HomeMy WebLinkAbout1978-03-06 to 1978-04-26-ATM-min ANNUAL TOWN MEETING - MARCH 20, 1978
The meeting was called to order by the Moderator, Lincoln P_ Cole, Jr., at 8 P.M.
in Cary Memorial Hall.
There were 190 Town Meeting Members present.
The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the
Church of Our Redeemer. 8:01 P.M.
The Town Clerk, Mary R. McDonough, read the warrant for the meeting until
further reading was waived. 8:02 P.M.
The Town Clerk read the Constable's Return of the warrant. 8:03 P.M.
The Moderator read the Resolution adopted under Article 81 at the Adjourned
Town Meeting held April 7, 1976 which is the Code of Ethics for Town Meeting
Members. 8:04 P.M.
Article 2. Donald B. White, Chairman of the Appropriation Committee, moved that
the Report of the Appropriation Committee be accepted and placed on
file.
Carried Unanimously. 8:05 P.M.
William J. Scouler moved that the Report of the Permanent Building
Committee on the Town Bandstand be accepted and placed on file.
Carried Unanimously. 8 :05 P.M.
Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee,
moved that the Report of the Capital Expenditures Committee be
accepted and placed on file.
Carried Unanimously. 8:10 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, moved that the
Town Manager's 1977 Status Report on Open Money Articles be accepted
and placed on file.
Carried Unanimously. 8:10 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated that
the projected tax rate, if all of the recommendations of his committee
were adhered to, is $90.60. 8:14 P.M.
The Moderator stated that Article 2 would be open throughout the
meeting. 8:14 P.M.
Article 3. Presented by Margery M. Battin.
MOTION: That a committee of three be appointed by the Moderator to have
the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year.
Carried Unanimously. 8:15 P.M.
Article 4. Presented by Margery M. Battin.
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer is
indicated they shall be provided by such a transfer.
8:15 P.M.
3
(Annual Town Meeting - March 20, 1978.) 341)
281
Article 4. At the request of Mrs. Battin, Robert M. Hutchinson, Jr., Town Manager,
(Cont.) was recognized and he proceeded to give a general run -down of the
budget figures starting by listing the following goals: 1. Tax
Stabilization. 2. Environmental Concerns. 3. Human Services Deliv-
ery. 8:29 P.M.
Moderator Cole read the following as listed under Article 4:
Selectmen's Department
#1000 Personal Services $52,746.
1050 Expenses 7,025.
8:30 P.M.
Town Manager's Office
1060 Personal Services 81,204.
1065 Expenses 6,600.
8:30 P.M.
Town Manager's Jurisdiction
1070 Temporary Help & Overtime 24,000.
1075 Clerical Pool 8,348.
1080 Office Furniture & Fixtures 1,500.
1090 General Prof. Services 13,000.
1125 Fire & Police Medical 5,500.
1130 Director of Guides -P.S. 1,000.
1135 Out -of -State Travel 6,000.
1141 Tuition & Training Fees 14,000.
1142 In -State Travel 10,000.
8:31 P.M.
Selectmen's Jurisdiction
1148 Safety Program Expenses 1,000.
-- 8:31 P.M.
Town Clerk's Department
1150 Personal Services 49,640.
1200 Expenses and Vital Statistics 1,100.
8:31 P.M.
Board of Appeals
1500 Personal Services 10,815.
1550 Expenses 2,585.
8:32 P.M.
Planning Board
1600 Personal Services 38,655.
1650 Expenses 4,555.
8:32 P.M.
Insurance
1700 Group 762 000.
1725 Unemployment Compensation Ins. 60,000.
1750 Municipal Property & Workmen's Comp. 291,203.
8:32 P.M.
Printing Town Report
1760 Expenses 10,000.
8:32 P.M.
Law Department
1775 Law Fees 45,000.
1800 Law Expenses 12,000.
8:33 P.M.
(Annual Town Meeting - March 20, 1978.)
7_82
Article 4. Electi
(Cont.)
#1900 Selectmen Jurisdiction $12,515.
1950 Town Clerk Jurisdiction 14,800.
8:33 P.M.
Board of Registrars
2000 Personal Services 6,550.
2050 Expenses 9,600.
8:33 P.M.
Town Committees
I
i
2250 Appropriation Committee Expenses 3,800.
2370 Misc. Committees & Board Expenses 2,450.
2380 Council on Aging Expenses 24,220.*
*To which the sum of $24,220. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Funds) is to be applied.
2400 Town Celebrations Committee Expenses 7,000.
8:34 P.M.
Historic Districts Commission
2450 Expenses 1,900.
8:34 P.M.
Conservat C ommission
2460 Expenses 10,090.
8:34 P.M.
Recreation Commit
2470 Personal Services 107,170.
2480 Expenses 24,800.
8:34 P.M.
r;
Treasurer /Collector's Department
2500 Personal Services 73,629.
2525 Expenses 27,033.
2575 Foreclosure & Redemption 3,120,
8:35 P.M.
Co mptroller's Department
2800 Personal Services 90,657.
2850 Expenses 3,200.
8:35 P.M.
Comptroller's Jurisdiction
2925 Office Machines - Capital Outlay 4,300.
2930 Office Machines - Maint. & Repair 6,500.
2935 Office Services - Copier Supplies 8,000.
2940 Metered Mail 20,250.
8:35 P.M.
Assessors' Department
i
2950 Personal Services 55,561.
3000 Expenses 8,300.
8:36 P.M.
Health Department
3250 Personal Services 39,198.
3300 Expenses 10,455.
3310 Mystic Valley Mental Health 30,853.*
*To which the sum of $30,853. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Funds) is to be applied.
3320 Tri Community Health Services 6,800.
(Annual Town Meeting - March 20, 1978.)
Article 4. Health Department (Cont.)
(Cont.)
#3330 Community Services $36,297.*
*To which the sum of $36,297. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Funds) is to be applied.
8:38 P.M.
Stephen Michael Politi gave a lengthy explanation of the REPLACE
budget which is included in Stem #3300. 8:52 P.M.
Margery M. Battin stated that the Board of Selectmen, Town Manager and
Board of Health unanimously support the REPLACE budget.
8:53 P.M.
Richard M. Perry and Mary R. McDonough filed written notice that they would
abstain from voting on Articles 4 and 5 due to conflict of interest.
Article 4. Donald B. White, Chairman of the Appropriation Committee, moved to
(Cont.) amend line item 3330 Community Services by changing the amount to be
raised from $36,297. to $33,350 and substituting the amount $33,350.
for the amount $36,297. in available and anticipated federal funds.
9:02 P.M.
After general discussion, all of which was opposed to this amendment,
Mr. White's motion to amend line item 3330 was declared lost by voice
vote. 9:10 P.M.
Health Department (Cont.)
#3450 Rabies Clinic 2,410.
9:10 P.M.
Health Jurisdiction -Dog Officer
3500 Personal Services 15,850.
3550 Expenses 4,475.
9:10 P.M.
Police Department
3760 Police Dept. Management and Staff -Pers. Serv. 293,665.
(Of which $13,000. is to be transferred from
the Parking Meter Fund)
3770 Police Dept. Collective Bargaining Unit -Pers. Serv. 790,331.*
*To which the sum of $291,930. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Funds) is to be applied.
3800 Expenses 140,525.*
*To which the sum of $25,000. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Funds) is to be applied.
3900 Parking meter maintenance 4,000.*
*(of which $4,000. is to be transferred from the
Parking Meter Fund) 9:13 P.M.
Fire Department
4110 Fire Department Management and Staff -Pers. Serv. 80,626.
4120 Fire Dept. Collective Bargaining Unit -Pers. Serv. 965,771.
4150 Expenses 71,475.
9:14 P.M.
Robert M. Hutchinson, Jr., Town Manager, in response to a question by
Julian J. Bussgang, explained the Fire Department budget, especially as it
pertained to the retirement of four disabled firefighters and the hiring of
four civilian dispatchers. 9:21 P.M.
(Annual Town Meeting - March 20, 1978.)
Article 4. Local Disaster Services
(Cont.)
#4300 Personal Services $ 1,500.
4350 Expenses 1,000.
9:23 P.M.
In spection Department
4450 Personal Services 65,142.
4500 Expenses 1,213.
9:23 P.M.
P ublic Works Department
4900 D.P.W. Collective Bargaining Unit -Pers. Serv. 973,689.*
*of which 15,000. is to be transferred from
the Westview Perpetual Care Fund
9:23 P.M.
Director of Pu blic Works Office
4950 Public Works Mgt. and Staff Pers. Serv. 294,270.
5000 Expenses 11,100.
9:23 P.M.
Engineering Department
5100 Personal Services 180,770.
5150 Expenses 6,050.
9:24 P.M.
Town Buildings Maintenance
5200 Personal Services 57,296.
5250 Expenses 152,700.
9:2_4 P.M.
Highway Maintenance
5400 Expenses 68,300.
(Of which $3,000.00 is to be transferred
from the Parking Meter Fund)
9:24 P.M.
Road Machinery
5450 Expenses 145,300.
9:24 P.M.
Snow Removal
5500 Expenses 120,650.
(Of which $3,600.00 is to be transferred from the
Parking Meter Fund)
9:24 P.M.
Traffic Regulations & Street Signs
5550 Expenses 23,500.
9:24 P.M.
Street Lights
5600 Expenses 250,000.
9:25 P.M.
Sewer Maintenance & Services
5700 Expenses 58,900.
9:25 P.M.
Garbage Collection
5800 Contract 72,000.
9:25 P.M.
(Annual Town Meeting - March 20, 1978.)
Article 4. Sanitary Land Fill
(Cont.)
#5850 Expenses $108,750.
9:25 P.M.
Allen Lee Whitman, Jr. moved that line item 5850 be amended by
reduction to $107,750. 9:25 P.M.
After general discussion, some relating to closing the dump to
commercial carriers, Mr. Whitman's motion to amend line item 5850
was declared lost by voice vote.
9:36 P.M.
Water Maintenance & S ervices
5900 Expenses 48,300.
9:36 P.M.
Park
6000 Expenses 40,050.
9:36 P.M.
Insect Suppression
6050 Expenses 10,500.
9:36 P.M.
After questioning by Manfred P. Friedman, Mr. Moran from the East
Middlesex Mosquito Control spoke on the subject of mosquito control..
9:43 P.M.
Margery M. Battin stated that the Board of Health and the Board of
Selectmen both unanimously support the program.
9 :45 P.M.
Manfred P. Friedman moved that line item 6050 be changed from
$10,500 to $0. Voice vote on this motion was doubted, so a standing
vote was taken as follows:
(Before the Moderator appointed the tellers he stated that, at the
request of the Executive Board of the Town Meeting Association, the
tellers would be the Clerk of each of the precincts but that this
would not be a precedent and that it would not be binding on any
future Moderator.)
Preci In Favor Tellers Opposed
1 4 Stephen W. Doran 12
2 5 Donald D. Wilson 14
3 8 Erna S. Greene 9
4 11 Ruth S. Thomas 7
5 7 Guy W. Doran 10
6 10 Sam V. Nablo 6
7 14 David Reiner 5
8 2 Ione D. Garing 14
9 7 Roy Weinstein 9
At large 6 Edward E. Furash 20
Totals 74 106
Mr. Friedman's motion to amend line item 6050 was not adopted.
9:53 P.M.
(Annual Town Meeting - March 20, 1978.)
Article 4. Shade Tree
(Cont.)
#6100 Expenses $ 9,600.
9:53 P.M.
Du tch Elm Disease
6150 Expenses 4,200.
9:53 P.M.
Richard A. Michelson moves to amend Article 4, line items #3760, 5400
and 5500 by striking the words "to be transferred from the Parking
Meter Fund ". 9:55 P.M.
After general discussion, the motion, as offered by Mr. Michelson,
was declared lost by voice vote.
10:07 P.M.
Cemeteries
6400 Expenses 10,800.
10:13 P.M.
Veterans' Benefits
7100 Personal Services 8,910.
7150 Administration 150.
7200 Aid & Expenses 48,000.
10:13 P.M.
Gr ave Registrations
7250 Expenses 400.
10:13 P.M.
Soldi Burials
7300 Expenses 250.
10:13 P.M.
Cary Memorial Library
7500 Personal Services 360,805.
7550 Expenses 128,650.*
*Of which $5,231.10 is to be transferred from
the County Dog License Fees.
10:13 P.M.
Board of Retirement
7800 Contributory Pension Fund 624,330.
7810 Pension Funding 100,000.
7825 Non - Contributory Pension 175,000.
7850 Expenses 4,950.
10:13 P.M.
Otis S. Brown, Jr., Chairman of the School Committee, stated that,
because of the storm last Thursday, March 16th, the School Budget
meeting had to be postponed until next Tuesday, March 28th. Therefore,
the school budget would not be presented this evening.
10:20 P.M.
Frank I. Michelman moved that item #7920, under Article 4, be tabled.
Carried Unanimously. 10:21 P.M.
7920 (See Page 357)
(Annual Town Meeting - March 20, 1978.)
Article 4.
(Cont.)
#8100 Regional Voc. Tech. High School Assessment $517,364.
10:22 P.M.
8500 Interest on Debt 207,768.
10:22 P.M.
8525 Tax & Bond Anticipation Loans 238,667.
10:22 P.M.
8550 Maturing Debt 1,460,000.
10:22 P.M.
Article 4, as presented by Mrs. Battin, with the exception of
line item 7920 which has been tabled, declared carried unanimously
by voice vote. 10:22 P.M.
John F. Downey, Jr. served notice of reconsideration of Article 4.
10:23 P.M.
Article 5. Presented by James F. Crain.
MOTION: That $300,000.00 be appropriated for the ensuing fiscal
year, in addition to those authorized under Article 4 of this Warrant
to fund cost items resulting from collective bargaining and the
(See additional funds required for Fiscal 1979 and to appropriate such
Pages amount, $300,000.00 is to be raised in the tax levy.
289
& The amount voted, is to be :distributed among. the following accounts as
290) authorized by the Board of Selectmen:
1000 Selectmen
1060 Town Manager
1075 Clerical Services
1130 Director of Guides
1141 Tuition and Training
1150 Town Clerk
1500 Board of Appeals
1600 Planning Board
2000 Board of Registrars
2470 Recreation
2500 Treasurer & Collector
2800 Comptroller
2950 Assessors
3250 Health
3500 Animal Control
3760 Police Department Management and Staff
3770 Police Collective Bargaining Unit
4110 Fire Department Management and Staff
4120 Fire Department Collective Bargaining Unit
4300 Local Disaster Services
4450 Inspection
4900 D.P.W. Collective Bargaining Unit
4950 Department of Public Works Management and Staff
5100 Engineering
5200 Town Building Maintenance
7100 Veterans' Benefits
7500 Library
7825 Non Contributory Pension Fund
10:25 P.M.
After much discussion about the wording of the motion, which was ruled
by the Moderator to be within the scope of the article, a motion to
table Article 5 was made by Anthony L. Mancini.
10:48 P.M.
(Annual Town Meeting - March 20, 1978.)
Article 5. Voice vote on Mr. Mancini's motion to table Article 5 was doubted, so a
(Cont.) standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 3 Stephen W. Doran 14
2 7 Donald D. Wilson 12
3 14 Erna S. Greene 5
4 3 Ruth S. Thomas 15
5 9 Guy W. Doran 8
6 10 Sam V. Nablo 4
7 11 David Reiner 5
8 11 Tone D. Garing 3
9 13 Roy Weinstein 1
At large 5 Edward E. Furash 18
Totals 86 85
Motion to table Article 5 is adopted. 10:51 P.M.
(See Pages 289 & 290)
Margery M. Battin moved that the meeting he adjourned to Wednesday, March 22,
1978 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:52 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETI - MARC 22, 1978
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:08 P.M. in Cary Memorial Hall.
There were 186 Town Meeting Members present.
The invocation was offered by Rev. Polly Laughland of the Follen Community
Church. 8 :10 P.M.
Otis S. Brown, Jr., Chairman of the School Committee, introduced the Lexington
High School Basketball Team and their Coach, Robert Farias. As of last Saturday,
when they defeated Durfee High School of New Bedford, this team became the State
Champions and they entered the hall to a standing ovation from the citizens of
Lexington. Proclamations were read and presented to the coach by Frank I. Michelman
for the Lexington School Committee, Alfred S. Busa for the Board of Selectmen and
Moderator and State Representative Lincoln P. Cole, Jr. for the Massachusetts
House of Representatives. 8:23 P.M.
James F. Crain moved that Article 5 be taken from the table.
Carried by voice vote. 8:25 P.M.
The Moderator stated that Article 5 was now before the meeting. 8:25 P.M.
Article 5. James F. Crain, Selectman, gave a history of Article 5 and showed
slides further explaining the article.
8:29 P.M.
(See
Pages Although many of the Town Meeting Members questioned the form of this
287 & motion, Mr. Crane stated that it was the unanimous consensus of the
288) Board of Selectmen that this article was the best way to approach the
fiscal reponsibility. 8 :32 P.M.
After much discussion, Joseph 0. Rooney moved the previous question
which was declared carried by voice vote.
8 :50 P.M.
The motion to be voted on, as presented by Mr. Crain at the Annual
Town Meeting held last Monday, March 20, 1978, is as follows:
MOTION: That $300,000.00 be appropriated for the ensuing fiscal year,
(Motion in addition to those authorized under Article 4 of this Warrant to fund
as cost items resulting from collective bargaining and the additional funds
adopted) required for Fiscal 1979 and to appropriate such amount, $300,000.00 is
to be raised in the tax levy.
The amount voted is to be distributed among the following accounts as
authorized by the Board of Selectmen:
1000 Selectmen
1060 Town Manager
1075 Clerical Services
1130 Director of Guides
1141 Tuition and Training
1150 Town Clerk
1500 Board of Appeals
1600 Planning Board
2000 Board of Registrars
2470 Recreation
2500 Treasurer & Collector
2800 Comptroller
2950 Assessors
3250 Health
3500 Animal Control
3760 Police Department Management and Staff
3770 Police Collective Bargaining Unit
4110 Fire Department Management and Staff
4120 Fire Department Collective Bargaining Unit
(Adjourned Town Meeting - March 22, 1978.)
Article 5. (Motion under Article 5. Cont.)
(Cont.)
4300 Local Disaster Services
4450 Inspection
4900 D.P.W. Collective Bargaining Unit
4950 Department of Public Works Management and Staff
5100 Engineering
5200 Town Building Maintenance
7100 Veterans' Benefits
7500 Library
7825 Non - Contributory Pension Fund
Main motion, as presented by Mr. Crain, carried by voice vote.
8:50 P.M.
Article 6. Presented by Margery M. Battin.
MOTION: That the sum of $30,000.00 be appropriated for Group Insurance
(Account #1700), to be used during the current fiscal year in con -
junction with money appropriated under Article 4 of the warrant for
the 1977 annual town meeting, and to raise such amount $30,000.00 be
transferred from Municipal Property & Workmen's Compensation
(Account #1750).
Carried Unanimously. 8 :51 P.M.
Article 7. Presented by Otis S. Brown, Jr.
MOTION: That the sum of $10,884.06 be appropriated to pay the
following unpaid bills rendered to the Town for the prior year:
Arlington School 2,503.00
Wild Acre Inn 180.00
St. Anne's 2,517.15
Carroll School 3,817.60
Crystal Springs 438.02
Crystal Springs 438.02
Crystal Springs 438.02
John G. Clark 200.00
Kennedy Memorial 352.25
and that such sum be raised in the tax levy.
8 :52 P.M.
Edward E. Furash stated that he would abstain from voting on this
article. 8 :53 P.M.
Motion, as presented by Mr. Brown, carried unanimously. 8 :54 P.M.
Article 8. Presented by Margery M. Battin.
MOTION: That the sum of $200,000.00 be appropriated for the Reserve
Fund and to raise such amount $31,000.00 be transferred from the
Reserve Fund- Overlay Surplus and $169,000.00 be raised in the tax levy.
8 :54 P.M.
Allen Lee Whitman, Jr. served notice of reconsideration of Article 6.
8:59 P.M.
Article S. Motion under Article 8, as offered by Mrs. Battin, carried unanimously.
(Cont.) 8:59 P.M.
a
X
(Adjourned Town Meeting - March 22, 1978.) X
291
Article 9. Presented by Otis S. Brown, Jr.
