A. Burnell moved that, for the purpose of voting only, the motion be divided. The Moderator ruled that, as only a nominal figure was needed for Emerald Street, the motion would be divided for voting purposes. 9:05 P.M. Richard A. Michelson urged support of the Emerald Street acceptance. 9:06 P.M. Sam Silverman wondered what would be the effect on last year's Emerald Street vote if section (a) should be defeated this year. The Moderator stated that money would have been appropriated for a street acceptance but there would not be a layout for said street. 9:07 P.M. In response to a question raised by James E. Barry, Michael J. O'Sullivan voiced the support of the article by the Appropriation Committee. 9:08 P.M. Section (a) was declared adopted by voice vote. 9:12 P.M. Section (b) and appropriation was declared adopted by voice vote. 9:12 P.M. Article 46. TRAFFIC SIGNAL, MASSACHUSETTS AVENUE/ WALTHAM STREET Presented by John F. McLaughlin. (Not MOTION: That the sum of $20,000 be appropriated for improving and adopted) upgrading traffic control signals at the intersection of Massachu- setts Avenue and Waltham Street, and that such amount be raised in the tax levy. 9:13 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended unfavorable action on this article. 9:16 P.M. Daniel L. McCabe said that the Capital Expenditures Committee recommended passage of this article. 9:20 P.M. In response to questions that had been raised, Mr. McLaughlin said that this intersection is not accident prone as it is an intersection and traffic is not proceeding fast. Also, Massachusetts Avenue will be re- surfaced from Woburn Street to Harrington Road. 9:24 P.M. Vicky L. Schwartz was concerned that this light would take the place of a policeman but Mr. McLaughlin said that it would not. 9:27 P.M. After general discussion, a voice vote was taken on Mr. McLaughlin's motion but was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 John W. Maloney 12 2 8 Christina J. Welch 8 3 6 Marian C. Reilly 9 4 7 Katherine G. Fricker 7 5 4 Diran M. Semonian 9 7 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) 48 " Article 46. Standing vote on Article 46 (Cont.) (Cont.) Precinct In Favor Tellers Opposed 6 9 Lisabeth M. White 8 7 4 Graydon M. Wheaton 10 8 9 Florence E. Connor 7 9 10 Deborah B. Green 5 At Large 12 Guy W. Doran 11 .-- Totals 71 86 Main motion, as presented by Mr. McLaughlin, was not adopted. 9:38 P.M. Article 47. TRAFFIC STUDY, SOUTH LEXINGTON Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. 9:38 P.M. Jacqueline B. Davison objected to the postponement and felt that the study should be tackled now. She wanted to know what assurances the town had from the businesses that had donated the money that the survey would be taken. Mr. McLaughlin answered that the town had written assurances from the businesses and added that the Town Counsel, Norman P. Cohen had ruled that the town meeting did not have to appropriate the money that had been donated by these businesses. 9:42 P.M. Robert I. Rotberg also spoke in opposition to the postponement. 9:43 P.M. Mr. McLaughlin's motion to indefinitely postpone Article 47 was adopted by voice vote. 9:45 P.M. Article 48. TRAFFIC SIGNAL, SPRING STREET/MARRETT ROAD Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 9:45 P.M. Article 49. PARKING LOT OPERATION AND MAINTENANCE Presented by Margery M. Battin. (As MOTION: That the sum of $139,000 be appropriated for parking lot adopted) operation and maintenance in the Town, and that such amount be transferred from the Parking Meter Fund. 9:45 P.M. Mrs. Battin explained that this motion included parking meters for the Cary Memorial Library parking lot. This is at the suggestion of the Library Trustees who also recommend that they be one hour meters and free for weekends and evenings. 9:50 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that: the sum of $130,000 be substituted for the requested $139,000. 9:50 P.M. This created much discussion, some feeling that in a free public library, parking should also be free. Selectman Marshall, also a member of the Library Trustees, said that they hesitated about introducing this concept but felt that it was a necessity due to the all day or shopping parking in the library lot. 9:59 P.M. 4 S S (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) Article 49. Michael J. O'Sullivan voiced the support of the Appropriation (Cont.) Committee on this article. 10 P.M. Mr. McCabe's motion to amend was declared lost by voice vote. 10 P.M. (Amend. Sam Silverman moved that: Article 49 be amended by deleting the Lost) figure of $139,000 and substituting therefor the figure of $74,000. 10:02 P.M. Mr. Silverman explained that his amendment was to remove the $75,000 for the Meriam Street parking lot. 10:05 P.M. Frank Sandy spoke in favor of Mr. Silverman's motion to amend but Mrs. Battin spoke in opposition. She stated that no tax money is used for parking expenses and praised the Meriam Street parking lot which had received much favorable comment. 10:10 P.M. Mr. Silverman's motion to amend was declared defeated by voice vote. 10:12 P.M. Main motion, as presented by Mrs. Battin, was declared adopted by voice vote. 10:12 P.M. Ephraim Weiss moved that Article 16 be taken from the table which was adopted by voice vote. 10:13 P.M. Article 16. (See Pages 458, 471. AMEND ZONING BY-LAW Adopted motion: Pg. 521) CONGREGATE LIVING FACILITY Presented by Ephraim Weiss. I MOVE THAT THE FOLLOWING RESOLUTION BE ADOPTED: The 1985 Town Meeting endorses the concept of enabling the use of large old dwellings for CONGREGATE LIVING for the elderly in a ""' single (or double) housekeeping unit. This is intended as a viable housing alternative for those elderly who are capable of self-preservation but through frailty need limited supervision or care, while providing an alternative residential use of large dwellings. Such use conversion should be predicated on restricting physical changes to the dwelling and maintaining compatibility with the character of the neighborhood. Provisions should be included to ensure that such a use is monitored to ensure compliance, and to discourage and protect against uses otherwise not permitted; An article should be prepared for the Town Meeting to provide for re-incorporation of this concept into the Zoning By-Law. 10:14 P.M. After Mr. Weiss gave a short explanation, Iris G. Wheaton stated that she was very upset over this resolution and Elizabeth G. Flemings and Patricia A. Swanson voiced their support. Mrs. Flemings spoke - for the Planning Board's support. 10:28 P.M. Although Fred D. Rosenberg agreed with the resolution, he said that he could not support it as it was putting the town meeting on record on congregate housing. 10:32 P.M. Iris G. Wheaton, requesting the opinion of the Town Counsel, asked if an amendment could be put in regarding a moratorium for one year until it is brought back to town meeting. At her request, the Moderator called a short recess subject to the call of the Chair at 10:35 P.M. The meeting was re-convened at 10:38 P.M. At Mrs. Wheaton's request, Ephraim Weiss moved that Article 16 be tabled, which was adopted by voice vote. 10:40 P.M. (See Page 521) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) 489 Article 50. COMMUTER PARKING LOT Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:40 P.M. Article 51. CONSERVATION LAND PURCHASE Paul W. Marshall moved that Article 51 be postponed to Wednesday, May 8. Adopted by voice vote. 10:41 P.M. (See Pages 502-505 and 530-531) Article 52. TRANSFER OF TOWN OWNED LAND TO CONSERVATION COMMISSION Presented by John C. Eddison. 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 52 on Assessors' Property Map 24. 10:42 P.M. Mr. Eddison that this transfer is for town owned land on Valleyfield Street. 10:43 P.M. Adopted unanimously. 10:43 P.M. Article 53. (See Page 506) Article 54. (See Page 508) Paul W. Marshall moved that Article 55 be taken up out of order at this time. This motion was declared adopted by voice vote. 10:43 P.M. Article 55. MUNROE SCHOOL BUILDING MAINTENANCE Presented by John F. McLaughlin. MOTION: That the sum of $12,000 be appropriated for installing storm windows in Munroe School, and that such amount be raised in the tax levy. 10:44 P.M. Mr. McLaughlin explained that there are 111 windows on three floors plus transoms. This is a town owned building that is leased to tenants and, although this would protect the heating, it is also good building maintenance. He added that we would be protecting our own investment. 10:46 P.M. Responding to a question raised by Winifred L. L. Friedman, Mr. McLaughlin said that the yearly rental received comes to approximately $40,000. 10:47 P.M. Motion, as presented by Mr. McLaughlin, adopted unanimously. 10:47 P.M. 490 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) Paul W. Marshall moved that this meeting be adjourned to Monday, May 6, 1985 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote. 10:48 P.M. A true copy. Attest: rn' Ar V Ir J✓J/1 Mary R. McDonough, Town Clerk 491 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MAY 6, 1985 The Moderator, Lincoln P. Cole, Jr. , called the meeting to order at 8 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. The invocation was offered by Rev. Polly Laughland Guild of the Follen Community Unitarian/Universalist Church. 8:01 P.M. The Moderator called a formal recess at 8:01 P.M. to recognize Senator Richard A. Kraus to make some presentations. Senator Kraus said that this was his third year honoring the National Merit Semi-finalists. This group of twenty-one students from Lexington High School is the largest group out of all high schools in Massachusetts. A citation was presented to each of the students present and a standing ovation was given by the people in attendance. 8:08 P.M. The meeting was re-convened at 8:09 P.M. by the Moderator. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall said that the plan of events, as far as he understood, would first be a motion to reconsider Article 18; if completed before 9 P.M. , financial articles would be taken up and at 9 P.M. a motion to reconsider Article 23 would be offered. Mr. Marshall read the following memorandum to to the meeting: "It is the understanding of the Board of Selectmen that Emerson College will submit an offer to the current owners of Pine Meadows to buy the golf course. We were first made aware of this possibility on April 29, 1985. Subsequently the Chairman of the Board of Selectmen met with the President of Emerson College and the Chairman of their Board F-- of. Trustees. The following informatin was conveyed during this meeting. (1) The Town believes that the Pine Meadows property is an in- appropriate site for a college of this size for many reasons. (2) The Town of Lexington is able to match any bona fide offer submitted for this land and believes it has the legal right under Chapter 61B to do so. (3) The Town is prepared to vigorously defend its rights to purchase this land in court. (4) The Town believes that the final result of any offer made by Emerson will merely increase the cost to Lexington and will not result in Emerson College obtaining the site. In additon, both the Town and Emerson College will incur significant legal costs in this process. It is our intention to submit a motion to authorize the purchase of Pine Meadows under Article 51 to the Town Meeting for consideration on Wednesday. We also intend to continue to seek a finalized Purchase and Sale Agreement with the owners along the lines of our existing agreement. We believe it is unfortunate that Emerson College has chosen r-- to take this action. We encourage them to reconsider." Mr. Marshall said that he and Robert Cataldo had met with the President of Emerson College and the Chairman of the their Board of Trustees. 8:13 P.M. 4[9 2 (ADJOURNED SESSION Or THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) James M. McLaughlin moved reconsideration of Article 18 and asked that Nicholas A. Cannalonga be recognized. 8:15 P.M. (See Pages 434 & 435) Mr. Cannalonga listed the latest revisions in the Kite's End Professional Building as follows: 1. A reduction in the size of the proposed building from 15,800 sq. ft. to 13,800 sq. ft. (2,000 sq. ft. 13% reduction) . 2. Decrease in the number of employees from 51 to 44. 3. Increase in parking spaces from 53 to 58, 5.1 parking spaces per 1000' - usual requirement approximately 3.7. 4. Installation of a 4' stockade fence running 200' along rear lot line to prevent auto headlights from shining thru landscape screening. Mr. Cannalonga said that he had 109 names signed to a petition urging Town Meeting to approve Article 18. 8:18 P.M. Robert I. Rotberg spoke in opposition to reconsideration of Article 18 and said that he would vote against the main motion under Article 18 if it was reconsidered. 8:18 P.M. Jacqueline B. Davison supported reconsideration and she added that she wished to have the opportunity to change her vote of March 27, 1985. 8:20 P.M. Caleb Warner submitted a petition signed by residents in the area opposing reconsideration of Article 18, already defeated at an earlier session of the 1985 Town Meeting, and opposing Article 18 itself if it should again come before the 1985 Lexington Town Meeting. Mr. Warner and Daniel L. Sharp of 352 Concord Avenue spoke in opposition. 8:28 P.M. Also speaking in opposition was H. Adam Sonnenschein of 1 Barberry Road. 8:32 P.M. Francis W. K. Smith, Town Meeting Member, and George W. Forten, 388 Concord Avenue, spoke in favor of reconsideration and rezoning. 8:35 P.M. Mr. McLaughlin's motion to reconsider Article 18 was declared adopted by voice vote. 8:35 P.M. The Moderator stated that the motion made under Article 18 at the March 27, 1985 session of the 1985 Annual Town Meeting was now before the meeting. 8:35 P.M. Article 18. (See Pages 434 & 435) AMEND ZONING BY-LAW WALTHAM STREET, CN, RO To CD (Motion under Article 18 as presented at the March 27, 1985 session of the 1985 Annual Town Meeting as follows: (See Pages 434 & 435) MOTION: That the Town vote to amend the Zoning By-Law by changing (See the district designation from CN (Neighborhood Business) and RO (One Page Family Residential) to CD (Controlled Commercial and Industrial 494 District) of the land located at the southeast corner of Concord Avenue for and Waltham Street shown on a plan entitled "Plan of Land, District, in adopted Lexington, Mass. , scale: 1" = 40' , dated December 21, 1984, by: Miller motion.) & Nylander Co. , 114 Waltham Street, Lexington, Mass." being more particularly bounded and described as follows: WESTERLY by Waltham Street, one hundred ninety-five and 33/100 (195.33) feet; -1 NORTHERLY by a curved line forming the intersection of --- Waltham Street and Concord Avenue, one hundred twelve and 72/100 (112.72) feet; NORTHEASTERLY by Concord Avenue, one hundred sixty-eight and 54/100 (168.54) feet; 6 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) 49e Article 18. (Motion under Article 18 as presented at the March 27, 1985 session (Cont.) of the 1985 Annual Town Meeting as follows: (Cont.) SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or formerly of Coburn Real Estate Trust as shown on said plan by three courses measuring one hundred eleven and 25/100 (111.25) feet, eighty-one and 76/100 (81.76) feet, and sixty-five and 23/100 (65.23) feet respectively; and SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as shown on said plan one hundred eighty-four and 12/100 (184.12) feet. Containing 55,357 square feet of land more or less; all in accord- ance with a preliminary Site Development and Use Plan entitled "Site Development Report for Land at 922 Waltham Street, Article 18, 1985 Annual Town Meeting, March 25, 1985".) Mr. Cannalonga again listed the latest revisions in the Kite's Professional Building (see page 492) and added that if this article is defeated, the land will still be zoned for business. He showed slides of the traffic generated by different scenarios, dimensional standards etc. 8:50 P.M. Planning Board Member, Karsten Sorensen spoke against the article. He felt that there is no need for office space in the town. He is concerned about the impact on the neighbors. This proposal is not supplying a need and it is not acceptable to the neighbors. 8:55 P.M. Judith J. Uhrig, speaking for the four other members of the Planning Board, voiced their support. She said that the proposal has been well done and it will be an improvement over the present situation; this will be for small office space and the town should encourage small office spaces for other parts of town. She urged support. 8:56 P.M. Robert I. Rotberg, speaking in opposition, said that he was concerned about the future of Waltham Street and added that the neighborhood clearly does not want this proposal. Mr. Warner's petition had 122 names in opposition. 8:58 P.M. James E. Barry, also speaking in opposition, asked "Do we need another professional building?" 9:02 P.M. Speaking in support: Ephraim Weiss and Dan H. Fenn, Jr. 9:08 P.M. John F. McLaughlin said that the Board of Selectmen unanimously support Article 18. He added that he feels that this proposal stabilizes the area. 9:15 P.M. Paul Hamburger said that he had voted against this article on March 27, 1985 but feels now that this is a reasonable proposal. 9:16 P.M. Ruth S. Thomas was concerned with the fourth corner at this inter- section. If this proposal is adopted this year, in a couple of years what is to prevent the owner of the fourth corner from r-- coming to town meeting requesting a zoning change. 9:20 P.M. Judith J. Uhrig said that this is a CD rezoning and that the Planning Board recommendation was based on this proposal only and not on the fourth corner. 9:22 P.M. Frank Sandy questioned the filing of a new Site Development Plan with the Town Clerk and, if same had been filed, there should be an amendment to Article 18. 9:25. The above filing had been made on May 3, 1985 with the Town Clerk. The Moderator called a recess at 9:39 P.M. and reconvened the meeting at 9:35 P.M. 494 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) Article 18. James M. McLaughlin moved that the motion be amended by adding at the (Cont.) end of the last sentence after the words "March 25, 1985" the words "as amended to and including April 1, 1985, and filed with the Town Clerk on May 3, 1985." Amendment adopted by voice vote. 9:37 P.M. Main motion as presented on March 27, 1985 by James M. McLaughlin, and amended by Mr. McLaughlin this evening, now reads: (As MOTION: That the Town vote to amend the Zoning By-Law by changing adopted) the district designation from CN (Neighborhood Business) and RO (One Family Residential) to CD (Controlled Commercial and Industrial (Approved Districts) of the land located at the southeast corner of Concord by Atty. Avenue and Waltham Street shown on a plan entitled "Plan of Land, General, District, in Lexington, Mass. , scale: 1" = 40' , dated December 21, Aug. 19, 1984, by: Miller & Nylander Co. , 114 Waltham Street, Lexington, 1985. Mass." being more particularly bounded and described as follows: Posted in Town WESTERLY by Waltham Street, one hundred ninety-five and Office 33/100 (195.33) feet; Building & nine NORTHERLY by a curved line forming the intersection of Waltham precincts Street and Concord Avenue, one hundred twelve and on Sept. 72/100 (112.72) feet; 12, 1985) NORTHEASTERLY by Concord Avenue, one hundred sixty-eight and 54/100 (168.54) feet; SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or formerly of Coburn Real Estate Trust as shown on said plan by three courses measuring one hundred eleven and 25/100 (111.25) feet, eighty-one and 76/100 (81.76) feet, and sixty-five and 23/100 (65.23) feet respec- tively; and SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as shown on said plan one hundred eighty-four and 12/100 (184.12) feet. Containing 55,357 square feet of land more or less; all in accord- ance with a preliminary Site Development and Use Plan entitled "Site Development Report for Land at 922 Waltham Street, Article 18, 1985 Annual Town Meeting, March 25, 1985 as amended to and including April 1, 1985, and filed with the Town Clerk on May 3, 1985. The Moderator called for a standing vote on the main motion as amended with results as follows: Precinct In Favor Tellers Opposed 1 18 John W. Maloney 2 2 11 Christina J. Welch 2 3 12 Marian C. Reilly 7 4 12 Katherine G. Fricker 2 5 13 Diran M. Semonian 5 6 13 Elizabeth C. Haines 3 7 12 Graydon M. Wheaton 3 8 13 Florence E. Connor 4 9 12 Deborah B. Green 5 At Large 23 John R. Campbell 1 Totals 139 34 More than the required two-thirds having voted in favor, the main motion as amended was declared adopted. 