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HomeMy WebLinkAbout1981-03-02 to 1981-06-08-ATM-min 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. 1 (Annual Town Meeting - March 1 198 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. 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 - Marc 16, 1981.) 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. Riffin 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 it 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. 14 (Annual Town Meetin g__::__March 1 6, 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 Favo Teller 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 B. 9:27 P.M. Motion to table Article 8 adopted by voice vote. 9:27 P.M. (See Page 61.) (Annual Town Meeting - M arch 16, 1981.) 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, 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 lst 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 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 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. 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: C . w ywcer: r �1 Mary R. McDonough, Town Clerk ADJOUR S OF THE 1981 ANNUAL TOWN MEETING HELD MARCH 18, 19 81 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 - 1 -981.) 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 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 -Lam. 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, 198 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 y g 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 S 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. (A djourned Session of the 1981 Annu Tow 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 he 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, 1 981.) 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: 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 abutters 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. ( Adjo u rned Sessio of the 1981 Annual Town Meeting - March 18, 1981.) 22 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. I, 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. 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 1.4 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.) 6 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 2 (Adjourned Session of the 198 Annu To wn 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. 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.) (Adj Session of the 1981 Annual 'Down Meeting - March 18, 1981.) 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: 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 ", "RV, "RD" and "RM ", the designation "No," and in- 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.) (6 ,G�6 (Adjourned sess of the 1981 Annual Tow Me eting - 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: Mary R. McDonough, Town Clerk i ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETIN 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 (Adj ourned Session of the 1981 Annual T own 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. 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.) 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 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 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.) 3 0 (Ad journe d Sessi of the 1981 Annual Town Meetin - 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 Pian.tedosi, 443 Lincoln Street, distant 420 feet to a point, thence; SOUTHERLY by said land of Albert Piantedosi, distant 400 j 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 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; (A djourned S ession of the 1981 Annual Town Meeting - March 23, 1981.) 3 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. 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. 3 6� jJ (Adjourn Session of the 1981 Annual Town Meeting - March 23, 1981.) Article 25. Presented by Margery M. Battin. (As MOTION: That the Town adopt the Pair 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 I 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; i 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. 3 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: Precin 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 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 ON YES NO ABST AINED A BSENT 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 3 (Ad journed Session of the 1 Annual Town Meeting - March 23, 1981. Article 25. ROLL CALL VOTE ON MAIN MOTION OFFERED BY MRS. BATTIN UN DER ARTICLE 25 (Cont.) PRECINCT ONE (CONT.) YES NO ABSTAINED ABSEN 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 PR ECINCT 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 x TOTALS 13 8 0 0 PRECIN 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 Paul V. Riffin x Marie E. Roberts x Robert I. Rotberg x Richard W. Souza x TOTALS 14 5 0 2 (Adjourned Session of the 1981 Annual To wn Meeting - March 23, 1981.) Q Article 25. ROLL CALL VOTE ON MAIN MO TION OFFE B MR S. BATTIN UNDER ARTICLE 25 (Cont.) PRECINCT FOUR YES NO ABSTAI A BSENT 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. Bat.urin 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 x 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 3 6 (Adjourned Session of t he 19 A nnual Town Meeting - March 23, 1981.) Article 25. ROLL C ALL V OTE ON M AIN MOTION OFFER BY MRS. BATTIN UNDER ARTICLE 25 (Cont.) PREC SIX (CONT.) YES NO ABSTAINED AB SENT 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. Bar_abush 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 PRE CINCT EIGHT Richard H. Battin x C. Richard Beamon x Charles E. Connolly x William P. Fitzgerald x Suzanne S. Frank x Ione D. Caring 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 x 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 Meeti Mar 23, 1981.) Article 25. ROLL CALL VOTE ON MA IN MOTION OFFERED BY MRS. BATTIN UNDER ARTICLE 25 (Cont.) PRECINCT NINE (CONT.) YES NO ABSTAINED AB SENT 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 14 4 0 3 TOWN MEET 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 1 10 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 Sessio of the 1981 Annual Town Meeti - Mar 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. (Adj ourned Session of the 1981 Annual Town Meeting - March 23, 1981.) 6V 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: _ (Art. 38- See Pg. 48.) Mary R. McDonough, Town Cle k '0 ADJOURNED SESSION OF THE 1981 ANNU T OWN MEETING HELD MARCH 25, 198 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. (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 ins erting 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. (Ad journed Session of the 1981 Annual Town Meeting - March 25, 198 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. 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. 4 2 (Adjour Session of the 1981 Annual Town Meeting - March 2 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. Scoul.er 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 Telle 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. (Adjourned Session of the 1981 Annual Town Meeting - March 25, 1981.) 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 Payout 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. 