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HomeMy WebLinkAbout1968-1974 Town Records Book 20 1 SPECIAL ELECTION TOWN MEETING MEMBERS •- PRECINCT TWO MARCH 18, 1968 A special election for Town Meeting Members of Precinct Two only was held in Estabrook Hall at 7:30 P. M. to decide on a three year term or one year term between George E. Rowe, Jr. and Francis G. Fuery because of a tie vote at the Annual Town Election held March 4-, 1968. Elizabeth M. Flynn, Chairman of Precinct Two Town-Meeting Members, called the meeting to order at 7:30 P. M. There were 15 Town Meeting Members from Precinct Two present. Results of the paper ballot voting as follows: Francis G. Fuery 15 George E. Rowe, Jr. 0 Total 15 Francis G. Fuery was duly elected as a Town Meeting Member in Precinct Two for a three year term ending in March 1971. George E. Rowe, Jr. was duly elected as a Town Meeting Member in Precinct Two for a one ,year term ending in March 1969. 7//144/ "'V kL-14.4 a n Town Clerk I:1 ANNUAL TOWN MEETING HELD MARCH 18, 1968 Meeting called to order by the Moderator, Robert B. Kent, at 8:01 P. M. n a There were 184. Town Meeting Members present. The Invocation was offered by Rev. Martin U. McCabe of the Sacred Heart Church. 8:04. P. M. The Moderator asked the Town Meeting Members to remain standing for a moment of silence in memory of members who have passed away since the last meeting. The Town Clerk read the warrant until further reading was waived and thalread the Constable's Return. 8:06 P.M. Article 2, Frank T. Parrish, Jr. moves that the Appropriation Committee Report and the amended report be accepted and placed on file. 8:07 P. M. Mr. Parrish explains that if the recommendations of the Appropriation Committee are followed, the tax rate would be raised by $4.60. Motion of Mr, Parrish carried unanimously. 8:10 P. M. i s — n Hugh M. Chapin moves that the Report of the Capital Ex- ' _„ penditures Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Leslie H. York presents the final report of the Public Facilities and Information Building Committee and moves that the report be accepted and the committee be discharged. Carried Unanimously 8:11 P. M. 2 Article 2. Margery M, Battin moves that the Structure of Town Govern. ::lent Committee Report be accepted and placed on file. Carried Unanimously 8:11 P. M. Aiden Lassell Ripley moves that the Report of the Lexing. ton Hunting Safety Committee be accepted and placed on ° file. Carried Unanimously 8:11 P. M. Natalie H. Riffin moves that the Interim Report of the Town-Wide Beautification Committee be accepted and placed on file. ° rt Carried Unanimously 8:12 P. M. Charles E. Parks moves that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Carried Unanimously 8:12 P. M. William R. Whalon moves that 'the Report of Regional Refuse Disposal Planning Committee be accepted and placed on file. Carried Unanimously 8:12 P. M: Ruth Morey moves that the final report of the Town General By.Laws Committee be accepted, placed on file -and the committee discharged. 8:12 P. M. Mrs. Morey-asked that Allan Green, Chairman of the Town General By!•Laws Committee be recognized. Mr. Green read the report of the committee. Motion, as presented by Mrs. Morey, carried unanimously. 8:14 P. M. Article 3. Presented by Lincoln P. Cole, Jr. MOTION: That a committee of three be appointed by the Moderator to have 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 Lincoln P. Cole, Jr. R MOTION: That the following amounts be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. Selectmen's Department #1000 Personal Services $ 33,366.00 1025 Clerical Labor Pool 6,000.00 1050 Expenses ° 5,400,00 1100 Out of State Travel 350.00 1125 Fire & Police Medical - 500.00 1130 Guides Director 1,000.00 8:16 P. M. Town Clerk's Department 1150 , Personal Services - 15,694.00 1200 Expenses 1,049.00 1250 Vital Statistics 636.00 1350 Out of State Travel 390.00 8:17 P. M. Trustees of Public Trusts 1450 Expenses 425.00 8:17 P. M. 3 Article 4. Board of Appeals (Cont. ) " #1500 Personal Services $ 3,067.00 1550 Expenses 1,300.00 8: L7 P. M. Planning Board 1600 Personal Services 18,591.00 1650 Expenses 3,930.00 1655 Out of State Travel` 350.00 8:17 P. M. T Insurance 1700 Group 90,600.00 1750 Municipal Property 8:17 P. M. 73,000.00 (There was general discussion regarding these two items.) - T 8:25 P. M. Printing Town Report 1760 Expenses 6,000.00 8:17 P. M. Law Department 1775 Personal Services 20,000.00 1800 Expenses 7,500.00 1825 Special Fees 4,000.00 Fees 1850 _ Special Counsel 6,500.00 8:26 P. W. Elections T 1900 Jurisdiction Selectmen 15,380.00 1950 Jurisdiction Town Clerk 10,820.00 E 8:26 P. M. Board of Registrars 2000 Personal Services 4,147.00 2050 Expenses 4,965.00 8:28 P. M. Appropriation Committee 2250 Expenses 3,270.00 8:29 P. M. Capital Expenditures Committee 2300 Expenses 75.00 8:29 P. M. m Standing School Building Committee 2350 Expenses 150.00 8:29 P. M. Permanent Building Committee rt 2360 Expenses 500.00 8:29 P. M. Town Celebrations Committee " 2400 Expenses 5,200.00 8:29 P. M. Historic Districts Commission 2450 Expenses 1,500.00 8:29 P. M. Article 4. Conservation Commission - (Cont.) #2460 Expenses $ 1,000.00 8:29 P. M. Recreation Committee 2470 Personal Services 33,200.00 2480 Expenses 7,835.00 8:30 P. M. Treasurer's Department r 2500 Personal Services 9,490.00 2525 Expenses 796.00LI 2575 Foreclosure & Redemption P. M. 100.00 Collector's Department R 2650 Personal Services 13,610.00 2700 Expenses 2,100.00 2750 Metered Mail 7,500.00 8:30 P. M. Comptroller 2800 Personal _Services 4}x.4.,522.00 2850 Expenses 2,155.00 2900 Out of State Travel 635.00 2925 Office Machines - Capital Outlay 4,800.00 2930 Office Machines - Maint. & Repair 3,505.00 8:30 P. M. Assessors ' Department 2950 Personal Services 29,209.00 3000 Expenses 2,825.00 3025 Professional Services ' a 100.00 3050 Out of State Travel 200.00 8:35 P. M. Health Department 3250 Personal Services r 15,715.00 3300 Expenses 10,000.00 3350 Out of State Travel 250.00 3385 Engineering 500.00 3400 Animal Inspection 1,270.00 3450 Rabies Clinic N. 1,120.00 8:36 P. Dental Clinic 3550 Personal Services A 5,250.00 3600 Expenses 800.00 8:37 P. M. Police Department 3750 Personal services 470,000.00 (Of which $6,000,00 is to be transferred from the Parking Meter Fund. ) 3800 Expenses 59,600.0011 3900 Parking Meter Maintenance - 2,000.00 (Of which $2,000.00 is to be transferred from the Parking Meter Fund. ) 3950 Out of State Travel 3,725.00 8:37 P. M. Dog Officer 4000 Personal Services 750.00 4050 Expenses 900.00 8:37 P. M. Article 4.. Fire Department (Cont. ) #4.100 Personal Service's " r $ 4.65,000.00 4150 Expenses 4.6,500.00 4200 Ambulance Maintenance 1,590.00 4225 Out of State Travel " rt 350.00 4250 Forest Fires 100.00 8:37 P. M. Civil Defense 4.300 Personal Services 9,000.00 4.350 Expenses - 8,750.00 4.360 Civil Defense - 'Auxiliary Fire 650.00 4.4.00 Out of State Travel 275.00 8:38 P. M. ' There is general discussion concerning Civil Defense. Edward M. Kassler, Chairman of the Civil Defense Advisory Council gives an explanationof the budget. 8:52 P. M. Sumner P. Wolsky moves to amend Account #4.300 by striking out the figure $9,000.00 and substituting therefor the figure $4.0500.00. 8:55 -1). M. Lotte E. Scharfman moves to lay" Article 4 upon the table which was carried by voice vote. 9 P. M. F - ' ' Lotte E. Scharfman moves to take up Article 66 which was carried by voice vote. 9:01 P. M. o Article 66. Presented by Lincoln P. Cole., Jr. MOTION: To raise and appropriate the sum of $4.,600.00 for the construction and installation of additions to the Civil Defense warning system and the relocation of three existing warning devices. 9:02 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee is opposed to this article. 9:06 P. M. n ftHugh M. Chapin states that the Capital Expenditures Committee is unanimously opposed to this article. 9:07 P. M. Various speakers. Joseph 0. Rooney moves the previous question which was carried unanimously. 9:20' 'P. M. Motion, as presented by Mr. rCole, declared lost by voice vote. 9:20 P. M. Voice vote doubted, so standing vote taken as follows: rt In Favor Tellers Opposed 6 Leslie H. York 30 20 Gordon E. Steele 20 9 Robert H. Kingston 31 34 Richard K. Eaton 26 69 107 Motion not adopted. 9:22 P. M. Mr. Cole moves that Article 4 be taken from the table which was ,carried unanimously. 9:23 P. M. Article 4.. The Moderator states that the meeting is now open on the amendment presented by Sumner P. Wolsky as follows: "To amend Account #4.300 by striking out the figure $9,000.00 and substituting therefor the figure $4,500.00." C) Article !.}.. General discussion on Mr. Wolskyts amendment and: the Civil (Cont..) Defense Department. 9:37 P. M. The amendment, as presented by Mr. Wolsky, declared lost by voice vote. 9:37 P. M. Inspection Department #4450 Personal Services $ 30,000.00 4500 Expenses 1,670.00 4550 Out of State Travel 125.00 9:38 Po M'. _ Weights & Measures 4600 Personal Services 1,500.00 4650 Expenses 789.00 9:38 p. M. Public Works Department 4.900 Personal Services ' 542,000.00 9:39 P. M. Public Works - Suptts. Office 4950 Personal Services 53,817.00 5000 Expenses 1,800.00 5050 Out of State Travel 750.00 9:42' P. M. ' Engineering Department ' 5100 Personal services 115,557.00 5150 Expenses 3,850.00 Frank T. Tarrish, Jr. moves to amend Account #5100 by striking out the figure" $115,557.00 and substituting therefor the figure $89,000.00. 9:45 P. M. Robert Cataldo speaks against the amendment. 9:50 P. M. Lincoln P. Cole, Jr. serves notice of reconsideration of Article 66. 9:51 I. H. General discussion on the Engineering Department budget. Amendment, as offered by Mr. Parrish,' declared carried by voice vote at 10:02 P. M. so that the Engineering Department budget, as amended, reads as follows: Engineering Department ' 5100 Personal services 89,000.00 5150 Expenses 3,850.00 10:02 P. M. Town Offices & Cay Memorial Buildin.i 5200 Personal Services' 21,683.00 5250 Expenses 36,500.00 10:02 P. M. I] e n � Public Works Building 5350 Expenses r 18,525.00 10:05 P. M. Highway Maintenance ' 51. 00 Expenses 96,000.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund. ) 10:05 P. M. - 1 7 Article I{.. Road Machinery (Cont,) #5450 - Expenses 55,000.00 10:05 P. M. Snow Removal 55.00 Expenses 100,000.00 (Of which $4,000.00 is to be transferred from. the Parking Meter Fund.) 10:05 P. M. Traffic Regulation & Control 5550 Expenses 8,500.00 10:05 P. M. Street Lights 5600 Expenses 89,000.00 10:05 P. M. Street Siel 5650 Expenses 1,800.00 10:05 P. M. Sewer Maintenance 5700 Expenses 21 ,500.00 10:05 P. M. Sewer Services 5750 Expenses 12,000,00 10:05 P. M. Garbage Collection i 5800 Expenses _ 70,000.00 10:05 P. M. Sanitary Land Fill 5850 Expenses 40,000:00 10:06 P. M. Water Maintenance 5900 Expenses 1.}.2,000.00 10:06 P. M. Water Services - 5950 Expenses 11,000.00 10:06 P. M. Park Department 6000 Expenses 40,500.00 10:06 P. M. Insect Suppression _ _I 6050 Expenses r 2,600.00 10:06, P. M. . r Shade Tree 6100 - Expenses 10,500.00 10:06 P. M. - Dutch Elm 6150 Expenses , 3,600.00 10:06 P. M. S Article 4. Public Facilities Building (Cont.) #6200 Expenses $ 2,300.00 10:07 P. M. Public Welfare 67475 Personal Services 7,700.00 6800 Administration 315.00 10:07 P. M. Aid and Expenses 6825 Expenses 168,000,00 I� 10:07 P. M. Veterans' Benefits 7100 Personal Services 6,285.00 7150 Expenses 1,325.00 7200 Aid & Expenses 35,000.00 10:08 P. M. Graves Registration 7250 Expenses R 350.00 10:08 P. M. Soldiers Burials 7300 Expenses 250.00 10:08 P. M. Cemetery Department 7350 Personal Services a 49,750.00 (Of which $5,000.00 is to be transferred from the Westview Perpetual Care Fund, and $2,000.00 transferred from the Westview Sale of Lots Fund.) 7400 Expenses 94 7,140.00 (Of which $3,000.00 is to be transferred from the Westview Sale of Lots Fund.) 10:08 P. B. Cary Memorial Library R 7500 Personal Services .: 174,000.00 7550 Expenses ** 60,200.00 $6,922.75 is also available, as State Aid to Libraries. ** To which will be added $2,832.80 received from the County-Dog License Fees. 10:08 P. M. Board of Retirement . 7800 Accrued & Normal Liability 75,195.40 7850 Expenses 1,600.00 10:08 P. M. School Operation r-� 7900 Personal Services 6,652,000.00 (To which the sum of $217,759.00 in available an& anticipated P.L. 874, ESEA P.L. 89.10 and METCO., Title III Funds is to be applied, and the balance is raised and appropriated under this article.) 7925 , Expenses 1,054,706.00 7950 Out of State Travel 11,900.00 7960 Vocational Education 9,655.00 ?970 Athletics 82,500.00 8000 Adult Education 11,750.00 10:10 P. M. 9 Article L1.. Debt Payment (Cont. ) #8500 Interest on Debt $ 361,087.00 8525 Interest on Anticipation Loans 43,831.00 8550 Maturing Debt 1,216,000.00 10:10 P. M. Frank T. Samuel, Jr. moves to amend Article L1., #3800, the Police Expense Budget, to read $61,000.00 instead of $59,600.00, 10:12, P. M. Amendment, as offered by Mr. Samuel, declared lost by voice vote. 10:15 P. M. Robert Cataldo moves to amend Article 4, Account #5100 by striking out the figure $9,000.00 and substituting therefor the figure $100,000.00. 10:17 P. M. Frank T. Parrish, Jr., Appropriation Committee, opposes the amendment. 10:20 P. M. Amendment, as, offered by Mr. Cataldo, declared lost by voice vote. 10:22 P. M. Main motion under Article L , as amended, •declared carried by voice vote. 10:23 P. M. Sanborn C. Brown serves notice of reconsideration -of Article Li., 10:23 P. M. Article 5. Presented by Lincoln P. Cole, Jr. MOTION: To establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes at the folbwing annual rates: - , Town Clerk- $11,500.00 Town Treasurer1, 00.00 Town Collector of Taxes 8,000.00 the increase over the rates established last year to become effective April 1, 1968, and to raise and appropriate therefor the sum c' $21,600.00. 10:25 P. N. Frank' T. Parrish, Jr. moves to amend the motion offered under Article 5 by striking* out the figure of $11,500 for the salary of the Town Clerk, by substituting therefor the figure of $10,000, by striking: oit- the total amount of money requested for the Town Clerk, the Town Treasurer and the Collector of Taxes, and by substituting for the latter figure the total sum of $20,371, 10:25 P. M. Mr. Cole and Paul G. Yewell speak against the amendment. 10:29 P. M. Amendment, as offered by Mr. Parrish, declared lost by voice vote. 10:30 P. M. Main motion,- as presented by Mr. Cole, declared carried by voice vote. 10:30 P. M. Article 6. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money Presented from time to time in anticipation of the revenue of the by financial years beginning January 1, 1968 and January 1, 1969, Lincoln and to issue a note or notes therefor, payable within one P. year, in accordance with the provisions of General Laws, Cole, Jr. Chapter 44, Section L nand to renew=any note or notes as may be given for a period 9f less than one year, in accordance with the provisions of General Laws, Chapter }11i , Section 17. Carried Unanimously 10:32 P. M. iU Article 7. Lincoln P. Cole, Jr. moves that this article be -indefinitely postponed. Carried Unanimously 10:33 P. M. Article 8. Presented by Lincoln P. Cole, Jr. MOTION: To raise and appropriate the sum of $66.00 to pay the unpaid bill for prior years of -the following account: CRMETEHE DEPARTMENT - EXPENSES Custom Care Rental -Service, Inc. , $66.00 Carried Unanimously 10:34 P. M. - 1 Article 9. Presented by Lincoln P. Cole, Jr. n a Fl MOTION: To raise and appropriate the sum or $100,000.00 for the Reserve Fund. - x Carried Unanimously 10:34 P. M. Article 10. Presented- by Lincoln P. Cole, Jr. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1968. aCarried Unanimously 10:34 P. M. Article 11. Presented by Lincoln P. Cole, Jr. MOTION: That the sumo $31,500.00 be raised and appropriated for- pensions for retired members of the Police Department, and their dependents, and that the sum of $12,000.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 10:35 P. M. Article 12. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals- in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 10:35 P. M. Article 13. Presented by Thomas G. Taylor. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized on behalf of the town to retain professional services- and prepare final plans and specifications and to obtain bids for the construction and original equipping and furnishing of a new- Junior High School on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes under the authority of the vote adopted under Article 3 of the Warrant for the Special Town Meeting of June 7, 1965, and to appropriate therefor the sum of $125,000.00 to be raised in the current tax levy. n 10:37 P. M. Logan Clarke, Jr. speaks for the School Committee in favor of this article. 10:43 P. M. Various speakers. Motion, as presented by Mr. Taylor, declared carried by voice vote. 10:48 P. h. 11 Lincoln P. Cole, Jr. moves for reconsideration of Article 66 which was declared lost by voice vote. 10:50 P. M. Sanborn C, Brown moves for reconsideration of Article Li_ which was declared lost by voice vote. 10:50 P. H. Lincoln P. Cole, Jr. moves that the meeting be adjourned to Wednesday, Mardi 20, 1968 at 8 P. M. 10:50 P. M. The Moderator, Robert B. Kent, publicly thanks the Boy Scouts for manning the microphones. The motion, offered by Mr. Cole, to adjourn was carried r=7 unanimously. 10:50 P. M. if ?in Town Clerk • t P P ADJOURNED TOWN MEETING HELD MARCH 20, 1968 Meeting called to order by the Moderator, Robert B. Kent, at 8:04 Pee M. There Were 179 town Meeting Members present. Invocation offered by Rev. Allan B." King, Jr. of the Church of Our Redeemer. 8:05 P. M. 77 Lincolh P. Cole, Jr. moves that Article 76 be taken up at this L time which was carried unanimously. 8:07 P. M. Article 70. Presented by Lincoln P. Cab , Jr. MOTION: To raise and appropriate the sum of $10,000.00- to the ConservatiOn Fund to be expended by the Conservap. tion Commission in conjunction with funds appropriated by the Town of Arlington for the purpose of obtaining, by means of a hydrological study, information pertinent to the proper development and utilization of a certain tract of land in Lexington owned by the Town of Arlington and known as the Great Meadows. 8:08 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee is opposed to this article. 8:12 P. M. Evert N. Powle states that the Planning Board is unanimously in favor of this article, 8:18 P. M. After general dis9ussion Stillman P. Williams moves the previous question which was declared carried by voice vote. 8:26 P. M. HMain motion declared carried by voice vote. 8:27 P. M. Article 14. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are auth- orized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets as the Selectmen may determine, subject to the assessment of betterments or otherwise, 12 Article 14. and to take by eminent domain,purchase or otherwise acquire (Cont.) any fee,- easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $7,000.00, and- to provide for payment- thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:28 P. M. Article 15. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition --• thereto, 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 $287,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8:30 P. M. Frank T. Parrish, Jr. serves notice of reconsideration of Article 70. 8:32 P. M. - - Article 15. Frank T. Parrish, Jr. moves to amend Article 15 by (Cont.) striking out the figure $287,000.00 and substituting therefor. the figure $248,000.00. - :33 P. M. Hugh M. Chapin states that the Capital Expe3dit res 8 s Committee is in favor of the amendment. : General discussion. 8:)!1! P. M. Allen Lee Whitman, Jr. moves to lay this article on " the table which was declared lost by voice vote. 8:45 P. M. n A Lincoln P. Cole, Jr. speaks in favor of the article. 8:46P. M. Amendment, as offered by Mr. Parrish, declared carried by voice vote. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 15 Frederick E. Tucker 20 27 r Frank L. Stevens, Jr. 10 18 Robert A. Bittenbender 17 27 James E. Storer 33 87 81 Amendment declared carried. 8:L8 P. M. -Main motion, as amended, carried unanimously. 8:49 P.M. Article 16. Presentedhby Robert Cataldo. MOTION: That the Selectmen be and they hereby are I] authorized to install a sewer main or mains in such locations as the Selectmen may determine from a proposed subdivision near the intersection of East Street and Ridge Road and extending easterly to a point in Lowell Street approximately 1.1.00 feet northerly of its intersection with the northerly end of Laconia Street, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 1 Article 16. for such installation and land acquisition the sum of (Cont.) $148,000.00,` and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:50 P. M. Article 17. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install a sewer main or mains, including a pumping station and appurtenances, in such locations as the Selectmen-may -determine, beginning at a point in Lowell Street approximately 1500 feet northerly from Woburn Street and extending easterly approximately 11400 feet to a proposed pumping station near Marshall Road, thence southerly in Marshall Road and westerly in Woburn Street to its intersection with Lowell Street, subject to the assessment of betterments or otherwise; in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 $91,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:52 P. M. Article 18. Presented by Robert Cataldo. MOTION: That the 'Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the 'Selectmen may determine from a point on Hill Street near Diana Lane to a point on Cedar Street near Freemont Street, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire ri any fee, easement or other interest in land necessary theref-or; and to appropriate for such installation and land acquisition the sum of $40,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:53 P. M. Robert, Cataldo serves notice of reconsideration of Article 15. 8:53 P. M. Article 19. Presented by- Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install a sewer main or mains, including a pumping station and appurtenances, in such locations as the Selectmen may determine, from the existing Woodhaven trunk sewer at a point approximately 1300 feet south. easterly from the intersection of Shade Street and Spring Street to a point in Spring Street near the Waltham city line and to a point in Barberry Road near said city line, subject to the assessment of betterments or otherwise, • in accordance with Chapter 5014. of the Acts` of 1897, and all acts in amendment thereof and in addition thereto, 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 $84,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:55 P. M. 14 Article 20. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are azthorized' to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepeningor 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 other.— wise, and to take by eminent domain, purchase or other• wise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate therefor the sum of $41,80000. Carried Unanimously 8:56 P. M. Article 21. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are author.. ized 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 raise and appropriate therefor the sum of $40,000.00. 8:57 P. 114. Francis T. 'Worrell stated that the Planning Board made a survey of sidewalks of the entire town and will be making recommendations to the Board of Selectmen. 8:58 P. M. Carried by voice vote. 9 P. M. Article 22. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00 and to provide for payment thereof by transfer j from the Excess and Deficiency Account. Carried Unanimously 9:01 P. M. �.. Article 23„ Presented by Lincoln P. Cole, Jr. MOTION: " That the sum of $4,500.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 9:02 P. M. Article 24. Presented by Lincoln'P. Cole, .Jr. - (Motion MOTION: That the sum of $60,000.00 beraised and lost. appropriated for reconstruction of Adams Street from See East Street to the Burlington line under Chapter 90 Page highway construction. 25. ) 9:02 P. M. Martin I. Small presents an amendment which is ruled out of order by the Moderator. 9:08 P. M. Mr. Small then urges defeat of this article. 9:10 P. M. After general discussion, Milton L. Gould moves the previous question which was declared carried by voice vote. 9:18 P. M. Main motion declared carried by voice vote. 9:21 P. M. Article 25, Lincoln P. Cole; Jr. moves that this article be in. definitely postponed. Carried Unanimously 9:21 P. M. 15 Article 26. Presented by Lincoln P, Cole, Jr. MOTION: To appropriate the sum of $83,200.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:22 P. M. Article 27. Presented by Lincoln -P. Cole, Jr. MOTION: To enlarge the scope of the Road Machinery Fund by credittag to. said: fund an amount based on hourly— rental for the use of motorized equipment of the Depart. nent of Public Works when used on various projects carried on under the direction of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the State ,for the use of similar equipment. Carried,. Unanimously 9:23 P. M. Martin I. Small serves notice of reconsideration of Article 2L.. 9:23 P. M. Article 28. Lincoln P. Cole, Jr. moves that this article be indefinitely postponed. Carried Unanimously 9:23 P. M. Article 29. Presented by Lincoln P. Cole, Jr. 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 1969 Annual Town Meeting. Carried Unanimously 9:25 P. M. Article 30. Presented by Logan Clarke, Jr. MOTION: To,, raise and appropriate the sum of $1,000.00 fpr development of a parking area with a temporary surface on land abutting on Worthen Road and adjacent to the south, side of the Senior High School Field House. 9:25 P. M. Frank T. Parrish, Jr. moves for indefinite postponement. 9:30 P. M. - After general d5.sciission, indefinite postponement was declared lost by voice vote. 9:37 P. M. Voice vote doubted, so standing vote taken as follows: _ In Favor Tellers Opposed 10 r Frederick E. Tucker 26 24 Frank L. Stevens, Jr. 12 7 Robert A. Bittenbender 28 1�1 James E. Storer 20 r 82 0 86 Indefinite postponement not adopted. 9:38 P. M. n o a Charles H. Cole, 2nd moves to amend the motion by [— striking out the word "development" and substituting therefor the words "design and cost appraisal" and by striking out the words "with a temporary surface" 9:L.O P. M. After general discussion, Jack L. Mitchell moves the previous question which was declared carried unanimously. 9:50 P. M. Mr. Cole's amendment declared carried by voice vote. 9:50 P. M. 8 16 Article 30. Main motion,- as amended, now reads: (Cont.) MOTION: To raise and appropriate the sum of $1,000.00 for design and cost appraisal of a parking area on land abutting -on Worthen Road and adjacent to the south side of the Senior High School Field House.. Carried by voice vote. 9:50 P. M. Robert Cataldo moves for reconsideration of Article 15, 9:50 P. M. Mr. Cataldo explains why he wishes the article to be reconsidered. 9:55 P. M. Reconsideration of Article 15 declared lost by voice vote. 9:56 P. M. -- Article 31. Presented by Lincoln P. Cole, Jr. MOTION: - That the sum cf $9,000.00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section kA of Chapter 252- of the General Laws. Carried Unanimously 9:57 P. M. Article 32. Presented by Lincoln P. Cole, Jr. MOTION: That the 3lectmen be and they hereby are authorized to obtain appraisals on and options- for land or rights therein that they desire to recommend be acquired by the Town as locations for-future streets or for playground or recreational or off-street parking or school purposes and that the Selectmen be and they hereby are authorized on behalf of the Town to acquire by purchase) eminent domain, or otherwise, such lands or rights therein for such purposes as are or may be in- cluded in options obtained by the Selectmen; and to raise and appropriate for such appraisals, options and land acquisitions the sum of $2,500.00. Carried Unanimously 9:58 P. M. Article 33. Presented by Lincoln P, Cole, Jr. (Approved MOTION: To amend Article XXI of the General By-Laws of by Attorney the Town by striking out- the° figure "$1,000" wherever General, it appears and by substituting in place thereof the Elliot L.Richardson, figure "2,000". May 20, 9:58 P. M. 1968. ) Various speakers. Carried by voice vote. 10:02 P. M. Article 34. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and hereby are authorized to purchase four voting machines; and to raise and appropriate the sum of $8,300.00 therefor. Carried Unanimously 10:05 P. M. Article 35. Presented by Lincoln P. Cole, Jr. MOTION: That the sum of $4,000..00 be appropriated for r- the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 10:05 P. M. Article 36. Presented by Lincoln P. Cole, Jr. POTION: That the sum of $10,0.00.00 be appropriated under the authority of Chapter 570 of the Acts of 19-62, to be expended by ,the Selectmen for reimbursing sub dividers for part of the cost of constructing ways or insts7.lingmunicipal services, .as required by the Planning its in approval of definitive subdivision plans under the Subdivision Control Law, .of a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and to provide forpayment thereof by transfer from the Excess and Deficiency Account. [— 10:06 P. M. 4 a After general discussion, themotionwas declared carried by voice vote. 10:13, P. M. Article 37. Presented by Lincoln P. Cole, Jr. , .. MOTION: That the sum of $7,220,00 be raised and appropriated to be expended under the direction of the Board of Health for providing cooperative complementary facilities to the outepatient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 123 of the General Laws in coopera. tion with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic.. Carried Unanimously 10:14 P. M. Article 38. Presented by Lincoln ,P-. Cole,- Jr. MOTION: That the Selectmen be and they hereby are authorized to abandon such portions of the sewer easement in land of Harriet M. Hamilton as are no longer required by the Town, said easement being a part of the easements acquired by the Town by eminent domain by Order dated May 8, 1967, recorded in .Middlesex South District Registry --- ' of Deeds, Book 11328, -Page 665; 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 10:15 P. M. Article 39. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to appoint, under the provisions of Chapter 147, Section 21A, of—the General Laws, as a police cadet, for a period of full»time "on the job" training, one cr more citizens resident in- the- Town, each of whom is not less than eighteen or more than twenty«three years of age, who meets the physical qualifications required for applicants for appointment to the police force in the Town, and who is determined by the Selectmen to be of good moral character, such appointment or appoint« ments to be on such other terms and conditions as the Selectmen may determine; and to raise and appropriate the sum of $5800.00 for the compensation of such cadet or cadets and any expenses incident to said appointment or appointments and touthe employment, education and r— training of the cadet or cadets so appointed. 10:17 P. M, - Frank T. Parrish, Jr. states that the Appropriation Committee is in favor -of the article. 10:2L P. M. After general discussion, the motion was declared carried by voice vote. 10:28 P. M. 18 Article 40. Lincoln P. Cole, Jr. moves that this article be indefinitely postponed, Carried Unanimously 10:28 P. M. Article 41. Presented by Fred C. Bailey. MOTION: That the sum of $15,000,00 be raised and appropriated for the purchase by the Board of Fire Commissioners of an equipped fire rescue truck for the Fire Department, and that the Board of Fire Commissioners be and they hereby are authorized to turn in the present fire rescue truck to apply toward the purchase price. Carried Unanimously 10:30 P. M. Article 42. Presented by Fred C. Bailey. MOTION: That the sum of $11,500.00 be raised and appropriated for the purchase by the Board of Fire Commissioners of an equipped fire alarm service truck for the Fire Department. Carried Unanimously 10:33 P. M. Article 43. Presented by Lincoln P. Cole, Jr. MOTION: To amend the General By-Laws of the Town by inserting after ARTICLE XXIX thereof the following new article: ARTICLE XXX MUNICIPAL DATA PROCESSING CENTER Section 1. The Town shall have a Municipal Data Processing Center for the use of any department, office, board, committee or agency of the Town, including the school committee and any public authority the activities of which are confined to the Town. Section 2. Said center shall be under the super. vision and control of the Data Processing Coordinator, who shall be the Comptroller appointed under the provisions of Chapter 777 of the Acts of 1965 and who shall provide programs or systems for the collection, processing, storage and retrieval of in- formation and the preparation of reports, 10:35 P. M. Richard M. Perry; Comptroller, gives an explanation. 10:40 P. M. Lotte E. Scharfman moves to refer this matter to a committee, to be appointed by the Moderator, composed of town meeting members and representatives from Appropriation Committee, Capital Expenditure, School Committee, Board of Selectmen and the Comptroller to study the feasibility of establishing a Mmicipal Data Processing' Center for the use of any department, - office, board, committee and agency of the Town, in., eluding the school committee and any public authority within the Town. The committee shall make a report to - the Annual Town Meeting of 1969, including a recommends... tion for' appropriation needed to implement the conmdtteels recommendations. 10:40 P. M. Allen Lee Whitman, Jr, moves to amend the amendment by striking out the word "Moderator" and substituting therefor the words "Town- Treasurer". ' This amendment was declared lost by voice vote. 10:47 P. M. General discussion. 10:55 P. M. Article 43. Standing vote taken as follows on the amendment as 1 " (Cont. ) offered by Mrs. Scharfman: 33 A In Favor Tellers Opposed 22 - Frederick E. Tucker 13 12 Frank L. Stevens, Jr. 23 23 Robert A. Bittenbender 12 39 - James E. Storer -23 96 n 71 Amendment adopted. 10:.56 P. M. Article 44. Presented by Lincoln P. Cole, Jr. MOTION: To accept Section 6J of Chapter 40 of the General Laws of Massachusetts, as amended by Chapter 90 of the Acts of '1964, whish is an Act authorizing cities and towns to purchase rain wear and other work clothes for their employees. Carried Unanimously 10:57 P. M. Article 45. Presented by Lincoln -P. Cole, Jr. MOTION: To appropriate the sum of $6,922.75 received in 1968 as State Aid to public libraries to be used by the Trusteesof Cary Memorial'Library in improving and extending library services in Lexington. Carried Unanimously 10:57 P. M. Article 46. Presented by Lincoln P. Cole, Jr. MOTION: To raise and appropriate the sum of $17,550.00 for a survey, preparation of-plans and structural work for control and corr.ectioft of fungi and beetle_larvae damage at the Branch Library. Carried Unanimously 10:57 P. M. Article 47. Presented by Lincoln P. Cole, Jr. MOTION: To raise and appropriate the sum of 2750.00 for painting the exterior of Cary Memorial Library. Carried Unanimously 10:58 P. M. Article 48. Presented by Natalie H. Riffin. MOTION: That the time within which the Town«»Wide Beautification Committee established under Article 75 of the 1967 Annual Town Meeting shall report be extended to the 1969 Annual Town Meeting. Carried Unanimously 11 P. M. Lincoln P. Cole, Jr. moves that the meeting be adjourned to Monday,- March 25, 1968 at '8 P. M. Carried Unanimously 11:01 P. M. -444,(47 )/k' U Town Clerk 20 ADJOURNED TOWN MEETING HELD MARCH 25, 1968 Meeting called to order by the Moderator, Robert B. Kent, at 8:04 P.M. There were 188 Town Meeting Members present. Invocation offered by Rev. Kenneth E. Peterson of the First Baptist Church. 8:05 P. M. Article 2. Frank T. Parrish, Jr., Chairman of the Appropriation Committee, states that through Article 48 $12,222 has been added to the recommendations of the Appropriation Committee which adds 61 to the estimated tax rate of $51.60. n F 8:05 P. M. Article 49. Presented by Evert N. Fowle.. MOTION: To amend the Zoning By...Law as follows: A. By striking out the description of District 1. in. subsection (I) of Section 4 under the caption CH 1 Commercial and hotel districts and by inserting in place thereof the following description: 1. A district on the southwesterly side of Bedford Street bounded and described as follows: north.- easterly by the southwesterly line of Bedford Street as laid out by the Commonwealth of Massachusetts on June 3, 1958, Layout 4689; southeasterly by a line parallel to andd .start 175 feet northwesterly from the south- easterly boundary of land shown on Land Court Plan 31699-B and owned now or formerly by Heritage Hotels, Inc.; southwesterly by a line parallel to and distant 1,200 feet northeasterly from the northeasterly side of'the Boston and Maine Railroad right-of-way; and northwesterly by part of the southeasterly boundary of land now or formerly of Onel DeFelice and Mary Agnes Siekman and by the southeasterly boundary of land now —' or formerly of Russell C. Davenport 872 feet more or less, and by the southeasterly boundary of land now or formerly of Howard A. and Elaine L. Smith, 200 feet more or Rless. B. By adding at the end of subsection (f) of Section 4 under the caption CM 1 -• Commercial - light manufacturing districts the following new district: 3. A district on the southwesterly side of Bedford Street bounded and described as follows: northeasterly, easterly and southeasterly by the Bedford Street-Route 128 interchange as laid out by the Commonwealth of Massachusetts on August 30, 1960, southwesterly by a line parallel to and distant"1,200 feet northeasterly from the northeasterly line of the Boston and Maine — Railroad right-of-way and northwesterly by the south- easterly boundary of Lot B shown on Land Court Plan 9475-A. C. By adding at the end of subsection (f) of Section I;. under the caption CM 1 - Commercial - Light manufacturing districts the following new district: 4. A district on the southwesterly side of Bedford Street bounded and described as follows: northeasterly by Bedford Street )123 feet more or less; southeasterly by --� the southeasterly boundary of land now or formerly of — Howard A. and Elaine L. Smith 200 feet and by the south easterly boundary of land now or formerly of Russell C. Davenport and part of the southeasterly boundary of land now or formerly of Onel DeFelice and Mary Agnes Siekman 872 feet more or less to the line parallel to and distant 1,200 feet northeasterly from the northeasterly side of the Boston and Maine Railroad right.'of«-way; southwesterly 21 Article 49. by said line parallel to and distant 1,200 feet (Cont. ) " northeasterly from the northeasterly side of the Boston and Maine Railroad right. of-way; northwesterly, nor"th-• easterly and again northwesterly by"the southeasterly " line of Hartwell Avenue; and northerly by the inter- section of Hartwell Avenue and Bedford Street 82.75 feet. D. By adding anew subsection (k) in Section 4 thereof under the caption GEOGRAPHICAL DESCRIPTIONS OF DIST_HDTS as follows: (k) CS . Service and trade districts 1. A district on the southwesterly side of Bedford Street bounded and described as follows: northeasterly by the southwesterly line of Bedford Street as laid out by the Commonwealth of Massachusetts on June 3, 1958 a distance of 580.65- feet; easterly by the westerly line of Bedford Street-.Rte. 128 interchange as laid out by the Commonwealth of Massachusetts on August 30, 1960 a distance of 21.66 feet; southeasterly by the southeasterly boundary of Lot B shown on Land Court Plan 9475.»A; south. westerly by a line parallel to and distant 1,200 feet northeasterly from"the northeasterly line of the Boston and Maine Railroad right-of..way; and northwesterly by a line parallel to and distant 175 feet northwesterly from the southeasterly boundary of land shown on Land Court Plan 31699-B. 8:10 P. M. Mr. Fowle presents the Report `of the Planning Board, stating that the Board is unanimously in favor of this article. 8:15 P. M. Kingston L. Howard speaks against the article and moves that this article be indefinitely postponed. 8:34 P. M. Phyllis E. Thomas speaks against the article and in favor of indefinite postponement. She asks that Raymond E. Murphy be recognized. 8:35 'P. M. Mr. Murphy reads a petition signed by residents in the area who are opposed to this article. 8:37 P. M. Allen Lee Whitman, Jr. moves to refer Article 49 to the Planning Board for study and preparation of an overall plan including some consideration of the items set forth below: (1) Pertinent recommendations of the pending Hartwell Ave. "area traffic survey. - (2) Recommended safe vehicle egress from the now CH-1 land to Bedford Street, whether by separate access road or otherwise. (3) Recommended location of a motel together with - possible zoning change of a portion of the CH-1 land. (4) One or more- recommendations for the access to the large tract of GM-1 land which may become land locked by development of the frontage lots. (5) Recommendation for screening and buffering of the Hartwell Industrial area from adjacent residential areas. (6) Any other considerations which in the opinion of the Planning Board are important to the long range plan for the area. 77 8:40 P. M. Harold E. Stevens shows slides and explains the use of the land by the Ford Motor Company. 8:58 P. M. General discussion. Amendment, as offered by Mr. Whitman, declared lost by voice vote. 9:408 P. M. '2 2 Article 49. Mr. William R. Whalon speaks against the article. 9:13 P.M. (Cont.) Herbert W. Eisenberg moves the previous question which was declared carried by voice vote. 9:13 P. M. Evert N. Fowle speaks against indefinite postponement. 9:17 P. M. Standing vote on indefinite postponement taken as follows: In Favor Tellers Opposed 29 Richard H. Soule 24 18 Raymond J. Culler - 21 24 Robert G. Hargrove 2023 19 Frank H. "Totman, Jr. 90 88 Indefinite postponement "of Article 49 declared adopted. 9:'18 - Evert N. Fowle asks for a three minute recess which was granted. •9:19 P. M. ' The meeting was again called toorder at 9:23 P. -M. Evert N. Fowle moves that Article 49 be reconsidered. 9:25 P. M. After general discussion, reconsideration of Article 49 was declared lost by voice _vote. 9:32 P. M. Article 50. Evert N. Fowle moves that this article be ,indefinitely postponed. Carried Unanimously 9:32 P. M. Article 51. Presented by Evert N. Fowle. MOTION: To amend the Zoning By`-Law"by striking out subparagraph "c. of paragraph 4. of subsection (k) in Section 5 -thereof 'under the caption PERMITTED BUILDINGS AND USES and by inserting in place thereof the_ following new subparagraph C.: a. Automotive repair shops and gasoline service stationa.: 9:33 P. M. - Mr. Fowle reads the report of the Planning Board and states the Board is unanimously in favor. 9:35 P. M. Voice vote is not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 26 Richard H. Soule 25 14- Raymond.J. Culler 17 29 Robert G. Hargrove , 14 30 " - Frank H. Totman, Jr. 10 99 66 Less than the required two-thirds having voting in favor, the motion is not adopted. 9:37 P. M. ,l Kingston L. Howard moves that Article 94 be taken up at this J time. 9:37 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 33_ -. Richard. H:. Soule - . ' 11 19 Raymo,id J. Culler 21 17 Robert G. Hargrove 22 29 Frank H. Totman, Jr. 7 98 61 Motion to take up Article 94 at this time declared adopted. 9:40 P. M. Article 94. Evert N. Fowle moves that this article be indefinitely postponed. Carried by voice vote, 9:41 P. M. Article 52. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking Section (Approved 8(c) l.a. (I) thereof and by substituting in place thereof by the following: Attorney General, (1) If a boundary <of ,the lot abuts on or is within 10 Elliot L. feet of land in an R1, R2 ordistrict, a side yard or Richardson, rear yard, whichever is applicable, adjoining ,such May 20, boundary not less than 20 feet in width, of which yard 1968. ) 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. Except for the 10 feet nearest the boundary, the yard may be used for driveways and parking. 9:42 P. 3.'2. Mr. Worrell reads the Report of the Planning Board and states that they are unanimously in favor. 9:45 P.M. Carried Unanimously 9:45 P. M. Article 53. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out subparagraphs a. and b. and the words "on or after March 1:8, 1929 and" in subparagraph c, of paragraph 2. of subsection (a) in Section 8 thereof under the caption R 1 and R 2 Districts and by inserting therein the following new paragraphs a. and b.: a. Any lot lawfully laid out and recorded by plan or deed prior to March 18, 1929, provided such lot contains an area of not less than 5,000 sq. ft. and a frontage upon the frontage street of not less than 50 feet and on - ' the effective date of this amendment was not in common ownership with one or more contiguous vacant lots located in the same zoning district. b. Any lot lawfully laid out and recorded by plan or deed, provided such lot complied with area and frontage requirements for building lots in effect at the time of such recording and has an area of not less than 5,000 -sq. ft, and a frontage of not less than 50 ft. on a public way or a way shown on a plan approved under the Subdivision Control Law, may be granted a special permit-- by the Board of Appeals for an exception from the require- ; ments of paragraph 1. of this subsection (a) as to area and frontage only,- where a substantial area in the vicinity of such lot has been developed and built upon and the residences 'in such area have been constructed on lots having no more area and frontage than such lot and where substantial financial hardship to -the owner of such lot would result from the requirements of greater area and frontage than generally prevail in the area. 9:47 P. M. Mr. Lund presents the Report of the Planning and states that the Board is unanimously in favor. 9:48 P. M. ri Joseph A. Campbell and James E. Brown speak in opposition. 9:52 P. M. Charles H. Cole, 2nd speaks in favor. 9:53 P. M. Standing vote taken as follows: 24 Article 53. In Favor Tellers" Opposed (Cont. ) n r °20 Richard H. Soule 31 19 Raymond J. Culler 18 34 ' Robert G. Hargrove 12 21 Frank H. Totman, Jr. 18 94 a a 79 Less than two-thirds having voted in favor, the motion is not adopted. 9:55 P. M. Article 54. Presented ,by Erik Lund, MOTION: To amend the Zoning By.Law by adding at the end of paragraph 3. of subsection .(d) under the caption C 2 Districts in Section 5. thereof the following new subparagraph c.: (Approved by c. Residential apartments in the same structure Attorney with one or more uses permitted in paragraphs 1. through General, 5., inclusive, of :subsection (c) of this Section 5. Elliot L. , under the caption C 1. Districts, :subject to all of the Richardson, following conditions : May 20, 1968.) (1) There shall be ,no apartments on other than the second and third floor, and no other use on the same- floor as apartments or on any floor above such apart- ments; (2-) There shall be provided on the same lot as the apartments and reserved for use by the tenants of such apartments ,parking facilities- equivalent to at least one parking space for each room designed for or used as a bedroom; (3) ,There shall be_ provided ,.and maintained on the same lot as the apartments an open, landscaped area, available and accessible ,to the apartment tenants, containing an aggregate area not less than the gross floor area allocated to. apartments, -or one--fourth acre per apartment structure, whichever is greater, provided, however,_ that thia condition shall be deemed to be ;satisfied by the eistenoe of public park, recreation or open space land- located -contiguous to such lot or separated therefrom only by a street designed for not more than two traffic .lanes. 9:55 P. - Mr. Lund presents the Report of the Planning Board and states that the- Board is- unanimously in favor. 9:58 P. M. After general discussion, Frank T. Samuel, Jr. moves the previous.- question which was declared carried by voice vote. 10:12 P. M. Voice vote on main motion was not unanimous, so standing vote taken as follows:. In Favor_ -Tellers A Opposed 53 - Richard H. Soule 1 33Raymond J. Culler 4 Robert G. Hargrove 3 32 Frank'H. Totmap., Jr. 8 •-' 162 _ 16 Motion adopted. -10:13 P. M. Martin I. Small moves for reconsideration of Article 24. 10:13 P. Me After general discussion, Edwin A. Bennett moves the previous question which was declared carried by voice vote. 10:40 P. M. Reconsideration of Article 24 carried by voice vote. l0:L0 P. M. The Moderator declares the meeting is now open on Article 21j. and reads the motion as presented by Lincoln P. Cole, Jr. at the March 20, 1968 Adjourned Town Meeting. Article 2L . MOTION: That the sumo£ $60,000.00 be raised and appropriated for reconstruction of Adams Street from East Street to the Burlington line under Chapter 90 highway construction, (See page 10: 40 P. M. -- - 14) After general discussion, Paul G. Yewell moves the previous question which was declared carried by voice vote. 10:55 P. M. Motion, as offered by Mr, Cole under Article 24, declared lost by voice vote. 10:58 P. M. Raymond J, Culler moves that the meeting be adjourned to Wednesday, March 27, 1968 at 8 P. M. Carried by voice vote, 10:58 P. M. / J d Town Clerk 26 L 7 ADJOURNED TOWN MEETING HELD MARCH 27, 1968 Meeting balled to order by the Moderator, Robert B. Kent at 8:06 P. M. ° There were 169 Town Meeting Members present. Invocation offered by Lincoln P. Cole, Jr., Chairman of the Board of Selectmen. 