9:40 P.M. (At the March 27, 1985 session of the 1985 Annual Town Meeting, Judith J. Uhrig moved that the Report of the Planning Board on Article 18 be accepted and placed on file. This motion was adopted unanimously. 10:05 P.M. -- See Page 435.) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) 05 Paul W. Marshall moved reconsideration of Article 23. 9:40 P.M. Mr. Marshall urged passage of the motion to reconsider Article 23. He said there were changes but that he would not go into them until after the motion to reconsider was adopted. 9:42 P.M. Motion to reconsider Article 23 was declared adopted by voice vote. (See Pages 460 - 467) Article 23. FRANKLIN SCHOOL Motion under Article 23 as presented by the April 10, 1985 session of the 1985 Annual. Town Meeting as follows: (See Page 460) (As MOTION: That the Selectmen be and they hereby are authorized to adopted) convey the Franklin School property on Stedman Road, consisting of the building and land immediately adjoining, but not including the recreation area, to Greater Boston Community Development Inc. for the purchase price of $390,000 and on such other terms as the Selectmen shall determine. Mr. Paul W. Marshall asked that the following from Greater Boston Community Development, Inc. be recognized. 9:47 P.M. Patrick Clancy, Executive Director, gave an overview of GBCD and some of the changes. He said that GBCD was a non-profit development corporation serving the public with low and affordable housing. He summarized their record of 300 units that had been built since 1967. 9:55 P.M. Lisa Alberghini, Housing Development Specialist, spoke in regards to the resident selection. She said that the town would take over ownership control after the development is completed. From year seven, ownership will be locally controlled. GBCD has met with representatives of the Lexington Housing Authority to confirm its commitment to rent the ten low-income units through the Housing Authority. GBCD has agreed that the Housing Authority will identify applicants from its waiting list for the low-income units, both at initial rent up and as any vacancies occur in those units. 10 P.M. Richard J. Cerrato, 34 Allen Street, a 15 year Lexington resident, said that he is not opposed to affordable housing and would support the proposal if the town had ownership and had complete control. He urged defeat of the article. 10:02 P.M. Graydon M. Wheaton asked what "ownership control" meant. 10:05 P.M. Paul W. Marshall explained that ownership will be in a general partnership which will be a corporation with a Board of Directors. After year seven, the Board of Selectmen will appoint three directors of the corporation. Control will be in Lexington hands and the town will be in total control. 10:06 P.M. Richard A. Michelson said that he had voted against the article because of the financial aspect. He hoped that the town would have control or ownership of this property. 10:10 P.M. Philip K. Cooper, 12 Scott Road, spoke in opposition. 10:13 P.M. Joy C. Buchfirer asked that the vote on Article 23, when taken, be taken by a roll call vote. More than the required fifty members stood in favor, so the Moderator declared that the vote on Article 23 would be taken by the call of the roll. 10:15 P.M. Pastor of the Assemblies of God, Rev. Harvey Meppelink of 5 Patterson Road, the present tenant of the Franklin School, reaffirmed his offer of $750,000 for the school and said that he would be willing to raise the offer. He asked that the meeting vote no on this article. 10:22 P.M. 496 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) Article 23. Sandra J. Shaw spoke in support of the article and praised GBCD, saying (Cont.) that they are noted for their ability to work with various communities. 10:25 P.M. Also speaking in favor was Walter N. Leutz. 10:28 P.M. Speaking in opposition: Robert C. Whyte, 11 Allen Street; June D. Hatfield, 101 Blossomcrest Road; Patricia A. Swanson who said that the town should retain ownership and should not sell another town building. 10:40 P.M. Peter C. J. Kelley apologized for having voted against the Franklin School conveyance at the last meeting, but he said that, in good conscience, he couldn't have done anything different. He said that he was very much in favor of affordable housing, which must be understandable as he and Richard F. Perry are asking for a zoning change for affordable rental housing under Article 21. He also said that he would like LEXHAB to be more involved. 10:42 P.M. Louise Elving, Director of Development for GBCD, answered many of the questions that had been raised. She said that the real estate taxes would be approximately $50,000 per year and, if the taxes were less, the rents would be reduced accordingly. 10:55 P.M. Richard Neumeier, 2 Pitcairn Place, voiced his concern about what the town was going to get and how much it was going to cost. He felt that what the town was giving up was very substantial and added that this was not a good proposal and should be rejected. 10:56 P.M. Marshall J. Derby, urging support, said that you make a deal when you can. Who knows what next year will bring. 10:58 P.M. Albert P. Zabin said that if the land was sold to the church, it would be tax exempt and he also said that he was not sure that local control was the best idea. 11:03 P.M. Jean Gaudet, speaking as a Town Meeting Member and a neighbor, not as a member of LEXHAB, urged defeat of this article. She said there should be continued ownership and complete control by the town. 11:06 P.M. Eleanor H. Klauminzer said that two of the obstacles of affordable housing in Lexington are location and lack of funds. She felt that the Franklin School location was a good one and that the revised proposal was very good, adding that the time to act is now and urged support. 11:13 P.M. Michael J. O'Sullivan, Chairman of the Appropriation Committee, said that the Appropriation Committee had no official recommendation on this article as no money was to be appropriated but they do feel that this article is unfavorable to the town. He said that a vote against Article 23 should not be construed as a vote against affordable housing. 11:15 P.M. Dan H. Fenn, Jr. said that he thought that GBCD was responsive to the concerns of the tenants. 11:18 P.M. James E. Barry moved the previous question. 11:18 P.M. Margaret F. Rawls raised a point of order. She asked if the revised proposal had been filed with the Town Clerk. Lisa Alberghini of GBCD said that it had not but that it would be filed at this time. 11:20 P.M. Lisa Alberghini of GBCD filed "Modifications to the Sale Development & Use Plan for Franklin School" with the Town Clerk. 11:22 P.M. Previous question, as moved by James E. Barry, was declared adopted by voice vote. 11:23 P.M. Paul W. Marshall said that there is a need for low and moderate housing in this town and that they will hold GBCD to their commit- ment. 11:25 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) 4 9)7 Article 23. The roll call vote on the main motion as presented by Paul W. (Cont.) Marshall at the April 10, 1985 session of the 1985 Annual Town Meeting was taken by the Town Clerk, Mary R. McDonough, starting at 11:25 P.M. and completed at 11:36 P.M. The final tally was completed at 11:40 P.M. with the following results: (Final result announced by the Moderator at 11:40 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x Nancy L. Barter x Sheila Busa-Tassone x James Cataldo x James A. Cataldo x Chang Chih Chao x David F. Eagle x Nancy C. Gordon x Frederick H. Hagedorn x Patricia K. Hagedorn x Paul Levy x Ronald Levy x John W. Maloney x Barry E. Sampson x Edward P. Shannon x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 8 13 0 0 PRECINCT TWO Elizabeth H. Clarke x Eric T. Clarke x Karen Dooks x Leonora K. Feeney x Casimir R. Groblewski x Marita B. Hartshorn x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x Elizabeth H. Pressman x Vicky L. Schwartz x Arthur C. Smith x John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson _ x TOTALS 12 8 0 1 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (CONT.) (Cont.) PRECINCT THREE (Cont.) YES NO ABSTAINED ABSENT Gloria V. Holland, x Donna M. Hooper x Marjorie K. Madoff x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x Paul V. Riff in x Robert I. Rotberg x Francis W. K. Smith x Jacquelyn R. Smith x Richard W. Souza x Katherine M. Whyte TOTALS 13 7 0 1 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Donald R. Giller x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Daniel L. McCabe x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 19 1 0 1 PRECINCT FIVE Florence A. Baturin x Cynthia L. Blumsack x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William F. Fraser x Paul E. Hamburger x John Hayward x Leona W. Martin x Stephen W. Miller x Paul Newman x Diran M. Semonian x Sam Silverman x Edgar R. Stuhr x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss x David G. Williams x TOTALS 14 7 0 0 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) 499 Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (Cont.) (Cont.) PRECINCT SIX YES NO ABSTAINED ABSENT Margaret N. Brooke x Levi G. Burnell x Shepard Anthony Clough x George E. Foote x Thomas E. Fortmann x Edmund C. Grant x Elizabeth C. Haines x i Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x Lisabeth M. White x John S. Willson x TOTALS 16 2 0 3 PRECINCT SEVEN Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x ._ John R. Campbell x Sally T. Castleman x Renee T. Cochin x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Marvin H. Greenberg x Marthur H. Kalil x Walter N. Leutz x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x Iris G. Wheaton x Robert V. Whitman x Richard B. Wolk x Martha C. Wood x TOTALS 12 5 0 4 PRECINCT EIGHT Donald L. Bailey x Richard H. Battin x Roger F. Borghesani x Florence E. Connor x William P. Fitzgerald x Elizabeth G. Flemings x Suzanne S. Frank x Ione D. Garing x Benjamin H. Golini x William E. Maloney, Jr. x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x 500 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (Cont.) (Cont.) PRECINCT EIGHT (Cont.) YESNO ABSTAINED ABSENT Susan G. Plumb x Jack Sarmanian x Sheldon A. Spector x Carolyn H. Tiffany x Stanley E. Toye x Christopher B. Williamsx -. TOTALS 12 7 0 2 J PRECINCT NINE Alice J. Adler x Kenneth 0. Alves x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Louis E. Conrad x Margaret E. Coppe x Anna P. Currin x Neil Gray x Deborah B. Green x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Leo P. McSweeney x Janet Perry x Richard M. Perry x Susan J. Ricci x ' Fred D. Rosenberg x James J. Scanlon __ x TOTALS 12 6 0 3 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Norman P. Cohen x Lincoln P. Cole, Jr. x William J. Dailey, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x John F. McLaughlinx TOTALS 4 3 1 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YESNO ABSTAINED ABSENT TOTALS --s 1 8 13 0 0 21 2 12 8 0 1 21 r... 3 13 7 0 1 21 4 19 1 0 1 21 5 14 7 0 0 21 6 16 2 0 3 21 7 12 5 0 4 21 8 12 7 0 2 21 9 12 6 0 3 21 At Large 4 3 11 9 TOTALS 122 59 1 16 198 As more than the required two-thirds voted in favor, the Moderator declared that the main motion under Article 23 was adopted. 11:40 P.M. 5044 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING -- MAY 6, 1985) Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 8, 1985 at 8 P.M. in Cary Memorial Hall. 11:40 P.M. Peter C. J. Kelley informed the meetingthat on Monday, May 13, 1985, he would move to take Article 21 (Amend Zoning By-Law Woburn Street, RO to RD) from the table. 11:40 P.M. Motion to adjourn this session of the 1985 Annual Town Meeting to Wednesday, May 8, 1985 at 8 P.M. in Cary Memorial Hall was declared adopted at 11:40 P.M. A true copy. Attest: A,p„444, Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MAY 8, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 177 Town Meeting Members present. Invocation was offered by Rev. Helen Lutton Cohen, First Parish Church, Unitarian. 8:02 P.M. The Moderator called a formal recess to honor a high school student who was not present at the Patriots Day festivities to receive an award. 8:05 P.M. 1 William J. Dailey, Jr. , Selectman, presented the 1985 Youth Recognition Award to Rachel Cohen, an honor student at the Lexington High School. Miss Cohen is on the Debating Team and in the Lexington High School Band. One of her sponsors said that she adds quality to the lives of others. Mr. Dailey said that the other two award winners, who had received their awards on Patriots Day, were Chris Vellis and Kristin O'Sullivan. 8:07 P.M. The award ceremony was preceded by the "Spirit of '76" (Kevin McLaughlin, Drummer; Peter Cohen, Drummer; Kristin Kean, Fifer) marching through the hall. The meeting was reconvened at 8:09 P.M. Ephraim Weiss moved reconsideration of Article 6. 8:09 P.M. Dan H. Fenn, Jr. spoke in opposition to reconsideration of Article 6 and said that he hoped that Mr. Weiss would withdraw his motion. 8:12 P.M. Ephraim Weiss asked that his serving of notice to reconsider Article 6 (at the March 25th session of this meeting - see pages 421 & 422) be considered as with- drawn, and as there were no objections from the meeting, it is withdrawn. 8:13 P.M. Karsten Sorensen moved that Article 17 be taken up at this time. 8:13 P.M. Adopted by voice vote. 8:13 P.M. (See Pages 434 & 459) Article 17. AMEND ZONING BY-LAW TABLE 1 - HEALTH HAZARDS Karsten Sorensen moved that this article be indefinitely postponed. Adopted by voice vote. 8:14 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, gave the game plan for the evening. The first article to be taken up would be Article 51. After that would be Articles 53, 54 and then on to the rest of the financial articles. That would leave Articles 59, 21 and 8 for next Monday. 8:16 P.M. Article 51. * CONSERVATION LAND PURCHASE MOTION: (a) That the Conservation Commission be authorized to (As purchase or otherwise acquire, and the Selectmen be authorized to adopted) take by eminent domain, upon the written request of the Conserva- (See tion Commission, for conservation purposes including outdoor adopted recreation as provided by Section 8C of Chapter 40 of the General subst. Laws, as amended, any fee, easement or conservation restriction as motion - defined in Section 31 of Chapter 184 of the General Laws, or other Page interest in all or any part of land shown as Lot 68 on Assessors' 531) Property Map 66; (*Presented by Paul W. Marshall) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 8, 1985) 503 4.14,41V: ii=i =�= Article 51. (b) That the Selectmen be authorized to purchase, take by eminent (Cont.) domain or otherwise acquire for golf course, recreation, conservation, and other municipal purposes, any fee, easement or other interest in all or any part of land shown as Lots 63 and 64 on Assessors' Property Map 66; (c) That $2,855,000 be appropriated for such land acquisition and that to raise such amount the Treasurer with the approval of the (As Selectmen be authorized to borrow $2,855,000 under G.L. c. 44, adopted s.7(3) , as amended; •-- May 8, '85. (d) That the Selectmen be authorized to apply for, accept, expend and Amended borrow in anticipation of federal and state aid that may be available motion for the project; May 29, 1985. (e) That the care, custody, management and control of the See Meagherville school site, so-called, be transferred from the School Page Department to the Selectmen effective July 1, 1985; and 531.) (f) That the Selectmen be and they hereby are authorized to convey by sale or lease or otherwise a portion of the land, not exceeding twenty-five acres, contiguous to the land acquired hereunder for golf course purposes, including the Meagherville school site, so- called, to a developer or developers for housing or recreation purposes for a price of not less than $1,500,000 and on such terms as the Selectmen shall determine, provided that the amount of borrowing hereunder shall be reduced by the proceeds actually received from the sale or lease of such land. 8:18 P.M. Moderator, Lincoln P. Cole, Jr. said that he would not preside, speak, or vote on Article 51 because of a possible conflict of interest. He appointed Norman P. Cohen, Town Counsel to act as Moderator in his place. 8:19 P.M. Arthur C. Smith served notice of reconsideration of Article 17. 8:20 P.M. Article 51. Paul W. Marshall showed slides and described the area in question. (Cont.) One of the slides showed the Land Purchase $2,825,000 Design Consultant 30,000 Total $2,855,000 Mr. Marshall summarized events that had brought us to this point tonight. 8:32 P.M. Selectman John C. Eddison discussed the financing and listed the following alternatives for financing: 1. Use of Debt 2. Sale of land a. under existing zoning b under a rezoning 3. State or Federal reimbursement 4. Operation as a golf course Mr. Eddison said that if the decision is to finance by b.onding, _which they are not committed to at this time, it would probably be for ten years. Bonding $1,000,000 for ten years, based on an estimated interest rate of 8.5%, would cost approximately $1,467,500. He gave a sequence of future events: This town meeting to authorize - a. purchase and agreement price; b. bond entire amount; c. Selectmen to sell some portion of school site and some portion of non-golf course land. If article is passed at town meeting: a. borrow short term (1 year) to pay owners; b. establish development committee and retain design consultant; c. establish golf course lease committee. A special town meeting would be called for the fall to consider two development options, one requiring rezoning. Design consultant to present information illustrating design alternatives. The Selectmen would seek a development consistent with town meeting choice and the land sale would be completed by June 30, 1986. The total long term debt would be $1 to 1.5 million. 8:46 P.M. Vs, ►4 X04 (ADJOTANtO SDSSION Or TIM 1985 ANNUAL TOWN MrETIZ - MAY 8, 1985) Article 51. Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved (Cont.) that the following report be accepted and placed on file: "The Appropriation Committee unanimously recommends favorable action on the purchase of the Pine Meadows golf course and that the Selectmen be authorized to borrow the said purchase price. In addition, we approve the authorization for the Selectmen to sell a portion of the lands mentioned in this article, provided that the amount of borrowing shall be reduced by the proceeds received from their sale. The reason for this recommendation is fourfold: 1. There has been a hiatus over the past years of significant conservation land purchases in the Town. We need not reiterate that once land is developed - it cannot be un- developed. 2. Land values in Lexington are escalating at a rate that diminish the effectiveness of any dollar amount. It will only be costlier in the outyears. 3. Interest rates in the bond market are presently favorable and this window of opportunity should be seized utilizing Lexington's excellent credit rating. 4. The arrangement whereby some land in the area is sold to defray part of the cost of the short term bond for the entire, larger area, is a classic example of fiscal responsibility. This removes the fiscal tension between operating budgets requests and debt service obligations in the outyears' budgets. In conclusion, in light of recent events with Emerson College, we urge the Selectmen to pursue a finalized Purchase and Sales Agree- ment with the owners as they have reported to us tonight. We further urge the Town to vigorously defend its rights to purchase this land, even in court; and that the Appropriation Committee is prepared to support this endeavor to the fullest measure necessary. We hope that the officials of Emerson College are listening to this message: that our Selectmen have the complete support of this fin- ancial board in this matter and urge the Town Meeting to do like- wise. LEXINGTON SHALL NOT BE DENIED THE USE OF ITS OWN LAND." Adopted unanimously. 8:49 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said that his committee opposed the purchase of the golf course at the 1984 Town Meeting due to the terms not being favorable for the Lexington taxpayers. They whole hearedly support the purchase of the course. They feel that a bond, within the 2i levy, is a favorable way to pay for the remaining portion of the purchase price. 8:50 P.M. Paul Newman, Chairman of the School Committee voiced the unanimous support of his committee on this article as did Jacquelyn R. Smith, Chairman of the Planning Board, for her committee. 8:55 P.M. John F. McLaughlin, who opposed this article last year, endorsed the purchase this year and urged support. 8:57 P.M. James E. Barry supported the Selectmen on this proposal after which McLaughlin moved the previous question, which was declared adopted by voice vote. 8:58 P.M. As the voice vote on the main motion as presented by Mr. Marshall was not unanimous, the Moderator asked for a standing vote with the following results: Precinct In Favor Tellers Opposed 1 16 John W. Maloney 1 2 15 Christina J. Welch 0 3 13 Marian C. Reilly 0 4 14 Katherine G. Fricker 0 5 16 Diran M. Semonian 0 6 14 John S. Willson 0 7 14 Graydon M. Wheaton 0 :.x ;atilt 4. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 8, 1985) !' = � � 505 Article 51. Standing vote on main motion under Article 51. (Cont.) Precinct In Favor Tellers Opposed 8 17 Florence E. Connor 0 9 17 Deborah B. Green 0 At Large 24 John R. Campbell 0 Totals 160 1 More than the required two-thirds having voted in favor, the main motion as presented by Paul W. Marshall was declared adopted. 9:02 P.M. Paul W. Marshall served notice of reconsideration of Article 51. 9:03 P.M. (See Page 531.) Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Judith B. Marshall, a member of the Recreation Committee, moved that the report of the Recreation Committee be accepted and placed on file. 9:03 P.M. (An excerpt from the report follows: ". . . .and, we have the completed report of the Lincoln field area which was done by Haley and Aldrich, Incorporated on file both at Cary Library and the Recreation Office. A summary of this report is on the back table this evening. A full technical presentation was given by Haley and Aldrich to the Recreation Committee, and I would like to summarize their findings. Haley and Aldrich was asked to address the following issues - 1. Design of improvements to playfields, parking areas, and roads to accommodate continuing landfill settlements. 2. Design for combustible gas generated by the landfill. 3. Evaluation of possible contamination of surface soils by hazardous materials. In addition to assembling history of the site, 29 test pits and 6 test borings were done. Monitoring was done for groundwater and combustible gas. Surface soil was tested for possible contamination. The results of the tests showed that combustible gas does exist but is not a problem for recreational use of the land, and the surface soil is not contaminated by hazardous materials. Two approaches for improving the area were considered - regrading and/or surcharging. Haley and Aldrich recommended regrading. Based on this report, the Recreation Committee is bringing to this Town Meeting a request for funding the first phase of this project." Adopted by voice vote. 9:06 P.M. Carolyn C. Wilson, Chairman of the Recreation Committee, moved that the following report be accepted and placed on file: 9:06 P.M. "As chairman of the Recreation Committee, I would like to briefly comment on Article 53 and Article 54. This year, your Recreation Committee is bringing before you two capital articles - the long standing request for lighted fields and an equally long standing need to improve the Lincoln Street Recrea- tional area. In our opinion, these proposals are of equal value to Lexington recreation, and we have received strong support for both from many citizens. Therefore, we have chosen to present our articles without priorities - feeling that it is only fair that Town Meeting be allowed to discuss both articles without pre-determined choices. Town Meeting should have the opportunity to reach its own decisions on these two very important questions." Adopted unanimously. 9:07 P.M. 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 8, 1985) 506 Article 52. TRANSFER OF TOWN OWNED LAND TO CONSERVATION COMMISSION (See Page 489) Article 53. PURCHASE AND CONSTRUCTION OF LIGHTING FOR CENTER #2 SOFTBALL FIELD Presented by Sam V. Nablo. (As MOTION: That the sum of $73,000 be appropriated to develop Phase I adopted) of a ball field lighting program for the Center Playground as deter- mined by the Recreation Committee with the approval of the Selectmen, and that such amount be raised in the tax levy. 9:08 P.M. Mr. Nablo gave a lengthy explantion of his motion with the aid of slides. He said the cost of Phase I would be $72,760 and urged support. 9:34 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said that his committee does not favor the lighting this year. They would like to have it brought back next year and hopefully they would be able to support the complete project at that time. He urged defeat of this article. 9:35 P.M. In answer to questions raised by Alan J. Lazarus, Mr. Nablo said that the curfew was 10 P.M. This would allow two softball games or one normal baseball game in an evening. Over a six month period, the field would be used for approximately 400 hours. 9:37 P.M. Selectman William J. Dailey, Jr. said that a majority of the Board of Selectmen do not favor this article as it would bring the figures over the levy limit. 9:40 P.M. Michael J. O'Sullivan moved that the report of the Appropriation Committee be accepted and placed on file. He said that the committee recommended unfavorable action on both Articles 53 and 54. Motion to accept and place on file adopted unanimously. 9:43 P.M. Gerald L. Abegg spoke in opposition and James E. Barry spoke in favor. 9:46 P.M. Moderator Lincoln P. Cole, Jr. stepped down from the podium, appointing Town Counsel, Norman P. Cohen as Temporary Moderator, and he spoke in favor of the main motion. 9:47 P.M. Sam V. Nablo, in response to a question raised by Renee T. Cochin, said that the ball fields are used by a wide spectrum of this community as well as teams from the various businesses. Joan Halverson, Recreation Director, expanded on the list of users. 9:53 P.M. Sheldon A. Spector asked how many of the groups had requested that the lights be installed and Mr. Nablo answered that the Recreation Committee did not put this article in the warrant on the basis of the number of requests. 9:55 P.M. Margaret N. Brooke, speaking for the spectators who enjoyed watching the games, urged support. 9:58 P.M. Paul E. Hamburger asked where we are now regarding the budget. Town 1 Manager, Robert M. Hutchinson, Jr. answered that 1.1 million is to be taken from free cash. That is where we stand now and he does not recommend adjusting free cash. 10 P.M. James M. McLaughlin spoke in favor and added that he wanted to publicly thank the Rotary Club for donating the money to upgrade the fields at the Minuteman Regional Vocational Technical School. 10:03 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 8, 1985) •• _:•s'. 507 Article 53. Mr. Hamburger wanted to know the impact of the one year bonding by (Cont.) adopting Article 51. Mr. Hutchinson said that the tax rate that had been estimated does include the short term borrowing for the golf course and the Lincoln Street article but does not include the lighting. 10:04 P.M. Jack Sarmanian spoke in support and Alan J. Lazarus and John Hayward spoke in opposition. 10:09 P.M. Margaret F. Rawls said that she would like to be able to support both articles (53 & 54) but would not like to jeopardize the West and Chiesa conservation land. 10:10 P.M. Mr. Nablo said that lighting techniques had improved over the last few years. There is aimed lighting and there should not be any spill- overs on the adjoining roads or properties. 10:12 P.M. Angela E. Frick, a member of the Conservation Commission, said that she hadn't intended to speak at this time but, as Mrs. Rawls had raised the question regarding the conservation lands, she felt that the meeting should be informed. The Selectmen have voted to hold a special town meeting on Wednesday, May 29, 1985 for the purchase of the West land on Oak Street and the Chiesa land on Adams Street. The town has agreements with both the West family and Chiesa and she said the question is how these purchases, which will be over $2,000,000, will be financed. 10:19 P.M. Paul W. Marshall confirmed the date of the special town meeting and said that there would be three articles on the warrant - one for committee reports and the other two for the conservation purchases. He said that the Annual Town Meeting would not be dissolved until after the May 29th meeting. 10:21 P.M. Elaine Dratch asked if there would be any time reserved for the young people who will not pay fees. Mr. Nablo said that they had ® established priorities. School athletic programs would receive top priority and a system would have to be worked out with the school committee. Everyone using the facility would have to pay a fee. 10:28 P.M. Leo P. McSweeney, a member of the Recreation Committe, spoke in favor and added that the recreation programs bring in between 80 and 90 thousand dollars per year. 10:32 P.M. John W. Maloney moved the previous question which was declared adopted by voice vote. 10:34 P.M. Mr. Nablo summarized. 10:37 P.M. Voice vote on the main motion was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 John W. Maloney 3 2 9 Christina J. Welch 6 3 7 Marian C. Reilly 3 4 5 Katherine G. Fricker 9 5 8 Diran M. Semonian 11 6 15 John S. Willson 0 7 4 Graydon M. Wheaton 12 8 9 Florence E. Connor 9 9 9 Deborah B. Green 9 At Large 6 John R. Campbell 19 Totals 86 81 Main motion, as presented by Sam V. Nablo, was declared adopted. 10:40 P.M. Michael J. O'Sullivan served notice of reconsideration of Article 53. 10:40 P.M. _ (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 8, 1985) 508 Article 54. DEVELOPMENT OF LINCOLN STREET RECREATION AREA Presented by Carolyn C. Wilson. (As adopted) MOTION: That the sum of $150,000 be appropriated to develop Phase I of the Lincoln Street Recreation Area as determined by the Recreation Committee with the approval of the Selectmen, and that such amount be raised in the tax levy. 10:40 P.M. Mrs. Wilson gave a short explanation of the article. 10:46 P.M. Paul Newman, Chairman of the School Committee, voiced the enthu- siastic support of his committee as did Paul W. Marshall for the Board of Selectmen. Mr. Marshall added that the Selectmen have included this item in the financial figures for this year. 10:47 P.M. Jacquelyn H. Ward voiced the support of the Capital Expenditures Committee and Michael J. O'Sullivan said that the Appropriation Committee recommended unfavorable action on this article, and, if passed, he would serve notice of reconsideration. 10:48 P.M. Graydon M. Wheaton asked how much money would we be asked for in the future and Carolyn C. Wilson answered $400,000. 10:50 P.M. Ephraim Weiss asked "What is the whole package?" Mrs. Wilson answered that the meeting is not being asked to appropriate the whole package at this time as they have it on a six year plan - $75,000 per field. 10:51 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 10:52 P.M. Main motion as presented by Carolyn C. Wilson was declared adopted by voice vote. 10:52 P.M. Michael J. O'Sullivan served notice of reconsideration of Article 54. 10:55 P.M. Article 56. WESTVIEW CEMETERY DEVELOPMENT Presented by Paul W. Marshall. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:54 P.M. Paul W. Marshall moved that this meeting be adjourned to Monday, May 13, 1985 at 8 P.M. in Cary Memorial Hall. 10:54 P.M. Frank Sandy wondered if the notice of reconsideration of Article 51 would affect the financing in the purchase and sale agreement that would be completed the week of May 13, 1985 and Mr. Marshall said that it would not. Town Counsel, Norman P. Cohen said that Mr. Marshall was correct as was Gerald L. Abegg who said that everything was pending until the final dissolution of the meeting. 10:56 P.M. - Motion to adjourn to Monday, May 13, 1985 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:56 P.M. A true copy. Attest: Rvik f'‘ A c-16, -114. ary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING ` HELD MAY 13, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 183 Town Meeting Members present. The invocation was offered by Dr. George Gurganus of the Lexington Church of Christ. 8:02 P.M. [li Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Carolyn C. Wilson, Chairman of the Recreation Committee, moved that the following report be accepted and placed on file. "On the back table tonight, you will find the Recreation Committee's latest project - a gift catalogue. The Committee is always searching for ways to improve our town's recreational programs and facilities. Our dedicated Recreation Director, Joan Halverson, does an excellent job but often lacks funds for new programs and equipment. Other cities and towns have successfully used a gift catalogue (or wish book) as a means to encourage donations from citizens and businesses. Even without a catalogue, our town receives many gifts - for example, the bandstand, donated by the Rotary Club - sod for the football field given by the Lions Club - playground equipment and a new awning to provide shade at the wading pool, given by the Pre-school PTA - and special needs scholarships provided by the American Legion. The most recent gift is a flagpole to be dedicated early in June purchased with donations to a memorial fund in the memory of Denish Rajbhandary. To promote our catalogue, we are planning to have a fall recrea- tion celebration or kick-off inviting the business community, service organizations, PTA officers, athletic league officers, interested citizens, and, of course, Town Meeting Members. At that time, we will offer information on our programs and facilities, announce any gifts received over the summer and make an appeal for additional contributions." Adopted unanimously. 8:04 P.M. Jacquelyn R. Smith moved that the 1985 Report on: Subsidized Housing (1979 Town Meeting Resolution) and Affordable Housing be accepted and placed on file. 8:05 P.M. Mrs. Smith gave a short explanation of the report and said that she also filed "Socio-Economic Characteristics of Lexington - Volume 1: HOUSING". 8:07 P.M. Motion to accept the report filed by Mrs. Smith adopted unanimously. 8:07 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, gave the game plan as follows: first order of business would be a motion to take Article 21 off the table and then act on the article; then there would be a motion to reconsider Article 7; a motion to take Article 16 from the table; act on the financial articles (57, 58, 59, 60) ; a motion to table Article 61 until after the Special Town Meeting of May 29, 1985; hopes that Article 8 could be finished tonight or Wednesday and then the meeting would adjourn to Wednesday, May 29, 1985. 8:09 P.M. 51_() (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) Peter C. J. Kelley moved that Article 21 be taken off the table. (See Page 459) Adopted unanimously. 8:09 P.M. Article 21. AMEND ZONING BY-LAW WOBURN STREET, RO TO RD (Notification received that Peter C. J. Kelley, Janet Perry, Richard F. Perry and Richard M. Perry would abstain from voting on Article 21.) Presented by Peter C. J. Kelley. MOTION: That the Zoning By-Law be amended by changing the district designation of land off Woburn Street from RO, One Family Dwelling District, to RD, Planned Residential Development District, said land being bounded and described as set forth in the article as published in the warrant for this Town Meeting, in accordance with a preliminary site development and use plan dated May 8, 1985 on file with the Town Clerk. 