HomeMy WebLinkAbout1966-06-20-STM-min 1O8
SPECIAL TOWN- MEETING HELD JUNE 20, 1966
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Meeting called to order by the Moderator, Robert B. Kent, ate
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8:06 P . M.
There were 175 Town Meeting Members present.
Rabbi Herbert Rosenblum gave the invocation. 8:07 P. M.
Town Clerk, Mary R. McDonough, read the warrant for the meeting
until further reading was waived by the Moderator. 8:08 P. M.
The Town Clerk read the Constable's Return of the Warrant.
8:09 P. M.
Article 1. The Report of the Appropriation Committee plus a
Supplemental Report of said committee, as presented by
Frank T.- Parrish, Jr., was voted to be accepted and
placed on file. 8:10 P. M.
The Report of the Capital Expenditures Committee, as
presented by Hugh M. Chapin, was voted to be accepted
and placed on file. 8:10 P. M.
The Final Report of the Lexington School Sites Committee, .
as presented by Gordon E. Steele, was voted to be
accepted, placed on file and the committee discharged.
8:15 P. M.
Article 2. Presented by Robert Cataldo.
VOTED: That the Selectmen be and hereby are authorized, on
behalf of the Town, to enter into a contract or contracts
for the construction and original equipping and furnishing
of alterations and additions to the Town Public Works
Building located at 201 Bedford Street, and to supervise
the work; and that the sum of $66,000.00 be appropriated
for the alterations to and the equipping and furnishing
of the present building and that payment be provided by
the transfer of $15,000.00 from the unexpended balance
of the appropriation for the construction of sewer mains
in a portion of Worthen Road voted under Article 8 of
the Warrant for the Special Town Meeting held on November
25, 1963, the transfer of $3,100.00 from the unexpended
balance of the appropriation for engineering services
voted under Article 14. of the Warrant for the Special Town
Meeting held on November 25, 1963, the transfer of
$31,900.00 from the unexpended balance of the appropria-
tion for the installation of sewer mains voted under
Article 16 of the Warrant for the 19614 Annual Town
Meeting, and the transfer of $16,000.00 from the un-
expended balance of the appropriation for final plans
and specifications for the construction and original
equipping and furnishing of alterations and additions to
the Town Public Works Building voted under Article 37 of
the Warrant for the 1966 Annual Town Meeting; and that
the sum of $339,000.00 be appropriated for the con-
struction, original equipping and furnishing of said
additions and that payment be provided by the transfer of
$11,000.00 from the unexpended balance of the supple-
mentary appropriation for the construction, original
equipping and furnishing of an addition to the Cary
Memorial Library building voted under Article 16 of the
Warrant for the Special Town Meeting held on November
19, 1956, and by the issue of bonds or notes of the
Town for the balance of $328,000.00; and that the
Treasurer, with the approval of the Selectmen, be and
she hereby is authorized to borrow the sum of $328,000.00
and issue bonds or notes of the Town therefor, to be
payable in accordance with the provisions of Chapter 144
of the General Laws, as amended, within a period not
exceeding ten years from their dates.
8:18 P. M.
549
Article 2. John E. Harvey moves for indefinite postponement.
(Cont. ) 8:27 P. M.
Indefinite postponement declared lost by voice vote.
8:38 P.I .
Voice vote on main motion not unanimous, so standing
vote taken as follows:
In Favor Tellers Opposed
39 Alan S. Hodges 3'
46 Wallace B. Baylies, Jr. 4
32 Robert E. Meyer 1
36 Wilbur M. Jaquith 0
1S3 8
Declared adopted. 8:40 P. M.
Article 3. Presented by Robert Cataldo.
VOTED: That the Selectmen be and they hereby are
authorized to abandon such portions of the easement of
a building line in and through the property now or
formerly of Joseph Trani, Incorporated, and the
property now or formerly of Bessie G. Baker on the
northeasterly side of Massachusetts Avenue, as are no
longer required by the Town, said easement having been
acquired by the Town by eminent domain by Order dated
December 16, 1930 and registered in Middlesex South
Land Registry District as Document No. 110252; that the
minimum amount to be paid for such abandonment shall be
$1.00; and that the instrument of abandonment shall be
in such form as the Selectmen by the execution thereof
shall approve.