8:07 P.'M. Article 55. Presented by Erik'Lund, MOTION: That the action of the Board of Selectmen in FT accepting on behalf of the Town a deed from Ernest E. Outhet conveying to the Town a parcel of land containing 7.8 acres, more or less, and shown as Parcel "A" on plan entitled "Woodside Acres in Lexington, Mass.", dated April 15, 1967, Albert A. Miller & Wilbur C. Nylander, Civil Engineers and Surveyors, which parcel of land is subject-to^a transmission line easement established by a taking by Boston Edison Company dated March 16, 1948, recorded with"Middlesex South District Registry of Deeds, Book 7243, Page 390, be and hereby is ratified, confirmed and adopted. 8:10 P. M. After general discussion, Richard H. Soule moves the previous question which was declared carried by voice vote. 8:17 P. M. Main motion declared carried "by voice vote. 8:18 P. M. Article 56. Presented by Irving H. Mabee. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or other- wise acquire for playground and recreational purposes all or any part of the land consisting of a parcel of land r7 off Freemont Street, containing 9.6 acres, more or less, described in a deed recorded in Middlesex South District Registry of Deeds, Bodk 101119, Page 185, and lots 222 and 223 as shown on the plane Lexington Farms recorded in said Deeds as Plan number 11 in Plan Book 202, and a parcel of land containing 8.9 acres,more or less, shown as lot A on plan recorded in said Deeds at the end of Book 7)126, all believed to be now or formerly of Paul B. Lloyd and Olive E. Lloyd; and to raise and appropriate for the acquisition of said land the sum of $57, 500.00. 8:19 P. M. Mr. Mabee states that the Board of Selectmen have not been able to reach an agreement with the Lloyd's as to the value of the land. 8:22 P. M. The Selectmen are unanimously in favor of the acquisition of the land. Richard A. Michelson presents two motions: #1. Moves to strike out the words "take by eminent domain or otherwise acquire". #2. Moves to strike out the figure "$57,500.00" and substitute therefor the figure "$84,000.00". 8:28 P. M. Natalie H. Riffin states that the Planning Board is unanimously in favor of the acquisition of the land. 8:32 P. M. Robert E. Bond states that the Recreation Committee is in favor of the acquisition of the land. 8:35 p. M. Hugh M. Chapin states that the Capital Expenditures Committee is in favor of the acquisition of the land, 8:35 P. M. 2 Article 56. Donald R. Grant states that the Appropriation Gommittee (Cont,) is in favor of the motion as presented by Mr. Mabee. 8:14.2 P. M. Kingston, Robert H., moves the previous question which was declared lost by voice vote. 8:45 P. M. Various speakers. ThOmas G. Taylor moves the previous question which was declared carried by voice vote. 8:50 P. M. Amendment #1, as presented by Mr. Michelson, declared lost by voice vote. 8:50 P. M. Amendment #2, as presented by Mr. Michelson, declared L] lost by voice vote. 8:50 P. M. Main motion, as presented by Mr. Mabee, declared carried by voice vote. 8:50 P. M. Article 57.. Presented by Natalie H. Riffin. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for-playground and recreation purposes all or any part of a parcel of land situated to the south of the property at the southerly corner of Woburn and Lowell Streets and shown as Parcel A on "plan of Land in Lexington, Mass.", dated September 2, 1958, by Fred A. Joyce, recorded in Middlesex South District Registry of Deeds, Book 9264, Page 429; and to raise and appropriate for the acquisition of said land the sum of $7,000.00. " Mrs* Riffin states that the Planning Board recommends acquisition of this land. 8:53 P. M. Main motion declared carried by voice vote. 8:58 P.M. I] Article 58. Presented by Natalie H. Riffin. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for playground and recreation purposes all or any part of a parcel of land situated between Harrington School Playground and Woburn Street and shown as Parcel B on "Compiled Plan of Land To Be Acquired By The Town of Lexington, Mass.", dated November 30, 1967, by -A. -V. Zaleski; being a portion of land shown on "Compiled Plan of Land in Lexington, Mass.", dated March 5, 1966, by J. W;T, Moo/4e, recorded in Middlesex South District Registry of Deeds, Book 11079, Page 82; and to `raise and appropriate for the acquisition of said land the sum of $16,600.00. 8:59 P. M. Mrs. Riffin states that the Planning Board is unan. imously in favor of acquisition ofthis land. 9:01 P. M. Motion declared °carried by voice vote. 9:02 P. M. Article 59. Natalie H. Riffin moves that this article 'be indefinitely postponed. Carried Ijnanimously 9:03 P. M. Article 60. Natalie H. Riffin moves that this artide• be indefinitely postponed. Carried °[Tnanimously 9:0L P. M. 29 Article 61. Natalie H. Riffin moves that this; article be indefinitely postponed. 9:04 P. M. Richard A. Michelson serves notice of reconsideration of Article 56. 9:05 P. M. Article 61. Indefinite postponement, of Article 61 declared (Cont.) carried unanimously. 9:07 P. M. Article. 62. Presented by Natalie H. Riffin. -MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for street and recreation purposes a parcel of land between Westview Street and Hartwell Avenue containing 1.61 acres and being shown as Lot 5 on ,"Plan of Land in Lexington, Mass.", dated Dec. 16, 1960, by A. A. Miler and W. C. Nylander, recorded in - Middlesex South District Registry of Deeds in Book 9757- nd as Plan 157 of 1961; and to raise and appropriate for the acquisition of said land the sum of $5,000.00. 9:08 P. M. - Mrs. Riffinstatesthat the Planning Board is unanimously in favor of this article. 9:10 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee is opposed to this article and moves for indefinite postponement. 9:10 P. M. Various speakers. 9:19 P. M. Frank T. Samuel-, Jr. moves the previous question which was declared carried unanimously. 9:20 P. M. Voice vote on the motion to indefinitely postpone this article was doubted, so standing vote taken as follows: In Favor Tellers Opposed 28 Paul B. West 7 10 Logan Clarke,-Jr. 25 28 Erik L. Mollo-Christensen 23 20 J. S. Nason Whitney 18 86 73 Motion to indefinitely postpone was declared carried. 9:22 P. M. r Margery M. Battin moves to take up Articles 63 and 64 together. Carried Unanimously 9:23 P. M. Articles 63 and 6L.. Presented by Margery M. Battin. Under Articles 63 and 6L 'I move to continue or to revive the Structure of Town Government Committee „established under Article 49 of the Warrant for the 1966 Annual Town Meeting, and to recommit to said Committee for further study the question of a Selectmen«mown Manager form of government, said Committee to report to a future Town Meeting, not later than the 1969 Annual-Town Meeting, its findings and recommendations thereon, in.- eluding any legislation it desires to recommend to be filed or approved by the Town Meeting in relation thereto, 9:23 P. M. Natalie H. Riffin makes the following motion: I move to amend the motion: to refer to committee by adding the following: "And that, in so acting, the meeting adopts the following resolution: "Resolved: that it is the sense of this meeting that the Plannng Board should continue to be an elected town board." 9:25 P. M. Articles 63 and 6L (Cont.) Mrs. Riffin states the reasoning behind her motion to amend, 9:30 P. M. Carl Blake moves the previous question which was declared carried by voice vote. 9:33 P. M. Amendment, as offered by Mrs. Riffin, declared lost by voice vote, 9:36 P. M. - George P. Morey speaks against the Selectmen-Town Manager form of government and in favor of an Executive Secretary. 9:39 P. M. 1 Main motion, as presented... by Mrs. Battin under Articles 63 and .611.,, declared carried by voice vote. rt 9:40 P. M. Article 65. Presented by Lincoln P. Cole, Jr. MOTION: That the Seleotmren be and they hereby are authorized to-retain engineering services and prepare plans for off-street parking on all or any part of the land situated on Meriam Street and abutting the Boston and Maine Railroad that was acquired for an off street parking area in 1960, and on land adjacent thereto extending easterly and southeasterly to Grant Street, and to construct an off-street parking area on all or any part of said land that was acquired for such purposes in 19604 and to raise and appropriate therefor the sum of $27,000.00. 9:42 2. M. Francis T. Worrell states that the Planning Board is unanimously in favor of passage of this article. 9:1 .3 P. M. Hugh M. Chapin moves that this article be indefinitely postponed. 9:1111 P. M. After general, discussion, Paul G. -Yewell moves the previous question which, was declared carried unanimously. 9:57 2. M. Motion to indefinitely postpone Article 65 was declared lost by voice vote. 9:57 P. M. Voice vote doubted, sostanding vote taken as follows: In Favor Tellers Opposed 2L 4 r Paul B. West 12 10 Logan Clarke,-Jr. 2li 2l4 Erik L. Mollo-Christensen 27 ih J. S. Nason Whitney 23 72 86 Indefinite postponement lost. 9:58 P. M. - Main motion declared carried by voice vote which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 11 Paul B. West 2L 22 Logan Clarke; Jr. 10 L... 27 Erik L. Mollo-Christensen 25 23 J. S. Nason Whitney - 17 83 76 Main motion declared carried. 10:01 P. M. rt 31 Hugh M. Chapin moves reconsideration_of Article 65. 10:01 P. M. Mr. Chapin states that if reconsideration of Article 65 is passed, he will present the following motion: I move to amend Article 65 by strikingout the figure $27,000.00 and substituting therefor the figure 15, 000.00., 1002P. N. - Standing vote taken on the motion of Mr. Chapin for reconsideration of Article 65: a n In Favor Tellers Opposed I 21 Paul B. West 12 12 Logan,Clarke;Jr. 22 19 Erik L. Mollo--Christensen 31 12 J. S. Nason Whitney 22 6L 87 Reconsideration of Article 65 lost. 10:07 P. M. Article 67. Presented by Robert E. Bond. MOTION: That the Selectmen be and they hereby are authorized to retain professional services for the preparation of-plans and specifications for the develop- ment of the so-called dump area on Lincoln Street and to develop all or a portion of said area; and to raise and appropriate therefor the sum of $150,000.00, 10:08 P. M. The Board of Selectmen, Planning Board and Recreation Committee are in favor of this article. 10:13 P. M. Frank T. Parrish, Jr. makes the following motion: I move to amend the motion offered under Article 67 to i read as follows: That the Selectmen be and they hereby are- authorized to make preliminary improvements to the so-called dump area on Lincoln Street and to develop all or a portion of said area; and to raise and appropriate therefor the sum of $25,000,00. 10:25 P. M. Logan Clarke, Jr. states that the School Committee is in favor of the main motion, 10:32 P. M. Hugh M. Chapin states that the Capital Expenditures Committee would like this article to be deferred to another year and therefor urge support of the amendment. 10:33 P. M. Erik Lund states that the Planning Board is in favor of the main motion. 10:35 P. M. After general discussion, Edwin A. 'Bennett moves the previous question which was declaredccarried by voice vote. 10:4_7 P. M. Standing vote taken on the motion offered by Mr. Parrish: In Favor ^ - Tellers Opposed 26 Paul B., West 10 l 14: g 38 Clarke,Jr. 23 3 Erik L. Moo-Christensen lt . 12 J. S. Nason Whitney z 22 . . 90 69 Amendment adopted. 10:50 P.. M. 32 Article 67, Main motion as amended: (Cont. ) } MOTION: That the Selectmen be and they hereby are - authorized to make preliminary improvements to the so- called dump area on Lincoln Street and to develop all or a portion of said area; and to raise and appropriate therefor the sum of $25,000.00. Carried by voice-vote. 10:50 P. M. Lincoln P. Cole, Jr. moves that the meeting be adjourned to Monday, April 1, 1968 at 8 P. M. Carried Unanimously 10:50 P. M. /i 0 Town Clerk ADJOURNED TOWN MEETING HELD_ APRIL 1, 1968 Meeting cal.,led to order by the Moderator, Robert B. Kent, at 8:03 P. M. There were 180 Town Meeting Members present. Invocation offered by Rabbi Herbert Rosenblum of the Temple Emunah. 8:05 P. M. Article 2, Lincoln P. Cole, Jr. states that at a meeting of Board of Selectmen held this evening it was voted to hold a Special Town Meeting on June 3, 1968 and on each successive night in that week until all articles in the warrant are completed, The closing date for articles to be inserted in the warrant will be April 22, 1968. E5:06 P. M. Article 68, Presented bby Jules P. Sussman. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, all or any part of a parcel of land containing 7,97 acres as shown on a plan entitled "Plan of Land in Lexington, Mass.", dated November 24, 1943, by Fred A. Joyce, Surveyor, all as described in a deed from Edwin B. Worthen et al, dated May 26, 1944, recorded in Middlesex South District Deeds, Book 6944, Page 539; and to raise and appropriate for said land acquisition the sum of $14,000.00. 8:07 P. M. Frank T. Parrish, Jr., moves for indefinite postponement. '-- R 8:13 P. M. Hugh M. Chapin states Vaat the Capital Expenditures Committee is in favor of the main motion. 8:17 P. M. Natalie H. Riff in states that the Planning Board is unanimously in favor of the acquisition of this property. 8:20 P. M. Motion to indefinitely postpone declared lost by voice vote. 8:20 P. M. 3.3 Article 68. Voice vote on main motion was not unanimous, so standing (Cont.) vote taken as follows: In Favor Teller Opposed 39 Frederick E. Tucker 1 22 Joseph A. Campbell 15 34 Melvin G. Holland 1 _41 ° Richard H. Battin 144 21 More than the required two--thirds having voted in favor, the motion is adopted. 8:25 P. M. Article 69. Presented by Jules P. Sussman. MOTION: To authorize the Conservation Commission to (See purchase or otherwise acquire in the name of the Town, Pages and to authorize the Selectmen to take by eminent domain, 38 & upon`the written request of the Conservation Commission, 39. ) for conservation purposes as provided by Section 8c of Chapter 40 of the "General Laws, all or part of land described as follows: Lot 61 of Map 47 consisting of 20.9 acres, more or less, and Lot 50 of Map 55, consisting of 6.7 acres, more or less, said maps being Property Maps of the Town of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of 5114,000.00. 8:27 P. M. Erik Lund moves to strike out the entire motion and substitute therefor the following: MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain, upon the. written request of the Conservation Commission, for conservation purposes as provided by L Section 8c of Chapter 40 of the General Laws, all or any part of Lot 50' of Map 55, consisting of 6.7 acres, more or less, said map being a Property Map of the Town of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $15,500.00. 8:30 P. M. Mr. Lund states that a majority of the Planning Board is in favor of the amendment. 8:34 P. M. Eric T. Clarke, a member of the Planning Board, speaks against the amendment. 8:38 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee is in favor of the main motion. 9:03 P. M. Amendment, as offered by Mr. Lund, declared lost by voice vote. 9:06 P. M. Paul J. MacKenzie moves for indefinite postponement. 9:08 P. M. r- Motion for indefinite postponement declared lost by voice vote. 9:13 P. M. _ After general discussion, Herbert W. Eisenberg moves the previous question which was carried unanimously. 9:21 P. M. 34 Article 69. Standing vote on main motion taken as follows:' (Cont. ) In Favor Tellers Opposed 22 Frederick E. Tucker 20 lid. - 'Joseph A. Campbell 22 25 Melvin G. Holland 10 32 - Richard H. Battin 2L1. 93 76 Less than the required two-thirds having voted in favor, the main motion is not adopted. 9:25 P. M. Article 71. Presented by Robert E. Bond. MOTION: To raise and appropriate the sum of $10,000.00 for the further development of the Harrington School playground. Carried Unanimously 9:25 P. M. Article 72. Presented by Robert E. Bond. MOTION: To raise and appropriate the sum of $10,000.00 for the further development of the W. John-Baskin Playground. Carried Unanimously 9:27 P. M. Article 73. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court, separately or jointly with the Town of Bedford, for the enactment of a law authorizing the Town of Bedford to construct a sewer in the Town of Lexington and also authorizing the construction and financing of sewers in the Town of Lexington to be used jointly by the Towns of Lexington and Bedford. - Carried Unanimously 9:27 P. M. Article 74, Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to- install a sewer main or mains in such locations as the Selectmen may determine from the vicinity of Hamilton Road to the Metropolitan District Commission sewer line in Lexington, and to enlarge, alter, replace or reconstruct the North Lexington Pumping Station and the equipment therein, subject to-- the assessment of betterments or otherwise," in accord- ance with Chapter 504 of the Acts of 1897 and all acts- in amendment thereof and in addition thereto, or other- wise, and to take by eminent domain, putchase or other- wise acquire- any fee, easement or other interest in land necessary therefor; that the Selectmen may contract for Federal and State aid°and for payments from the Town of Bedford and the United States Air Force with respect to the foregoing projects; that to finance the foregoing projects °the sum of $575,000.00 is hereby appropriated; that to meet said appropriation the sum of $25,000.00 shall beincluded in the current tax levy and the Treasurer with the approval of the Selectmen is authorized to borrow 4'550,000.00 under General Laws, Chapter {, Section 7, Clause (1), and to issue bonds or notes of the Town payable within three years from - their dates, provided that 'the total borrowing author- ized hereby shall be reduced by, the amount of any Federal and State construction grants obtained for the purpose of carrying out the projects and by the amount of payments to the Town -by-the Town of Bedford and the United States Air Force, if any, representing their shares- 35 Article 7 ... of the costs of said projects, all of which grants and (Cont.) payments shall be applied to the projects; and*that the Selectmen are authorized to petition the General Court for the enactment of a law confirming this vote of the Town and conferring any powers necessary to carry out this vote. 9:30 P. M. Hugh M. Chapin states that the Capital Expenditures Committee is unanimously in favor of passage of this article. 9.35 PQ M. ®t Main motion carried unanimously. 9:35 P. M. Jules P. Sussman gives notice of reconsideration of Article 69. 9.35 P. M. Article 75. Presented by Allan F. Kenney. MOTION: That Articles 75 to 78, inclusive, be taken up together. Carried Unanimously 9:35 P. M. Article 75. MOTION: To establish as a town way and accept the lay- out of as a town way Carriage Drive from Grove Street a distance of 1500 feet, more or less, westerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 18, 1968, and to authorize the Selectmen to take byneminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:35 P. N. Natalie H. Riffin submits the Report of the Planning Board recommending approval of the Articles 75pthrough 78. 9:35 P. M. Iain motion carried unanimously 9:37 P. M. Article 76. MOTION: To establish as a town way and accept the lay- out of as a town way Coach Road from Carriage Drive to Volunteer Way a distance of 850 feet, more or less, southerly, as laid out by the `Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:37 `P. M. Article 77. MOTION: To establish as a town way and accept the lay- out of as a town way Circle Road from Sheila Road a distance of 474 feet, more or less, southwesterly and southerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:38 P. M. Article 78. MOTION: To establish as a town way and accept the lay- out of as a town way Sheila Road from Lillian Road a I distance of 386 feet, more or less, northerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, Carried Unanimously 9:38 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 75 to 78, inclusive, the sum of $500.00. Carried Unanimously 9:39 P. M. 36 Article 79. Allan F. Kenney moves that this article be indefinitely postponed. Carried Unanimously 9:L4.0 P. M. Article 80. Allan F. Kenney moves that this article be indefinitely postponed. Carried Unanimously 9:40 P. M. Article 81. Allan F. Kenney moves that this article be indefinitely postponed. Carried Unanimously 9:40 P. M. Article 82. Presented by Allan F. Kenney. MOTION: That Articles 82 to 85, inclusive, be taken up together. Carried Unanimously 9:L4.2 P. M. Article 82. MOTION: To establish as -a town way, and accept the lay- out of as a town way, Ewell Avenue from Eastern Avenue southerly, a distance of 950 feet, more or less, to Deering Avenue, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:112 P. M. Mrs. Riffin submits the Report of the Planning Board recommending approval of the Articles 82 to 85 inc. 9:43 P. M. Main motion carried unanimously. 9:I.3 P. M. Article 83. MOTION: To establish as a town way, and accept the lay- out of as a town way, Hillcrest Avenue from Fottler Avenue northeasterly, a distance of 750 feet, more or less, to Circle Road, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January-19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:14.5 P. M. Article 84, MOTION: To 'establish as a town way, -and ace-ept the lay. out of as a town way, Grassland Street from Spring Street southeasterly, a distance of 700 feet, more or less, to Payson Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and 'to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:'Le 5 P. M. Article 85. MOTION: To establish as a town way, and accept the lay-» out of as a town way, Vaille Avenue from Reed Street westerly, a distance of 880 feet, more or- less, as laid out by the Selectmen under the Betterment Act and shown upon a plan non file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:47 P. M. MOTION: To raise= and appropriate for land acquisition and for construction of the ways enumerated in Articles 82 to 85, inclusive, the sum of $98,000.00. Carried Unanimously 9:L4.8 P. M. 37 Article 86. Shirley D, Bayle moves that the Town Meeting take no action on this article. Carried Unanimously 9:50 P. M. Article 87. Presented by Shirley D. Bayle. MOTION: To amend the zoning by-law of the Town of Lex- ington, Section 4(^g) A 1 Garden apartment districts by adding at the end thereof the following: A certain parcel of land situated on the Easterly side of Blossom Street, in Lexington, more fully bounded and described as follows: Beginning at land now or formerly of John R. Beaver and of Corazzini and thence running Easterly by said land of Beaver and land now or formerly of Bowman, 495 feet to land now or formerly of Foran; thence turning and running Southeasterly by said Foran land and Lawn Avenue by two lines, 119.7 feet and 190.39 feet; thence turning and running Southerly by Lawn Avenue and land now or formerly of Culkeen by two lines 86.88 feet and 124.39 feet; thence turning and running Southwesterly by land now or formerly of Marlowe and of Tocci and of Prendergast, 456,05 feet; thence turning and running Southerly 'again by land af said Prendergast and land now or formerly of Peters, 165,69 feet; thence turning and running Southwesterly again by land of said Peters, 52.20 feet; thence turning and running Westerly to a point 200 feet distant from Blossom Street, 97 feet more or less; thence turning and running Northerly by a line 200 feet distant and parallel with Blossom Street, 450 feet to a point; thence turning and running Westerly again 200 feet to Blossom. Street; thence turning and running Northerly along the Easterly line of Blossom Street to the point of beginning by four lines, 62.72 feet, 192.85, 50 feet and 206.39 feet, totalling 511,96 --i feet. Containing 9.6 acres more or less. 9:50 P. Francis T. Worrell presents the majority report of the Planning Board opposing the article, 10:15 P. M. Melvin G. Holland, 1'Iilton L. Gould speak in opposition. 16:38' P. M. Eric T. Clarke of the Planning Board speaks in favor of the article.' 10:38 P. M. After general discussion, Alfred S. Busa moves the previous question which was declared carried by voice vote. 10:55 P. M. Standing vote on main motion as follows: In Favor Tellers r Opposed 16 R Frederick E. Tucker ' 22 18 Joseph A. Campbell 18 17 Robert A. Bittenbender 17 32 20 -- 83 R rt 77 Less than the required two-thirds having voted in favor, the motion was not adopted. 10:58 P. M. Lotte E. Scharfman moves that the meeting be adjourned to Wednesday, April 3, 1968 at 8 P. M. Carried Unanimously 11 P. M. We, t,(L.644,eji Town Clerk 38 ADJOURNED TOWN MEETING HELD APRIL 3, 1968 , Meeting called to order by the Moderator, Robert B. Kent, at 8:05 P.M. There were 164 Town Meeting Members present. _ Invocation offered by Rev. Stanley S. Harakas of the St. Nicholas Greek Orthodox Church. 8:07 P. M. Article 2. Leslie H. York presents a report of the Conservation Commission as follows: The Lexington Conservation Commission is happy to report the receipt of the following telegram received April 2: I] t'" Was pleased to learn the Department of Housing and Urban Development today awarded a $25,960.00 contract to Lexington, Mass. to assist in purchasing 24c acres of undeveloped land that harbors considerable wildlife. With best wishes EdwardM. Kennedy United States Senate" 8:08 P. M. Jules P. Sussman moves for reconsideration of Article 69, which was declared carried by voice vote. 8:10 P. M. The Moderator reads Article 69 as presented by Mr. Sussman at the Adjourned Town Meeting held April 1, 1968: Article 69. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, all or part of land described as follows: Lot 61 of Map 47 consisting of 20,9 acres, more or less, and Lot 50 of Map '55, consisting of 6.7"' acres, more or' less, said maps being Property Maps of the Town of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated' by the Town from n year to year; and to raise and appropriate for said land acquisition the sum of $114,000.00. 8:10 P. M. Mr. Sussman moves to amend the original motion by striking out the figure $114,000.00 and substituting therefor the figure $70,000.00. $:13 P. M. Natalie H. Riffin states that the Planning Board is unanimously in favor of the purchase of 'this land. 8:13 P. M. Hugh M. Chapin states that the Capital Expenditures Committee is unanimously in favor of the motion as amended. 8:13 P. M. Frank T. Parrish, jr. states that the Appropriation Committee is in favor of the motion as amended 8:23 P. M. Amendment as offered by Mr. Sussman declared carried by voice vote. - 8:25 P. M. Lincoln P. Cole, Jr. states that the Board of Selectmen is unanimously in favor of the amended motion. - 8:25 P. M. Herbert W. Eisenberg moves the previous question which was declared carried by voice vote. 8:28 P. M. Article 69, Main motion, as amended: (Cont. ) MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, all or part of land described as follows: Lot 61 of Map L.7 consisting of 20.9 acres, more or less, and Lot 50 of Map 55, consisting of 6.7 acres, more or less, said maps being Property Maps of the Town of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $70,000.00. Standing vote taken on main motion, as amended: In Favor Tellers Opposed 14 Van T. Boughton, Jr, 20 27 Kingston L. Howard, 7 C 25 Frederick C. Frick 6 11.2 William R. Whalon 8 108 r 41 More than the required two-»thirds having yoted in favor, the main motion, as amended, is adopted. 8:30 P. M. Article 88. Presented by Ephraim Weiss, I move to commit to the Planning Board for further study the question of the use of residential zones for hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged, as stated in subparagraph c. of paragraph 7, of subsection (a) of section 5 of the Zoning By-Laws; , That the Planning Board be requested to submit no later than the next Annual Torn. Meeting the results of -- its findings and recommendations, together with alterna. tive zoning articles for modification of the Zoning By-Laws in relation to the aforementioned permitted uses; And that the Planning Board be requested to include at least one article which provides the town meeting with an alternative to the Zoning By-Laws whereby the afore- - mentioned uses are no longer permitted in the R1 Zone. 8:32 P. M. Natalie H. Riffin presents Report of the Planning Board. 8:40 P. M. Main motion declared carried by voice vote. 8:40 P. M. Article 89. Ephraim Weiss moves that this article be indefinitely postponed. Carried Unanimously 8:40 P. M. Article 90. Presented by James E. Storer, I move that 'the Town vote that the Selectmen be and are -- hereby authorized, on behalf of the Town, to purchase, to take by eminent domain, or otherwise acquire, for recreation purposes, street purposes, and other public purposes, certain portions of the land described in Article 90 of the warrant for the 3,968 Lexington town meeting, as follows: (A) All of parcel 2 as described in ,Article 90 of the warrant for the 1968 Lexington Town Meeting; and Article 90. (B ) Only that part of parcel 1 as described in Article (Cont. ) 90 of the warrant for the 1968 Lexington Town Meeting, which lies north of a line which begins at the point of intersection between the westerly border of the said parcel 1 and the aforesaid parcel 2 on its south.- easterly outh"easterly border and said line continues across the said parcel 1 in an easterly direction being at all points parallel to northerly border of the said parcel 1, and said line terminates at the easterly border of the said parcel 1; and to appropriate for the foregoing thirty-three hundred dollars ( 3,300.00) to be provided by current tax levy. 8:43 P. M. Mr. Storer submitted an appraisal of the land which was accepted and placed on file. 8:47 P. M. Eric T. Clarke states that the Planning Board opposes this article in its present form. 8:52 P. M. Frank T. Samuel, Jr. moves the previous question which was declared lost by voice vote. 8:53 P. M. Charles A. Winchester moves that this article be referred to the Planning Board for further study. 9 P. M. Mrs. Riffin speaks- in opposition to Mr. Winchester's amendment. 9 P. M. Joseph P. Marshall- moves the previous question- which was declared carried by voice vote. 9:04 P. M. Amendment, as offered by Mr. Winchester, declared lost by voice vote. 9:05 P. M. Main motion, as offered by Mr. Storer, declared lost by voice vote. 9:05 P. M. Article 91. Presented by Mr. Lincoln P. Cole, Jr. ._.. MOTION: To amend the General By»Laws by striking out Section 2 of-ARTICT,F XXVII in its entirety and inserting in place thereof a new Section 2 to read as follows: Section 2. No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate restraint and control of some person by means of a leash. The owner or keeper of any such dog that is not se restrained or controlled off the premises of its owner or keeper shall be punishable rt by-a fine of ten dollars for each offense. 9:05 P. M. Vernon C. Page speaks in favor. 9:10 P. M. Mr. Cole states that the Board of Selectmen recommend that the town go along with the dog control law until it proves inadequate. 9:12 P. M. J. S. Nason Whitney moves the previous question which was declared carried by voice vote. 9:13 P. M. Main motion, as offered by Mr. Cole, declared lost by voice vote. 9:20 P. M. Article 92. Ephraim Weiss moves that this article be indefinitely postponed. Carried Unanimously 9 :21 P. M. 41 Article 93. Joseph 0. Rooney moves that this article be indefinitely postponed. Carried Unanimously 9:22 P. M. Article 95. Presented by Lincoln P. Cole, Jr. MOTION: That the sum of $2,500.00 be raised and appropriated for Christmas lighting in Lexington Center. 9:22 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee opposes this article. 9:23 P. M. Joseph 0. Rooney and Frederick E. Tucker speak in favor of the article. Edwin A. Bennett, Douglas T. Ross and Lois W. Brown speak in opposition. Main motion, as offered by Mr. Cole, declared lost by voice vote. 9:30 P. M. Article 96, Lincoln P. Cole, Jr. mOves that this article be indefinitely postponed. Carried Unanimously 9:30 P. M. Article 97. Presented by Robert Cataldo, MOTION: That the Selectmen be and they hereby are authorized to beautify and improve Massachusetts Avenue between Wallis Court and Bedford Street in the manner provided under Article 52 of the Warrant for the 1966 Annual Town Meeting; and to raise and appropriate therefor the sum of $28,000.00 as a supplementary appropriation to be used in conjunction with and in - addition to money appropriated under said Article 52. 9:32 P. M. Frank T, Parrish, Jr. states that the Appropriation Committee opposes this article. 9:31i. P. M. Hugh M. Chapin states, that the Capital Expenditures Committee opposes this article. 9:37 P. M. Natalie H. Riffin states that the Planning Board is in favor of the article. 9:40 P. M. J. S. Nason Whitney moves the previous question which was declared carried by voice vote. . 9:42 P. M. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 9:L4 P. M. Article 98. Lincoln P. Cole, Jr. moves that this article be indefinitely postponed. 9:45 P. M. Lincoln P. Cole, Jr. moves that this meeting be dissolved. 9:45 P. M. Robert B. Kent, Moderator, thanks the Boy Scouts for their assistance in manning the microphones during the six sessions of this town meeting. The motion to dissolve the meeting, as offered by Mr. Cole, declared carried unanimously. 9:45 P. M. 7)144,1/ /11 4 + /,0/ U f Town Clerk d — > r a 1968 DEMOCRATIC TOWN COMMITTEE In accordance with Section 70K of Chapter 53 of the General Laws - at the expiration of the time for filing nomination papers for town committee with the office of the state secretary, no more names of candidates for town committee were placed on file than there were persons to be elected to such committee, therefore, there shall be no election.of.a town committee but the persons whose names were so filed shall be members of such committee. On April 17, 1968 I received asphotostat copy of the nomination -- papers for such office which were filed with the Office of the Secretary on or before March,5, 1968. The following names were on said nomination paper and are, therefore, members of the Lexington Democratic Town Committee: John F. Cogan, Jr. Daniel E. Power Joseph M. Cronin a - -- Arthur J. Brock Shirley D. Bayle Norman J. Richards Eileen S. Carpenter Mary Louise Touart Marion T. Coletta William Marcuse Richard I. Miller William Spencer Sullivan Enid M. Starr Frank M. Polestra Mary T. Cogan Catherine B. Walters - Martin I. Small John L. Davies Mary Louise Burri John R. Howe Julian Soshnick Edith S. Myerson . Carl R. Queander Leo S. Poplawski Nathan T. Sidley a rt Miriam J. Donovan Rita E. Casey Lois W. Brown William T. Spencer Patricia A. Goler . Otto Eckstein . „Jean E. Rubenstein Mary M. Purdy Erie T. Clarke Francis B. McNamara, Jr. n 4 --4444.4„ )2e(44. Town Clerk 4 3 (WARRANT FOR PRESIDENTIAL PRIMARY - See Warrant Book) PRESIDENTIAL PRIMARY April 30, 1968 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, April 30, 1968 at 7:30 in the fore- noon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct LT Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School Building; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Henry P. Meade Margaret S. Magner Inspector Mary C. Casey Edna F. Marshall Inspector Ann M. Baum Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary G. Oliver Dolores M. Swan Inspector Mary G. McCauley Marjorie Modoono Inspector Anna N. Bushard Mary A. Spellman Inspector Ida B. Fisk Winifred E. Ivester Inspector Catheryne M. Ferry [7 Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry • Helen L. Perry Clerk Elizabeth F. Downey Alice Lillian Osgood Inspector Sally S. Hooper Helene L. Ignico Inspector Irene V. Fenerty Mary F. Irwin Inspector Florence M. Boone Theresa G. McNamara Inspector Maude A. O'Neill The polls were declared open in each precinct at seven-thirty o'clock A. M. and remain open until eight o'clock P. M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,874 Twenty-eight hundred seventy-four Precinct Two 2,393 Twenty-three hundred ninety-three Precinct Three 2,284. Twenty-two hundred eighty-four Precinct Four 2,258 Twenty-two hundred fifty-eight 7- Precinct Five 2,661 Twenty-six hundred sixty-one Precinct Six 2,416 Twenty-four hundred forty-six Total 14,916 Fourteen thousand nine hundred sixteen Reconciliation sheets were delivered to the Town Clerk at her office. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: 44 Precinct One Ballots Cast: Rep. 185 Dem. 544 Total 729 Precinct Two Ballots Cast: Rep. 183 Dem. 520 Total 703 Precinct Three Ballots Cast: Rep. 297 Dem. 437 Total 734 Precinct Four Ballots Cast: Rep. 282 Dem. 490 Total 772 Precinct Five Ballots Cast: Rep. 274 Dem. 571 Total 845 Precinct Six Ballots Cast: Rep. 254 Dem. 422 Total 676 Totals Ballots Cast: Rep.1,475 Dem.2,984 Total 14.,459 REPUBLICAN PARTY PR. 1 PR. 2 PR. 3 PR. 4 PR.5. ;PR.6 TOTAL - PRESIDENTIAL PREFERENCE John A. Volpe 49 54 86 61 81 55 386 Richard M. Nixon 36 33 14.6 45 52 46 258 Ronald Reagan 5 1 0 2 3 1 12 Nelson Rockefeller 49 55 96 90 81 99 470 Charles Percy 0 0 1 1 0 1 3 Eugene J. McCarthy 23 22 42 46 26 33 192 John Lindsay 0 1 0 2 2 4 9 Robert Kennedy 1 4 1 4 4 ' 2 16 Henry Cabot Lodge 0 0 0 0 - 1 0 1 Hubert Humphrey 1 3 1 3 2 6 16 Mark Hatfield 0 0 1 0 0 0 1 William Heard 0 0 1 0 0 0 1 Lyndon B. Johnson 0 1 0 0 0 1 2 George Wallace 0 0 2 0 0 0 2 Roosevelt 0 0 0 2 0 0 2 Thomas D. Adams 0 0 0 1 0 0 1 Blanks 21 9 20 25 22 6 103 Totals 185 183 297 282 274 254 1,475 DISTRICT DELEGATES TO NATIONAL CONVENTION - 5TH DISTRICT Paul W. Cronin 92 106 185 162 11. 4 123 812 Ronald C. MacKenzie 115 115 205 196 186 161 978 Joseph M. Cronin 5 7 0 2 0 0 1 Jeffrey R. Golin 3 6 0 2 0 0 11 Blanks 155 132 204 202 218 ' 1,135 Totals 370 366 594 564 548 508 2,950 ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION - 5TH DISTRICT Marianne W. Brenton 86 100 164 137 136 118 741 Patricia S. Qua 78 97 150 133 121 104 683 Blanks 206 169 280 294 291 286 1,526 Totals 370 366 594 564 548 508 2,950 STATE COMMITTEE (Seventh Middlesex District) Andrew T. Card 92 106 187 158 142 126 811 Blanks 93 77 110 124 132 128 664 Totals 185 183 297 282 274 254 1,475 STATE COMMITTEE (Seventh Middlesex District) Marion E. Hunt 111 120 203 185 177 148 944 Blanks 714- 94 97 97 106 S31 Totals 185 183 297 282 2711. 254 1,475 REPUBLICAN PARTY (CONT. ) 4 5 TOWN COMMITTEE GROUP 1 PR.1 PR.2 PR.3 PR.4 PR.5 PR.6 TOTAL Marion E. Hunt 55 102 169 135 142 124 727 *Lincoln P. Cole, Jr. 98 122 189 182 177 164 932 *Allan F. Kenney 104 102 160 165 145 138 814 *Robert Cataldo 91 104 160 137 134 126 752 *Donald B. White 92 101 159 142 130 122 746 *Ruth G. Bevan 84 92 151 137 127 127 718 *Helen J. Ekstrom 69 86 102 106 102 99 564 *Charles E. Parks 73 90 145 132 131116 687 *Howard L. Levingston 73 83 111 106 1 95 572 *Lorraine F. Converse 68 86 137 113 120 98 622 *Frederick A. Schioman 68 84 92 105 90 96 535 *Barbara E. Bauder 63 85 120 112 98 102 580 *Frank H. Totman, Jr. 65 105 120 126 102 107 625 *Eleanor Bradford Litchfield 82 96 149 142 136 125 730 *Frank T. Samuel, Jr. ?3 86 142 130 107 113 651 *Albert Clark 69 82 119 112 98 99 579 *Marjorie T. Balsor 72 85 116 127 96 95 591 *Miriam A. Drake 67 81 111 121 94 94 568 *Leslie H. York 73 89 157 126 114 108 667 *Ruth A. Stone 76 87 140 117 105 101 626 *Francis R. Heiligmann 64 77 113 105 96 102 *Arthur E. Burrell 76 93 144 135 123 110 681 *Temple E. Scanlon 79 81 132 123 121 109 645 *Alford S. Peckham 82 97 168 140 127 110 724 *Reed Kingston Taylor 76 83 136 118 95 101 609 *Dorothea S. Dodge 72 85 138 122 110 101 628 *Marilyn M. Dwight 69 82 115 104 91 88 549 *Warren Roberts 71 77 114 105 96 85 548 Arthur T. Bernier 71 84 114 136 102 95 602 *Kingston L. Howard 69 81 136 121 116 95 618 *Edward T. Martin 74 92 154 147 117 100 684 *Barbara Gilson 72 84 124 113 104 107 604 *J. S. Nason Whitney 66 83 147 119 106 102 623 -- *Camille B. Skov 62 ?5 108 104 100 85 534 *Levi G. Burnell 72 102 163 147 136 120 740 GROUP 2 Jules P. Sussman 26 44 79 76 39 50 314 Salvatore F. Stramondo 16 18 34 31 28 19 146 Harold M. Weissman 10 18 33 34 25 23 143 Edward E. Furash 17 18 50 54 26 23 188 Joan R. Jenkins 15 23 40 43 29 28 178 William B. Simmons 14 27 65 43- 30 26 205 Newton E. Bennett 14 29 62 47 48 34 234 Richard H. Soule 25 44 92 92 67 60 380 Blanks 3,748 3,060 5,185 5,038 5,306 4,868 27,205 Totals 6,475 6,405 10,395 9,870 9,590 8,890 51,625 *Elected to Republican Town Committee 46 DEMOCRATIC PARTY PRESIDENTIAL PREFERENCE PR. 1 PR. 2 PR. 3 PR. 4 PR. 5 PR.6 TOTAL Eugene J. McCarthy 361 346 329 343 425 295 2,099 Robert F. Kennedy 76 76 49 70 39 53 363 Hubert H. Humphrey 47 39 23 48 40 38 235 Lyndon B. Johnson 5 3 3 4 4 1 20 Nelson Rockefeller 3 3 3 4 4. 21 Richard M. Nixon 2 2 0 2 0 0 6 George Wallace 2 4. 0 0 0 0 6 John Lindsay 0 1 0 0 0 0 ' 1 Bob Hope 0 1 0 0 0 0 1 Robert McNamara 0 1 0 0 0 0 1 Blanks 47 44 30 20 59 31 231 Totals 544 520 437 490 571 422 2,984 DISTRICT DELEGATES TO NATIONAL CONVENTION - 5TH DISTRICT Daniel P. Kiley, Jr. 112 85 81 92 109 85 56/4- John E. Harrington, Jr.125 100 75 95 107 .93 595 Joseph M. Cronin 245 266 250 281 262 185 1,489 Jeffrey R. Golin 247 265 242 278 265 186 1,483 Robert G. Trudeau 0 0 0 0 1 0 , 1 Buckley 1 0 0 0 0 0 1 John Herzog 0 0 0 0 1 0 1 Ephraim Weiss 1 0 0 0 0 0 1 William Marcuse 1 0 0 0 0 0 1 Carol Murphy 0 0 0 1 0 0 1 Bob Lyons 0 0 0 0 0 1 1 Blanks 356 324. 226 233 397 294 1,830 Totals 1,088 1,040 874 980 1,142 844 5,968 ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION - 5TH DISTRICT I] Lawrence P. Smith 131 112111 111 128 108 701 Claire Buckley Dwyer 192 146 126 135 128 128 855 Blanks 765 782 637 734. 886 608 4,412 Totals 1,088 1,040 874 980 1,142 844 5,968 STATE COMMITTEE (Seventh Middlesex District) Edward P. Gilgun 32 21 26 25 32 32_ 168 John F. Cogan, Jr. 313 289 241 269 286 242 1,64.0 Leonard H. Harmon 11 15 9 8 11 6 60 Blanks 188 195 161 188 242 14.2 1,116 Totals 544 520 437 490 571 4.22 2,984. STATE COMMITTT (Seventh Middlesex District) Claire Buckley Dwyer 230 169 155 159 14.4 153 1,010 Anna M. Visconti 86 85 66 81 98 69 485 Blanks 228 266 216 250 329 200 1,489 Totals 544 520 437 490 571 422 2,984 /r'14d- A. > 4L. d ... l Town Clerk 47 (FOR WARRANT SEE WARRANT BOOK) ^ k SPECIAL TOWN MEETING HELD JUNE 3, 1968 The meeting called to order by the Moderator, Robert B. Kent, at 8:06 P. M. There were 191 Town Meeting Members present. Invocation offered by Rev. Floyd J. Taylor, First Parish Church. 8:07 P. M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting [7 until further reading was waived. 8:10 P. M. The Town Clerk read the Constable's Return of the Warrant. 8:10 P. M. Article 1. Donald R. Grant moves that the Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Jack L. Mitchell moves that the Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:11 P. M. Margery M. Battin moves that the Report of the Structure of Town Government Committee be accepted and placed on file* k a Carried Unanimously 8:11 P. M. Article 2. Presented by Robert Cataldo. MOTION: To raise and appropriate the additional sum of $17,000,00 for Engineering.-Personal Services for the year 1968. 8:12 P. M. Donald R. Grant moves to amend the pending motion by striking out the figure of $17,000 "and substituting in place thereof 'the figure of $11,000. 8:17 P. M. Amendment, as presented by Mr. Grant, declared carried by voice vote, 8:25 P. M. Main motion, as amended: MOTION: To raise and appropriate the additional sum of $11,000.00 for Engineering—Personal Services for the year 1968. Main motion, as amended, declared carried by voice vote. 8:25 P. M. Article 3. Presented by.Margery M. Battin. MOTION: To instruct the3electmen to-petition the General Court for the enactment of legislation authorizing the — establishment of a Selectmen. own Manager form of govern- ment in the Town of Lexington in accordance with the proposed legislation prepared and submitted by the - Structure of.Town Government Committee, a copy of such proposed legislation dated June 1968 being on file in the office of the Town Clerk, with the following changes: 1. Addition of the word "town" between the words "annual" and TTmeeting" in the third line of Section 19. 2. Substitution of the words "except as provided in (a), (6), (c) and (d) above" for the words "except as provided in (b) and (c ) above" in Section 2(e). 4S Article 3. 3. Addition of the sentence "The powers and responsibilities (Cont.) of the Trustees of Public Trusts as prescribed by Chapter 107 of the Acts of 1910 shall not be changed by acceptance of this act." at the endcf Section 2 (g) . Li.. The striking out of the word "may" before the words "establish" and "transfer" in Section 9 (b). 8:28 P. M. Stephen T. Russian of the Structure of Town Government Committee gives an eXpla'nation of this article. 8:55 P. M. Natalie H. Riffin makes the following motion: l To amend the list of elected officials in the first paragraph of SECTION "1 by adding a line reading "(f) planning board" to said list, and to amend SECTION 2 by striking out in subsection (d) thereof the line reading "2 a planning board" and by renumbering line 3 to become "line 2. 9:02 P. M. Arthur E. Bryson, Jr. reads a statement of former Planning Board members in favor of the main motion. 9:12 P. M. Lincoln P. Cole, Jr. states that the Board of Selectmen - are unanimously in favor of the Structure of Town Govern- ment proposal and against the amendment. 9:18 P. M. Irving H. Mabee states that he believes that Mr. "Cole meant to say "that the Board of Selectmen who are present". He read a letter from Selectman Roland B. Greeley who is- in Germany stating that he is in favor of the Selectmen-. Town Manager form of government in general but would prefer that the Planning Board be elected, but that if he were present he would vote for the Town Manager proposal nevertheless. 9:214. P. M. The amendment, as presented by Mrs. Riffin, declared lost by voice vote. 10:37 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 26 Gordon E. Steele 15 16 Joseph 0. Rooney 26 26 ionald J. Shaw " 18 28 Richard W. Souza ' 28 96 87 Amendment, as presented by Mrs. Riffin, declared carried. 10:39 P. M. Natalie H. Riffin presents a second motion: To amend SECTION 2-by adding in subsection (e) thereof following the words "a planning director" the words "with approval of the plAnning board." 10:39 P. N. The second amendment, as presented by Mrs. Riffin, declared carried by voice vote. 10:40 P. M. Allan F. Kenney speaks in favor of a Chief Administra- tive Officer as opposed to a Town Manager. 9:47 P. M. 49 Article 3. Allan Lee Whitman, Jr, makes the following motion: (Cont.) To amen. Article 3, section 9 b. by adding after the words General Laws: "and except as otherwise expressly prohibited by a vote of the town meeting". 9:56' P.' M. " Mr.' Whitman's motion declared lost by voice vote. 10:03 P. M. Robert Cataldo moves for indefinite postponement of the main motion. 10:03 P. M. Mr. Cataldo gives his reasons for wanting to postpone this article, He states that there is a need for a change but that this is not the answer,' 10:11 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote, 10:15 P. M. Mrs. Battin yields her ten minutes to Lincoln P. Cole, Jr. who then speaks in favor of the article. 10:17 P. M. Indefinite postponement declared lost by voice vote. " 10:17 P. M. ' Main motion, as amended, declared carried by voice vote. 10:18 P. M. Article 4. Presented by Mar fiery M. Battin. MOTION: To continue or to revive until the final dissolution of the 1969 Annual Town Meeting, unless sooner discharged by vote of a Town Meeting, the Structure of Town Government Committee, established under Article 49 of the Tjaxrant for the 1966 Annual Town Meeting, for the purpose of explaining to the voters of the Town the legislation—approved under Article 3 of this meeting for a Selectmen-Town Manager form of government in the Town. Carried Unanimously 10:19 P. M. Article 5. Presented by Robert Cataldo, MOTION:' That the sum of $60,000.00 be appropriated, In addition to the funds previously appropriated, for re- construction of Lowell Street from Woburn Street to Maple Street under Chapter 90 highway construction, that any portion of said sum not expended for said purpose be used for construction under Chapter 90 highway construction of the portion of Worthen Road in land owned by the Town of Lexington, and that Payment be provided by transfer from the Excess and Deficiency Account. 10:20 P. M. Milton L. Gould moves to add to the motion the following language: "Except that no part of these funds may be used "for the construction of Worthen Road without the express approval of the Town Meeting." 10:23 P. M. r-- Mr. Gould's amendment declared lost. 10:35 P. M. Douglas T. Ross moves to postpone this article until after Article 20 has been taken up. Mr. Ross revises his motion' to lay this article upon the table. 10:36 P. M. Standing vote taken on Mr. Ross 's motion: In Favor Tellers Opposed 9 Gordon E. Steele 27 5 Joseph 0. Rooney 29 17 a " Donald J. Shaw 25 16 Richard W. Souza 33 47 " 11 Motion to lay Article 5 on the table declared lost. 10:40 P. M. Article 5. Frederick E. Tucker moves the previous question which was (Cont.) declared carried by voice vote, 10:L12 P. M. Main motion, as presented by Mr. Cataldo, declared carried by voioe vote. 10:43 P. M. Ephraim Weiss moves for reconsideration of Article 5. 