8:10 P.M. (Motion with description as set forth in the article as published in the warrant for this Town Meeting: MOTION: That the Zoning By-Law be amended by changing the district designation of land off Woburn Street from RO, One Family Dwelling District, to RD, Planned Residential Development District, said land being bounded and described as follows: (As adopted) Parcel 1 That certain parcel of land situated in Lexington in the County of (Approved Middlesex and said Commonwealth, bounded and described as follows: by Atty. General, NORTHERLY by the Southerly line of Woburn Street, two hundred Aug. 19, twelve and 18/100 (212.18) feet; 1985. Posted in EASTERLY four hundred seventy-six and 68/100 (476.68) feet; Town �—• Office NORTHERLY two hundred and thirty-eight (238) feet, by Lot A3 as Building shown on plan hereinafter mentioned; & nine precincts NORTHEASTERLY three hundred thirty-six and 75/100 (336.75) feet; on Sept. 12, 1985.) SOUTHERLY one hundred sixty and 56/100 (160.56) feet; EASTERLY nine and 54/100 (9.54) feet; and SOUTHERLY eight hundred thirteen and 53/100 (813.53) feet, by land now or formerly of Winning Home Farm Inc. ; WESTERLY by land now or formerly of Howard M. Munroe, three hundred eighty-eight and 48/100 (388.48) feet; and NORTHERLY by land now or formerly of Elmina Munroe, three hundred twenty-one and 32/100 (321.32) feet. Said parcel is shown as Lot A4 on said plan, (Plan No. 13923G) . All of said boundaries are determined by the Court to be located as shown on a subdivision plan, as approved by the Court, filed in the Land Registration Office, a copy of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Reg- istration Book 439, Page 541, with Certificate 65871. Parcel II A certain strip of land on the Southerly side of Woburn Street in Lexington, Massachusetts shown on Plan 13923A filed in the Land Registration Office at the Land Court in Boston on December 11, 1929 and entitled "PLAN OF LAND IN LEXINGTON AND WOBURN" being further bounded and described as follows: (ADJOMEb SESSION OF THE 19$5 ANNUAL TOWN MEETING - MAY 13, 19$5) -3 Article 21. Commencing at a point on the Southerly side of said Woburn Street (Cont.) which is located 1.63 feet west of a Massachusetts Highway Bound, which Massachusetts Highway Bound is itself located Three hundred Ninety-four and 18/100 (394.18) feet westerly from the intersection of the Woburn - Lexington boundary line with the southerly side- line of said Lexington Street, the line runs Westerly by the said southerly sideline of Woburn Street, three hundred five (305) (As feet more or less to the intersection of said Woburn Street with a adopted) stone wall as shown on said plan; thence the line runs Southwesterly by said stone wall as shown on said plan Ten (10) feet more or less to a point; thence turning the line runs Southeasterly as shown on said plan Eighteen (18) feet more or less; thence turning the line runs North 27° 12" East as shown on said plan Fifty-eight and 52/100 (58.52) feet to a point; thence turning the line runs North 49° 55" and 05' East One hundred Twenty-eight and 10/100 (128.10) feet to a point; thence turning the line runs North 47° 25" 10' East as shown on said plan One Hundred Thirty-Four and 74/100 (134.74) feet to the point of beginning. Said strip of land described above is shown on said plan as belonging to "Elimina Munroe", in accordance with a preliminary site development and use plan dated May 8, 1985 on file with the Town Clerk.) Mr. Kelley gave a short explanation saying that the land on Woburn Street was purchased last December 1984. He asked that Gary Larson of Larson Associates be recognized. 8:14 P.M. Gary Larson, of the landscape architectural firm of Larson Associates presented the proposal and showed slides of the locus plan, neighbor- hood map of the proposed site, soils analysis, topography analysis, wetlands analysis, water shed analysis map, map of existing conditions, etc. He spoke of the traffic concerns and said that these would be townhouse rental units; the cul-de-sac would be 625' in length; wet- "', lands are not being disturbed. He spoke of the architecture and showed slides of similar types of housing and also showed an isometric view of the area. 8:31 P.M. Richard F. Perry said that 50% of the dwelling units in the develop- ment will be provided, and maintained, as affordable dwelling units. The projected rental units: 4 "B" units Proposed rent $575-650 per month 16 "A" units $650-750 " 5 "C" units IT $750-775 " " He spoke of the tenant selection and qualification, income levels of tenants and added that the development will be maintained as rental housing. No change to another form of occupancy shall be permitted except by an amendment to this preliminary site development and use plan approved by a two-thirds vote of the Town Meeting. 8:37 P.M. Mr. Perry announced to the meeting that he, Richard F. Perry, his sister, Janet Perry, his father, Richard M. Perry and Peter C. J. Kelley would abstain from voting on this article. 8:37 P.M. Peter C. J. Kelley spoke of the natural screening for the development and added that it was designed as a "Russell Square" but for low and affordable housing. He said that it will be an asset to the neighbor- hood and the town. 8:38 P.M. (Plane. Jacquelyn R. Smith moved that the Planning Board Report on Article 21 Board be accepted and placed on file. 8:39 P.M. Report) Mrs. Smith said that a majority of the Planning Board recommended approval of this article. She said that Board member, Stephen B. Cripps abstained as he was a neighbor and friend of both Mr. Perry and Mr. Kelley. She explained the RD zoning process: if article adopted this evening, then the developers must apply to the Board of Appeals for a special permit, must go before the Conservation Commis- sion and the Planning Board. She added that the majority of the Planning Board recommended approval because this is a very good plan. 8:45 P.M. Motion to accept and file Planning Board Report was adopted unanimously. 8:46 P.M. 5 1[2 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) Article 21. John Darcy, Assistant City Solicitor of the City of Woburn, read the (Cont.) following letter from the Mayor of Woburn: "May 13, 1985 TO: LEXINGTON TOWN MEETING MEMBERS RE: ARTICLE 21 - 1985 LEXINGTON TOWN MEETING AGENDA A major portion of this property appears to be a sensitive wetland resource area. Due to the nature of its soil and vegetation it acts as an aquifer which purifies water flowing into the public water supply for the City of Woburn. In considering Article 21 for approval, I hope every effort will be made in order to protect the quality of water flowing into Horn Pond by maintaining this particular aquifer's in- tegrity and purifying propensity. Please note the flow of water documented on the U. S. Lexington - Quaban Geological Map dated 1971. Your serious consideration and assistance in protecting Woburn's Water Supply will be greatly appreciated. Sincerely, /Signed/ John W. Rabbitt, Mayor" 8:50 P.M. Gary Larson answered the concerns raised above. 8:50 P.M. *** John Vinton, representing the residents of the area, said that traffic is the single most important issue and the project will change the character of the neighborhood. He would like the Planning Board to develop a master plan for the area and recommended that Article 21 be defeated and if reconsidered, a more detailed study on traffic should be supplied. 9:05 P.M. Martin A. Gilman, having just moved into an apartment complex in Lexington, felt that this is an excellent proposal,and said that he was surprised at how little traffic was generated in his complex. He urged support. 9:07 P.M. John Meehan, President of the Countryside Neighborho9d Association, urged defeat of this article. 9:12 P.M. Peter Kelley, in answer to a concern raised, said that they had documented the legality of the filled area as being legally filled under State and Local permits in 1970. When confronted with the suggestion that this area may contain unsuitable fill material (blacktop) they went out, under the direction of the neighbors, to dig test trenches. Both Lexington's Board of Health Director and its Conservation Commissioner viewed the fill material and found no reason for concern. 9:14 P.M. Robert Gray, 509 Woburn Street, the largest abutter affected by this zoning change said that there would be a serious traffic problem and he spoke at length in opposition. 9:27 P.M. John Hayward said he could not support this proposal although he believes the town needs this type of housing. He said that this is not like the Franklin School project. There is no building on the site and this is wetland that will be privately owned. 9:35 P.M. Rhona Cohen, Secretary of the Countryside Neighborhood Association, spoke in opposition and filed a petition of Lexington residents opposing this zoning change. 9:38 P.M. Paul W. Marshall said that the Board of Selectmen unanimously supported this article. Speaking for himself, he said that this shows diversity in housing and he is glad that Woburn is concerned about its water. He added that this is not an industrialbut a residential proposal. 9:42 P.M. *** On May 17, 1985 at 10:20 A.M. , John Vinton filed a petition of concerned citizens against Article 21 in the Town Clerk's Office. - (-ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) 51 3 Article 21. Don Deily, 3 Marshall Road, also a member of the Countryside (Cont.) Neighborhood Association, spoke in opposition and urged a "no" vote. 9:55 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, said that the Housing Authority can fill any low income housing there is and urged support. 9:57 P.M. Eleanor H. Klauminzer voiced the support of a majority of the members of the Planning Board's Housing Needs Advisory Committee. 10:02 P.M. James E. Barry spoke in opposition. 10:05 P.M. In answer to a question raised by Elaine Dratch, Paul W. Marshall said that it was not true that we did not get anything out of Potter Pond. He said that we got $700,000 which is being used to get other low income homes. He added that no money had been appropriated to buy the homes at Potter Pond and when $120,000 was appropriated for this last year, the agreement was long out of date and naturally the prices were higher. He said that as far as the homes at Morrow Crossing were concerned, the same thing occurred but there is a possibility that the town would get units on Bedford Street from Mark Moore. 10:18 P.M. Chang Chih Chao spoke in opposition. 10:13 P.M. Peter Kelley said that the site and use plan is the most important aspect of their presentation. They will stay precisely with the plan they have - there will be no alterations. 10:18 P.M. Norman P. Cohen, Town Counsel, responding to Elaine Dratch's concerns, said that the Lexington Housing Authority had eighteen months after a project was completed to buy the units but the town did not come up with any money for Potter Pond or Morrow Crossing. He read the following from the Preliminary Site Development and Use Plan for the Countryside Manor Proposal: "The developer will execute one or more recordable covenants, restrictions, agreements or grants running for the benefit of the Town and containing restrictions, including rental and income restrictions, binding on the developer and its successors in interest in the property to enforce the agreements and obligations of the developer to create and maintain the proposed development as affordable rental housing in accordance with the Site Development and Use Plan and with the terms and conditions of any Special Permit issued to the developer, all in form and substance acceptable to the Board of Selectmen and the Planning Board. Any sale or transfer of rights or interests in the development shall include a condition that successors are bound to the terms and conditions of tilts Site Development and Use Plan." Mr. Cohen added that it was drawn as tightly as it could be. 10:22 P.M. Jacquelyn R. Smith, responding to a remark that had been made, said that the Planning Board would not approve any plan just to get afford- able housing, whether it was good or not. She added that the Planning Board cares very much for the neighborhood, in spite of what James E. Barry said. 10:25 P.M. Fred D. Rosenberg said that he generally supported this proposal as it meets the needs of the site but he did want clarification of the �- tenant selection qualifications. This was explained by Mr. Kelley. 10:30 P.M. Albert P. Zabin said that he was not satisfied with the Planning Board's report on this article. 10:37 P.M. Katherine M. Whyte, speaking in favor of the proposal, said that, when the vote was taken, she was requesting that it be taken by a roll call vote. The Moderator asked for a standing vote on the request for a roll call on Article 21 with the following results: (see next page) 514 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) Article 21. Request for roll call vote: (Cont.) Precinct In Favor Tellers 1 11 John W. Maloney 2 4 Christina J. Welch 3 9 Marian C. Reilly 4 0 Katherine G. Fricker 5 1 Diran M. Semonian 6 6 Elizabeth C. Haines 7 2 Graydon M. Wheaton 8 6 Florence E. Connor 9 3 Deborah B. Green At Large 14 John R. Campbell Total 56 The Moderator stated that as more than the required fifty members had risen, the vote on Article 21, when taken, will be by roll call. 10:41 P.M. John W. Maloney said that as the owner of the Emerson Garden complex, he was aware of the need for rental housing as there was a waiting list of 2i years at Emerson. He urged support. 10:42 P.M. Elizabeth H. Clarke moved the previous question which was declared adopted by voice vote. 10:46 P.M. The roll call vote on the main motion as presented by Peter C. J. Kelley was taken by the Town Clerk, Mary R. McDonough, starting at 10:50 P.M. and completed at 11:01 P.M. The final tally was completed at 11:04 P.M. with the following results: (Final result announced by the Moderator at 11:05 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x Nancy L. Barter x Sheila Busa-Tassone x James Cataldo x James A. Cataldo x Chang Chih Chao x David F. Eagle x Nancy C. Gordon x Frederick H. Hagedorn x Patricia K. Hagedorn x Paul Levy x Ronald Levy x John W. Maloney x Barry E. Sampson x Edward P. Shannon x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 5 13 0 3 PRECINCT TWO Elizabeth H. Clarke x Eric T. Clarke x Karen Dooks x Leonora K. Feeney x Casimir R. Groblewski x Marita B. Hartshorn x Daniel A. Lucas x Lillian T. MacArthur x (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) 515 Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.) (Cont.) PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT Barry H. Marshall x Michael J. O'Sullivan x Elizabeth H. Pressman x Vicky L. Schwartz x Arthur C. Smith x John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 18 2 0 1 PRECINCT THREE Phyllis Aaronson x Donald H. Briggs, Jr. x Joy C. Buchfirer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x Francis P. McCarron x John J. McWeeney x James P. Reilly x Marian C. Reilly x Paul V. Riff in x Robert I. Rotberg x Francis W. K. Smith x Jacquelyn R. Smith x Richard W. Souza x Katherine M. Whyte x TOTALS 11 4 1 5 PRECINCT FOUR Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Donald R. Giller x Martin A. Gilman x r-- Georgia S. Glick x Peter C. J. Kelley x Daniel L. McCabe x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 15 4 2 0 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.) (Cont.) PRECNCT FIVE YES NO ABSTAINED ABSENT Florence A. Baturin x Cynthia L. Blumsack x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William F. Fraser x Paul E. Hamburger x John Hayward x Leona W. Martin x Stephen W. Miller x Paul Newman x Diran M. Semonian x Sam Silverman x Edgar R. Stuhr x Patricia A. Swanosn x Julie F. Triessl x Ephraim Weiss x David G. Williams x TOTALS 10 10 0 1 PRECINCT SIX Margaret N. Brooke x Levi G. Burnell x Shepard Anthony Clough x George E. Foote x Thomas E. Fortmann x Edmund C. Grant x Elizabeth C. Haines x Florence Koplow x L . Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Donald B. White x Lisabeth M. White x John S. Willson x TOTALS 16 3 0 2 PRECINCT SEVEN Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Sally T. Castleman x ,� Renee T. Cochin x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Marvin H. Greenberg x Marthur H. Kalil x Walter N. Leutz x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x John E. Ward x Graydon M. Wheaton x (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) 517 Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.) (Cont.) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT Iris G. Wheaton x Robert V. Whitman x Richard B. Wolk x Martha C. Wood x TOTALS 15 5 0 1 PRECINCT EIGHT Donald L. Bailey x Richard H. Battin x Roger F. Borghesani x Florence E. Connor x William P. Fitzgerald x Elizabeth G. Flemings x Suzanne S. Frank x Ione D. Garing x Benjamin H. Golini x William E. Maloney, Jr. x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Laura F. Nichols x Gordon R. Osgood x Susan G. Plumb x Jack Sarmanian x Sheldon A. Spector x Carolyn H. Tiffany x Stanley E. Toye x Christopher B. Williams x TOTALS 15 4 0 2 PRECINCT NINE Alice J. Adler x Kenneth 0. Alves x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Louis E. Conrad x Margaret E. Coppe x Anna P. Currin x Neil Gray x Deborah B. Green x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Leo P. McSweeney x Janet Perry x Richard M. Perry x Susan J. Ricci x Fred D. Rosenberg x James J. Scanlon x TOTALS 13 5 2 1 TOWN MEETING MEMBERS AT LARGE Margery M. Battin x Norman P. Cohen x Lincoln P. Cole, Jr. x William J. Dailey, Jr. x Stephen W. Doran x John C. Eddison x 51 8 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.) (Cont.) TOWN MEETING MEMBERS AT LARGE (Cont.) YES NO ABSTAINED ABSENT Paul W. Marshall X Mary R. McDonough x John F. McLaughlin x ___ TOTALS 6 0 2 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS -- 1 5 13 0 3 21 2 18 2 0 1 21 3 11 4 1 5 21 4 15 4 2 0 21 5 10 10 0 1 21 6 16 3 0 2 21 7 15 5 0 1 21 8 15 4 0 2 21 9 13 5 2 1 21 At Large 60 2 1 9 TOTALS 124 50 7 17 198 As more than the required two-thirds voted in favor, the Moderator declared that the main motion under Article 21 was adopted. 11:05 P.M. Daniel L. McCabe served notice of reconsideration of Article 21. 11:05 P.M. . Margery M. Battin moved reconsideration of Article 7. (See Page 422.) 11:05 P.M. Mrs. Battin said that if reconsideration of Article 7 prevails, that she would offer a substitute motion. 11:08 P.M. Lloyd Gilson spoke against the original motion and in favor of reconsideration and the substitute motion. 11:10 P.M. Karsten Sorensen said that he opposed the substitute motion (although not yet offered) and said that if reconsideration prevailed, he would present his own substitute motion. 11:17 P.M. Motion to reconsider Article 7 was declared adopted by voice vote. 11:20 P.M. Article 7. (See Page 422) PROFESSIONAL REVIEW BOARD Margery M. Battin presented the following substitute motion: --- MOTION: That the Board of Selectmen appoint a committee of five (As to study the current system for identifying and dealing with ..... adopted) present and potential hazardous substances in Lexington and to report back with recommendations to the Board of Health, Board of Selectmen and the 1986 Annual Town Meeting. 11:20 P.M. Mrs. Battin gave a short explanation and asked that the Chairman of the Board of Health and the Fire Chief be recognized. 11:23 P.M. Both James Lambie, Chairman of the Board of Health and Fire Chief, John D. Bergeron spoke in favor of the motion. 11:27 P.M. The Moderator explained that if this motion prevailed, it would become the main motion. 11:27 P.M. -- 1_ ____ (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) 519 _ Article 19 - Article 7. Karsten Sorensen spoke in opposition to the substitute motion. (Cont.) 11:30 P.M. Mrs. Battin's motion to substitute a motion for the motion originally adopted on March 25, 1985 (see page 422) was declared adopted by voice vote. 11:30 P.M. The Moderator said that the substitute motion is now the main motion. Said main motion was declared adopted by voice vote. 11:30 P.M. Ephraim Weiss moved that Article 16 be taken off the table. This motion was declared lost by voice vote. 11:32 P.M. Paul W. Marshall moved that this session of town meeting be adjourned to Wednesday, May 15, 1985 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by voice vote. 11:33 P.M. A true copy. Attest: XI c 4414AAA41X, Mary R. McDonough, Town Clerk 52O ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MAY 15, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 169 Town Meeting Members present. Invocation offered by Rev. David C. Myers, Pastor of the United Methodist Church. 8:02 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Paul W. Marshall moved that the Board of Selectmen Report on Fair Housing Resolution be accepted and placed on file. Adopted unanimously. 