MOTION: That the sum of $12,178.88 received in 1978 as State Aid to
public libraries be appropriated for use by the Trustees of Cary
Memorial Library in improving and extending library services in
Lexington.
Carried Unanimously. 9 P.M.
Article 10. Presented by Margery M. Battin.
MOTION: That this Article be taken up after Article 19 (If Article
19 passes, the motion will be - That this article be indefinitely
postponed.)
Carried Unanimously. 9:01 P.M.
(See Page 297)
Article 11. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized to
install street lights in such unaccepted streets as they may
determine prior to the final adjournment of the 1979 Annual Town
Meeting.
Carried Unanimously. 9.02 P.M.
Article 12. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:02 P.M.
i
i
Article 13. Presented by Margery M. Battin.
MOTION: That the Town Treasurer, with the approval of the Selectmen,
be and he hereby is authorized to borrow money from time to time in
anticipation of the revenue for the fiscal year beginning July 1,
1978, and to issue a note or notes therefor, payable within one year,
in accordance with provisions of General Laws, Chapter 44, Section 4
as amended and to renew any note or notes as may be given for a
period of less than one year, in accordance with the provisions of
General Laws, Chapter 44, Section 17.
Carried Unanimously. 9:03 P.M.
Article 14. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:03 P.M.
Article 15. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install drains in such accepted or unaccepted streets or other land
as the Selectmen may determine, including the widening, deepening
or altering the course of brooks, streams and water courses and the
construction of new channels in said other land, in accordance with
Chapter 263 of the Acts of 1926, as amended, or otherwise, and to
take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and to
appropriate the sum of $22,000.00 for such installation and land
acquisition, and that to raise such amount $22,000.00 be raised
in the tax levy.
9 :04 P.M.
(Adjourned Town Meeting - March 22, 1978.)
292
Article 15. Mr. Busa and William J. Martin, Assistant Town Engineer gave explanations
(Cont.) of the motion and answered questions.
The motion, as offered by Mr. Busa, was declared adopted by voice vote
but this decision was doubted, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 16 Stephen W. Doran 1
2 12 Donald D. Wilson 6
3 8 Erna S. Greene 12
4 5 Ruth S. Thomas 13
5 8 Guy W. Doran 11
6 5 Margaret N. Brooke 9
7 6 David Reiner 12
8 9 Ione D. Garing 7
9 3 Roy Weinstein 15
At large 17 John R. Campbell 4
Totals 89 90
Mr. Busa's motion is defeated. 9:28 P.M.
Alfred S. Busa served notice reconsideration of Article 15. 9:28 P.M.
Article 16. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to install
new or replacement water mains in such accepted or unaccepted streets or
other land as the Selectmen may determine, subject to the assessment of
betterments or otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary
therefor; and to appropriate the sum of $25,000.00 for such installation
and land acquisition, and that such amount be raised in the tax levy; and
provided further that the Selectmen may install water mains in Avon j
Street and Earl Street provided that money for such projects is deposited
in the Guaranteed Deposit Water and Sewer Account.
9:28 P.M.
Mr. Busa stated that this would be a four year project and that it
would be done by the town. 9:31 P.M.
In answer to a question by Mr. Allen Lee Whitman, Jr., Mr. Busa stated
that the estimated cost would be $100,000.00.
9:34 P.M.
Mr. Busa's motion carried unanimously. 9:42 P.M.
Article 17. Presented by Alfred S. Busa.
(See MOTION: That the Selectmen be and they hereby are authorized to construct
Pages concrete, bituminous concrete or other sidewalks, at such locations as
363 & they shall determine, where the abutting owner pays one -half of the cost
364. or otherwise, and to take by eminent domain, purchase or otherwise acquire
Motion any fee, easement or other interest in land and to appropriate the sum of
Lost.) $34,000.00 for such construction and land acquisition, and that such
amount be raised in the tax levy.
9:43 P.M.
Mr. Busa stated that sidewalks would be constructed on the southerly
side of Massachusetts Avenue from Hastings Road to Jean Road.
9:44 P.M.
Fred D. Rosenberg spoke of the need for sidewalks on Wood Street and
Mr. Busa stated that the Board of Selectmen was aware of the situation
and that Wood Street would be a top priority next year.
9:54 P.M.
(Adjourned Town Meeting - March 22, 1978.)
Article 17. Allen Lee Whitman, Sr. moved that the motion be recommitted to the
(Cont.) Board of Selectmen for consultation with other town boards and to
come back with high priority items. 9:57 P.M.
Mr. Whitman's recommittal motion was declared lost by voice vote.
9:59 P.M.
Daniel E. Power of 2246 Massachusetts Avenue, which is on the stretch
for the new sidewalk, spoke in opposition and raised many questions.
He then moved for indefinite postponement but this motion was declared
lost by voice vote. 9:59 P.M.
Main motion, as offered by Mr. Busa, declared carried by voice vote.
9:59 P.M.
Article 18. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to enter
into an agreement with the Town of Arlington to provide for a sewer
connection in Arlington for Patricia Terrace on such terms as they
may determine including the assumption of a proportional cost of the
operation of any necessary sewer pump in Arlington and the payment,
if any, of Arlington sewer taxes which may be instituted.
10 P.M.
Daniel E. Power served notice of reconsideration of Article 17. 10:06: P.M.
Article 18. Motion, as presented by Mr. Busa under Article l8, carried unanimously.
(Cont.) 10:07 P.M.
Article 19. Presented by Margery M. Battin.
MOTION: (A) That the Selectmen be and they hereby are authorized to
install and reconstruct sewer mains and sewerage systems in such
(See accepted or unaccepted streets or other land as the Selectmen may
Pages determine, subject to the assessment of betterments or otherwise, in
295- accordance with Chapter 504 of the Acts of 1897, and acts in addition
297) thereto and amendment thereof, or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; and to appropriate for such installation
and land acquisition the sum of $2,500,000.00; and to raise such
amount the Treasurer with the approval of the Selectmen be authorized
to borrow $2,500,000.00 under G.L. c.44, s.7(1) as amended; and to
authorize the Selectmen to apply for, accept, expend and borrow in
anticipation of federal and state aid for such sewer _projects, provided
further that the Selectmen may relocate the sewer running between
Marrett Road and Grapevine Avenue on Lots 50 and 60 on Assessors'
Property Map 32 provided that money for such project is deposited in
the Guaranteed Deposit Water and Sewer Account.
(B) That the Selectmen be and they hereby are requested to study the
betterment formula as set forth in Chapter 504 of the Acts of 1897,
and acts in addition thereto and amendment thereof, including making
a recommendation on recovering approximately fifty per cent of the
cost of sewer projects in the future.
10:08 P.M.
Mrs. Battin explained that this sewer bonding would be done over the
next five years to complete the Lexington sewer system and Mr. Zehner,
Town Treasurer, gave an explanation of the financial situation.
10:19 P.M.
Ephraim Weiss moved to amend the motion by replacing the figure
$2,500,000.00 with $255,000.00 in the two places where it occurs.
10:33 P.M.
(Adjourned Town Meeting - March 22, 1978
Article 19. Mrs. Battin, Chairman of the Board of Selectmen, urged defeat of
(Cont.) the amendment offered by Mr. Weiss.
10:53 P.M.
After a lengthy discussion both by Mr. Weiss and Julian J. Bussgang,
Arthur C. Smith moved for postponement of Article .7.9 until the next
town meeting, with which the Selectmen concurred, and the motion
to postpone Article 19 was adopted by voice vote. 10 :55 P.M.
(See Pages 295 - 297.)
Margery M. Battin moved that the meeting be adjourned to Monday, March 27,
1978 at 8 P.M. in Cary Memorial Hall.
Motion to adjourn adopted at 10:57 P.M.
A true copy.
Attest:
fU,
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - MARCH 27, 1978
The meeting was called to order in Cary Memorial Hall at 8:07 P. M. by the
Moderator, Lincoln P. Cole, Jr.
There were 184 Town Meeting Members present.
The invocation was offered by Rev. Henry H. Clark, Pastor of the Hancock
United Church of Christ. 8:08 P.M.
The Moderator asked for a moment of silence for Edwin V. Bennett, a former
Town Meeting Member for seven years, who had passed away since the last Annual
Town Meeting. 8:09 P.M.
The Moderator stated that the meeting is now open on Article 19. The motion
before the meeting is the motion to amend, as offered by Mr. Ephraim Weiss at
the March 22, 1978 meeting. 8 :10 P.M.
(See Pages 293 and 294)
Article 19. (Motion under Article 19 as presented by Margery M. Battin at the
March 22, 1978 meeting as follows:
(See MOTION: (A) That the Selectmen be and they hereby are authorized to
Page install and reconstruct sewer mains and sewerage systems in such
293) accepted or unaccepted streets or other land as the Selectmen may
determine, subject to the assessment of betterments or otherwise, in
accordance with Chapter 504 of the Acts of 1897, and acts in addition
(Motion thereto and amendment thereof, or otherwise, and to take by eminent
as domain, purchase or otherwise acquire any fee, easement or other
adopted) interest in land necessary therefor; and to appropriate for such
installation and land acquisition the sum of $2,500,000.00; and to
raise such amount the Treasurer with the approval of the Selectmen be
authorized to borrow $2,500,000.00 under G.L. c.44, s.7(1) as amended;
and to authorize the Selectmen to apply for, accept, expend and
borrow in anticipation of federal and state aid for such sewer
projects, provided further that the Selectmen may relocate the sewer
running between Marrett Road and Grapevine Avenue on Lots 50 and 60
on Assessors' Property Map 32 provided that money for such project is
deposited in the Guaranteed Deposit Water and Sewer Account.
(B) That the Selectmen be and they hereby are requested to study the
betterment formula as set forth in Chapter 504 of the Acts of 1897,
and acts in addition thereto and amendment thereof, including making a
recommendation on recovering approximately fifty per cent of the cost
of sewer projects in the future.)
(Motion to amend, as offered by Ephraim Weiss at the March 22, 1978
meeting, which is the motion before the meeting at this time, as
follows:
MOTION: to amend the motion by replacing the figure $2,500,000.00
with $255,000.00 in the two places where it occurs.)
Mr, Weiss asked that, if there were no objections, his motion to
amend be withdrawn. There was an objection from the meeting, so his
motion to amend is still before the meeting. 8:11 P.M.
The Moderator stated that there were seven minutes left for discussion
on Mr. Weiss's motion to amend. 8:12 P.M.
Margery M. Battin read a letter from a resident of Wadman Circle
describing the water disposal problems at her residence.
8:15 P.M.
Albert P. Zabin, Chairman of the Planning Board, commented that his
board had not taken a stand on this article, but he, as an individual,
urged defeat of the motion to amend and passage of the main motion.
8:17 P.M.
(Adjourned Town Meeting - March 27, 1978.)
Article 19. Allen Lee Whitman, Jr. stated that he had heard more comments on this
(Cont.) article than on any other and he urged passage of the amendment.
8 :18 P.M.
Motion to amend the main motion, as offered by Mr. Weiss, declared
lost by voice vote. 8:18 P.M.
Mrs. Battin, speaking to the main motion, stated that Sewer Category
"A" streets would be completed in three to five years and would be
done in six installments. 8:25 P.M.
Julian J. Bussgang, who stated that he could not vote for this
motion in good conscience, said that this money will not take care
of all the streets, that there would be about 70 houses left
unsewered. He also felt that there should be a policy that the
people should he heard from. 8:30 P.M.
Jerry Martin, Assistant Town Engineer, said that the list of streets
to be sewered had been recommended by the Board of Health and that
there would be a Sewer Advisory Committee. 8:35 P.M.
In answer to a. question by Robert I. Rotberg, Jerry Martin commented
that they would service immediate needs on Allen and Pleasant Streets.
8:47 P.M.
In answer to Paul E. Hamburger, Robert M. Hutchinson, Jr., Town
Manager, said that there were a number of homes that had not been
polled but many had filed petitions for sewers. 8:50 P.M.
Jonathan P. Doran moved the previous question which was declared lost
by voice vote. 8:56 P.M.
Former Selectman, Fred C. Bailey, urged passage of this motion,
commenting that both of the financial committees of the town also
recommended passage. 9 P.M.
Katherine G. Fricker asked what would happen if a resident on a
Category A street did not want to be sewered. Mrs. Battin answered
that they would not be sewered. 9:10 P.M.
Donald B. White, Chairman of the Appropriation Committee, said that
his committee recommended the $2,500,000.00 bonding and felt that
the Town Engineering Department could handle the work. He urged
support of this article. 9:18 P.M.
Answering Sam Silverman, Mrs. Battin said that the town could defer
assessments for financial hardships. 9:22 P.M.
Arthur C. Smith moved that the sum of $2,500,000.00 be deleted and
replaced by the sum of $1,000,000.00 wherever it appears.
9:25 P.M.
Selectman Mary W. Miley said that there must have been some misunder-
standing and that the Sewer Advisory Committee had recommended to the
Board of Selectmen the Category A streets. 9:28 P.M.
William G. Fraser felt that the sewer hearings should be held prior to
town meetings, not after and was answered by Town Manager Hutchinson
that they do try to hold the hearings prior but there are emergency
situations that do come up. 9 :36 P.M.
Mr. Smith's motion to amend was declared lost by voice vote.
9 :36 P.M.
As this motion required a two - thirds vote for passage, and knowing
that it would not be a unanimous vote, the Moderator called for a
standing vote as follows:
(Adjourned Town Meeting - March 27, 1978.)
Article 19. Precinct In Favor Tellers Opposed
(Cont.)
1 17 Stephen W. Doran 0
2 16 Donald D. Wilson 3
3 19 Erna S. Greene 2
4 17 Ruth S. Thomas 0
5 11 Guy W. Doran 7
6 15 Sam V. Nablo 0
7 15 David Reiner 1
8 11 Ione D. Garing 2
9 14 Roy Weinstein 2
At large 22 Edward E. Furash 0
Totals 157 17
More than the required two - thirds having voted in favor, the motion
is adopted. 9:40 P.M.
The Moderator stated that Article 10 was now before the meeting. (The motion
had been passed at the March 22, 1978 session that Article 10 be taken up after
Article 19.) (See Page 291.)
Article 10. Margery M. Battin moved that this article be indefinitely postponed.
Carried Unanimously. 9:40 P.M.
Article 20. Presented by Margery M. Battin.
MOTION: That the unused borrowing authorizations voted under Article
74 of the warrant for the 1968 Annual Town Meeting, Article 4 of the
warrant for the January 11, 1971 Special Town Meeting and Article 23
of the warrant for the 1973 Annual Town Meeting are hereby rescinded.
Carried Unanimously. 9:42 P.M.
Article 21. (See Page 299.)
Robert B. Kent moved that Article 22 be taken up out of order at this time.
Carried Unanimously. 9:43 P.M.
Article 22. Presented by Robert B. Kent.
MOTION: That the Treasurer with the approval of the Selectmen be
authorized to issue Highway Reimbursement Notes of the Town in the
amount of $60,000.00 under G.L. c.44, s.6 as amended in anticipation
of reimbursement by the commonwealth for highway construction under
the authority of Chapter 90 of the General Laws as funded by Chapter
356 of the Acts of 1977 for all or any part of the section of Adams
Street from East Street to the Burlington line. Notes issued for a
shorter period than two years may be refunded by the issue of new
notes maturing within two years from the date of the original obli-
gation. That in development of plans for reconstruction of Adams
Street, the Selectmen are hereby requested to confer at every stage
with the citizens living in the neighborhood.
9:43 P.M.
Mr. Kent stated that the Board of Selectmen have not endorsed the
plan by the state but have designated that Adams Street would be a
Chapter 90 street. 9:47 P.M.
r
(Adjourned Town Meeting - March 27, 1978.)
Article 22. Edward W. Jervis, Jr. spoke at length in opposition to this article
(Cont.) and asked that two other residents of Adams Street, Robert E. Bayliss
and Vern Countryman, be allowed to speak from the balcony. Permission
was granted and both voiced their opposition. All three realize that
Adams Street needs safety improvements, and they are not opposed to
this, but do oppose, as well as 40 others out of 44 abutters who have
signed a petition, the extent of the widening and the traffic problems
that will result. 10 :08 P.M.
Fred C. Bailey, speaking in favor of the motion, commented that
Chapter 90 streets will not be put in where the neighbors do not want
them. 10:10 P.M.
In answer to Mr. Albert P. Zabin, Mr. Kent gave a breakdown of the
accident rate at the various intersections on Adams Street.
10:12 P.M.
Mr. Kent explained that nothing would he done without consultation
with the abutters and that this motion was just asking for the
blessing of town meeting to proceed with plans.
10 :20 P.M.
Ephraim Weiss moved that Article 22 be amended as follows:
A. Following the words "Acts of 1977," delete the remainder of
that sentence and replace with the words:
"for improvement to that section of Adams Street that intersects
With North Street."
B. Following the preceding, insert the words:
"and for improvement to the remainder of Adams Street to a
width not greater than twenty -four (24) feet."
10:25 P.M.
Mr. Weiss °s motion to amend declared lost by voice vote.
10:38 P.M.
Joyce Hals stated that she would be in favor of the main motion if
the residents would become part of the planning process. Mr. Kent
answered that they would give that guarantee. 10 :47 P.M.
Voice vote on main motion was doubted by the Moderator, therefore he
asked for a standing vote with results as follows:
Precinct In Favor Tellers Opposed
1 11 Stephen W. Doran 4
2 14 Donald D. Wilson 5
3 4 Erna S. Greene 17
4 12 Ruth S. Thomas 5
5 1 Guy W. Doran 17
6 4 Sam V. Nablo 13
7 4 David Reiner 13
8 10 Ione D. Garing 6
9 7 Roy Weinstein 10
At large 14 Edward E. Furash 7
Totals 81 97
Main motion is not adopted. 10:51 P.M.
Margery M. Battin moved that the meeting be adjourned to Wednesday, March 29,
1978 at 8 P.M. in Cary Memorial Hall. Carried by voice vote. 10:52 P.M.
A true copy.
Attest:
`7z n �.
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - MARCH 29, 1978
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr.., at
8:03 P.M. in Cary Memorial Hall.
There were 186 Town Meeting Members present.
The invocation was offered by Dr. Alvin Porteous, Pastor of the First Baptist
Church. 8:04 P.M.
Article 2. James M. McLaughlin moved that the Report of the Committee Established
Under Article 62 of the 1977 Annual Town Meeting (Recording votes at
Town Meeting) be accepted, placed on file and the committee discharged.
Carried Unanimously. 8:05 P.M.
Stephen Michael Politi moved that the Report of the 1977 - 1978
Cary Lecture Committee be accepted and placed on file.
Carried Unanimously. 8:05 P.M.
The Moderator declared the meeting open on Article 21.
Article 21. Presented by Alfred S. Busa.
MOTION: That the sum of $116,700.00 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the Depart-
ment of Public Works, and that such amount be transferred from
available and anticipated P.L. 92 -512 as amended by P.L. 94 -488
funds (General Revenue Sharing Funds).
8:06 P.M.
Mr. Busa listed the equipment to be purchased and to be turned in.
8 :14 P.M.
Carried Unanimously. 8:14 P.M.
Article 22. (See Pages 297 & 298.)
Article 23. Presented by Mary W. Miley.
MOTION: That the sum of $35,000.00 be appropriated for engineering
services for a comprehensive study of the Town's drainage system,
and that such amount be raised in the tax levy.
8:15 P.M.
Mrs. Miley commented that this is the third of a six part request and
that the study would be reviewed by the Board of Selectmen, Department
of Public Works and other interested people in the town.
8:18 P.M.
In response to a question raised by William E. Bicknell, Mrs. Miley
said that the Planning Board and the Conservation Commission do
support the concept and this was confirmed by Albert P. Zabin,
Chairman of the Planning Board and David G. Williams, Chairman of the
Conservation Commission. 8:24 P.M.
Motion, as presented by Mrs. Miley, carried unanimously.
8:24 P.M.
Article 24. Presented by Mary W. Miley.
MOTION: That the sum of $25,000.00 be appropriated for engineering
services for an inflow infiltration study of the Town's sewer system,
that such amount be raised in the tax levy, and, in addition, that
the Selectmen be authorized to apply for, accept, expend and borrow
in anticipation of federal and state aid for the project.
8:25 P.M.
i
(Adjourned Town Meeting - March 29, 1978.)