10:L111. P. M. After general discussion, Alfred S. Busa moves the previous question which was declared carried by voice vote, 10:55 P. M. Reconsideration of Article 5 declared lost by voice vote. 10:56 P.M. Richard H. Battin moves that this meeting be adjourned to Tuesday, I June L , 1968 at 8 P. M. 10:57 P. M. Lincoln P. Cole, Jr. moves tb amend the motion offered by Mr. Battin by changing the time of the meeting from 8 P. M. to 8:30 P.M. Mr. Cole explains that there is going to be a testimonial' for Augustus Young," Principal of' the Fiske School, on June L , 1968 from 7 to 10 P. M. and many of the parents would be attending. By delaying the meeting for a half hour, anyone could attend the testimonial and still be able to attend the town meeting. Amendment, as offered by Mr. Cole, declared carried by voice vote. a 10:58 P. M. The motion, as presented by Mr. Battin, as amended by Mr. Cole, that the town meeting be adjourned to Tuesday, June 1 , 1968 at 8:30 P. M. was declared carried bTvoice vote. 10:58 P. M. if .ht /1 1/1,` Lnn.6-t , l\ll l Town Clerk mmmIt ADJOURNED TOWN MEETING HELD JUNE 44 1968 Meeting called to order by the Moderator, Robert B. Kent, at 8:37 P. M. There were 173 Town Meeting Members present. Invocation offered by Rev. Henry H. Clark, Hancock Congregational Church. 8:38 P. M. Vernon C. Page moves that Article 20 be taken up at this time which was declared carried by voice vote, 8:40 P. M. Article 20. Presented by Vernon C. Page. MOTION: To amend the General ByMLaws by striking out Section 2 of Article XXVII 'in its entirety and inserting (See in place thereof a new Section 2 to read as follows: Page 52. ) Section 2. No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate restraint and control of some R person by means of a leash, The owner or keeper of any such dog that is not restrained or controlled off the premises of its owner4 or keeper shall be punishable by a fine of not more than ten dollars for each offense, 8:L.1P. M. Mr. Page and Rufus L. McQuillan give an explanation. 8:54 P. M. Robert H. Kingston makes the following motion: e 1 Article 20. MOVED: To amend Article 20 by adding after the (Cont. ) words "by means of a leash", the words "or by effective command". 8:55 P. M. Lincoln P. Cole, Jr. presents the following motion: To refer the matter of the restraint or control of dogs owned or kept in the town to a committee of five residents of the town to be appointed by the Moderator, one of whom shall be a licensed veterinarian and at least two others of whom shall. be Town Meeting Members, said committee to study the needs of the town for the restraint or control of dogs and the means to provide such restraint or control and the enforcement thereof, and to report to- the next annual town meeting its findings and recommenda. tions, including any proposed amendment to the General rt Bye-Laws and the estimateicosts to carry out its recommendations., 9:07 P. M. After general discussion, Homer J. Hagedorn moves the • previous question which was declared carried by voice vote. 9:22 P. M. Standing vote taken as follows on the amendment as offered by Mr. Cole: In Favor Tellers Apposed 24 John F. Downey, Jr. 13 12 Logan Clarke, Jr. 21 15 Robert A. Bittenbender 25 39 Wallace Cupp 20 90 79 Amendment, as ,ofrered by Mr. Cole, declared adopted. 9:28 P. M. 7 Article 6. Presented by Lincoln P. Cole, Jr. MOTION: To instruct the Selectmen to petition the General Court for the enactment of legislation to provide for placing on the official ballot used in the Town at each biennial state election a question whether licenses shall be granted in the Town for the sale therein of all alcoholic beverages by certain clubs and war veterans' organizations. 9:30 P. M. Ephraim Weiss serves notice of reconsideration of Article 20. 9:-30 P. M. Article 6. Ephraim Weiss speaks against the main motion. 9:32 P. M. (Cont. ) Main motion, as offered by Mr. Cole, declared carried by voice vote. 9:33 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 19 , John F. Downey, Jr. 9 26 Logan Clarke, Jr. 6 2L1. Robert A. Bittenbender 14 32 Wallace Cupp 15 101 1a.Z(- Main.motion declared adopted. 9:35 P. M. Ephraim Weiss moves for reconsideration of Article 20. He ,states that he believes that there was an error in the count on the vote on Mr, Cole's amendment. n , '9:36 P. M. Reconsideration of Article 20 declared lost by voice vote. 9:36 P.M. Voice vote doubted, so standing vote on reconsideration of Article 20 taken as follows: In Favor Tellers Opposed 12 John F. Downey, Jr. 25 26 Logan Clarke, Jr. 7 27 Robert A. Bittenbender 12 26 Wallace Cupp 26 91 70 - Reconsideration of Article 20 declared adopted. 9:38 p. M. Article 20. Various speakers. 9:44 P. M. Francis T. Worrell moves the previous question which was declared carried by voice vote. 9:45" P. M. A standing vote was- taken oh the motion as offered by Approved Lincoln P. Cole, Jr. to amend the main motion as by offered by Vernon C. Page under Article 20: Attorney General, In Favor Tellers Opposed Elliot L. Richardson, 23 John F, Downey, Jr. 15 July 30, 11 Logan Clarke, Jr, 22 1968 13 . Robert A. Bittenbender 25 28 Wallace Cupp 28 75 90 Mr. Cole's motion to amend Article 20 declared lost. 9:48 P. M. Robert H. Kingston's motion to amend Article 20 by adding after .the words ,"by means of a leash", the words "or by effective command", declared carried by voice vote. 9:14.6 P. M. Main motion, as amended, now reads: MOTION: To amend the General By•-Laws by striking out Section 2 of Article XXVII in its entirety and inserting in place thereof a new Section 2 to read as follows : Section 2. No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate- restraint and control of some person by means of a leash or by effective command. a rt The owner or keeper of any such dog that is not restrained or controlled off the premises of its owner or keeper shall be punishable by a fine of not more than ten dollars for each offense. Standing vote taken on main motion as amended: In Favor Tellers Opposed 13 John. F. Downey, Jr. 23 21 , Logan Clarke, Jr. 12 28 Robert A. Bittenbender 12 29 Wallace Cupp 25 91 72 Main motion, as amended, declared adopted. 9:50 P. M. Vernon C. Page presents the second part of Article 20. Article 20. MOTION: To raise and appropriate the additional sum of $5500.00 for Dog Officer-Personal Services for the year 1968 and the additional sum of $600.00 fo± Dog Officer-Expenses for the year 1968. Declared carried by voice vote, but voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 13 John F. Downey, Jr. 2W 24 Logan Clarke, Jr. 8 31 Robert -A. Bittenbender 6 30 Wallace Cupp 2L 98 62 Motion, as offered by Mr. Page under the second part of Article 20, declared adopted. 9:55 p. M. Article 7. Presented by Lincoln P. Cole, Jr. MOTION: To instruct the Selectmen to petition the General Court for the enactment of legislation to provide for placing on the official ballot used in the _ Town at each biennial state election a question whether licenses shall be granted in the Town for the sale therein of all alcoholic beverages by restaurants having a dining room capacity of not less than ninety-nine persons. 9:55 P. M. Shirley D. Bayle speaks in behalf of her clients, the owners of Anthonyt s Restuarant, in favor of this article. 9:58 P. M. Temple E. ananlon moves the previous question which was declared carried by voice vote. 10:03 P. M. Main motion declared carried by voice vote. 10:04 P. M. Article 8. Presented by Robert Cataldo. MOTION: That the sum of $62,000.00 be appropriated to be used in conjunction with mnney appropriated under Article 15 of the Warrant for the 1968 Annual Town Meeting for the construction of a sewer main or mains, and the - acquisition of land or interests therein necessary there- for, in such 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, as amended, or otherwise, and that payment thereof shall be provided by transfer from the excess and Deficiency Account. 10:05 P. M. Jack L. Mitchell, Chairman of the Capital Expenditures Committee, moves to amend the motion by striking therefrom the figure of $62,000.00 and substituting therefor the figure $110,000.00. 10:08 P. M. Charles E. Parks serves notice of reconsideration of Article 20. The Moderator asks if this is on the second part of Article 20 as the first part has already been reconsidered. No article can be recon- sidered twice. Mr. Parks states that he is referring to the second part of Article 20. 10:11 P. M. Article 8. Amendment, as offered by Mr. Mitchell, declared lost by (Cont. ) voice vote. 10:12 P. M. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 10:12 P. M. 54 Natalie Hs Riffin moves that Article 10 be taken up at-this time which was declared carried by voice vote. 10:12 P. M. Article 10. Presented by Natalie H. Riffin. MOTION: To amend the Zoning By-Law by striking out Sections 1 through 20, inclusive, thereof, as amended, together with all zoning maps referred to therein, and by substituting therefor Sections 10 through 40, inclusive, as set forth in the Zoning By-Law attached to and incorporated by reference in Article 10 of the Warrant for this Town Meeting. 10:13 P. M. (See below for Zoning By-Law as referred to in Article 10.) 1.11 ' Zoning By-Law as referred to in - Article 10. r „ .o. ( ) Z O N I N G B Y - L A W t of the TOWN OF LEXINGTON, MASS. I 1 Being a re-enactment and continuance of the Zoning By-Law 1 as adopted at the Adjourned Town Meeting on March 17, 1924, approved by the Attorney General on April 8, 1924 and pub- lished on April 18, 25 and May 2, 1924 as amended; adopted at an Adjourned Town Meeting on December 4, 1950, approved by the Attorney General on February 23, 1951 and published in the Lexington Minute-Man on April 26, May 3 and May 19, 1951, as it has since been altered by amend- ments and additions duly adopted at Town Meetings, approved by the Attorney General and published. .1 it i J INDEX - ZONING BY-LAW OF THE TOWN OF LEXINGTON PART 1. ADMINISTRATION AND PROCEDURE Page 11 Section 10. Purpose and Zoning Map 1 11. Enforcement by Building Inspector 1 11.1 Penalty for Violation 1 11.2 Building Permit 2 ! 11.3 Occupancy Permits 2 12. Board of Appeals 2 12.1 Appeals 2 12.2 Special Permits 2 12.3 Variances 2 13. Site Plan Review (Finding and Determination) 3 13.1 Application 3 13.2 Planning Board Report 3 13.3 Public Hearing 3 13.4 Compliance with Finding and Determination 4 ➢' ) 13.5 Extension of Time 4 13.6 Written Report 4 „ I 13.7 Failure to Act 4 14. Amendments to Zoning By-Law 4 14.1 Petition and Public Hearing 4 i 14.2 Notice of Hearing 5 14.3 Amendment of Zoning Map 5 15. Validity 5 16. Other B, --Laws 5 17. Forbidden if Not Permitted 5 18. Continuity of By-Law 5 , PART 2. USE AND INTENSITY REGULATIONS I 20. Districts Defined 6 20.1 Residence Districts 6 20.2 Commercial and Industrial Districts 6 21. Descriptions Govern 6 h' 22. Descriptions of Residence Districts 6 22.1 RO - One Family Districts, 30,000 sq.ft. 6 22.2 RS - One Family Districts, 15,500 sq.ft. 6 22.3 RT - Two Family Districts 7 22.4 RM - Multifamily (garden apartment) districts 7 ( Id 23. Description of Commercial and Industrial Districts 9 ,' 23.1 CR - Office and Research Park Districts 9 23.2 CH - Hotel, Office and Research Park Districts 12 23.3 CM - Manufacturing and Research Park Districts 12 23.4 CO - Office Districts 13 23.5 CS - Service and Trade Districts 13 23.6 CN - Neighborhood Business Districts 14 23.7 CG - General Business Districts 15 23.9 CB - Central Business Districts 18 Page Section 24. Permitted Land Uses 20 24.1 More Specific Classification Governs 20 24.2 Principal and Accessory Uses 21 24.3 Unlisted Accessory Uses 21 24.4 Apartments in CB Districts 21 25. Use Regulations Schedule 22 26. Dimensional Controls 26 26.1 No Lot Reduction Below Minimum 26 26.2 Civil Defense Shelters 26 26.3 Residence Uses in Commercial Districts 26 26.4 Symbols and Abbreviations 26 26.5 Exemption for Small Previously Recorded Lots 26 26.6 Lots Partly in Lexington 28 27. Schedule of Dimensional Controls 29 PART 3. GENERAL REGULATIONS 30. Non-Conforming Uses 30 30.1 May Be Contin ed 30 30.2 May Be Repaired 30 30.3 May Not Be Extended or Enlarged 30 30.4 No Reversion to Non-Conforming Use 30 30.5 Abandonment of Non-Conforming Use 30 31. Parking and Loading Regulations 30 31.1 Required Parking and Loading Facilities 30 31.2 Dimensional Restrictions on Parking and Loading 31 31.3 Explanation of Symbols and Abbreviations 31 32. Schedule of Parking and Loading Regulations 31 32.1 Schedule of Required Parking and Loading 32 32.2 Schedule of Dimensional Restrictions of Parking & Loading 33 33. Planned Unit Development 34 33.1 Objectives 34 33.2 Number of Building Lots Permitted 34 33.3 Portion to Remain Unsubdivided 34 33.4 Frontage and Area Reductions 35 33.5 Application for Special Permit 35 33.6 Planning Board Recommendations 35 33.7 Board of Appeals Action 35 34. Sign Regulations 36 35. Accessory Signs 37 35.1 Residential Identification 37 35.2 Permitted Use Identification 37 35.3 Real Estate Signs 37 35.4 Real Estate Subdivision Signs 37 35.5 Accessory Signs on Special Permit 37 PART 4. DEFINITIONS 40. Definitions (alphabetically) 38 APPENDIX - YARD DEFINITIONS PART I. ADMINISTRATION AND PROCEDURE SECTI0N 10. For the purposes set forth in General Laws, Chapter Purpose 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143, and any other enabling laws, the inspec- tion, materials, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts, and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as hereinafter defined and as shown on the Zoning Map prepared by the Planning Board, a copy of which is filed with the Town Clerk, which map as filed and as from time to time revised to conform to Zoning Map amendments of the Zoning By-Law is hereby made a part of this By- 1 Law. The Zoning Map may be revised from time to time by the Plan- ) 1, ping Board by addition, deletion, or relocation of streets and other geographical features required to keep the map reasonably current and to facilitate orientation, but such revisions shall in no way affect or change the location and boundaries of zoning dis- tricts as defined in this By-Law, as amended from time to time. SECTION 11. The Building Inspector appointed under the provisions Enforcement of the Building By-Laws of the Town of Lexington is hereby desig- by Building nated and authorized as the officer charged with the enforcement Inspector of this By-Law. If the Building Inspector is informed or has reason to believe that any provision of this By-Law is being violated, he shall make or cause to be made an investigation of the facts and inspect the property where such violation may exist. If upon such investigation and inspection he finds evidence of such violation, he shall give notice thereof in writing to the owner and occupant of said premises and demand that such violation be abated within such time as the Building Inspector deems reason- able. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Board of Assessors of the Town and to the occupant at the address of the premises. If after such notice and demand the violation has not been abated within the time specified therein, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of Lexington to prevent, correct, restrain or abate such violation of this By-Law. 11.1 Whoever violates any provision of this By-Law shall Penalty for be punished by a fine not exceeding Fifty Dollars ($50.00) for each Violation offense, except that the penalty for the removal of earth materials in violation of this By-Law shall be as provided for in the General By-Laws of the Town of Lexington. Every day a violation continues after its abatement has been ordered by the Town shall constitute a new offense. -1- Building 11.2 No building shall be erected, moved, added to or Permits structurally altered without a building permit issued by the ( Required Building Inspector. Applications for building permits shall be ) , submitted to the Building Inspector, accompanied by a plot plan in duplicate prepared by a registered Massachusetts land surveyor and containing all information necessary to determine that the proposed building complies with the provisions of this By-Law. The Building Inspector shall not issue a building permit for any building which would not conform to the provisions of this By-Law. Occupancy 11.3 No building erected, altered or in any way changed Permit as to construction or use under a permit or otherwise shall be occupied or used without an occupancy permit signed by the Build- ing Inspector which permit shall not be issued until the build- ing and uses and accessory uses comply in all respects with the provisions of this By-Law and adequate means of sewage disposal have been provided. Board of SECTION 12. There shall be a Board of "Appeals of five members Appeals appointed by the Selectmen for five year terms. The Selectmen ) ( shall also appoint six associate members of the Board of Appeals. The appointment, service and removal or replacement of members and associate members and other actions-of the Board of Appeals shall be as provided for in the General Laws, Chapter 40A. The Board of Appeals in existence up to the date of the adoption of this Section shall continue in office for the balance of terms for which originally appointed. Powers of The Board of Appeals shall have and exercise all the the Board of Appeals powers granted to it by said Chapter 40A and this Zoning By-Law. These powers comprise the following: Appeals 12.1 Appeals - To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter , 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Inspector of Buildings or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. Such appeal shall be taken within 30 days from the date of the order or decision being appealed, by filing a notice of appeal, speci- fying peci- f in II ; y g the grounds therefor, with the Town Clerk. 'I ! Special 12.2 Special Permits - To hear and decide applications ;, f,_ Permits for special permits for exceptions as provided in this By-Law, }' i ,j subject to any general or specific rules therein contained, and subject to appropriate conditions or safeguards imposed by the Board of Appeals. ii Variances 12.3 Variances - To authorize upon appeal, or upon peti- tion in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this By-Law where, owing to conditions specially affecting such parcel or such -2- I building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted with- out substantial detriment to the public good and without nulli- fying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. SECTION 13. Site plan review by the Board of Appeals is required ,Site prior to approval of an application for a special permit in certain Review cases specified in Section 25 (designated "SPS" in the Use Regula- tion Schedule) . In such cases, a special permit shall be issued only if the Board of Appeals makes a finding and detE.rmination that the proposed placement of buildings, major topographic changes, provisions for waste disposal, surface and ground water drainage, erosion control, parking areas, loading areas, maneuvering areas, driveways, and the location of intersections of driveways and streets will constitute a suitable development and will not result in substantial detriment to the neighborhood. 13.1 A person applying for a special permit under this Contents of section shall file with the Board of Appeals three copies each of Application an application and a preliminary site plan. Such application and site plan shall include the elements on which the Board of Appeals is to make a finding and determination, as provided in Section 13, 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 Board shall reasonably require. 13.2 The Board of Appeals shall within three days (Satur- Planning days, Sundays and holidays excluded) of receipt of them transmit Board Report to the Planning Board two copies of the above application and site plan. The Planning Board shall consider the same and submit a final report thereon with recommendations to the Board of Appeals. The Board of Appeals shall not make a finding and determination upon an application until it has received the final report of the Planning Board thereon or until thirty 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. 13.3 The Board of Appeals shall hold a public hearing, and, Public except as hereinafter provided, shall take final action on an appli- Hearing cation within forty-five days after the filing of such application with said Board of Appeals. Such final action shall consist of either (1) a finding and Finding and determination that the proposed construction, reconstruction, sub- Determina- stantial exterior alteration, or addition will constitute a suit- tion able development and will not result in substantial detriment to Reasons and the neighborhood, or (2) a written denial of the application for Conditions 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 Board to be inadequate, unsuitable or detrimental to the neighborhood. A finding and determination may be made subject -3- T ---A to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to insure that the proposed construction, reconstruction, substantial exterior alter- ation, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood. Compliance 13.4 In the event that the Board of Appeals approves a with Find- Special Permit under these provisions, any construction, recon- ing and struction, substantial exterior alteration, or addition,shall be Determination carried on only in conformity with any conditions, modifications and restrictions to which the Board shall have made its finding and determination subject, and only in essential conformity with ,. the application and the site plan on the basis of which the finding and determination are made. Extension of 13.5 The period within which final action shall be taken Time for may be extended for a definite period by mutual consent of the Finding and Board of Appeals and the applicant. In the event the Board deter- Determination mines that the site plan and evidence presented to it at the public hearing are inadequate to permit the Board to make a find- 1ing and determination, it may, in its discretion, instead of deny- 0, ing the application, adjourn the hearing to a later date to permit the applicant to submit a revised site plan and further evidence, provided, however, that such adjournment shall not extend the forty-five day period within which final action shall be taken by the Board, unless said period is extended to a day certain by mutual consent. Written 13.6 The Board of Appeals shall file with its records a Report written report of its final action on each application, with its I ; reasons therefor. Failure 13.7 In the event the Board of Appeals shall fail to to Act take final action on an application within forty-five days after the ,filing with the board of an application for a finding and determination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of said forty-five day or extended period, said Board shall be deemed to have found and determined that the proposed construction, reconstruction, substantial external alteration, or addition will constitute a suitable development and will not result in substan- tial detriment to the neighborhood. Amendments, SECTION 14. No amendment to this By-Law shall be adopted until Public Hear- after the Planning Board has held a public hearing thereon and has ing and submitted a final report with its recommendations to an Annual or Report Special Town Meeting or until twenty days shall have elapsed after such hearing without the submission of such a report. Amendment - 14.1 The Planning Board shall hold such a public hearing Public Hear- on a proposed amendment when requested so to do by a vote of the ing on Town, by a petition signed by not less than 100 registered voters Petition of the Town or by a petition signed by the owners of 50% in valua- tion of the property designated or accepted by the Planning Board jI as affected by any such proposed amendment. Such a hearing may li be held by the Planning Board at any time on its own initiative. 1 -4- 1 14.2 Notice stating the time, place and purpose of said Amendment - hearing shall be given by publication in a local newspaper at least fourteen days before said hearing and, unless in the opinion Notice of 1 of the PlanningBoard the Public ) proposed amendment is one of wide appli- Hearing cation in the Town, by mailing a copy of said notice to the owners of all property deemed by said Board to be affected thereby as they appear on the most recent local tax list at least seven days before said hearing. 14.3 Any change in the location or boundaries of a zoning Amendment of district made through the amendment of this By-Law shall be indi- Zoning Map cated by the alteration of the aforesaid Zoning Map, and the Map thus altered is declared to be a part of this By-Law thus amended. Any failure to alter or delay in altering the Map shall not post- pone or otherwise affect the effectiveness of any amendment. SECTION 15. The invalidity of any section or provision of this Validity By-Law shall not invalidate any other section or provision hereof. SECTION 16. Where this By-Law imposes a greater restriction upon Other the use of land or the use or erection of buildings in the Town By-Laws than is imposed by other By-Laws of the Town, the provisions of this By-Law shall control. SECTION 17. Any building or use of premises not herein expressly Forbidden if permitted is hereby expressly forbidden. Not Permitted SECTION 18. This By-Law shall be deemed to constitute a re-enact.- Continuity ment and continuance of the provisions of the Zoning By-Law in of By-Law effect when it was adopted except so far as it contains changes in wording or arrangement which unequivocally constitute changes in meaning. PART 2. USE AND INTENSITY REGULATIONS Districts Section 20. The Town of Lexington is hereby divided into districts Defined designated as follows: 11 20.1 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 20.2 Commercial and Industrial Districts: CR - Office and research park districts CH - Hotel, office and research park district CM - Manufacturing and research park district CO - Office districts CS - Service and trade districts CN - Neighborhood business districts I CG - General business districts CB - Central business districts Ili II Section 21. In the event of any discrepancy between the boundaries Descriptions of the districts as shown on the Zoning Map and as hereafter de- ji scribed, the descriptions set forth in this section shall govern. 1 Geographical Descriptions Section 22. Geographical descriptions of residence districts. ! ' RO Description Z2,1 RO - one family dwelling districts include every part of the Town not hereinafter specifically designated or not shown upon the Zoning Map as a district other than an RO district. 22.2 RS - one familydwellingdistrict includes the land RS Description within the area bounded and described as follows and not herein- after designated or shown upon the Zoning Map as a district other than an RS district: beginning at the Arlington-Lexington town line, thence along the � I Cambridge-Concord Highway to Wellington Lane Avenue, thence along Wellington Lane Avenue to Meadow Brook Avenue, thence along i'I Meadow Brook Avenue to Moreland Avenue, thence along Moreland Avenue to a point opposite the southeasterly end of Buckman Drive, thence to the southeasterly end of Buckman Drive and along Buck- man Drive to Locust Avenue, thence along Locust Avenue to Follen II Road, thence along Follen Road to Marrett Road, thence along Marrett Road to Stedman Road, thence along Stedman Road to Brookside Avenue, H thence along Brookside Avenue to Waltham Street, thence along Waltham Street to Bridge Street, thence along Bridge Street to Payson Street,thence along Payson Street to Grassland Street, thence along Grassland Street to Winston Road, thence along Winston Road II , to Hudson Road, thence along Hudson Road to Marlboro Road, thence HI 11 jl along Marlboro Road to Woodcliffe Road, thence along Woodcliffe Road to Spring Street, thence along Spring Street to Shade Street, thence along Shade Street to Weston Street, thence along Weston ).\ Street to Lincoln Street, thence along Lincoln Street to the Northern Circumferential Highway to Grove Street, thence along Grove Street to Burlington Street, thence along Burlington Street to Hancock Street, thence along Hancock Street to Coolidge Avenue, thence along Coolidge Avenue to Adams Street, thence along Adams Street to Woodland Road, thence along Woodland Road to Colony Road, thence along Colony Road to Grant Street, thence along Grant Street to Hayes Lane, thence along Hayes Lane to Woburn Street at the Boston and Maine Railroad, thence along the Boston and Maine Rail- road to the northwesterly line of the private way leading to the East Lexington Depot, thence in a straight line to the southwesterly end of Bartlett Avenue at Monroe Brook, thence along Bartlett Avenue to Lowell Street, thence along Lowell Street to Summer Street, thence along Summer Street to the Arlington-Lexington town line, thence along the Arlington-Lexington town line to the point of beginning. RT Districts 22.3 RT - two family dwelling districts include the land Description i I described as follows: 22.31 A district on the southwesterly side of Massachu- setts Avenue extending from a line westerly of and distant 100 feet from the westerly line of Sylvia Street to a line easterly of and distant 100 feet from the easterly line of Charles Street and for a depth of 100 feet throughout. 22.32 A district on the southwesterly side of Massachu- setts Avenue extending from the westerly line of Lisbeth Street to the southeasterly line of Plainfield Street and for a depth of 100 feet throughout with the exception of a business district designated therein. 22.33 A district between the northeasterly line of Massachusetts Avenue and the railroad right-of-way extending from the northwesterly line of the private way leading to the East Lexington Depot to a line southeasterly of and distant 100 feet from the south- easterly line of Maple Street with the exception of a business dis- trict designated as located therein. 22.4 RM - multi-family dwelling districts include the land RM Districts described as follows: Description ) 22.41 A district bounded on the southwest by Massa- chusetts Avenue, on the north by Woburn Street, on the northeast by the Boston and Maine Railroad right-of-way and on the southeast by Muzzey Junior High School lot. 22.42 A district on the easterly side of Waltham Street beginning at a stone bound situated on the easterly side line of said Waltham Street at the intersection of land now or formerly of Louise J. Carter and the Vine Brook Realty Trust and thence run- ning northerly along the easterly side line of Waltham Street eight hundred fifty (850) feet to a point; thence turning at right angles -7- to said easterly side line of Waltham Street and running easterly eight hundred (800) feet to a%point; thence turning and running southwesterly eight hundred fifty (850) feet, more or less, to a point in the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al; and thence turning and running westerly along the center line of a ditch being the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al, of Berta Franceschelli, of Domenic Petrino et al, and of Louise J. Carter five hundred fifty (550) feet to the point of beginning. There is excepted from the foregoing, however, the land situated northerly of Worthen Road as shown on plan entitled "Vine Brook Meadows Section Two Lexington, Mass." dated June 12, 1960, Albert, A. Miller-Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 209 of 1961, Book 9762, Page 142 and filed in the Land Registration Office as Plan No. 27677 D. i ' 22.43 A district on the southeasterly side of Maple ! ' Street beginning at a point on the southeasterly side line of said Street at the intersection of land of Robert Chapman and the Town of Arlington, thence running southeasterly by land of the Town of Arlington 743.7 feet, more or less, to a point; thence turning at an angle and running easterly by land of the Town of Arlington 367 feet, more or less, to a point at a brook; thence turning at an angle and continuing easterly by land of the Town of Arlington 307.7 feet more or less, to a point at the intersection of land of the Town of Arlington, land now or formerly of Lexwood Poultry Farms, Inc. , and land now or formerly of Harry D. Hull; thence turning at an angle and continuing easterly by land now or formerly of Harry D. Hull 300 feet, more or less, to a point; thence turning at an angle and running northerly by land of Lexwood Poultry Farms, Inc. 130 feet, more or less, to a point; thence turning at right angles and running westerly by the .land of said Lexwood Poultry Farms, Inc. 580 feet, more or less, to a point at a brook: thence turning at an angle of 35 degrees 15' more or less, and running northwesterly by land of Paul Th cci, Inc. , 935 feet, more or less, to a point on the southeasterly side line of Maple Street; thence turning at a right angle and running in a southwesterly direction along the south- easterly side line of Maple Street 350 feet more or less, to the point of beginning. The above describes an area of land approximately 480,000 sq.ft. , or 11 acres, more or less. 22.44 A district situated on the southerly side of Worthen Road, lying betwen Massachusetts Avenue and Bedford Street bounded and described as follows: !. Northwesterly by Worthen Road, 389 feet, more or less; north- easterly by land now or formerly of Rayco Realty Trust, 507 feet, more or less; southeasterly by land now or formerly of John P. & Loretta B. Whalen and Town of Lexington, 389 feet, more or less; iii southwesterly by land now or formerly of Roman Catholic Archbishop of Boston, 427 feet, more or less; said area containing 4.1 acres, more or less. i 22.45 A district on the southwesterly side of Shirley Street and on the southeasterly side of Hill Street and being shown as Lot B on a plan by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated October 8, 1964, and being further bounded and described as follows: Beginning at a point at the northwesterly corner of Shirley Street at land of John F. Murphy; thence running northwesterly by said land of Murphy, 123.34 feet to a point; thence turning and running southwesterly by Lot C as shown on said plan and by land of ' Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. Bullock and by land of Arthur C. Ruge and Florence B. Ruge, 820.81 feet to other, land of said Arthur C. Rugs and Florence B. Ruge; thence turning and running southeasterly by other land of Arthur C. Ruge and Florence B. Ruge, 277.06 feet to a point; thence turning and running northeasterly by Lot A as shown on said plan 857.98 feet to the westerly corner of land of Custance Brothers, Inc. ; thence running northeasterly by said land of Custance Brothers, Inc. 152.85 feet to land of Alice T. McCarthy; thence turning and running northwesterly by land of Alice T. McCarthy by two bounds, 50.36 feet and 114.20 feet and by land of Edward P. Colbert and Gloria D. Colbert, 120 feet and by land of owner unknown, 117.29 feet to land of Walter F. Spellman and Mary A. Spellman; thence turning and run- ning southwesterly by land of Walter F. Spellman and Mary A. Spellman and land of John R. Driscoll, Jr. and Kathleen Driscoll and by land of Albert J. Saganich, 150.75 feet to a point; thence turn- ing and running northwesterly by said land of Albert J. Saganich, 136.15 feet and by the southwesterly side line of Shirley Street, 40.14 feet and to the point of beginning. Section 23. Geographical descriptions of commercial and industrial Geographical districts. Descriptions 23.1 CR — office and research park districts include the CR Districts land described as follows: Description 23.11 A district on the northeasterly side of the Cambridge-Concord Highway (Route 2) and the easterly side of the Northern Circumferential Highway (Route 128) and on both sides of Spring Street and bounded and described as follows: Beginning at the intersection of the northeasterly line of qd the Cambridge-Concord Highway (Route 2) and the easterly line of 1 ' Route 2-Route 128 Interchange, so-called; thence northerly and northwesterly along the easterly and northeasterly lines of said Interchange; thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to a line parallel with and 25 feet distant at right angle southeasterly from the southeasterly line of Weston Street; thence northeasterly by said parallel line about 290 feet; thence S28°47 '10"E about 85 feet to a line parallel with and 250 feet distant at right angle south- westerly from the northernmost straight section of the northeast line of Shade Street; thence S64°17'10"E by said parallel line 395 feet; thence S42°25'10"E by a line parallel with and 250 feet dis- tant at right angle southwesterly from the northeasterly line of .q- Shade Street 450 feet; thence S47'W about 360 feet; thence S22'E about 885 feet; thence S39'09'50"E along the southwesterly lines of lots 234 through 252 shown on Land Court Plan 6962C 932.40 feet; thence N65°38'10"E 206.87 feet along said lot 252; thence S39°09'50"E by a line in part parallel with and 200 feet distant at right angle southwesterly from the southwesterly line of Shade Street 620 feet; thence S4°W 240.64 feet; thence S78°E 262.50 feet; thence S39°09'50"E about 145 feet to Spring Street and continuing on the same course across Spring Street and for a distance of 100 feet Southeasterly from the southeasterly line of Spring Street; thence due east to a line parallel with and 100 feet at right angle southwesterly from the southwesterly line of the location of Old Shade Street; thence southeasterly and southerly by lines parallel with and 100 feet distant at right angle from the southwesterly and , westerly lines of the location of Old Shade Street to a line parallel with and 100 feet distant at right angle northerly from land now or formerly of Clarence M. Cutler; thence westerly, south- [ westerly and southerly by lines parallel with and 100 feet distant -i I ; at right angle northerly, northwesterly and westerly from said ` I , Cutler land to the northerly line of the Cambridge-Concord Highway; and thence westerly and northwesterly along the northerly and northeasterlylines of the Cambridge-Concord Highway to the ; g g y point of beginning. 1 ! I III 23.12 A district on the westerly side of Wood Street I ; and abutting upon the Laurence G. Hanscom Field (Bedford Airport) P; ' and bounded and described as follows: W Beginning at a point in the westerly line of Wood Street, lH at land of the United States of America; thence running N63°34'30"W by land of the United States of America, distant 348.63 feet to a point; thence turning and running Nl°33'40"W by land of the United States of America, distant 300.00 feet to a point; thence running N5'22'30"E by land of the United States of America, distant 616.21 feet to a point in the westerly line of Wood Street; thence turning and running by a curve to the right with a radius of 594.55 feet by it the westerly line of Wood Street, distant 299.26 feet to a point; ' Ph thence running S30°24'00"E by said westerly line of Wood Street, I'! , distant 267.61 feet to a point; thence running by a curve to the . , right with a radius of 474.66 feet by said westerly line of Wood HH , Street, distant 492.09 feet to a point; and thence running S29'00'00"W by said westerly line of Wood Street, distant 179.93 feet to the I!i point of beginning. 23.13 A district on the southwesterly side of Marrett `1 IIL I Road and the Northwesterly side of the Northern Circumferential Hi' Highway (Route 128) and bounded and described as follows: ,'' Beginning at a Massachusetts highway bound at the inter- , II" section of the southwesterly line of Marrett Road and a southwesterly Ilii line of the Marrett Road-Route 128 interchange, so-called; thence ill , ) South 40'31'20"E by said southwesterly line of said interchange, dis- illi tent 55.16 feet; thence 543°34'46"W by said interchange, distant ;Ii 84.34 feet; thence S40°31'20"E, distant 201.06 feet; thence South 20'45'22"E, distant 163.00 feet; thence S47'16'43"W, distant 60.00 I ' , feet; thence S42'43'17"E, distant 44.20 feet; thence S18°54'93"W, H' i -10- ji Hi distant 522.71 feet; thence S32°53'53"W, distant 678.55 feet, all by said interchange; thence N68°19'10"W, distant 36.96 feet; thence N75°07'50"W, distant 149.01 feet; thence S32°37'30"W, distant 168.32 feet; all by land now or formerly of the City of Cambridge or now or formerly of Antonio Venuti and Concetta Venuti; thence N72°34'00"W, distant 352.36 feet; thence N27'27'00"W, distant 257.35 feet; thence N27°24'20"W, distant 89.39 feet; thence N15°30'00"E, distant 88.01 feet; thence N16°15'30"E, distant 87.87 feet; thence N26°30'30"E, distant 10.76 feet; thence N58°43110"W, distant 347.08 feet, all by , land now or formerly of the City of Cambridge; thence N18°16'40"E by land now or formerly of Edwin John Lee, distant 1073.63 feet; thence S39°43'36"E by land now or formerly of Florence K. Hargrove, distant 326.17 feet; thence N82°25'50"E by land now or formerly of Bedros H. Bashian et al, distant 30.74 feet; thence N80°47'50"E, distant 77.74 feet; thence N82°11'10"E, distant 86.71 feet; thence N85°44'00"E, distant 13.15 feet; thence N51°48'10"E, distant 463.41 feet; thence S62°18'50"E, distant 70.09 feet; thence S60°42'20"E, distant 67.99 feet; thence S70°06'00"E, distant 52.36 feet to a point in the south- ] ') westerly line of Marrett Road, all by said land of Bedros H. Bashian C!; et al; and thence running southeasterly by a curve to the left with a radius of 644.42 feet by said southwesterly line of Marrett Road, distant 174.17 feet to the point of beginning. 23.14 A district on the Town of Lexington and City of Waltham boundary on the easterly side of the Northern Circumferen- tial Highway (Route 128) , on the southeasterly side of the Route 128- Route 2 Interchange, so-called, and the westerly side of Spring Street, bounded and described As follows: Beginning at a point on the westerly line of Spring Street at the common boundary of the Town of Lexington and City of Waltham, thence westerly along such boundary of the Town of Lexington and City of Waltham, to the easterly line of the Northern Circumferen- tial Highway (Route 128) ; thence northerly along the easterly line of the Northern,Circumferential Highway (Route 128) to the inter- section of the easterly line of the Northern Circumferential High- way (Route 128) and the southeasterly line of Route 128-Route 2 Interchange, so-called; thence northeasterly and easterly, by two lines, along the southeasterly and southerly lines of said Inter- change, to a point on the common boundary of said Interchange and land of Lexington Investment Trust and land now or formerly of Chester and Isabelle Lamantea; thence southeasterly and southwesterly by land now or formerly of Chester and Isabelle Lamantea, Benjamin A. { and Ann L. Greene, Francis A. and Thelma P. Gallagher, Michael J. and i• Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and Catherine Morley, Warren W. and Elizabeth B. Fox, and William and Eileen Cowles; thence southeasterly along a line parallel to and seventy (70) feet northeasterly from the common boundary of the Town of Lexington and City of Waltham six hundred sixty-three (663) feet, more or less, to the westerly line of Spring Street; thence south- erly by the westerly line of Spring Street, seventy-four (74) feet, more or less, to the point of beginning at the boundary of the Town of Lexington and City of Waltham. -11- CH Districts 23.2 CH - hotel, office and research park districts Description include the land described as follows: 21,4 A district on the southwesterly side of Bedford Street bounded and described as follows: northeast- erly by Bedford Street, southeasterly by the Route 4 and 225- Route 128 Interchange, southwesterly by a line parallel to and 1200 feet equi-distant from the northeasterly side of the Boston & Maine Railroad right-of-way and northwesterly by Hartwell Avenue. 23.22 A district situated on the westerly side of the State Highway (Route 128) and the easterly side of 1 Marrett Road bounded and described as follows: Easterly by the westerly side of the State Highway 11 (Route 128) four hundred (400) feet, more or less; northerly by other land of Frida Semler Seabury and Arthur F. Hinds et 11 als twelve hundred sixty (1260) feet, more or less; easterly by land of said Hinds one hundred seventy (170) feet, more or 11 less; northwesterly by land of Maurice D. Healy by two bounds, said bounds being of two hundred ninety-two (292) feet, more or less, and two hundred one (201) feet, more or less re- spectively; southwesterly by Marrett Road nine hundred thirty (930) feet, more or less; southeasterly, southwesterly, south- easterly, _southwesterly as shown by land now or formerly of Grigor by four bounds of twenty-eight (28) feet, more or less, ii,; two hundred three (203) feet, more or less, seventy (70) feet, I 'II!i more or less, three hundred seventy (370) feet, more or less; southerly three hundred forty (340) feet, more or less; to the point of beginning at the State Highway (Route 128). I' CM Districts 23.3 CM - manufacturing and research park districts Description include the land described as follows: , [11 23.31 A district on the northwesterly side of the Northern Circumferential Highway (Route 128) and bounded 1111 1111 and described as follows: beginning at a point on the north- 11111 westerly line of the Route 4 and 225-Route 128 Interchange, , so-called, said point being 1200 feet distant and at right !' ' angle from the northeasterly side of the Boston & Maine Rail- road right-of way; thence southerly along the westerly line of ;!i said Interchange; thence southwesterly along the northwesterly H line of the Northern Circumferential Highway (Route 128) to a ,; H point, said point being 2400 feet distant and at right angle from the southwesterly side of said Boston & Maine Railroad right-of-way; thence northwesterly along a line parallel to and 2400 feet distant from said southwesterly side of the Boston & Maine Railroad right-of-way to a point on the south- ' ', h easterly line of Hartwell Avenue; thence northeasterly along I' said southeasterly line of said Hartwell Avenue to a point 1200 feet distant and at right angle from the northeasterly SII side of the Boston & Maine Railroad right-of-way; thence south- easterly along a line parallel to and 1200 feet equi-distant from said Boston & Maine Railroad right-of-way to the point of 11 beginning. -12- 23.32 A district northwesterly of Hartwell Avenue and bounded and described as follows: beginning at a point on the north- erly line of Wood Street at land of the United States of America; thence northwesterly, northerly, northeasterly and again northwesterly along the northeasterly, easterly, southeasterly and again northeast- erly lines of said land of the United States of America to the Lexing- ton-Bedford town line; thence northeasterly along said town line to the southerly line of Westview Street; thence easterly and northeast- erly along the southerly and southeasterly line of said Westview Street to the section of said street relocated in 1959; thence south- ' easterly along the southwesterly line of said relocated street to Hartwell Avenue; thence southwesterly along the northwesterly line of Hartwell Avenue to Wood Street; thence westerly along the northerly line of Wood Street to the point of beginning. 23.4 CO - office districts include the land described as CO Districts follows: Description 1 23.41 A district on the easterly side of Waltham Street partly adjacent to the common boundary line of Lexington and Waltham, J' bounded and described as follows: 1 Beginning at a point on the easterly side of Waltham Street at the common boundary of Lexington and Waltham; thence running south- easterly by the Lexington-Waltham common boundary line three hundred seventy (370) feet, more or less, to land now or formerly of Salvatore Ricci; thence running northeasterly by land now or formerly of said Ricci, three hundred seventy-five (375) feet, more or less; thence running northerly by land now or formerly of said Ricci to land of Leonard V. Short, four hundred forty-two (442) feet, more or less; thence running westerly by land of said Short two hundred forty (240) feet, more or less, to Waltham Street; thence southwesterly by Waltham Street, six hundred ninety-five (695) feet, more or less, to the point of beginning. There is excepted from the above described land the parcel bounded and described as follows: southerly by the Lexington-Waltham line 200 feet; westerly by Waltham Street, 140 feet, more or less; northerly by land', now or formerly of Leonard V. Short, 200 feet; and easterly by land, now or formerly, of said Short, 140 feet, more or less. 23.42 A district on the northerly side of Worthen Road bounded and described as follows: southeasterly by Worthen Road by five courses measuring respectively, twenty-five (25) feet, one hundred eleven and 63/100 (111.63) feet, three hundred forty-eight and 26/100 )'; - (348.26) feet, one hundred nineteen and 2/100 (119.02) feet, and ninety- 'ii two and 97/100 (92.97) feet; northeasterly by land now or formerly of First National Stores, Inc. , and Custance Brothers, Inc. four hundred seventy-six and 82/100 (476.82) feet; northwesterly by land of Town of Lexington, Lexington Housing Authority, eight hundred fifty-seven and 98/100 (857.98) feet; southwesterly by land of Arthur C. and Florence B. Ruge, three hundred and thirty-seven and 93/100 (337.93) feet; north- westerly by land of said Arthur C. and Florence B. Ruge, twenty-five (25) feet; and southwesterly by land of Grace Chapel, Inc. , four hun- dred fifty (450) feet, more or less, to the point of beginning. 