8:05 P.M. Benjamin H. Golini moved reconsideration of Article 24. (See pgs. 468- 470) . 8:05 P.M. Mr. Golini, giving a short explanation, said that he hoped that town meeting did not feel that it was necessary to debate this reconsideration and urged passage. 8:08 P.M. Marthur H. Kalil said that she was not happy with the tactics used to bring Article 24 before the meeting again. 8:15 P.M. Ronald Fitzgerald, Superintendent Director of the Minute Man Regional Vocational School apologized for his frustrations and added that even if the article is not reconsidered, relations with the Town of Lexington will still be positive. 8:18 P.M. Speaking against reconsideration: Jane P. Buckley, Frank Sandy and James E. Barry. Mr. Barry asked that when the vote was taken on the motion to reconsider, that it be taken by a roll call vote. The Moderator asked if there were fifty people in favor of the roll call and none of the members stood in favor. Also against: Margaret Rawls. Albert P. Zabin, although agreeing with Frank Sandy, said that we should rise above it and think about what is good for the students that use the vocational school. 8:28 P.M. Also speaking in favor of reconsideration: John F. McLaughlin, James M. McLaughlin, Margaret N. Brooke and William W. Welch, Jr. 8:36 P.M. Voice vote on motion to reconsider Article 24 was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 John W. Maloney 5 2 14 Christina J. Welch 4 3 5 Marian C. Reilly 9 4 2 Katherine G. Fricker 10 5 8 Diran M. Semonian 8 6 6 John S. Willson 9 7 1 Graydon M. Wheaton 10 8 4 Florence E. Connor 10 9 1 Deborah B. Green 11 At Large 20 John R. Campbell 6 Totals 70 82 The motion to reconsider Article 24 was declared lost. 8:38 P.M. (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 1985) 521 Paul E. Hamburger moved that Article 16 be taken from the table. (See Page 488) . Adopted unanimously. 8:38 P.M. Article 16. (See Page 488) AMEND ZONING BY-LAW CONGREGATE LIVING FACILITY (Plan.Bd. public In the absence of Ephraim Weiss, the original presenter of this hearing article (see page 488) , Paul E. Hamburger read a statment from 2/11/85. Mr. Weiss as follows: (excerpts only) More than 20 days "Article 16 was originally a simple amendment to the then-existing having Article 9.2 of the Zoning By-Law on Congregate Living Facilities. expired, With a very few selected phrases, it would have clarified the intent Tn. Mtg. of encouraging a form of group living for relatively self-sufficient free to elder citizens. act with- Article 11 of this Town Meeting deleted that Section of the By-Law, out a and replaced it with two types of Congregate Housing: one for new P1. Bd. construction, and another for conversion of older homes. There is no Report disagreement on new construction. The disagreement is on conversion per of older homes. Robt. I offered the RESOLUTION rather than the article. It's not Bowyer, that I didn't want the article but that it was less likely to receive Plan. support Director) . . . .Iris Wheaton's substitute motion would be much stronger than my resolution, since it would ban all conversions of older homes for this use, with the understanding that another article, or articles, would be prepared for the NEXT annual Town Meeting. I believe that's better than what we now have, and support it. . . . . Should Iris' substitute motion fail the required 2/3 vote, reconsideration will be moved so that you will have the opportunity to vote the Resolution." 8:43 P.M. Iris G. Wheaton moved the following substitute motion: MOTION: A. That the matter of the conversion of existing dwellings (As to congregate living be referred to the Planning Board for study and adopted) report, with a recommended amendment to the Zoning By-Law, to the 1986 Annual Town Meeting. (Approved by Atty. B. By further amending Table 1 - USE REGULATIONS SCHEDULE of the Zoning General, By-Law as approved by the 1985 Annual Town Meeting in the vote Aug. 19, on Article 11, as follows: 1985. Posted in In line 1.5 by striking out the designation "SP" in the Town columns headed RO, RS and RT and inserting in place thereof Office the designation "No" Building 8:45 P.M. & nine precincts Motion to substitute declared adopted by voice vote. 8:48 P.M. on Sept. 12, 1985) The Moderator said that the substitute motion is now the main motion. Main motion, as presented by Mrs. Wheaton, declared adopted unanimously. 8:49 P.M. Article 57. FIRE DEPARTMENT AMBULANCE Presented by William J. Dailey, Jr. (As MOTION: That the sum of $50,000 be appropriated to purchase an adopted) ambulance for the Fire Department, that such amount be raised in the tax levy, and that the Selectmen be authorized to trade in or sell the existing ambulance with the proceeds to be applied to the new ambulance. 8:50 P.M. Mr. Dailey explained that this purchase is to replace the 1980 ambu- lance which has approximately 74,000 miles on it at the present time and by the time the new ambulance has been received, will probably have gone to 80,000. The Selectmen askfor support for this appropriation. 8:52 P.M. :322 (ADJOU1NED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 1985) Article 57. Town Meeting Member, Martin K. White, speaking with a sling on his (Cont.) fractured arm, said that he had occasion to use the ambulance last Saturday and that, half way up the Symmes Hospital Hill, the motor died and he had to be carried up the rest of the way. He therefore felt that he could speak first-hand of the need and urged support of this article. 8:53 P.M. James E. Barry also spoke in support but asked if it would be feasible to keep the old ambulance also so that it could be used as a back-up at the East Lexington Fire Station. 8:55 P.M. Mr. Dailey answered that it would not be cost effective to keep the old ambulance. There are other services available nearby and the Selectmen do not feel that the town should or could support two �. ambulances. 8:55 P.M. Daniel L. McCabe said that the Capital Expenditures Committee recommended the appropriation of the $50,000 as did Michael J. O'Sullivan for the Appropriation Committee. 8:57 P.M. Main motion, as presented by Mr. Dailey, declared adopted unanimously. 8:58 P.M. Article 58. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM Elaine Dratch filed a letter stating that she would abstain from voting on Article 58. Presented by John C. Eddison. MOTION: That the sum of $162,500 be appropriated for a local trans- (As portation system, that such amount be raised in the tax levy, and adopted) that the Selectmen be authorized to apply for, accept and expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. 8:59 P.M. Mr. Eddison paid tribute to Sara Arnold as the co-ordinator for running LEXPRESS on a day to day basis. He explained that the M.B.T.A. subsidy would be_$60,000. 9:02 P.M. Sally Castleman, Chairman of the Transportation Advisory Committee, gave a brief overview of the LEXPRESS ridership; 13.92 riders per vehicle hour; 33% over 18; 13% 65 or over; 31% Passholders. She explained the use of the Chair Car which costs Lexington about $5,000; 25 different individuals; 4 wheelchair; 21 mobility limited; 4 under age 60 and 21 over age 60. 9:07 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action on the $162,500 appropriation. 9:08 P.M. Main motion declared adopted by voice vote. 9:09 P.M. Article 59. HAZARDOUS WASTE COLLECTION Presented by John C. Eddison. MOTION: That the sum of $3,500 be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes; that such amount be raised in the tax levy; and that the Selectmen be authorized to select the contractor and to set user fees and take all other steps necessary to carry out this project. Adopted unanimously. 9:11 P.M. - - ------------- - ------- 1 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 1985) 52:3 Article 60. MASSACHUSETTS WATER RESOURCES AUTHORITY Presented by Paul W. Marshall. MOTION: That the sum of $1,093,871 be appropriated for the cost of the delivery of water and for sewage collection, disposal and treatment services provided by the Massachusetts Water Resources Authority, and that such amount be raised in the tax levy. 9:13 P.M. (Recommended by the Appropriation Adopted unanimously. 9:15 P.M. Committee) Article 61. USE OF FUNDS TO REDUCE TAX RATE Paul W. Marshall moved that Article 61 be placed on the table. Adopted unanimously. 9:16 P.M. (See Page 532) Stanley E. Toye moved that Article 8 be taken up, out of order, at this time. Adopted by voice vote. 9:17 P.M. (See Page 422) Article 8. FAIR HOUSING POLICY Presented by Patricia A. Swanson. MOTION: - HOUSING RESOLUTION (Not WHEREAS the Town Meeting has voted to adopt Article 74 of the 1979 adopted) Annual Town Meeting and Article 25 of the 1981 Annual Town Meeting both of which present fair housing resolutions for the Town of Lexington; AND WHEREAS the existance of two fair housing documents is undesirable from the standpoint of equity of administration and compliance with policy; AND WHEREAS the matter of a fair housing policy for the Town of Lexington should be periodically re-examined for currentness and compliance and in order that its need be reemphasized; NOW THEREFORE BE IT RESOLVED that the Board of Selectmen be directed to assume responsibility for presenting to the 1986 Annual Town Meeting a revised fair housing policy for approval and adoption by that body. The revised policy should include, but not necessarily be limited to, provisions for the following: a. The inclusion of the basic concepts outlined in both resolutions referenced in the first paragraph and the termination of applicability of these policies upon approval and adoption by the Town Meeting of the new housing policy. b. A concern for the housing needs of all Lexington residents on a basis at least equal to that expressed for non-Lexington residents. c. An annual report, either oral or written, to each Annual Town Meeting of the cumulative numerical inventory of all housing, by type, created through the efforts of all town agencies wherein public funds or property were used in whole or in part to provide such housing. d. An annual review by the Board of Selectmen of the housing policy to insure its currentness and appropriateness. 9:18 P.M. 524 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 1985) Article 8. Mrs. Swanson voiced many concerns that she had, one being the tenant (Cont. selection for the Muzzey School housing. She said that there had not been any advertising for these units and that applications, with checks, had been made on the night of the town meeting adoption of the proposal. She talked at length of many of these concerns. 9:30 P.M. Margery M. Battin said that she, Paul W. Marshall and John C. Eddison, all members of the Board of Selectmen, opposed this resolution and said that, in spite of Mrs. Swanson's feelings, there are not two housing policy plans - one is a resolution. She said that a majority of the Selectmen agree with the Fair Housing Committee. 9:36 P.M. -' William T. Spencer, of the Fair Housing Committee, urged a "no" vote on the resolution. 9:38 P.M. Stanley E. Toye spoke in favor and Eleanor Klauminzer, for the Planning Board's Advisory Committee on Housing, spoke in opposition. 9:47 P.M. Jacquelyn R. Smith said that the Planning Board is satisfied with the 1979 and 1981 Housing Policies. 9:50 P.M. Albert P. Zabin, although he commends Mrs. Swanson's and Mr. Toye's statements and feels that the town owes them a debt of gratitude, urged defeat of the resolution. 9:52 P.M. John F. McLaughlin, Selectman, said that he supported the 1979 and 1981 housing policies and supports low income and fair housing. His concern is when you get into "moderate" income housing. He added that he would not support this article. 9:58 P.M. Katherine Whyte asked the Selectmen to name the individuals who are getting the subsidized housing at Muzzey but this request was not answered. Laura F. Nichols spoke in opposition. 10:01 P.M. George A. Burnell moved the previous question which was declared adopted by voice vote. 10:03 P.M. Mrs. Swanson took four of her ten minutes as the presenter of the motion to further convey her feelings on this matter. 10:07 P.M. Resolution declared lost by voice vote. 10:08 P.M. Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 29, 1985 at 8 P.M. in Cary Memorial Hall. 10:08 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Angela E. Frick told the meeting that there was a memo on the back table regarding the West Farm and Chiesa Farm purchases for conserva- tion. She added that there will be an informational meeting on the West Farm on May 16th and on the Chiesa Farm on May 23rd, both meetings to be held at 8 P.M. in the Conservation Office (Room G-1) of the Town Office Building. 10:09 P.M. As there is a Special Town Meeting called for May 29, 1985 at 8 P.M. , Mr. Marshall asked that his adjournment motion be withdrawn. There were no objections. --- Motion withdrawn. 10:12 P.M. Paul W. Marshall moved that this meeting be adjourned until after the Special Town Meeting called for May 29, 1985 at 8 P.M. in Cary Memorial Hall has been completed. This motion was adopted unanimously. 10:12 P.M. A true copy. Attest: JI,t,Y /\• </U ary R. McDonough, Town Clerk 52ei SPECIAL TOWN MEETING HELD MAY 29, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 178 Town Meeting Members present. Invocation offered by Rev. George C. Papademetriou, St. Nicholas Greek Ortho- dox Church and Chaplain, Lexington Minute Men. 8:03 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:04 P.M. The Town Clerk read the Constable's Return of the warrant. 8:04 P.M. The Moderator called a formal recess at 8:04 P.M. Paul Newman, Chairman of the School Committee, read a proclamation by the Board of Selectmen honoring James Banks and Mary Keenan, two outstanding teachers. The Battle Green DeMolay had presented these two teachers with the 1985 Exemplary Teacher Awards and both received a standing ovation from the meeting when they were introduced. 8:08 P.M. The Moderator said that the Special Town Meeting was back in session at 8:08 P.M. He added that Article 1 was now before the meeting and would remain open throughout the meeting. 8:08 P.M. Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Joyce A. Miller moved that the report of the Conservation Commission be accepted and placed on file. 8:09 P.M. Mrs. Miller read portions of the report referring to the West Farm and Chiesa Farm. 8:12 P.M. Mrs. Miller asked that John A. Oberteuffer, a member of the Conserva- tion Commission, be recognized. 8:12 P.M. Mr. Oberteuffer moved that a report of the Conservation Commission be accepted and placed on file, but, as he is not a Town Meeting Member, Mrs. Miller made the motion for him. 8:13 P.M. Mr. Oberteuffer read the report but, when he came to the last para- graph which thanked the Board of Selectmen and the Appropriation and Capital Expenditures Committee, he said that he would have to change his statement. He said that the Commission had received a phone call at 7:35 this evening informing them that the Board of Selectmen would support the acquisitions of the West and Chiesa lands only if there was a referendum to over-ride Proposition 2i. He did not favor this approach. 8:25 P.M. The motions by Mrs. Miller to accept the two Conservation Commission Reports were adopted unanimously. 8:25 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, asked that the Town Manager, Robert M. Hutchinson, Jr. be recognized. 8:25 P.M. Mr. Hutchinson, with the aid of slides, spoke of the possible five year debt schedule, budget forecast and a five year budget forecast assumption, not including the Chiesa and West Farm Acquisitions. He added that, due to the lack of an increase in the Blue Cross Rates, the amount to be appropriated for free cash will be reduced. 8:38 P.M. Mr. Marshall shows slides using the Town Manager's figures with the West and Chiesa acquisitions included. Speaking about the referendum for the over-ride, which they hoped would be June 24, 1985, he said that we should not worry about 1986 or 1987. Worry about 1988 and panic about 1989. 8:48 P.M. 526 (SPECIAL TOWN MEETING - MAY 29, 1985) Article 1. Michael J. O'Sullivan moved that the report of the Appropriation (Cont.) Committee be accepted and placed on file. Mr. O'Sullivan explained that his committee recommended favorable action on both the West Farm and the Chiesa Farm purchases, and approve the authorization for the Selectmen to enter into the stated agreements and mechanisms to finance them. Appropriation Committee Report accepted and placed on file by unani- mous vote. 8:54 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that the committee report be accepted and placed on file. Mr. McCabe said that a majority of the Capital Expenditures Committee will vote for the land only if it is contingent on the referendum. Capital Expenditures Committee accepted and placed on file by unanimous vote. 8:57 P.M. Paul Newman, Chairman of the School Committee, said that the School Committee basically agrees with the Town Manager and the Board of Selectmen. 8:59 P.M. James M. McLaughlin wondered if the money from the payback would go directly to the town and Mr. Marshall answered that any money that comes in would go to the Excess and Deficiency Account. 9 P.M. The Moderator stated that Article 1 would remain open throughout the meeting. 9 P.M. Article 2. CONSERVATION LAND PURCHASE (Moderator, Lincoln P. Cole, Jr. said that he would abstain from voting on this article.) Presented by Angela E. Frick. (As MOTION: That the Conservation Commission be authorized to purchase adopted) 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 42B on Assessors' Property Map 14 and described in the records on file with Middlesex Probate Docket No. 434827, now or formerly of the Estate of Margaret West; that the sum of $270,000 be appropriated for such land acquisition; that to raise this amount $70,000 be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting and the Treasurer with the approval of the Selectmen be authorized to borrow $200,000 under G.L. c. 44, s. 7(3) , as amended; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project. 9:02 P.M. Mrs. Frick explained that the negotiated price is $270,000 for the remaining three lots on Oak Street and a conservation restriction at the back of the barn. She urged support. 9:12 P.M. At the request of Karen A. Dooks, Myla Kabat-Zin of 58 Oak Street was recognized and she spoke in support of the motion and also filed a petition signed by supporters. 9:16 P.M. Elaine M. Sullivan of 31 Chase Avenue and Mary Ellen Mitropoulos of 69 Oak Street were recognized and both spoke in support as did Town Meeting Members James E. Barry and Vicky L. Schwartz. 9:25 P.M. (SPECIAL TOWN MEETING - MAY 29, 1985) 527 7 Article 2. In response to a question by William W. Welch, Jr. , Mrs. Frick (Cont.) said that the commission has a maintenance program and that they would plan to mow the property. As of this time, the decision has not been made as to the use of the property but it is next on their list. It may be used as a farm but this is just a possibility. 9:26 P.M. Selectman John F. McLaughlin said that his remarks on the West land would also apply to the Chiesa land. He said that it is a nice arrangement if you can afford it but he feels that we could have a serious financial problem. He urged defeat of both Articles 2 and 3. 