Article 24. There was general discussion, with many questions being answered by
(Cont.) Robert M. Hutchinson, Jr., Town Manager and Assistant Town Engineer,
William J. Martin. Mr. Martin also explained the difference of direct
inflow, indirect inflow and infiltration.
Motion as presented by Mrs. Miley declared carried unanimously.
9:08 P.M.
Article 25. Presented by Margery M. Battin.
MOTION: That the sum of $30,000.00 be appropriated for Westview
Cemetery of which $24,000.00 shall be used for development of the
cemetery and $6,000.00 shall be used for engineering and archi-
tectural fees for an appropriate cemetery building, under the super-
vision of the Permanent Building Committee, and that to raise such
amount $24,000.00 shall be transferred from Westview Cemetery Sale
of Lots Fund and $6,000.00 be raised in the tax levy.
9 :09 P.M.
Mrs. Battin said that this is the third year of a twenty -five year
development plan. The $6,000.00 appropriation is for architectural
services for a sales and storage building. The cost of the structure
will be approximately $30,000.00 and will be assigned to the Permanent
Building Committee. 9:11 P.M.
Ione D. Garing commented that she had heard that this building was to
be a future chapel and she did not feel that the town should pay for
a chapel. Mrs. Battin responded that the plan, at this time, is not
for a chapel but maybe it would be in the future.
9:13 P.M.
Donald B. White, Chairman of the Appropriation Committee moved that
Article 25 be amended as follows to read:
"That the sum of $24,000.00 be appropriated for Westview Cemetery to
be used for development of the cemetery, and that to raise such amount
$24,000.00 shall be transferred from Westview Cemetery Sale of Lots
Fund." 9:13 P.M.
Substitute motion, as presented by Mr. White, declared carried by
voice vote. 9:16 P.M.
Substitute motion, which is now the main motion, now reads:
(Motion MOTION. That the sum of $24,000.00 be appropriated for Westview
as Cemetery to be used for development of the cemetery, and that to
adopted) raise such amount $24,000.00 shall he transferred from Westview
Cemetery Sale of Lots Fund.
Substitute motion, which is now the main motion, declared carried
unanimously. 9:16 P.M.
Article 26. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they are hereby authorized to
acquire by purchase, eminent domain or otherwise for cemetery
purposes all or any part of land shown as Lot 9 on Assessors' Property
Map 85 and described in deed recorded in Middlesex South Registry of
Deeds, Book 9697, Page 566, now or formerly of Chin Ming and Chin
Yuen Fee; to appropriate for such acquisition the sum of $70,000.00;
and to raise such amount the Treasurer with the approval of the
Selectmen be authorized to borrow $70,000.00 under G.L. c.44, s.7(8)
as amended.
Carried Unanimously. 9:21 P.M.
(Adjourned 'Town Meeting - March 29, 1978.)
Article 27. Presented by Robert B. Kent.
MOTION: That the sum of $20,000.00 be appropriated to recondition a
fire truck for the Fire Department, that such amount be raised in the
tax levy, and that the Town Manager be authorized to trade in or sell
another fire truck with the proceeds to be applied to the recondition-
ing project. 9:22 P.M.
Mr. Kent explained that engine ##3 would be reconditioned and an older
engine #1 would be sold. The reconditioned engine #3 should last
another fifteen years whereas purchasing a new engine would cost
approximately $80,000.00. 9:23 P.M.
Chief Fire Engineer, John D. Bergeron explained the merits of this
plan also but there was opposition from various members claiming it
was sheer folly to recondition this old engine and also, rather than
selling the old engine #1, it should be saved and used for spare
parts. 9:37 P.M.
Donald B. White stated that the Appropriation Committee supported
this article. 9:38 P.M.
Motion, as presented by Mr. Kent, declared carried by voice vote.
9:38 P.M.
James M. McLaughlin served notice of reconsideration. of Article 27. 9:38 P.M.
Article 28. Presented by Mary W. Miley.
MOTION: That the sum of $45,000.00 be appropriated for providing
(See curbside collection of recyc.l.ables, and that such amount be raised
page in the tax levy. 9:39 P.M.
310
for Mrs. Miley stated that 20,000 tons of waste per year goes into the
motion landfill and the revenue from the recycling this year has been
as $37,604.00. 9:46 P.M.
adopted)
Wiltrud R. Mott -Smith moved that Article 28 be amended to read,
following the words "raised in the tax levy" (comma)
"provided that the disposal of these recyclables other than through
curbside collection or in designated receptacles at the sanitary
landfill shall be prohibited."
9:48 P.M.
Mrs. Mott -Smith requested permission for John Rankin, who had asked
her to present this motion, to speak from the balcony. Permission
was granted and Mr. Rankin gave an explanation of the motion.
9:50 P.M.
The Moderator doubted the voice vote on Mrs. Mott - Smith's amendment
and therefore asked for a standing vote. 9:55 P.M.
Richard A. Michelson moved for a roll call vote and, at the request of
the Moderator, the following standing vote was taken on the motion for
a roll call vote:
Precinct Tellers In Favor
1 Stephen W. Doran 5
2 Donald D. Wilson 5
3 Erna S. Greene 4
4 Ruth S. Thomas 4
5 Guy W. Doran 4
6 Sam V. Nablo 4
7 David Reiner 3
8 Ione D. Caring 9
9 Roy Weinstein 7
At large John R. Campbell 5
Total 50
9:58 P.M.
(Adjourned Town Meeting - March 29, 1978.)
Article 28. As there were fifty members requesting a roll call vote on the motion
(Cont.) to amend, as offered by Mrs. Mott - Smith, the Moderator called for the
roll call vote.
The roll call vote on Mrs. Mott - Smith's motion to amend Article 28
was taken by the Town Clerk, Mary R. McDonough, starting at 10:01 P.M.
and completed at 10:15 P.M. with the result as follows: (Final result
announced by the Moderator at 10:18 P.M.)
ROLL CALL VOTE ON AMENDMENT ON ARTICLE 28
PRECINCT ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, Sheila M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Homer J. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr_. x
Manning, Bernice x
Reed, Haskell W. x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela M. x
Zabi.n., Albert P. x
Zabin, Judith L. x
TOTALS 7 13 0 1
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Hadley, William P. x
MacArthur, Lillian T. x
McIver, Mary M. x
Michelman, Frank I. x
Mott- Smith, Wiltrud R. x
O'Brien, Edward x
O'Neil, William J. x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 10 9 0 2
(Adjourned Town Meeting - March 29, 1978.)
Article 28. ROLL CALL VOTE ON AMENDMENT ON ARTICLE 28 (Cont.)
(Cont.)
PRECINCT THREE YES NO ABSTAINED ABSENT
Bowyer, Robert A. x
Briggs, Donald H., III x
Briggs, Donald H., Jr. x
Buchfirer, Joy C. x
Busa, Guy D. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Sousa, Richard W x
TOTALS 7 13 0 1
PRECINCT FOUR
Abegg, Gerald L. x
Barnert, Nyles Nathan x
Dailey, William J., Jr. x
Fenn, Dan H., Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Furash, Edward E. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph O. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
TOTALS 13 6 0 2
PRECINCT FIVE
Altman, Barry x
Berchtold, Jane E. x
Brown, Otis S., Jr. x
Burrell, Arthur E. x
Cravis, Howard x
Cupp, Wallace x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Graham, Donald M. x
Hamburger, Paul E. x
Jervis, Edward W., Jr. x
McCormack, George F. x
Patkin, Judith K. x
Shaughnessy, Madeline A. x
(Adjourned Town Meeting - March 29, 1978.)
Article 28. ROLL CALL VOTE ON AMENDMENT TO ARTICLE 28 (Cont.)
(Cont.)
PRECINCT FIVE (Cont.) YES NO ABSTAINED ABSENT
Silverman, Sam x
Taylor, Lloyd D. x
Weiss, Ephraim x
Williams, David G. x
TOTALS 11 8 0 2
PRECINCT SIX
Bailey, Fred C. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Crothers, Joan P. x
Downey, John F., Jr. x
Hall, Harry A., III x
Harvell, John T. x
Kenney, Allan F. x
Marshall, Paul W. x
McDevitt, James J. x
Moore, H. Bigelow x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 15 4, 0 2
PRECINCT SEVEN
Bond, Robert E. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gil-son, Lloyd x
Gordon, Clarice B. x
Grace, Leo J. x
Kalil, Marthur H. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Sullivan, Richard L. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn M. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Whitman, Allen Lee, Jr. x
Wood, Martha C. x
TOTALS 15 6 0 0
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Burbidge, Robert J. x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x
(Adjourned Town Meeting - March 29, 1978.)
Article 28. ROLL CALL VOTE ON AMENDMENT TO ARTICLE 28 (Cont.)
(Cont.)
PRECINCT EIGHT (Cont.) YES NO ABSTAINED ABSENT
Mancini, Anthony L. x
McCabe, Christopher x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Plasse, Paul A. x
Richardson, Albert S., Jr. x
Sarmanian, Jack x
Scanlon, Temple E. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
TOTALS 8 11 0 2
PRECINCT NINE
Albertine, Donald F. x
Barnes, Gordon E., Jr. x
Buckley, James J. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Hinkle, Alice M. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 11 9 0 1
AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 0 7 2 0
(Adjourned Town Meeting - March 29, 1978.)
Article 28. ROLL CALL VOTE ON AMENDMEN TO ARTICLE 28 (Cont.)
(Cont.)
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 7 13 0 1 21
Precinct Two 10 9 0 2 21
Precinct Three 7 13 0 1 21
Precinct Four 13 6 0 2 21
Precinct Five 11 8 0 2 21
Precinct Six 15 4 0 2 21
Precinct Seven 15 6 0 0 21
Precinct Eight 8 11 0 2 21
Precinct Nine 11 9 0 1 21
At Large 0 7 2 0 9
TOTALS 97 86 .2 13 198
Amendment to Article 28, as offered by Wiltrud R. Mott- Smith, declared
adopted. 10:18 P.M.
Mary W. Miley served notice of reconsideration of the amendment offered under
Article 28 by Wiltrud R. Mott - Smith. 10 :19 P.M.
Article 28. Manfred P. Friedman moved that Article 28 be tabled. 10:22 P.M.
(Cont.)
Motion to table Article 28 declared carried by voice vote. 1.0:22 P.M.
(See Pages 308 - 310 inc. See Page 310 for motion as adopted)
Article 29. Presented by Mary W. Miley.
MOTION: That the sum of $40,000.00 be appropriated for engineering
studies relating to the feasibility of constructing a solid waste
transfer station and for plans and specifications for such a facility,
and that such amount be raised in the tax levy.
10:23 P.M.
After Mrs. Miley gave a short explanation, Donald B. White stated
that the Appropriation Committee opposed this article. 10:27 P.M.
Although the Town Manager, Robert M. Hutchinson, Jr., explained that
this money might not have to be spent, that it was being requested in
case a transfer station had to be built and that it showed the town's
good faith to the state, there was much opposition from the members
and many questions were raised. In response to a question from
Manfred P. Friedman whether this transfer station would be just for
the Town of Lexington or whether it could be used by other. towns,
Mr. Hutchinson said that it could service other towns but at this
point it would be built, if necessary, for Lexington.
10:56 P.M.
William M. Fraser moved that Article 29 be recommited to the Board of
Selectmen (to no time certain as noted by the Moderator, so that it
could come to the meeting next Monday or at any time) but this motion
was defeated by voice vote. 11:08 P.M.
Patricia K. Hagedorn presented a substitute motion as follows:
MOTION: That the sum of $40,000.00 be appropriated for engineering
studies relating to solid waste disposal and that such amount be
raised in the tax levy. 11:19 P.M.
After general discussion the Moderator asked for a voice vote on
Mrs. Hagedorn's motion, and, when in doubt of the result, he asked
for a standing vote, results as follows:
(Adjourned Town Meeting - March 29, 1978.)
Article 29. Standing vote on Mrs. Hagedorn's substitute motion:
(Cont.)
Precinct In Favor Tellers Opposed
1 4 Stephen W. Doran 10
2 6 Donald D. Wilson 13
3 14 Erna S. Greene 5
4 2 Ruth S. Thomas 15
5 2 Guy W. Doran 16
6 9 Sam V. Nablo 7
7 7 David Reiner 10
8 4 Ione D. Garing 11
9 13 Roy Weinstein 4
At large 3 John R. Campbell 14
Totals 64 105
motion
Mrs. Hagedorn's substitute /was not adopted. 11:33 P.M.
The Moderator stated that the main motion, as presented by Mary W.
Miley, was now before the meeting.
John F. Downey, Jr. moved the previous question which was declared
carried by voice vote. 11:34 P.M.
The Moderator declared the main motion adopted, by voice vote which
was doubted by more than twenty members, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1 5 Stephen W. Doran 9
2 13 Donald D. Wilson 5
3 10 Erna S. Greene 8
4 10 Ruth S. Thomas 7
5 10 Guy W. Doran 8
6 13 Sam V. Nablo 2
7 13 David Reiner 4
8 9 Ione D. Garing 6
9 8 Roy Weinstein 9
At large 11 John R. Campbell 9
Totals 102 67
Main motion, as presented by Mary W. Miley, declared adopted.
11:37 P.M.
Frank Sandy serves notice of reconsideration of Article 29. 11:37 P.M.
Margery M. Battin moved that the meeting be adjourned to Monday, April 3, 1978
at 8 P.M. in Cary Memorial Hall.
Carried Unanimously. 11:38 P.M.
A true copy.
-' Attest:
up ✓YfJ� An,�
Mary R. McDonough, Town Clerk
0 ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 3, 1978
In the absence of the Moderator, Lincoln P. Cole, Jr. (State Representative
Cole was at the State House at a legislative session), Town Clerk, Mary R. McDonough
called the meeting to order at 8:03 P.M. in Cary Memorial Hall.
In accordance with Article v, Section 1 of the General By -Laws of the Town of
Lexington the next order of business was to elect a Temporary Moderator for this
session of town meeting. The Town Clerk asked for nominations from the floor.
Margery M. Ba.ttin nominated Robert B. Kent. James M. McLaughlin nominated Stephen
Michael Politi who declined the nomination. After hearing no more nominations,
the Town Clerk announced that nominations were closed. On a voice vote, Robert
B. Kent was declared Temporary Moderator for this session of town meeting and
was sworn to the faithful performance of his duties by the Town Clerk at 8:05 P.M.
In the absence of a clergyman, Fred C. Bailey, Town Meeting Member from
Precinct 6, offered the invocation. 8:06 P.M.
There were 183 Town Meeting Members present.
Mary W. Miley moved that Article 28 be taken from the table which was
declared carried by voice vote. 8:07 P.M.
(See Pages 301 - 306 inc.)
Article 28. In response to a question raised by Lilah H. Groisser, the Temporary
Moderatos_ ruled that the amendment, as offered by Mrs. Mott -Smith
at the March 29, 1978 session of this town meeting, was within the
(See scope of the article. 8:09 P.M.
Page
310
for Mary W. Miley moved for reconsideration of the amendment offered by
motion Wiltrud R. Mott- Smith. 8:10 P.M.
as
adopted) Mrs. Miley stated that, if the amendment as offered by Mrs. Mott-
Smith is adopted, the Board of Selectmen would have difficulty in
enforcement and also that many people in the town have contracts
with private contractors and this would create problems. She
urged reconsideration and then defeat of the amendment in order that
the Selectmen could offer another amendment. 8:12 P.M.
At the request of two members, the Temporary Moderator read the
main motion and the amendment as follows:
Main motion, as presented by Mrs. Miley on March 29, 1978:
MOTION: That the sum of $45,000.00 be appropriated for providing
curbside collection of recyclables, and that such amount be raised
in the tax levy.
Amendment to main motion, as presented by Mrs. Mott -Smith on
March 29, 1.978:
MOTION: That Article 28 be amended to read, following the words
"raised in the tax levy" (comma)
"provided that the disposal of these recyclables other than through
curbside collection or in designated receptacles at the sanitary
landfill shall be prohibited."
8:2.5 P.M.
Mr. Kent commented that the time for discussion on a motion to
reconsider is thirty minutes and that that time had almost expired.
8:37 P.M.
Fred C. Bailey, former member of the Board of Selectmen, stated that
if the amendment was adopted, it would create an impossible situation
for the Selectmen. On March 29, 1978 he voted for this amendment,
but after giving it a great deal of thought, lie now feels differently
and will vote agai_nsL it. 8:38 P.M.
(Adjourned Town Meeting - April 3, 1978.)
Article 28. Mary E. Shunney moved the previous question. This motion was
(Cont.) declared carried by voice vote. 8:41 P.M.
Motion to reconsider Mrs. Mott- Smith's amendment declared carried
by voice vote. 8:41 P.M.
The Temporary Moderator stated that the motion on the floor at this
time is the amendment as offered by Mrs. Mott -Smith as an amendment
to the main motion. 8:42 P.M.
Sam Silverman questioned the Selectmen relative to putting a time
certain in their amendment when it is offered. Mrs. Miley responded
that the Selectmen had discussed a time certain, but felt that it
would be better if they appointed people who are interested to come
back at the next town meeting with a proposal. 8:47 P.M.
Alien Lee Whitman, Jr. moved to amend the amendment by adding the
words "and the implementation of this vote shall be as the Selectmen
shall determine." 8:47 P.M.
The question before the meeting, according to the Temporary Moderator,
is Mr. Whitman's motion to amend. 8:50 P.M.
Mrs. Miley stated that four members of the Board of Selectmen (the
fifth member being Temporary Moderator, Robert B. Kent who declined
comment) were opposed to this amendment as offered by Mr. Whitman,
8:53 P.M.
Mr. Whitman's motion to amend declared lost by voice vote. 8:53 P.M.
Wiltrud R. Mott -Smith moved to amend by substitution. She moved
to strike motion to amend by substituting: after "tax levy ",
remove period, add comma
"and that the Selectmen be requested to present to the next Annual
Town Meeting a plan for mandatory recycling, together with such
alternative recycling plans as they may find suitable."
8:58 P.M.
Mr. Kent stated that the question now comes on motion to substitute.
8:58 P.M.
Iris E. Larssen moved the previous question which was declared carried
by voice vote. This vote was doubted by more than twenty members, so
a standing vote was to be taken. 9:03 P.M.
In order that the meeting would be aware of the order of business, the
Temporary Moderator explained that the standing vote would be to see
if the question should now be put before the meeting. If the previous
question motion is adopted, the next would be the motion to substitute.
Next would be to vote on the survivor of the two amendments. Then
the vote would be on the main motion with amendment or not.
9:03 P.M.
Standing vote on previous question:
Precinct In Favor Tellers Opposed
1 16 Stephen W. Doran 2
2 11 Donald D. Wilson 7
3 14 Erna S. Greene 6
4 18 Ruth S. Thomas 0
-- 5 14 Guy W. Doran 5
6 10 Sam V. Nablo 7
7 10 David Reiner 7
8 14 Ione D. Garing 2
9 11 Roy Weinstein 3
At large 13 Harry A. Hall, III 3
Totals 131 42
Previous question motion declared adopted. 9:08 P.M.
(Adjourned Town Meeting - April 3, 1978.)
Article 28. Mrs. Mott- Smith's motion to substitute a motion for her first amendment
(Cont.) declared carried by voice vote. 9:10 P.M.
Mrs. Mott - Smith's substitute motion declared carried by voice vote.
9:12 P.M.
Main motion, as amended, now reads:
(Motion MOTION: That the sum of $45,000.00 be appropriated for providing
as curbside collection of recyclables, and that such amount be raised
adopted) in the tax levy, and that the Selectmen be requested to present to
the next Annual Town Meeting a plan for mandatory recycling, together
with such alternative recycling plans as they may find suitable.
Main motion as presented by Mrs. Miley and - amended by Mrs. Mott -
Smith declared adopted. 9:19 P.M. (Adopted by voice vote)
Article 29. (See Pages 306 & 307.)
Article 30. James F. Crain moved that Article 30 be postponed until the Temporary
Moderator, Robert B. Kent is available and further moved that Article
31 be taken up at this time.
Carried Unanimously. 9:20 P.M.
(See Page 313.)
Article 31. Presented by James F. Crain.