23.5 CS - Service and trade districts include the land de- CS Districts scribed as follows: (none) Description -13- CN Districts 23.6 CN - neighborh000d business districts include the land Description described as follows: 23.61 A district on the easterly side of Bedford Street ( 1') between North Hancock Street and Harding Road beginning at a point on the northerly sideline of North Hancock Street, said point being west- erly and a distance of 22.5 feet, more or less, from the westerly terminus of a curve of 281.86 feet radius; thence westerly a distance of 110.7 feet, more or less, to a point of curvature; thence following the northerly sideline of North Hancock Street, the easterly sideline of Bedford Street and the southeasterly sideline of Harding Road to o 1„ Lot 12 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 6988, Page 1; thence southeasterly along the southwesterly lot line of said Lot 12 a distance of 107.68 feet to a 11 point; thence easterly along the southerly lot line of said Lot 12 a distance of 75 feet, more or less, to a point; thence southerly by a 1' straight line running in part along the westerly boundary of the lot shown on plan entitled 'Land on North Hancock St. Lexington Belonging to Heirs of Olive J. Smith," recorded in said Registry of Deeds in Book )' i ; ' 3214, End, a distance of 119 feet, more or less, to the point of begin- `' ning. )9 ' ''' 23.62 A district on the northerly side of Marrett Road beginning at a point 69.50 feet westerly of the westerly terminus of a curve of 215.47 feet radius; thence westerly along the northerly line of said Marrett Road a distance of 197.70 feet to a point; thence northerly I' I'l' a distance of 214.15 feet to a point; thence westerly a distance of 86.04 LI feet to a point; thence northeasterly a distance of 78.12 feet to a ' r . i , point; thence southwesterly, a distance of 60 feet to a point; thence I,i'; westerly a distance of 15.3 feet to a point; thence southerly a distance i,','' of 200.9 feet to the point of beginning, said district including lots II, 193, 194 and 195 as shown on a plan recorded in the Middlesex South Dis- ` i trict Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book ' 321, Page 5. 11 23.63 A district at the intersection of the northeast- Il erly line of Lincoln Street with the easterly line of School Street, ex- tending for a distance of 200 feet southeasterly along said Lincoln Street and for a distance of 200 feet northerly along said School Street i, and for a depth of 200 feet from the lines of said streets. i, 23.64 A district at the southwesterly corner of Waltham [11111 Street and Concord Avenue beginning at a point on the southerly line of I ; II said Concord Avenue; thence bearing to the right with a curve of 69.17 I; feet radius, a distance of 90.99 feet to a point of tangency in the ; Il'I westerly line of said Waltham Street; thence S05°39'05"E, a distance of 111 lI,II , 42.06 feet to a point of curvature; thence bearing to the right with a ;I curve of 1,945.62 feet radius, a distance of 52.94 feet to a point; {1 11111 thence N81°04'20"W, a distance of 150 feet to a point; thence N50°22'30"W , " ,' a distance of 148.54 feet to a point in the southerly line of Concord '11Avenue; thence S81°01'25"E, a distance of 96.61 feet to the point of '1 III I r 1beginning. I , ! 23.65 A district at the southeasterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line cif II Concord Avenue; thence along said southerly line S79°43'15"E, a distance III '1 of 68.52 feet to a point; thence S11°14'55"W, a distance of 160.45 feet 11 ,11 to a point; thence westerly a distance of 99.50 feet to a point in the " II easterly line of said Waltham Street; thence northerly along said easterly III I' II , -14- line of Waltham Street bearing to the left by a curve of 1 2,005.62 feet radius, a distance of 95.33 feet to a point (00 of reverse curvature; thence bearing to the right by a curve of 60.97 feet radius, a distance of 112.72 feet to the point of beginning. 23.66 A district on the westerly side of Bed- ford Street beginning at a point on the southwesterly side of Bedford Street, said point being 154 feet northwesterly from a stone bound at the southeasterly terminus of a curve of 866.4 feet radius, and extending southeasterly along Bed- ford Street to the northeasterly sideline of Reed Street and to a depth of 100 feet from the adjacent sideline of Bedford Street. 23.67 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- easterly sideline of Bedford Street with the northerly side- line of the Boston & Maine Railroad right-of-way; thence northwesterly by said sideline of Bedford Street, a distance of 152.2 feet, more or less, to the northwesterly boundary of land now or formerly of Dynel Incorporated; thence north- easterly by said boundary 100 feet; thence southeasterly by a line parallel to and 100 feet northeasterly from the north- easterly sideline of Bedford Street to the northerly side- line of the Boston & Maine Railroad right-of-way; thence by said sideline of the Boston and Maine Railroad northwesterly to the point of beginning. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue extending 200 feet northerly along the westerly sideline of Waltham Street and 200 feet westerly along the northerly sideline of Concord Avenue from the intersection of said lines; thence back at right angles t9 each said street until the lines intersect. 23.7 CG - General business districts include the CG Districts land described as follows: Description 23.71 A district on the southwesterly side of Massachusetts Avenue extending from the Arlington line west- erly to a point 100 feet beyond the westerly line of Sylvia Street and a depth throughout of 100 feet from said south- westerly line of Massachusetts Avenue. 23.72 A district on the easterly side of Massachusetts Avenue beginning at the intersection of the easterly line of Massachusetts Avenue with the more southerly line of Curve Street; thence easterly along said southerly line of Curve Street distant about 100 feet to a point; thence southerly by a straight line distant about 83 feet to a point; r thence westerly by a straight line distant about 100 feet to a point in the said easterly line of Massachusetts Avenue; thence northerly 80.30 feet to the point of beginning. 1 -15- 771 23.73 A district on the westerly side of Massachusetts Avenue beginning at the intersection of the ( ) westerly line of Massachusetts Avenue with the southerly line of Independence Avenue; thence southerly along said westerly I , line of Massachusetts Avenue distant 88 feet to a point; thence westerly by a straight line distant 100 feet to a point; thence northerly by a straight line distant 88 feet, fi more or less, to a point in the southerly line of Indepen- dence Avenue; thence easterly along said southerly line of Independence Avenue distant 100 feet to the point of beginning. 23.74 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- easterly line of Bedford Street and the southeasterly lot line of land now of the Middlesex & Boston Street Railway Company; thence northeasterly along said lot line and the extension of said lot line to a point in the southwesterly line of the railroad right-of-way; thence northwesterly along said southwesterly line of the railroad right-of-way to a '' 'I point in the northeasterly line of Bedford Street; thence )\11 11 ;11 southeasterly along said northeasterly line of Bedford Street ,Al to the point of beginning. 23.75 A district on the southwesterly side of Bedford Street between the railroad right-of-way and the j ' I North Lexington Brook beginning at the intersection of the ',iil southwesterly line of Bedford Street with the northeasterly line of the railroad right-of-way; thence northwesterly along said northeasterly line of the railroad right-of-way distant ' ' '" about 740 feet to a point; thence northeasterly distant about ; li'; 152 feet to a point at the center line of the North Lexington i, ,,,i Brook; thence southeasterly along the said center line of the ,111 , , North Lexington Brook about 490 feet to a point in the said 11 , I; southwesterly line of Bedford Street; thence southeasterly ,;1distant about 265 feet to the point of beginning. . I 23.76 A district at the northeasterly corner of Marrett Road and Waltham Street beginning at a point in 1 the northeasterly side of said Marrett Road, said point being the intersection of said street line with the lot line be- tween Lots 80 and 81 as shown on a plan recordpd in the 1ji1 Middlesex South District Registry of Deeds in took 274, Page lil;; 43; thence northwesterly along the northeasterly line of said ;,, Marrett Road to a point on the easterly side of said Waltham , !j Street; thence easterly along the southerly line of Grapevine ) ' I ; Avenue to its intersection with the rear lot line of Lot 78B III as shown on a plan recorded in the Middlesex South District ",I 'I Registry of Deeds, Book 365, Page 32, ; thence southeasterly 1 'li ' along the northeasterly lines of Lot 78B, 79 and 80 as shown I, ill on plans hereinabove referred to distant 177.35 feet to a : ,,1I point; thence southwesterly distant 121.71 feet to the point h I''!;' of beginning. II ; 23.77 A district at the southeasterly corner 111 of Marrett Road and Waltham Street beginning at a point in ' i1i 1'1 the easterly line of said Waltham Street, said point being the I11111;1 1,,i 011 -16- I 4 intersection of said street line with the lot line between Lots A and D as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 7185, Page 474; 4 thence northerly along the easterly line of said Waltham Street and southeasterly along the southwesterly line of said Marrett Road to its intersection with the lot line be- tween Lots 22 and 23 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 273, Page 9; thence southwesterly distant 123.24 feet to a point; thence northwesterly distant 14.20 feet to a point; thence westerly distant 104.26 feet to the point of beginning. s 23.78 A district at the southwesterly corner of Marrett Road and Waltham Street, consisting of an area 200 feet wide, running southerly from the southerly line of said Marrett Road along the westerly side of said Waltham Street distant 360.35 feet to a lot line as shown on Land Court Plan #18315A. (t 23.79 A district at the westerly corner of ( Marrett Road and Spring Street and runnin westerl alon g y githe southerly side of said Marrett Road distant 411.14 feet from the westerly terminus of a curve of 265.47 feet radius to the westerly lot line of Lot 235 as shown on a plan re- corded in Middlesex South District Registry of Deeds in Book 321, Page 5, and running southwesterly along the northwest- erly side of said Spring Street distant 85.19 feet from the southwesterly terminus of a curve of 32.60 feet radius to the southerly lot line of Lot 230C as shown on a plan recorded in said Registry of Deeds in Book 361, Page 20, and extend- ing southerly from said southerly side of Marrett Road to the southerly lot lines of Lots 230C, 230B, 230A, 231, 232, 233, 234, and 235, all of said lots being shown on said plans hereinabove referred to. 23.80 A district at the southeasterly corner of Lincoln Street and Marrett Road beginning at a point in the easterly line of Marrett Road; thence bearing to the right with a curve of 60 feet radius distant 95.61 feet to a 1 point of tangency in the southerly line of said Lincoln Street; thence N83°39'E distant 42.50 feet to a point of curvature, thence bearing to the right with a curve of 626.96 feet radius distant 74.60 feet to a point; thence southerly along a lot line distant 158 feet to a point; said lot line being described in a deed recorded in the Middlesex South I District Registry of Deeds in Book 4491, Page 161; thence eagterly along the northerly lot line of Lot 9 as shown on a I% plan recorded in the Middlesex South District Registry of Deeds in Book 4273 at the end, distant 240 feet to a point; thence along the easterly lot lines of said Lot 9 and Lot 8 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 382, Page 2, by two courses distant 157 feet to a point; thence westerly along the southerly lot line of said Lot 8 distant 330 feet to a point in the easterly line of said Marrett Road; thence N7°39'W distant 304.03 feet to the point of beginning. -17- i 23.81 A district consisting of a triangular area of land bounded on west by Fletcher Avenue distant 183.90 feet, on the south by Woburn Street distant 320.22 feet, and on the northeast by the railroad right-of-way U[ ' I! distant 317.40 feet, containing about 27,994 square feet. \\ 23.82 A district at the junction of Lowell Street and North Street as follows: On both sides of :,i Lowell Street a distance of 300 feet northerly and 300 feet southerly from the point of intersection of the center lines .i I of Lowell Street and North Street, and on both sides of North Street a distance of 250 feet northwesterly from the point of intersection of the center lines of Lowell and North `Streets, and on both sides of North Street northeasterly a distance of 200 feet from the intersection of the center lines of Lowell and North Streets and of a depth of 100 feet 1, 'I from the adjacent street lines in each instance. 1 i! , 23.83 A district on the southerly corner of : ; Lincoln Street and Marrett Road and extending southwesterly „ ! H along said Lincoln Street and southeasterly along said 1111 1H4 Marrett Road for a distance of 200 feet in each instance and for a depth of 100 feet from the adjacent street lines. l II III 23.84 Districts at the junction of, Woburn and Lowell Streets upon each of the four corners and extending 41 for a distance of 200 feet along each street from the junc- HH tion points of the side lines of each street; thence back at Pill right angles to each said street until the exterior lines "i''' intersect. HI II H1 23.85 A district on the northwesterly corner IIII of Marrett Road and Waltham Street and extending northeast- erly along said Waltham Street and northwesterly along said I Marrett Road for a distance of 200 feet in each instance and 41 for a depth of 100 feet from the adjacent street lines. Hl t ilii , IIIA 23.86 A district on the easterly side of IIIIi1 Waltham Street, adjacent to the Lexington-Waltham line, , !'I bounded and described as follows: southerly by the Lexing- ton-Waltham line, 200 feet; westerly by Waltham Street, 140 ''' j feet, more or less; northerly by land, now or formerly of I''' Leonard V. Short, 200 feet; and easterly by land, now or Iii iI I ; formerly, of said Short 140 feet, more or less. 1, I;I ; 1 IIIA 1111I i ; CB Districts 23.9 CB - central business districts include the 1 'I Description land described as follows: 'I1III 23.91 A district on the northwesterly side of /ii '1 j Massachusetts Avenue extending northeasterly from the Ailing- II III ton-Lexington town line to the northwesterly line of the IIII' private way leading to the East Lexington Depot and extending P northeasterly from Massachusetts Avenue to the railroad right- of-way. IIT I 1",11 f I, -18- 1 23.92 A district on the southwesterly side of Massachusetts Avenue extending from the northwesterly line of Waltham Street to the southeasterly line of Muzzey Street 0 and from the southwesterly line of said Massachusetts Avenue to the southwesterly lot lines of premises now numbered 73 Waltham Street and 20 Muzzey Street as shown respectively on a plan in Book 68, Page 13, and a deed in Book 6865, Page 558, at the Middlesex South District Registry of Deeds. 23.93 A district on the southwesterly side of Massachusetts Avenue beginning at the intersection of the southwesterly line of said Massachusetts Avenue with the north- westerly line of Muzzey Street; thence northwesterly along said southwesterly line of Massachusetts Avenue distant about 173 feet to a point; thence southwesterly distant 149.50 feet to a point; thence southeasterly distant 11 feet to a point, the last two described lines being shown on a plan recorded 1 in the Middlesex South Registry of Deeds in Book 6130, Page 0( 59; thence by a straight line distant about 380 feet to a point in the northeasterly line of Raymond Street; thence southeasterly distant 165 feet to the intersection of said northeasterly line of Raymond Street with the northwesterly line of Muzzey Street; thence northeasterly along said north- westerly line of Muzzey Street to the point of beginning. 23.94 A district on the northeasterly side of Massachusetts Avenue between the northeasterly line of said Massachusetts Avenue and the southwesterly side of the rail- road property and extending from the northwesterly line of Grant Street to the southeasterly line of Meriam Street. Said district shall also include adjoining land bounded as follows: Northwesterly by a part of the land described in the preceding sentence, fifty-one and 46/100 (51.46) feet; northeasterly by railroad property, twenty-four and 25/100 (24.25) feet; southeasterly by railroad property fifty and 90/100 (50.90) feet; and southwesterly by Depot Square, thirty- two and 05/100 (32.05) feet. Said district shall also further include adjoining land bounded as follows: northwesterly by t'he land described in the immediately preceding sentence, fifty and 90/100 (50.90) feet, more or less; southwesterly by Depot Square one hundred twenty-one and 76/100 (121.76) feet, more or less; southeasterly by railroad property by a line parallel to the first boundary above described fifty and 90/100 (50.90) feet, more or less; and northeasterly by railroad property by a line parallel to the second boundary above de- C, scribed one hundred twenty-one and 76/100 (121.76) feet, more or less. 23._95 A district on the southwesterly side of Bedford Street between the northwesterly lot line of premises now number 30 Bedford Street and said lot line extended and northwesterly lot line of property now or formerly owned by Custance Bros. , Inc. , and said lot line extended and for a depth of 400 feet southwesterly from the southwesterly line of said Bedford Street. -19- I Said district shall also include adjoining land bounded as follows: Easterly by land described in the pre- ( 1` ceding sentence three hundred forty-two and 93/100 (342.93) feet; southerly by land of Rayco Realty Trust sixteen and (' 37/100 (16.37) feet; westerly by land now or formerly of Whalen three hundred twenty-seven and 40/100 (327.40) feet; and northerly by Worthen Road, sixty-six and 69/100 (66.69) ,,, feet. I , 23.96 A district on the northeasterly side of Bedford Street between the northeasterly line of said Bed- ford Street and the westerly side of the railroad right-of- way, extending from the southeasterly lot line of land now or formerly owned by the Christopher S. Ryan Estate to the I , northwesterly lot line of property now or formerly owned by the Lexington Lumber Corporation. 23.97 A district on the southwesterly side of v , , Massachusetts Avenue beginning at the intersection of the 11 g g 1 IHI southwesterly line of said Massachusetts Avenue with the li l). southeasterly line of Waltham Street; thence running south- ,nJr ', easterly along said southwesterly line of Massachusetts , l Avenue distant about 800 feet to a point; thence southwest- erly along a lot line distant about 295 feet to a point; thence northwesterly along the northeasterly lot lines of IH Lots 14B, 14A, 13, 12, 19, 20, 10 and 9, said lots being 'l,'liil' shown on Land Court Plan 9469, distant about 470 feet to a I;,I1 ' point; thence northwesterly about 215 feet to a point; thence I'11 southwesterly distant about 137 feet to a point in the H, northeasterly line of Vine Brook Road; thence northwesterly il''i'I, along said northeasterly line of Vine Brook Road to the south- I I,I' easterly line of Waltham Street; thence northeasterly along flLYI said southeasterly line of said Waltham Street to the point II' II of beginning. Section 24. No land shall be used and no structure shall be 101 Permitted erected or used, except as set forth in the following Use ''- Land Uses Regulations Schedule or as exempted by Section 31 or by General Laws. I;, Symbols employed in the Use Regulations Schedule shall Bili Symbols mean the following: IiH "Yes" - permitted as of right; ;, p h "No" - prohibited; '' ' ILII "SP" - permitted only under a Special Permit for an 111II exception granted by the Board of Appeals, as provided for in Subsection 12.2 of this By-Law ' "SOS" - permitted only under a Special Permit for an exception as above, subject to the additional 1 !II site plan review requirements of Section 13 hereof. I , Specific 24.1 Where an activity might be classified under more j1II Classifica- than one of the uses listed in the Use Regulations Schedule, ,, tion lq ' 'I 4 -2U- - lu I the more specific classification shall determine permissibility; 44 if equally specific the more restrictive shall govern. i Ci 'I 4 24.2 In the following Use Regulations Schedule the Principal and uses enumerated under the captions "as a principal use" and Accessory Uses numbered 25.10 through 25.74 inclusive are the principal uses of buildings or land; the uses enumerated under the caption "as I accessory use" and numbered 25.80 to 25.92 inclusive are I ' accessory uses within the definition of Section 40 of this By- Law; the uses enumerated under the caption "as principal or accessory use" and numbered 25.94 to 25.96 inclusive, include '; all uses, whether principal or accessory. 24.3 Uses and buildings not listed in the Use Regula- III. Accessory Use tions Schedule and not prohibited as dangerous or disturbing to Principal II or detrimental (see 25.95) are permitted if accessory to a principal permitted use listed herein and conforming to all Use I other provisions of this By-Law and not in violation of any l\1 other municipal By-Law or General Laws. , 00 ;,i 24.4 Residential apartments under Paragraph 25.13 may Residential only be permitted by Special Permit under Subsection 12.2 in Apartments the same structure with one or more of uses listed in Para- graphs 25.40, 25.41, 25.42, 25.62, 25.63, 25.64, 25.65, 25.66 II of the Use Regulations Schedule and subject to the following conditions: I ! I' ; 24__ .41 2_4.41 There shall be no apartments on other Second and 1I : than the second and third floors, and no other use on the same Third Floor i floor as apartments or on any floor above such apartments. Apartments I ISI 24.42There shall be provided on the same lot I as the apartments and reserved for use by the tenants of such as apartments parking facilities equivalent to at least one park- ing space for each room designed for or used as a bedroom. ISI 24.43 There shall be provided and maintained on Landscaped the same lot as the apartments an open, landscaped area, avail- Area able and accessible to the apartment tenants, containing an [ aggregate arta not less than the gross floor area allocated to apartments, or one-fourth acre per apartment structure, which- ever is greater, provided, however, that hese conditions shall be deemed to be satisfied by the existence of public park, recreation or open space land located contiguous to such lot I JJlll or separated therefrom only by a street designated for not ((, more than two traffic lanes. I III -21- I Section 25 - USE REGULATIONS SCHEDULE Use Designation District RS As a Principal Use RS RT RM (R CH CM CO CS CN CC CB 25.10 One family dwellings Yes Yes Yes Yes Yes res Yes Yes Yes Yes Yes owi• 25.11 Two-family dwellings No Yes No No No Co No No No Yes Yes .., 25.12 Garden apartments* (each must be connected to public sanitary sewer) . . . No No SPS No No vo No No No No `o m , 25.13 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No io No No No No SP C . 25.14 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No SPS No No No No SPS SPS d 25.15 Dwelling conversion to two-family SP Yes SP SP SP SP SP SP SP Yes Yes - a *Provided that no living quarters shall be located below the mean finished grade of the ground adjoining the building, nor above the second story Religious, sectarian or denominational schools, buildings and uses, including w 25.20 parish houses and rectories; public schools, parks, playgrounds, municipal buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes ..• 25 21 Other schools SP SP SP SP SP SP SP SP SP SP SP m a 25.22 Hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged, charitable institutions, cemeteries SP SP SP Sn SP SP SP SP SP SP SP a ►°'+ Passenger stations, landing fields, telephone exchanges, radio and television w 25.23 transmitting sites; sites, buildings and uses for other public services; private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP `d 25.24 Private parks, playgrounds, clubs and recreation buildings of a non-commercial 74 a and non-profit nature, standard or par-three golf course . . . . . . . . SP SP SP SP SP SP SP SP SP SP SP N • 25.25 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No SP SP Billiard rooms, bowling alleys, dance halls, skating rinks, theaters and similar a 25'26 commercial amusement places No No No No No No No No No No SP a " 25.27 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP 25.30 Commercial raising, boarding, breeding or keeping of fur-bearing animals . . SP SP SP SP SP SP SP SP SP SP SP N 25.31 Greenhouses, including conservatories SP SP SP SP SP SP SP SP SP SP SP u 0▪• 25'32 Other farms, including truck gardens and nurseries, but only tools,equipment and vehicles incidental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25.33 Roadside stands (for two-year terms) . . . . . . . . . . . .. . . . SP SP SP SP SP SP SP SP SP Yes Yes 25.34 Seasonal sale of Christmas trees and wreaths SP 3P SP SP SP SP SP Yes SP Yes Yes 25.40 Physicians, dentists, opticians, real estate brokers Vo Vo No SPS SPS SPS SPS No Yes Yes Yes a ..1; 25.41 Offices of salesmen, agents and representatives of manufacturing, distributing, ,., insurance and wholesale companies Vo to No SPS SPS SPS SPS No No Yes Yes w 46 25.42 Administrative, executive, professional and similar offices Vo 4o No SPS SPS SPS SPS No No Yes Yes y 25 50 Retail gasoline, oil and lubrication stations and places of business for the sale and installation of tires and other automobile accessories, maintenance and minor repairs of motor vehicles go go No No No Co No No SP* SP SP g25.51 Gasoline service stations incidental to a permitted automotive repair shop . do Vo No No No So No SP No SP SP *Where in the opinion of the Board of Appeals a clearly established need will be served thereby, and subject to such conditions, restrictions and safe- guards as the Board of Appeals may impose to protect the character of neighbor- hood and to reduce interference with the safe and convenient flow of traffic. Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District O As a Principal Use RS RT RM CR CH CM CO CS CN CG CB 25 52 Parking of motor vehicles (not accessory to a permitted use on the same lot) No No io No No No No No No SP SP d 25.53 Major mechanical repairs, auto body repairs No No no No No No No SP No SP SP Storage, retail sales and rental of automobiles, aircraft, marine craft, farm ..r 25.54 and other heavy machinery and vehicles, including the accessories thereof com- o mercial car wash establishments, if not detrimental to neighboring areas, par- e ticularly with regard to safe and convenient flow of traffic No No '7o No No No No SP No SP SP 25 55 Automobile graveyards No No '7o No No No No No No No No 25.60 Retail dealers in bottled gas, grain, animal feed, ice and milk No No 7o No No No No Yes No SP Yes 25 61 Billboards, retail liquor stores No No 7o No No No No No No No Yes Drugstores, retail stores for sale of beauty and health aids, medicines, medical supplies, food not intended for consumption on the premises, smoking supplies, 25.62 periodicals, books, stationery, toys, hardware, arts and crafts supplies: branch banks: service businesses primarily serving neighborhood needs, such as but not limited to barbers, hairdressers, beauticians, manicurists: watch, shoe o or clothing repairs No No. 7o No No No No No Yes Yes Yes W Retail stores other than above; banks; drive-in restaurants and other places ,', 25.63 for serving food, except diner or lunch cart; caterer, confectioner, decorator, ,d hand laundry, florist, photographer No No io No No No No No No Yes Yes • 25.64 Self-service automatic laundry and dry cleaning establishments, pick-up stations of cleansing, laundry and dyeing plants No No 7o No No No No No SP Yes Y® M w w 25.65 Radio, television and electrical appliance repairs No No No No No No No Yes No Yes Yes P Dressmaking or tailoring establishments, including those specializing in altera- m 5 25.66 tions, furriers, milliners, printing shops, bakeries and similar shops or trades p provided that all work shall be of custom or job order type for sale on the premises and that there shall be no production for stock or for wholesale . . No No No No No No No SP No Yes Yes Sale of air conditioning, heating, refrigerating and plumbing quipment and supplies, lumber, fuel, structural and building materials and supplies:, general ro at 25.67 building, building maintenance, landscaping, electrical and similar contractors, masons, carpenters, well-drillers, blacksmiths-and locksmiths, reupholstering furniture and other similar repair services . . . . . . . . . . . . No No No No No No No Yes No SP SP 25.68 Undertakers, funeral homes No No No No No No SP No SP SP SP Diners or lunch carts; treatment, boarding and care of animals; commercial non- manufacturing uses other than those enumerated elsewhere in Use Regulations Schedule No No No No No No No No No SP iP 25.70 Light manufacturing, including bakeries without retpil sales No No No No No SPS No No No No to w Laboratories engaged in research, experimental an¢ testing activities, including a 25.71 but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine and physics No No No SPS SPS SPS No No No SP iP a P Storage and distribution of packaged articles owned by the occupant, provided w 25.72 that all storage shall be inside the walls of buildings of first or second N 0 class construction No No No No No SPS No No No SP +P Il '-' 25.73 Removal of earth materials SP SP SP SP SP SP SP SP SP SP ;P 1111 Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District As a Principal Uses RT RM CR CH CM CO CS CN CG CB 25 74 Production of articles wholly or in substantial part from materials excavated or grown on premises (for yearly terms) . • . . . . . SP SP SP SP SP SP SP SP SP SP SP As Accessory Use Only (see definition) Taking not more than four boarders or letting or renting of rooms without cook- ing facilities to not more than four persons, or both, in an existing dwelling by a family resident therein,* home occupation (see definition) in any existing 25.80 dwelling; accessory signs subject to Sections 34 and 35 hereof and the Town Sign By-Law garage space for parking not more than three automobiles, one of which may be a commercial vehicle if owned or used by a person resident in the dwell- ing to which the garage is accessory; outdoor parking of non-commercial vehicles ** swimming pools, provided that any such pool which meets the defini- tion of a structure shall be subject to previsions of Section 27 of this By-Law Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25 81 Use of a portion of a dwelling as an office by a physician, dentist or other professional person residing in the dwelling incidental to such residence . . SP SP SP SP SP SP SP SP SP Yes Yea 25.82 Buildings normally accessory to garden apartments . . . . . . . . No No Yea No No No No No No No No 25 83 Incidental sale at retail of parts or components necessary for the maintenance of articles stored and distributed No No No No No Yes No Yes No Yes Yes Retail uses such as cafeterias, soda or dairy bars, wholly within the same 25.84 building as the principal permitted use, conducted primarily for the convenience of employees and with no exterior advertising display . . . . . No No No SPS+ SPS SPS SPS No No Yes Yea w Retail uses in support of a hotel or motor hotel, such as dining halls, restau- i w 25.85 rants, cafeterias, soda or dairy bars, and shops wholly within the hotel or motor hotel building and with accessory signs as permitted under the Sign By-Law No No No SPE No No No No No SP SP 2 25.86 Delicatessens, lunch counters and soda fountains incidental to the permitted business of a drugstore No No No No No No No No SP Yee Yes a 25 87 Wolesale of commodities accessory to the permitted retail sale of such commodities in the district . . . . . . . No No No No No No No SP No SP SP Outdoor storage of supplies and equipment incidental to permitted uses, subject 25 88 to appropriate requirements for location, lighting, screening, fencing', cover, and safety precautions No No No SPS SPS No SPS SP No SP SP 25 89 Outdoor overnight parking of freight-carrying or material-handling vehicles and equipment No No No SPS SPS SPS No SP No Yes Yes Manufacturing, processing or storing goods and materials as a part of and re- 25 90 lated solely to research, experimental and testing activities; maintenance shops, power plants, keeping of animals, antennae and machine shops and similar operations to support permitted uses No No No SPS SPS SPS No No No No No 25 91 Garage apace larger than permitted under 25.80 above . No No No Yes Yes Yes Yee Yes Yes Yes Yes 25.92 Outdoor parking of commercial vehicles** No No No Yes Yes Yes Yes Yes Yes Yes Yes * No dwelling may be erected for the purpose of taking boarders or letting or renting of rooms without a Special Permit by the Board of Appeals ** Outdoor parking is subject to provisions of Sections 31 and 32 __ = Vii: Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District ' RO RT RM CR CH CM CO CS CN CG CB As Principal or Accessory Use RS w 25.94 Temporary structures and uses not conforming to this By-Law subject to condi- tions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP a Any building or use not expressly permitted by this By-Law and not accessory to such permitted building or use; any structure or use, whether or not otherwise permitted or accessory to a permitted building or use, which may be disturbing 25.95 or detrimental to the health, safety or welfare of persons working or living in the neighborhood by reason of special danger of fire or explosion, pollution of water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust .n or glare, excessively bright or flashing lights, electromapnetic radiation, offensive noise, or vibration No No No No No No No No No No No 25.96 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No N II Compliance SECTION 26. Any building hereafter erected in any district shall with be located on a lot such that all of the minimum requirements set ()) Schedule of forth in the following Schedule of Dimensional Controls are con- (0 Dimensional formed with, except where specifically exempted by this By-Law or Controls by General Laws. No Reduction 26.1 No lot upon which there is a building or for which of Lot Size a building permit is in force shall be subdivided or otherwise changed in size or shape, except through public acquisition, so as to result in violation of the requirements set forth below, and a lot already non-conforming shall not be changed in size or shape so as to increase the degree of non-conformity or of non-compliance with the requirements of this By-Law. Civil 26.2 The construction of a fallout or blast shelter of a Defense design approved by the local direction of Civil Defense or his II Shelters representative shall not be deemed to be in violation of the yard regulations provided such shelter is completely below the finished1 { ; ,.i grade of the adjoining land prior to and after such construction ' r 11/ and is covered by earth to a depth of not less than two feet, ex- )4- ' 1 cept that an entrance or exit way may be substantially flush with ' '''f`i HI' the ground and a ventilating pipe and cover may protrude above the o ground if they are of no greater size and height than is reason- 1,1 ably required for the purpose. li'l l l I' I 26.3 Uses and buildings permitted in the RO, RS or RT ILII R0, RS, RT districts shall, when located in a CR, CH, CO, CS, CG or CB dis- .,I; i Uses the in trict, be regulated by the dimensional controls of an RS district li I Other if located within the area described in Section 22.2, and other- Districts wise by the dimensional controls of an RO district. All uses AIwise in CM or CN districts are regulated by the dimensional controls of the district in which they are located. le 26.4 As used in the Schedule of Dimensional Controls the III, Symbols symbol "NR" means no requirements, "s.f." means square feet, and AH "ft.'' means linear feet. I'll 11 X Lesser 26.5 Lesser requirements than those of Section 27 apply , , l .i Requirements to certain lots. These are as follows: Ii" j Exemption 26.51 In RO, RS and RT districts the following ; lots, if used for a dwelling or other building permitted in such Ilil' for Certain districts, are exempted from the area, frontage and side yard i;ll, Lots provisions of Section 27. Anymay enlargedby such lot be combin- ';,Il!i ing it with an adjoining lot or lots, or fractions thereof, in the R 'I'jil,II ' Lots may be same ownership. Such enlarged lot shall not be subject to LII: Combined greater requirements as to area, frontage, front or rear yards by reason of such enlargement, but the required side yards shall be 1Il based on the total frontage of the enlarged lot. i!. i I, n 'I -26- vw in HI 1 11 Lots laid out and recorded Area at Frontage r;( by o n or deed least at least 1 ! ( ' Prior to March 17, 1924 Any Any Exemption On or after March 17, 1924 for 11 and prior to March 18, 1929 5,000 sq.ft. 50 ft. Pre- viously Re- ccorded Lots On or after March 18, 1929 i and prior to August 8, 1938 7,500 sq.ft. 75 ft. On or after August 8, 1939 and prior to December 4, 1950 12,500 sq.ft. 100 ft. On or after December 4, 1950 and prior to December 1, 1953 IH , and located in RO districts 15,500 sq.ft. 125 ft. , The following shall apply to the above lots: d frt IitIf actual lot frontage is: Side yard must be r(` 100 ft. or more Not less than 15 ft. Minimum Side Yard for More than 75 ft. but less than 100 ft. Not less than 12 ft. Exempt Lots h More than 50 ft. but not more than 75 ft. Not less than 10 ft. 50 ft. or less Not less than 7.5 ft. ,I 26.52 Certain tracts may be subdivided using the Exemption ill provisions of Section 33 which permit reduction of certain re- Permitted quirements of Section 27. in Sec. 33 26.53 In CN districts any lot which on February Exemption for III 21, 1965, was in ownership separate from that of adjoining land Lots of Record located in the same district shall be deemed to satisfy the in CN Dim- H requirements of this By-Lay for area and frontage in CN districts. tricts it 26.54In CM districts in particular instances, the Exemption for Board of Appeals may permit a principal building to be erected on Lots of a lot having less area or frontage, or both, than the minimum re- Record in CM quirements specified in Section 27, if at the time of the adoption Districts of said minimum requirements such lot was lawfully laid out and k recorded by plan or deed and did not adjoin other land of the same I ' owner available for use in connection with such lot, provided 11i that the Board determines that such permission can be granted II without substantial derogation from the intent and purpose of this h« By-Law. A lot resulting from a taking by eminent domain after the adoption of said minimum requirements shall be deemed for the pur- II poses of this :.L.varagraph to have been lawfully laid out and re- corded by plan or deed at the time of such adoption, if the larger lot of which it was a part before such taking was so laid out and recorded. In granting such permission, the Board may permit front, H side or rear yards of less than the minimum yard requirements I' specified in. Section 27. iii;l 26.55 Where more than one half of the lot frontage 1', is on a circular turn-around or on a curve of less than 100 ft. 111 -27- II;I, Reduction of radius, frontage may be reduced to not less than 60 per centum of the distance otherwise required, provided that the distance be- 1 , Curvesge on tween lot boundaries measured in a line parallel to the street i j line and at a distance therefrom equal to the required front yard ' shall be not less than the frontage otherwise required and further provided that such distance at front yard depth shall be dimen- sioned on a plan approved or endorsed by the Planning Board. Exceptions 26.56 The limitations of height in feet shall not to Height apply to chimneys, ventilators, skylights, tanks, bulkheads, Limitations penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other I ; bhildings provided such features are in no way used for living I , purposes and further provided that no such structural features shall exceed a height of sixty-five feet from the ground except I1 with permission from the Board of Appeals. II Frontage on 26.57. In CR and CH districts where a lot abuts on a C li' 1j g dead-end turn-around part of a street and abuts also on suchT ,,II inrCRaandndstreet before the turn-around, the 300 feet may be measured in 11 in CR and art alon the side line of the street before the turn-around and ,) IIIGH p g in part along a projection of the course of such side line through ' and beyond the turn-around, provided however that the lot shall 'HI have a frontage of not less than 60 feet on the street, including , , such turn-around. ; ,; 1 26.6 When a lot in one ownership is situated in part in the Lots Partly Win Lexington Town of Lexington and in part in an adjacent town or city, the 'I , provisions of this By-Law shall be applied to that portion of the in 14' lot located in the Town of Lexington in the same manner as if the I,'I , entire lot were situated in Lexington. U. III II I,ji;I Hr 'Ihl I ' 1 . I:1, I'II' I'Ii, I II,II!,I I A'1, III;. I,. lilt I 1 iIr i SECTION_27 - Schedule of Dimensional Controls District RO RS & RT RM I CR I CH I CM I CO I CS I CN I CG I CB Uses Permitted in RS and RT Districts Shall Conform to the Provisions of Subsectj.on 26.3 Minimum Lot Area 30,000 s.f. 15,500 ssf. note (a) 5 acres 5 acres 3 acres 60,000 s.f. 60,000 sf. 15,500 s.f NR NR Minimum Lot Frontage 150 ft. 125 ft. 200 ft. 300 ft. 300 ft. 200 ft. 175 ft. 175 ft. 125 ft. NR NR Minimum Front Yard (b) 30 ft.(c) 30 ft.(c) 40 ft. 100 ft. 100 ft(1) 75 ft. 50 ft. 40 ft. 30 ft. 20 ft. NR (d) Minimum Side Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft 20 ft. NR NR Minimum Rear Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft. 20 ft. 20 ft. 10 ft. Minimum Yard Adjacent to R0, RS, RT, RM District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 75 ft. 50 ft. 40 ft. 20 ft. 20 ft.(f) 20 ft.(f) Minimum Yard Adjacent to Other District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR i Minimum % Open Area 85% (g) 85% (g) 75% 75% 75% 66.7% 75% 75% note (h) NR NR Maximum height Stories 3 3 3 3 3 3 3 3 3 3 3 1 Schools,Hospitals w Public Buildings Feet 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft 45 ft. 1 Maximum height Stories 2-1/2 2-1/2 2-1/2 3 3 3 2 2-1/2 2-1/2 2-1/2 3 Other Buildings Feet 40 ft. 40 ft. 40 ft. 45 ft. 45 ft. 45 ft. 40 ft. 40 ft. 40 ft. 40 ft 45 ft. Minimum Between Buildings NR NR 30 ft.(i) 30 ft.(i) 30 ft.(i) 30,ft.(i) 30 ft.(i) 20 ft. 20 ft. NR NR 1 i a. 3,000 sq.ft. lot area per dwelling unit containing one room used for sleeping: 3,500 sq.ft. lot area per unit with two such rooms: 4.000 sq.ft. lot area per unit with three or more such rooms. b. Where lawfully adopted building lines require yards in excess of these requirements. the building line shall govern. • c. Except 20 ft. yard on other than frontage street: for uses permitted on Special Permit, a yard of at least 30 ft. on each abutting street, and if lot exceeds 1 acre a yard of at least 40 feet on each abutting street, and if lot exceeds 5 acres a yard of at least 50 feet on each abutting street. d. Except 10 ft. yard on Muzzey St. or on Bedford St. for lgts abutting these streets. e. Except for uses permitted on Special Permit, increase the required side yard to 20 feet plus 1 foot for every 1/2 acre (or frac- tion thereof) over 1/2 acre lot area. f. Only if lot abuts or is within 10 ft. of the district boundary. The 10 ft nearest such boundary shall be unpaved and ma, contain only grass, plants, shrubs, trees and fences, and shall not be used for parking, driveways or outdoor storage. g. Applicable only to uses permitted on Special Permit. h. Combined floor area of all principal and accessory structures shall not exceed 3,000 sq.ft. t. Buildings shall be surrounded by fire lanes (see definition). j. Except 200 ft. yard on Bedford Street for land abutting Bedford St. north of Rte 128. ' PART 3. GENERAL REGULATIONS 1 - Section 30. Non-conforming uses ( '' - May be 30.1 Any building lawfully existing and any use lawfully being made of land or buildings which does not conform to this Continued By-Law as adopted or as amended may be continued to the same degree and for the same purpose. 30.2 Any such building may be repaired or structurally Ih May be altered, but no such building if destroyed or damaged to the ex- Repaired tent of 75% of its reproduction cost at the time of said damage, as determined by the Building Inspector, shall be rebuilt or re- 1 ,1 paired except with a special permit granted by the Board of li' ( Appeals under the provisions of Subsection 12.2 of this By-Law. 111 11,1 No Expansion 0). No building or use lawfully existing as a non-con- bbl Except with forming building or use shall be extended or enlarged except with \(1., Special Permit a special permit granted under the provisions of Subsection 12.2 , ;)1 ' of the By-Law. >> 0 Y 111 30.4 If land or buildings lawfully being put to a non- No Reversion conforming use are changed to a use permitted in a district where- I111 to Non-con- in such lands or buildings are situated, they shall not be changed ! forming Use back to any non-conforming use. The non-conforming use of land or I'I,i buildings may be changed with a Special Permit from the Board of Change of Non- Appeals to another non-conforming use which in the opinion of the j1;;, conforming Uses Board of Appeals is no more objectionable to the neighborhood. ' i " 30.5 If there be non-use of any lawful non-conforming use Abandonment of of land or buildings for a period of twenty-four consecutive it Non-conform- months, such non-conforming use shall be regarded as abandoned ., ing Use and shall not be resumed. Section 31. Parking and Loading Regulations IU'II1 31.1 Not less than the required parking and loading space 01 Required Park- indicated by Subsection 32.1 of the following Schedule of Parking IIing and Load- and Loading Regulations shall be provided to service all new build- ing ings, additions to old buildings, or new use of existing buildings jl ,, Facilities, or premises. Loading areas shall not be considered as part of the ,1ll. parking area. r,l ISI ';1 Location of 31.11 Such required parking shall be located on the / Il'^ :, Required same lot as the activity it serves and shall have free and unim- ,I;,; iParking peded access to a street over unobstructed passageways or driveways. I ! I 31.12 The Board of Appeals may grant a Special i,, Temporary Permit for an exception to the requirements of Subsection 32.1 in Reduction by any case where the Board of Appeals determines that the complete I "i'"I ' Special Permit development of the required parking area is not currently neces- I; sary; such special permit to allow reduction of the developed park- ' .'1 ing area to not less than half that otherwise required, and to be II I, for a period not to exceed two years. 31.13 Required parking and loading areas shall have I;; I adequate provisions for access, turning and exit without endanger- -30- I 1 in or inconveniencingthe users gof such areas or the traffic in the streets adjacent thereto. The number of driveway openings Egress in (j 1 shall not be greater than reasonably necessary. Egress shall not CM District require backing into the street. In the CM district, driveway width shall not exceed 25 feet, and the entrance of all driveways to a street shall be subject to approval in writing by the Plan- ning Board. 