9:38 P.M. Speaking in favor of the motion, Julian Bussgang felt that this could be taken outside of Proposition 2i anytime in the future. It does not have to be done now. 9:42 P.M. Paul W. Marshall moved that the motion under Article 2 be amended by adding at the end thereof the following: (Amend. ", provided, however, that this vote shall not take effect until Lost.) the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, s.21C amounts required to pay the principal of and interest on the borrowing authorized by this vote." 9:42 P.M. Mr. Marshall explained that the four Selectmen present had voted this evening to have a town-wide referendum on June 24 for the over-ride. This would require a majority vote of those voting. He said that this could be done in 1988, as suggested by Julian Bussgang, if four Selectmen would vote for the referendum. He felt that they are sure of the four votes this year and cannot predict what would happen in the future. 9:45 P.M. Mr. Oberteuffer spoke in opposition to the amendment as did William M. Fraser. Mr. Fraser said that -due to the timing of the referendum, a lot of people would not be voting. School would be closed, the vacation season would be upon us and many people would have left town. Margaret N. Brooke also spoke in opposition as did Robert I. Rotberg, Albert P. Zabin and Dan H. Fenn, Jr. 9:52 P.M. Mr. Marshall's motion to amend Article 2 was declared lest by voice vote. 9:52 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 9:53 P.M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 16 John W. Maloney 2 2 18 Christina J. Welch 0 3 16 Marian C. Reilly 0 4 13 Katherine G. Fricker 0 5 17 Diran M. Semonian 0 6 19 Lisabeth M. White 0 7 18 Graydon M. Wheaton 0 8 12 Florence E. Connor 1 9 15 Deborah B. Green 0 At Large 20 Barry H. Marshall 0 Total 164 3 More than the required two-thirds having voted in favor, the motion is declared adopted. 9:57 P.M. 5 2S (SPECIAL TOWN MEETING - MAY 29, 1985) Article 3. CONSERVATION LAND PURCHASE (Moderator, Lincoln P. Cole, Jr. said that he would abstain from voting on this article.) 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 Commis- (As sion, for conservation purposes including outdoor recreation as provided adopted) 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 108B on Assessors' Property Map 63, now or formerly of John D. Chiesa, Jr. ; that the sum of $1,500,000 be appropriated for such land acquisition; that to raise this amount the Treasurer with the approval of the Selectmen be authorized to borrow $1,500,000 under G.L. c. 44, s. 7(3) as amended; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project. 9:58 P.M. Mr. Williams explained that the purchase price is $1,500,000, significantly less than the appraised price and offers that Mr. Chiesa has received. Mr. Chiesa will hold, for two years; i.e. until fiscal year 1989 a bond anticipation note. He will receive no monies from the town in the fiscal year 1986; he will receive interest only be- ginning in fiscal year 1987 and again in fiscal year 1988. Interest shall, for the entire period, be 7.6%. The first payment of principle will be in fiscal year 1989 and will continue in eight equal install- ments ($187,500 to fiscal year 1996) . The commission, in negotiating with Mr. Chiesa, has agreed with his wishes that he be allowed to continue to pasture horses in the lower meadows for the first three years during which he receives no principle and the next four years when he is receiving principle and interest. People in the town will immediately have the right to use the land for winter sports such as cross country skiing and sledding. As long as snow is on the ground, the horses are kept in the paddock. Mr. Williams expressed his gratitude to Rose, Mary and John Chiesa adding that it had been a pleasure dealing with them over the years and he now considered them friends. Mr. Williams urged support of this article. 10:05 P.M. Although Patricia A. Swanson thanked the Selectmen and the Town Manager for alerting the meeting to the financial problems of the town, she said that she would not vote to over-ride nor would she support this acquisition. 10:08 P.M. Jacquelyn R. Smith voiced the unanimous and enthusiastic support of the Planning Board in regard to the purchase of the Chiesa land. She urged support of the article. 10:12 P.M. At the request of Elizabeth C. Haines, William A. Schaffer of 27 York Street was recognized and he spoke in favor of the article as did James E. Barry. 10:17 P.M. Selectman John C. Eddison, a strong supporter of the purchase of the West and Chiesa property, voiced his concern about the years 1988, 1989 and 1990 as he feels that there will be problems financially. He felt that the town should be alerted. Mr. Eddison urged support of the article. 10:19 P.M. At the request of Elaine Dratch, Barbara J. Munkres of 40 Woodland Road was recognized and, as a biologist, spoke in favor. 10:22 P.M. Selectman William J. Dailey, Jr. spoke of his concern about the financial crunch and added that if this article is adopted, the meeting will have to be very careful in the future. 10:27 P.M. Albert P. Zabin said that we have to be financially responsible and Jack Sarmanian spoke in favor. Margaret F. Rawls said that the vote on the Chiesa acquisition should be separated from an over-ride. It should be based on the purchase alone. 10:37 P.M. (SPECIAL TOWN MEETING - MAY 29, 1985) 529 Article 3. Carolyn C. Wilson voiced the support of the Recreation Committee. (Cont.) 10:37 P.M. William M. Fraser moved the previous question which was declared adopted by voice vote. 10:38 P.M. Voice vote on main motion as presented by Mr. Williams was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 13 John W. Maloney 5 2 16 Christina J. Welch 1 3 13 Marian C. Reilly 3 4 15 Katherine G. Fricker 0 5 16 Diran M. Semonian 1 6 19 Lisabeth M. White 0 7 18 Graydon M. Wheaton 0 8 13 Florence E. Connor 1 9 14 Deborah B. Green 2 At Large 21 Barry H. Marshall 2 Total 158 15 More than the required two-thirds having voted in favor, the motion was declared adopted. 10:40 P.M. Paul W. Marshall moved that this Special Town Meeting be dissolved. Adopted unanimously. 10:41 P.M. A true copy. Attest: 7)1,44+ 4, 7221 V lY Mary R. McDonough, Town Clerk 530 ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING HELD MAY 29, 1985 The meeting was called to order in Cary Memorial Hall at 10:41 P.M. by the Moderator, Lincoln P. Cole, Jr. (See Page 524 for motion that the May 15, 1985 session of the 1985 Annual Town Meeting be adjourned until after the Special Town Meeting called for May 29th at 8 P.M. in Cary Memorial Hall has been completed.) There were 178 Town Meeting Members present. James M. McLaughlin moved that Article 22 be taken off the table. (See Page 439) Adopted unanimously. 10:41 P.M. Article 22. (See Page 439) AMEND ZONING BY-LAW LOWELL STREET, RO TO RM Presented by James M. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:42 P.M. John C. Eddison moved that Article 32 be taken from the table. (See Page 480) Article 32. (See Page 480) CONSERVATION FUND Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:42 P.M. Paul W. Marshall moved that Article 51 be reconsidered. (See Pgs. 502-505) 10:42 P.M. Mr. Marshall explained that the town has received the purchase and sale agree- ment which will be signed next Monday. There is a problem about selling the equipment. Therefore, he wishes to present a substitute motion under Article 51 which would not change the amount to be appropriated. The only change would be the addition of a new section (c) authorizing the-Selectmen to purchase the equipment. 10:45 P.M. Iris G. Wheaton was concerned about starting on a new article at this time of the evening. The usual procedure is that no new article is started after 10:30 P.M. 10:46 P.M. Mr. Marshall explained that if reconsideration of Article 51 is adopted, he would present a substitute motion as described above; he would then present Article 26, line item #8525; then there would be a motion to reconsider Article 26, and if reconsidered there would be an amendment to line item #1700; lastly, Article 61 would be presented and then a motion to dissolve the meeting. He felt that unless there were a lot of question, this could be completed very quickly. 10:47 P.M. Motion to reconsider Article 51 was declared adopted by voice vote. 10:47 P.M. ** Article 51. (See Pgs. 502-505) CONSERVATION LAND PURCHASE Paul W. Marshall moved to substitute the following motion for the motion originally adopted on May 8, 1985 (See Pgs. 502-503) : (** Moderator Lincoln P. Cole, Jr. stepped down from the podium, appointed Norman P. Cohen, Town Counsel as Temporary Moderator, and Mr. Cole also abstained from voting on Article 51.) (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 29, 1985) t t Article 51. Substitute motion: (Cont.) 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 (As provided by Section 8C of Chapter 40 of the General Laws, as amended, adopted) 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 68 on Assessors' Property Map 66; (b) That the Selectmen be authorized to purchase, take by eminent domain or otherwise acquire for golf course, recreation, conservation, and other municipal purposes, any fee, easement or other interest in all or any part of land shown as Lots 63 and 64 on Assessors' Property Map 66; (c) That the Selectmen be authorized to purchase equipment used in operating and maintaining the golf course; (d) That $2,855,000 be appropriated for such land acquisition and equipment and that to raise such amount the Treasurer with the approval of the Selectmen be authorized to borrow $2,855,000 under G.L. c. 44, s.7, as amended; (e) That the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project; (f) That the care, custody, management and control of the Meagher- ville school site, so-called, be transferred from the School Depart- ment to the Selectmen effective July 1, 1985; and (g) That the Selectmen be and they hereby are authorized to convey by sale or lease or otherwise a portion of the land, not exceeding twenty-five acres, contiguous to the land acquired hereunder for golf course purposes, including the Meagherville school site, so- called, to a developer or developers for housing or recreation purposes for a price of not less than $1,500,000 and on such terms as the Selectmen shall determine, provided that the amount of borrowing hereunder shall be reduced by the proceeds actually received from the sale or lease of such land. 10:48 P.M. Mr. Marshall's motion to substitute was declared adopted unanimously. 10:50 P.M. Substitute motion, which is now the main motion, was declared adopted unanimously. 10:50 P.M. Paul W. Marshall moved that Article 26 - line item #8525 be taken from the table. Adopted unanimously. 10:50 P.M. (See Page 478) Article 26. Line item #8525. (See Page 478) OPERATING BUDGET Tax and Bond Anticipation Loans $256,000 Such amount to be raised in the tax levy. Adopted unanimously. 10:50 P.M. Paul W. Marshall moved to reconsider Article 26. (See Pgs. 472-479) Adopted unanimously. 10:51 P.M. 52 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 29, 1985) Article 26. OPERATING BUDGET Paul W. Marshall moved to amend line item #1700 by substituting the figure $1,809,600 for the original figure of $2,109,600. (See Page 473 - April 29, 1985) . 10:52 P.M. Mr. Marshall's motion to amend line item #1700 was declared adopted unanimously. 10:53 P.M. Amended motion under Article 26 - line item #1700 now reads: Insurance Group $1,809,600 Amended motion declared adopted unanimously. 10:53 P.M. Paul W. Marshall moved that Article 61 be taken from the table. (See Pg. 523) Adopted unanimously. 10:53 P.M. Article 61. USE OF FUNDS TO REDUCE TAX RATE Presented by Paul W. Marshall. MOTION: That the sum of $800,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1985, and that such amount be transferred from the Excess and Deficiency Account. Adopted unanimously. 10:53 P.M. ** Louis A. Conrad, 115 Shade Street, a Town Meeting Member from Precinct 9, filed his resignation as a Town Meeting Member effective May 30, 1985. 10:56 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES George A. Burnell filed the report of the North Lexington Improve- ment Study Committee. 11 P.M. Paul W. Marshall moved that the 1985 Annual Town Meeting be dissolved. Adopted unanimously. 11 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk (After the dissolution of the meeting, John S. Willson filed a petition author- izing purchase of the Chiesa Farm and Michael J. O'Sullivan, Chairman of the Appropriation Committee, filed a computer printout "1975 - WE ARE STILL ALL HEART! - 1985. 11:05 P.M.) ** Daniel Friedlander, 2184 Massachusetts Avenue received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Elec- tion held March 4, 1985. As of June 7, 1985 Mr. Friedlander accepted the position of Town Meeting Member from Precinct 9 to fill the vacancy caused by the resignation of Louis A. Conrad. This term will expire in March 1986. 533 Edgar R. Stuhr, 152 Woburn Street, resigned as_.a Town Meeting Member from Precinct Five effective as of July 15, 1985. Douglas A. McArthur, 151 Adams Street received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Five at the Annual Town Election held March 4, 1985. As of July 29, 1985 Mr. McArthur accepted the position of Town Meeting Member from Precinct Five to fill the vacancy caused by the resigna- tion of Edgar R. Stuhr. The term will expire in March 1986. r-- SPECIAL TOWN MEETING HELD DECEMBER 2, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 177 Town Meeting Members present. In the absence of a clergyman, the Invocation offered by the Moderator. 8:02 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the members. 8:04 P.M. The Constable's Return of the warrant was read by the Town Clerk. 8:04 P.M. Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES The Moderator stated that Article 1 would be open throughout the �-- meeting. Paul W. Marshall, Chairman of the Board of Selectmen, explained that this Special Town Meeting was called to vote on the acceptance of Chapter 188, Section 13 of the Acts of 1985. As is usual, additional articles were added to the warrant. Mr. Marshall added that it is the intent of the Board of Selectmen to process all of the articles this evening. 8:05 P.M. Ione D. Garing, a member of the Cary Lectures Committee, extended an invitation to the assembly to attend the upcoming Cary Lecture on this next Saturday evening in Cary Memorial Hall. 8:05 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, moved that the Progress Report-Lexington Housing Authority be accepted and placed on file. Adopted unanimously. 8:06 P.M. Article 2. EDUCATION STATUTE Presented by Paul Newman. MOTION: That the Town accept on its behalf and on behalf of the Minuteman Regional Vocational Technical School District the provisions of Section 13 of Chapter 188 of the Acts of 1985. (Chapter 188: AN ACT IMPROVING THE PUBLIC SCHOOLS OF THE COMMONWEALTH.) (Wm. W. Welsh, Jr. abstained from voting) Mr. Newman gave a short explanation and added that the School Committee and the town meeting had to vote to accept this article. The School 534 t8petial Town. Meeting December 2, 1985. Article 2. Committee recommends acceptance as does the Appropriation Committee (Cont.) according to Michael J. O'Sullivan. 8:13 P.M. Motion, as presented by Mr. Newman, declared adopted unanimously. 8:13 P.M. Article 3. MOTEL/HOTEL TAX STATUTE Presented by William J. Dailey, Jr. (As MOTION: That the Town accept Section 3A of Chapter 64G of the adopted) General Laws, and that the excise be at the rate of four percent. 8:13 P.M. Mr. Dailey explained that, if accepted, - this would begin January 1, 1986 and that the town would receive approximately $275,000 in additional revenue. 8:14 P.M. Richard A. Michelson moved to postpone this article until the 1986 Annual Town Meeting. 8:15 P.M. Mr. Michelson, speaking for the innkeepers and the Chamber of Commerce, said that they would like more time to study this as it was not known by them until last Tuesday. 8:17 P.M. Mr. Dailey stated that David Stusse of the Assessors Department had contacted the innkeepers last July and that the Town Manager had called them last Tuesday in order that they would be aware that this article was coming before the town meeting. He added that if we wait until the 1986 Annual Town Meeting, that the town would lose a substantial amount of money. 8:19 P.M. Michael J. O'Sullivan said that the Appropriation Committee was opposed to the postponement and in favor of the main motion. 8:20 P.M. Mr. Michelson's motion to postpone Article 3 to the 1986 Annual Town Meeting was declared lost by voice vote. 8:20 P.M. Main motion, as presented by Mr. Dailey, was declared adopted unanimously. 8:22 P.M. Article 4. SUPPLEMENTARY APPROPRIATIONS Presented by Paul W. Marshall. MOTION: That the following sums be appropriated to the following line items to be used in conjunction with money appropriated under Article 26 of the Warrant for the 1985 Annual Town Meeting, and to raise such amounts $62,000 be transferred from the Excess and De- ficiency Account: $20,000 Account 5250 $17,000 Account 4150 $25,000 Account 1090 8:24 P.M. After a short explanation by Mr. Marshall, the motion was declared adopted unanimously. 8:28 P.M. Article 5. HANDICAPPED RAMP CARY MEMORIAL BUILDING Presented by Margery M. Battin. (As MOTION: That the sum of $65,000 be appropriated, to be used in adopted) addition to the money appropriated under Article 56 of the Warrant for the 1984 Annual Town Meeting, for making renovations for handi- capped access to Cary Memorial Hall, and to raise such amount $65,000 be transferred from the Excess and Deficiency Account. 8:28 P.M. { First Session - Special Town Meeting - December 2, 1985) 55- c7 - Article 5. Mrs. Battin voiced the unanimous support of the Board of Selectmen. (Cont.) 8:34 P.M. Jacquelyn Neal of the Enablement Committee spoke in favor of the article. 8:35 P.M. Daniel L. McCabe said that the Capital Expenditures Committee is in favor of this proposal although they do not like the cost. 8:35 P.M. Michael J. O'Sullivan said that the Appropriation Committeee recommended favorable action but do have concerns. 8:37 P.M. Judith L. Zabin voiced the unanimous support of the Human Services Committee. 8:40 P.M. Robert M. Hutchinson, Jr. , Town Manager, in response to a question raised by Robert I. Rotberg, said that the ramp could not be built "in house" as we are not qualified to do this. 8:40 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. Debate on article declared closed. 8:43 P.M. Main motion, as offered by Mrs. Battin, was declared adopted by unanimous vote. 8:43 P.M. Article 6. ARCHITECTURAL STUDY, SCHOOL BUILDINGS Presented by Paul W. Marshall. (As MOTION: That the sum of $60,000 be appropriated for an architectural/ adopted) engineering survey of school buildings, and to raise such amount $60,000 be transferred from the Reserve Fund-Overlay Surplus. '—' 8:43 P.M. Mr. Marshall gave a short explanation as did Paul Newman, Chairman of the School Committee. Mr. Newman said that they were expecting to be reimbursed by 70% by the state. He added that the School Committee and the Permanent Building Committee are working close together. 