MOTION: That the sum of $2,000.00 be appropriated, in addition to the
amount appropriated under Article 71 of the warrant for the 1974
annual town meeting, to be placed in a special fund to pay employees
of the Town who perform off -duty work details related to their
regular employment as provided in G.L. c.44 s53C, and that such amount
be raised in the tax levy.
Carried Unanimously. 9:22 P.M.
Article 32. Presented by Margery M. Battin.
MOTION: Whereas more than 4,000 persons in Lexington are 60 years of
age or older, (greater than 100 of the population) and there is no
adequate space currently available in Lexington for said Senior Citizens
to meet on a daily basis, and whereas a Senior Center would help
alleviate loneliness for the many senior citizens who live by them-
selves, provide intellectual stimulation, provide a place to develop
and pursue .interests, provide a place to congregate for meals, and
provide information and referral; and whereas spaces are needed as a
day care center for the frail elderly to help them maintain themselves
in their own home environment. Therefore, this Town Meeting .resolves
to request prompt action by the Board of Selectmen and the Senior
Center Site Committee to develop a plan for permanent, and if necessary,
temporary facilities to serve adequately the needs of our senior
citizens as set forth above. It is further resolved that a written
progress report is requested on or before May 15, 1978.
9:24 P.M.
William Sen, Chairman of the Council on Aging, was recognized at the
request of Roy Weinstein, Town Meeting Member and also a member of
the Council on Aging. Mr. Sen spoke to the needs of the elderly and
of the necessity of having a first floor office for the CoA rather
than the second floor of the Visitors Center as they presently have.
9:35 P.M.
Mrs. Battin commented that the Board of Selectmen unanimously supports
this article and that they have appointed the Senior. Center Site
Committee to study the various sites and that they are to report back
to the Board with, a progress report by May 15, 1978.
9:35 P.M.
(Adjourned Town Meeting - April 3, 1978.)
Article 32. Joseph O. Rooney, Chairman of the Lexington Housing Authority,
(Cont.) commented that the facilities at Greeley Village and Vynebrooke
Village were for their own use only and that requests for their use
had been denied in the past. This was in response to former housing
authority member Daniel E. Power who felt that these facilities could
be utilized.
After much discussion, Harry A. Hall, III moved the previous question
which was declared carried by voice vote. 10:05 P.M.
- -, Main motion, as presented by Mrs. Battin, declared carried by voice
vote. 10:05 P.M.
Article 33. Presented by Margery M. Battin.
MOTION: That this article be referred through the Selectmen to the
Senior Center Site Committee for study, with the request that a
written progress report be rendered on or before May 15, 1978.
Carried Unanimously. 10:06 P.M.
Article 34. Presented by Otis S. Brown, Jr.
MOTION: That the care, custody, management and control of the Parker
(Motion School and the land adjoining it be transferred from the School Depart -
as ment to the Board of Selectmen effective August 1, 1978; to appropriate
adopted) for such care, custody, management and control the sum of $10,000.00
therefor; that such amount be raised in the tax levy; and that the
School Committee be authorized to dispose of surplus personal property
and material in connection with the transfer of surplus buildings and
the use of remaining buildings.
10:07 P.M.
Mr. Brown explained that this motion is a result of a vote of the
School Committee on February 14, 1978 to close Parker School.
10:07 P.M.
Mary W. Miley stated that the Board of Selectmen supported this
motion and one of the reasons that there was an increase in the
appropriation over what was asked for the closing of the Hancock
School last year is that this school may need to be boarded up.
10:08 P.M.
Weiss
Ephraim /moved to amend the motion by deleting the words "and the use
of remaining buildings." 10:10 P.M.
Mr. Weiss's motion to amend was declared lost by voice vote. 10:17 P.M.
Norman P. Cohen, Town Counsel, stated that the motion was not a mis-
print and that it was worded as the Superintendent of Schools and the
School Committee wished. This was in response to a question raised by
Allen Lee Whitman, Jr. 10:18 P.M.
The reason for the wording, as explained by Mr. Brown and later by
Patricia A. Swanson, both members of the School Committee, was to
allow the committee to sell, by putting out to bids, surplus property
such as desks, chairs etc. 10:18 P.M.
Sam Silverman moved that following the words "effective August 1, 1978"
the following is inserted: Such custody and control to be exercised
in such manner as to maintain land and building for public use.
10:19 P.M.
Mr. Silverman, after consultation with Town Counsel, said that if
there were no objections, which there were not, he would change the
wording of his amendment by inserting these words in place of the
words in his original amendment: It is the desire of this town
meeting that a public use ultimately be found for this land and
building. Mr. Silverman's motion to amend the main motion declared
lost by voice vote. 10:33 P.M.
(Adjourned Town Meeting - April 3, 1978.)
Article 34. Arthur C. Smith moved that the words "not exceeding one thousand
(Cont.) dollars in value" be inserted following the phrase "surplus personal
property and material ". This motion was declared lost by voice vote.
10:34 P.M.
Robert I. Rotberg asked what "and the use of remaining buildings"
means. Norman P. Cohen, Town Counsel, answered that it does what the
School Superintendent and the School Committee wants because they
have surplus property in other schools. 10:36 P.M.
Sheila M. Busa moved the previous question, which was declared carried
by voice vote. 10:37 P.M.
Main motion, as presented by Mr. Brown, declared carried unanimously.
10:.38 P.M.
Margery M. Battin moved that the meeting be adjourned to Wednesday, April 5,
1978 at 8 P.M. in Cary Memorial Hall which was declared carried by voice vote.
10:38 P.M.
A true copy.
Attest:
Mary.R. McDonough, Town Clerk
ADJO URNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 5, 1978
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:03 P.M.
in Cary Memorial Hall.
There were 181 Town Meeting Members present.
Invocation offered by Rev. S. Michael Hahm, Pastor of the Lexington Methodist
Church. 8:06 P.M.
Margery M. Battin, stated that the Board of Selectmen would recommend, if town
meeting did not finish next week, that there be no town meetings during the week
- - -- of school vacation April 17 - 21, 1978. 8:07 P.M.
The Moderator stated that the meeting is open on Article 30. (See Page 310.)
Article 30. MOTION: That the sum of $15,000.00 be appropriated in addition to
money previously appropriated, for a revaluation of all taxable
(Presented property in the Town, and that such amount be raised in the tax levy.
by 8:07 P.M.
Robert B.
Kent) Mr. Kent explained that $46,000.00 has been appropriated in the last
three years ($30,000.00 in 1975; $15,000.00 in 1976; $1,000.00 in
1977) and that the estimated cost of professional services to
adequately reassess Lexington property is $160,000.00. The last
full revaluation was done in 1962 and since that time 1,322 single
family homes have been added. As this revalutation is mandated by
the state, a suit against twenty -three communities has been brought
by the state because of their failure to revalue. The appropriation
by the Town of Lexington does not guarantee that a suit wont be brought
against the town by the state but it does show a measure of their good
faith. Mr. Kent further explained the need foraperiodic professional
inventory and felt that that time is approaching. Approximately 6%
of the valuation of the town is beyond the reach of the Assessors -
this is utility property. 8:13 P.M.
In response to a question raised by Ephraim Weiss, Thomas M. Wenham,
Clerk to the Board of Assessors, explained that when everything is
updated the town intends to go to computerization. Mr. Kent commented
that the Board of Selectmen have asked the Town Manager to study
computerization with other departments of the town as well as the
Assessors office. 8 :25 P.M.
James J. McDevitt questioned whether the town would be complying with
the law by reassessing property built since 1962. He felt that this
could result in a savings for the town. Mr. Kent answered that there
are variations in value with older homes because of additions,
depreciation etc, so this would not be practical or feasible.
8:27 P.M.
Main motion, as presented by Mr. Kent, carried unanimously. 8:33 P.M.
Article 35. Presented by Judith J. Uhrig.
(Motion MOTION: That the sum of $45,000.00 be appropriated for final plans
as and specifications for an outdoor swimming pool complex at the present
adopted) site of the Centre Pool Complex, under the supervision of the Permanent
Building Committee, and that such amount be raised in the tax levy.
8:35 P.M.
- Mrs. Uhrig said that this is the second stage of the Centre Pool
Complex and gave the history of the pool. 8:42 P.M.
Frederick David Wells, Jr., a member of the Recreation Committee,
showed slides of the plans as he gave a further explanation. Cost
estimates, as prepared by Sasaki Associates, Inc., were given as
$682,000.00. 8:53 P.M.
At the request of Georgia S. Glick, Mrs. Eileen Spencer, a Lexington
resident, was recognized from the balcony and she spoke of the needs
of the physically handicapped and mentally retarded. 8:56 P.M.
(Adjourn Town Meeting - April 5, 1978.)
Article 35. Alfred S. Busa moved to amend the motion by striking the sum of
(Cont.) $45,000.00 and substituting therefor the sum of $35,000.00.
8:57 P.M.
After general discussion, Sam Silverman asked for a waiver on the
time limitation for discussion on the amendment. The Moderator
stated that there is no provision in the Town of Lexington General
By -Laws, and therefore, in accordance with Roberts Rules, the rules
cannot be suspended. 9:10 P.M.
Allen Lee Whitman, Jr. asked if the amendment could be withdrawn
and Alfred S. Busa withdrew his motion to amend as there were no
objections from the meeting. 9:11 P.M.
Margery M. Battin said that three members of the Board of Selectmen
supported Mrs. Uhrig's motion. 9:17 P-M.
Selectman James F. Crain commented that he realized the need for the
improvements at the Centre Pool Complex but was concerned with the
costs. 9:23 P.M.
Donald E. White, Chairman of the Appropriation Committee, stated that
a majority of the committee supported the $45,000.00. They realize
that something must done but they are also concerned about the high
costs and therefore, they also support Mr. Busa's motion to amend.
9:33 P.M.
Alfred S. Busa again presented his motion to amend by striking the
sum of $45,000.00 and substituting therefor the sum of $35,000.00.
9:35 P.M.
Albert P. Zabin stated that a majority of the Planning Board supports
the main motion and are opposed to the amendment.
9:40 P.M.
Allen Lee Whitman, Jr. requests that a standing vote be taken on the
motion to amend. 9:47 P.M.
Standing vote on amendment as follows:
Precinct In Favor Tellers Oppo
1 13 Stephen W. Doran 4
2 7 Donald D. Wilson 10
3 2 Erna S. Greene 16
4 2 Ruth S. Thomas 16
5 7 Guy W. Doran 12
6 2 Sam V. Nablo 15
7 2 David Reiner 14
8 9 Ione D. Garing 6
9 5 Roy Weinstein 11
At large 8 Edward E. Furash 11
Totals 57 115
Mr. Busa's motion to amend was not adopted. 9:50 P.M.
The Moderator stated that the main motion is now before the meeting.
Albert S. Richardson, Jr. requests that a standing vote be taken on
the main motion. 9:50 P.M.
Marian C. Reilly moved that the motion under Article 35 be amended by
striking the words an outdoor and substitute the word a and after the
word complex to add the following words: of which at least the main
pool, the diving pool and the locker room will be enclosed and made
suitable for year around use. 9:54 P.M.
Daniel E. Power moved the previous question which was declared carried
by voice vote. 9:59 P.M.
(Adjourned Town Meeting - April 5, 1978.)
Article 35. Mrs. Reilly's motion to amend declared lost by voice vote. 10 P.M.
(Cont.)
Stephen W. Doran moved that a roll call vote be taken on the main
motion. 10 P.M.
The Moderator asked for a standing vote for those in favor of a
roll call vote, results as follows:
Precinct Tellers In Favor
1 Stephen W. Doran 13
2 Donald D. Wilson 10
3 Erna S. Greene 9
4 Ruth S. Thomas 8
5 Guy W. Doran 7
6 Sam V. Nablo 1
7 David Reiner 6
8 Ione D. Garing 8
9 Fred D. Rosenberg 6
At large Edward E. Furash 6
Total 74
More than the required fifty members having voted in favor of a roll
call vote, the Moderator declared that a roll call would be taken on
the main motion offered under Article 35.
The roll call vote on the main motion offered by Judith J. Uhrig was
taken by the Town Clerk, Mary R. McDonough, starting at 10 :02 P.M.
and completed at 10:13 P.M. with the result as follows: (Final result
announced by the Moderator at 10:18 P.M.
ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35
PRECINCT ONE YES NO A BSTAINED ABSENT
John T. Avery x
James E. Barry x
Vito M. Bellino x
Sheila M. Busa x
William A. Busa x
James Cataldo x
Ralph A. Cataldo x
William R. Cataldo x
Sheila Clemon -Karp x
Stephen W. Doran x
Homer J. Hagedorn x
Patricia K. Hagedorn x
Evangeline Legassie x
William E. Maloney, Jr. x
Bernice Manning x
Haskell W. Reed x
Barry E. Sampson x
Benny A. Santosuosso x
Pamela M. Stone x
Albert P. Zabin x
Judith L. Zabin x
Totals 6 12 0 3
PRECINCT TWO
Nancy Abelmann x
William E. Bicknell x
Julian J. Bussgang x
Elizabeth H. Clarke x
Eric T. Clarke x
Norman N. Connolly x
William P. Hadley x
Lillian T. MacArthur x
Mary M. McIver x
Frank I. Michelman x
Wiltrud R. Mott -Smith x
Edward O'Brien x
(Adjourned Town Meeting - April 5, 1978.)
Article 35. ROLL CALL VOTE ON MAIN MOTIO O FFERED UNDER ARTICLE 35 (Cont.)
(Cont.)
PRECINCT TWO (Cont.) YES NO ABSTAINE ABSENT
William J. O'Neil x
Michael J. O'Sullivan x
Elizabeth H. Pressman x
Arthur C. Smith x
Patricia A. Swanson x
Judith J. Totman x
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x
Totals 13 5 0 3
PRECINCT THREE
Robert A. Bowyer x
Donald I1. Briggs, III x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
Guy D. Busa x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Jean Gaudet x
Erna S. Greene x
Li.lah H. Groisser x
Gloria V. Holland x
Jeanne K. Krieger x
John J. McWeeney x
James P. Reilly x
Marian C. Reilly x
William A. Ridgley x
Paul V. Riffin x
Marie E. Roberts x
Robert I. Rotberg x
Richard W. Souza x
Totals 12 7 0 2
PRECINCT FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
William J. Dailey, Jr. x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fr.icker x
Edward E. Furash x
Martin A. Gilman x
Georgia S. Glick x
Joyce Hats x
Susan C. Hodgkins x
Daniel L. McCabe x
Richard F. Perry x
Joseph O. Rooney x
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhri_g x
George P. Wadsworth x
Martin K. White x
Totals 16 5 0 0
(Adjourned Town Meeting - April 5, 1978.)
Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.)
(Cont.)
PRECINCT FIVE YES NO ABSTAINED ABSENT
Barry Altman x
Jane E. Berchtold x
Otis S. Brown, Jr. x
Arthur E. Burrell x
Howard Cravis x
Wallace Cupp x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
Edward R. DuBois x
William M. Fraser x
Donald M. Graham x
Paul E. Hamburger x
Edward W. Jervis, Jr. x
George F. McCormack x
Judith K. Patkin x
Madeline A. Shaughnessy x
Sam Silverman x
Lloyd D. Taylor x
Ephraim Weiss x
David G. Williams x
Totals 14 5 0 2
PRECINCT SIX
Fred C. Bailey x
Susan S. Beck x
Margaret N. Brooke x
Levi G. Burnell x
J. Keith Butters x
Joan P. Crothers x
John F. Downey, Jr. x
Harry A. Hall, III x
John T. Harvell x
Allan F. Kenney x
Paul W. Marshall x
James J. McDevitt x
H. Bigelow Moore x
Sam V. Nablo x
Setha G. Olson x
William R. Page x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
Donald B. White x
Totals 18 2 0 1
PRECINCT.SEVEN
Robert E. Bond x
John R. Campbell x
Manfred P. Friedman x
Winifred L. L. Friedman x
- Lloyd Gilson x
Clarice B. Gordon x
Leo J. Grace x
Marthur H. Kalil x
Myron L. Miller x
Alice M. Pierce x
David Reiner x
William J. Scouler x
Richard L. Sullivan x
John E. Taylor x
Roger G. Trudeau x
Jacquelyn H. Ward x
(Adjourned Town Meeting - April 5, 1978.)
Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.
(Cont.)
PRECINCT SEVEN (Cont.) YES NO A BSTAINED ABSENT
John E. Ward x
Graydon M. Wheaton x
Iris G. Wheaton x
Allen Lee Whitman, Jr. x
Martha C. Wood x
Totals 19 2 0 0
PRECINCT EIGHT
Richard H. Battin x
G. Richard Beamon x
Robert J. Burbidge x
John E. Carlson x
Charles E. Connolly x
William P. Fitzgerald x
Ione D. Garing x
Anthony L. Mancini x
Christopher McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
Paul A. Pla.sse x
Albert S. Richardson, Jr. x
Jack Sarmanian x
Temple E. Scanlon x
Frank L. Shunney x
Mary E. Shunney x
Francis W. K. Smith x
Shirley H. Stolz x
Totals 8 9 0 4
PRECI NINE
Donald F. Albertine x
Gordon E. Barnes, Jr. x
James J. Buckley, Jr. x
Jane P. Buckley x
Joan N. L. Collins x
Ronald W. Colwell x
Louis E. Conrad x
James E. Cosgrove x
Anna P. Currin x
Daniel A. DiPietro x
Alice M. Hinkle x
Iris E. Larssen x
Paul E. Mazerall x
Richard M. Perry x
Stephen Michael Politi x
Clifford B. Porter x
Daniel E. Power x
Fred D. Rosenberg x
James J. Scanlon x
Donald J. Shaw x
Roy Weinstein x
Totals 12 5 0 4
(Adjourned Town Meeting - April 5, 1978.
Article 35. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 35 (Cont.)
(Cont.)
AT LARGE YES NO ABSTAINED ABSENT
Margery M. Battin x
Alfred S. Busa x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
James F. Crain x
Robert B. Kent x
Mary R. McDonough x
Mary W. Miley x
Louis A. Zehner x
Totals 4 3 2 0
TOTAL TALLY OF ROLL CALL VOTE
PRECINCT YES NO ABSTAINED ABSENT TOTALS
1 6 12 0 3 21
2 13 5 0 3 21
3 12 7 0 2 21
4 16 5 0 0 21
5 14 5 0 2 21
6 18 2 0 1 21
7 19 2 0 0 21
8 8 9 0 4 21
9 12 5 0 4 21
At large 4 3 2 0 9
Totals 122 55 2 19 198
Main motion as offered by Mrs. Uhrig declared adopted. 10:18 P.M.
Article 36. Judith J. Uhrig moved that the motion under Article 36 be postponed
to Monday, April 10, 1978.
Carried by voice vote. 10:19 P.M.
(See Pages 321 -323 and Page 329 for adopted motion.)
Article 37. Presented by Judith J. Uhrig.
MOTION: That the sum of $15,000.00 be appropriated for the installa-
tion of tennis court lighting on four tennis courts, and that to
raise such amount $3,452.88 be transferred from the unexpended balance
of the amount appropriated under Article 42 of the warrant for the
1974 Annual Town Meeting and $11,547.12 be raised in the tax levy.
10:20 P.M.
James Dhimos, a member of the Recreation Committee, gave an explana-
tion of the motion. 10:33 P.M.
Margery M. Battin, Chairman of the Board of Selectmen and Donald B.
White, Chairman of the Appropriation Committee both stated that their
boards opposed this motion this year. 10:33 P.M.
- Nyles Nathan Barnert, Chairman of the Capita]. Expenditures Comm' „, states
that his committee does not recommend the adoption of this motion as
it would exceed the $60,000 yearly appropriation for the Recreation
Committee that is recommended by the Capital Expenditures Committee.
10:36 P.M.
(Adjourned Town Meetin - April 5, 1978.)
Article 37. Ruth S. Thomas asked if there could be a curfew at 1_0 P.M. for the
(Cont.) use of these lighted courts. She was answered by Mr. Dhimos who
said that at this time there was no timetable for use of the courts.
In response to a question by Christopher McCabe, Mr. Dhimos stated
that in 1977 the lighted courts had been used as such for a total
of 241 hours. 10:38 P.M.
Main motion offered by Mrs. Uhrig under Article 37 was declared lost
by voice vote. 10:42 P.M.
Margery M. Battin moved that the meeting be adjourned to Monday, April 10,
1978 at 8 P.M. in Cary Memorial Hall. 10:42 P.M.