31.2 All parking -and loading areas shall be subject Dimensional to the dimensional restrictions of Subsection 32.2 of the follow- ing Schedule of Parking and Loading Regulations, whether such parking or Loading be required by this By-Law or optionally pro- vided. Lo' 31.3 Symbols employed in Section 32, Schedule of Explanation of Parking and Loading Regulations, Subsections 32.1 and 32.2, Symbols Used shall mean the following: in Schedule 1I Te s.q. - square feet of Regulations (r( (' ft. - linear feet ,mit N.R. - no requirement or restriction specified 1 -31- Section 32. SCHEDULE OF PARKING AND LOADING REGULATIONS 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING 1 U S E DISTRICT REQUIRED PARKING 6 Use permitted as of right in RO, RS, or RT district Any No requirement 1= l Use permitted on Special Permit in RO, or RS or RT district (Subsection 12.2) . . Any Reasonably sufficient 11 Use other than the above . . . . . . CR,CM,CS Reasonably sufficient " if " CO 1 parking space per 100 s.f. floor area or fraction " " " It " CN 1 parking space per 200 s.f. floor area or fraction 17 CG 1 parking space per 150 s.f. floor area or fraction i w N 1 . ' " " " " " CB No requirement Garden apartments RM 1 parking space per dwelling unit Hotels, motels, motor hotels . . . CH 1 parking space per guest room plus reasonable provision for persons dining or attending functions i ° in the building Hi Other than all above . . . . . . . CH Reasonably sufficient REQUIRED LOADING FACILITIES 1- Any permitted use . . . . . . , . CR,CH,CM' Reasonably sufficient CO, CS' Any permitted use . . . . . . . RO,RS,RT,RM No requirement CN,CG,CB 401440 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING DISTRICT RESTRICTION RT,RM CR,CH CM CO CS CN CG CB t Parking or loading shall be located not less than these distances from: RO, RS, RT or RM District Boundary . . . N.R. 50 ft. 50 ft. 25 ft.a 40 ft. 20 ft. 10 ft 10 ft. Other District Boundary . . . N.R. 50 ft. N.R. 25 ft.a N.R. N.R. N.R. N.R. Street line . . . N.R. 50 ft. 50 ft. 25 ft.a 20 ft. 10 ft. N.R. N.R. Lot line other than above . . . N.R. 25 ft. 25 ft. N.R. N.R, N.R. N.A. N,I, But in no event shall parking occupy more than 1 w these percentages of a required front yard: t Uses allowed in RO, RS or RT Dis- tricts on Special Permit (Subsection 12.2) . 0% 0% 0% OZ 0% 0% OX OX Other Uses . N.R. 25%b 25% 50Xb 50Xb N.R. 0% 0% And in no event shall parking occupy more than these percentages of a required side or rear yard: Uses allowed in RO, RS or RT Die- tricts on Special Permit (Subsection 12.2) . 0% 0% 0% 0% 0% 0% 0% 0% Other Uses , N.R. N.R. 0% N.R. c OX N.R. N.R. a. 50 feet for loading facilities b. Including walks and drive c. Not more than 302 of lot &taa may be occupied by parking and outdoor storage 717, Planned Unit SECTION 33. The Board of Appeals may grant a special permit for Development any tract of land of ten (10) acres or more to be subdivided as a planned unit development, subject to the requirements and condi- dons described below. 33.1, The general objectives of planned unit developments General are to encourage: , Objectives 33.11 Preservation of open space for conservation, I outdoor recreation or park purposes I 11 33.12 Better utilization of natural features of the 11 land through a greater flexibility of design 33.13 More efficient provision of municipal services. 33.2 The number of building lots in any tract of land for I, Number of which a special permit is issued shall not exceed such number of li ' ,; Building Lots lots usable for building and conforming to the area and frontage Permitted "» i11requirements specified for RO district in Section 27 hereof, as ' tik" LI, ' could be contained in 85 per cent of the area of the tract to be `' I,'i IIS subdivided. Portion to Re- 33.3 At least 25 per cent of the total area of such tract ' shall remain unsubdivided, and, except as provided below, unbuilt main Unsubdi- 11 ' i upon, and shall be used for conservation, outdoor recreation or II j vided park purposes. I, ,' i ' Sizes and 33.31 Such unsubdivided land may be in one or more { '' Shapes of Un- parcels of a size and shape appropriate for its intended use as ' ' determined by the Board of Appeals after consideration of the , jsubdivided Land Hi recommendations bf the Planning Board. ; 'II', Ownership of 33.32 Such unsubdivided land shall be conveyed to ;iI ,' and accepted by the Town of Lexington or to all homeowners within Unsubdivided Land such `tract jointly or to a trust the beneficiaries of which shall i'1 '!! be the homeowners within such tract. Such trust shall have as one 1 ,ili'' I of its purposes the maintenance of such land for conservation, I ' II 'i recreation or park purposes. The future ownership of such unsub- IIII divided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special li jIpermit. land is conveyed to, , 33.33 When such unsubdivided Perpetual Easements persons other than the Town of Lexington, the Town shall be granted11 !,,','I,; an easement over such land sufficient to ensure its perpetual maintenance as conservation, recreation or park land. WIAccess to Un- 33.34 Access at least 40 feet wide shall be provided subdivided to each parcel of such unsubdivided land from one or more streets I, I Land in the subdivision. , IiII Paving and 33.35 A maximum of 20 per cent of such open land may ' 1l l Structures on be devoted to paved areas and structures used for or accessory to I 'il ,i Unsubdivided ., , active outdoor recreation, and consistent with the open space uses 'HH Land of such land. I -34- ,I III' II'iI I 33.4 The following minimum standards shall be observed Reduced with respect to any reduction of street frontage or lot area permitted in a planned unit development: Frontage and Area Pro- 33.41 Street frontage may be reduced to not less visions than 120 feet; lot area may be reduced to not less than 20,000 square feet; 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a planned Application unit development shall be accompanied by a preliminary subdivision for Special plan, a copy bf which shall also be submitted to the Planning Permit Board. In addition to the information required by Rules and Regu- lations of the Planning Board to be shown on preiiminary subdivi- sion plans, such plan for a planned unit development shall show (/ the following: 11 33.51 Soil culture of the land, such as wooded, Soil pasture, rock outcrops or swampy. 33.52 Proposed landscaping and use of land which is Proposed to be reserved for conservation, recreation or park use, including Landscaping any proposed structures thereon. 33.6 The Planning Board shall submit in writing to the Planning Board of Appeals its report and recommendations as to said appli- Board Rec- cation for special permit, to include at least the following: commendations 33.61 Its determination as to the number of lots usable for building. 33.62 A general description of the tract in question and surrounding areas. 33.63 An evaluation of the appropriateness of the proposed development and the extent to which it accomplishes the objectives of planned unit developlpent. 33.64 Recommendations for the granting or denial of 'I the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of grant- / 1) in g thes pecial permit, 33.7 The Board of Appeals shall not take any action on a Board of petition for a permit for a planned unit development until the Appeals Planning Board shall have submitted its written recommendations to Action the Board of Appeals or 45 days shall have elapsed from the date of submission of the preliminary subdivision plan and application for a special permit. In determining whether to grant a special permit for a proposed planned unit development which meets the minimum standards stated herein, the Board of Appeals shall consider: -35- i I r 33.71 The report and recommendations of the Plan- ning Board. 33.72 The general objectives of planned unit devel- opment. 0)1 33.73 The existing and probable future development of surrounding areas. 33.74 The appropriateness of the proposed develop- i ment in relation to topography, soils and other characteristics of the tract in question. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. jli Compliance 33.8 Nothing contained herein shall in any way exempt With Other a proposed subdivision from compliance with the Rules and Regula- Rules and tions of the Planning Board, nor shall it in any way affect the Regulations right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a sub- division plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. Additional 33.9 The Planning Board shall not recommend and the Board : Conditions of Appeals shall not grant a special permit for the subdivision of for Special land into lots having the reduced area and frontage, as provided for in this subsection, if it appears that because of soil, drain- +j Permit age, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or inconsistent Ijll ' ' with the purposes of planned unit development. In granting a special permit, the Board of Appeals shall impose such additional conditions and safeguards as public safety, welfare and conven- ' ; ience may require, either as recommended by the Planning Board or I , I upon its own initiative. Subsequent 33.10 Subsequent to a special permit granted by the Board ill of Appeals under the provisions of this Section 33, and the LI Revision of II Side and Rear approval of a definitive plan of a subdivision by the Planning ipl' I Board, the location of side and rear lines of lots in such subdi- Lines 1 ! Allowed vision may be revised from time to time in accordance with appli- cable laws, by-laws and regulations. Any change in the number of Other Subse- lots, the lines of streets, the reserved open space, its ownership quent Revi- or use, or any other conditions stated in the original special sions Require permit shall require a new special permit issued in accordance with New Special the provisions of this By-Law. 1 1'I; Permit Section 34. No sign shall be erected in any district except in Sign conformity with both this By-Law and the Lexington Sign By-Law. Regulations Certain signs are prohibited in the Use Regulation Schedule, Sec- l !' tion 25 of this By-Law, as noted at the use they pertain to. '11 Further regulation of signs is contained in the Sign By-Law. Further regulation of signs in RO, RS and RT districts is contained in Section 35 of this By-Law. 111 ' i -36- II,I tll II Section 35. Accessory signs permitted as of right in RO, RS Accessory (It t and RT districts: Signs ((°, 35.1 For each family living in a dwelling: not more Residence than two signs, neither of which has sign area of more than one Identifica- square foot, bearing the name of the family or designation of tion the dwelling or both. 35.2 For permitted uses other than single or two-family Permitted Use dwellings, taking of boarders, earth removal, or home occupa- Identifica- tions one sign not exceeding twelve square feet in area. 4tion 35.3 Real estate signs not over six square feet in Real Estate total area advertising the sale or rental of the premises on Signs which they are located. 35.4 Real estate signs not more than fifty square feet Real Estate in total area and not more than ten feet in any dimension erected Signs for and maintained on subdivisions of land as defined in General Laws, 11,1 ), Chapter 41, Section 81 K, to advertise solely the selling of land Subdivisions or buildings in said subdivisions, but not more than one such sign shall face the same street. Accessory 35.5 Accessory signs allowed in RO, RS and RT districts Signs on on special permit from the Board of Appeals: Special Permit 35.51 More or larger signs for the uses indi- More or Larger cated in Subsection 35.2. Signs 35.52 For lawfully non-conforming business of More or Larger Com- commercial uses, more or larger signs than allowed in Section 35. Signs - mercial Signs -37- I II I PART 4 - DEFINITIONS SWUM 40. For the purpose of this By-Law the following words Definitions and terms used herein are hereby defined or the meaning thereof " explained or limited: General The word "shall" is mandatory, the word "may" is permissive. Definitions The present tense includes the future tense, the singular number includes the plural and the plural includes the singular. Accessory Use ACCESSORY USE OR BUILDING: Use or building customarily incident or Building to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood. Billboard BILLBOARD: Any sign not an accessory sign, regardless of size. Building BUILDING HEIGHT: The vertical distance measured from the mean ' Height finished grade of the ground adjoining the building to the highest point of the roof for flat roofs, to the deck line of mansard „ roofs, and to the mean height between eaves and ridge, for gable, j hip and gambrel roofs. ABuilding BUILDING: A combination of materials having a roof and forming a [0, , shelter for persons, animals or property. The word "building" shall be construed, where the context allows, as though followed by words "or structure or part or parts thereof." ,'I Diner or DINER OR LUNCH CART: A restaurant designed to externally resemble I , . Lunch Cart a railroad dining car. II I,;,,IDRIVE#-IN RESTAURANT:, Any premises used for sale, dispensing or Drive-in Restaurant serving of food, refreshments, or beverages in automobiles,I !i in- cluding those establishments where customers may serve themselves 1l 'Ii and may consume the food, refreshments, or beverages on the „1',1:Ii premises. DWELLING CONVERSION: Alteration of a one family dwelling to accom- ' I Dwelling modate two families, executed such that: HI Conversion ''j, a. The appearance and character of a one-family dwelling lilll, is preserved. b. The gross habitable floor area for each family in such ' I dwelling is at least 700 square feet. I' f;i ,, c. No major exterior structural changes are made, except such as may be required for safety by the Lexington ''' I Building By-Law or General Laws of the Commonwealth. II III I d. Stairways leading to the second or any higher floor are q . I'!'1 enclosed within the exterior walls of the building. 6)) ,1 I Dwelling - DWELLING, ONE FAMILY: A detached residential building intended One Family and designed to be occupied exclusively by a single family. jI , Dwelling Unit DWELLING UNIT: Living quarters for a single family ' ' I Dwelling - DWELLING, TWO FAMILY: A detached residential building intended II'i II, Two Family and designed to be occupied exclusively by two families. , ;'! I ERECTED: The word "erected" shall include the words "built," "con- 'Ii Erected strutted," "reconstructed," "altered," "enlarged," and "moved." ' ' Family FAMILY: Any number of individuals living and cooking together in a , , single housekeeping unit. 11 I 1 , -38- li FIRE LANE: An open space in which no automotive vehicles may be parked and in which no building or structure may be erected Fire Lane without written permission from the Head of the Lexington Fire Department, except that buildings may be interconnected by corri- dor or walkways, if provision is made for access by fire apparatus to all outside walls. The open space shall be between a building and a line parallel toand fifteen feet equidistant from a building. FLOOR AREA: The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot Floor Area measured from the exterior faces of walls enclosing each building, exclusive of liarages, cellar, basement and attic areas used only for storage or for services incidental to the operation or mainte- nance of such building or buildings. FRONTAGE, LOT: A continuous portion of the boundary between a Frontage lot and an abutting street between lot lines or, in the case of a Lot corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot front- age shall not include jogs in street width, back-up strips and ii , other irregularities in street line, and, in the case of a corner lot may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. FRONTAGE STREET: A street which provides the required lot front- Frontage age for a building. When a lot is bounded by more than one Street street, any one of them, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement. GARDEN APARTMENT: Residence for eight or more families, with at Garden least two detached ,or semi-detached buildings, each containing Apartment not fewer than four nor more than ten dwelling units. GOLF COURSE, STANDARD OR PAR THREE: Course, including customary Golf Course, accessory buildings, where tee to hole distance averages not less Standard or than 80 yards. Par Three HALF STORY: See "Story, Half" _ HOME OCCUPATION: Certain occupations engaged in within an exist- 1 e ing dwelling or a building accessory thereto by a resident thereof, Occupation provided that there shall be no sign, advertising device, exterior storage, or other exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or professional skills in the fields of music, dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for compensation, in such skills; and also the perform- ance of custom work of a domestic nature, such as dressmaking, millinery, and clothes washing provided that equipment utilized is such as is customarily incidental to residential occupancy. -39- m; HOTEL, MOTOR HOTEL OR MOTEL: A building or several buildings Hotel, Motor containing 15 or more sleeping rooms for resident or transient Hotel, or guests with a provision for serving food in a public dining room, r Motel but no cooking in rooms occupied by guests and no living quarters ' below the mean finished grade of the ground adjoining each building. Junkyard JUNKYARD: Without limiting the generality of Paragraph 25.96, 11 the following shall be deemed to be junkyard uses: outdoor storage of two or more unregistered automobiles, except where expressly authorized in a special permit issued by the Board of Appeals for an automobile sales or repair business, or an accumulation in the open of discarded items not used or intended to be used by the occupant of the property. Light LIGHT MANUFACTURING: Fabrication, processing, or assembly employ- Manufacturing ing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, and free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, ,i4 I, refuse matter, electromagnetic radiation, heat or vibration. '` 'N (i1,1 Lot LOT: An area of land in one ownership with definite boundaries 1s1 ;d' ascertainable by recorded deed or plan and used or set aside and " available for use as the site of one or more buildings or for any other definite purpose. li Lot Area LOT AREA: Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other street lines I' ll which, if extended, would intersect, the area may be computed as if such boundary lines were so extended. ' ''I Lot, Corner LOT, CORNER: A lot bounded by more than one street which has an lii! interior angle of 135 degrees or less formed by the tangents or 0 straight segments of street lines between the side or rear lines i' of such lot or by an extension of such street lines. A lot j,''i', bounded by one street shall be considered a corner lot when the I'',, , tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior !'''' I angle of 105 degrees or less. I ,i I , LOT FRONTAGE: See ''Frontage, Lot". II 11 MOTOR HOTEL OR MOTEL: Same as "hotel". Municipal MUNICIPAL: The word "municipal" means the Town of Lexington. lily Non-conforming NON-CONFORMING USE OR BUILDING: A lawfully existing use or build- j Use or ing which does not conform to the regulations for the district in 11 ,, Building which such use or building exists. Open Area, OPEN AREA, PERCENTAGE; That percentage of the lot area which is II iId Percentage not occupied by any structure. 1 111 Parking PARKING SPACE: An area in a building or on a lot available for +.'I Space parking one motor vehicle-, _baying a width of not less than 10 feet ! and an area of not less than 200 square feet, exclusive of passage- ways and driveways appurtenant thereto, and with free and unimpeded l 11 -40- 11 m access to a street over unobstructed passageways or driveways. PLANNED UNIT DEVELOPMENT: A subdivision of land for one family Planned Unit Ir dwellings on lots having reduced area or frontage or both, subject Development to a special permit issued in accordance with the provisions of Section 33. PUBLIC: The word "public" means the Town of Lexington, Common- Public wealth of Massachusetts, United States Government or an agency thereof. REAR LINE OF A LOT: A line separating a lot from other lots or Rear Line from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street. of a Lot Where because `of irregular lot shape, the building inspector and the lot owner cannot agree as to whether a lot line is a side or a rear line, it shall be considered a rear line. RECORDED: The due recording in the Middlesex County South Dis- Recorded trict Registry of Deeds, or, as to registered land, the due filing in the Middlesex County South District Land Registration 1 Office. ) 1 ) 1 ROADSIDE STAND: Premises for sale of edible farm products, flowers, fireplace wood, preserves and similar products, not leas than half of which (measured by dollar volume of annual sales) have been produced or grown within Lexington on land owned by the owner of the stand; no goods except plants, flowers and fireplace wood shall be stored or offered for sale outdoors. SANITARY SEWER: A public sanitary sewer of the Town of Lexington. Sanitary Sewer SIDE LINE OF A LOT: A line separating a lot from other lots or Side Line from land in different ownership, other than a street line or a of a Lot rear lot line. SIGN: Any device designed to inform, direct or attract attention Sign of persons not on the premises on which the sign is located, pro- vided however that 'the following shall not be included in the application of the regulations of this By-Law: a. Flags and insignia of any government, except when dis- played in connection with commercial promotion b. Legal notices, identification, informational or directional signs erected or required by governmental bodies c. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights d. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter SIGN, ACCESSORY: Any sign or other advertising device which Sign, Acces- advertises, calls attention to, or indicates the person or activity occupying the premises on which the sign is erected or sory that advertises the property or some part of it for sale or lease, and which contains no other advertising matter. -41- 7 ! Sign, Non- SIGN, NON-ACCESSORY: Any billboard or sign not an accessory accessory sign. 11 Story STORY: That portion of a building contained between any floor {' and the floor or roof next above it, but not including either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy. Story, Half STORY, HALF: A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls. Street, Road STREET, ROAD, or WAY: An area of land dedicated, approved by the or Way Planning Board, or legally open for public travel under at least one of the following classifications: a. A public way duly laid out by the Town of Lexington, ,.i it the Middlesex County Commissioners, or the Common- i;)' wealth of Massachusetts, or a way which the Lexington it Town Clerk certifies is maintained by public authority l and used as a public way; or b. A way shown on a plan theretofore approved and en- dorsed in accordance with the Subdivision Control Law; or ' c. A way in existence on April 4, 1948, having, in the opinion of the Planning Board, sufficient width, suit- able grades and adequate construction to provide for the needs of vehicular traffic in relation to the pro- posed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. A public or private way as afore shall not be deemed to be a ' street" as to any lot of land that does not have rights of access to and passage over said way. ! ' Structure STRUCTURE: Anything constructed or erected, the use of which re- quires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, bill- iboards, tanks, or the like, or the parts thereof, and swimming i '') pools capable of having a depth of two feet or more at any point '' i and a surface area of more than one hundred square feet. However, I '! ' '; this definition does not include a boundary wall or fence less than ;i it six feet in height above the mean finished grade of the adjoining ,,ili ground. ,A TEMPORARY STRUCTURE: Tent, construction shanty; or similarly port- Temporary 1 ;' Structure able or demountable structure intended for continuous use for not longer than one year. ',' I Temporary TEMPORARY USE: Use, operation or occupancy of a parcel of land, ; Use building or structure for a period not to exceed one calendar year. ''"J Way WAY: see "Street, Road or Way." lira ! l! -42- th 1 — YARD: An open space on a lot unoccupied by any building or yard I/ structure or such parts thereof as covered or uncovered porches, steps, cornices, eaves and other projections; provided however that fences, freestanding walls, poles, posts, and other cus- tomary yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard, subject to height limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicu- lar or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and ,adjacent thereto. 1 1 YARD, FRONT: ,. A yard extending between lot side lines across the Yard, Front lot adjacent to each street it abuts. YARD, REAR: A yard extending between the side lines of a lot Yard, Rear adjacent to the rear line of the lot. YARD, SIDE: A yard extending along each side line of a lot be- Yard, Side tween front and rear yards. I I 1i; 'l ,r, EXPLANATION OF SYMBOLS : %•::•:: MINIMUM REQUIRED FRONT YARD ,A MINIMUM REQUIRED REAR YARD V.:::,:::::!..1 MINIMUM REQUIRED SIDE YARD MAY BE DEFINED AS EITHER L DEPTH OF FRONT, REAR OR SIDE YARD REAR OR SIDE YARD ! GREf►TER THAN THE REQUIRED MINIMUM I, y3 DEFINED AS er:::...:: :. . ••/ vy Zr/. // pin : .'•?.' CORNER LOT IF c` • "4 07 .1 '':•'::;` ;, ANGLE AT STREET e:•-, ,',;;c;fl :?;;r:.11.1!;Y; •`.••• IDS OR LESS :.': ,•.:•••..:`:, ? n `. :•:••.•:•. r : ' r::::::,,:::::...1 CORNER LOT / J.••.,.. 0 v, , v O f :.:;. ; ;.0 : i!-J:!,% :.:,WITH STREET A . ,i• ••+• ••, O " Z C-'11 Z •:.:0;:;•:•.•,',. '•;'.• ',,;;• r,`.::•--:i•.. AS FRONTAGE . • . •.!. Jy G 1 .•....••*;•.:; ,. . •.+ STREET .. . v t; 7 C.' \ c,A IVVVIZI:Vos, ,..i,,v..,... :::::;i: i;v:'..:4 el.".."4:***v.° 0 4÷ 4, •:i♦ • •::•::•i i •. ;:•:' t% : _ I. f••: .•;i5 ;: .; :;•: ••..\2,Vit.`iu / ' •``' ;:•;:''• ••: : ::•;: +:' •• .•:•: i :•:•i``: ♦`• •.•: :O.O.•.••.'.•:`1J:••::;i, .;i!:;:0•:O♦::`.•:•0;:;:•••4:•:'i .;;:';o :::yS,•:'• ir •'•6v oo- v OOT -`* :: `: :••::i:` •i i• •: • :• :• •i A.i:0::'. . ::OHO::O:•: 0:`.•o•♦ •i !i••••i••••:• • OO:•i•:•:.:i•:•:•;••:'•••::•% •p• \ 1i Q` ••' TANGENT •-•.. .• •.•••. or:.:.:.`.•.!J.!..•...:••::•..ly. ...!.!. !.!.:•.!.1.:•:•:•:•::•:!..:•.• _..'%0.' - Y v c. ,t:-o•.;, -.. ..!':.•••• — FRONTAGE OF CORNER LOT FRONTAGE :• :%.f:'••ii•;•. INCLUDED IN AREAS, ::e.: • 4....•:'.•:•.:. ,.• OF CORNER LOTS :1 :; '. ...::::.•.•..::.:.. STREET A , ;11 iiii ; '• ♦ •::• .: :• ii • :•::• :::••:•:::•••••i•i•i••i••♦'•♦• •i•••i•:•':.moi'•: •:•i::• ••i•• •.•.•• •:;•i•i••••i'•'•••••• 6 r•••• • .....i , f....:':.31.g•Z:'; . '' '\ -?,°3'1' tig***0 0) .: F- ftWs:v.z f' +' uw :-:::::• ILLUSTRATION Fff, _.:::;:};,;;;:- ::'-::::•;! RF ze .;'.:1.14.;!..,/.-.E.?..,::-.6..:11:4":„ OF YARD DEFINITIONS AND MEASUREMENTS 55 Article 10. Mrs.` Rlffin presents the Report of the Planning Board (Cont. ) and states that the Planning Board is unanimously in favor of this article. 10:13 P. M. Francis T. Worrell, Planning Board member, states that due to some typographical errors the Planning Board will offer amendments to Article 10. The following ten amendments offered by Mr. Worrell. MOTION: To designate the paragraph following the para graph 25.68 and beginning with the words "Diners or lunch carts" as 25.69. - Carried Unanimously 10:18 P. M. MOTION: To strike out the symbols in the CR and CH columns of Section 25 opposite paragraph 25.85 and to insert in place thereof the symbol "No" in the CR column and the symbol "SPS" in the CH column. Carried Unanimously 10:19 P. M. MOTION: To strike out the Minimum Lot Area and the Minimum Lot Frontage figures of 60,000 s.f. and 175 ft. respectively in the column CS of Section 27 and to insert in said column CS 15,500 s.f. as the Minimum Lot Area and 125 ft, as the Minimum Lot Frontage. 'Carried Unanimously 10:19 P. M. MOTION: To strike out- the symbol "s.q." in Subsection 31.3 of the Zoning By-Law and to insert in place thereof the symbol "s.f." _Carried Unanimously 10:20 P. M. MOTION: To substitute "or" for "of"- in the first line of paragraph 35.52 of the Zoning By-Law. Carried Unanimously 10:20 P. M. MOTION: ' T6 strike out the words "this section" in the last clause of Section 21 of the Zoning By-Law and to insert in place thereof the words "the following sections," so that said Section 21 shall read as follows: Section 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map and as hereafter described, the descriptions set forth in the following sections shall govern. Carried Unanimously 10:21 P. M. MOTION: To strike out the text of Subsection 11.2 of the Zoning By-Law and to insert in place thereof the following: Applications for building permits shall be filed with the Building Inspector on forms furnished by him, as provided in the Building By-Laws. With every such application there shall be filed a plan in duplicate of the lot upon' which said building is to be erected drawn to scale and showing the dimensions of the lot and the ' location and size of the building, if any, upon said lot and the building or buildings to be erected thereon and all streets upon which said lot abuts. Carried Unanimously 10:24 P. M. A .14 MOTION: To strike out the last Ia.ragraph of Section 2L of the Zoning By-Law beginning with the Symbol -"SOS" and to insert in place' thereof the following new paragraph: "SPS - use permitted, but the construction, reconstruction, substantial alteration of or addition to buildings for such uses shall be subject to a Special Permit as above with the additional site plan review requirements of Section 13 hereof. Carried Unanimously 10:26 P. M. 56 Article 10. MOTION: In the definition of roadside stand in Section (Cont. ) 40 to strike out the word "Premises" and to insert in place thereof the words "The land and the structures thereon, " so that said definition shall read as follows: ROADSIDE STAND: The land and the structures thereon for sale of edible farm products, flowers, fireplace wood, preserves and similar products, not less than half of which (measured by dollar volume of annual sales) hare been produced or grown within Lexington on land owned by the owner of the stand; no goods except plants, flowers and fireplace wood shall be stored or offered for sale outdoors, Carried Unanimously 10:28 P. M. MOTION: To strike out the"date "1939" in the phrase "On or after August 8, 1939 and prior to December 4, 1950" in Section 26.51 on page 27, and substitute therefor the date "1938". Carried Unanimously 10:28 P. M. Donald E. Legro, Town Counsel, moves to amend the main motion, as presented by Mrs, Riffin, by adding at the end of the motion the words "and the Zoning map referred to therein on file in the office of the Town Clerk". Carried Unanimously 10:30 P. M. Mrs. Riffin e s motion, as amended by Mr. Legro, now reads: (Approved MOTION: To amend the Zoning By-Law by striking out by Sections ^1 through 20, inclusive, thereof, as amended, Atty. Gen. , together with all zoning maps referred to therein, and July 16 , by substituting therefor Sections 10 through 40, in- 1968. ) elusive; as set forth in the Zoning By-Law attached to and incorporated by reference in Article 10 of the Warrant for this Town Meeting, and the Zoning map referred to therein on file it the office of the Town Clerk. ^ (Carried Unanimously 10:30 P. M.) Main motion, as amended, carried unanimously. 10:30 P.M. (See next page for copy of new Zoning By-Law as amended) Article 9. Presented by Robert Cataldo, MOTION: That the Selectmen be and they hereby are (Amended authorized -on behalf of the -Town to purchase, and take by eminent domain or otherwise acquire, for adopted - street, playground and recreational purposes, all or See part of land described as follows; Lot 61 of Map 47 Page 600 consisting of 20.9 acres, more or less, said map being Property Maps of the Town. of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $45,006:00. 10:32 P. M. Donald R. Grant moves for indefinite postponement. 10:33 P. M. Wilbur M. Jaquith serves notice of reconsideration of Article 10. 10:36 P. M. Indefinite postponement declared lost by voice vote. I 10:46 P. M. Standing vote taken on main. motion: In Favor Tellers Opposed 11 John F. Downey, Jr, 20 22, Logan Clarke, Jr. 10 24 Robert A. Bittenbender 16 31 Wallace Cupp 13 88 - 59 Less than the required two-thirds having voted in the affirmative, the motion is not adopted. 10:47 P. M. L 7_ r Z O N I N G B Y - L A W of the r T0WN OF LEXINGTON, MASS. IL Adopted Juneg, 1968 under Article 10 of the Warrant 3 for the June 4, 1968 Special Town Meeting, being a re- enactment and continuance of the Zoning By-Law adopted at the Adjourned Town Meeting on March 17, 1924, approved by the Attorney General on April 8, 1924 and rpublished on April 18, 25 and May 2, 1924 as amended; L ( and adopted at an adjourned Town Meeting on December 4, L_ 1950, approved by the Attorney General on February 23, 1951 and published in the Lexington Minute-Man on April 26, L" May 3 and May 19, 1951, as it had since been altered by amendments and additions duly adopted at Town Meetings, approved by the Attorney General and published. L r- r I _ r JUNE 1 9 6 8 L. INDEX - ZONING BY-LAW OF THE TOWN OF LEXINGTON r. PART 1. ADMINISTRATION AND PROCEDURE -- Page Section 10. Purpose and Zoning Map 1 11. Enforcement by Building Inspector 1 11.1 Penalty for Violation 1 11.2 Building Permit 2 11.3 Occupancy Permits 2 12. Board of Appeals 2 12.1 Appeals 2 12.2 Special Permits 2 12.3 Variances 2 13. Site Plan Review (Finding and Determination) 3 -• 13.1 Application 3 13.2 Planning Board Report 3 13.3 Public Hearing 3 13.4 Compliance with Finding and Determination 4 13.5 Extension of Time 4 r^ 13.6 Written Report 4 13.7 Failure to Act 4 14. Amendments to Zoning By-Law 4 14.1 Petition and Public Hearing 4 14.2 Notice of Hearing 5 14.3 Amendment of Zoning Map 5 15. Validity 5 16. Other By-Laws 5 17. Forbidden if Not Permitted 5 18. Continuity of By-Law 5 PART 2. USE AND INTENSITY REGULATIONS 20. Districts Defined 6 20.1 Residence Districts 6 20.2 Commercial and Industrial Districts 6 21. Descriptions Govern 6 22. Descriptions of Residence Districts 6 22.1 RO - One Family Districts, 30,000 sq.ft. 6 22.2 RS - One Family Districts, 15,500 sq.ft. 6 '-) 22.3 RT - Two Family Districts 7 ) j 22.4 RM - Multifamily (garden apartment) districts 7 ) ,_,f 23. Description of Commercial and Industrial Districts 9 \✓ 23.1 CR - Office and Research Park Districts 9 23.2 CH - Hotel, Office and Research Park Districts 12 -- 23.3 CSI - Manufacturing and Research Park Districts 12 23.4 CO - Office Districts 13 23.5 CS - Service and Trade Districts 13 23.6 CN - Neighborhood Business Districts 14 23.7 CG - General Business Districts 15 23.9 CB - Central Business Districts 18 r-- • ; L_ ' Page Section 24. Permitted Land Uses 20 24.1 More Specific Classification Governs 20 �-7 - 24.2 Principal and Accessory Uses 21 r 24.3 Unlisted Accessory Uses 21 24.4 Apartments in CB Districts 21 25. Use Regulations Schedule 22 26. Dimensional Controls 26 L_ 26.1 No Lot Reduction Below Minimum 26 26.2 Civil Defense Shelters 26 - 26.3 Residence Uses in Commercial Districts 26 26.4 Symbols and Abbreviations 26 - 26.5 Exemption for Small Previously Recorded Lots 26 26.6 Lots Partly in Lexington 28 L 27. Schedule of Dimensional Controls 29 7 PART 3. GENERAL REGULATIONS 30. Non-Conforming Uses 30 30.1 May Be Contini.ed 30 r- 30.2 May Be Repaired 30 - 30.3 May Not Be Extended or Enlarged 30 30.4 No Reversion to Non-Conforming Use 30 7 30.5 Abandonment of Non-Conforming Use 30 I_- 31. Parking and Loading Regulations 30 _ r- 31.1 Required Parking and Loading Facilities 30 31.2 Dimensional Restrictions on Parking and Loading 31 - 31.3 Explanation of Symbols and Abbreviations 31 32. Schedule of Parking and Loading Regulations 31 32.1 Schedule of Required Parking and Loading 32 32.2 Schedule of Dimensional Restrictions of Parking & Loading 33 __ 33. Planned Unit Development 34 33.1 Objectives 34 33.2 Number of Building Lots Permitted 34 33.3 Portion to Remain Unsubdivided 34 `- 33.4 Frontage and Area Reductions 35 33.5 Application for Special Permit 35 33.6 Planning Board Recommendations 35 7 33.7 Board of Appeals Action 35 34. Sign Regulations 36 ( 35. Accessory Signs 37 i 35.1 Residential Identification 37 L. ( 35.2 Permitted Use Identification 37 35.3 Real Estate Signs 37 35.4 Real Estate Subdivision Signs 37 35.5 Accessory Signs on Special Permit 37 PART 4. DEFINITIONS '- l 40. Definitions (alphabetically) 38 APPENDIX - YARD DEFINITIONS L. T L r C' PART I. ADMINISTRATION AND PROCEDURE ( L _ SECTION 10. For the purposes set forth in General Laws, Chapter Purpose 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of _ General Laws, Chapter 143, and any other enabling laws, the inspec- tion, materials, construction, alteration, repair, height, number 7 of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts, and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as 7- hereinafter defined and as shown on the Zoning Map prepared by the Planning Board, a copy of which is filed with the Town Clerk, which map as filed and as from time to time revised to conform to Zoning Map amendments of the Zoning By-Law is hereby made a part of this By- Law. The Zoning Map may be revised from time to time by the Plan- ning Board by addition, deletion, or relocation of streets and pother geographical features required to keep the map reasonably current and to facilitate orientation, but such revisions shall in no way affect or change the location and boundaries of zoning dis- tricts as defined in this By-Law, as amended from time to time. i L SECTION 11. The Building Inspector appointed under the provisions Enforcement of the Building By-Laws of the Town of Lexington is hereby desig- by Building nated and authorized as the officer charged with the enforcement Inspector L l of this By-Law. If the Building Inspector is informed or has reason to believe that any provision of this By-Law is being violated, he shall make or cause to be made an investigation of the facts and inspect the property where such violation may exist. If upon such investigation and inspection he finds evidence of such violation, he shall give notice thereof in writing to the owner and occupant of said premises and demand that such violation r be abated within such time as the Building Inspector deems reason- able. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the -- Board of Assessors of the Town and to the occupant at the address of the premises. If after such notice and demand the violation has not been (^ abated within the time specified therein, the Building Inspector L_ shall institute appropriate action or proceedings in the name of the Town of Lexington to prevent, correct, restrain or abate such -- violation of this By-Law. 11.1 Whoever violates any provision of this By-Law shall Penalty for F- be punished by a fine not exceeding Fifty Dollars ($50.00) for each Violation offense, except that the penalty for the removal of earth materials in violation of this By-Law shall be as provided for in the General By-Laws of the Town of Lexington. Every day a violation continues after its abatement has been ordered by the Town shall constitute La new offense. -1- J Building 11.2 Applications for building permits shall be filed with Permits the Building Inspector on forms furnished by him, as provided in Required the Building By-Laws. With every such application there shall be —i filed a plan in duplicate of the lot upon which said building is to be erected drawn to scale and showing the dimensions of the lot r, 7' and the location and size of the building, if any, upon said lot and the building or buildings to be erected thereon and all streets upon which said lot abuts. Occupancy 11.3 No building erected, altered or in any way changed Permit as to construction or use under a permit or otherwise shall be occupied or used without an occupancy permit signed by the Build- ing Inspector which permit shall not be issued until the build- ing and uses and accessory uses comply in all respects with the provisions of this By-Law and adequate means of sewage disposal have been provided. —r Board of SECTION 12. There shall be a Board of Appeals of five members Appeals appointed by the Selectmen for five year terms. The Selectmen -J shall also appoint six associate members of the Board of Appeals. The appointment, service and removal or replacement of members -7 and associate members and other actions of the Board of Appeals shall be as provided for in the General Laws, Chapter 40A. The Board of Appeals in existence up to the date of the adoption of this Section shall continue in office for the balance of terms for which originally appointed. Powers of The Board of Appeals shall have and exercise all the J the Board powers granted to it by said Chapter 40A and this Zoning By-Law. of Appeals These powers comprise the following: Appeals 12.1 Appeals - To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Inspector of Buildings or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. Such appeals shall be taken within 30 days from the date of the order or decision being appealed, by filing a notice of appeal, speci- fying the grounds therefor, with the Town Clerk. Special 12.2 Special Permits - To hear and decide applications Permits for special permits for exceptions as provided in this By-Law, subject to any general or specific rules therein contained, and subject to appropriate conditions or safeguards imposed by the ii Board of Appeals. Variances 12.3 Variances - To authorize upon appeal, or upon peti- tion in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this By-Law where, owing to conditions specially affecting such parcel or such -2- 7 building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this -- By-Law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted with- out substantial detriment to the public good and without nulli- 'L fying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. SECTION 13. Site plan review by the Board of Appeals is required prior to approval of an application for a special permit in certain SiteReview cases specified in Section 25 (designated "SPS" in the Use Regula- (^ tion Schedule) . In such cases, a special permit shall be issued L._ only if the Board of Appeals makes a finding and determination that the proposed placement of buildings, major topographic changes, (� provisions for waste disposal, surface and ground water drainage, L. erosion control, parking areas, loading areas, maneuvering areas, driveways, and the location of intersections of driveways and r.. streets will constitute a suitable development and will not result in substantial detriment to the neighborhood. 13.1 A person applying for a special permit under this Contents of section shall file with the Board of Appeals three copies each of Application L_ an application and a preliminary site plan. Such application and site plan shall include the elements on which the Board of Appeals is to make a finding and determination, as provided in Section 13, and shall also include information as to the nature and extent of the proposed use of the buildings, and such further information in r- respect to such elements and use as the Board shall reasonably require. L_ 13.2 The Board of Appeals shall within three days (Satur- Planning 7- days, Sundays and holidays excluded) of receipt of them transmit Board Report Lv to the Planning Board two copies of the above application and site plan. The Planning Board shall consider the same and submit a r- final report thereon with recommendations to the Board of Appeals. The Board of Appeals shall not make a finding and determination L upon an application until it has received the final report of the - Planning Board thereon or until thirty 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. 13.3 The Board of Appeals shall hold a public hearing, and, Public except as hereinafter provided, shall take final action on an appli- Hearing �. cation within forty-five days after the filing of such application �-- t with said Board of Appeals. I � Such final action shall consist of either (1) a finding and Finding and determination that the proposed construction, reconstruction, sub- Determine- stantial exterior alteration, or addition will constitute a suit- tion L able development and will not result in substantial detriment to Reasons and the neighborhood, or (2) a written denial of the application for Conditions 7- such finding and determination, stating the reasons for such n 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 Board to be inadequate, unsuitable or detrimental to the neighborhood. A finding and determination may be made subject -' -3- I to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to insure that the proposed construction, reconstruction, substantial exterior alter- ation, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood. Compliance 13.4 In the event that the Board of Appeals approves a with Find- Special Permit under these provisions, any construction, recon- ing and struction, substantial exterior alteration, or addition shall be Determination carried on only in conformity with any conditions, modifications and restrictions to which the Board shall have made its finding and determination subject, and only in essential conformity with the application and the site plan on the basis of which the finding and determination are made. Extension of 13.5 The period within which final action shall be taken may be extended for a definite period by mutual consent of the Time for Board of Appeals and the applicant. In the event the Board deter- Finding and mines that the site plan and evidence presented to it at the Determination public hearing are inadequate to permit the Board to make a find- ing and determination, it may, in its discretion, instead of deny- ing the application, adjourn the hearing to a later date to permit the applicant to submit a revised site plan and further evidence, provided, however, that such adjournment shall not extend the forty-five day period within which final action shall be taken by the Board, unless said period is extended to a day certain by ..� mutual consent. 1 Written 13.6 The Board of Appeals shall file with its records a Report written report of its final action on each application, with its J reasons therefor. 13.7 In the event the Board of Appeals shall fail to —� Failure take final action on an application within forty-five days after to Act the filing with the board of an application for a finding and determination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of said forty-five day or extended period, said Board shall be deemed to have found and determined that the proposed construction, reconstruction, substantial external alteration, or addition will constitute a suitable development and will not result in substan- tial detriment to the neighborhood. Amendments, SECTION 14. No amendment to this By-Law shall be adopted until 1 Public Hear- after the Planning Board has held a public hearing thereon and has ) ing and submitted a final report with its recommendations to an Annual or Report Special Town Meeting or until twenty days shall have elapsed after such hearing without the submission of such a report. Amendment - 14.1 The Planning Board shall hold such a public hearing Public Hear- on a proposed amendment when requested so to do by a vote of the ing on Town, by a petition signed by not less than 100 registered voters Petition of the Town or by a petition signed by the owners of 50% in value- tion of the property designated or accepted by the Planning Board as affected by any such proposed amendment. Such a hearing may be held by the Planning Board at any time on its own initiative. -4- 14.2 Notice stating the time, place and purpose of said Amendment - hearing shall be given by publication in a local newspaper at Notice of r-- least fourteen days before said hearing and, unless in the opinion Public L of the Planning Board the proposed amendment is one of wide appli- cation in the Town, bymailinga Hearing copy of said notice to the owners of all property deemed by said Board to be affected thereby as they appear on the most recent local tax list at least seven days before said hearing. 14.3 Any change in the location or boundaries of a zoning Amendment of district made through the amendment of this By-Law shall be indi- Zoning Map cated by the alteration of the aforesaid Zoning Map, and the Map thus altered is declared to be a part of this By-Law thus amended. 