8:47 P.M. William P. Kennedy, Chairman of the Permanent Building Committee said that his committee had started meeting on this last summer. They will be studying the proposals and he urged acceptance of this article. 8:49 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action as did the Capital Expenditures Committee according to Danial L. McCabe. 8:50 P.M. In answer to a question raised by Florence E. Connor, James Maclnnis of the School Department, explained that the last study had been done in 1974 but not in this magnitude. 8:52 P.M. Robert I. Rotberg asked what the $60,000 would buy. Mr. Newman answered that $50,000 would be for an architect and $10,000 would be for someone with an educational background. 8:57 P.M. Motion, as presented by Mr. Marshall, declared adopted unanimously. 8:57 P.M. Article 7. PINE MEADOWS GOLF COURSE (Moderator Lincoln P. Cole, Jr. stepped down and Norman P. Cohen, (See Town Counsel acted as Moderator. Mr. Cole stated that he would Page abstain from voting on this article.) 537) (Also Paul W. Marshall moved that Article 7 be postponed until after see completion of Article 12. Page 538) Mr. Marshall's motion to postpone until after Article 12 was declared adopted by voice vote. 8:57 P.M. 5:16 (. - Speeia1 TOwit Meeting - December 2, 19$5) Article 8. MORROW CROSSING Presented by John F. McLaughlin. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) purchase the land and the buildings thereon now known as and numbered 25-27 Bedford Street with the funds appropriated under Article 64 of the Warrant for the 1984 Annual Town Meeting; that the agreement entered into prior to the vote under Article 77 of the Warrant for the 1979 Annual Town Meeting be amended accordingly; and that the Selectmen be authorized to convey such property to the Lexington Housing Authority for one dollar and on such other terms as they may determine. 8:58 P.M. Mr. McLaughlin gave a short explanation and voiced the unanimous support of the Board of Selectmen. 9:01 P.M. Iris G. Wheaton spoke in opposition and quoted from the original Memorandum of Understanding. She said that she would not be adverse to going into litigation to get the houses. 9:04 P.M. Mr. McLaughlin said that the Selectmen had given careful considera- tion to go into litigation but they felt that the counter offer is a desirable one since it could be contended that the 1979 agreement had expired. 9:05 P.M. Albert P. Zabin gave a little bit of history and said that he felt that this article was a compromise. He urged approval. 9:09 P.M. Frank Sandy questioned the appraisal price of the houses at Morrow Crossing and Mr. McLaughlin answered that the price would probably be around $300,000. 9:10 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, said that they have seven units at Parker Manor and they feel that this is a good plan. 9:13 P.M. William M. Fraser moved the previous question which was declared r, adopted by voice vote. 9:14 P.M. Mr. McLaughlin relinquished part of his time to Julian J. Bussgang and answered Mr. Bussgang's question by saying that the building had been renovated in the last three years and was in very good condition. One unit is presently occupied but the town would have access to both units. 9:15 P.M. Motion, as offered by Mr. McLaughlin, declared adopted by voice vote. 9:15 P.M. Article 9. FOOTWAY, DUNBACK MEADOW CONSERVATION LAND Presented by Jacquelyn R. Smith. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:17 P.M. Article 10. EMERALD STREET LOTS Presented by John F. McLaughlin. .-- MOTION: That the Selectmen be and they hereby are authorized to acquire by eminent domain for housing and municipal purposes the land on Emerald Street shown as lots 196, 197 and 198 on Assessors' Property Map 58, now or formerly of the Town of Lexing- ton, and that the Selectmen be authorized to convey all or any interest in such lots for one dollar and on such other terms as they may determine to ensure that affordable housing is built thereon. Adopted unanimously. 9:19 P.M. Elf cl FT ( First Session - Special Town Meeting - December 2, 1985) a 4 Article 11. DISSOLVING COMMITTEES Presented by John C. Eddison. MOTION: That this article be indefiniely postponed. Adopted unanimously. 9:20 P.M. Article 12. FRANKLIN SCHOOL Presented by Katherine M. Whyte. (Not MOTION: That the Selectmen be instructed to include as terms adopted) of the sale of the Franklin School property to Greater Boston Community Development, Inc. the following: 1) Greater Boston Community Development, Inc. will be responsible for payment of any and all debt incurred through its acceptance of State Housing Assistance for Rental Production (SHARP) funds. 2) Greater Boston Community Development, Inc. will be responsible for any and all debt incurred through its syndication of the Franklin School development. 9:22 P.M. Mrs. Whyte gave a short explanation of her motion and urged approval. 9:25 P.M. Paul W. Marshall voiced the opposition of the Board of Selectmen. He said that the town has the option to take control but do not have to take control. 9:28 P.M. Town Counsel Norman P. Cohen agreed with Mr. Marshall. He said that the land disposition is being negotiated now but the final draft has not been negotiated. 9:30 P.M. Michael J. O'Sullivan said that presently the Appropriation Committee has no official recommendation on this article but would expect the Selectmen to protect the town. 9:33 P.M. Main motion, as presented by Mrs. Whyte, declared lost by voice vote. 9:35 P.M. Article 7. (See Page 535.) PINE MEADOWS GOLF COURSE (Moderator Lincoln P. Cole, Jr. stepped down and stated that he would abstain from voting on this article. Norman P. Cohen, Town Counsel, was chosen by Mr. Cole to act as Moderator.) Presented by Paul W. Marshall. MOTION: That this article be indefinitely postponed. 9:35 P.M. Mr. Marshall said that they have met with the owners but they cannot give a firm price. In November the Selectmen voted their intention to take the property by eminent domain. The courts will appoint three people to establish a fair value. Tonight he asked for indefinite postponement as the Probate Court will hold a meeting on December 11, 1985. Therefore, he would suggest that this meeting be adjourned to Monday, Decembr 16, 1985. 9:39 P.M. Michael J. O'Sullivan said that the Appropriation Committee had always supported the Selectmen in taking the land by eminent domain. 9:40 P.M. (See Page 538) Ephraim Weiss moved that this meeting be adjourned to Monday, December 16, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 9:44 P.M. A true copy. Q c Attest: wt,!\ Mary R. McDonough, Town Clerk 538 ADJOURNED SESSION OF THE DECEMBER 2, 1985 SPECIAL TOWN MEETING HELD DECEMBER 16, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. On December 11, 1985 the following postcard was mailed to all Town Meeting Members: "December 11, 1985 To Lexington Town Meeting Members: No change has taken place in the negotiating circumstances for the Pine Meadows Golf Course. The Board of Selectmen will send representation to Cary Hall to lomme dissolve the adjourned Special Town Meeting. Your attendance on December 16, therefore, is not required. BOARD OF SELECTMEN Paul W. Marshall, Chairman Margery M. Battin John F. McLaughlin John C. Eddison William J. Dailey, Jr." Pursuant to the above notice, there were nine Town Meeting Members present as follows: Moderator, Lincoln P. Cole, Jr. ; Town Counsel, Norman P. Cohen; Town Clerk, Mary R. McDonough; Selectmen: Paul W. Marshall, Margery M. Battin, John F. McLaughlin, John C. Eddison and William J. Dailey, Jr. ; Precinct Eight Town Meeting Member, Sheldon A. Spector. Also in attendance, Robert M. Hutchin- son, Jr. , Town Manager (not a Town Meeting Member) . The Moderator declared that the motion to indefinitely postpone Article 7 (as offered at the December 2, 1985 session of this meeting by Paul W. Marshall - see page 537) was now before the meeting. 8 P.M. f � Article 7. PINE MEADOWS GOLF COURSE (See Presented by Paul W. Marshall. Page 537) MOTION: That this article be indefinitely postponed. Adopted unanimously. 8 P.M. Paul W. Marshall moved to dissolve the Special Town Meeting. Adopted unanimously. 8:01 P.M. A true copy. Attest: 7I(41/ ir `44,44 Mary R. McDonough Town Clerk 5:314 LauraF. Nichols, 67 Liberty Avenue, resigned as a Town Meeting from Precinct 8 effective December 23, 1985. Anthony L. Mancini, 115 Reed Street, received the highest nubmer of votes as a defeated candidate for Town Meeting Member from Precinct 8 at the Annual Town Election held March 4, 1985 (one write-in vote) . As of December 26, 1985 Mr. Mancini accepted the position of Town Meeting Member from Precinct 8 to fill the vacancy caused by the resignation of Mrs. Nichols. This term will expire in March 1986. Elizabeth G. Flemings, 23 Cedar Street, resigned as a member of the Lexington Planning Board on December 26, 1985. Ms. Flemings was elected to the Planning Board on March 7, 1983 for a term of five years. Therefore, a vacancy now exists on said Board for the balance of her term which expires in March 1988. At a joint meeting of the Board of Selectmen and the Planning Board held on January 22, 1986, by poll of the members of both Boards, Martha C. Wood was appointed to fill the vacancy on the Planning Board caused by the resigna- tion of Elizabeth Flemings, for a term of office to expire on March 3, 1986, upon the Town election of a new Planning Board member. Martha C. Wood was sworn to the faithful performance of her duties as a member of the Planning Board for a term expiring March 3, 1986. Said oath was taken on January 27, 1986. Anna Currin, 6 School Street, resigned as a Town Meeting Member from Precinct '^ Nine on February 3, 1986. This vacancy will be filled at the March 3, 1986 Annual Town Election by the next defeated candidate that receives the highest vote as a candidate for Town Meeting Member from Precinct Nine. (See Page 545) George E. Foote, 146 Burlington Street, resigned as a Town Meeting Member from Precinct Six on February 25, 1986. This vacancy will be filled at the March 3, 1986 Annual Town Election by the defeated candidate that receives the highest vote as a candidate for Town Meeting Member from Precinct Six. (See Page 545) fT I 5414; OaRRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MARCH 3, 1986 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 Monday, March 3, 1986 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 ...-4 for duty as follows: Precinct One Precicnt Two D Eileen J. Fradette Warden D Ann M. Pace R Elinor M. Vassallo Clerk R A. Estelle Szalajeski D Margaret S. Blouin Inspector D Donna Alexson R Virginia M. Warner Inspector R Dorothy P. Gauthier Precinct Three Precinct Four D Marjorie Modoono Warden D Gulli I. Kula R Winifred F. Hubbard Clerk R Elliott J. Barrett D Marguerite A. Cronin Inspector D Priscilla H. Winter R Jacqueline S. Bowersock Inspector R Helen E. MacDonald Precinct Five Precinct Six D Gloria J. Bresnihan Warden D Elizabeth H. Clarke R Winifred E. Ivester Clerk R Evelyn M. Belbin D Ellen B. O'Connell Inspector D Alice A. Coletta R Richard F. Crawford Inspector R Rachel M. Higgins ,---r. Precinct Seven Precinct Eight 6....m• D Ann M. Baum Warden D Cornelius P. Cronin R Dorothy O. Jones Clerk R Mildred M. Cronin D Mary G. Faulkingham Inspector R Leonard N. Jones R Doris E. Barclay Inspector D Stella Helen Laurendeau Precinct Nine D Mary C. Joseph Warden R Caroline F. Deloury Clerk D Ann C. Golini Inspector R Carole Sandra Scalise 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. The total number of registered voters in each precinct eligible to vote as of February 11, 1986 as follows: PRECINCT TOTALS DEMOCRATIC REPUBLICAN UNENROLLED 1 2,052 1,121 381 550 2 2,063 1,189 336 538 3 2,074 992 383 699 4 2,237 1,145 483 609 5 2,253 1,105 414 734 6 2,160 1,044 541 575 7 2,235 1,142 444 649 8 1,885 857 411 617 9 2,208 1,017 463 728 TOTALS 19,167 9,612 3,856 5,699 (ANNUAL TOWN ELECTION - MARCN 3, 1986) 541 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct 1 8:52 P.M. Precinct 2 8:51 P.M. Precinct 3 9:21 P.M. Precinct 4 9:02 P.M. Precinct 5 9:38 P.M. Precinct 6 9:07 P.M. Precinct 7 8:48 P.M. Precinct 8 9:05 P.M. Precinct 9 9:19 P.M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct 1 552 voters cast their vote Precinct 2 471 voters cast their vote Precinct 3 617 voters cast their vote Precinct 4 650 voters cast their vote Precinct 5 587 voters cast their vote Precinct 6 656 voters cast their vote Precinct 7 608 voters cast their vote Precinct 8 522 voters cast their vote Precinct 9 542 voters cast their vote TOTAL 5,205 voters cast their vote 27.156% of the 19,167 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN APPLICATIONS BALLOTS BALLOTS _ RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE VOTED BY MAIL - (Excluding Certified Permanently Disabled) 1 3 3 2 6 5 3 13 11 1 4 14 10 1 5 16 11 3 6 17 12 2 7 7 5 8 2 1 9 6 6 TOTALS 84 64 7 VOTED BY MAIL - (Certified Permanently Disabled) 1 1 1 5 4 2 7 2 2 9 2 2 TOTALS 9 7 VOTED OVER THE COUNTER 1 6 6 -- 2 5 5 3 4 4 4 10 10 5 18 18 6 7 7 7 6 6 8 7 7 9 3 3 TOTALS 66 66 542 (ANNUAL TOWN ELECTION - MARCH 3, 1986) ABSENTEE BALLOT BREAKDOWN (Cont.) APPLICATIONS BALLOTS BALLOTS RETURNED PRECINCT PROCESSED RETURNED UNUSED LATE NON-REGISTERED VOTERS 2 1 3 1 1 4 3 5 3 2 6 2 1 9 2 2 TOTALS 12 6 FINAL TOTALS 171 143 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Total SELECTMAN Leo P. McSweeney 358 242 330 355 294 355 280 302 306 2,822 Jacquelyn R. Smith 278 284 353 415 363 415 364 302 299 3,073 Stephen Cole 1 1 Karen N. Halsted 1 1 Blanks 468 416 551 530 517 542 572 438 479 4,513 Totals 1104 942 1234 1300 1174 1312 1216 1044 1084 10,410 Leo P. McSweeney and Jacquelyn R. Smith were elected to the Board of Selectmen, each for a term of three years expiring in March 1989. MODERATOR Lincoln P. Cole, Jr. 419 340 434 479 436 487 411 383 377 3,766 Blanks 133 131 183 171 151 169 197 139 165 1,439 Totals 552 471 617 650 587 656 608 522 542 5,205 Lincoln P. Cole, Jr. was elected Moderator for a term of one year expiring in March 1987. SCHOOL COMMITTEE Florence Koplow 254 303 292 339 375 400 355 238 243 2,799 Paul Newman 304 275 327 353 384 393 359 272 281 2,948 Sharon MacDonald 291 193 302 346 223 295 278 322 304 2,554 Blanks 255 171 313 262 192 224 224 212 256 2,109 Totals 1104 942 1234 1300 1174 1312 1216 1044 1084 10,410 Florence Koplow and Paul Newman were elected to the School Committee, each for a term of three years expiring in March 1989. PLANNING BOARD Eleanor H. Klauminzer 169 253 252 330 258 350 296 222 273 2,403 Robert C. Whyte 307 164 310 233 235 211 222 239 200 2,121 Blanks 76 54 55 87 94 95 90 61 69 681 Totals 552 471 617 650 587 656 608 522 642 5,205 Eleanor H. Klauminzer was elected to the Planning Board for a term of five years expiring in March 1991. 54� ,. (ANNUAL TOWN ELECTION - MARCH 3, 1986) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Total PLANNING BOARD Martha C. Wood 330 281 319 412 360 418 401 302 315 3,138 Al Busa 1 1 Blanks 222 190 298 238 227 237 207 220 227 2,066 Totals 552 471 617 650 587 656 608 522 542 5,205 Martha C. Wood was elected to the Planning Board for a term of two years expiring in March 1988. Mrs. Wood is filling the vacancy caused by the resignation of Elizabeth G. Flemings on December 26, 1985. LEXINGTON HOUSING AUTHORITY James M. McLaughlin 369 273 319 403 351 381 329 326 304 3,055 Blanks 183 198 298 247 236 275 279 196 238 2,150 Totals 552 471 617 650 587 656 608 522 542 5,205 TOWN MEETING MEMBERS - PRECINCT ONE *Lois J. Barry 285 *Francis V. Busa 260 David F. Eagle 242 Roland W. Gubisch 115 *Nancy C. Gordon 262 *William H. McAlduff, Jr. 275 Paul Levy 186 *James M. Shaw 311 *John W. Maloney 281 Blanks 1,398 *David A. Bell 249 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO *Eric T. Clarke 304 *Lynda A. Wik 275 *Karen A. Dooks 258 John R. Holt 173 *Lillian T. MacArthur 231 *Jeff Licht 176 *Barry H. Marshall 224 Edna M. Welch 173 *William W. Welch, Jr. 203 Blanks 1,280 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE Phyllis Aaronson 98 Daniel J. Griffin, Jr. 129 Donald H. Briggs, Jr. 92 *Carol J. Grodzins 297 John P. Carroll 208 Sondra Lucente 193 Francis P. McCarron 130 *Marilyn K. Mairson 234 *Marian C. Reilly 277 *Mary Edna Neumeier 212 *Robert I. Rotberg 260 Ira Richer 87 *Francis W. K. Smith 249 *Robert C. Whyte 271 Robert B. Giuffreda 83 Blanks 1,499 TOWN MEETING MEMBERS - PRECINCT FOUR *Nyles Nathan Barnert 370 *Judith J. Uhrig 345 *Julian J. Bussgang 350 Nancy M. Cannalonga 251 *Angela E. Frick 349 Frederick J. DeAngelis 205 *Gale H. Nill 315 **Patricia W. McLaughlin 290 *Sandra J. Shaw 361 K. Heinz Muehlmann 239 *Ruth S. Thomas 322 Blanks 1,803 *Elected for three years. **Elected for two years. 5 4 4 (ANNUAL 'TOWN ELECTION - MARCH 3, 1986) TOWN MEETING MEMBERS - PRECINCT FIVE *Howard Cravis 230 Christopher R. Anderson 178 *Marshall J. Derby 291 Mildred Freeman 176 *William M. Fraser 264 **Eric Jay Michelson 190 *Paul E. Hamburger 274 John Murphy 161 *Stephen W. Miller 242 Kent M. Podvin 39 *Paul Newman 356 J. Dixon Wood 121 *Patricia A. Swanson 274 Blanks 1,900 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS - PRECINCT SIX L.— *Florence Koplow 371 *Robert H. Domnitz 360 *Alan J. Lazarus 339 *Michael W. Golay 299 *Ruth Joyce Nablo 347 H. Bigelow Moore 233 *Setha G. Olson 261 Peter L. Tropeano 206 *Susan S. Solomon 310 Eveline D. Weyl 181 Lisabeth M. White 238 Blanks 1,447 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN *John R. Campbell 303 *Richard B. Wolk 303 *Sally T. Castleman 379 Stephen G. Crowne 170 *Renee T. Cochin 298 *Stan N. Finkelstein 274 *Winifred L. L. Friedman 307 John F. Walter 198 *John E. Ward 280 Blanks 1,504 Graydon M. Wheaton 240 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT EIGHT *Ione D. Garing 276 George L. Harris 153 **Anthony L. Mancini 225 Gerald A. Heggie 158 '—" *A. Patricia McCabe 329 Albert E. Landers 133 *James M. McLaughlin 243 *Sharon MacDonald 309 *Susan G. Plumb 244 Stephen D. Cole 1 *Stanley E. Toye 243 Blanks 1,569 *Margery M. Battin 293 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE *Gordon E. Barnes, Jr. 255 *Brian Michael Adley 234 *L. Gail Colwell 274 Diane C. Aronson 193 *Ronald W. Colwell 281 *Louise V. T. Kava 231 *Margaret E. Coppe 265 David J. Revis 134 Daniel Friedlander 202 Richard Schaye 152 *Eleanor H. Klauminzer 264 Blanks 1,630 **Leo P. McSweeney 221 *Elected for three years. **Elected for one year. A true copy. -- Attest: AlA,;, 1I, ` A Yet✓d Mary R. McDonough, Town Clerk 54e5 Daniel Friedlander, 2184 Massachusetts Avenue, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 3, 1986. As of March 7, 1986 Mr. Friedlander's acceptance of the position of Town Meeting Member, Precinct Nine to fill the vacancy caused by the resignation of Anna Currin, 6 School Street on February 3, 1986 (See Page 539) has been filed. This term will expire in March 1987. [I' Leo P. McSweeney, 84 Shade Street, resigned as a Town Meeting Member from Precinct 9 effective March 4, 1986. As Mr. McSweeney was elected to the Board of Selectmen at the Annual Town Election held March 3, 1986, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Diane C. Aronson, 34 Stimson Avenue, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 3, 1986. As of March 7, 1986 Ms. Aronson's acceptance of the position of Town Meeting Member, Precinct Nine to fill the vacancy caused by the resignation of Leo P. McSweeney, 84 Shade Street has been filed with the Town Clerk. This term will expire in March 1987. Jacquelyn R. Smith, 4 Clematis Road, resigned as a Town Meeting Member from Precinct Three effective March 5, 1986. As Mrs. Smith was elected to the Board of Selectmen at the Annual Town Election held March 3, 1986, she is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. John P. Carroll, 43 Blossomcrest Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Three at the Annual Town Election held March 3, 1986. As of March 10, 1986 Mr. Carroll's acceptance of the position of Town Meeting Member, Precinct Three to fill the vacancy caused by the resignation of Jacquelyn R. Smith, 4 Clematis Road has been filed with the Town Clerk. This term will expire in March 1987. Lisabeth M. White, 73 Hancock Street, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 3, 1986. As of March 13, 1986 Ms. White's acceptance of the position of Town Meeting Member, Precinct Six to fill the vacancy caused by the resignation of George E. Foote, 146 Burlington Street on February 25, 1986 (See Page 539) has been filed with the Town Clerk. This term will expire in March 1987. 