Carried Unanimously 8:48 P. M.
Article 4. Presented by Lincoln P. Cole, Jr.
VOTED: To appropriate the sum of $22,300.00 as a
supplementary appropriation to be used in conjunction
with money appropriated under Article 8 of the Warrant
for the Special Town Meeting held on June 8, 1964 and
under Article 12 of the Warrant for the Special Town
Meeting held on November 23, 1964 for installing sewer
and water mains, conduits and drains under the portion
of Route 2 to be reconstructed in the Town and under any
roads constructed in the Town in connection therewith as
authorized by votes under said Article 8 and Article 12,
and to provide for payment by transfer from the Excess
and Deficiency Account.
Carried Unanimously 8:50 P. M.
Article 5. VOTED: To accept Section 20C of 'Chapter 90 of the
(Presented General Laws, inserted by Section 6 of Chapter 786 of the
by Acts of 1962, as amended by Sections 1 and 2 of Chapter
Lincoln P. 451 of the Acts of 1963, which is an Act relative to the
Cole, Jr.) non-criminal disposition of parking violations in cities
and towns in the Commonwealth.
Carried Unanimously 8:52 F. M.
Article 6. Presented by Linooln P. Cole, Jr.
VOTED: To amend the Building By-Law by adding in Section
2 of Article II thereof immediately following the first sentence of
said Section 2a new sentence to read as follows:
The Board of Selectmen may also at any time and for
such terms as it may determine appoint such additional
0„d, assistant building inspectors as it may deem necessary
?1 for the proper enforcement of building, zoning and sign
` J~`l by-laws, and other laws, by-laws and regulations admin-
istered or enforced by the Building Inspector.
8:55 P. M.
510 cn
Article 6. Joseph A. Campbell reads a statement of the Planning Board
(Cont. ) in favor of this article. 8:55 P. M.
CD
Discussion by various speakers.
Carried by voice vote. 9:12 P. M.
Joseph A. Campbell moves to take up Article 9 which was carried
by voice vote. 9:13 P. M.
Article 9. Presented by Joseph A. Campbell.
MOTION: To amend the Zoning By-Law by striking out the
(Motion figure 100 in the first sentence of paragraph b. of
adopted - subsection (b) 1. of Section 8 thereof under the caption
See C 1 Districts and by inserting in place thereof the
Page figure 150, so that said first sentence shall read as
511) follows:
For each permitted principal and accessory building,
other than principal buildings permitted in an R 1
or R 2 district, a parking area on the lot containing
not less than one parking space, as hereinafter
defined, for each 150 square feet or fraction thereof
of floor area in said buildings.
9:15 P . M.
Mr. Campbell reads the Report of the Planning Board.
9:15 P. M.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
32 Alan S. Hodges 289
21 Wallace B. Baylies, Jr.
19 Robert :E. Meyer 11
21 Wilbur M. Jaquith 13
93 61
Less than two-thirds voted in favor, motion not adopted.
9:30 P. M.
Article 7. Presented by Joseph A. Campbell.
VOTED: To amend the Zoning By-Law by striking out sub-
paragraph (2) of subsection (b)l.a. of Section 8 thereof
(Approved under the caption C 1 Districts and by inserting in place
by thereof the following new subparagraph (2) :
Attorney
General, (2) If a boundary of the lot abuts on or is within 10
Edward W. feet of land in an R 1, R 2 or A 1 district, a side yard
Brooke, or rear yard, whichever is applicable, adjoining such
July 8, boundary not less than 20 feet in width, of which yard
1966. ) the 10 feet nearest such boundary shall be unpaved
and may contain only grass, plants, shrubs, trees and
fences, and shall not be used for parking, driveways
or outdoor storage.
9:32 P. M.
Mr. Campbell reads the Report of the Planning Board.
9:34 P. M.
Mr. Campbell then reads a prepared statement as a
supplemental report on Article 7. 9:35 P. M.
Roland B. Greeley gives notice of reconsideration of
Article 9. 9:39 P. M.
Standing vote taken as follows:
511
Article 7. In Favor Tellers Opposed
(Cont. )
32 Alan S. Hodges 11
33 Wallace B. Baylies, Jr. 20
25 Robert E. Meyer 4
24 Wilbur M. Jaquith 9
114 44
Motion declared adopted. 9:50 P. M.