Allen Lee Whitman, Jr. served notice of reconsideration of Article 37.
10:42 P.M.
Motion to adjourn, as offered by Mrs. Battin, declared carried by voice
vote. 10:42 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - A 10, 1978
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:05 P.M. in Cary Memorial Hall.
There were 177 Town Meeting Members present.
The invocation was offered by Rabbi Joel H. Meyers of Temple Emunah. 8:07 P.M.
Article 2. Donald B. White moved that Supplement No. 2 of the Report of the
Appropriation Committee be accepted and placed on file.
Carried by voice vote. 8:08 P.M.
The Moderator stated that Article 36 was now on the floor. 8:08 P.M.
(See Page 319.)
Article 36. Presented by Alice M. Hinkle.
MOTION: That the sum of $25,000.00 be appropriated for the construction
(See of bicycle paths, routes and lanes in such locations as the Recreation
Page Committee may determine with the approval of the Selectmen and for
329 taking by eminent domain, purchase or otherwise acquiring any fee, ease -
for ment or other interest in land necessary therefor, that such amount be
motion raised in the tax levy, and in addition that the Selectmen be author -
as ized to apply for, accept, expend and borrow in anticipation of federal
adopted) and state aid for the project.
8:08 P.M.
Mrs. Hinkle stated that a Bicycle Path Subcommittee was formed
shortly after last years town meeting and asked that Thomas E. Fort -
mann, a Lexington resident and member of the committee be recognized.
8:10 P.M.
Mr. Fortmann listed the results of the Master Plan Questionaire:
1/2 of the Lexington residents ride bicycles regularly.
2/3 of households have one or more regular riders.
3/4 of households would ride bicycles if bike paths were improved.
He also listed the five goals and showed map of the bikeway plan.
The bikeway cost, as shown on a slide, was $99,900.00. ($24,925.00
on the tax rate - approximately 94; $74,975.00 borrowed in anticipa-
tion of revenue) There is also $5,000.00 appropriated at the 1975 Annual
Town Meeting. 8:17 P.M.
J. Keith Butters spoke in favor of the article but was opposed to the
bicycle paths in Willard Woods. He therefore moved to amend the
original motion as follows:
MOTION: After the words "as the Recreation Committee may determine"
insert: provided that such paths shall not be constructed on the
property known as Willard Woods and that the proposed loop including
Willard Woods be eliminated from the plan of the Recreation Committee.
8:22 P.M.
Janet L. Tassel, Susan Hilzenrath, Marshall J..Derby and Frank B.
Stille, all residents abutting Willard Woods, were recognized and
spoke from the balcony in opposition to bike paths in the Woods.
8:37 P.M.
Mr. Fortmann commented that a public hearing had been held and that
none of the current objectors appeared at the hearing. 8:37 P.M.
Mr. Butter's motion to amend was declared carried by voice vote.
8:38 P.M.
(Adjourned 'Town Meeting - April 10, 1978.)
Article 36. Main motion, as amended, now reads:
(Cont.
MOTION: That the sum of $25,000.00 be appropriated for the construction
of bicycle paths, routes and lanes in such locations as the Recreation
Committee may determine provided that such paths shall not be constructed
on the property known as Willard Woods and that the proposed loop
including Willard Woods be eliminated from the plan of the Recreation
Committee with the approval of the Selectmen and for taking by eminent
domain, purchase or otherwise acquiring any fee, easement or other
interest in land necessary therefor, that such amount be raised in the
tax levy, and in addition that the Selectmen be authorized to apply
for, accept, expend and borrow in anticipation of federal and state
aid for the project.
Albert P. Zabin moved reconsideration of Mr. Butter's motion to
amend. 8 :38 P.M.
r
Mr. Zabin, Chairman of the Planning Board, stated that his board
unanimously supports bike paths as recommended by the Recreation
Committee. Paved pathways keep people out of the wooded area and
therefore protects it. This path will be better for the conservation
land as a whole but will be consistent with the purchase of public
land. 8:42 P.M.
David G. Williams, Chairman of the Conservation Commission, stated
that the commission supports this plan for bicycly paths and unani-
mously supports this article. 8:43 P.M.
After general discussion, Sheila M. Busa moved the previous question
which was declared lost by voice vote. 9:03 P.M.
Mr. Zabin's motion for reconsideration of Mr. Butter's motion to
amend declared lost by voice vote. 9:10 P.M.
Barry Altman moved that the motion on Article 36 be amended by adding
after the words "in such locations" the words "excepting the Vine
Brook Conservation Area ". 9:12 P.M.
Margery M. Battin stated that a majority of the Board of Selectmen
were opposed to this amendment. 9:24 P.M.
Motion to amend, as offered by Mr. Altman, declared lost by voice
vote. 9:24 P.M.
Alfred S. Busa, Selectman, spoke against the article stating that this
is an expense we cannot afford at this time. 9 :31 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, stated that
three members of the board feel that bike paths are top priority.
9:38 P.M.
Paul E. Hamburger moved to recommit this article to the Recreation
Committee. 9:43 P.M.
John P. Carroll moved the previous question which was declared carried
by voice vote. 9 :50 P.M.
Motion for recommittal, as offered by Mr. Hamburger, declared lost by
voice vote. 9:51 P.M.
Sheila M. Busa moved for a roll call vote on the main motion, as "
amended. The Moderator asked for a standing vote on the motion for
a roll call on Article 36. Results as follows:
Precinct One 11 in favor Precinct Six 0 in favor
Precinct Two 8 Precinct Seven 5 "
Precinct Three 6 Precinct Eight 4 "
Precinct Four 0 Precinct Nine 5 "
Precinct Five 2 At large 6 "
Total in favor: 47
Less than the required fifty town meeting members in favor, the roll
call on Article 36 is not in order. 10:02 P.M.
(Adjourned Town Meeting - April 10, 1978.)
Article 36. Standing vote on main motion as amended:
(Cont.)
Precinct In Favor Tellers Opposed
1 5 Stephen W. Doran 12
2 14 Donald D. Wilson 4
3 16 Erna S. Greene 4
4 10 Ruth S. Thomas 4
5 9 Guy W. Doran 11
6 13 Sam V. Nablo 2
7 13 David Reiner 4
8 8 Ione D. Garing 9
9 10 Donald J. Shaw 5
At large 10 Edward E. Furash 8
Totals 108 63
Less than the required two thirds having voted in favor, the motion
offered under Article 36 by Alice M. Hinkle and amended by J. Keith
Butters is not adopted. 10:05 P.M.
Jeanne K. Krieger served notice of reconsideration of Article 36, 10:05 P.M.
Sheila M. Busa questioned the presence of a quorum, therefore, at the request
of the Moderator a standing count was taken:
Precinct 1 13
Precinct 2 10
Precinct 3 9
Precinct 4 10
Precinct 5 12
Precinct 6 11
Precinct 7 15
Precinct 8 7
Precinct 9 12
At large 16
Total 115
As 100 members constitute a quorum, the Moderator declared the presence of a
quorum. 10:10 P.M.
Article 2. David G. Williams presented a report on behalf of the Conservation
Commission on its upcoming articles.
Mr. Williams commented that if all articles (conservation articles)
are passed this year, there will be $400,000.00 left in the bond
issue.
Mr. Williams report accepted and carried unanimously. 10:14 P.M.
Article 38. Presented by Paul V. Riffin.
MOTION: That the Selectmen be authorized to transfer to the Conserva-
tion Commission for open space and conservation purposes, including
outdoor recreation, as provided by Section 8C of Chapter 40 of the
General Laws, as amended, land shown as Lot 68 on Assessors' Property
Map 15, Lots 27 and 28 on Assessors' Property Map 23 and Lots 54B,
80 and 81 on Assessors' Property Map 31.
10:15 P.M.
This land, according to Mr. Riffin, is off Marrett Road and approxi-
mately sixty acres. 10:19 P.M.
Town Manager, Robert M. Hutchinson, Jr., stated that this motion was
proper. This was in answer to Patricia K. Hagedorn who asked what
difficulty there would be leaving the land as it is. Would it be
possible to administer this land without.a transfer. 10:22 P.M.
(Adjourned Town Meeting - April 10, 1978.)
Article 38. Voice vote on the main motion was not unanimous, so a standing
(Cont.) vote taken as follows:
Precinct In Favor Tellers Opposed
1 5 Stephen W. Doran 8
2 1_8 Donald D. Wilson 0
3 18 Erna S. Greene 0
4 13 Ruth S. Thomas 0
5 18 Guy W. Doran 0
6 12 Sam V. Nablo 0
7 16 David Reiner 0
8 9 Ione D. Garing 2
9 11 Donald J. Shaw 2
At large 23 Edward E. Furash 1
Totals 143 13
More than the required two thirds having voted in favor, the
motion as presented by Mr. Riffin is adopted. 10:25 P.M.
Article 39. Presented by Francis W. K. Smith.
MOTION: That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized
to take by eminent domain, upon the written request of the
Conservation Commission, for conservation purposes including
outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, any fee, easement or conservation restriction
as defined in Section 31 of Chapter 184 of the General Laws or
other interest in all or any part of land shown as Lot 111A on
Assessors' Property Map 14 and described in Estate of Daisy G.
Wilson (Middlesex Probate No. 484494), that the sum of $85,000.00
he appropriated for such land acquisition, and that such amount
be transferred from the appropriation voted under Article 40 of
the warrant for the 1975 Annual Town Meeting.
10:26 P.M.
Mr. Smith stated that this land is made up of 7.6 acres of woods
and fields and has been on the high priority list for many years.
Mrs, and Mrs. Prescott D. Crout of 5 Pinewood Street have
agreed to give a footpath from Pinewood Street as an entrance.
This article has received great neighborhood support & the Conserva-
tion Commission unanimously urges passage.
Main motion declared carried unanimously. 10:30 P.M.
Article 40. Presented by David G. Williams.
MOTION: That the Conservation Commission be authorized to pur-
chase or otherwise acquire, and the Selectmen be authorized to
take by eminent domain, upon the written request of the Conserva-
tion Commission, for conservation purposes including outdoor
recreation as provided by Section 8C of Chapter 40 of the General
Laws, any fee, easement or conservation restriction as defined
in Section 31 of Chapter 184 of the General Laws or other interest
in all or any part of land shown as Lot 104B on Assessors'
Property Map 9 and described in deed recorded in Middlesex South
Registry of Deeds, Book 8951, Page 442, now or formerly of
Philipson, Lot 106 on Assessors' Property Map 9 and described
in deed recorded in said Deeds, Book 6168, Page 247, now or
formerly of Sweet, Lots 48A and 49A on Assessors' Property Map
15 and described in deed recorded in said Deeds, Book 8419, Page
353, now or formerly of Johnson, Lots 51, 52 and 53 on Assessors'
Property Map 15 and described in deed recorded in said Deeds
Book 10508, Page 377, now or formerly of Sanderson, and Lot 54A
on Assessors' Property Map 15, a tax title lot, now or formerly
of DeVincent, that the stun of $64,400.00 be appropriated for such
land acquisition, and that such amount be transferred from the
appropriation voted under Article 40,of the warrant for the
1975 Annual Town Meeting.
10:33 P.M.
(Adjourned Town Meeting - April 10, 1978.)
Article 40. Mr. Williams stated that this property is not on the master plan
(Cont.) but the Conservation Commission felt that it should be placed before
the meeting as the land should not be developed.
10:36 P.M.
Selectman Alfred S. Busa spoke in opposition. He said that this
land could never be built on and that we are running out of the
$2,000,000.00 bond issue. 10:38 P.M.
Albert P. Zabin stated that the Planning Board supports this
article as does a majority of the Board of Selectmen according to
Margery M. Battin. 10:43 P.M.
Marian C. Reilly stated a majority of the Precinct Three Town Melting
Members supported this article. 10:48 P.M.
Voice vote on the main motion was not unanimous, so a standing vote
was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Stephen W. Doran 9
2 12 Donald D. Wilson 6
3 19 Erna S. Greene 1
4 10 Ruth S. Thomas 4
5 16 Guy W. Doran 2
6 10 Sam V. Nablo 0
7 15 David Reiner 2
8 6 Ione D. Garing 6
9 12 Donald J. Shaw 0
At large 23 Edward E. Furash 2
Totals 129 32
More than the required two thirds having voted in favor the motion
offered by Mr. Williams was adopted. 10:51 P.M.
Margery M. Battin moved that the meeting be adjourned to Wednesday, April 12,
1978 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:52 P.M.
A true copy.
Attest:
tee. �X
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1978 ANNUAL TOWN M EETING - APRIL 1 2, 1978
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:12 P.M. in Cary Memorial Hall.
There were 182 Town Meeting Members present.
The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred.
Heart Church. 8:14 P.M.
Article 2. William R. Page moved that the report of the committee formed under
Article 65 of last year's warrant (which he read) be accepted and --
placed on file. (Forum on Aging)
Carried by voice vote. 8:20 P.M.
Article 41. David G. Williams moved that this article be tabled.
Carried by voice vote. 8:21 P.M.
(See Page 357.)
Article 42. Presented by David G. Williams.
MOTION: That the Conservation Commission be authorized to purchase or
otherwise acquire, and the Selectmen be authorized to take by eminent
domain, upon the written request of the Conservation Commission, for
conservation purposes including outdoor recreation as provided by
Section 8C of Chapter 40 of the General Laws, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of the
General Laws or other interest in all or any part of land shown as
Lots 121 through 129 on Assessors' Property Map 24 and described in
deeds recorded in Middlesex South Registry of Deeds, Book 11168, page
302, Book 12339, Page 88 and Book 11168, Page 300, now or formerly of
Sowkow, that the sum of $10,500.00 be appropriated for such land
acquisition, and that such amount be transferred from the appropria-
tion voted under Article 40 of the warrant for the 1975 Annual Town
Meeting. 8:23 P.M.
At the request of Mr. Williams, Conservation Commission member,
Francis X. Fields, was recognized and he gave a short explanation of
the article. He commented that this flat open wetland is the last
available privately owned land on Valleyfield Street.
8 :24 P.M.
Voice vote on Mr. Williams's motion was not unanimous, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Stephen W. Doran 9
2 16 Donald D. Wilson 0
3 16 Erna S. Greene 0
4 16 Ruth S. Thomas 0
5 17 Guy W. Doran 0
6 11 Margaret N. Brooke 0
7 17 David Reiner 0
8 13 Ione D. Garing 0
9 14 Roy Weinstein 0
At large 25 Edward E. Furash 0
Totals 151 9
More than the required two thirds having voted in the affirmative,
the motion, as offered by Mr. Williams, is adopted.
8:28 P.M.
(Adjourned Town Meeting - April 12, 1978.)
Article 43. Presented by Angela E. Frick.
MOTION: That the Conservation Commission be authorized to purchase
(Motion or otherwise acquire, and the Selectmen be authorized to take by
as eminent domain, upon the written request of the Conservation Commi-
adopted) sion, for conservation purposes including outdoor recreation as
provided by Section 8C of Chapter 40 of the General Laws, any fee,
easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws or other interest in all or any part
of land shown as Lot 44 on Assessors' Property Map 47 and described in
Estate of Buckley (Middlesex Probate No. 306425), and Lot 225 on
Assessors' Property Map 48 and described in Estate of Maud K. Swan
(Middlesex Probate No. 452280), that the sum of $196,500.00 be
appropriated for such land acquisition, and that such amount be
transferred from the appropriation voted under Article 40 of the
warrant for the 1975 Annual Town Meeting.
8:28 P.M.
Mrs. Frick explained that the area is approximately 18 acres (Swan
property 10 acres more or less and the Buckley property 7 acres more
or less) in the lower vine Brook water shed and is the largest tract
of open space near the center of town. This area has the best of
New England landscape and will help to maintain a better water shed.
It also provides ideal recreation for year round.
8 :34 P.M.
Albert P. Zabin, Chairman of the Planning Board, stated that this
is very buildable land and that his board urges passage.
8:36 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated
that his committee also supported this article. Ile noted the various
prices per acre of the land in the conservation articles this year -
from $2,700.00 through $12,000.00 per acre. 8:37 P.M.
As this property is in Precinct 5, Sam Silverman commented that a
survey of the Precinct 5 Town Meeting Members showed that a majority
of the members supported this purchase. 8:37 P.M.
Voice vote on Mrs. Frick's motion was not unanimous, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Stephen W. Doran 9
2 14 Donald D. Wilson 2
3 17 Erna S. Greene 2
4 14 Ruth S. Thomas 1.
5 19 Guy W. Doran 0
6 13 Margaret N. Brooke 0
7 17 David Reiner 0
8 9 Ione D. Garing 0
9 14 Roy Weinstein 0
At large 25 Edward E. Furash 0
Totals 148 14
More than the required two thirds having voted in the affirmative,
the motion is adopted. 8:41 P.M.
Article 44. Presented by David G. Williams.
i
MOTION: That the Conservation Commission be authorized to purchase
(Motion or otherwise acquire, and the Selectmen be authorized to take by
as eminent domain, upon the written request of the Conservation Commission,
adopted) and that the Selectmen be authorized to transfer, for conservation
purposes including outdoor recreation as provided by Section 8C of
Chapter 40 of the General Laws, as amended, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of
the General Laws, or other interest in all or any part of land shown
as Lots 7, 12, 13, 14, 15, 16, 26, 33, 34, 37 and 73 on Assessors'
Property Map 59, Lots 35 and 45 on Assessors' Property Map 67 and
Lot 146 on Assessors' Property Map 83.
8:42 P.M.
(Adjourned Town Meeting - April 12, 1978.)
Article 44. At the request of Mr. Williams, Francis X. Fields, a member of the
(Cont.) Conservation Commission, was recognized and he gave a short explana-
tion of the article. This is a transfer of fourteen tax title lots
of wooded hillside to the Conservation Commission. Approximately
$500.00 will be spent out of the Conservation Fund for transfer fees.
8:46 P.M.
Main motion, as presented by Mr. Williams, declared carried
unanimously. 8:46 P.M.
Article 45. Presented by Shirley H. Stolz.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation Commis-
sion, and that the Selectmen be authorized to transfer, for conserva-
tion purposes including outdoor recreation as provided by Section 8C
of Chapter 40 of the General Laws, as amended, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of
the General Laws, or other interest in all or any part of land shown
as Lots 427, 429, 430, 431, 432, 433, 456, 457, 458, 485, 486, 487,
488, 489, 490, 491, 492, 502 and 503 on Assessors' Property Map 72,
Lots 118, 119, 120, 121, 122, 123 and 124 on Assessors' Property Map
78, hots 15, 17, 23, 28, 30, 31, 32, 33, 34, 36, 38, 39, 40, 41, 42
and 43 on Assessors' Property Map 79.
8:47 P.M.
Mrs. Stolz commented that this is a transfer of town owned tax title
lots to the Conservation Commission and the lots have been cleared
with the Board of Assessors and the Lexington Housing Authority.
8:50 P.M.
Motion, as presented by Mrs. Stolz, declared carried unanimously.
8:51 P.M.
Article 46. Presented by Shirley H. Stolz.
MOTION: That the sum of $19,000.00 be appropriated to the Conserva-
tion Fund, established by vote under Article 9 of the warrant for
the Special Town Meeting of June 8, 1964, and that such amount be
raised in the tax levy.
Carried Unanimously. 8:53 P.M.
Jeanne K. Krieger moved for reconsideration of Article 36. 8:54 P.M.
Judith J. Uhrig stated that, if reconsideration of Article 36 was passed, she
would amend her motion as presented under Article 36 on April 10, 1978 (See
Pages 321 -323) by reducing the amount requested. Also, as there would be no
federal funds involved in this project, a majority vote is all that is needed,
not a two thirds vote. 8:56 P.M.
Albert S. Richardson, Jr_. moved that debate on the motion to reconsider Article
36 be limited to 15 minutes which was declared carried by voice vote. 8:59 P.M.
The Moderator stated that the 15 minutes started now. 8:59 P.M.
Norman P. Cohen, Town Counsel, stated that the reference to federal aid would
be deleted in Article 36 and therefore only a majority vote would be needed. He
added that bikeways, bike paths are to be considered as highways, therefore they
only need a majority vote to borrow in anticipation. 9:02 P.M.
Motion to reconsider Article 36, as offered by Jeanne K. Krieger, was declared
carried by voice vote. 9:02 P.M.