7 Any failure to alter or delay in altering the Map shall not post- pone or otherwise affect the effectiveness of any amendment. SECTION 15. The invalidity of any section or provision of this Validity — By-Law shall not invalidate any other section or provision hereof. SECTION 16. Where this By-Law imposes a greater restriction upon Other the use of land or the use or erection of buildings in the Town By-Laws I than is imposed by other By-Laws of the Town, the provisions of this By-Law shall control. L L SECTION 17. Any building or use of premises not herein expressly Forbidden if permitted is hereby expressly forbidden. Not Permitted 7- SICTION 18. This By-Law shall be deemed to constitute a re-enact Continuity ment and continuance of the provisions of the Zoning By-Law in of By-Law effect when it was adopted except so far as it contains changes in wording or arrangement which unequivocally constitute changes in meaning. T _ n L.. - n -5- PART 2. USE AND INTENSITY REGULATIONS i Districts Section 20. The Town of Lexington is hereby divided into districts a--) Defined designated as follows: J 20.1 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 20.2 Commercial and Industrial Districts: CR - Office and research park districts CH - Hotel, office and research park district CM - Manufacturing and research park district CO - Office districts CS - Service and trade districts CN - Neighborhood business districts CG - General business districts CB - Central business districts -� Descriptions Section 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map and as hereafter de- scribed, the descriptions set forth in the following sections shall govern. Geographical Section 22. Geographical descriptions of residence districts. JJ Descriptions RO Description 22.1 RO - one family dwelling districts include every part of the Town not hereinafter specifically designated or not shown upon the Zoning Map as a district other than an RO district. RS Description 22.2 RS - one family dwelling district includes the land within the area bounded and described as follows and not herein- after designated or shown upon the Zoning Map as a district other than an RS district: beginning at the Arlington-Lexington town line, thence along the Cambridge-Concord Highway to Wellington Lane Avenue, thence along Wellington Lane Avenue to Meadow Brook Avenue, thence along �I Meadow Brook Avenue to Moreland Avenue, thence along Moreland Avenue to a point opposite the southereasterly end of Buckman Drive, •.J thence to the southeasterly end of Buckman Drive and along Buck- man Drive to Locust Avenue, thence along Locust Avenue to Follen Road, thence along Pollen Road to Marrett Road, thence along Marrett Road to Stedman Road, thence along Stedman Road to Brookside Avenue, thence along Brookside Avenue to Waltham Street, thence along j Waltham Street to Bridge Street, thence along Bridge Street to Payson Street, thence along Payson Street to Grassland Street, thence along Grassland Street to Winston Road, thence along Winston Road to Hudson Road, thence along Hudson Road to Marlboro Road, thence -6- r r along Marlboro Road to Woodcliffe Road, thence along Woodcliffe Road to Spring Street, thence along Spring Street to Shade Street, thence along Shade Street to Weston Street, thence along Weston Street to Lincoln Street, thence along Lincoln Street to the r 1Northern Circumferential Highway to Grove Street, thence along Grove Street to Burlington Street, thence along Burlington Street to Hancock Street, thence along Hancock Street to Coolidge Avenue, 7 thence along Coolidge Avenue to Adams Street, thence along Adams Street to Woodland Road, thence along Woodland Road to Colony Road, thence along Colony Road to Grant Street, thence along Grant Street to Hayes Lane, thence along Hayes Lane to Woburn Street at the r Boston and Maine Railroad, thence along the Boston and Maine Rail- road to the northwesterly line of the private way leading to the East Lexington Depot, thence in a straight line to the southwesterly �'- end of Bartlett Avenue at Monroe Brook, thence along Bartlett Avenue to Lowell Street, thence along Lowell Street to Summer Street, thence along Summer Street to the Arlington-Lexington town line, thence r- along the Arlington-Lexington town line to the point of beginning. L RT Districts 22.3 RT - two family dwelling districts include the land �- described as follows: Description L 22.31 A district on the southwesterly side of Massachu- setts Avenue extending from a line westerly of and distant 100 feet from the westerly line of Sylvia Street to a line easterly of and distant 100 feet from the easterly line of Charles Street and for a depth of 100 feet throughout. r 22.32 A district on the southwesterly side of Massachu- setts Avenue extending from the westerly line of Lisbeth Street to the southeasterly line of Plainfield Street and for a depth of 100 feet throughout with the exception of a business district designated therein. r- 22.33 A district between the northeasterly line of Massachusetts Avenue and the railroad right-of-way extending from the northwesterly line of the private way leading to the East Lexington Depot to a line southeasterly of and distant 100 feet from the south- easterly line of Maple Street with the exception of a business dis- L trict designated as located therein. r 22.4 RM - multi-family dwelling districts include the land RM Districts described as follows: Description 7- ! 22.41 A district bounded on the southwest by Massa- chusetts Avenue, on the north by Woburn Street, on the northeast by the Boston and Maine Railroad right-of-way and on the southeast by Muzzey Junior High School lot. __. 22.42 A district on the easterly side of Waltham Street beginning at a stone bound situated on the easterly side line of said Waltham Street at the intersection of land now or formerly __ of Louise J. Carter and the Vine Brook Realty Trust and thence run- ning northerly along the easterly side line of Waltham Street eight . hundred fifty (850) feet to a point; thence turning at right angles L._ r • -7- L_ • . I I to said easterly side line of Waltham Street and running easterly eight hundred (800) feet to a point; thence turning and running southwesterly eight hundred fifty (850) feet, more or less, to a point in the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al; and thence turning and running westerly along the center line of a ditch being the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al, of Berta Franceschelli, of Domenic Petrino et al, and of Louise J. Carter five hundred fifty (550) feet to the point of beginning. -� There is excepted from the foregoing, however, the land situated northerly of Worthen Road as shown on plan entitled "Vine Brook Meadows Section Two Lexington, Mass.' dated June 12, 1960, Albert A. Miller-Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 209 of 1961, Book 9762, Page 142 and filed in the Land Registration Office as Plan No. 27677 D. 22.43 A district on the southeasterly side of Maple Street beginning at a point on the southeasterly side line of said Street at the intersection of land of Robert Chapman and the Town of Arlington, thence running southeasterly by land of the Town of Arlington 743.7 feet, more or less, to a point; thence turning at an angle and running easterly by land of the Town of Arlington 367 feet, more or less, to a point at a brook; thence turning at an angle and continuing easterly by land of the Town of Arlington 307.7 feet more or less, to a point at the intersection of land of the Town of Arlington, land now or formerly of Lexwood Poultry Farms, Inc., and land now or formerly of Harry D. Hull; thence turning at an angle and continuing easterly by land now or formerly of Harry D. Hull 300 feet, more or less, to a point; thence turning at an angle and running northerly by land of Lexwood Poultry Farms, Inc. 130 feet, more or less, to a point; thence turning at right angles and running westerly by the land of said Lexwood Poultry Farms, Inc. 580 r, feet, more or less, to a point at a brook; thence turning at an angle of 35 degrees 15' more or less, and running northwesterly by land of Paul Tocci, Inc., 935 feet, more or less, to a point on the southeasterly side line of Maple Street; thence turning at a right -1 angle and running in a southwesterly direction along the south- easterly side line of Maple Street 350 feet more or less, to the point of beginning. ^1 The above describes an area of land approximately 480,000 sq.ft., or 11 acres, more or less. I 22.44 A district situated on the southerly side of ) Worthen Road, lying between Massachusetts Avenue and Bedford Street ...J bounded and described as follows: ri Northwesterly by Worthen Road, 389 feet, more or less; north- easterly by land now or formerly of Rayco Realty Trust, 507 feet, more or less; southeasterly by land now or formerly of John P. & -7 Loretta B. Whalen and Town of Lexington, 389 feet, more or less; -7) southwesterly by land now or formerly of Roman Catholic Archbishop of Boston, 427 feet, more or less; said area containing 4.1 acres, more or less. -8- �" r- 22.45 A district on the southwesterly side of Shirley Street and on the southeasterly side of Hill Street and being shown as Lot B on a plan by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated October 8, 1964, ( and being further bounded and described as follows: Beginning at a point at the northwesterly corner of Shirley Street at land of John F. Murphy; thence running northwesterly by said land of Murphy, 123.34 feet to a point; thence turning and running southwesterly by Lot C as shown on said plan and by land of Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. 7 Bullock and by land of Arthur C. Ruge and Florence B. Ruge, 820.81 feet to other land of said Arthur C. Ruge and Florence B. Ruge; thence turning and running southeasterly by other land of Arthur C. Ruge and Florence B. Ruge, 277.06 feet to a point; thence turning 1 and running northeasterly by Lot A as shown on said plan 857.98 feet to the westerly corner of land of Custance Brothers, Inc. ; thence running northeasterly by said land of Custance Brothers, Inc. -152.85 feet to land of Alice T. McCarthy; thence turning and running L northwesterly by land of Alice T. McCarthy by two bounds, 50.36 feet and 114.20 feet and by land of Edward P. Colbert and Gloria D. Colbert, 120 feet and by land of owner unknown, 117.29 feet to land of Walter F. Spellman and Mary A. Spellman; thence turning and run- ning southwesterly by land of Walter F. Spellman and Mary A. ✓ Spellman and land of John R. Driscoll, Jr. and Kathleen Driscoll and by land of Albert J. Saganich, 150.75 feet to a point; thence turn- --- ing and running northwesterly by said land of Albert J. Saganich, 136.15 feet and by the southwesterly side line of Shirley Street, f i 40.14 feet and to the point of beginning. L r Section 23. Geographical descriptions of commercial and industrial districts. Geographical Descriptions 23.1 CR - office and research park districts include the CR Districts land described as follows: Description 23.11 A district on the northeasterly side of the Cambridge-Concord Highway (Route 2) and the easterly side of the = Northern Circumferential Highway (Route 128) and on both sides of Spring Street and bounded and described as follows: Beginning at the intersection of the northeasterly line of the Cambridge-Concord Highway (Route 2) and the easterly line of Route 2-Route 128 Interchange, so-called; thence northerly and northwesterly along the easterly and northeasterly lines of said — ( Interchange; thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to a line parallel with and 25 feet distant at right angle southeasterly from the southeasterly line of Weston Street; thence northeasterly by said parallel line about 290 feet; thence S28°47'10"E about 85 feet to r- a line parallel with and 250 feet distant at right angle south- westerly from the northernmost straight section of the northeast line of Shade Street; thence S64°17'10"E by said parallel line 395 feet; thence S42°25'10"E by a line parallel with and 250 feet dis- tant at right angle southwesterly from the northeasterly line of n i .J Shade Street 450 feet; thence S47°W about 360 feet; thence S22°E about 885 feet; thence S39°09'50"E along the southwesterly lines 1 of lots 234 through 252 shown on Land Court Plan 6962C 932.40 feet; thence N65°38'10"E 206.87 feet along said lot 252; thence j S39°09'50"E by a line in part parallel with and 200 feet distant at right angle southwesterly from the southwesterly line of Shade Street 620 feet; thence S4°W 240.64 feet; thence S78°E 262.50 feet; thence S39°09'50"E about 145 feet to Spring Street and continuing 7 on the same course across Spring Street and for a distance of 100 feet southeasterly from the southeasterly line of Spring Street; thence due east to a line parallel with and 100 feet at right angle southwesterly from the southwesterly line of the location of Old -1 Shade Street; thence southeasterly and southerly by lines parallel with and 100 feet distant at right angle from the southwesterly and westerly lines of the location of Old Shade Street to a line parallel with and 100 feet distant at right angle northerly from land now or formerly of Clarence M. Cutler; thence westerly, south- westerly and southerly by lines parallel with and 100 feet distant at right angle northerly, northwesterly and westerly from said Cutler land to the northerly line of the Cambridge-Concord Highway; and thence westerly and northwesterly along the northerly and northeasterly lines of the Cambridge-Concord Highway to the point of beginning. ._J 23.12 A district on the westerly side of Wood Street and abutting upon the Laurence G. Hanscom Field (Bedford Airport) and bounded and described as follows: Beginning at a point in the westerly line of Wood Street, --I at land of the United States of America; thence running N63°34'30"W J� by land of the United States of America, distant 348.63 feet to a point; thence turning and running Nl°33'40"W by land of the United States of America, distant 300.00 feet to a point; thence running N5°22'30"E by land of the United States of America, distant 616.21 feet to a point in the westerly line of Wood Street; thence turning and running by a curve to the right with a radius of 594.55 feet by the westerly line of Wood Street, distant 299.26 feet to a point; thence running S30°24'00"E by said westerly line of Wood Street, distant 267.61 feet to a point; thence running by a curve to the right with a radius of 474.66 feet by said westerly line of Wood Street, distant 492.09 feet to a point; and thence running S29°00'00"W by said westerly line of Wood Street, distant 179.93 feet to the point of beginning. 23.13 A district on the southwesterly side of Marrett Road and the Northwesterly side of the Northern Circumferential j Highway (Route 128) and bounded and described as follows: Beginning at a Massachusetts highway bound at the inter- section .J of the southwesterly line of Marrett Road and a southwesterly line of the Marrett Road-Route 128 interchange, so-called; thence - South 40°31120"E by said southwesterly line of said interchange, dis- tant 55.16 feet; thence S43°34'46"W by said interchange, distant 7 84.34 feet; thence S40°31'20"E, distant 201.06 feet; thence South `j 20°45'22"E, distant 163.00 feet; thence S47°16'43"W, distant 60.00 i( feet; thence S42°43'17"E, distant 44.20 feet; thence S18°54'53"W, -10- J I I r distant 522.71 feet; thence S32°53'53''W, distant 678.55 feet, all by said interchange; thence N68°19'10"W, distant 36.96 feet; thence N75°07'50'W, distant 149.01 feet; thence S32°37'30"W, distant 168.32 feet; all by land now or formerly of the City of Cambridge or now or 7- / formerly of Antonio Venuti and Concetta Venuti; thence N72°34'00"W, distant 352.36 feet; thence N27°27'00"W, distant 257.35 feet; thence N27°24'20"W, distant 89.39 feet; thence N15°30'00"E, distant 88.01 7' feet; thence N16°15'30"E, distant 87.87 feet; thence N26°30'30"E, LW distant 10.76 feet; thence N58°43'10"W, distant 347.08 feet, all by land now or formerly of the City of Cambridge; thence N18°16'40"E by land now or formerly of Edwin John Lee, distant 1073.63 feet; thence S39°43'36"E by land now or formerly of Florence K. Hargrove, distant 326.17 feet; thence N82°25'50"E by land now or formerly of Bedros H. Bashian et al, distant 30.74 feet; thence N80°47'50"E, distant 77.74 feet; thence N82°11'10"E, distant 86.71 feet; thence N85°44'00"E, distant 13.15 feet; thence N51°48'10"E, distant 463.41 feet; thence S62°18'50"E, distant 70.09 feet; thence S60°42'20"E, distant 67.99 r- feet; thence S70°06'00"E, distant 52.36 feet to a point in the south- westerly line of Marrett Road, all by said land of Bedros H. Bashian et al; and thence running southeasterly by a curve to the left with a radius of 644.42 feet by said southwesterly line of Marrett Road, distant 174.17 feet to the point of beginning. 23.14 A district on the Town of Lexington and City of Waltham boundary on the easterly side of the Northern Circumferen- tial Highway (Route 128) , on the southeasterly side of the Route 128- Route 2 Interchange, so-called, and the westerly side of Spring r r Street, bounded and described as follows: Beginning at a point on the westerly line of Spring Street at the common boundary of the Town of Lexington and City of Waltham, thence westerly along such boundary of the Town of Lexington and City of Waltham, to the easterly line of the Northern Circumferen- tial Highway (Route 128) ; thence northerly along the easterly line r- of the Northern Circumferential Highway (Route 128) to the inter- section of the easterly line of the Northern Circumferential High- way (Route 128) and the southeasterly line of Route 128-Route 2 7 Interchange, so-called; thence northeasterly and easterly, by two lines, along the southeasterly and southerly lines of said Inter- `- change, to a point on the common boundary of said Interchange and land of Lexington Investment Trust and land now or formerly of 7- Chester and Isabelle Lamantea; thence southeasterly and southwesterly by land now or formerly of Chester and Isabelle Lamantea, Benjamin A. and Ann L. Greene, Francis A. and Thelma P. Gallagher, Michael J. and Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and Catherine Morley, Warren W. and Elizabeth B. Fox, and William and Eileen Cowles; thence southeasterly along a line parallel to and 7--. seventy (70) feet northeasterly from the common boundary of the Town of Lexington and City of Waltham six hundred sixty-three (663) feet, more or less, to the westerly line of Spring Street; thence south- erly by the westerly line of Spring Street, seventy-four (74) feet, . more or less, to the point of beginning at the boundary of the Town (( of Lexington and City of Waltham. r -11- J CH Districts 23.2 CH - hotel, office and research park districts Description include the land described as follows: r1 23.21 A district on the southwesterly side of Bedford Street bounded and described as follows: northeast- erly by Bedford Street, southeasterly by the Route 4 and 225- .J J Route 128 Interchange, southwesterly by a line parallel to and 1200 feet equi-distant from the northeasterly side of the Boston & Maine Railroad right-of-way and northwesterly by Hartwell Avenue. 23.22 A district situated on the westerly side 7 of the State Highway (Route 128) and the easterly side of Marrett Road bounded and described as follows: Easterly by the westerly side of the State Highway (Route 128) four hundred (400) feet, more or less; northerly -: by other land of Frida Semler Seabury and Arthur F. Hinds et als twelve hundred sixty (1260) feet, more or less; easterly by land of said Hinds one hundred seventy (170) feet, more or `j less; northwesterly by land of Maurice D. Healy by two bounds, said bounds being of two hundred ninety-two (292) feet, more or less, and two hundred one (201) feet, more or less re- spectively; southwesterly by Marrett Road nine hundred thirty (930) feet, more or less; southeasterly, southwesterly, south- easterly, southwesterly as shown by land now or formerly of Grigor by four bounds of twenty-eight (28) feet, more or less, �! two hundred three (203) feet, more or less, seventy (70) feet, more or less, three hundred seventy (370) feet, more or less; ! ,I southerly three hundred forty (340) feet, more or less; to the point of beginning at the State Highway (Route 128). j CM Districts 23.3, CM - manufacturing and research park districts Description include the land described as follows: 23.31 A district on the northwesterly side of the Northern Circumferential Highway (Route 128) and bounded and described as follows: beginning at a point on the north- westerly line of the Route 4 and 225-Route 128 Interchange, so-called, said point being 1200 feet distant and at right angle from the northeasterly side of the Boston & Maine Rail- road right-of-way; thence southerly along the westerly line of said Interchange; thence southwesterly along the northwesterly line of the Northern Circumferential Highway (Route 128) to a point, said point being 2400 feet distant and at right angle from the southwesterly side of said Boston & Maine Railroad right-of-way; thence northwesterly along a line parallel to J and 2400 feet distant from said southwesterly side of the �/ Boston & Maine Railroad right-of-way to a point on the south- easterly line of Hartwell Avenue; thence northeasterly along said southeasterly line of said Hartwell Avenue to a point 1200 feet distant and at right angle from the northeasterly side of the Boston & Maine Railroad right-of-way; thence south- easterly along a line parallel to and 1200 feet equi-distant ) from said Boston & Maine Railroad right-of-way to the point of beginning. -12- P 23.32 A district northwesterly of Hartwell Avenue and r bounded and described as follows: beginning at a point on the north- Lerly line of Wood Street at land of the United States of America; thence northwesterly, northerly, northeasterly and again northwesterly along the northeasterly, easterly, southeasterly and again northeast- erlyr r lines of said land of the United States of America to the Lexing- ton-Bedford town line; thence northeasterly along said town line to the southerly line of Westview Street; thence easterly and northeast- erly along the southerly and southeasterly line of said Westview L_ Street to the section of said street relocated in 1959; thence south- easterly along the southwesterly line of said relocated street to r- Hartwell Avenue; thence southwesterly along the northwesterly line of Hartwell Avenue to Wood Street; thence westerly along the northerly line of Wood Street to the point of beginning. 23.4 CO - office districts include the land described as CO Districts follows: Description 23.41 A district on the easterly side of Waltham Street partly adjacent to the common boundary line of Lexington and Waltham, bounded and described as follows: Beginning at a point on the easterly side of Waltham Street at 1 the common boundary of Lexington and Waltham; thence running south- easterly by the Lexington-Waltham common boundary line three hundred seventy (370) feet, more or less, to land now or formerly of Salvatore r Ricci; thence running northeasterly by land now or formerly of said L Ricci, three hundred seventy-five (375) feet, more or less; thence running northerly by land now or formerly of said Ricci to land of Leonard V. Short, four hundred forty-two (442) feet, more or less; thence running westerly by land of said Short two hundred forty (240) feet, more or less, to Waltham Street; thence southwesterly by Waltham Street, six hundred ninety-five (695) feet, more or less, to the point r' of beginning. There is excepted from the above described land the parcel bounded and described as follows: southerly by the Lexington-Waltham line 200 feet; westerly by Waltham Street, 140 feet, more or less; northerly by land, now or formerly of Leonard V. Short, 200 feet; and easterly by land, now or formerly, of said Short, 140 feet, more or less. 23.42 A district on the northerly side of Worthen Road bounded and described as follows: southeasterly by Worthen Road by five F- courses measuring respectively, twenty-five (25) feet, one hundred eleven and 63/100 (111.63) feet, three hundred forty-eight and 26/100 (348.26) feet, one hundred nineteen and 2/100 (119.02) feet, and ninety- two and 97/100 (92.97) feet; northeasterly by land now or formerly of First National Stores, Inc. , and Custance Brothers, Inc. four hundred seventy-six and 82/100 (476.82) feet; northwesterly by land of Town of Lexington, Lexington Housing Authority, eight hundred fifty-seven and 98/100 (857.98) feet; southwesterly by land of Arthur C. and Florence B. Ly Ruge, three hundred and thirty-seven and 93/100 (337.93) feet; north- westerly by land of said Arthur C. and Florence B. Ruge, twenty-five 7- (25) feet; and southwesterly by land of Grace Chapel, Inc. , four hun- dred fifty (450) feet, more or less, to the point of beginning. 23.5 CS - Service and trade districts include the land de- CS Districts scribed as follows: (none) Description 1 L_. -13- CN Districts _23.6 CN - neighborh000d business districts include the land Description described as follows: _ I 23.61 A district on the easterly side of Bedford Street between North Hancock Street and Harding Road beginning at a point on the northerly sideline of North Hancock Street, said point being west- erly and a distance of 22.5 feet, more or less, from the westerly terminus of a curve of 281.86 feet radius; thence westerly a distance of 110.7 feet, more or less, to a point of curvature; thence following the northerly sideline of North Hancock Street, the easterly sideline of Bedford Street and the southeasterly sideline of Harding Road to Lot 12 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 6988, Page 1; thence southeasterly along the southwesterly lot line of said Lot 12 a distance of 107.68 feet to a J point; thence easterly along the southerly lot line of said Lot 12 a distance of 75 feet, more or less, to a point; thence southerly by a straight line running in part along the westerly boundary of the lot shown on plan entitled ' Land on North Hancock St. Lexington Belonging to Heirs of Olive J. Smith," recorded in said Registry of Deeds in Book 3214, End, a distance of 119 feet, more or less, to the point of begin- ning. 23.62 A district on the northerly side of Marrett Road beginning at a point 69.50 feet westerly of the westerly terminus of a curve of 215.47 feet radius; thence westerly along the northerly line of said Marrett Road a distance of 197.70 feet to a point; thence northerly a distance of 214.15 feet to a point; thence westerly a distance of 86.04 feet to a point; thence northeasterly a distance of 78.12 feet to a -� point; thence southwesterly a distance of 60 feet to a point; thence westerly a distance of 15.3 feet to a point; thence southerly a distance ,I of 200.9 feet to the point of beginning, said district including lots 193, 194 and 195 as shown on a plan recorded in the Middlesex South Dis- trict Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 321, Page 5. 23.63 A district at the intersection of the northeast- erly line of Lincoln Street with the easterly line of School Street, ex- tending for a distance of 200 feet southeasterly along said Lincoln Street and for a distance of 200 feet northerly along said School Street and for a depth of 200 feet from the lines of said streets. 23.64 A district at the southwesterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of said Concord Avenue; thence bearing to the right with a curve of 69.17 feet radius, a distance of 90.99 feet to a point of tangency in the -� westerly line of said Waltham Street; thence S05°39'05"E, a distance of 42.06 feet to a point of curvature; thence bearing to the right with a ) curve of 1,945.62 feet radius, a distance of 52.94 feet to a point; thence N81°04'20"W, a distance of 150 feet to a point; thence N50°22'30"W a distance of 148.54 feet to a point in the southerly line of Concord Avenue; thence S81°01'25"E, a distance of 96.61 feet to the point of beginning. 23.65 A district at the southeasterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of Concord Avenue; thence along said southerly line S79°43`15"E, a distance of 68.52 feet to a point; thence S11°14'55"W, a distance of 160.45 feet to a point; thence westerly a distance of 99.50 feet to a point in the easterly line of said Waltham Street; thence northerly along said easterly -14- L_ r line of Waltham Street bearing to the left by a curve of 2,005.62 feet radius, a distance of 95.33 feet to a point of reverse curvature; thence bearing to the right by a curve of 60.97 feet radius, a distance of 112.72 feet to the r % point of beginning. L 23.66 A district on the westerly side of Bed- •— ford Street beginning at a point on the southwesterly side of Bedford Street, said point being 154 feet northwesterly from a stone bound at the southeasterly terminus of a curve of 866.4 feet radius, and extending southeasterly along Bed- ford Street to the northeasterly sideline of Reed Street and to a depth of 100 feet from the adjacent sideline of Bedford Street. r 23.67 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- - easterly sideline of Bedford Street with the northerly side- L . line of the Boston & Maine Railroad right-of-way; thence northwesterly by said sideline of Bedford Street, a distance of 152.2 feet, more or less, to the northwesterly boundary r of land now or formerly of Dynel Incorporated; thence north- .. easterly by said boundary 100 feet; thence southeasterly by a line parallel to and 100 feet northeasterly from the north- 7- easterly sideline of Bedford Street to the northerly side- line of the Boston & Maine Railroad right-of-way; thence by said sideline of the Boston and Maine Railroad northwesterly �-- to the point of beginning. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue extending 200 feet northerly along the westerly sideline of Waltham Street and 200 feet westerly along the northerly sideline of Concord Avenue from the intersection of said lines; thence back at rright angles to each said street until the lines intersect. 23.7 CG - General business districts include the CG Districts --. land described as follows: Description 23.71 A district on the southwesterly side of Massachusetts Avenue extending from the Arlington line west- erly to a point 100 feet beyond the westerly line of Sylvia Street and a depth throughout of 100 feet from said south- - westerly line of Massachusetts Avenue. 23.72 A district on the easterly side of Massachusetts Avenue beginning at the intersection of the easterly line of Massachusetts Avenue with the more southerly line of Curve Street; thence easterly along said southerly line of Curve Street distant about 100 feet to a point; thence southerly by a straight line distant about 83 feet to a point; j thence westerly by a straight line distant about 100 feet to L. ( a point in the said easterly line of Massachusetts Avenue; ( thence northerly 80.30 feet to the point of beginning. -15- J 23.73 A district on the westerly side of Massachusetts Avenue beginning at the intersection of the westerly line of Massachusetts Avenue with the southerly line of Independence Avenue; thence southerly along said westerly line of Massachusetts Avenue distant 88 feet to a point; thence westerly by a straight line distant 100 feet to a point; thence northerly by a straight line distant 88 feet, more or less, to a point in the southerly line of Indepen- -7 dence Avenue; thence easterly along said southerly line of Independence Avenue distant 100 feet to the point of beginning. 23.74 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- easterly line of Bedford Street and the southeasterly lot line of land now of the Middlesex & Boston Street Railway Company; thence northeasterly along said lot line and the extension of said lot line to a point in the southwesterly line of the railroad right-of-way; thence northwesterly along said southwesterly line of the railroad right-of-way to a point in the northeasterly line of Bedford Street; thence southeasterly along said northeasterly line of Bedford Street to the point of beginning. 23.75 A district on the southwesterly side of Bedford Street between the railroad right-of-way and the fl North Lexington Brook beginning at the intersection of the southwesterly line of Bedford Street with the northeasterly line of the railroad right-of-way; thence northwesterly along 1 said northeasterly line of the railroad right-of-way distant about 740 feet to a point; thence northeasterly distant about 152 feet to a point at the center line of the North Lexington ..� Brook; thence southeasterly along the said center line of the North Lexington Brook about 490 feet to a point in the said _ southwesterly line of Bedford Street; thence southeasterly distant about 265 feet to the point of beginning.. r1 23.76 A district at the northeasterly corner of Marrett Road and Waltham Street beginning at a point in the northeasterly side of said Marrett Road, said point being the intersection of said street line with the lot line be- tween Lots 80 and 81 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 274, Page -7I 43; thence northwesterly along the northeasterly line of said Marrett Road to a point on the easterly side of said Waltham Street; thence easterly along the southerly line of Grapevine , -7 Avenue to its intersection with the rear lot line of Lot 78B as shown on a plan recorded in the Middlesex South District Registry of Deeds, Book 365, Page 32,; thence southeasterly along the northeasterly lines of Lot 78B, 79 and 80 as shown on plans hereinabove referred to distant 177.35 feet to a point; thence southwesterly distant 121.71 feet to the point of beginning. 23.77 A district at the southeasterly corner of Marrett Road and Waltham Street beginning at a point in the easterly line of said Waltham Street, said point being the -16- L intersection of said street line with the lot line between Lots A and D as shown on a plan recorded in the Middlesex C South District Registry of Deeds in Book 7185, Page 474; thence northerly along the easterly line of said Waltham Street and southeasterly along the southwesterly line of r said Marrett Road to its intersection with the lot line be- L tween Lots 22 and 23 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 273, Page r- 9; thence southwesterly distant 123.24 feet to a point; thence northwesterly distant 14.20 feet to a point; thence westerly distant 104.26 feet to the point of beginning. r 23.78 A district at the southwesterly corner of Marrett Road and Waltham Street, consisting of an area 200 feet wide, running southerly from the southerly line of said Marrett Road along the westerly side of said Waltham Street distant 360.35 feet to a lot line as shown on Land Court Plan #18315A. r 23.79 A district at the westerly corner of Marrett Road and Spring Street and running westerly along the southerly side of said Marrett Road distant 411.14 feet from the westerly terminus of a curve of 265.47 feet radius to the westerly lot line of Lot 235 as shown on a plan re- corded in Middlesex South District Registry of Deeds in Book 321, Page 5, and running southwesterly along the northwest- erly side of said Spring Street distant 85.19 feet from the southwesterly terminus of a curve of 32.60 feet radius to the F- southerly lot line of Lot 230C as shown on a plan recorded in said Registry of Deeds in Book 361, Page 20, and extend- ing southerly from said southerly side of Marrett Road to the southerly lot lines of Lots 230C, 230B, 230A, 231, 232, r 233, 234, and 235, all of said lots being shown on said plans hereinabove referred to. r 23.80 A district at the southeasterly corner of Lincoln Street and Marrett Road beginning at a point in the easterly line of Marrett Road; thence bearing to the r right with a curve of 60 feet radius distant 95.61 feet to a point of tangency in the southerly line of said Lincoln Street; thence N83°39'E distant 42.50 feet to a point of curvature, thence bearing to the right with a curve of 626.96 r feet radius distant 74.60 feet to a point; thence southerly _ along a lot line distant 158 feet to a point; said lot line being described in a deed recorded in the Middlesex South District Registry of Deeds in Book 4491, Page 161; thence easterly along the northerly lot line of Lot 9 as shown on a L-- plan recorded in the Middlesex South District Registry of Deeds r in Book 4273 at the end, distant 240 feet to a point; thence along the easterly lot lines of said Lot 9 and Lot 8 as shown L. on a plan recorded in the Middlesex South District Registry of Deeds in Book 382, Page 2, by two courses distant 157 feet to a point; thence westerly along the southerly lot line of said L Lot 8 distant 330 feet to a point in the easterly line of said Marrett Road; thence N7°39'W distant 304.03 feet to the point r- L of beginning. E -17- L 23.81 A district consisting of a triangular -� area of land bounded on west by Fletcher Avenue distant 183.90 feet, on the south by Woburn Street distant 320.22 feet, and on the northeast by the railroad right-of-way , distant 317.40 feet, containing about 27,994 square feet. 23.82 A district at the junction of Lowell Street and North Street as follows: On both sides of -1 Lowell Street a distance of 300 feet northerly and 300 feet southerly from the point of intersection of the center lines of Lowell Street and North Street, and on both sides of North Street a distance of 250 feet northwesterly from the point of intersection of the center lines of Lowell and North Streets, and on both sides of North Street northeasterly a distance of 200 feet from the intersection of the center lines of Lowell and North Streets and of a depth of 100 feet from the adjacent street lines in each instance. 23.83 A district on the southerly corner of J Lincoln Street and Marrett Road and extending southwesterly along said Lincoln Street and southeasterly along said Marrett Road for a distance of 200 feet in each instance and for a depth of 100 feet from the adjacent street lines. 23.84 Districts at the junction of Woburn and Lowell Streets upon each of the four corners and extending -� for a distance of 200 feet along each street from the junc- tion points of the side lines of each street; thence back at ) right angles to each said street until the exterior lines intersect. .J 23.85 A district on the northwesterly corner of Marrett Road and Waltham Street and extending northeast- erly along said Waltham Street and northwesterly along said Marrett Road for a distance of 200 feet in each instance and for a depth of 100 feet from the adjacent street lines. .� 23.86 A district on the easterly side of Waltham Street, adjacent to the Lexington-Waltham line, bounded and described as follows: southerly by the Lexing- ton-Waltham line, 200 feet; westerly by Waltham Street, 140 feet, more or less; northerly by land, now or formerly of Leonard V. Short, 200 feet; and easterly by land, now or formerly, of said Short 140 feet, more or less. CB Districts 23.9 CB - central business districts include the ) J Description land described as follows: -7 23.91 A district on the northwesterly side of Massachusetts Avenue extending northeasterly from the Arling- ton-Lexington town line to the northwesterly line of the private way leading to the East Lexington Depot and extending northeasterly from Massachusetts Avenue to the railroad right- -� of-way. r-, -18- I - 23.92 A district on the southwesterly side of Massachusetts Avenue extending from the northwesterly line of Waltham Street to the southeasterly line of Muzzey Street and from the southwesterly line of said Massachusetts Avenue (— to the southwesterly lot lines of premises now numbered 73 Waltham Street and 20 Muzzey Street as shown respectively on a plan in Book 68, Page 13, and a deed in Book 6865, Page 558, at the Middlesex South District Registry of Deeds. L23.93 A district on the southwesterly side of Massachusetts Avenue beginning at the intersection of the southwesterly line of said Massachusetts Avenue with the north- westerly line of Muzzey Street; thence northwesterly along said southwesterly line of Massachusetts Avenue distant about 173 feet to a point; thence southwesterly distant 149.50 feet r- to a point; thence southeasterly distant 11 feet to a point, the last two described lines being shown on a plan recorded in the Middlesex South Registry of Deeds in Book 6130, Page '- 59; thence by a straight line distant about 380 feet to a point in the northeasterly line of Raymond Street; thence southeasterly distant 165 feet to the intersection of said .- northeasterly line of Raymond Street with the northwesterly line of Muzzey Street; thence northeasterly along said north- - westerly line of Muzzey Street to the point of beginning. 23.94 A district on the northeasterly side of Massachusetts Avenue between the northeasterly line of said Massachusetts Avenue and the southwesterly side of the rail- ( road property and extending from the northwesterly line of _ Grant Street to the southeasterly line of Meriam Street. Said district shall also include adjoining land bounded as follows: Northwesterly by a part of the land described in the preceding sentence, fifty-one and 46/100 (51.46) feet; northeasterly by railroad property, twenty-four and 25/100 (24.25) feet; southeasterly by railroad property fifty and 90/100 (50.90) feet; and southwesterly by Depot Square, thirty- - two and 05/100 (32.05) feet. Said district shall also further include adjoining land bounded as follows: northwesterly by -- t1 . land described in the immediately preceding sentence, fifty and 90/100 (50.90) feet, more or less; southwesterly by Depot Square one hundred twenty-one and 76/100 (121.76) feet, more or less; southeasterly by railroad property by a line parallel to the first boundary above described fifty and 90/100 (50.90) feet, more or less; and northeasterly by railroad property by a line parallel to the second boundary above de- - ( scribed one hundred twenty-one and 76/100 (121.76) feet, more or less. -- 23.95 A district on the southwesterly side of Bedford Street between the northwesterly lot line of premises now number 30 Bedford Street and said lot line extended and northwesterly lot line of property now or formerly owned by Custance Bros., Inc. , and said lot line extended and for a depth of 400 feet southwesterly from the southwesterly line of — said Bedford Street. -19- Said district shall also include adjoining land i bounded as follows: Easterly by land described in the pre- ceding sentence three hundred forty-two and 93/100 (342.93) feet; southerly by land of Rayco Realty Trust sixteen and 37/100 (16.37) feet, westerly by land now or formerly of �l Whalen three hundred twenty-seven and 40/100 (327.40) feet; -� and northerly by Worthen Road, sixty-six and 69/100 (66.69) feet. rJ 23.96 A district on the northeasterly side of Bedford Street between the northeasterly line of said Bed- -7 ford Street and the westerly side of the railroad right-of- way, extending from the southeasterly lot line of land now or formerly owned by the Christopher S. Ryan Estate to the northwesterly lot line of property now or formerly owned by the Lexington Lumber Corporation. 23.97 A district on the southwesterly side of Massachusetts Avenue beginning at the intersection of the J southwesterly line of said Massachusetts Avenue with the southeasterly line of Waltham Street; thence running south- easterly along said southwesterly line of Massachusetts Avenue distant about 800 feet to a point; thence southwest- erly -� along a lot line distant about 295 feet to a point; thence northwesterly along the northeasterly lot lines of rl Lots 14B, 14A, 13, 12, 19, 20, 10 and 9, said lots being shown on Land Court Plan 9469, distant about 470 feet to a 1 point; thence northwesterly about 215 feet to a point, thence southwesterly distant about 137 feet to a point in the northeasterly line of Vine Brook Road; thence northwesterly along said northeasterly line of Vine Brook Road to the south- easterly line of Waltham Street; thence northeasterly along said southeasterly line of said Waltham Street to the point -' of beginning. Permitted Section 24. No land shall be used and no structure shall be Land Uses erected or used, except as set forth in the following Use Regulations Schedule or as exempted by Section 31 or by General Laws. Symbols Symbols employed in the Use Regulations Schedule shall mean the following: "Yes" - permitted as of right; "No" - prohibited; "SP" - permitted only under a Special Permit for an exception granted by the Board of Appeals, as provided for in Subsection 12.2 of this By-Law; "SPS" - use permitted, but the construction, reconstruction, substantial alteration of or addition to buildings for such uses shall be subject to a Special Permit as above with the additional site plan review re- quirements of Section 13 hereof. -- Specific 24.1 Where an activity might be classified under more Classifica- than one of the uses listed in the Use Regulations Schedule, tion -20- r 7 the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern. 24.2 In the following Use Regulations Schedule the Principal and uses enumerated under the captions "as a principal use" and Accessory Uses numbered 25.10 through 25.74 inclusive are the principal uses of buildings or land; the uses enumerated under the caption "as accessory use" and numbered 25.80 to 25.92 inclusive are accessory uses within the definition of Section 40 of this By- Law; the uses enumerated under the caption "as principal or r accessory use" and numbered 25.94 to 25.96 inclusive, include L all uses, whether principal or accessory. r- 24.3 Uses and buildings not listed in the Use Regula- Accessory Use tions Schedule and not prohibited as dangerous or disturbing to Principal or detrimental (see 25.95) are permitted if accessory to a Use principal permitted use listed herein and conforming to all other provisions of this By-Law and not in violation of any other municipal By-Law or General Laws. 24.4 Residential apartments under Paragraph 25.13 may Residential only be permitted by Special Permit under Subsection 12.2 in Apartments the same structure with one or more of uses listed in Para- - graphs 25.40, 25.41, 25.42, 25.62, 25.63, 25.64, 25.65, 25.66 of the Use Regulations Schedule and subject to the following conditions: 24.41 There shall be no apartments on other Second and L I than the second and third floors, and no other use on the same Third Floor \-- floor as apartments or on any floor above such apartments. Apartments r-- 24.42 There shall be provided on the same lot Parking as the apartments and reserved for use by the tenants of such r• apartments parking facilities equivalent to at least one park- ing space for each room designed for or used as a bedroom. 24.43 There shall be provided and maintained on Landscaped the same lot as the apartments an open, landscaped area, avail- Area able and accessible to the apartment tenants, containing an aggregate area not less than the gross floor area allocated to r' apartments, or one-fourth acre per apartment structure, which- ever is greater, provided, however, that ttese conditions shall be deemed to be satisfied by the existence of public park, recreation or open space land located contiguous to such lot or separated therefrom only by a street designated for not more than two traffic lanes. fl (- 7- 7- '7- -21- L Section 25 - USE REGULATIONS SCHEDULE Use Designation District As a Principal Use RS RT RM CR CH CM CO CS CN CG CB 25.10 One family dwellings Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes m y 25 11 Two-family dwellings No Yes No No No No No No No Yes Yes 0 .. 25 12 Garden apartments* (each must be connected to public sanitary sewer) . . . No No SPS No No No No No No No No LI 25.13 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No No No No No No SP G . 25.14 Hotel or motor hotel (must be connected to public sanitary sewer) . . . . No No No No SPS No No No No SPS SPS a 25.15 Dwelling conversion to two-family SP Yes SP SP SP SP SP SP SP Yes Yes *Provided that no living quarters shall be located below the mean finished grade of the ground adjoining the building, nor above the second story Religious, sectarian or denominational schools, buildings and uses, including m 25.20 parish houses and rectories; public schools, parks, playgrounds municipal 7 buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25 21 Other schools SP SP SP SP SP SP SP SP SP SP SP .°a 25.22 Hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged, ro charitable institutions, cemeteries SP SP SP Sr SP SP SP SP SP SP SP P Passenger stations, landing fields, telephone exchanges, radio and television w 25.23 transmitting sites; sites, buildings and uses for other public services; private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP m 25.24 Private parks, playgrounds, clubs and recreation buildings of a non-commercial o and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP N 11 25.25 Miniature, pitch and putt, driving and novelty golf installations . No No No No No No No No No SP SP 25'26 Billiard rooms, bowling alleys, dance halls, skating rinks, theaters and similar commercial amusementlaces P No No No No No No No No No No SP " 25.27 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP ,-125.30 Commercial raising, boarding, breeding or keeping of fur-bearing animals . . SP SP SP SP SP SP SP SP SP SP SP u25.31 Greenhouses, including conservatories SP SP SP SP SP SP SP SP SP SP SP Other farms, including truck gardens and nurseries, but only tools,equipment u 25.32 and vehicles incidental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25.33 Roadside stands (for two-year terms) SP SP SP SP SP SP SP SP SP Yes Yes 25.34 Seasonal sale of Christmas trees and wreaths SP SP SP SP SP SP SP Yes SP Yes Yes 25 40 Physicians, dentists, opticians, real estate brokers . . . . . . . No io No SPS SPS SPS SPS No Yes Yes Yes 0 4.1• 25.41 Offices of salesmen, agents and representatives of manufacturing, distributing, insurance and wholesale companies 4o 4o No SPS SPS SPS SPS No No Yes Yes o 25.42 Administrative, executive, professional and similar offices . . . . . 4o io No SPS SPS 5PS SPS No No Yes Yes • 25.50 Retail gasoline, oil and lubrication stations and places of business for the sale and installation of tires and other automobile accessories, maintenance E and minor repairs of motor vehicles 40 4o No No No No No No SP* SP SP B 25.51 Gasoline service stations incidental to a permitted automotive repair shop . 