Article 9.
Joseph A. Campbell moves for reconsideration of Article 9.
9:50 P. M.
Carried by voice vote. 9:50 P. M.
Mr. Kent, Moderator, declared the motion under Article 9 is
now open. 9:50,P. M.
Standing vote taken on main motion under Article 9 as follows:
(Article 9 In Favor Tellers Opposed
Approved by
Attorney 33 Alan S. Hodges 10
General, 27 Wallace B. Baylies, Jr. 24
Edward W. 21 Robert 4 Meyer 8
Brooke, 23. Wilbur M. Jaquith 7
July 8io4 49
1966.) Declared adopted. 10:04 P. M.
Article 8. Presented by Joseph A. Campbell.
VOTED: To amend the Zoning By-Law by adding at the end
of subsection (g) of Section 5 thereof under the caption
All Districts the following new paragraph 7:
7. Lot width or frontage on the frontage street shall be
measured along the street line between the boundaries
of a lot and shall not include jogs in street width,
(Approved back-up strips and other irregularities in street
by Attorney line. Where more than one half of the lot frontage is
General, on a circular turnaround or on a curve of less than
Edward W. 100 feet radius, such frontage or lot width may be
Brooke, reduced to not less than 60 per centum of the distance
July 8, otherwise required, provided that the distance between
1966.) lot boundaries measured in a line parallel to the
street line and at a distance therefrom equal to the
required front yard shall be not less than the frontage
or lot width otherwise required and further provided
that such distance at front yard depth shall be
dimensioned on a plan approved or endorsed by the
Planning Board.
10:05 P. M.
Mr. Campbell reads the Planning Board Report.
10:05 P. M.
Ephraim Weiss moves that this article be recommitted to
the Planning Board for further study and be presented at
the next town meeting. 10:12 P. M.
Motion of Mr. Weiss declared lost by voice vote. 10:13 P.M.
Mr. Weiss offered- an- amendment but it was ruled out of
order by the Moderator. 10:15 P . M.
Main motion, as presented by Mr. Campbell, carried
unanimously. 10:15 P. M.
Article 10. Presented by Joseph A. Campbell.
VOTED: To change to Philip Road the name of the un-
accepted portion of Moreland Avenue between Worthen Road
and Rockville Avenue. 10:17 P . M.
Mr. Campbell reads a statement by the Planning Board.
10:18 P. N.
Carried by voice vote. 10:19 P. M.
Article 11. Presented by Joseph A. Campbell.
VOTED: That the Selectmen be and they hereby are auth- CD
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orized to accept on behalf of the Town a deed conveying
to the Town, under the provisions of subparagraph f. of
paragraph 2 of subsection (a) of Section 8 of the Zoning
By-Law, a parcel of land containing 1.5 acres, more or
less, substantially as shown on a plan entitled "Plan
of Proposed Lots in Lexington, Mass.", dated April 9,
1966, by Miller and Nylander, Civil Engineers and
Surveyors.
10:20 P. M.
Various speakers.
James F. Flynn moves the previous question.
Carried Unanimously 10:37 P . M. -
Motion, as presented by Mr.. Campbell, carried by
voice vote. 10:37 P. M.
James F. Flynn moves to adjourn the meeting until June 22, 1966
at 8 P. M. which was declared lost-by voice vote. 10:37 P. M.
Jules P. Sussman moves that Articles 12, 13, 14 and 15 be taken
up in reverse order - Articles 15, 14, 13 and 12.
Carried Unanimously 10:39 P. M.
Article 15. Presented by Jules P. Sussman.
VOTED: That the Selectmen be and hereby are authorized
on behalf of the Town to purchase, take by eminent
domain or otherwise acquire for playground, street, and
other public purposes all or any part of a parcel of
land shown as Parcel B on plan entitled "Town of Lex-
ington, Mass. Planning Board Proposed Streets in Con-
servation Areas", dated June 1966, said Parcel B being
a portion of Lot 3 on plan entitled "Land of Peter J.
Kinneen at Lexington", dated July 27, 1917, F. P.