(Adjourned Town Meeting - April 12, 1978.)
Article 36. (See Pages 321 - 323)
(Main motion as presented by Judith J. Uhrig and amended by J. Keith
Butters at the April 10, 1978 session of this town meeting:
MOTION: That the sum of $25,000.00 be appropriated for the con-
struction of bicycle paths, routes and lanes in such locations as the
Recreation Committee may determine provided that such paths shall not
be constructed on the property known as Willard Woods and that the
proposed loop including Willard Woods be eliminated from the plan of
the Recreation Committee with the approval of the Selectmen and for
taking by eminent domain, purchase or otherwise acquiring any fee,
easement or other interest in land necessary therefor, that such amount
be raised in the tax levy and in addition that the Selectmen be author-
ized to apply for, accept, expend and borrow in anticipation of federal
and state aid for the project.)
Judith J. Uhrig moved that the figure $25,000.00 be deleted and the
figure $22,000.00 be substituted therefor and the words "federal and"
be deleted. 9:04 P.M.
Mrs. Uhrig's motion to amend declared adopted by voice vote.
9:04 P.M.
Nyles Nathan Barnert stated that the Capital Expenditures Committee
supports this article if they have the assurance that the money will
not be spent unless state aid is available. Margery M. Battin,
Chairman of the Board of Selectmen, assured him that the Selectmen
agreed with him and would abide by this. 9:06 P.M.
Main motion as presented by Mrs. Uhrig and amended by J. Keith Butters
and by Mrs. Uhrig now reads:
MOTION: That the sum of $22,000.00 be appropriated for the con -
(Motion struction of bicycle paths, routes and lanes in such locations as the
as Recreation Committee may determine provided that such paths shall not
adopted) be constructed on the property known as Willard Woods and that the
proposed loop including Willard Woods be eliminated from the plan of
the Recreation Committee with the approval of the Selectmen and for
taking by eminent domain, purchase or otherwise acquiring any fee,
easement or other interest in land necessary therefor, that such
amount be raised in the tax levy, and in addition that the Selectmen
be authorized to apply for, accept, expend and borrow in anticipation
of state aid for the project.
Main motion as presented by Judith J. Uhrig and amended by J. Keith
Butters and Judith J. Uhrig declared carried by voice vote.
9:11 P.M.
stated
Article 47. The Moderato /that there is no motion under Article 47 at this time
and suggested that the article be tabled until the meeting finds out
what the petitioners wish to present. 9:12 P.M.
David G. Williams, at the request of the petitioners, moved that
this article be indefinitely postponed.
Indefinite postponement declared carried unanimously. 9:12 P.M.
Fred D. Rosenberg asked for an update on the tax rate by the Appropriation
Committee. Donald B. White, Chairman of the Appropriation Committee, stated that
his committee has it in mind for the next meeting but that there has been very
little change since their original figure of $90.60.
9:13 P.M.
= ?(Adjourned Town Meeting - April 12, 1978.)
Article 48. Robert B. Kent moved that this article be postponed until after
Article 70.
Carried Unanimously. 9:14 P. M.
(See Page 364 and 365)
Article 49. Presented by Mary W. Miley.
MOTION: That the Selectmen be and they are hereby authorized to
convey the discontinued portion of Hinchey Road from Hartwell Avenue
a distance of 600 feet more or less to its end as shown upon a plan on
file in the office of the Town Clerk dated January 19, 1961 to either
of the two abutting owners for not less than $15,000.00 and on such
other terms as the Selectmen deem advisable, provided that the grantees
will bear all expenses of the conveyance.
9:15 P.M.
Margery M. Battin moved that this article be tabled which was
declared carried by voice vote. 9:16 P.M.
(See Page 362)
Article 50. Mary W. Miley moved that this article be tabled which was declared
lost by voice vote. 9:17 P.M.
Mary W. Miley moved that this article be recommitted to the Board of
Selectmen which was declared carried by voice vote. 9:18 P.M.
(See Page 363)
Margery M. Battin moved that Articles 51, 52 and 53 be taken up together for
for discussion purposes. This motion was carried unanimously. 9:20 P.M.
The Moderator stated that Articles 51, 52 and 53 would be taken up together
for discussion purposes only and that they would be voted on separately.
Article 51. Presented by Margery M. Battin.
MOTION: To establish as a town way and accept the layout of as a town
(Motion way Cushing Street from Sullivan Street a distance of 425 feet, more
as or less, to its end as laid out by the Selectmen and shown upon a plan
adopted) on file in the office of the Town Clerk, dated January 14, 1977; to
authorize the Selectmen to take by eminent domain, purchase or other -
wise acquire any fee, easement or other interest in land necessary
therefor; that the sum of $50,000.00 be appropriated for such land
acquisition, construction, alteration and reconstruction of Cushing
Street as is necessary, and that such amount be raised in the tax levy.
9:21 P.M.
Mrs. Battin gave a short explanation of Articles 51, 52 and 53 and.
gave the recommendations of the Planning Board (Cushing Street:
recommended with the exception of deletion of the sidewalk; Banks
Avenue: recommended as proposed; Tucker Avenue: recommended that the
pavement be shifted to the north to avoid the 24 -inch tree within the
right -of -way). 9:25 P.M.
Albert P. Zabin, Chairman of the Planning Board, filed the Planning
Board Report covering Articles 51, 52 and 53. 9:26 P.M.
In response to a question by Allen Lee Whitman, Jr., Mrs..Battin
stated that the width of the three streets would be 24 feet.
9:28 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated that
his committee supported all three articles. 9:30 P.M.
James M. McLaughlin moved the previous question which was adopted.
9:32 P.M.
Main motion, as presented by Mrs. Battin, carried unanimously.
9:32 P.M.
(Adjourned Town Meeting - April 12, 1978.)
Article 52. Presented by Margery M. Battin.
MOTION: To establish as a town way and accept the layout of as a
town way Banks Avenue from Chase Avenue a distance of 800 feet, more
or less, to Carville Avenue, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated ":January 14,
1977; to authorize the Selectmen to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land
necessary therefor; that the sum of $78,000.00 be appropriated for
such land acquisition, construction, alteration and reconstruction
of Banks Avenue as is necessary, and that such amount be raised in
the tax levy.
Carried Unanimously. 9:33 P.M.
Article 53. Presented by Margery M. Battin.
MOTION: To establish as a town way and accept the layout of as a
town way Tucker Avenue from Chase Avenue a distance of 175 feet, more
or less, to Tarbell Avenue as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January
14, 1977; to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; that the sum of $22,000.00 be appropriated
for such land acquisition, construction, alteration and reconstruction
of Tucker Avenue as is necessary, and that such amount be raised in
the tax levy. 9:34 P.M.
Julian J. Bussgang moved the previous question which was
declared carried by voice vote. 9:38 P.M.
Main motion declared carried by voice vote. 9:38 P.M.
Article 54. Presented by Margery M. Battin.
MOTION: That the sum of $1,000.00 be appropriated for filing fees in
connection with the acceptance of streets, and that such amount be
raised in the tax levy.
Carried Unanimously. 9:40 P.M.
Article 55. Margery M. Battin moved that this article be indefinitely postponed.
9:40 P.M.
Weiant Wathen -Dunn was recognized from the balcony and he spoke at
length against indefinite postponement. 9:46 P.M.
Mrs. Battin said that indefinite postponement was at the recommendation
of the Recreation Committee. 9:47 P.M.
Ephraim Weiss moved that Article 55 be recommitted to the Recreation
Committee, with a similar article to be brought to the next Annual
Town Meeting. 9:52 P.M.
James M. McLaughlin moved the previous question which was declared
carried by voice vote. 9:54 P.M.
Ephraim Weiss's motion for recommittal of Article 55 to the Recreation
Committee declared carried by voice vote. 9:55 P.M.
Article 56. Presented by Robert B. Kent.
MOTION: That Article XXV of the General By -Laws of the Town of
Lexington be amended by striking Section 14 and substituting therefor
the following:
Section 14. No owner of a building abutting upon or adjacent to the
line of any street, or his agent having care thereof, shall cause,
permit or suffer the water from the roof, cellar, or any drain there-
from to discharge upon or flow across the surface of the sidewalk or
street adjacent to such building.
9:56 P.M.
James M. McLaughlin moved that Article 56 be recommitted to the Board
of Selectmen and, after general discussion, this motion was declared
carried by voice vote. 10:11 P.M.
1) (Adjourned T own Meeting - April 12, 1978.)
Article 57. Presented by Robert B. Kent.
(Approved MOTION: That Article XXV of the General By -Laws of the Town of
by Atty. Lexington be amended by adding thereto a new Section 15A as follows:
Gen., July
25, 1978. Section 15A. No person shall discharge or cause to be discharged any
Published stormwater, surface water, groundwater, roof runoff, subsurface
in Lex. drainage, uncontaminated cooling water, or unpolluted industrial
Min. Man process waters to any sanitary sewer.
on Sept. 10:12 P.M.
14, 21 &
28, 1978) After general discussion, the motion was declared carried by voice
vote. 10:28 P.M.
Article 58. James F. Crain moved that this article be indefinitely postponed.
10:28 P.M.
Myron L. Miller moved that this article be tabled which was declared
carried by voice vote. 10:30 P.M.
(See Pages 351 - 356 .inc.)
Article 59. James F. Crain moved that this article be indefinitely postponed.
Carried Unanimously. 10:30 P.M.
Article 60. Alfred S. Busa moved that this article be indefinitely postponed.
Carried Unanimously. 10:32 P.M.
Margery M. Battin moved that the meeting be adjourned to Monday, April 24,
1978 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:33 P.M.
A true copy.
Attest:
c
_ 1 A
Mary R. McDonough, Town Clerk
Wilt.rud R. Mott - Smith, 108 Pleasant Street, resigned as a Town Meeting Member
from Precinct Two effective April 18, 1978.
George S. Silverman, 49 Fern Street, having received the next highest number of
votes as a defeated candidate for Town Meeting Member in Precinct Two at the March
6, 1978 election, accepted a position as Town Meeting Member from Precinct Two
effective April 24, 1978. Mr. Silverman will fill the vacancy caused by the
resignation of Mrs. Mott -Smith for a term expiring in March 1979.
ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING HELD APRIL 24, 1978
The meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P.M.
in Cary Memorial Hall.
There were 183 Town Meeting Members present.
by
Invocation offered /Rev. Harold T. Handley, Pastor Emeritus, Church of Our
Redeemer. J 8:09 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, asked that the Town
Manager be recognized. 8:09 P.M.
Article 2. Robert M. Hutchinson, Jr., Town Manager, spoke of an error in the
1977 Annual Town Report in regards to the zoning articles that were
brought up at the Special Town Meeting in December 1977. These
errors were made when the articles were being condensed for the Town
Report and a correction sheet is available for all Town Meeting
Members in the back of the hall.
8:12 P.M.
Article 61. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion attached to the report of the Planning Board on this
article with the exception that the word residented be inserted
(See between the words "family" and "therein" in the third line of
Pages Section 25.9.1. 8:1.4 P.M.
340 -
346
for (Motion on Article as set forth in the motion attached to the report
motion of the Planning Board on this article with the correction as noted
as above incorporated:
adopted)
MOTION: That the Zoning By -Law be amended by:
1. Adding, in Section 1, the following definitions:
RESTAURANT: An establishment primarily for serving by a waiter
or waitress, and consumption of meals at tables or at a counter,
on the premises.
FAST FOOD SERVICE: An establishment primarily for self - service
or purchase of food or beverage at a counter for consumption on
the premises.
TAKE OUT FOOD SERVICE: An establishment primarily for dispensing
prepared food to persons carrying the food away for consumption
elsewhere.
2. Deleting, from Section 1, the definition DRIVE -IN RESTAURANT and
substituting therefor:
DRIVE -IN RESTAURANT: An establishment primarily for dispensing
prepared food to persons who eat this food while sitting in cars
on the premises.
3. Deleting, from Section 1, the definition. DINER OR LUNCH CART.
4. Replacing, in the definition JUNKYARD in Section 1, "25.96" by
"Subsection 25.10.2 ".
5. Striking Subsection 23.5.
6. Striking, from Subsection 20.2, "CS - Service and trade district ".
(Adjourned Town Meeting - Apri 24, 1978.)
1
Article 61. (Motion on ArticlJ as set forth in the motion attached to the report
(Cont.) of the Planning Board on this article with the correction incorporated
(Cont.)
7. Striking Section 25 and replacing it with the following:
Zoning District Designation for Use with Printed Chart 25.0
Residence Districts:
RO - One family dwelling districts (30,000 sq. ft.)
RS - One family dwelling districts (15,500 sq. ft.)
RT - Two family dwelling districts
RM - Multi- family (garden apartment) dwelling districts
RH - Subsidized housing districts
RD - Multi - dwelling districts
Commercial and Industrial Districts:
CR - Office and research park districts
CH - Hotel, office and research park districts
CM - Manufacturing and research park districts
CO - Office districts
CN - Neighborhood business districts
CG - General business districts
CB - Central business districts
(Continued on next page)
(Adjourned T own Meeting - April 24, 1978.)
61
Article 61. (Motion on Articl /as set forth in the motion attached to the report
(Cont.) of the Planning Board on this article with the correction incorporated
(Cont.)
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(Adjourned To Meeti - April 24, 1978.)
Article 61. (Motion on Article 61 as set forth in the motion attached to the report
(Cont.) of the Planning Board on this article with the correction incorporated
(Cont.)
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(Adjourned Town Meeting - April 24, 1978.) X�
337
Article 61. (Motion on Article 61 as set forth in the motion attached to the report
(Cont.) of the Planning Board on this article with the correction incorporated
(Cont.)
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(Adjourned Town Meeting - April 24, 1978.)
338
Article 61. (Motion on Article 61 as set forth in the motion attached to the
(Cont.) report of the Planning Board on this article with the correction
incorporated (Cont.)
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(Adjourned Town Meeting - April 24, 1978.)
Article 61. (Motion on Article 61 as set forth in the motion attached to the
(Cont.) report of the Planning Board on this article with the correction
incorporated (Cont.)
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(Adjourn Town Meeting - April 24, 1978.)
Article 61. After giving an explanation of his motion, Mr. Friedman stated that
(Con.t.) the Planning Board unanimously supports this motion and filed the
Report of the Planning Board covering Article 61. 8:23 P.M.
George P. Wadsworth, Chairman of the Board of Appeals, stated that the
revisions are in the right direction but the town meeting should
decide what the policy is going to be now and in the future.
8:23 P.M.
Frank Sandy moved that a new line be added to Section 25 labeled
11 25.10.3 Billboards" with the designation "No" in every column.
8:30 P.M.
Mr. Sandy's motion to amend declared carried by voice vote.
8:32 P.M.
Richard A. Michelson moved that the following changes be made:
25.6.5 Change CN "SP" to "Yes"
25.6.4 Change CG & CB "SP' to "Yes"
8:42 P.M.
The Moderator stated that as Mr. Michelson's amendment had two parts,
each part would be voted on separately. 8:43 P.M.
Mr. Friedman stated that the Planning Board opposed the change in the
CN zone as proposed by Mr. Michelson. 8:46 P.M.
The first part of Mr. Michelson's motion to amend declared lost by
voice vote. 8:48 P.M.
The second part of Mr. Michel..son's motion to amend declared lost by
voice vote. 9:02 P.M.
Main motion as amended: Voice vote was not unanimous so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Stephen W. Doran 10
2 16 Donald D. Wilson 3
3 17 Erna S. Greene 3
4 11 Ruth S. Thomas 5
5 13 Guy W. Doran 5
6 16 Sam V. Nablo 1
7 14 David Reiner 2
8 7 lone D. Caring 9
9 17 Roy Weinstein 0
At large 18 Edward E. Furash 0
Totals 134 38
More than the required two - thirds having voted in the affirmative,
the main motion as amended by Mr. Sandy is adopted.
9:05 P.M.
(See below through Page 346 for main motion under Article 61 as
presented by Manfred P. Friedman and amended by Frank Sandy and
adopted as shown above.
(MOTION: That the Zoning By -Law be amended by:
(As 1. Adding, in Section 1, the following definitions:
adopted)
RESTAURANT: An establishment primarily for serving by a waiter or
waitress, and consumption of meals at tables or at a counter,
on the premises.
FAST FOOD SERVICE: An establishment primarily for self- service
or purchase of food or beverage at a counter for consumption on
the premises.
(Adjourned Town Meeting - April 24, 1978.)
Article 61. (Main motion, as offered by Manfred P. Friedman, and amended by
(Cont.) Frank Sandy - (Cont.)
TAKE OUT FOOD SERVICE: An establishment primarily for dispensing
prepared food to persons carrying the food away for consumption
elsewhere.
2. Deleting, from Section 1, the definition DRIVE -IN RESTAURANT and
substituting therefor:
(As DRIVE -IN RESTAURANT: An establishment primarily for dispensing
- adopted) prepared food to persons who eat this food while sitting in cars
on the premises.
3. Deleting, from Section 1, the definition DINER OR LUNCH CART.
(Approved 4. Replacing, in the definition JUNKYARD in Section 1, "25.96" by
by Atty. "Subsection 25.10.2 ".
General,
July 25, 5. Striking Subsection 23.5.
1978.
Posted 6. Striking, from Subsection 20.2, "CS - Service and trade district ".
in Town
Office 7. Striking Section 25 and replacing it with the following:
Bldg. &
9 precincts Zoning District Designation for Use with Printed Chart 25.0
Aug. 16, Residence Districts:
1978.)
RO - One family dwelling districts (30,000 sq. ft.)
RS - One family dwelling districts (15,500 sq. ft.)
RT - Two family dwelling districts
RM - Multi- family (garden apartment) dwelling districts
RH - Subsidized housing districts
RD - Multi- dwelling districts
Commercial and Industrial Districts:
CR - Office and research park districts
CH - Hotel, office and research park districts
CM - Manufacturing and research park districts
CO - Office districts
CN - Neighborhood business districts
CG - General business districts
CB - Central business districts
(Continued on next page)
(Adjourned Town Meeting - April 24, 1978.)
Article 61. (Main motion as amended and adopted: (Cont.)
(Cont.)
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(Adjourned Town Meeting - April 24, 197
Article 61. (Main motion as amended and adopted: (Cont.)
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(Adjourned Town Meeting - April 24, 1978.
Article 61. (Main motion as amended and adopted: (Cont.)
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(Adjourned Town Meeting - April 24, 1978.)
Article 61. (Main motion as amended and adopted: (Cont.)
(Cont.)
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(Adjourned Town Meeting -April 24 1978.)
Article 61. (Main motion as amended and adopted: (Cont.)
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(Adj ourned Town Meeting - April 24, 1978.)
Article 62. Albert P. Zabin moved that this article be indefinitely postponed.
9:06 P.M.
Mr. Zabin filed the Planning Board Report covering Article 62.
Motion to indefinitely postpone Article 62 carried unanimously.
9:07 P.M.
Article 63. Albert P. Zabin moved that this article be indefinitely postponed.
9:07 P.M.
Mr. Zabin filed the Planning Board Report covering Article 63.
9:07 P.M.
George P. Wadsworth, Chairman of the Board of Appeals, stated that
his board is in favor of indefinite postponement. 9:08 P.M.
Motion to indefinitely postpone Article 63 carried unanimously.
9.08 P.M.
Article 64. Presented by Albert P. Zabin.
MOTION: That the Sign By -Law of the town be amended as set forth
in the article. 9:09 P.M.
(Article 64 as set forth in the article:
ARTICLE 64. To see if the Town will vote to amend the Sign By-
Law as follows by:
1. Striking from Article III, Section 2(A) (1) (a) the third
sentence, and substituting therefor "If affixed to a wall or roof,
it shall be parallel with and not project more than twelve (12)
inches from the face of such wall; except that if such sign
employs no lettering with letters exceeding three inches in
height, it may be perpendicular to the wall and project no more
than thirty -six inches from the face of the wall.. Any person
wishing to erect a sign perpendicular to the wall shall first
apply to the Board of Appeals for a permit to do so. An appli-
cation for such a permit shall include a facsimile of the proposed
sign; in the proposed colors and drawn and lettered to scale.
Such a sign shall be wood or have the appearance of wood.