4o 4o No No No No No SP No SP SP a *Where in the opinion of the Board of Appeals a clearly established need will be served thereby, and subject to such conditions, restrictions and safe- guards as the Board of Appeals may impose to protect the character of neighbor- hood and to reduce interference with the safe and convenient flow of traffic. ii L___J L J L___.J [ J [ J L _) L__._J ( 1 r---] ( --1 [ --1 f---1 I---1 1 1 1 1 r f -_1 r-- -1 r -i r-- 1 !---1 €---1 r---i 1-----1 f 1------1 Section 25 - USE REGULATI xS_Rcx DULE (Continued) Use Designation District - As a Principal Use RO pq RT RM CR CB CM CO CS CN CG CB . 25.52 Parking of motor vehicles (not accessory to a permitted use on the same lot) Nb No No No No No No No No SP SP a 25.53 Major mechanical repairs, auto body repairs No No No No No No No SP No SP SP a Storage, retail sales and rental of automobiles, aircraft, marine craft, farm 0. 4.4 25.54 and other heavy machinery and vehicles, including the accessories thereof: com- eo mercial car wash establishments, if not detrimental to neighboring areas, par- d ticularly with regard to safe and convenient flow of traffic No No No No No No No SP No SP SP d 25.55 Automobile graveyards No No Vo No No No No No No No No 25.60 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No Yes No SP Yea 25.61 Billboards, retail liquor stores No No No No No No No No No No Yea Drugstores, retail stores for sale of beauty and health aids, medicines, medical supplies, food not intended for consumption on the premises, smoking supplies, 25.62 periodicals, books, stationery, toys, hardware, arts and crafts supplies; abranch banks; service businesses primarily serving neighborhood needs, such as abut not limited to barbers, hairdressers, beauticians, manicurists; watch, shoe n or clothing repairs No No No No No No No No Yes Yes Yes u a Retail stores other than above; banks; drive-in restaurants and other places u 25.63 for serving food, except diner or lunch cart; caterer, confectioner, decorator, ,n hand laundry, florist, photographer No No Vo No No No No No No Yes Yes a• 25.64 Self-service automatic laundry and dry cleaning establishments, pick-up stations N of cleansing, laundry and dyeing plants No No Jo No No No go No SP Yes Yes La q 25.65 Radio, television and electrical appliance repairs No No No No No No No Yes No Yes Yes y Dressmaking or tailoring establishments, including those specializing in alters- 25.66 tions, furriers, milliners, printing shops, bakeries and similar shops or trades a provided that all work shall be of custom or job order type for sale on the °u premises and that there shall be no production for stock or for wholesale . . No No No No No No No SP No Yes Yes 4 Sale of air conditioning, heating, refrigerating and plumbing quipment and ca supplies, lumber, fuel, structural and building materials and supplies; general a 25.67 building, building maintenance, landscaping, electrical and similar contractors, masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering furniture and other similar repair services No No No No No No No Yes No SP SP 25.68 Undertakers, funeral homes No No No No No No SP No SP SP SP 25.69 Diners or lunch carts; treatment, boarding and care of animals; commercial non- manufacturing uses other than those enumerated elsewhere in Use Regulations Schedule No No No No No No No No No SP SP 25.70 Light manufacturing, including bakeries without retail sales No No No No No SPS No No No No No a Laboratories engaged in research, experimental and testing activities, including tl 25.71 but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine and physics No No No SPS SPS SPS No No No SP >P •••1 Storage and distribution of packaged articles owned by the occupant, provided -4 25.72 that all storage shall be inside the walls of buildings of first or second 11 class construction No No No No No SPS No No No SP iP H• 25.73 Removal of earth materials SP SP SP SP SP SP SP SP SP SP 3P Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District As a Principal Use v� RT RM CR CH CM CO CS CN CG CB 25.74 Production of articles wholly or in substantial part from materials excavated or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP As Accessory Use Only (see definition) Taking not more than four boarders or letting or renting of rooms without cook- ing facilities to not more than four persons, or both, in an existing dwelling by a family resident therein;* home occupation (see definition) in any existing 25.60 dwelling; accessory signs subject to Sections 34 and 35 hereof and the Town Sign By-Law: garage space for parking not more than three automobiles, one of which may be a commercial vehicle if owned or used by a person resident in the dwell- ing to which the garage is accessory; outdoor parking of non-commercial vehicles;** swimming pools, provided that any such pool which meets the defini- tion of a structure shall be subject to provisions of Section 27 of this By-Law Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 25.81 Use of a portion of a dwelling as an office by a physician, dentist or other professional person residing in the dwelling incidental to such residence . . SP SP SP SP SP SP SP SP SP Yes Yes 25.82 Buildings normally accessory to garden apartments No No Yes No No No No No No No No 25.83 Incidental sale at retail of parts or components necessary for the maintenance of articles stored and distributed No No No No No Yes No Yes No Yes Yes Retail uses such as cafeterias, soda or dairy bars, wholly within the same 25.84 building as the principal permitted use, conducted primarily for the convenience of employees and with no exterior advertising display No No No SPS SPS SPS SPS No No Yes Yes N , m Retail uses in support of a hotel or motor hotel, such as dining halls, restau- a25.85 rants, cafeterias, soda or dairy bars, and shops wholly within the hotel or motor hotel building and with accessory signs as permitted under the Sign By-Law No No No No SPS No No No No SP SP Delicatessens, lunch counters and soda fountains incidental to the permitted 25.86 business of a drugstore No No No No No No No No SP Yes Y® 25 87 Wolesale of commodities accessory to the permitted retail sale of such commodities in the district No No No No No No No SP No SP SP Outdoor storage of supplies and equipment incidental to permitted uses, subject 25.88 to appropriate requirements for location, lighting, screening, fencing, cover and safety precautions No No No SPS SPS No SPS SP No SP SP 25.89 Outdoor overnight parking of freight-carrying or material-handling vehicles and equipment No No No SPS SPS SPS No SP No Yes Yes Manufacturing, processing or storing goods and materials as a part of and re- 25.90 lated solely to research, experimental and testing activities; maintenance shops, power plants, keeping of animals, antennae and machine shops and similar operations to support permitted uses No No No SPS SPS SPS No No No No No 25.91 Garage space larger than permitted under 25.80 above No No No Yes Yes Yes Yes Yes Yes Yea Yes 25.92 Outdoor parking of commercial vehicles** No No No Yes Yes Yes Yes Yes Yes Yes Yes * No dwelling may be erected for the purpose of taking boarders or letting or renting of rooms without a Special Permit by the Board of Appeals ** Outdoor parking is subject to provisions of Sections 31 and 32 1 J L-i ( __-J L__ .J [. _J L_ J L-_-i 1- .] L___J [.__ 1_ 'J Li L__-J 1._--7 Ll € 1 r---1 f l [ r---] f 1 f i r i 1 l f 1 ! i r ] r---1 r -1 Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District RO RT RM CR CII CM CO CS CN CG CB As Principal or Accessory Use RS 2 25.94 Temporary structures and uses not conforming to this By-Law subject to condi- o tions for the protection of the community . . . . . SP SP SP SP SP SP SP SP SP SP SP S Any building or use not expressly permitted by this By-Law and not accessory to such permitted building or use; any structure or use, whether or not otherwise permitted or accessory to a permitted building or use, which may be disturbing n 25.95 or detrimental to the health, safety or welfare of persons working or living in the neighborhood by reason of special danger of fire or explosion, pollution of water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust or glare, excessively bright or flashing lights, electromagnetic radiation, offensive noise, or vibration No No No No No No No No No No No a 25.96 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No J Compliance SECTION 26. Any building hereafter erected in any district shall with be located on a lot such that all of the minimum requirements set Schedule of forth in the following Schedule of Dimensional Controls are con- Dimensional formed with, except where specifically exempted by this By-Law or Controls by General Laws. No Reduction 26.1 No lot upon which there is a building or for which ^' of Lot Size a building permit is in force shall be subdivided or otherwise changed in size or shape, except through public acquisition, so as to result in violation of the requirements set forth below, and a lot already non-conforming shall not be changed in size or shape so as to increase the degree of non-conformity or of non-compliance with the requirements of this By-Law. 26.2 The construction of a fallout or blast shelter of a Civil design approved by the local direction of Civil Defense or his Defense representative shall not be deemed to be in violation of the yard -1 Shelters regulations provided such shelter is completely below the finished ,J grade of the adjoining land prior to and after such construction and is covered by earth to a depth of not less than two feet, ex- cept that an entrance or exit way may be substantially flush with the ground and a ventilating pipe and cover may protrude above the ground if they are of no greater size and height than is reason- ably required for the purpose. 26.3 Uses and buildings permitted in the RO, RS or RT RO, RS, RT districts shall, when located in a CR, CH, CO, CS, CG or CB dis-Uses Otherin trict, be regulated by the dimensional controls of an RS district I _j Districts if located within the area described in Section 22.2, and other- wise by the dimensional controls of an RO district. All uses located in CM or CN districts are regulated by the dimensional controls of the district in which they are located. 26.4 As used in the Schedule of Dimensional Controls the Symbols symbol "NR" means no requirements, "s.f." means square feet, and "ft." means linear feet. Lesser 26.5 Lesser requirements than those of Section 27 apply Requirements to certain lots. These are as follows: 26.51 In RO, RS and RT districts the following Exemption if used for a dwelling or other building permitted in such for Certain lots, Lots districts, are exempted from the area, frontage and side yard provisions of Section 27. Any such lot may be enlarged by combin- ing it with an adjoining lot or lots, or fractions thereof, in the J Lots may be same ownership. Such enlarged lot shall not be subject to Combined greater requirements as to area, frontage, front or rear yards by reason of such enlargement, but the required side yards shall be based on the total frontage of the enlarged lot. r-, -26- �' Lots laid out and recorded Area at Frontage 1- by plan or deed least at least Prior to March 17, 1924 Any Any Exemption for Pre- On or after March 17, 1924 viously Re- and prior to March 18, 1929 5,000 sq.ft. 50 ft. corded Lots On or after March 18, 1929 -- and prior to August 8, 1938 7,500 sq.ft. 75 ft. On or after August 8, 1938 L and prior to December 4, 1950 12,500 sq.ft. 100 ft. �- On or after December 4, 1950 1 and prior to December 1, 1953 and located in RO districts 15,500 sq.ft. 125 ft. The following shall apply to the above lots: If actual lot frontage is: Side yard must be 100 ft. or more Not less than 15 ft. Minimum Side More than 75 ft. but less Yard for than 100 ft. Not less than 12 ft. Exempt Lots More than 50 ft. but not more than 75 ft. Not less than 10 ft. (--- 50 ft. or less Not less than 7.5 ft. r c L ; 26,52 Certain tracts may be subdivided using the. Exemption provisions of Section 33 which permit reduction of certain re- Permitted quirements of Section 27. in Sec. 33 26.53 In CN districts any lot which on February Exemption for ,_. 21, 1965, was in ownership separate from that of adjoining land Lots of Record located in the same district shall be deemed to satisfy the in CN Dis- -- requirements of this By-Law for area and frontage in CN districts. tricts 26.54 In CM districts in particular instances the Exemption for Board of Appeals may permit a principal building to be erectea on a lot having less area or frontage, or both, than the minimum re- Lots of quirements specified in Section 27, if at the time of the adoption Record in CM of said minimum requirements such lot was lawfully laid out and Districts recorded by plan or deed and did not adjoin other land of the same owner available for use in connection with such lot, provided that the Board determines that such permission can be granted without substantial derogation from the intent and purpose of this By-Law. A lot resulting from a taking by eminent domain after the adoption of said minimum requirements shall be deemed for the pur- 1 poses of this paragraph to have been lawfully laid out and re- corded by plan or deed at the time of such adoption, if the larger lot of which it was a part before such taking was so laid out and recorded. In granting such permission, the Board may permit front, side or rear yards of less than the minimum yard requirements specified in Section 27. L 26.55 Where more than one half of the lot frontage is on a circular turn-around or on a curve of less than 100 ft. -27- Reduction of radius, frontage may be reduced to not less than 60 per centum of Frontage on the distance otherwise required, provided that the distance be- Curves tween lot boundaries measured in a line parallel to the street , !l line and at a distance therefrom equal to the required front yard shall be not less than the frontage otherwise required and further provided that such distance at front yard depth shall be dimen- sioned on a plan approved or endorsed by the Planning Board. Exceptions 26.56 The limitations of height in feet shall not to Height apply to chimneys, ventilators, skylights, tanks, bulkheads, Limitations penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings provided such features are in no way used for living purposes and further provided that no such structural features J shall exceed a height of sixty-five feet from the ground except with permission from the Board of Appeals. 26.57 In CR and CH districts where a lot abuts on a Frontage on dead-end turn-around part of a street and abuts also on such Turn-around street before the turn-around, the 300 feet may be measured in CHCR and part along the side line of the street before the turn-around and _j in part along a projection of the course of such side line through and beyond the turn-around, provided however that the lot shall have a frontage of not less than 60 feet on the street, including such turn-around. 26.6 When a lot in one ownership is situated in part in the Lots Partly Town of Lexington and in part in an adjacent town or city, the " in Lexington provisions of this By-Law shall be applied to that portion of the lot located in the Town of Lexington in the same manner as if the entire lot were situated in Lexington. n J ` ) J -7 ---, J -28- .� SECTION 27 - Schedule of Dimensional Controls District RO RS & RT RM 1 CR I CH 1 CM 1 CO 1 CS 1 CN 1 CG 1 CB • Uses Permitted in RS and RT Districts Shall Conform to the Provisions of Subsectig 26 3 r Minimum Lot Area 30,000 s.f. 15,500 s.f. note (a) 5 acres 5 acres 3 acres 60,000 s.f. 15,500 sf.15,50O s.f NR NR Minimum Lot Frontage 150 ft. 125 ft. 200 ft. 300 ft. 300 ft. 200 ft. 175 ft. 125 ft. 125 ft. NR NR Minimum Front Yard (b) 30 ft.(c) 30 ft.(c) 40 ft. 100 ft. 100 ft(j) 75 ft. 50 ft. 40 ft. 30 ft. 20 ft. NR (d) Minimum Side Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 150 ft. 25 ft. 50 ft. 20 ft. 20 ft. I NR NR Minimum Rear Yard 15 ft.(e) 115 ft.(e) I 40 ft. 50 ft. 50 ft. I 25 ft. 150 ft. I 20 ft. 20 ft. 20 ft. 110 ft. Minimum Yard Adjacent to RO, RS, RT, RM District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 75 ft. 50 ft. 40 ft. 20 ft. 20 ft.(f) 20 ft.(f) Minimum Yard Adjacent to Other District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR Minimum X Open Area 85% (g) 85% (g) I 75% 175% 175% , 66.7% 75% I 75% (note (h) I NR NR Maximum height Stories 3 3 3 3 I 3 I 3 I 3 I 3 I 3 I 3 I 3 1 Schools,Hospitals o Public Buildings Feet 45 ft. 45 ft. 45 ft. 45 ft. 145 ft. 45 ft. 45 ft. 45 ft. ( 45 ft. 45 ft. 145 ft. Maximum height Stories 2-1/2 2-1/2 12-1/2 3 3 3 2 2-1/2 2-1/2 2-1/2 3 Other Buildings Feet 40 ft. 40 ft. I 40 ft. 45 ft. 45 ft. 45 ft. 40 ft. 40 ft. 40 ft. I 40 ft. 45 ft. Minimum Between Buildings NR NR 130 ft.(1) I30 ft.(i) 30 ft.(i) 130 ft.(i) 30 ft.(i) 20 ft. 20 ft. NR NR a. 3,000 sq.ft. lot area per dwelling unit containing one room used for sleeping; 3,500 sq.ft. lot area per unit with two such rooms: 4,000 sq.ft. lot area per unit with three or more such rooms. b. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern. c. Except 20 ft. yard on other than frontage street; for uses permitted on Special Permit, a yard of at least 30 ft. on each abutting street, and if lot exceeds 1 acre a yard of at least 40 feet on each abutting street, and if lot exceeds 5 acres a yard of at leak 50 feet on each abutting street. d. Except 10 ft. yard on Muzzey St. or on Bedford St. for lots abutting these streets. e. Except for uses permitted on Special Permit, increase the required side yard to 20 feet plus 1 foot for every 1/2 acre (or frac- tion thereof) over 1/2 acre lot area. f. Only if lot abuts or is within 10 ft. of the district boundary. The 10 ft. 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. g. Applicable only to uses permitted on Special Permit. h. Combined floor area of all principal and accessory structures shall not exceed 3,000 sq.ft. 1. Buildings shall be surrounded by fire lanes (see definition). J. Except 200 ft. yard on Bedford Street for land abutting Bedford St. north of Rte. 128. ri PART 3. GENERAL REGULATIONS Section 30. Non-conforming uses 30.1 Any building lawfully existing and any use lawfully `7 May be being made of land or buildings which does not conform to this -✓ ' Continued By-Law as adopted or as amended may be continued to the same degree and for the same purpose. -a 30.2 Any such building may be repaired or structurally May be altered, but no such building if destroyed or damaged to the ex- Repaired tent of 75% of its reproduction cost at the time of said damage, r' as determined by the Building Inspector, shall be rebuilt or re- paired except with a special permit granted by the Board of Appeals under the provisions of Subsection 12.2 of this By-Law. i No Expansion 30.3 No building or use lawfully existing as a non-con- Exce t with forming building or use shall be extended or enlarged except with p a special permit granted under the provisions of Subsection 12:2 Special Permit of the By-Law. -� 30.4 If land or buildings lawfully being put to a non- No Reversion conforming use are changed to a use permitted in a district where- to Non-con- in such lands or buildings are situated, they shall not be changed forming Use back to any non-conforming use. The non-conforming use of land or buildings may be changed with a Special Permit from the Board of Change of Non- Appeals to another non-conforming use which in the opinion of the conforming Uses Board of Appeals is no more objectionable to the neighborhood. r J Abandonment of 30.5 If there be non-use of any lawful non-conforming use Non-conform- of land or buildings for a period of twenty-four consecutive ..✓ ing Use months, such non-confot.ang use shall be regarded as abandoned and shall not be resumed. Section 31. Parking and Loading Regulations 31.1 Not less than the required parking and loading space Required Park- indicated by Subsection 32.1 of the following Schedule of Parking ing and Load- and Loading Regulations shall be provided to service all new build- ing ings, additions to old buildings, or new usa of existing buildings Facilities or premises. Loading areas shall not be considered as part of the -j parking area. Location of 31.11 Such required parking shall be located on the Required same lot as the activity it serves and shall have free and unim- j Parking peded access to a street over unobstructed passageways or driveways. 31.12 The Board of Appeals may grant a Special Temporary Permit for an exception to the requirements of Subsection 32.1 in Reduction by any case where the Board of Appeals determines that the complete Special Permit development of the required parking area is not currently neces- sary; such special permit to allow reduction of the developed park- ing area to not less than half that otherwise required, and to beL.3 -- for a period not to exceed two years., 31.13 Required parking and loading areas shall have adequate provisions for access, turning and exit without endanger- -30- 1 ndanger--30- _ ing or inconveniencing the users of such areas or the traffic in the streets adjacent thereto. The number of driveway openings Egress in shall not be greater than reasonably necessary. Egress shall not CM District require backing into the street. In the CM district, driveway width shall not exceed 25 feet, and the entrance of all driveways to a street shall be subject to approval in writing by the Plan- ning Board. 31.2 All parking and loading areas shall be sub- Dimensional ject to the dimensional restrictions of Subsection 32.2 of the following Schedule of Parking and Loading Regulations, whether such parking or loading be required by this By-Law or optionally W provided. 31.3 Symbols employed in Section 32, Schedule of Explanation of Parking and Loading Regulations, Subsections 32.1 and 32.2, Symbols Used shall mean the following: in Schedule C of Regulations s.f. - square feet ft. - linear feet N.R. - no requirement or restriction specified r 7 L -31- Section 32. SCHEDULE OF PARKING AND LOADING REGULATIONS 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING U S E DISTRICT REQUIRED PARKING Use permitted as of right in RO, RS, or RT district Any No requirement Use permitted on Special Permit in RO, RS or RT district (Subsection 12,2) . , Any Reasonably sufficient Use other than the above CR,CM,CS Reasonably sufficient `I " It or CO 1 parking space per 100 s.f. floor area or fraction If II II II II CN 1 parking space per 200 s.f. floor area or fraction w II " CG 1 parking space per 150 s.f. floor area or fraction 1 n n 1, CB No requirement Garden apartments RM 1 parking space per dwelling unit Hotels, motels, motor hotels . . . CH 1 parking space per guest room plus reasonable provision for persons dining or attending functions in the building Other than all above CH Reasonably sufficient REQUIRED LOADING FACILITIES Any permitted use CR, Reasonably Reasonably sufficient CO, CS Anypermitted use RO,RS,RT,RM CN,CG,CH No requirement L__._J l J L___J L L___J L_ L.. J LJ L__J L _J L__ _J L_ _J l____J 1__ J l___J r--1 [--i1 1 r -i € 1 r 1 1i r l 1 1 f- 1 7 r 1 r i f D ( 1 f 1 f 1 1 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING DISTRICT RESTRICTION RT,RM CR,CH CM CO CS CN CG CB Parking or loading shall be located not less than these distances from: RO, RS, RT or RM District Boundary . . . N.R. 50 ft. 50 ft. 25 ft.a 40 ft. 20 ft. 10 ft 10 ft. Other District Boundary . . . N.R. 50 ft. N.R. 25 ft.a N.R. N.R. N.R. N.R. Street line . . . N.R. 50 ft. 50 ft. 25 ft.a 20 ft. 10 ft. N.R. N.R. Lot line other than above . . . N.R. 25 ft. 25 ft. N.R. N.R, N.R. N.R. N.R, But in no event shall parking occupy more than `"',, these percentages of a required front yard: Uses allowed in RO, RS or RT Dis- tricts on Special Permit (Subsection 12.2) . 0% 0% 0% 0% 0% 0% 0% 0% Other Uses . N.R. 25%b 25% 50%b 50%b N.R. 0% 0% And in no event shall parking occupy more than these percentages of a required side or rear yard: Uses allowed in RO, RS or RT Dis- tricts on Special Permit (Subsection 12.2) . 0% 0% 0% 0% 0% 0% 0% 0% Other Uses , N.R. N.R. 0% N.R. c 0% N.R. N.R. a. 50 feet for loading facilities b. Including walks and drives c. Not more than 50% of lot area may be occupied by parking and outdoor storage J Planned Unit sEGTION 33. The Board of Appeals may grant a special permit for Development any tract of land of ten (10) acres or more to be subdivided as a planned unit development, subject to the requirements and condi- tions <� described below. 33.1 The general objectives of planned unit developments General are to encourage: Objectives 33.11 Preservation of open space for conservation, j outdoor recreation or park purposes r-, 33.12 Better utilization of natural features of the land through a greater flexibility of design 33.13 More efficient provision of municipal services. Number of 33.2 The number of building lots in any tract of land for Building Lots which a special permit is issued shall not exceed such number of Permitted lots usable for building and conforming to the area and frontage requirements specified for RO district in Section 27 hereof, as could be contained in 85 per cent of the area of the tract to be subdivided. Portion to Re- 33.3 At least 25 per cent of the total area of such tract main Unsubdi- shall remain unsubdivided, and, except as provided below, unbuilt vided upon, and shall be used for conservation, outdoor recreation or park purposes. 1 Sizes and 33.31 Such unsubdivided land may be in one or more i J Shapes of Un- parcels of a size and shape appropriate for its intended use as subdivided Land determined by the Board of Appeals after consideration of the recommendations bf the Planning Board. Ownership of 33.32 Such unsubdivided land shall be conveyed to Unsubdivided and accepted by the Town of Lexington or to all homeowners within Land such tract jointly or to a trust the beneficiaries of which shall be the homeowners within such tract. Such trust shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes. The future ownership of such unsub- divided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit. Perpetual 33.33 When such unsubdivided land is conveyed to persons other than the Town of Lexington, the Town shall be granted -1 Easements an easement over such land sufficient to ensure its perpetual } J maintenance as conservation, recreation or park land. �✓ Access to Un- 33.34 Access at least 40 feet wide shall be provided subdivided to each parcel of such unsubdivided land from one or more streets Land in the subdivision. Paving and 33.35 A maximum of 20 per cent of such open land may Structures on be devoted to paved areas and structures used for or accessory to Unsubdivided active outdoor recreation, and consistent with the open space uses -7, Land of such land. -34- 77 Le 33.4 The following minimum standards shall be observed Reduced with respect to any reduction of street frontage or lot area permitted in a planned unit development: Frontage and 7 Area Pro- 33.41 Street frontage may be reduced to not less visions than 120 feet; lot area may be reduced to not less than 20,000 r- square feet; 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a planned unit development shall be accompanied by a preliminary subdivision Application L_ plan, a copy of which shall also be submitted to the Planning for Special Board. In addition to the information required by Rules and Regu- Permit I-- lations of the Planning Board to be shown on preiiminary subdivi- sion plans, such plan for a planned unit development shall show the following: 33.51 Soil culture of the land, such as wooded, Soil pasture, rock outcrops or swampy. f"" 33.52 Proposed landscaping and use of land which is L_ to be reserved for conservation, recreation or park use, including Proposed any proposed structures thereon. Landscaping 33.6 The Planning Board shall submit in writing to the Planning Board of Appeals its report and recommendations as to said appli- Board Rec- cation for special permit, to include at least the following: commendations 33.61 Its determination as to the number of lots usable for building. 33.62 A general description of the tract in question and surrounding areas. 33.63 An evaluation of the appropriateness of the L<, proposed development and the extent to which it accomplishes the objectives of planned unit development. 7- 3 33.64 Recommendations for the granting or denial of (--- the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of grant- ; ing the special permit, 33.7 The Board of Appeals shall not take any action on a petition for a permit for a planned unit development until the Board of Planning Board shall have submitted its written recommendations to Appeals the Board of Appeals or 45 days shall have elapsed from the date Action r' of submission of the preliminary subdivision plan and application for a special permit. In determining whether to grant a special permit for a proposed planned unit development which meets the r- -- minimum standards stated herein, the Board of Appeals shall consider: L-_ ` -35- J 33.71 The report and recommendations of the Plan- ning Board. 33.72 The general objectives of planned unit devel- fl opment. 33.73 The existing and probable future development of surrounding areas. `J 33.74 The appropriateness of the proposed develop- ment in relation to topography, soils and other characteristics of the tract in question. -� Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. -7 Compliance 33.8 Nothing contained herein shall in any way exempt With Other a proposed subdivision from compliance with the Rules and Regula- tions of the Planning Board, nor shall it in any way affect the Rules Regulations d right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a sub- division plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. Additional 33.9 The Planning Board shall not recommend and the Board of Appeals shall not grant a special permit for the subdivision of fordSpecial land into lots having the reduced area and frontage, as providedo Permit for in this subsection, if it appears that because of soil, drain- age, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or inconsistent with the purposes of planned unit development. In granting a _; special permit, the Board of Appeals shall impose such additional conditions and safeguards as public safety, welfare and conven- ience may require, either as recommended by the Planning Board or upon its own initiative. 33.10 Subsequent to a special permit granted by the Board Subsequent of Appeals under the provisions of this Section 33, and the Revision of approval of a definitive plan of a subdivision by the Planning Side and Rear Board, the location of side and rear lines of lots in such subdi- Lines vision may be revised from time to time in accordance with appli- Allowed cable laws, by-laws and regulations. Any change in the number of Other Subse- lots, the lines of streets, the reserved open space, its ownership quent Revi- or use, or any other conditions stated in the original special sions Require permit shall require a new special permit issued in accordance with New Special the provisions of this By-Law. Permit Section 34. No sign shall be erected in any district except in Sign conformity with both this By-Law and the Lexington Sign By-Law. Regulations Certain signs are prohibited in the Use Regulation Schedule, Sec- tion 25 of this By-Law, as noted at the use they pertain to. Further regulation of signs is contained in the Sign By-Law. r Further regulation of signs in RO, RS and RT districts is contained in Section 35 of this By-Law. j -+ -36- 7 - J 7- L_L Section 35. Accessory signs permitted as of right in RO, RS Accessory rand RT districts: Signs L. ` 35.1 For each family living in a dwelling: not more Residence than two signs, neither of which has sign area of more than one Identifica- square foot, bearing the name of the family or designation of tion the dwelling or both. T 35.2 For permitted uses other than single or two-family Permitted Use dwellings, taking of boarders, earth removal, or home occupa- Identifica- tions: one sign not exceeding twelve square feet in area. tion 35.3 Real estate signs not over six square feet in Real Estate total area advertising the sale or rental of the premises on Signs which they are located. 7- 35.4 Real estate signs not more than fifty square feet Real Estate L" in total area and not more than ten feet in any dimension erected Signs for and maintained on subdivisions of land as defined in General Laws, Subdivisions Chapter 41, Section 81 K, to advertise solely the selling of land or buildings in said subdivisions, but not more than one such sign shall face the same street. r- 35.5 Accessory signs allowed in RO, RS and RT districts Accessory on special permit from the Board of Appeals: Signs on j'" Special Permit 35.51 More or larger signs for the uses indi- More or Larger r cated in Subsection 35.2. Signs i 35.52 For lawfully non-conforming business or More or Larger commercial uses, more or larger signs than allowed in Section 35. Signs - Com- b mercial Signs 7 r L_ P r- -37- • n J PART 4 - DEFINITIONS J Definitions SWUM 40. For the purpose of this By-Law the following words r and terms used herein are hereby defined or the meaning thereof explained or limited: J General The word "shall" is mandatory, the word "may" is permissive. Definitions The present tense includes the future tense, the singular number includes the plural and the plural includes the singular. 'J Accessory Use ACCESSORY USE OR BUILDING: Use or building customarily incident or Building to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood. J Billboard BILLBOARD: Any sign not an accessory sign, regardless of size. BUILDING HEIGHT: The vertical distance measured from the mean --4 Building finished grade of the ground adjoining the building to the highest Height point of the roof for flat roofs, to the deck line of mansard -' roofs, and to the mean height between eaves and ridge, for gable, hip and gambrel roofs. Building BUILDING: A combination of materials having a roof and forming a shelter for persons, animals or property. The word "building" shall be construed, where the context allows, as though followed by words "or structure or part or parts thereof." 1 Diner or DINER OR LUNCH CART: A restaurant designed to externally resemble Lunch Cart a railroad dining car. 7 DRIVE-IN RESTAURANT: Any premises used for sale, dispensing or f Drive-in serving of food, refreshments, or beverages in automobiles, in- Restaurant cluding those establishments where customers may serve themselves --J and may consume the food, refreshments, or beverages on the 7 premises. Dwelling DWELLING CONVERSION: Alteration of a one family dwelling to accom- Conversion modate two families, executed such that: a. The appearance and character of a one-family dwelling is preserved. r-, b. The gross habitable floor area for each family in such , dwelling is at least 700 square feet. c. No major exterior structural changes are made, except such as may be required for safety by the Lexington i Building By-Law or General Laws of the Commonwealth. d. Stairways leading to the second or any higher floor are J enclosed within the exterior walls of the building. J J Dwelling - DWELLING, ONE FAMILY: A detached residential building. intended One Family and designed to be occupied exclusively by a single family. Dwelling Unit DWELLING UNIT: Living quarters for a single family Dwelling - DWELLING, TWO FAMILY: A detached residential building intended Two Family and designed to be occupied exclusively by two families. ' l J ERECTED: The word "erected" shall include the words "built," "con- ,-) Erected structed," "reconstructed," "altered," "enlarged," and "moved." `� FAMILY: Any number of individuals living and cooking together in a J Family single housekeeping unit. 1 -38- J FIRE LANE: An open space in which no automotive vehicles may be Fire Lane �._ parked and in which no building or structure may be erected without written permission from the Head of the Lexington Fire Department, except that buildings may be interconnected by corri- dor or walkways, if provision is made for access by fire apparatus to all outside walls. The open space shall be between a building 7- and a line parallel to and fifteen feet equidistant from a building. FLOOR AREA: The aggregate horizontal area in square feet of all r- floors of a building or several buildings on the same lot Floor Area measured from the exterior faces of walls enclosing each building, L" exclusive of garages, cellar, basement and attic areas used only - for storage or for services incidental to the operation or mainte- nance of such building or buildings. FRONTAGE, LOT: A continuous portion of the boundary between a Frontage lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street Lot lines or of street lines extended. The measurement of lot front- age shall not include jogs in street width, back-up strips and other irregularities in street line, and, in the case of a corner L__ lot may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. FRONTAGE STREET: A street which provides the required lot front- Frontage age for a building. When a lot is bounded by more than one Street street, any one of them, but only one, may be designated as the r"' frontage street by the owner, provided that the street meets the L frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement. 7- GARDEN APARTMENT: Residence for eight or more families, with at Garden least two detached or semi-detached buildings, each containing Apartment not fewer than four nor more than ten dwelling units. r-- GOLF COURSE, STANDARD OR PAR THREE: Course, including customary Golf Course, accessory buildings, where tee to hole distance averages not less Standard or than 80 yards. Par Three P HALF STORY: See "Story, Half" HOME OCCUPATION: Certain occupations engaged in within an exist- ing dwelling or a building accessory thereto by a resident thereof, Home provided that there shall be no sign, advertising device, exterior Occupation storage, or other exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or r-~ professional skills in the fields of music, dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for compensation, in such skills; and also the perform- ance of custom work of a domestic nature, such as dressmaking, millinery, and clothes washing provided that equipment utilized is L- such as is customarily incidental to residential occupancy. 7 7 -39- HOTEL, MOTOR HOTEL OR MOTEL: A building or several buildings Hotel, Motor containing 15 or more sleeping rooms for resident or transient Hotel, or guests with a provision for serving food in a public dining room, Motel but no cooking in rooms occupied by guests and no living quarters below the mean finished grade of the ground adjoining each building. Junkyard JUNKYARD: Without limiting the generality of Paragraph 25.96, the following shall be deemed to be junkyard uses: outdoor storage of two or more unregistered automobiles, except where expressly --� authorized in a special permit issued by the Board of Appeals for an automobile sales or repair business, or an accumulation in the open of discarded items not used or intended to be used by the occupant of the property. Light LIGHT MANUFACTURING: Fabrication, processing, or assembly employ- Manufacturing ing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, and free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Lot LOT: An area of land in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose. Lot Area LOT AREA: Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other street lines which, if extended, would intersect, the area may be computed as ,_ if such boundary lines were so extended. Lot, Corner LOT, CORNER: A lot bounded by more than one street which has an interior angle of 135 degrees or less formed by the tangents or -7 straight segments of street lines between the side or rear lines of such lot or by an extension of such street lines. A lot —' bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side 1 lines of the lot form, or would form if extended, an interior angle of 105 degrees or less. -1 LOT FRONTAGE: See "Frontage, Lot". MOTOR HOTEL OR MOTEL: Same as "hotel". Municipal MUNICIPAL: The word "municipal" means the Town of Lexington. 1 J Non-conforming NON-CONFORMING USE OR BUILDING: A lawfully existing use or build- --� Use or ing which does not conform to the regulations for the district in Building which such use or building exists. Open Area, OPEN AREA, PERCENTAGE; That percentage of the lot area which is `— Percentage not occupied by any structure. Parking PARKING SPACE: An area in a building or on a lot available for -1 Space parking one motor vehicle, having a width of not less than 10 feet and an area of not less than 200 square feet, exclusive of passage- 1 ways and driveways appurtenant thereto, and with free and unimpeded -40- access to a street over unobstructed passageways or driveways. r PLANNED UNIT DEVELOPMENT: A subdivision of land for one family Planned Unit dwellings on lots having reduced area or frontage or both, subject Development to a special permit issued in accordance with the provisions of r ' Section 33. L" PUBLIC: The word "public" means the Town of Lexington, Common- Public r wealth of Massachusetts, United States Government or an agency thereof. REAR LINE OF A LOT: A line separating a lot from other lots or Rear Line from land in a different ownership, being the boundary of a lot of a Lot L which is opposite or approximately opposite the frontage street. Where because of irregular lot shape, the building inspector and the lot owner cannot agree as to whether a lot line is a side or a rear line, it shall be considered a rear line. RECORDED: The due recording in the Middlesex County South Dis- Recorded E- trict Registry of Deeds, or, as to registered land, the due filing in the Middlesex County South District Land Registration Office. ROADSIDE STAND: The land and the structures thereon for sale of Roadside edible farm products, flowers, fireplace wood, preserves and Stand similar products, not less than half of which (measured by dollar volume of annual sales) have been produced or grown with- in Lexington on land owned by the owner of the stand; no goods except plants, flowers and fireplace wood shall be stored or 7 n offered for sale outdoors. L_ SANITARY SEWER: A public sanitary sewer of the Town of Lexington. Sanitary Sewer SIDE LINE OF A LOT: A line separating a lot from other lots or Side Line from land in a different ownership, other than a street line or a of a Lot L_ rear lot line. SIGN: Any device designed to inform, direct or attract attention Sign of persons not on the premises on which the sign is located, pro- vided however that the following shall not be included in the application of the regulations of this By-Law: a. Flags and insignia of any government, except when dis- played in connection with commercial promotion r- b. Legal notices, identification, informational or directional signs erected or required by governmental r bodies c. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or r moving lights d. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter r- (-' SIGN, ACCESSORY: Any sign or other advertising device which Sign, Acces- advertises, calls attention to, or indicates the person or ory activity occupying the premises on which the sign is erected or that advertises the property or some part of it for sale or lease, L_ and which contains no other advertising matter. -41- Sign, Non- SIGN, NON ACCESSORY: Any billboard or sign not an accessory accessory sign. Story STORY: That portion of a building contained between any floor f and the floor or roof next above it, but not including either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy. Story, Half STORY, HALF: A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls. Street, Road STREET, ROAD, or WAY: An area of land dedicated, approved by the or Way Planning Board, or legally open for public travel under at least one of the following classifications: a. A public way duly laid out by the Town of Lexington, the Middlesex County Commissioners, or the Common- wealth of Massachusetts, or a way which the Lexington Town Clerk certifies is maintained by public authority and used as a public way; or -� b. A way shown on a plan theretofore approved and en- dorsed in accordance with the Subdivision Control Law; or -i c. A way in existence on April 4, 1948, having, in the opinion of the Planning Board, sufficient width, suit- able grades and adequate construction to provide for the needs of vehicular traffic in relation to the pro- posed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. A public or private way as afore shall mot be deemed to be a --� "street" as to any lot of land that does not have rights of access to and passage over said way. Structure STRUCTURE: Anything constructed or erected, the use of which re- quires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, bill- boards, tanks, or the like, or the parts thereof, and swimming -� pools capable of having a depth of two feet or more at any point m and a surface area of more than one hundred square feet. However, this definition does not include a boundary wall or fence less than six feet in height above the mean finished grade of the adjoining ground. TEMPORARY STRUCTURE: Tent, construction shanty; or similarly port- Temporary able or demountable structure intended for continuous use for not Structure longer than one year. Temporary TEMPORARY USE: Use, operation or occupancy of a parcel of land, Use building or structure for a period not to exceed one calendar year. Way WAY: see "Street, Road or Way." -' n -42- I + L. IrI YARD: An open space on a lot unoccupied by any building or structure or such parts thereof as covered or uncovered porches, Yard steps, cornices, eaves and other projections; provided however (- / that fences, freestanding walls, poles, posts, and other cus- L tomary yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard, subject to height -- limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicu- lar or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto. YARD, FRONT: A yard extending between lot side lines across the Yard, Front '- lot adjacent to each street it abuts. YARD, REAR: A yard extending between the side lines of a lot Yard, Rear adjacent to the rear line of the lot. YARD, SIDE: A yard extending along each side line of a lot be- Yard, Side L tween front and rear yards. 7- L L r I L i r L_ 7 L. T L_ (-- L._ L y -43- (] r----1 r--1 i-----1 fl r [ 1 t------1 ! I !-----1 I 1 f i ! ! ! i r-i r r i I 1 1 1 I1 EXPLANATION OF SYMBOLS : , + ::::• MINIMUM REQUIRED FRONT YARD I\\\ MINIMUM REQUIRED REAR YARD LIIII�������\ ` MINIMUM REQUIRED SIDE YARD MAY BE DEFINED AS EITHER DEPTH OF FRONT, REAR OR SIDE YARD REAR OR SIDE YARD GREATER THAN THE REQUIRED MINIMUM y c, ;.;:•:�: � ofriz....:e...:,::0_40.. • pEFINED AS Y,• :% v :::* ,••.•• CORNER LOT IF . •�j!C/�lc //�� / / • �•♦'• ANGLE AT STREET ,,::::,::,.:::14t.• • 105 OR LESS '• •' r1;-••• � [' O o\ 0::::$1:::::.„, • �• ••••.. 1•.:;.::.::,CORNER LOT // ♦p•♦...• O G r '�,::::1:::•:•! :• j•r: n ri 0.00•• .l .• ••.:• �C:^�:•'�:•'WITH STREET A ..••♦••• Q'� A A \ . ................. r .•, •;r•:n AS FRONTAGE �•.•4�.'�•••.��J G p a •0 ......................�� . 'A+ I{: .t' STREET .y.4•.••• �i, �O :�♦♦oo� .•�,�.••�•♦�•o�i•�•.•i.�♦�i.••♦���•••♦•♦�`.••`♦`J.•JJ.•••0.00`•`.•00•••••�.•i••0•••.�.��•• J•�• ••t•.•c.�•T�:. •••11$1.,145%, �V 0 O is T •:.:i i•••`•i•i• ••i••.••i•�•::.....•••�.....�:••:..��`�i.... ....•......•%i••..i••ii0.�.�Oi.... ii•�•....i•:•::::�•� �'. 6.° �v %•�•.� , TANGENT ♦'...♦.!••........:....J.D.......:...!.....:,��..0�.`.....i.:%•:.�ii`:.`.��i�1�•iiD.•Oi i•/"A.�i!�•.Welte eh!i".y:A \Sv0 �••:•„•.:. FRONTAGE OF CORNER LOT-- FRONTAGE - ' ••• INCLUDED IN AREAS/ ..:,',.•::.,,' •'' • ' '•• •'•' STREET "A" OF CORNER LOTS-. • •i i •% *j � �• A%O �•t � nNee.i4:: i�.e �.j:1i•• i1$ .•�i�104*.;7) • .• ••:•: 4.••• • •••i•••j:• ::• i'i•i•i•• • iL�, i•.• i•:•i S �� ii':,s.i�x -4 4 1,-...,:.43:i.:::•::;1, =7. :% 'j t• :,:i.:;„.::\ ±.-. tu •pit: 1 v)W ` ,)♦�;•yQ.w.. .::::% ” . ::.;:.:.:\ 8-4:1r- , •?....s.....:,,4, to, ".*T.,:i.g;:c:,.,*:.1 :::::•:;•c:\ --I P tu IF::***v ••.••• • k ;:f.'""\ li • ��Z 4/ Y/iI//,/, -.A., i :•__(.1?1..,'):,i1.,::•..2.:1,-,g,.....::..: /ILLUSTRATION ARD DEFINITIONS AND MEASUREMENTS 57 (See below for new Zoning By-Law, as amended, and passed under Article 10 on the preceding page). Article 11. Presented by Lincoln P. Cole-, Jr. MOTION: That, as authorized by Section 69 of Chapter 152 of the General Laws as amended by Chapter 401 of the Acts of 1966, the terms laborers, workmen and mechanics, as used in Sections 68 to 75, inclusive, of Chapter 152, shall also include such elected or appointed officers of the Town, except selectmen or members of the police or fire force, as the Selectmen may, from time to time, designate, as evidenced by a writing filed with the Massachusetts Division of Industrial Accidents. Carried by voice vote. 10:49 P. M. Article 12. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to retain professional services for design of a suitable veteranst memorial to be located at Emery Park or other suitable place in the Town and to raise and appropriate therefor the sum of $500.00. 10:50 P. M. Allan Lee Whitman, Jr. moves to amend the motion by striking therefrom the words "Emery Park" and sub- stituting therefor the words "Cary Hail". 10:52 P. M. Arthur T. Bernier serves notice of reconsideration of Article 9. 