Cutter, (C.E. ) , recorded in Middlesex South District
Registry of Deeds, Plan Book 260, Plan 50, and all or
any part of a parcel of land shown as Parcel A on
said plan entitled "Town of Lexington, Mass. Planning
Board Proposed Streets in Conservation Areas", said Parcel
A being a portion of a parcel of land adjacent to said
Lot 3, containing 16- acres, more or less, and believed
to be owned by New Amsterdam Casualty Company et al;
and to appropriate therefor the sum of $3,360.00, and
to provide for payment thereof by transfer from the
Excess and Deficiency Account.
10:40 P. M.
Various speakers.
Frank T. Parrish, Jr. moves for indefinite postponement.
11:03 P. M.
Indefinite postponement declared lost by voice vote.
11:12 P. M.
Motion, as presented by Mr. Sussman, carried unanimously.
11:13 P. M.
Article 14. Presented by Jules P. Sussman.
MOTION: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to purchase or '
otherwise acquire, in the name of the Town, for con-
servation purposes as provided by Section 8C of Chapter
40 of the General Laws, all or any portion of a parcel
of land containing about 9.55 acres, being shown as
Lot 3 on plan of "Land of- Peter J. Kinneen at Lexington,
July 27, 1917, F. P . Cutter (C.E. ) Lexington", recorded
in Middlesex South District Registry of Deeds in Plan
Book' 260, Plan 50, and a parcel of land
'3
Article 14. adjacent thereto containing 16 acres, more or less,
(Cont. ) and believed to be now owned by New Amsterdam Casualty
Company et al; and that the Selectmen be and hereby are
authorized on behalf of the Town to take by eminent
domain for the aforesaid purposes such part or all of
the above described premises or any interest therein as
shall be requested in writi by the Conservation
Commission; and to appropriate therefor the sum of
$52,640.00 and to provide for payment thereof by transfer
from the Excess and Deficiency Account.
11:16 P. M.
Joseph A. Campbell, for the Planning Board, recommends
passage of Article 14. 11:18 P. M.
Frank T. Parrish; Jr. moves to amend the article by
striking out the amount of $52,640.00 and inserting in
place thereof the amount of $41,640.00. 11:22 P. M.
Lincoln P. Cole, Jr. stated that the Board of Selectmen
agree with the Appropriation Committee on the change in
the figure. 11:24 P. M.
Hugh M. Chapin gives the approval of the Capital
Expenditures Committee. 11:25 P. M.
The amendment offered by Mr. Parrish declared adopted
by voice vote. 11:25 P. M.
Main motion, as amended, carried unanimously 11:26 P. M.
as follows:
VOTED: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to purchase or
otherwise acquire, in the name of the Town, for conserva-
tion purposes as provided by Section 8C of Chapter 40
of the General Laws, all or any portion of a parcel of
land containing about 9.55 acres, being shown as Lot 3
on plan of "Land of Peter J. Kinneen at Lexington,
July 27, 1917, F. P . Cutter (C.E. ) Lexington", recorded
in Middlesex South District Registry of Deeds in Plan
Book 260, Plan 50, and a parcel of land adjacent thereto
containing 16 acres, more or less, and believed to be
now owned by New Amsterdam Casualty Company et al; and
that the Selectmen be and hereby are authorized on be-
half of the Town to take by eminent domain for the afore-
said purposes such part or all of the above described
premises or any interest therein as shall be requested in
writing by the Conservation Commission; and to appropriate
therefor the sum of $41,640.04 and to provide for payment
thereof by transfer from the Excess and Deficiency
Account.
(Carried Unanimously 11:26 P. M. )
Article 13. Presented by Jules P. Sussman.
MOTION: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to purchase or
otherwise acquire, in the name of the Town, for conserva-
tion purposes as provided by Section 8C of Chapter 40 of
• the General Laws, all or any portion of a parcel of land
containing 29,786 square feet, more or less, as shown on
a plan dated June 15, 1962, made by Albert A. Miller and
Wilbur C. Nylandiar, Civil Engineers and Surveyors,
recorded in Middlesex South District Registry of Deeds,
Book 10129, Page 36, and the fee or any lesser interest
in all or any part of that portion of Lot B situated
southerly of Stratham Road as shown on plan entitled
"Plan at Lexington, Mass..", dated July 12, 1922, recorded
in Middlesex South District Registry of Deeds, Plan Book
308, Plan 26; and that the Selectmen be and hereby are
authorized on behalf of the Town to take by eminent
• domain for the aforesaid purposes such part or all of the
above described premises or any interest therein as shall
be requested in writing by the Conservation Commission;
M
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Article 13. and to appropriate therefor the sum of $12,500.00, and
(Cont.) to provide for payment thereof by transfer from the
Excess and Deficiency Account.