546 ANNUAL TOWN MEETING - MARCH 31, 1986 The meeting was called to order in Cary Memorial Hall by Lincoln P. Cole, Jr. , Moderator, at 8 P.M. There were 179 Town Meeting Members present. The invocation was offered by Rev. Kyriakos V. Saravelas, Pastor, St. Nicholas Greek Orthodox Church. 8:02 P.M. The warrant for the meeting was read by Town Clerk, Mary R. McDonough, until further reading was waived. 8:03 P.M. The Constable's Return of the warrant was read by the Town Clerk. 8:04 P.M. L_. For the benefit of the new Town Meeting Members, and as a refresher for all, the Moderator gave a brief outline of the proceedures of town meeting relating to motions, discussion on the articles etc. 8:06 P.M. Graydon M. Wheaton, past Chairman of the Town Meeting Members Assac. , read a report (not filed with Town Clerk) relating to recommendations of the Executive Board regarding ways to shorten town meeting. 8:11 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:12 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Adopted unanimously. 8:13 P.M. The Moderator stated that Article 2 would be open throughout the meeting and all sessions thereof. Article 3. APPOINTMENTS TO CARY LECTURE SERIES Presented by John C. Eddison, Selectman. 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. Adopted unanimously. 8:14 P.M. Article 4. OPERATING BUDGET Presented by John C. Eddison. 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. John C. Eddison, Acting Chairman of the Board of Selectmen, explained that the schedule is to have six Monday and Wednesday sessions of this meeting through April 16. They are hoping to have completed the financial articles, except Article 35 before the meeting reconvenes on April 28. He added that the Board of Selectmen supports the report of the TMMA regarding the avoidance of time waste at town meetings. 8:18 P.M. (Annual Town Meeting - March 31, 1986) 5I Article 4. Robert M. Hutchinson, Jr. , Town Manager, presented a budget over- (Cont.) view as it relates to the tax rate, referencing major categories of expense and showing major increases. 8:30 P.M. Michael J. O'Sullivan explained that the Appropriation Committee had chosen selective account numbers of interest but were going to challenge only one account - the Fire Department Expense budget. 8:35 P.M. The Moderator read the line items as follows: r-- Selectmen's Department #1000 Personal Services $ 35,860 1050 Expenses 9,450 8:36 P.M. Town Manager's Office 1060 Personal Services 161,895 1065 Expenses 10,000 8:37 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 35,000 1075 Clerical Pool 14,224 1080 Office furniture & Fixtures 4,000 1090 General Professional Services 75,000 1125 Fire & Police Medical 35,000 1130 Director of Guides - P.S. 1,000 1135 Out-of-State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In-State Travel 10,000 8:37 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 500 8:37 P.M. Town Clerk's Department 1150 Personal Services 84,388 1200 Expenses 1,520 8:38 P.M. Board of Appeals 1500 Personal Services 19,182 1550 Expenses 2,650 8:38 P.M. Planning Board 1600 Personal Services 74,109 8:38 P.M. (Amend. Jacqueline B. Davison moved that line item 1600 be amended to add Lost) $10,000 to the Planning Board Personal Services account. It would then read $84,109. 8:38 P.M. Mrs. Davison explained that the increase would be for the hiring of a part time planner 8:43 P.M. Selectman Jacquelyn R. Smith, a former member of the Planning Board, said that the Selectmen, although sympathetic, would rather wait for a few years and do not recommend favorable action on the amendment at this time. Judith J. Uhrig, Chairman of the Planning Board, voiced the same opinion although she thanked Mrs. Davison and said that the board would love to be able to accept. She said that the Planning Board unanimously opposed the amendment. 8:45 P.M. 54�, (Annual Town Meeting - March 31, 1986) Article 4. Planning Board (Cont.) (Cont.) Michael J. O'Sullivan said that the Appropriation Committee recommended unfavorable action on the amendment. 8:46 P. M. Motion to amend line item #1600, as offered by Mrs. Davison, was declared lost by voice vote. 8:48 P.M. 1650 Expenses 6,035 8:48 P.M. Insurance 1700 Group 1,900,080 1750 Municipal Property & Workmen's Compensation 475,000 8:48 P.M. Printing Town Report 1760 Expenses 5,750 8:49 P.M. Law Department 1775 Law Fees 110,000 1800 Law Expenses 25,000 8:55 P.M. Elections 1900 Selectmen Jurisdiction 25,200 1950 Town Clerk Jurisdicition 21,665 8:55 P.M. Board of Registrars 2000 Personal Services 10,499 2050 Expenses 21,500 8:56 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 5,000 2400 Town Celebrations Committee Expenses 10,000 8:56 P.M. Historic Districts Commission 2450 Expenses 2,000 8:56 P.M. Conservation Commission 2460 Expenses 9,760 2465 Personal Services 40,402 8:57 P.M. Recreation Committee 2470 Personal Services 144,166 2480 Expenses 20,300 8:57 P.M. Treasurer/Collector's Department 2500 Personal Services 116,318 2525 Expenses 18,862 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1986 and 1987, as permitted by General Laws Chapter 44, Section 53F. 2575 Foreclosure & Redemption 5,225 8:57 P.M. 549 (Annual Town Meeting - March 31, 1986) Article 4. Comptroller's Department (Cont.) #2800 Personal Services 155,833 2850 Expenses 6,975 8:57 P.M. Comptroller's Jurisdiction 2925 Office Machines-Capital Outlay 35,000 2930 Office Machines-Maint. & Repair 31,950 2935 Office Services-Copier & Supplies 13,000 2940 Metered Mail 36,300 8:58 P.M. Assessors' Department 2950 Personal Services 87,184 3000 Expenses 11,900 8:58 P.M. Health Department 3250 Personal Services 77,633 3300 Expenses 20,170 3320 Visiting Nurse & Community Health 7,823 8:58 P.M. Questions were raised by: Margaret F. Rawls re #2925 James M. McLaughlin re #3320 Robert I. Rotberg re #2925 The Town Manager supplied the necessary information to each. 9:03 P.M. ,..., 3450 Rabies Clinic 3,025 9:03 P.M. Health Jurisdiction-Animal Control Officer 3500 Personal Services 18,512 3550 Expenses 7,655 9:04 P.M. Police Department 3760 Police Department Management and Staff-Personal Services 495,962 (Of which $10,360 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit- Personal Services 1,358,743 3800 Expenses 230,796 3900 Parking Meter Maintenance 3,640 (Of which $3,640 is to be transferred from the Parking Meter Fund) 9:05 P.M. Fire Department 4110 Fire Department Management and Staff-Personal Services 174,642 4120 Fire Department Collective Bargaining Unit- Personal Services 1,658,035 4150 Expenses 149,145 9:05 P.M. (Amend. Michael J. O'Sullivan moved that for line item 4150 - Fire Department Lost) Expenses - the amount $137,845 be substituted. 9:05 P.M. 5 5 (Annva1 awn Meeting - March 31, 1986) Article 4. Fire Department (Cont.) (Cont.) Michael J. O'Sullivan, speaking for the Appropriation Committee, said that the decrease in this line item was to remove the appro- priation for a vehicle for the Safety Officer. The feeling was that it would be more cost effective to give the officer mileage compensation for the use of his personal vehicle. 9:07 P.M. Robert M. Hutchinson, Jr. voiced his disagreement with the Appro- priation Committee as did Fire Chief, John D. Bergeron. 9:14 P.M. Mr. O'Sullivan's motion to amend line item #4150 was declared lost by voice vote. 9:15 P.M. Local Disaster Services #4300 Personal Services 200 4350 Expenses 500 9:15 P.M. Inspection Department 4450 Personal Services 114,646 4500 Expenses 3,800 9:16 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit-Personal Services 1,476,215 (Of which $55,000 is to be transferred from the Westview Perpetual Care Fund) 4950 Public Works Management and Staff Personal Services 425,844 5000 Expenses 16,850 9:17 P.M. Engineering Department 5100 Personal Services 265,670 5150 Expenses 18,000 9:17 P.M. Town Buildings Maintenance 5200 Personal Services 115,386 5250 Expenses 218,500 9:17 P.M. The Town Manager, in answer to questions raised by Julian J. Bussgang, said that the Group Medical Insurance carrier is Blue Cross-Blue Shield, Master Medical but the town is currently reviewing the Master Plus. In regards to the 5% increase in the appropriation requested, it might not be needed but that is not known at this time. If not needed, it will not be used. 9:23 P.M. Highway/Traffic Division 5400 Expenses 198,900 9:25 P.M. Road Machinery 5450 Expenses 257,200 9:25 P.M. 551 (Annual Town Meeting - March 31, 1986) Article 4. Snow Removal (Cont.) #5500 Expenses 163,200 9:25 P.M. William T. Spencer voiced his concerns about the chemicals used for snow and ice on the streets. 9:28 P.M. Street Lights 5600 Expenses 407,000 9:28 P.M. Sewer & Water Maintenance 5700 Expenses 247,950 9:28 P.M. Refuse Collection 5800 Contract 832,400 9:28 P.M. Sanitary Landfill 5850 Expenses 3,650 9:28 P.M. Park/Shade Tree Division 6000 Expenses 102,755 9:28 P.M. Insect Suppression 6050 Expenses 1,350 9:28 P.M. Cemeteries 6400 Expenses 20,325 9:28 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 16,287 7150 Administration 300 7200 Aid & Expenses 12,600 7250 Grave Registration Expenses 200 7300 Burial Expenses 1,100 9:29 P.M. Council on Aging 7340 Personal Services 46,959 7360 Expenses 51,500 9:29 P.M. Other Human Services 7410 Mystic Valley Mental Health 21,000 7430 Community Services 71,079 9:29 P.M. 552- (Annual Town Meeting - March 31, 1986) Article 4. Cary Memorial Library (Cont.) #7500 Personal Services 642,701 7550 Expenses 199,075 (Of which $2,441.34 is to be transferred from the County Dog License Fees. $14,739 in Regular State Aid and $8,544 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) 9:30 P.M. Board of Retirement 7800 Contributory Pension Fund 1,600,000 In addition, $200,000 of excess investment income in the Retirement Fund is also approved for use by the Board of Retirement. 7810 Pension Funding 300,000 (Of which $300,000 is to be transferred from the Reserve Fund-Overlay Surplus.) 9:36 P.M. Sam Silverman moved that line item 7810 have the following added: (Resolution) be it resolved that the town meeting instructs the town's Lost) representative and senator in the State Legislature to make every effort to see that a reasonable portion of any surplus in the state revenues be utilized to reduce the unfunded pension liabilities of the towns and cities in The Commonwealth. 9:37 P.M. After Mr. Silverman gave a short explanation, John C. Eddison said that the Selectmen unanimously felt that this amendment has merit but they are reluctant to support it. 9:45 P.M. Mr. Silverman's motion to amend declared lost by voice vote. 9:45 P.M. 7825 Non-Contributory Pension Fund 221,500 7850 Expenses 4,940 9:48 P.M. Public Schools 7920 Public School-Education 20,860,675 (Of which $11,950.00 is for out of state travel.) To which the sum of $276,150 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 $20,564,525 is to be raised in the tax levy. 9:49 P.M. Shepard Anthony Clough, Chairman of the School Committee, said that the school budget was a major effort by the Committee with an increase of 4.2%. He asked that Geoffrey Pierson, Superin- tendent of Schools be recognized. Dr. Pierson, with the aid of slides, summarized the school budget. 10 P.M. After voicing the concerns of the Capital Expenditures Committee relative to the closing of Maria Hastings School, Richard A. (Amendment Michelson moved to refer the School Budget, line item #7920, back Lost) to Committee to be further studied and to be considered after the vote on Article #35. 10:08 P.M. Mr. Clough, speaking for the School Committee, and John C. Eddison, speaking for the Board of Selectmen, urged defeat of the amendment offered by Mr. Michelson. 10:18 P.M. (Annual Town Meeting - March 31, 1986) 50:3 Article 4. Public Schools (Cont.) (Cont.) Mr. Michelson's motion to refer 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 4 Nancy C. Gordon 13 2 3 Arthur C. Smith 9 3 13 Marilyn K. Mairson 6 4 2 Gale H. Nill 11 5 6 Julie F. Triessl 11 6 2 Lisabeth M. White 12 7 3 Jacquelyn H. Ward 9 8 12 Roger F. Borghesani 4 9 8 Margaret E. Coppe 9 At Large 7 John R. Campbell 12 Totals 60 96 Mr. Michelson's motion to refer declared lost. 10:24 P.M. John C. Eddison presented the following resolution: (See RESOLUTION Page 554 for WHEREAS, the Town of Lexington has operated under budgetary Resolu- constraints for eight years, first under the 4% tax cap and then tion as under the limitations of Proposition 2'i; and adopted) WHEREAS, inflation and certain fixed costs are uncontrollable by the Town; and WHEREAS, controllable costs have been curtailed to the extent possible without seriously jeopardizing the quality of services delivered to our citizens; and WHEREAS, reserve funds and taxing ability have been used to their practical limits and the remaining source of revenue increase can only be derived from local aid; and WHEREAS, many cities and towns have received negligible local aid increases for several successive years; and WHEREAS, Lexington has led the drive to support poorer communities under fiscal stress, while also supporting formulas that insure equity so that all can grow; and WHEREAS, the formula proposed by the Administration and the Legislature penalizes communities like Lexington by forcing us to cut back on needed maintenance and services at the very time the Town is trying to accomodate programs such as low/moderate income and affordable housing; and WHEREAS, the State is enjoying enormous economic health; and WHEREAS, the formula for offsetting the loss of Federal General Revenue Sharing funds cannot be explained by anyone; and WHEREAS, the State has proposed under General Revenue Sharing that some communities receive as much as $16.00 per capita and some like Lexington receive 80c per capita; THEREFORE, BE IT RESOLVED that the Town of Lexington through its Town Meeting and Board of Selectmen notify the Governor and the Legislature through its Legislators that it urgently seeks relief through an adjustment of the Local Aid Formula that would provide for a minimum increase in the General Revenue Sharing component of the formula to compensate all communities for 100% of their losses for Fiscal Year 1987. 10:31 P.M. 554 (Annual 'Town. Meeting - March 31, 1986) Article 4. Public Schools (Cont.) (Cont.) In answer to a question raised by Arthur C. Smith, the Moderator ruled that the resolution was within the scope of the article. 10:32 P.M. After Mr. Eddison's explanation of the resolution, Michael J. O'Sullivan stated that the Appropriation Committee unanimously supported the Selectmen. 10:37 P.M. William T. Spencer, with the approval of the Selectmen, moved to add after "losses" in the last line of Resolution "owing to withdrawal of Federal General Revenue Sharing funds". 10:40 P.M. �.._. Mr. Spencer's motion to amend the Resolution was declared adopted unanimously. 10:41 P.M. Shepard Anthony Clough voiced the support of the Selectmen by the School Committee. 10:42 P.M. The Resolution, as presented by Mr. Eddison and amended by Mr. Spencer, now reads: (Resolution RESOLUTION as adopted) WHEREAS, the Town of Lexington has operated under budgetary constraints for eight years, first under the 4% tax cap and then under the limitations of Proposition 2i; and WHEREAS, inflation and certian fixed costs are uncontrollable by the Town; and WHEREAS, controllable costs have been curtailed to the extent possible without seriously jeopardizing the quality of services delivered to our citizens; and WHEREAS, reserve funds and taxing ability have been used to their practical limits and the remaining source of revenue increase can only be derived from local aid; and WHEREAS, many cities and towns have received negligible local aid increases for several successive years; and WHEREAS, Lexington has led the drive to support poorer communities under fiscal stress, while also supporting formulas that insure equity so that all can grow; and WHEREAS, the formula proposed by the Administration and the Legislature penalizes communities like Lexington by forcing us to cut back on needed maintenance and services at the very time the Town is trying to accomodate programs such as low/moderate income and affordable housing; and WHEREAS, the State is enjoying enormous economic health; and WHEREAS, the formula for offsetting the loss of Federal General Revenue Sharing funds cannot be explained by anyone; and WHEREAS, the State has proposed under General Revenue Sharing that some communities receive as much as $16.00 per capita and some like Lexington receive 80G per capita; THEREFORE, BE IT RESOLVED that the Town of Lexington through its Town Meeting and Board of Selectmen notify the Governor and the Legislature through its Legislators that it urgently seeks relief through an adjustment of the Local Aid Formula that would _provide for a minimum increase in the General Revenue Sharing component of the formula to compensate all communities for 100% of their losses owing to withdrawal of Federal General Revenue Sharing funds for Fiscal Year 1987. Resolution, as presented by Mr. Eddison and amended by Mr. Spencer, declared adopted unanimously. 10:43 P.M. (Annual Town Meeting - March 31, 1986) c55 Article 4. Public Schools (Cont.) (Cont.) #8100 Regional Vocational Technical High School Assessment 305,309 10:43 P.M. 8500 Interest on Debt 22,283 10:43 P.M. (See John C. Eddison moved to table line item #8525. ^_ 5 Page 72, Adopted unanimously. 10:43 P.M. Book 23) 8550 Maturing Debt 260,000 10:43 P.M. * Motion as presented under Article 4, as amended, with the exception of line item #8525, declared adopted unanimously. 10:43 P.M. James E. Barry served notice of reconsideration of Article 4. 10:44 P.M. Robert I. Rotberg served notice of reconsideration of line item #7920 in Article 4. 10:44 P.M. Julian J. Bussgang served notice of reconsideration of line item #1700 in Article 4. 10:45 P.M. John C. Eddison moved that this meeting be adjourned to Wednesday, April 2, 1986 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 10:46 P.M. A true copy. Attest: D 4/1,vr /\ 7 JII.�K ✓��' Mary R. McDonough, Town Clerk *William W. Welch, Jr. gave written notice that he would abstain from voting on line items #1700, 1750, 7920. Mary R. McDonough and Lincoln P. Cole, Jr. abstained from voting on Article 4. 556 r *rod Aram. -0j