2. Inserting after the first paragraph of Article III, Section
2(A) (1) (f) the following:
Brilliance of illuminated signs shall at no point, except in
the illuminated letters, exceed 150 foot lamberts. Interior
illumination of signs are prohibited, except for gasoline
filling stations.
or act in any other manner in relation thereto.)
George P. Wadsworth moved that this article be recommitted to the
Planning Board. 9:15 P.M.
Wilbur M. Jaquith spoke from the balcony in opposition to the main
motion. 9:21 P.M.
Mr. Wadsworth's motion to recommit Article 64 to the Planning Board
was declared lost by voice vote. 9:25 P.M.
Mr. Jaquith asked, if this by -law is adopted, what guidelines would
the Board of Appeals use when someone comes before the town.
Mr. Zabin answered that they would use the same guidelines as they
do now for horizontal signs. 9:30 P.M.
r (Adjourned Town Meeting - April 24, 1978.)
Article 64. James M. McLaughlin moved for indefinite postponement of Article 64.
(Cont.) 9:33 P.M.
Motion for indefinite postponement was declared adopted, but this
decision was doubted by more than twenty members, therefore a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 10 Stephen. W. Doran 4
2 6 Donald D. Wilson 13
3 7 Erna S. Greene 11
4 4 Ruth S. Thomas 13
5 11 Guy W. Doran 8
6 6 Sam V. Nablo 9
7 8 David Reiner 8
8 13 Ione D. Caring 4
9 9 Roy Weinstein 8
At large 9 Edward E. Furash 11
Totals 83 89
Motion for indefinite postponement of Article 64 does not prevail.
9:35 P.M.
Main motion, as offered by Mr. Zabin, declared lost by voice vote.
9:35 P.M.
Article 65. Presented by Frank Sandy.
MOTION: That the Zoning By -Law of the Town be amended by adding
thereto a new Section 41 as set forth in the article except that the
words "Board of Appeals" in Section 41.6 be changed to "SPCA" and
that the word "of" as it appears in the first line of Section 41.9
(Approved be changed to "or ".
by Atty. 9:36 P.M.
General,
July 25,
1978. (Article 65 as set forth in the article:
Posted
in Town ARTICLE 65. To see if the Town will vote to amend the Zoning
Office By -Law by:
Bldg. &
nine 1. Adding thereto a new section 41 as follows:
precincts
Aug. 16, SECTION 41. CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT -CD
1978.)
41.1 GENERAL OBJECTIVES
The CD district is intended to allow greater flexibility in land
use planning for the development of tracts of land for commercial
or industrial use, and to enable the SPGA to require adherence
to site development and use plans presented to Town Meeting, in
the granting of a special permit as provided in this section.
41.2 USES IN THE ABSENCE OF A SPECIAL PERMIT
In the absence of a special permit provided for in this section
or upon abandonment of all uses permitted by such special permit,
the permitted uses and dimensional controls in a CD district
shall be those presently in effect in the district for which the
Land was zoned immediately prior to its inclusion in the CD
district.
41.3 TOWN MEETING PRESENTATION
A proposal to Town Meeting to include specific land in a CD
district shall be accompanied by, and reference explicitly, a
preliminary site development and use plan, which shall be filed
with the Town Clerk.
(Adjourned Town Meeting - April 24, 1978.)
Article 65. This plan shall show in a general manner, but drawn to scale,
(Cont.) the proposed locations, types, floor plans and designs for the
proposed buildings, accessory structures, drives, parking areas,
exterior lighting, landscaping, proposed grading, bodies of
(As set water, watercourses, drainage system, and the proposed location
forth of any permanent open space. The plan shall show the minimum
in the setback of buildings and parking areas from all bodies of water,
article) watercourses, and boundaries. The plan shall also show the
amount of parking to be provided. The plan shall list all
uses which are proposed for the land and buildings.
The plan may also contain such additional specifications as the
proponent feels necessary to pursuade Town Meeting that the
development will serve the public interest. If such additional
specifications are included, adherence to them shall be
required in the same manner as the mandatory specifications.
41.4 SPECIAL PERMIT PROVISIONS
Within two years of the approval of a plan for a CD district by
Town Meeting, the SPGA may grant a special permit for the
development of a tract of land in the CD district subject to the
following provisions.
The special permit shall incorporate by reference the building
design and site development plans filed with the application for
a special permit, and such plans shall conform substantially
to the plans approved by Town Meeting. The permit may allow any
or all of the uses specified in the plan approved by Town
Meeting but no others. The SPGA may in its discretion, permit
minor deviations from the plan approved by Town Meeting provided
they do not conflict with the intent of the plans, they do not
allow building coverage, building floor area, or paved area, to
exceed that shown on the approved plan by more than 10 %, and
provided that all minimum setbacks shown on the approved plan
are complied with. The permit shall require that any land
designated as permanent open space on the approved plan shall
be protected by an easement granted to the Town. The permit
shall contain such additional conditions as the SPGA finds will
serve the public interest.
41.5 APPLICATION REQUIREMENTS
The application to the SPGA for a special permit under this
section shall be accompanied by a plan showing the parcel
involved, its topography including proposed changes, soil
culture, proposed location, dimensions, materials and type of
construction of drives and parking areas, exterior lighting
plans, exterior signs, proposed drainage system, permanent open
space, landscaping and other improvements, and the location and
outlines of proposed buildings and accessory structures. It
shall also contain preliminary architectural drawings for the
building plans, including typical floor plans, elevations and
sections, It shall also be accompanied by an order of conditions
from the Conservation Commission pursuant to Article XXXIIT of
the General By -Laws or a determination by the Conservation
Commission that Article XXXIII is not applicable or that con-
ditions are not necessary. Copies of the aforesaid plans shall
be submitted to the Planning Board, Conservation Commission,
Board of Health and Town Engineer.
41.6 Planning Board Report and Recommendations
The Planning Board shall submit in writing to the SPGA its
report and recommendations as to the appropriateness of the
proposed development, to include at least the following:
41.61 A general description of the tract in question and
surrounding areas.
41.62 An evaluation of the probable impact of the proposed
development on Town services and facilities.
(Adjourne To wn Meeting - April 24, 1978.)
Article 65. (Article 65 as set forth in the article: (Cont.)
(Cont.)
41.63 A review of the proposed development, including such
aspects as the type or style of buildings, the size of
development and density per acre, the arrangement or layout
design of buildings and site improvements, the location and
capacity of parking, the provisions for open space within the
development, grading, landscaping and screening, the provisions
for access, egress and traffic within the development and on
adjacent streets.
41.64 An opinion of the Planning Board whether the site, the
proposed development layout, the proposed development will
constitute a suitable development compatible with the surround-
ing area.
41.65 Recommendations for the granting or denial of the
special permit, including recommendations for modifications,
restrictions or requirements to be imposed as a condition for
granting the special permit.
41.7 SPCA ACTION
The SPGA shall not take any action on an application for a
special permit for a CD district development until the Planning
Board, Conservation Commission, Board of Health and Town Engineer
have submitted written recommendations to the SPGA or 35 days
have passed. Where its decision differs from the recommenda-
tions of the above Boards or individuals, the SPGA shall state
in its decision the reasons therefor. The SPGA may deny an
application for a special permit under this section if it finds
the proposed development does not substantially conform to the
plans presented to Town Meeting or if it fails to make a
finding and determination that the proposed development will
constitute a suitable development and will not result in
significant detriment to the neighborhood.
41.8 AMENDMENT OF THE SPECIAL PERMIT
At any time subsequent to the issuance of a permit under this
section, the SPGA may issue a new or amended special permit in
accordance with the procedures required for the original permit.
41.9 CHANGES IN USES OR SITE DEVELOPMENT PLAN
Changes in uses or substantial changes in the site development
plan approved by Town Meeting may be made only after approval by
Town Meeting of a new preliminary site development and use plan
according to the procedures used for a zoning amendment, followed
by the issuance of a special permit based on the new approved
plan.
2. By adding at the end of Section 20.2 the following new designa-
tion:
CD- Controlled Commercial and Industrial District,
or act in any manner in relation thereto.)
Prank Sandy filed the Report of the Planning Board on Article 65.
9:39 P.M.
Main motion, as presented by Mr. Sandy, declared carried unanimously.
9:40 P.M.
(Adjourned Town Meeting - April 24, 1978.) `
Myron L. Miller moved that Article 58 be taken from the table which was
declared carried by voice vote. 9:41 P.M.
(See Page 332)
Article 58. (The following gave notification that they would abstain from voting
on Article 58: Guy D. Busa, Wallace Cupp, Martin A. Gilman and
Mary R. McDonough.)
The motion on the floor, as presented by James F. Crain at the
April 14, 1978 session of this town meeting, is for indefinite
postponement. (See Page 332)
William A. Ridgley moved the following substitute motion:
That the Town vote to accept Section 100B of Chapter 41 of the
General Laws. 9 :57 P.M.
The Moderator stated that if the substitute motion prevails that
there would be unlimited time for debate. 9:58 P.M.
At the request of Mr. Ridgley, Neal Rossman, Attorney for the Fire-
fighters Union, was recognized and explained that any policeman or
firefighter that was injured on duty and retired on disability, that
if this section were accepted that the town would be responsible for
medical bills after they retire. He stated, that at this time, it
would be impossible to give a price tag and that the cost would have
to be taken on a year to year basis. Policemen and firefighters are
not covered by Workmens Compensation. 10:03 P.M.
Robert B. Kent stated that the Board of Selectmen unanimously favor
indefinite postponement of Article 58. He added that they are not
against the article as such, but it is an additional benefit and the
board takes the position of the Town Manager, and that is that this
should be worked out in the bargaining process. Therefore, the Board
of Selectmen oppose the substitute motion. 10:05 P.M.
Town Manager, Robert M. Hutchinson, Jr., spoke in agreement with
Mr. Kent's.statement. 10:05 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated
that his committee supported the position of the Board of Selectmen
in favor of indefinite postponement. 10:07 P.M.
The Moderator, at 10:10 P.M., stated that time for debate on the
substitute motion was over and, if the substitute motion prevails,
the substitute motion would become the main motion.
Roger G. Trudeau read the Code of Ethics Resolution adopted under
Article 81 at the Adjourned Session of the 1976 Annual Town Meeting
held April 7, 1976. He questioned the ethics of some of the Town
Meeting Members voting on this article and James Cataldo asked if the
resolution was legal. 10:13 P.M.
Mr. Ridgley's substitute motion was declared carried by voice vote,
which was doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 14 Stephen W. Doran 1
2 17 Donald D. Wilson 3
3 12 Erna S. Greene 7
4 7 Ruth S. Thomas 10
5 9 Guy W. Doran 7
6 2 Sam V. Nablo 13
7 5 David Reiner 9
8 7 Ione D. Garing 7
9 7 Roy Weinstein 12
At large 3 Edward E. Furash 13
Totals 83 82
Motion to substitute, as offered by Mr. Ridgley, prevails.
10:18 P.M.
The substitute motion is now the main motion.
(Adjourned Town Meeting - April 2 4, 1978.
Article 58. After general discussion, Albert P. Zabin moves that a roll call vote
(Cont.) be taken on the main motion. 10:41 P.M.
The Moderator asked for a standing vote of those in favor of the roll
call vote, results as follows:
Precinct Tellers In Favor
1 Stephen W. Doran 8
2 Donald D. Wilson 5
3 Erna S. Greene 13
4 Ruth S. Thomas 7
5 Guy W. Doran 4
6 Sam V. Nablo 4
7 David Reiner 11
8 Ione D. Caring 5
9 Roy Weinstein 6
At large Edward E. Furash 7
Total 70
Motion for a roll call vote prevailed. 10:43 P.M.
Paul E. Hamburger moved the previous question which was declared carried
by voice vote. 10:45 P.M.
The roll call vote on William A. Ridgley's motion, which is now the
main motion under Article 58, was taken by the Town Clerk, Mary R.
McDonough, starting at 10:46 P.M. and completed at 10 :57 P.M. with
the result as follows: (Final result announced by the Moderator at
11 :02 P.M.)
ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (M AIN MOTION)
PRECINCT ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, Sheila M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Ilagedorn, Homer J. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Reed, Haskell W. x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela M. x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 14 2 1 4
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussganq, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Hadley, William P. x
MacArthur, Lillian T. x
McIver, Mary M. x
Michelman, Frank I- x
O'Brien, Edward x
(Adjourned Town Meeting - April 24, 1978.)
Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.)
(Cont.)
PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT
O'Neil, William J. x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Silverman, George S. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 10 11 0 0
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. III x
Briggs, Donald H. Jr. x
Buchfirer, Joy C. x
Busa, Guy D. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
TOTALS 8 12 0 1
PRECINCT FOUR
Abegg, Gerald L. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Fenn, Dan H. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Furash, Edward E. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph O. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
TOTALS 6 13 1 1
1 (Adjourned Town Meeting - April 24, 1978.)
Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.)
(Cont.)
PRECINCT FIVE YES NO ABSTAINED ABSENT
Altman, Barry x
Berchtold, Jane E. x
Brown, Otis S. Jr. x
Burrell, Arthur E. x
Cravis, Howard x
Cupp, Wallace x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Graham, Donald M. x
Hamburger, Paul E. x
Jervis, Edward W. Jr, x
McCormack, George F. x
Patkin, Judith K. x
Shaughnessy, Madeline A. x
Silverman, Sam x
Taylor, Lloyd D. x
Weiss, Ephraim x
Williams, David G. x
TOTALS 6 10 1 4
PRECINCT SIX
Bailey, Fred C. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Crothers, Joan P. x
Downey, John F. Jr. x
Hall, Harry A. III x
Harvell, John T. x
Kenney, Allan F. x
Marshall, Paul W. x
McDevitt, James J. x
Moore, H. Bigelow x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 1 17 0 3
PREC SEVEN
Bond, Robert E. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Grace, Leo J. x
Kalil, Marthur H. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Sullivan, Richard L. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
(Adjourned Town Meeting - April 24, 1978.)
Article 58. ROLL CALL VOTE ON WILLIAM A. RIDGLEY'S MOTION (MAIN MOTION) (CONT.)
(Cont.)
PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Whitman, Allen Lee Jr. x
Wood, Martha C. x
TOTALS 5 13 1 2
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Burbidge, Robert J. x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x
Mancini, Anthony L. x
McCabe, Christopher x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Plasse, Paul A. x
Richardson, Albert S. Jr. x
Sarmanian, Jack x
Scanlon, Temple E. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
TOTALS 7 8 0 6
PRECINCT NINE
Albertine, Donald F. x
Barnes, Gordon E. Jr. x
Buckley, James J. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Hinkle, Alice M. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 9 10 1 1
(Adjourned Town Meeting - April 24, 1978.)
Article 58. ROLL CALL VOTE ON WILLIAM A, RIDGLEY'S MOTION (MAIN MOTION) (CONT..)
(Cont.)
TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 1 5 2 1
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 14 2 1 4 21
Precinct Two 10 11 0 0 21
Precinct Three 8 12 0 1 21
Precinct Four 6 13 1 1 21
Precinct Five 6 10 1 4 21
Precinct Six 1 17 0 3 21
Precinct Seven 5 13 1 2 21
Precinct Eight 7 8 0 6 21
Precinct Nine 9 10 1 1 21
At large 1 5 2 1 9
Totals 67 101 7 23 198
Main motion, as offered by William A. Ridgley,first as a substitute
motion and then as the main motion, does not prevail.
11:02 P.M.
Margery M. Battin moved that the meeting be adjourned to Wednesday, April 26,
1978 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 11:02 P.M.
A 'true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1978 ANNUAL TOWN MEETING - APRIL 26, 1978
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:07 P.M. in Cary Memorial Hall.
There were 167 Town Meeting Members present.
The invocation was offered by Rev. Polly Laughland of the Follen Community
Church. 8:08 P.M.
James M. McLaughlin moved for reconsideration of Article 4 (except line item
#7920). 8:09 P.M.
Mr. McLaughlin explained that there should be a lottery for summer jobs
and that the sons and daughters of town employees should be eligible.
8:10 P.M.
Robert M. Hutchinson, Jr., Town Manager, spoke in opposition saying that
sons and daughters of town employees have been hired in hardship cases in the
past and in answer to a question by Robert I. Rotberg he said this year there
would be approximately fifteen positions to be filled. 8:14 P.M.
After general discussion Julian J. Bussgang moved that the motion to reconsider
Article 4 be deferred until after Article 69 which was declared carried by voice
vote. 8:24 P.M.
(see Page 363)
David G. Williams moved that Article 41 be taken from the table.
Carried by voice vote. 8:24 P.M.
(See Page 326)
Article 41. (See Page 326)
David G. Williams moved that this article be .indefinitely postponed.
Carried Unanimously. 8:24 P.M.
Otis S. Brown, Jr. moved that Article 4, line item #7920 be taken from the
table which was declared carried by voice vote. 8:25 P.M.
(See Page 286)
Article 4. (See Page 286)
Presented by Otis S. Brown, Jr.
#7920 Public School Education $16,209,840.*
*of which $12,100. is for Out -of -State Travel. To which the sum of
$324,288. in available and anticipated P.L. 874 and other Federal
and State Funds, and $15,000. in available and anticipated athletic
receipts is to be applied and the balance is raised and
appropriated under this article.
8:27 P.M.
After Otis S. Brown, Jr. gave a short explanation he asked that
Dr. John Lawson, Superintendent of Schools be recognized. Dr. Lawson
gave a :Lengthy breakdown of the budget and showed slides. 9:57 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated that
the tax rate had gone up to $90.65,having started at $90.60 at the
beginning of the meeting, and would now be $92.40 if this school budget
is adopted. He also felt that the contract (teachers) that had been
negotiated today was a very reasonable one. 9:01 P.M.
In answer to a question by Julian J. Bussgang, Mr. Brown answered
that the three year teachers contract was for 5 %, 5 1/2% and 5 1/2 %.
9:08 P.M.
Mr. Brown's motion on line item 47920 declared adopted by voice vote.
9:12 P.M.
(Adjourned Town Meeting - Apri 26, 1978.)
Article 66. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion attached to the report of the Planning Board on this
article. 9 :13 P.M.
(Motion as set forth in the motion attached to the report of the
Planning Board:
MOTION: That the Zoning By -Law of the Town be amended by:
1. Amending Section 12 by deleting subsection 12.2 and renumbering
(As Subsection 12.3 to 12.2;
adopted)
2. Replacing, in Section 24, "Subsection 12.2" by "Subsection 13.1"
and "Section 13" by "Subsection 13.2 ".
3. Striking Subsection 24.2 and replacing it by: 24.2 In the Use
(Approved Regulation Schedule, Section 25, the uses enumerated in Subsections
by Atty. 25.1 through 25.7 are the principal uses of buildings or land, the
General, uses enumerated in Subsection 25.9 are accessory uses within the
July 25, definition of Section 1 of this By -Law, the uses enumerated in
1978. Subsections 25.8 and 25.10 include all uses, whether principal or
Posted accessory;
in Town
Office 4. Replacing, in Subsection 24.3, "25.95" by "Subsection 25.10.1 ";
Building
& nine 5. Striking Subsection 24.4 and replacing it by: 24.4 Residential
precincts apartments under Subsection 25.1.4 may only he permitted by Special
on Permit under Subsection 13.1 in the same structure with one or more
Aug. 16, of the uses listed in Subsections 25.4.1 through 25.4.4 and Sub -
1978.) section 25.6.5 through 25.6.9 of the Use Regulation Schedule and
subject to the following conditions:;
6. Replacing, in Subsections 24.5, 30.2, 30.3, 33.65, "Subsection
12.2" by "Subsection 13.1 ";
7. Replacing, in Subsection 28.18, "Section 13" by "Subsection 13.2 ";
8. Striking Section 13 and replacing it by the following:
SECTION 1 3.0 Special Permits
13.1 Special Permits (SP)
13.1.1 The Special Permit Granting Authority shall hear
and decide applications for special permits for uses as provided in
this By -Law, subject to any general or specific rules therein con -
tained, and subject to appropriate conditions, safeguards and
limitations on time or use. In granting a special permit, the SPCA
shall impose such additional conditions and safeguards as furthers
the following objectives: To lessen congestion in the streets, to
conserve health; to secure safety from fire, flood, panic and other
dangers; to provide adequate light and air; to facilitate the ade-
quate provision of drainage, parks, open space and other public
requirements; to encourage housing for persons of all economic
levels; to conserve the value of land and buildings, including the
conservation of natural resources and the prevention of blight and
pollution of the environment; to encourage the most appropriate use
of lands throughout the Town and to preserve and increase amenities.