11:28 P . M.
Joseph A. Campbell states that, by a vote of four to
one, the Planning Board recommends defeat of Article 13.
11:35 P. M.
Frank T. Parrish, Jr. states that the Appropriation
Committee is in favor of Article 13. 11:36 P. M.
Shirley D. Bayle wishes to be recorded as abstaining
from voting on Article 13 and then speaks in opposition
of the article. 11:46 P. M.
Various speakers.
Norman J. Richards speaks in opposition and moves the
previous question which was carried'unanimously.
11:59 P. M.
Main motion, as presented by Mr. Sussman, declared lost
by voice vote. 12:03 A. M.
Article 12. Presented by Jules P. Sussman.
MOTION: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to purchase or
otherwise acquire, in the name of the Town, for conserva-
tion purposes as provided by Section 8C of Chapter 40 of
the General Laws, all or any part of a parcel of land
believed to contain 36 acres, more or less, situated in
East Lexington and bounded northwesterly by other land
of the Town; northeasterly by the Lexington-Winchester
town line; and southeasterly by the Lexington-Arlington
town line, said parcel being the land substantially as
described in three deeds recorded in Middlesex South
District Registry of Deeds, Book 9596 Page 406; Book
9442, Page 113; and Book 6918, Page 184; and all or any
part of a parcel of land on the southwesterly side of
Winchester Drive, bounded southwesterly by other land of
the Town and believed to contain 8,000 square feet, more
or less, and being the land substantially as described
in a deed recorded in Middlesex South District Registry
of Deeds, Book 9962, Page 441; and that the Selectmen be
and hereby are authorized on behalf of the Town to take
by eminent domain for the aforesaid purposes such part
or all of the above described premises or any interest
therein as shall be requested in writing by the Conserva-
tion Commission; and to appropriate therefor the sum of
$110,975.00; and to provide for payment by the transfer
of $20,975.00 from the unexpended balance in the appro-
priation to the Conservation Fund under Article 81 of
the warrant for the 1966 Annual Town Meeting and by the
issue of bonds or notes of the Town for the balance of
$90,000.00; and that the Treasurer, with the approval of
the Selectmen, be and she hereby is authorized to borrow
the sum of $90,000.00 and to issue bonds or notes of the
Town therefor, to be payable in accordance with the
provisions of Chapter 44 of the General Laws, as amended,
within a period not exceeding one year from their dates.
12:05. A. M.
Joseph A. Campbell speaks for the Planning Board - two in
favor, two opposed and one abstaining from voting.
Frank T. Parrish, Jr. moves for indefinite postponement.
12:21 A. M.
Robert Cataldo said that the Board of Selectmen are in
favor of indefinite postponement. 12:22 A. M.
F4.
Article 12. Indefinite postponement carried by voice vote.
(Cont. ) 12:32 A. M.
Twenty members doubted the vote, so a standing vote
taken as follows:
In Favor Tellers Opposed
19 Alan S. Hodges 16
27 Wallace B. Baylies, Jr. 8
14 Robert E. Meyer 8
17 Wilbur M. Jaquith
77 37
Indefinite postponement carried. 12:35 A. M.
Article 16. Presented by Robert C. Hargrove.
VOTED: To appropriate, subject to validation by or
authority of the General Court, the sum of $653.39 to
cover disbursements from the appropriation under
Article 11 of the Warrant for the Special Town Meeting
held on November 25, 1963, in excess of the amount
then available, and to provide for payment thereof by
transfer from the Excess and Deficiency Account.
Carried Unanimously 12:35 A. M.
Lincoln P . Cole, Jr. moves that this meeting be dissolved.
Carried Unanimously 12:36 A. M.
A true copy.
Attest: Th
A 1L
Town Clerk