44 - (Adj ourne d Ses sion of the 1981 Annual. Town Mee - 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: Mary R. McDonough, Town Clerk 4 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN MEETING JUN 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 Fallen 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. 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 8 (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. 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.:) Select 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 Ju risdiction 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.) 9 Article 39. Selectmen's Jurisdiction (Cont.) #1148 Safety Program Expenses $ 1 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. IIistoric Districts Commission 2450 Expenses 1,800 9:40 P.M. _( Adjourned Session of the 1981 A Town Meeting - June 1, 1981.) Article 39. Conservation _Commission (Cont.) 42460 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 42470 by deleting the sum of $136,473 and substituting therefor the amount of $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 riot recommend this amendment. There were various speakers both pro and con. 10:04 P.M. Mr. Hayward's motion to amend line item 42470 was declared adopted by voice vote. 10:04 P.M. (This item now reads as follows: Recre ation 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. Treasu /Collecto Department 2500 Personal Services 89,414 2525 Expenses 19,300 2575 Foreclosure & Redemption 3,120 10:05 P.M. Co mptro l ler's Department 2800 Personal Services 110,044 2850 Expenses 3,650 10:05 P.M. Comp J 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. ManagemenL 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. `) (A djourned Session of the 1981 Annual Town Meetin - 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 t he 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. High Maintenance 5400 Expenses 89,550 10:40 P.M. Road Machinery 5450 Expenses 222,525 10:40 P.M. Sno 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 Rev 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 Tow Meeting - June 1, 1981.) r 3 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:. Pre cinct 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 T 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. 54 (Adjourned Session of the 198 Annual Town Meeting - June 1, 198 Article 39. Shade Tree (Cont.) 46100 Expenses $ 33,600 10:58 P.M. Dutch Elm Disease 6150 Expenses 3,450 10:58 P.M. Ceme teries 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. G rave Registrations 7250 Expenses 400 10:59 P.M. Soldiers' Burials 7300 Expenses 250 10:59 P.M. Car Memorial Library 7500 Personal Services 445,801 7550 Expenses 159,890 Of w $5,176.44 is to be transferred from the County Dog License Pees. 10 :59 P.M. 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 Annua Town Meeting - June 1, 1981.) 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: 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. to A DJOURNED SESSION OF THE 1981 ANNUAL TOWN ME ETING v �� 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 Ilancock United Church of Christ. 8:09 P.M. 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. # DEP ARTMEN T 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. 3:16 P.M. (Adjourned Session of the 1981 Annual Town Meeting - June 3, 1981.) 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. Buss, 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: (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 7.5, 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. (Adjourned Session of the 1981 Annual Town Me eting _ June 3, 1 981.) 5 91 Article 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 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 1 0 (Adj ourned Session of t he 19 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. 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 Ses of the 1.981 Annual Town Meeting - June 3, 1981.) Mix 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. Uhr_ig, declared carried by voice vote. 10:05 P.M. (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 Meetin.q. 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.B.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. 10:14 P.M. I 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. ( r I 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.) s 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: Mary R. McDonough, Town Clerk Article 71. (See Page 71.) 6 ADJOURNED SESSION OF THE 1981 ANNUAL TOWN ME JUNE 8, 19 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. i 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 & Sl.ye 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 lettersfrom 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 F. 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, 1.981 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 -.T_aw 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. ' (Adjourned Session of the 19 Annua Tow 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. lone D. Gar.ing 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.) 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 AB STAINE D 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. Hagedo.rn 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 1'. Clarke x Karen A. Docks 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 J (Adjo urned Session of t he 198 An Town Meeting - June 8, 1981.) Article 29. ROLL CALL VOTE ON MAIN M AS AMENDED AS OFFERED BY JAMES M. (Cont.) McLAUGHLIN UN DER AR TICLE 29. — (CON PRECINCT THREE (CONT.) YES NO ABSTAINED ABSEN 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 Paul V. Riffin 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 x 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 A (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.) PR ECINCT 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 x 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 0 (Adjourned Session of the 1981 An Town Meeting - June 8, 1981.) Article 29. ROLL CALL VOTE ON MAIN MO AS AMEND 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 PREC NIN 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 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 MEETIN MEMBERS AT L ARGE 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 Poli.ti x Louis A. `Lehner 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 1.4 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.) 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 whic'.z 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 i n 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. (Adjourne Sessi o the 1981 Annual Town Meeting - Ju ne 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. 40, 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. fie 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. (Adjourned Session of the 1981 Annual Town Meeting - June 8, 1981.) 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 substitute motion 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 42 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. 4 (Adjo urned Session of the 1981 Annual Tow 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, `Down 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: i t Mary R. McDonough, Town Clerk