Such special permit may be granted when in the judgment of the SPGA
the public welfare and convenience will be substantially served
thereby, where a requested permit will not tend to impair the status
of the neighborhood, and only for uses which are in harmony with
the general purpose and intent of this By -Law.
13.1.2 At the time of filing the applicant shall file
one copy with the Town Clerk and six copies with the Special Permit
Granting Authority which shall forthwith deliver copies to the
Planning Board, Board of Selectmen, Conservation Commission, Board
of Health and Town Engineering Department. The SPGA shall hold a
hearing on any properly completed application within 65 days after
filing, shall properly serve notice of such hearing, and shall
render its decision within 90 days of said hearing.
(Adjourned Town Meeting - April 26, 1978.)
Article 66. 13.1.3 Construction on or use of property under a special
(Cont.) permit shall conform to any subsequent amendment of this By -Law
unless the use or construction is commenced within six months after
the issuance of the permit and in cases involving construction,
unless such construction is continued through to completion as
(As continuously and expeditiously as is reasonable. A special permit
adopted) shall lapse two years from the granting thereof or such shorter time
as specified in said permit if a substantial use thereof has not
sooner commenced except for good cause or, in the case of a permit
for construction, if construction has not begun by such date except
for good cause, but such period shall be extended by the time
-- required to pursue or await determination of an appeal.
13.2 Special Permits with Site Plan Review (SPS)
13.2.1 Site plan review by the SPGA is required prior to
approval of an application for a special permit in certain cases
specified in Section 25 (designated "SPS" in the Use Regulation
Schedule). In such cases, a special permit shall be issued only
if the SPGA makes a finding and determination that the proposed
placement of buildings, major topographic changes, provisions for
waste disposal, surface and ground water drainage, protection
against flooding and inundation, prevention of water pollution and
environmental damage, erosion control, parking areas, loading
areas, maneuvering areas, driveways, and the location of inter-
sections of driveways and streets will constitute a suitable devel-
opment and will not result in substantial detriment to the neigh-
borhood.
13.2.2 A person applying for a special permit under
Subsection 13.2 shall file with the SPGA six copies each of an
application and a preliminary site plan. Such application and site
plan shall include the elements on which the SPGA is to make a
finding and determination, as provided in Subsection 13.2.1 and
shall also include information as to the nature and extent of the
proposed use of the buildings, and such further information in
respect to such elements and use as the SPGA shall reasonably
require. At the time of application to the SPGA, there shall be
filed a plot plan for planting and landscaping showing type, size
and location of trees and shrubs.
13.2.3 The SPGA shall within three days (Saturdays,
Sundays and holidays excluded) of receipt of them transmit to the
Planning Board two copies of the application and site plan filed
under Subsection 13.2. The Planning Board shall consider these and
submit a final report thereon with recommendations to the SPGA.
The SPGA shall not make a finding and determination upon an appli-
cation until it has received the final report of the Planning Board
thereon or until. 35 days shall have elapsed since the transmittal of
said copies of the application and site plan to the Planning Board
without such report being submitted.
13.2.4 The SPGA shall hold a public hearing within 65
days after filing and, except as hereinafter provided, shall take
final action on an application within 90 days after the hearing.
Such final action shall consist of either (1) a finding and deter-
mination that the proposed construction, reconstruction, substantial
exterior alteration or addition will constitute a suitable develop-
ment and will not result in substantial detriment to the neighbor-
hood or (2) a written denial of the application for such finding
and determination, stating the reasons for such denial, which
reasons shall include a statement of the respect in which any
elements in and particular features of the proposal are deemed by
the SPGA to be inadequate, unsuitable or detrimental to the neigh-
borhood. A finding and determination may be made subject to such
reasonable conditions, modifications and restrictions set forth
therein as the SPGA may deem necessary to insure that the proposed
construction, reconstruction, substantial exterior alteration,
or addition will constitute a suitable development and will not
result in substantial detriment to the neighborhood.
(Adjourned Town Meeting - April 26, 1978.)
Article 66. 13.2.5 In the event that the SPGA approves a Special Per -
(Cont.) mit under these provisions, any construction, reconstruction, sub -
stantial exterior alteration, or addition shall be carried on only
in conformity with any conditions, modifications and restrictions
to which the SPGA shall have made its finding and determination
(As subject, and only in essential conformity with the application and
adopted) the site plan on the basis of which the finding and determination
are made.
13.2.6 The period within which final action shall be
taken may be extended for a definite period by mutual consent of
the SPGA and the applicant. In the event the SPGA determines
that the site plan and. evidence presented to it at the public hearing
are inadequate to permit the SPGA to make a finding and determina-
tion, it may, in its discretion, instead of denying the application,
adjourn the hearing to a later date to permit the applicant to sub-
mit a revised site plan and further evidence, provided, however,
that such adjournment shall not extend the 90 day period within
which final action shall be taken by the SPGA, unless said period
is extended to a day certain by mutual consent.
13.2.7 The SPGA shall file with its records a written
report of its final action on each application, with its reasons
therefor.
13.2.8 In the event the SPGA shall fail to take action
on an application within the times set forth in Subsection 13.2.4
or within such extended period as shall have been mutually agreed
upon as herein provided, then upon. the expiration of said times,
the SPGA shall be deemed to have found and determined that the
proposed construction, reconstruction, substantial external alter-
ation, or addition will constitute a suitable development and will
not result in substantial detriment to the neighborhood.)
Mr. Friedman filed the Planning Board Report covering Article 66
and stated that the Board unanimously supported this article.
9:1.3 P.M.
Main motion, as presented by Mr. Friedman, declared carried
unanimously. 9:15 P.M.
Article 67. Presented by Iris G. Wheaton.
MOTION: That the Zoning By -Law of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article
with the following changes in subsection 40.4 as printed in the material
distributed by the Planning Board, the words "Conservation Commission"
be changed to the words "Board of Appeals ".
and that a third sentence be added under subsection 40.4.1 as follows:
"All other development must meet at least the minimum standards as set
forth in the National Flood Insurance Program rules and regulations
effective April 1, 1978." 9:16 P.M.
(Motion as set forth in the motion attached to the report of the
Planning Board on Article 67 as follows: (with necessary corrections
incorporated)
(As MOTION: That the Zoning By -Law of the Town be amended as follows:
adopted)
1. By adding a new subsection 20.4 as follows:
"20.4 National Flood Insurance Districts: NFID - National Flood
Insurance Districts, which are superimposed on other districts,
and are regulated in Section 40."
(Adjourned Tow M eeting - April 26, 1978.) ;y
Article 67. (Motion as set forth in the motion attached to the report of the
(Cont.) Planning Board on Article 67 with necessary corrections incorporated:
(Cont.)
2. By adding a new subsection 22.7 as follows:
"22.7 NFID - National Flood Insurance Districts
(As
adopted) 22.71 National Flood Insurance Districts as defined in the
HUD Flood Insurance Study and as shown on maps entitled
"Flood Boundary and Floodway Map, Town of Lexington,
Massachusetts, effective June 1, 1978" and "Flood
(Approved Insurance Rate Map, Town of Lexington, Massachusetts,
by Atty. effective June 1, 1978" which are on file with the
General, Town Clerk."
July 25,
1978. 3. By adding the following sentence after the second sentence of
Posted Section 24:
in Town
Office "Use of land in the National Flood Insurance District shall be
Building governed by the requirements of Section 40, as well as the
& nine requirements of the Use Regulation Schedule."
precincts
on 4. By adding a new Section 40 as follows:
Aug. 16,
1978.) SECTION 40 - National Flood Insurance District
40.1 The purpose of this district is to insure proper flood
plain management consistent with criteria established by
the National Flood Insurance Program.
40.2 The National Flood Insurance District shall not supercede
other zoning districts but shall be deemed to be super-
imposed over these other zoning districts.
40.3 This district shall include all special flood hazard areas
designated either as Zone A or Zone Al through A30 on the
Flood Insurance Rate Map (F.I.R.M.).
40.4 The Board of Appeals shall be the Special Permit Granting
Authority for this section. Special Permits for construc-
tion or substantial improvements may be granted subject to
the following requirements.
40.4.1 Within those areas designated as Zones Al through
A30, all new residential construction or substantial
improvements (the cost of which equals or exceeds
fifty percent of the market value of the structure)
shall have the lowest floor, including basement,
elevated to or above the base flood level ('the
100 -year flood elevation) designated on the F.I.R.M.
Nonresidential structures must be elevated to or
above the base flood level or must be floodproofed
and watertight to the base flood level. All other
development must meet at least the minimum standards
as set forth in the National Flood Insurance Program
rules and regulations effective April 1, 1978.
40.4.2 Within those areas designated as Zone A, where the
base flood level is not identified on the F.I.R.M.,
the applicant for a special permit shall provide the
SPGA with data defining the base flood level. This
data will be used to comply with the requirements of
Section 40.4.1.
40.4.3 Within those areas designated as a floodway, the
SPGA shall grant no special permit for the following
encroachments unless a registered professional
engineer or architect certifies that such encroach-
ments will not result in any increase in the flood
level during the occurrence of the 100 year flood
discharge:
( Adjourned Town Meeting - April 26, 1978.)
Article 67. (Motion as set forth in the motion attached to report of the Planning
(Cont.) Board on Article 67 with necessary corrections incorporated (Cont.)
40.4.3 (Cont.)
Landfill or dumping of any kind
Construction or substantial improvements
Permanent storage of materials or equip-
ment
Construction permitted within a floodway must comply
with the requirement of Section 40.4.1.
40.4.4 Where watertight floodproofing of a structure is
permitted, a registered professional engineer or
architect shall certify that the methods used are
adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces, and other
factors associated with the 100 year flood.)
Iris G. Wheaton stated that the Planning Board unanimously supported
this article and filed the Report of the Planning Board on Article 67.
9:27 P.M.
Main motion, as presented by Mrs. Wheaton under Article 67, declared
carried unanimously. 9:28 P.M.
Article 68. Temple E. Scanlon moved that this article be indefinitely postponed.
Carried Unanimously. 9:29 P.M.
Article 69. William J. Dailey, Jr. moved that this article be indefinitely
postponed.
Carried Unanimously. 9:29 P.M.
Mary W. Miley moved that Article 49 be taken from the table. This motion was
carried unanimously. 9:30 P.M.
(See Page 330)
Article 49. (Motion as presented by Mary W. Miley at the April 12, 1978 session of
this town meeting - see page 330:
MOTION: That the Selectmen be and they are hereby authorized to convey
the discontinued portion of Hinchey Road from Hartwell Avenue a distance
of 600 feet more or less to its end as shown upon a plan on file in the
office of the Town Clerk dated January 19, 1961 to either of the two
abutting owners for not less than $15,000.00 and on such other terms as
the Selectmen deem advisable, provided that the grantees will bear all
expenses of the conveyance.)
Mrs. Miley moved to amend her motion by striking the sum of $15,000.00
and substituting therefor the figure $45,000.00. 9:32 P.M.
Mrs. Miley's motion to amend is adopted by voice vote. 9:34 P.M.
Main motion, as amended now read.s:
(Motion MOTION: That the Selectmen be and they are hereby authorized to convey
as the discontinued portion of Hinchey Road from Hartwell Avenue a distance
adopted) of 600 feet more or less to its end as shown upon a plan on file in the
office of the Town Clerk dated January 19, 1961 to either of the two
abutting owners for not less than $45,000.00 and on such other terms as
the Selectmen deem advisable, provided that the grantees will bear all
expenses of the conveyance.
Main motion, as amended, carried unanimously. 9:34 P.M.
(Julian J. Bussgang abstained from voting on Article 49.)
(Adjourned Town Meeting - April 26, 1978.)
Mary W. Miley moved that Article 50 be brought up for consideration.
(Article 50 was recommitted to the Board of Selectmen at the April 12, 1978
session of the this town meeting - See Page 330.)
Mrs. Miley's motion to bring up Article 50 at this time was carried unanimously.
9:35 P.M.
Article 50. (See Page 330.)
Presented by Mary W. Miley.
MOTION: That the Selectmen be and they are hereby authorized to
accept as a gift from the Commonwealth of Massachusetts approximately
eleven acres of land consisting of Parcels 101 through 107 as shown
on a plan entitled "The Commonwealth of Massachusetts, Plan of Road in
the Town of Lexington, Middlesex County, Laid out as a State Highway
by the Department of Public Works, January 20, 1953, Scale: 40 feet
to the inch, W.C. Tuttle, Chief Engineer, Layout No. 4034 ", recorded
in the Middlesex South Registry of Deeds, Book 8029, Page 479, for
conservation, recreation and housing purposes.
9:35 P.M.
Mrs. Miley stated that this land is to be used only for public
purposes. 9:37 P.M.
Motion, as presented by Mrs. Miley, carried unanimously. 9:39 P.M.
At the request of Otis S. Brown, Jr., Chairman of the School Committee, Robin
Jacobsohn of the championship Lexington High School Debating Team was brought to
the front of the hall amid a standing ovation. Proclamations were read by
Margery M. Battin for the Board of Selectmen and by Moderator and State Represent-
ative Lincoln P. Cole, Jr. for the House of Representatives. The team was being
recognized for winning the Massachusetts competition on April 15, 1978.
9:45 P.M.
The Moderator stated that the motion on the floor at this time is the motion
to reconsider Article 4 (with the exception of line item #7920) with fourteen
minutes left to debate. (See Page 357.) 9:46 P.M.
Motion to reconsider Article 4 (with the exception of line item #7920) as
offered by James M. McLaughlin at the beginning of this session of town meeting
(See Page 357) was not adopted. 9:47 P.M.
Daniel E. Power moved for reconsideration of Article 17. 9:47 P.M.
(See Pages 292 and 293.)
Alfred S. Busa stated that the Board of Selectmen were unanimous in support of
the sidewalks being built. 9:54 P.M.
Standing vote on Mr. Powers's motion to reconsider Article 17 as follows:
Precinct In Favor Tellers Opposed
1 3 Stephen W. Doran 7
2 6 Donald D. Wilson 11
3 17 Erna S. Greene 3
4 8 Daniel L. McCabe 6
5 12 Guy W. Doran 5
6 9 Sam V. Nablo 3
7 8 David Reiner 6
8 10 Ione D. Garing 5
9 13 Roy Weinstein 0
At large 2 Edward E. Furash 20
88 66
Motion to reconsider Article 17, as offered by Mr. Powers, prevails,
9:57 P.M.
(Adjourned Town Meeting - April 26, 1978.)
Article 17. (See Pages 292, 293 and 363.)
(Motion as presented by Alfred S. Busa at the March 22, 1978 adjourned
session of this town meeting and as adopted:
MOTION: That the Selectmen be and they hereby are authorized to
construct concrete, bituminous concrete or other sidewalks, at such
locations as they shall determine, where the abutting owner pays one -
half of the cost or otherwise, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land and
to appropriate the sum of $34,000.00 for such construction and land
acquisition, and that such amount be raised in the tax levy.)
Daniel E. Power moved to amend the original motion by striking the
amount of $34,000.00 and substituting therefor the amount of $20,000.00.
9:58 P.M.
Planning Board member Manfred P. Friedman stated that he supported the
main motion but will support the amendment. 10:03 P.M.
Daniel E. Power stated that he would abstain from voting on this
amendment. 10:11 P.M.
Mr. Powers motion to amend Article 17 declared lost by voice vote.
10:12 P.M.
In answer to a question by Ephraim Weiss, Alfred S. Busa stated that
if a sidewalk does not need replacement, then it would not be replaced.
10:13 P.M.
John F. Downey, Jr. moved the previous question, which was declared
carried by voice vote. 10:15 P.M.
Main motion, as offered by Mr. Busa on March 22, 1978, declared lost
by voice vote. 10:15 P.M.
Article 70. Presented by Margery M. Battin.
MOTION: That the sum of $261,000.00 be appropriated to reduce the
tax rate for the fiscal year beginning July 1, 1978, and that such
amount be transferred from the Excess and Deficiency Account.
10:15 P.M.
Mrs. Battin commented that this would be $1.00 on the tax rate.
Motion, as presented by Mrs. Battin, declared carried unanimously.
10:15 P.M.
The Moderator stated that the motion on the floor at this time is Article 48.
(See Page 330.) 10 :15 P.M.
Article 48. Presented by Robert B. Kent.
MOTION: That the Selectmen be and they hereby are authorized to
convey all or any part of the land adjacent to the Burlington town
line acquired pursuant to the vote under Article 10 of the warrant for
the June 14, 1971 Special Town Meeting to the original owners on such
terms as the Selectmen shall determine and that the Selectmen be and
they are hereby authorized to petition the General Court for an act
to authorize such conveyance.
10:17 P.M.
Barry Altman gave notice that he would abstain from voting on this
article.
Mr, Kent stated as of this date the Moss land has been settled for
$100,000.00 which would be 40G on the tax rate. The Board of Select -
men are unanimous in asking support for this article. 10:23 P.M.
(Adjourned Town Meeting - April 26, 1978.)
Article 48. Lloyd Gilson, aided by Graydon M. Wheaton, spoke in opposition.
(Cont.) 10:35 P.M.
Martha C. Wood stated that Precinct 7 was unanimous in opposition
to this article. 10:39 P.M.
Mr. Kent stated that if the motion is adopted, the board will consider
settling claim and no .right of way could be acquired for land devel-
opment in Burlington. If the motion is defeated, the board will try
to get a negotiated settlement. 10:57 P.M.
Mary W. Miley said that Precinct 7 was not unanimously opposed to
this motion as she is a resident of Precinct 7 and would be affected
by traffic etc. but nevertheless she supports the article. 11:23 P.M.
Mr. Kent commented that the Nordblum land is the only land to be
conveyed back. 11:25 P.M.
Donald B. White stated that a majority of the Appropriation Committee
supports this article. 11:28 P.M.
Joseph :0. Rooney moved the previous question which was declared
carried by voice vote. 11:40 P.M.
As this motion needs a two- thirds vote, the Moderator asked for a
standing vote with results as follows:
Precinct In Favor Tellers Opposed
1 6 Stephen W. Doran 3
2 11 Donald D. Wilson 5
3 12 Erna S. Greene 8
4 11 Ruth S. Thomas 3
5 8 Guy W. Doran 8
6 7 Sam V. Nablo 7
7 0 David Reiner 15
8 14 Ione D. Garing 1
9 9 Roy Weinstein 3
At large 12 Edward E. Furash 8
90 61
Less than the required two - thirds having voted in favor, the main
motion as presented by Mr. Kent is not adopted. 11:45 P.M.
Margery M. Battin moved that this meeting be dissolved.
Carried Unanimously. 11.:45 P.M.
A true copy.
Attest:
a a_
r
i
Mary R. McDonough, Town Clerk
Allen Lee Whitman, Jr., 31 Turning Mill Road, Town Meeting Member from
Precinct Seven, died on May 26, 1978.
Francis X. Fields, 53 Dexter Road, having received the next highest number of
votes as a defeated candidate for Town Meeting Member in Precinct Seven at the
March 6, 1978 election, accepted a position as Town Meeting Member from Precinct
Seven effective June 9, 1978. Mr. Fields will fill the vacancy caused by the
death of Mr. Whitman for a term expiring in March 1979.
Joan P. Crothers, 60 Meriam Street, resigned as a Town Meeting Member from
Precinct Six effective June 12, 1978.
Earl F. Baldwin, Jr., 77 Meriam Street, having received the next highest
number of votes as a defeated candidate for Town Meeting Member in Precinct Six
at the March 6, 1978 election, accepted a position as Town Meeting Member from
Precinct Six effective June 19, 1978. Mr. Baldwin will fill the vacancy caused
by the resignation of Mrs. Crothers for a term expiring in March 1979.
Edward E. Furash, 15 John Poulter Road, resigned as a Town Meeting Member from
Precinct Four effective July 13, 1978.
Robert M. Gary, 29 Highland Avenue, having received the next highest number
of votes as a defeated candidate for Town Meeting Member in Precinct Four at the
March 6, 1978 election, accepted a position as Town Meeting Member from Precinct
Four effective August 14, 1978. Mr. Gary will fill the vacancy caused by the
resignation of Mr. Furash for a term expiring in March 1979.