10:52 P. M. Article 12. Motion of Mr, Thitran to amend the main motion (Cont. ) declared lost by voice vote. 10:55 P. M. Main motion, as presented by Mr. Cole, declared lost by voice vote, but voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 16 John F. Downey, Jr. 13 11 Logan Clarke, Jr. 19 6 Robert A. Bittenbender 32 2A Wallace Cupp 20 57 84 Main motion declared lost. 11 P. M. Charles E. Parks moves to adjourn meeting to Monday, June 10, 1968 at 8 P. M. 11:01 P. M. Lincoln P. Cole, Jr. moves to amend the motion of Mr. Parks by adjourning meeting to Wednesday, June 5, 1968 at 8 P. M. 11:02 P. M. Robert E. Bond moves to amend Mr. Cole's amendment by striking out the "8 P. M." and substituting therefor "7 P. H.". 11:03 P. M. Amendment as presented by Mr. Bond declared lost by voice vote, 11:05 P. M. Amendment as presented by Mr. Cole declared carried by voice vote. 11:05 P. M. Motion of Mr. Parks, as amended by Mr. Cole, declared lost by voice vote. 11:05 P. M. Article 13, Presented by Irving H. Mabee. MOTION: To raise and appropriate the sum. of $4,600.00 for the construction and installation of additions to the Civil Defense warning system and the relocation of three existing warning devices. 11:05 P. M. 59 Article 13. Donald R. Grant moves for indefinite postponement. (Cont. ) , 11:09 P. M. Frank T. Samuel, Jr. serves notice of reconsideration of Article 12. 11:13 P. M. Article 13. Howard M. Kessler speaks in favor of the motion. (Cont.) 11:20 P. M. Arthur E. Burrell, Director of Civil Defense, gives an explanation of the ,article. 11:25 P. M. Indefinite postponement declared carried by voice vote. 11:30 P. M. Article 14. Logan Clarke, Jr. moves for indefinite postponement. Carried Unanimously 11:30 P. M. Wilbur M. Jaquith moves for reconsideration of Article 10 which was declared lost by voice vote. 11:32 P. M. Martin I. Small moves for reconsideration of the second part of Article 20. 1133 P. M. ' After general discussion, Homer J. Hagedorn moves the previous question which was carried by voice vote. 11:40 P. M. Reconsideration of the second part of Article 20 was declared lost by voice vote. 11:40 P. M. Frank T. Samuel, Jr. moves for reconsideration of Article 12. 11:42 P. M. Reconsideration of Article 12 declared lost by voice vote. 11:45 P. M. Article 15, Presented by Lincoln P. Cole, Jr. MOTION: To raise and appropriate the additional sum of $765.00 for Cemetery Department - Expenses for the L _ balance of the year l968 11:47 P. M. James R. Sherman, Cemetery Commissioner, gives an explanation of the article. 11:47 P. M. Donald R. Grant states that the Appropriation Committee opposes this article. 11:48 P. M. Motion, as presented by Mr. Cole, declared lost by voice vote. 11:48 P. M. Article 16. Presented by Jules P. Sussman. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain upon the writtenrequest of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, all or any part of land described as follows: Lots 99 and 129 on Map 83, consisting of 9.25 Acres, more or less, and 2.7 Acres, L more or less, respectively, said maps being Property Maps of the Town of Levington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $24,000.00. 11:50 P. M. Mrs. Riffin states that the Planning Board is in favor. 11:55 P. H. 60 Article,16. Jack L. Mitchell states that the Capital Expenditures (Cont.) Committee is in fayor,of this article. 11:56 P. M. . Donald R, Grant, Chairman of the Appropriation^Committee, speaks against the article. 11:59 ,P. M. A Allan F. Kenney states that the Board of Selectmen is unanimously in favor of this article. 11:59 P. M. , Stillman P. Williams moves the previous question which was carried unapimously. 11:59 P. M. Standing vote on main motion taken as follows: In Favor Tellers Qpposed 1? . John F. Downey, Jr. 15 26 Logan Clarke, Jr. 2 32 Ernest A. Giroux 6 r ,Wallace Cupp 3. 104 2L. More than the required two»thirds having voted in the affirmative, the motion is declared adopted. 12:02 A. M. Robert Cataldo moves for reconsideration of Article 9. 12:02 A. M. Reconsideration of Article 9 declared carried by voice vote which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 10 John F. Downey, Jr. 21 20 Logan Clarke, Jr. 15 ° Ernest A. Giroux 20 30 Wallace Cupp 8 75 ^57 Reconsideration of Article 9 declared adopted. 12:07 A. M. Article 9. Robert Cataldo moves to amend Article 9 by striking therefrom the word ftstreet". 12:08 A. M. After general discussion, Joseph 0. Rooney moves the previous question which was declared carried by voice vote. 12:16 A. M. Standing vote taken on amendment as offered by Mr. Cataldo: In Favor ' Tellers Opposed 9 John F. Downey, Jr. 19 15 Logan Clarke, Jr. 13 20 Ernest A. Giroux 16 26 Wallace Cupp 10 70 58 Amendment adopted. 12:18 A. M. Main motion, as amended, now reads: MOTION: _ That the Selectmen behand they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire, for playground and recreational purposes, all ,or part of land described as _. follows: Lot 61 of Map 47 consisting of 20.9 acres, more or less, said map being Property Maps of the Town of Lexington irepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $45,000.00. 61 Article 9. Standing vote taken on main motion, as amended: (Cont. ) _ In Favor Tellers Opposed 9 John F. Downey, Jr. 21 19 Logan Clarke, Jr, 9 Ernest A. Giroux 22 2 Wallace Cupp 9 70 61 Main motion, as amended, declared adopted. 12:20 A. M. Article 17. Presented by Lincoln P. Cole, Jr. - MOTION: That the Selectmen be and they hereby are authorized to release lots 102 to 1011., inclusive, on Taft Avenue from the restrictions imposed in a certain deed from the Town to Jennie C. Coye and Edward E. Coye conveying lot 99 on Taft Avenue, which deed is dated October 27, 1958 and recorded in Middlesex South District Registry of Deeds, Book 9259, Page 263; that the minimum amount to be paid for such release shall be $1,00; and that the instrument of release shall be in such form as the Selectmen, by the execution thereof, shall approve. 12:21 A, M J. S. Nason Whitney raises the question regarding the presence of a quorum. The Moderator states that one hundred members constitute a quorum and that there is a quorum present. 12:23 A. M. Milton L. Gould moves for indefinite postponement of Article 17. 12:23 A. M. Indefinite postponement declared lost by voice vote. 12:26 A. M. Main motion, as presented by Mr. Cole, carried unanimously. 12:27 A. M. Article 18. Lincoln P. Cole, Jr, moves for indefinite postponement of this article. Carried Unanimously 12:27 A. M. Article 19. Presented by Eric B, Dula. MOTION: That the Selectmen be authorized to retain professional services for the preparation of-plans and specifications for the development of the so-called Old Reservoir area off Marrett Road for recreational use, including swimming, and to develop all or a portion of said area; and to raise and appropriate therefor the sum of $30,000.00. 12:28 A. M. Mr. Dila gives an explanation and shows slides. 12:11.0 A. M. Rufus L. McQuillan reads a report of the Board of Health concerning possible bacteria in the water. E--- 12:45 A. M. Robert E. Bond states that the Recreation Committee is unanimously in favor of this article. 12:52 A. M. Donald R. Grant moves for indefinite postponement. 1 A. M. Indefinite postponement declared lost by voice vote. 1:08 A. M. Main motion, as presented by Mr. Lula, declared carried by voice vote. 1:08 A. M. The Moderator thanks the Boy Scounts for manning the microphones. Lincoln P. Cole, Jr. moves that the meeting be dissolved. Carried Unanimously 1:10 A. M. 7S_e_ Town Clerk Michael A. Miller, 5 Partridge Road, resigned as a Town Meeting Member in Precinct Five as of June 10, 1968. Charles F. Brackett, 121 Grove Street, was moved up, and has accepted Town Meeting Membership in Precinct Five, filling the vacancy caused by the resignation of ,Mr. Miller. Robert G. Hargrove, 5 Loring Road, resigned as a Town Meeting Member in Precinct Four as of June 21, 1968. Joseph A. Trani, 11 Slocum Road, was moved up, and has accepted Town Meeting Membership in Precinct Four, filling the vacancy caused by the resignation of Mr. Hargrove. R a � rt P o i s T 1 n 6 (Warrant for Special Election - See Warrant Book) SPECIAL ELECTION - REFERENDUM - DOG LEASH LAW HELD JULY 1, 1968 In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington Monday, July the first in the year of our Lord nineteen hundred and sixty-eight at seven-thirty o'clock in the forenoon. The following places were .designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, 7- Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct .__ Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field F Marjorie E. Wirpio Clerk Agnes Heimlich Eileen J. Fradette Inspector Henry P. Meade Virginia M. Warner Inspector Alice G. Marshall Precinct Three Precinct Four Randall W. Richards Warden Michael J. Lovezzola Edna R. Anderson Clerk Mary G. Oliver Dolores M. Swan Inspector Mary G. McCauley Marjorie Modoono Inspector Florence M. Boone Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey Alice L. Osgood Inspector Sally S. Hooper Ida B. Fisk Inspector Irene V. Fenerty The polls were declared open in each precinct at seven-thirty o'clock A. M. and remained open until eight o'clock P. M., at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,890 (Twenty-eight hundred ninety) Precinct Two 2,11.19 (Twenty-four hundred nineteen) Precinct Three 2,309 (Twenty-three hundred nine) Precinct Four 2,287 (Two thousand two hundred eighty-seven) Precinct Five 2,683 (Twenty=six hundred eighty-three) Precinct Six 2,4.70 (Twenty-four hundred seventy) Total 15,058 . (Fifteen thousand fifty-eight) The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 737 (Seven hundred thirty-seven) Precinct Two 592 (Five hundred ninety-two) Precinct Three 677 (Six hundred seventy-seven) Precinct Four 653 (Six hundred fifty-three) Precinct Five 809 (Eight hundred nine) Precinct Six 712 (Seven hundred twelve) Total 4.,180 (Forty-one hundred eighty) 64 QUESTION NO. ONE "Shall the town vote to approve the action of the representative town meeting whereby it was voted to amend Section 2 of Article XVII of the General By-Laws so as to provide that no dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate restraint and control of some person by means of a leash or effective command and providing for a fine of not more than ten dollars for each violation thereof." Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Total Yes 515 410 416 435 538 490 2,804 No 202 162 245 207, 257 192 1,265 Blanks 20 20 16 11 3o 111 Totals 737 592 677 653 809 712 4,180 In accordance with Chapter 381 of the Acts of 1954, Article 20 as passed at the Special Town Meeting held on June 4, 1968 was approved. -111(4', Town Clerk Harriet V. Reiman, 4 Bennington Road, resigned as a Town MeetingI] Member in Precinct Four as of July 15, 1965. Burton L. Williams, 17 Dane Road, was moved up, and has accepted Town Meeting,Meibership in Precinct Four, filling the vaoamy caused by the resignation of„Mrs. Relman. Arthur E. Bryson, Jr., 20 Loring Road, resigned as a Town Meeting Member in Precinct Four as of July 31, 1968. As there is no defeated candidate available to fill the vacancy caused by Mr. Brysonts resignation, a Special Election for the Town Meeting Members of Precinct Four only will be held on Wednesday, September 11, 1968 at 7:30 P. M. in Estabrook Hall. 6 SPECIAL ELECTION TOWN MEETING MEMBERS ... PRECINCT FOUR SEPTEMBER 11, 1968 A special election for Town Meeting Members of Precinct Four only was held in Estabrook Hall at 7:30 P. M. to fill the vacancy caused by the resignation of Arthur E. Bryson, Jr. As there is no defeated available, it is necessary for the existing members to elect a. member from among the registered voters of Precinct Four. There were 28 Town Meeting Members from Precinct Four present. Otis S. Brown, Jr. was chairman of the meeting and Jacqueline B. Davison was Clerk. � ! The following nominations' were made from the floor: Jacqueline B. Davison nominated: Robert A. Bowyer 7 Woodcliffe Road Richard K. Eaton nominated: Francis W. Birch 7 Cutler Farm Road" Joseph A. Campbell nomirsted: " Frederick J. Conroy r 5 John Poulter' Road Eric B. Kula nominated: Frank P. t)iGiammarino 22 Munroe Road Mrs. Davison withdrew her nomination of Robert A. Bowyer. Voting was by paper ballot with the result as follows: Frederick J. Conroy 13 Frank P. DiGiammarino 12 Francis W. Birch 3 28 Frederick J. Conroy was duly elected as a Town Meeting Member in Precinct Four for a term ending March 1969. L _ r Town Clerk Mary R. McDonough, Town Clerk September 11, 1968 Lexington, Massachusetts Dear Miss McDonough: ' " I hereby accept a Town Meeting Member position in the Town Meeting Membership of Precinct Four for a term ending in March 1969. /Signed/ Frederick J. Conroy 5 John Poulter Road " ° 66 SPECIAL TOWN-1? TING HELD SEPTEMBER 11, 1968 . _ Meeting called to order by the Moderator, Robert B. Kent at 8:10 P. M. There were 136 Town Meeting Members present, Invocation offered -by Richard K, Eaton, Town `Meeting Member from Precinct Four. 8:11 P. M. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived. 8:12 P. M. The Town Clerk read the Constable's Return of the Warrant. 8:12 P. M. Article 1, Donald R. Grant moves that the Appropriation Committee Report be accepted and placed on file. 8:13 P. M. Allen Lee Whitman, Jr, asks for an explanation of the report. 8:13 P. M. Motion, as presented by Mr. Grant, declared carried by voice vote. ` 8:13 P. M. Article 2. Presented by Mr. Cataldo. MOTION: That the Selectmen be anti they hereby are auth•. orized to accept Federal funds as a contribution towards ' the cost of construction of the sewer main or mains authorized by vote adopted under Article 16 of the Warrant for the 1965 Annual Town Meeting, being a sewer main or mains in such locations as the Selectmen may determine from the existing North Lexington Pumping Station to the existing sewer main located in Hamilton Road, and to expend, in addition to money appropriated under said Article 16 and under Article 9 of the Warrant for the June 12, 1967 Special Town Meeting, any such Federal funds together with any funds allotted to the Town by the Commonwealth-for water pollution control purposes for the aforementioned project. 8:14 P. M. Mr.. Cataldo gives explanation. 8:18 P. M. Various speakers. Jack L. Mitchell states that the Capital Expenditures Committee recommends favorable action on this article. 8:27 P. M. Main motion, as presented by Mr. Cataldo, carried unanimously. 8:28 P. M. Article 3. Presented by Lincoln P. Cole, Jr. MOTION: To appropriate—the additional sum of $10,000.00 for Veterans' Benefits....Aid & Expenses for the year 1968, and to provide for payment of said sum by transfer from the Excess and Deficiency Account. Carried Unanimously 8:30 P. M. Lincoln P. Cole, Jr. moves that the meeting be dissolved. Carried Unanimously. 8:31 P. M. t V7( i o 1 )r ,.-1/(.J/ Town Clerk 67 (WARRANT FOR STATE PRIMARY - See Warrant Book) STATE PRIMARY September 17, 1968 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 17, 1968 at 7:30 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct r— Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School Building; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Henry P. Meade Edna F. Marshall Inspector Mary ,C. Casey Margaret S. Magner Inspector Ann M. Baum Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary J. Oliver Dolores M. Swan Inspector Mary G. McCauley Marjorie Modoono Inspector Ida B. Fisk Winifred E. Ivester Inspector Catheryne M. Ferry Maude A. O'Neill Inspector Helen C. Rooney Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey Mary F. Irwin Inspector Sally S. Hooper Alice L. Osgood Inspector Irene V. Fenerty Rose J. Grant Inspector Florence M. Boone Margaret S. Wilson Inspector Mary V. Spencer The polls were declared open in each precinct at seven-thirty o'clock A. M. and remain open until eight o' clock P.M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,978 Twenty-nine hundred seventy-eight Precinct Two 2,499 Twenty-four hundred ninety-nine Precinct Three 2,372 Twenty-three hundred seventy-two Precinct Four 2,371 Twenty-three hundred seventy-one --- Precinct Five 2,766 Twenty-seven hundred sixty-six Precinct Six 2,537 Twenty-five hundred thirty-seven Total 15,523 Fifteen thousand five hundred twenty-three Reconciliation sheets were delivered to the Town Clerk at her office. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: 68 Precinct One Ballots Cast: Rep. 110 Dem. 277 Total 387 Precinct Two Ballots Cast: Rep. 81 Dem. 247 Total 328 Precinct Three Ballots Cast: Rep. 168 Dem. 194. Total 362 Precinct Four Ballots Cast: Rep. 142 Dem. 203 Total 345 Precinct Five Ballots Cast: Rep. 161 Dem. 257 Total 418 Precinct Six Ballots Cast: Rep. 139 Dem. 219 Total 358 Totals Ballots Cast: Rep. 801 Dem.1,397 Total 2,198 REPUBLICAN PARTY PR. 1 PR. 2 PR. 3 PR. 4. PR.5 PR.6 TOTAL CONGRESSMAN - FIFTH DISTRICT F. Bradford Morse 108 78 162 140 155 132 775 Blanks 2 3 6 2 6 7 26 Totals 110 81 168 14.2 161 139 801 COUNCILLOR - SIXTH DISTRICT Harry G. Chicckles 97 65 149 123 120 119 673 Blanks 13 16 19 19 41 ° 20 128 Totals 110 81 168 142 161 139 801 SENATOR - SEVENTH MIDDLESEX DISTRICT Ronald C. MacKenzie 107 76 160 140 148 124 755 Blanks 3 5 8 2 i3 15 46 Totals 110 81 168 142 161 ,139 801 REPRESENTATIVE IN GENERAL COURT SEVENTH MIDDLESEX DISTRICT PRECINCT ONE ONLY Gregory B. Khachadoorian 105 -- -- -- -- -- 105 Blanks 5 -- -- -- -- -- 5 Totals 110 -- -- -- -- -- 110 REPRESENTATIVE IN GENERAL COURT ° TWENTY-FOURTH MIDDLESEX DISTRICT PRECINCTS TWO THROUGH SIX Lincoln P. Cole, Jr. -- 77 154 13 14 5 132 642 Blanks -- 14 16 7 9 Totals -- 81 168 14.2 161 139 691 COUNTY COMMISSIONERS - MIDDLESEX COUNTY Jesse A. Rogers 1 1 12 2 2 4 22 Allan F. Kenney 0 0 0 0 0 1 1 Blanks 219 161 324 282 32o 273 1,579 Totals 220 162 336 284 322 278 1,602 SHERIFF - MIDDLESEX COUNTY George C. Robinson 5 1 11 1 3 6 27 Richard J. Barry 0 0 0 0 0 1 1 Blanks 105 80 157 141 158 132 773 Totals 110 81 168 142 161 139 801 69 DEMOCRATIC PARTY PR. 1 PR. 2 PR. 3 PR. 4 PR.5 PR.6 TOTAL CONGRESSMAN - FIFTH DISTRICT Robert C. Maguire 202 176 137 152 186 162 1,015 John F. Cogan 1 0 0 0 0 0 1 Blanks 74 71 57 __ 51 71 57 381 Totals 277 247 194 203 257 219 1,397 COUNCILLOR - SIXTH DISTRICT G. Edward Bradley 160 122 109 119 140 141 791 Blanks 117 125 85 84 117 78 606 Totals 277 247 194 203 257 219 1,397 SENATOR - SEVENTH MIDDLESEX DISTRICT Christom G. Larsin 37 39 20 32 35 32 195 John J. Maguire 218 193 165 164 214 181 1,135 Blanks 22 15 9 7 8 6 67 Totals 277 247 194 203 257 219 1,397 REPRESENTATIVE IN GENERAL COURT SEVENTH MIDDLESEX DISTRICT PRECINCT ONE ONLY Marvin H. Glaser 231 0 0 0 0 0 231 Blanks o 0 0 0 0 46 Totals 277 0 0 0 0 0 277 REPRESENTATIVE IN GENERAL COURT TWENTY-FOURTH MIDDLESEX DISTRICT PRECINCTS TWO THROUGH SIX David O. McGavern 0 205 167 170 221 172 935 Blanks 0 42 27 33 36 47 185 Totals 0 247 194 203 257 219 1,120 COUNTY COMMISSIONERS - MIDDLESEX COUNTY Frederick J. Connors 116 77 60 68 93 83 497 John F. Dever, Jr. 130 123 96 111 110 91 661 William J. Buckley 120 110 97 105 124 113 669 Margaret M. Joyce 1 0 0 0 0 0 1 Daniel E. Power 0 0 1 0 4 1 6 Joseph Cronin 0 0 0 0 1 0 1 Blanks 187 184 134 122 182 150 959 Totals 554 494 388 406 514 438 2,794 SHERIFF - MIDDLESEX COUNTY Howard W. Fitzpatrick 119 100 75 90 98 103 585 Charles J. Biondo 96 86 74 77 100 77 510 Blanks 62 61 45 36 59 39 302 Totals 277 247 194 203 257 219 1,397 uJk., ,,,,,,,,k Town Clerk 7 6 (See Warrant Book) STATE ELECTION November 5, 1968 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in Laid Town of Lexington on Tuesday, November 5, 1968 at seven o'clock inthe forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School; Presidential & Vice Presidential Electors Only, Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R Mary E. Clifford Warden R-Ilda J. Field' R Marjorie E. Wirpio Clerk R-Agnes Heimlich R Ida B. Fisk Inspector R-Alice G. Marshall D Eileen J. Fradette Inspector D-Henry P. Meade D Edna F. Marshall Inspector D-Maude A. O'Neill D Margaret S. Magner Inspector D-Ann M. Baum Precinct Three Precinct Four D Randall W. Richards Warden D-Michael Lovezzola R Edna R. Anderson Clerk D-Mary G. Oliver D Marjorie Modoono Inspector D-Helen C. Rooney D Mary C. Casey Inspector R-Mary G. McCauley R Dolores M. Swan Inspector R-Caroline F. Deloury R Winifred E. Ivester Inspeetor R-Catheryne M. Ferry Precinct Five Precinct Six D Joseph 0. Rooney Warden D-Mary J. Ferry D Helen L. Perry Clerk D-Elizabeth F. Downey D Alice L. Osgood Inspector R-Sally S. Hooper R Mary F. Irwin Inspector R-Florence M. Boone R Rose J. Grant Inspector R-Irene V. Fenerty R Margaret S. Wilson Inspector D--diary-V. Spencer Presidential and Vice Presidential Electors Only R Virginia M. Warner Warden D Laurent A. Gauthier Clerk The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M., at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 3,084. Three thousand, eighty-four Precinct Two 2,607 Twenty-six hundred, seven Precinct Three 2,4.70 Twenty-four hundred, seventy Precinct Four 2,476 Twenty-four hundred, seventy-six -- Precinct Five 2,856 Twenty-eight hundred, fifty-six Precinct Six 2,635 Twenty-six hundred, thirty-five 16,128 Sixteen thousand, one hundred twenty-eight Reconciliation sheets were delivered to the Town Clerk at her office. 71 The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Ballots Cast Precinct One 2,711 Twenty-seven hundred, eleven Precinct Two 2,230 Twenty-two hundred, thirty Precinct Three 2,207 Twenty-two hundred, seven Precinct Four 2,259 Twenty-two hundred, fifty-nine Precinct Five 2,591 Twenty-five hundred, ninety-one Precinct Six 2,382 Twenty-three hundred, eighty-two 14,380 Fourteen thousand, three hundred eighty r- President & Vice- President Only 108 One hundred eight - 14,488 Fourteen thousand, four hundred eighty-eight PRESIDENT AND VICE PRESIDENT Partial Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Ballot Totals Nixon & Agnew 961 864 1068 955 1166 1024 37 6,075 Humphrey & Muskie 1632 1308 1081 1233 1344 1273 70 7,941 Bloren & Taylor 17 11 5 10 17 7 0 67 Munn & Fisher 3 1 1 2 1 0 0 8 Wallace & Griffin 60 37 23 23 45 46 0 234 Blanks 38 9 29 36 18 32 1 163 Totals 2711 2230 2207 2259 2591 2382 108 14,488 CONGRESSMAN (Fifth District) F. Bradford Morse 1460 1330 1530 1457 1689 1463 8,929 Robert C. Maguire 932 862 505 615 706 687 4,307 William C. Nowlin, Jr. 1 0 0 0 0 0 1 Blanks 318 38 172 187 196 232 1143 Totals 2711 2230 2207 2259 2591 2382 14,380 COUTNCILLOR (Sixth District) Harry G. Chickles 1003 912 1145 1018 1213 1024 6,315 G. Edward Bradley 1038 864 583 716 777 806 4,784 Blanks 670 454 479 525 601 552 3,281 Totals 2711 2230 2207 2259 2591 2382 14,380 SENATOR (Seventh Middlesex District) Ronald C. MacKenzie 1146 1061 1293 1238 1434 1234 7,406 John J. Maguire 1251 1012 742 816 943 944 5,708 Blanks 314 157 172 205 214 204 1,266 Totals 2711 2230 2207 2259 2591 2382 14,380 REPRESENTATIVE IN GENERAL COURT Seventh Middlesex District Gregory B. Khachadoorian 1163 1,163 Marvin H. Glaser 1202 1,202 Blanks 346 346 --- Totals 2711 2,711 REPRESENTATIVE IN GENERAL COURT Twenty-fourth Middlesex District Lincoln P. Cole, Jr. 1108 1338 1213 1449 1304 6,412 David 0. McGavern 1041 726 889 9!9 882 4,487 Blanks 81 143 157 193 196 770 Totals 2230 2207 2259 2591 2382 11,669 72 COUNTY COMMISSIONERS (Middlesex County) Pr. 1 Pr. 2 Pr. 3 Pr. 4 Pr. 5 Pr. 6 Totals Frederick J. Connors 1217 1050 841 869 987 1010 5,974 John F. Dever, Jr. 1311 1114 848 905 1012 1026 6,216 Donald B. White 0 2 0 0 2 0 4 Daniel E. Power 0 4 0 1 2 0 7 Joseph M. Cronin .0 0 0 1 0 0 1 Blanks 2894 2290 2725 2742 3179 2728 16,558 Totals 5422 4460 4414 45i8 5182 4764 28,760 SHERIFF (Middlesex County ) - Howard W. Fitzpatrick-1312 1132 876 922 1035 1074 6,351 Blanks 1399 1098 1331 1337 1556 1308 8,029 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 1 (INCREASE TO 10 DAYS GOVERNORIS ACTION ON LEGISLATIVE MEASURES) Yes 1751 1522 1580 " 1637 1840 1652 9,982 No 489 387 339 308 416 379 2,318 Blanks 471 321 288 314 335 351 2,080 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 2 (GRADUATED INCOME TAX) Yes 880 761 701 821 950 797 4,910 No 1398 1186 1233 1159 1389 1270 7,635 Blanks 433 283 273 279 252 315 1,835 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 3 (VACANCY - POSITION OF GOVERNOR) , Yes 1506 1295 1392 1378 1544 1416 8,531 No 668 564 481 518 658 552 3,441 -_ Blanks 537 371 334 363 389 414 2,408 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 4 (CONSTITUTIONAL CONVENTION) Yes 1492 1234 1276 1307 1518 1338 8,165 No 486 527 490 488 588 527 3,106 Blanks 733. = 469 441 464 485 517 , 3,109 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 5A (ALL LIQUORS ON PREMISES) Yes 949 782 683 765 817 731 4,727 No 1291 1078 1165 1108 1372 1258 7,272 Blanks -471 370 359 386 402 393 2,381 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 5B (WINES & MALT BEVERAGES ON PREMISES) Yes 988 808 725 801 889 760 4,971 No 1169 986 1080 986 1274 1182 6,677 -- Blanks 554 436 402 472 428 440 2,732 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 5C (PACKAGE STORES) Yes 1778 1488 1486 1541 1804 1614 9,711 No Blanks 401 2 280 62 268 3 97 298 281j. 1,823 Totals 2711 2230 2207 2259 2591 2382 14,380 73 QUESTION NO. 5D (HOTEL LIQUOR) Pr. 1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals Yes 1664 1383 1384 1423 1636 1490 8,980 No 566 509 519 480 615 545 3,234 Blanks 481 338 304 356 340 347 2,166 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 5E (CLUB & WAR VETERANS LIQUOR) Yes 1317 1056 981 1028 1213 1106 6,701 .® No 88o 788 848 811 988 887 5,202 Blanks 514 386 378 420 390 389 2,477 Totals 2711 2230 2207 2259 2591 2382 14,380 QUESTION NO. 6 (CAPITAL PUNISHMENT) Yes 1108 893 856 8o7 1060 1005 5,729 No 1300 1128 1145 1239 1300 1141 7,253 Blanks 303 209 206 213 231 236 1,398 Totals 2711 2230 2207 2259 2591 2382 14:380 QUESTION NO. 7 (RAILROAD SERVICE TO BOSTON) Yes 1825 1639 1404 1633 1851 1704 10,056 No 459 276 325 323 439 367 " 2,189 Blanks 427 315 478 303 301 311 2,135 Totals 2711 2230 2207 2259 2591 2382 14,380 / J UU [7 Town Clerk Rufus L. McQuillan, 35 Tower Road, town meeting member in- Precinct Two, died on November 3, 1968. Allan Green, 17 Moon Hill Road, was moved up, and has accepted Town Meeting Membership in Precinct Two, as of November 13, 1968, filling the vacancy caused by the death of Mr. McQuillan. 74 (WARRANT FOR ANNUAL TOWN MEETING - See Warrant Book) ANNUAL TOWN MEETING March 3, 1969 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March the Ti rd:-.,in the year of our Lord nineteen hundred and sixty-nine at 7:00 in the forenoon. The following places were designated as the voting places for r� the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Margaret Wilson Eileen J. Fradette Inspector Alice G. Marshall Margaret S. Magner Inspector Ida B. Fisk Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Dolores M. Swan Inspector Helen C. Rooney Mary C. Casey Inspector Edna F. Marshall Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk- Elizabeth F. Downey Mary F. Irwin Inspector Sally S. Hooper Mary V. Spencer Inspector Irene V. Fenerty Ann M. Baum Inspector Florence M. Boone The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P.M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,875 (Twenty-eight hundred, seventy-five) Precinct Two 2,475 (Twenty-four hundred, seventy-five) Precinct Three 2,396 (Twenty-three hundred, ninety-six) Precinct Four 2,384. (Twenty-three hundred, eighty-four) Precinct Five 2,707 (Twenty-seven hundred, seven Precinct Six 2,506 (Twenty-five hundred, six) 15,343 (Fifteen thousand, three hundred forty-three) Reconciliation sheets were delivered to the Town Clerk at her office. The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 626 (Six hundred twenty-six) Precinct Two 716 (Seven hundred sixteen) Precinct Three 757 (Seven hundred fifty-seven) Precinct Four 6L9 (Six hundred forty-nine) Precinct Five 731 (Seven hundred thirty-one) Precinct Six 54.7 (Five hundred forty-seven) 4.,026 (Four thousand, twenty-six) 75 Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals SELECTMEN Robert Cataldo 353 411 418 320 375 298 2,175 Fred C, Bailey 4.06 4.00 534 467 499 335 2,641 David 0. McGavern 229 320 316 298 327 263 1,753 Richard G. Seed 63 66 82 47 69 63 390 Blanks 201 _235 - 16,t 166 - 192 -1,5 1,093 Totals 1,252 1,11.3 2 1,514 1298 1,462 1,094 8,052 Robert Cataldo and Fred C. Bailey elected Selectmen for three r— years. TOWN CLERK Mary R. McDonough 501 568 64.7 544 584 450 3,294 Blanks 125 _ILL 110 105 147 97 732 Totals 626 716 75?_ 64.9 731 54.7 4,026 Mary R. McDonough elected Town Clerk for one year. TOWN TREASURER Paul G. Yewell 442 502 595 493 530 390 2,952 Blanks I 21 162 156 201 157 12074 _ Totals 626 716 757 649 731 547 4,026 Paul G. Yewell elected Town Treasurer for one year. MODERATOR Robert B, Kent 4.60 535 624 543 594 422 3,178 Blanks 166 181 133 106 137 _ig5 84.8 Totals 626 716 ?57 64.9 731 547 4,026 Robert B. Kent elected Moderator for one year. COLLECTOR OF TAXES Doris E. Barclay - 464 519 615 518 559 4.07 3,082 Blanks - 162 197 11.2 131 172 14.0 9L4 Totals 626 716 757 649 731 547 4,026 Doris E. Barclay elected Collector of Taxes for one year. SCHOOL COMMITTEE for Three Years Elizabeth H. Clarke 347 419 44+0 429 4.28 282 2,34:5 Robert Duncan Enzmann 206 220 239 187 257 208 1,317 Blanks 73 77 78 33 _4-6 57 3611. Totals 626 716 ?57 64.9 731 547 4,026 Elizabeth H. Clarke was elected to the School Committee for three years. PLANNING BOARD Donald M. Graham 336 384 4.62 1t4)1 456 310 2,392 Warren Roberts 173 1?7 174. 123 1?7 120 944. Blanks 117 155 121 _ 82 98 117 690 Totals 626 716 757 64.9 731 54.7 4,026 Donald M. Graham was elected to the Planning Board for five years. CEMETERY COMMISSIONER James R. Sherman 416 4.54 54.8 478 516 384 2,796 Blanks 210 262 209 171 215 163 1,230 Totals 626 716 757 649 731 547 4,026 James R. Sherman was elected Cemetery Commissioner for three years. 7 6 Pr. 1 Pr.2 Pr. 3 Pr. 4 Pr.5 Pr.6 Totals LEXINGTON HOUSING AUTB..-ORITY Newton E. Bennett- 116 100 266 150 213 127 972. Daniel E. Power 202 204 261 255 263 220 1,405 Michael P. Vidette 253 320 151 184 176 147 1,231 Blanks 55 92 79 60 79 53e A18 Totals 626 716 757 649 731 514.74 ,026 Daniel E. Power was elected to the Lexington Housing Authority for five years. _ QUESTION NUMBER ONE (SELECTMEN- TOWN MANAGER) Yes ,262 324 329 309 328 250 102 No 185 193 230 157 201 183 1,149 -- Blanks 179 199 198 183 202 ll . 1,075 Totals 626 716 757 649 731 547 4,026 TOWN MEETING MEMBERS - PRECINCT ONE _ *J. Keith Butters 312 *Jules P. Sussman 2?3 *James Cataldo 288 *Weiant Wathen-Dunn 270 Wallace Cupp 246 *Ephraim Weiss . :315 *Homer J. Hagedorn 337 *Ralph A. Cataldo 255 *Franklin C. Hudson 304 *Barry F. Daley 301 Howard M. Kassler 292 Vincent A. McCrossen 163 William F. Mason 179 William H. McLaughlin 179 *Jack L. Mitchell ' 276 Richard G. Seed 136 Lotte E. Scharfman 242 *John J. Seitz 316 Robert S. Wilson 216 *Elected for three years. Blanks 2,612 **Elected for two years. TOWN MEETING MEMBERS - PRECINCT TWO 1 . *Eric T. Clarke 293 *Norman N. Connolly 232 :-John F. Downey, Jr. 270 *David B. Cushman 227 -- *Elizabeth M. Flynn 252 *Luigi R. DiNapoli 264 *Angela E. Frick 265 *Arthur F. Douglass : 247 *Allan Green 249 Gloria V. Holland 1699 William C. Hays 190 Robert R. Howard, Jr. Harold E. Roeder 171 Hershel Jick 211 *Douglas T. Ross 228 Morris W. Lindman r 134 *Judith J. Totman 266 Robert George Sweet 176 **Georgia H. Williams 215 Rolla M. Tryon 201 **Sidney B. Williams 215 Chester N. Winter 178 Joel G. Berman 76 Paul Winter190' Blanks 3,525 *Elected for three years. **A tie to be decided at special election before Town Meeting March 17, 1969. TOWN KING MEMBERS - PRECINCT THREE *Shirley D. Bayle 291 Gilman W. Haven 147 Charles H. Cole, 2nd 389 Mark Lichtenstein 211)1 *Charles F. Gallagher, Jr. 362 *Russell B. Mason 291 Frederic R. Hartstone 216 George F. McCormack - 266 *Wilbur M. Jaquith 308 Gordon R. Osgood 236 *William R. Page 355 Arthur J. Pennell 282 *Richard H. Soule 3?9 Warren Roberts 193 *Francis T. Worrell 289 *William T. Spencer 285 *Leslie H. York 34-7 Reed Kingston Taylor - 254 Irving Goldberg 164 James Zisson 162 ,Donald M. Graham 372 Blanks 2,475 *Elected for three years. 77 TOWN MEETING MEMBERS - PRECINCT FOUR *Wallace B. Baylies, Jr. 304 *Joseph A. Trani 254 Stanley A. Brown 203 Burton L. Williams 173 ***Joseph A. Campbell 225 *Robert A. Bowyer 279 Frederick J. Conroy 202 Bernard F. Burke 117 *Evert-N. Fowle 316 E. Crawley Cooper 73 *Martin A. Gilman 258 Leslie L.R. Davies 173 *Betty S. Jones 251 ::-James F. Penske 347 *Robert H. Kingston 269 nnCellen S. Fowle 21.6 *Eric B. Kula 264 Edward E. Eurash 114 *Donald P. Noyes 2148 Robert M. Gary 193 William L. Potter 204 John M. Lucente 59 *Margaret F. Rawls 271 Joseph E. Molloy 93 * Norman J. Richards 219 Florence Peyton George E. Rowe, Jr. 199 Joel B. Resnick 17 **Paul V. Riffin 239 Sidney K. Whiting 119 Blanks 3,471 *Elected for three years. **Elected for two years. i* Elected for one year. TOWN MEETING ImahS -PRECINCT FIVE *G. Richard Beamon 299 Joyce L. Defandorf 122 *Charles F. Brackett 297 ***Robert M. Earsy 247 J. Haskell Casey, Jr. 210 Helen June Ekstrom 121 *Roy Edward Cook 262 *Manfred P. Friedman 297 *William P. Fitzgerald 326 James L. Grant 197 *Barbara M. Harvell 419 Robert G. Hargrove 216 Richard Kimball 221 Robert J. Harris 169 Christine H. Meyer 238 Charles F. MacDonald 145 *Paul B. West 297 Gordon D. MacKay 230 *Allen Lee Whitman, Jr. 308 Leo P. McSweeney 119 **Lloyd S. Beckett, Jr. 254 *David Reiner 275 Lorraine F. Converse 183 *Frank Sandy 261 *Elected for three years. *William J. Scouler 268 **Elected for two years. Blanks 3,522 ***Elected for one year. TOWN MEETING MEMBERS -PRECINCT SIX *Leon A. Burke, Jr. 23I. *Ralph H. Hall 166 Frank Compagnone- 129 John R. Holt 164 Raymond J. Culler 158 James L. Jones 164 *Joseph J. Downey 192 Edwin M. Kellogg 161. James W. Lambie 161 Leo C. Lentini 98 *John J. Maguire 263 *Diane Lund 236 *Richard A. Michelson 234 *Robert F. McSweeney 171 *Richard I. Miller 174 *David Page Norcross 193 Ernest E. Outhet 11..0Lewis I. Rubin 125 *Richard M. Perry 182 Edward Sahatjian 132 *Alfred L. Viano 207 Jack E. Stover X112 George H. Doughty, Jr. 131 Blanks 2,057 *Elected for three years. W(A ii. /` 0 0 Town Clerk March 4, 1969 L_ To Whom it May Concern: As of this fourth day of March, 1969, I do hereby appoint Rita J. McNamara as Assistant Town Clerk ofpthe Town of Lexington. i Town Clerk 78 Fred C. Bailey, .$ Coolidge Avenue, resigned as a Town Meeting Member in Precinct Three as of March I{., 1969. Arthur J. Pennell, 6 Upland Road, was moved up, and has accepted Town Meeting Membership in Precinct Three, filling the vacancy caused by the resignation of Mr. Bailey. SPECIAL ELECTION TONT MEETING MEMBERS - PRECINCT TWO MARCH 17, 1969 A special election for Town Meeting Members of Precinct Two only was held in Estabrook Hall at 7:30 P. M. to determine the winner of a one year term between Georgia H. Williams and Sidney B. Williams because of a tie vote at the Annual Town Election held March 3, 1969. Frederick C. Frick acted as Chairman of the meeting and Melvin G. Holland acted as Clerk. There were 19 Town Meeting Members from Precinct Two present. The result of the paper ballot voting is as follows: Georgia H. Williams 0 . Sidney B. Williams 19 Total 19 Sidney B. Williams was declared the winner of the one year I] term ending in March 1970. ))V49(rvi-o-t-,43/!s o Town Clerk 7.9 ANNUAL TOWN MEETING HELD MARCH 17, 1969 The meeting was called to order by the Moderator, Robert B. Kent, at 8 P. M. There were 195 Town Meeting Members present. Invocation offered by Monsignor George W. Casey of Saint Brigid's Church. 8:02 P. M. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived. 8:03 P. M. The Town Clerk read the Constable's Return of the warrant. 8:03 P. H. Article 2. Robert M. Gary moves that the Report of the Appropriation Committee Report be accepted and placed on file. Carried Unanimously 8:03 P. M. Jack L. Mitchell moves tht the Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:04 P. M. Margery M. Battin moves that the Structure of Town Government Committee Report be accepted, placed on file and the committee discharged. Carried Unanimously 8:04 P. M. William R. Whalon moves that the Report of the Regional Refuse Disposal Planning Committee be accepted and placed on file. Carried Unanimously 8:05 P. M. Frank H. Totman, Jr. moves that the Report of the Lexington Hunting Safety Committee be accepted and placed on file. The report was filed by Stanley A. Brown, Chairman of the committee. Carried Unanimously 8:05 P. M. Article 3. Presented by Robert Cataldo. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzann E. Cary for the current year. Carried Unanimously 8:06 P. M. Article 4. Presented by Robert Cataldo. MOTION: That the following amounts be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. Selectmen's Department #1000 Personal Services $ 41,316.00 1050 Expenses 6,300.00 8:08 P. H. Selectmen's Jurisdiction 10?5 Clerical Labor Pool 6,000.00 L 1125 Fire & Police Medical 1,000.00 1130 Guides Director 1,000.00 1135 Out of State Travel 4,400.00 114.0 Training & Travel - Out of State 2,400.00 1145 Community Services 625.00 1146 Juvenile Services 6,100.00 8:08 p. M. 0 Article 4. Town Clerk's Department (Cont. ) #1150 Personal Services $ 17,415.00 1200 Expenses 1,000.00 1250 Vital Statistics 525.00 8:09 P. M. Trustees of Public Trusts 1450 Expenses450.00 8:09 P. M. Board of Appeals 1500 Personal Services 2,795.00 1550 Expenses 1,700.00 —' 8:09 P. M. Planning Board 1600 Personal Services 19,752.00 1650 Expenses M. 3,950.00 8:10 P. Insurance 1700 Group 113,600.00 1750 Municipal Property 87,500.00 8:10 P. M. Printing Town Report 1760 Expenses 6,000.00 8:10 P. M. Office Services 1770 Expenses 1,800.00 8:10 P. M. Law Department 1775 Fees 33,000.00 1800 Expenses 5,000.00 Ephraim Weiss moves to amend Account #1775 by striking therefrom the figure $33,000.00 and substituting therefor the figure $33,500.00. 8:12 P. M. Amendment, as offered by Mr. Weiss, declared lost by voice vote. 8:14 P. M. Elections 1900 Jurisdiction Selectmen 6:380.00 1950 Jurisdiction Town Clerk 3,400.00 8:15 P. M. Board of Registrars 2000 Personal Services 4,097.00 2050 Expenses 3,700.00 8:15 P. M. Appropriation Committee 2250 Expenses 3,470.00 8:15 P. M. Capital Expenditures Committee 2300 Expenses 75.00 8:15 P. M. 81 Article 14.. Standing School Building Committee (Cont. ) #2350 Expenses $ 100.00 8:15 P. M. Permanent Building Committee 2360 Expenses 500.00 8:15 P. M. Town Celebrations Committee 2400 Expenses 5,200.00 8:15 P. M. Historic Districts Commission 214.50 Expenses 1,500.00 8:15 P. M. Conservation Commission 2460 Expenses 1,100.00 8:15 P. M. Recreation Committee 2470 Personal Services 114,700.00 214. 0 Expenses 9,400.00 8:15 P. M. Treasurer's Department 2500 Personal Services 12,078.00 2525Expenses 800.00 2575 Foreclosure & Redemption 1,500.00 8:15 P. M. Collector's Department =i 2650 Personal Services 14,745.00 L 2700 Expenses 2,250.00 2750 Metered Mail 7,300.00 8:15 P. M. Comptroller 2800 Personal Services 52,068.00 2850 Expenses 2,100.00 2925 Office Machines - Capital Outlay 4,100.00 2930 Office Machines -' Maint. & Repair 4,100.00 8:16 P. M. Assessors' Department 2950 Personal Services 31,41.6.00 3000 Expenses 2,500.00 3025 Professional Services 100.00 8:16 P. M. Health Department 3250 Personal Services. 20,595.00 — 3300 Expenses 10,000.00 3385 Engineering 500.00 3400 Animal Inspection 1,270.00 3450 Rabies Clinic 1,120.00 8:16 P. M. 82 Article 14.. Police Department (Cont. ) #3750 Personal Services $ 534,422.00 (Of which $6,000.00 is to be transferred from the Parking Meter Fund) 8:16 P. M. Robert M. Gary, Chairman of the Appropriation Committee, moves to amend Account #3750 by striking therefrom the figure $534,422.00 and substituting therefor the figure $525,322.00. 8:18 P. M. Mr. Gary states that the reduction is to eliminate —, the night pay differential. He doesn't believe that Lexington should be the leader in this area as it is not common practice. 8:18 p. M. Robert Cataldo speaks in favor of the main motion and against the amendment. He asks that Chief James F. Corr be recognized. 8:20 P. M. Chief Corr gives his reasons behind the request for the night pay differential and states that it is not possible to rotate the shifts. 8:20 P. M. Allan Lee Whitman, Jr. asks what the percentage of difference is. Mr. Cataldo states that it is 5%. 8:30 P. M. Hugh M. Chapin states that he fears that if the night pay differential was passed that it would be a precedent for other departments next year. There- fore, he states that he is in favor of the amendment. 8:34. P. M. Mr. Cataldo states that this would not happen as the firemen do not work every night as the policemen do. 8:34 P. M. David E. Humez and Frank T. Samuel, Jr. are in favor of the main motion and against the amendment. 8:38 P. M. Weiant Wathen-Dunn asked if there would be another request for the swing shift and Mr. Cataldo answers no. 8:38 P. M. A voice vote was taken on Mr.. Gary's motion to amend but was doubted by the Moderator, so a standing vote was taken as follows: In Favor Tellers Opposed 29 James F. Penske 15 15 Frederick E. Tucker 23 22 Joseph M. Cronin 17 30 Robert V. Whitman 29 96 84. Mr. Gary's motion to amend was declared carried. 8:40 P. M. Account #3750, as amended, now reads:. Police Department 3750 Personal Services 525,322.00 (Of which $6,000.00 is to be transferred (This amt. from the Parking Meter Fund. ) amended - See Page 94 .) 83 % ,1 Article 4. Police Department (Cont. ) (Cont. ) #3800 Expenses $ 63,500.00 3900 Parking Meter Maintenance - 2,000.00 (Of which $2,000.00 is to be transferred from the Parking Meter Fund. ) 8:44 P. M. Erik Lund moves to amend Account #3800 by striking therefrom the figure $63,500.00 and substituting therefor the figure $62,000.00. 8:45 P. M. Mr'„ Lund's motion to amend Article 4, Account #3800 declared lostbyvoice vote. 8:49 P. M. David E. Humes gives notice of 'reconsideration of Article 4, Account #3750. 8:50 P. M. Article 4. Dog Officer (Cont. ) #4000 Personal Services 7,034.00 4050 Expenses 1,500.00 8:50 P. M. Fire Department 4100 Personal Services - 529,409.00 4150 Expenses 45,500.00 4200 Ambulance Maintenance 690.00 4250 Forest Fires 100.00 8:50 P. M. Civil Defense 4300 Personal Services 9,000.00 4350 Expenses 6,500.00 4360 Civil Defense - Auxiliary Fire 500.00 8:50 P. M. Inspection Department 50 Personal Services 31,007.00 14.500 Expenses - 2,450.00 8:50 P. M. Wei is & Measures 4600 Personal Services 1,500.00 4650 Expenses 450.00 8:50 P. M. Public Works Department 4900 Personal Services 611,103.00 8:50 P. M. Public Works - Suptts. Office 4950 Personal Services 60,119.00 5000 Expenses 1,800.00 8:51 P. M. Engineering Department 5100 Personal Services 125,701.00 5150 Expenses 6,500.00 8:51 P. M. Town Offices & Cary Memorial Building. 5200 Personal Services - 23,295.00 5250 Expenses 32,415.00 8:52 P. M. .1 44 f `� ,k,o+,iil; 811- Article 4. Public Works Building (Cont. ) #5350 Expenses $ 20,000.00 8:54 P. M. Highway Maintenance 5400 Expenses 108,000.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund. ) 8:55 P. M. Robert M. Gary mores to amend Account #54.00 by striking therefrom the figure $108,000.00 and substituting therefor the figure $103,750.00. :55 P. M. Robert Cataldo speaks against the amendment. 8:57 P. M. Mr. Gary's motion to amend Account #5400 was declared carried by voice vote. 9 P. M. It now reads: Hi way Maintenance 5400 Expenses 103,750.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund. ) Road Machinery 5450 Expenses 90,000.00 9 P. M. Snow Removal 5540 Expenses 200,000.00 (Of which $4,500.00 is to be transferred from the Parking Meter Fund. ) 9:01 P. M. Traffic Regulation & Control 5550 Expenses 16,400.00 9:01 P. M. Street Lights 5600 Expenses 105,000.00 9:01 P. M. Street Sins 5650 Expenses 2,200.00 9:01 P. M. Sewer Maintenance 5700 Expenses 29,225.00 9:01 P. M. Sewer Services 5750 Expenses 10,500.00 9:01 P. M. Garbage Collection 5800 Expenses 67,167.00 9:01 P. M. Sanitary Land Fill 585o Expenses 47,400.00 9:01 P. M. 85 iIrrr Article 14.. Water-Maintenance (Cont. ) #5900 Expenses $ 55,800.00 9:01 P. M. Water Services 5950 Expenses 10,500.00 9:01 P. M. Park Department 6000 Expenses - 33,000.00 9:01 P. M. Insect Suppression 6050 Expenses 2,500.00 9:02 P. M. Shade Tree 6100 Expenses 13,000.00 9:02 P. M. Dutch Elm 6150 Expenses 5,000.00 9:02 P. M. Public Facilities Building 6200 Expenses 2,050.00 9:02 P. M. Veterans' Benefits 7100 Personal Services 6,860.00 7150 Expenses 1,325.00 7200 Aid .& Expenses 49,500.00 9:02 P. M. Graves Registration 7250 Expenses 350.00 9:02 P. M. Soldiers Burials 7300 Expenses 250.00 9:02 P. M. Cemetery Department 7350 Personal Services 54,692.00 (Of which $7,000.00 is to be transferred from the Westview Perpetual Care Fund) 7400 Expenses 4,825.00 (Of which $1,000.00 is to be transferred from the Westview Sale of Lots Fund. ) 9:02 P. M. Cary Memorial Library 7500 Personal services y 190,374.00 7550 Expenses ::a 62,579.00 $6,922.75 is also available as State Aid to Libraries. To which will be added $2,821.41 received from the County Dog LicenseTees._ 9:03 P. M. &r 86 Article Li.. Board of Retirement (Cont. ) #7800 Accrued & Normal Liability $ 106,514x..00 7850 Expenses 1,950.00 9:03 P. M. School Operation 7900 Personal Services 7,510:3 00.00 7925 Expenses 1,197,206.00 7950 Out of State Travel 12,300.00 7960 Vocational Education 9,095.00 7970 Athletics 89,500.00 ^, 8000 Adult Education 120952.00 * To which the sum of $239,310.00 in available —' and anticipated : P.L. 8614., P.L. 874, ESEA P.L. 89-10, and State METCO funds is to be applied, and the balance is raised and appropriated under this Article. 9:04 P. M. Debt Payment 8500 Interest on Debt 336,740.00 8525 Interest on Anticipation Loans 70,000.00 8550 Maturing Debt 1,081,000.00 9:04 P. M. Frank H. Totman, Jr. serves notice of reconsideration of Article i}, Account #5400: 9:05 P. M. Joseph J. Downey asks that John B. Byrne, Jr. be recognized to speak on Account #4450. 9:05 P. M. The Moderator states that there would have to be an amendment on the floor in order for someone to speak. Joseph J. Downey moves to amend Article 4., Account #4450 by striking therefrom the figure $31,007.00 and substituting therefor the figure $24,000.00. 9:07 P. M. Mr. Downey asks that Mr. Byrne be recognized. The Moderator states that if there are no objections that Mr. Byrne will be recognized. A voice vote was taken and Mr. Byrne was allowed speak. 9:10 P. M. Mr. Byrne, the Lexington Plumbing and Gas Inspector, spoke in opposition to the appointment of the Assistant Building Inspector who will also be the Gas Inspector. He stated that the work load of the Building Inspector had decreased in the last few years and could not see the necessity of an Assistant. 9:18 P. M. Robert Cataldo, Chairman of the Board of Selectmen, praised the work of the current Building Inspector. 9:21 P. M. The motion as offered by Mr. Downey to amend Article L , Account #4 .50 was declared lost by voice vote. 9:21 P. M. Joseph M. Cronin asks why there is such an increase in Account #1775 - Law Department Fees. He also asks how ,_... many counsels there would be and if there would be a full time Town Counsel. 9:25 P. M. Mr. Cataldo states that they have been, and are still, looking for a full time Town Counsel. 9:25 P. M. Richard K. Eaton questions Logan Clarke, Jr., Chairman of the School Committee, on the school budget. 9:27 P. M. 8 ® Article 1 . Ephraim Weiss moves to amend Article 1., Account #4300 (Cont. ) by striking therefrom the figure $9,000,00 and sub- stituting therefor the figure $4,500.00. 9:28 P. M. Howard M. Kassler asks if it is in order to amend the motion offered by Mr. Weiss. 9:30 P. M. Mr. Weiss withdraws his motion. 9:30 P. M. Howard M. Kassler moves to amend the Civil Defense budget as follows: Amend Account #4300 by striking therefrom the figure $9,000.00 and substituting therefor the figure $4,500.00. Amend Account #Ii.350 by striking therefrom the figure $6,500.00 and substituting therefor the figure $3,500.00. Delete Account #t.360. 9:32 P. M. Mr. Kassler states that this would phase out the Civil Defense program as of the end of June 1969. Mr. Cataldo states that he doubts that the town wants to phase out the program completely. 9:37 P. M. Richard K. Eaton speaks against the amendment. 9:39 P. M, Arthur E. Burrell describes the work of the Civil Defense Department. 9:50 P. M. Sumner E. Perlman asks Mr. gassier if he is speaking as the Chairman of the Civil Defense Advisory Committee and if the committee is in favor of his motion. Mr. Kassler states that the committee feels that if the budget is going to be cut, that it might just as well have the Civil Defense Department phased out completely. 9:56 P. M. Richard H. Soule commends Mr. Burrell on his diligent work and speaks against the amendment. 9:57 P. M. Mr. Cataldo said that if the department is going to be phased out that they should have longer than two months - it should go to the end of the year. 10:02 P. M. Herbert W. Eisenberg moves the previous question which was declared lost by voice vote. 10:05 P. M. The motion to amend the Civil Defense budget, as offered by Mr. Kassler, was declared lost by voice vote. 10:05 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 17 James F. Fenske 25 13 Frederick E. Tucker 26 27 Joseph M. Cronin 23 Robert V. Whitman 35 80 loo Motion to amend the Civil Defense budget, as offered by Mr. Kassler, declared lost. 10:02 P. M. George E. Cooper questior3 the School Budget. 10:09 P. M. William J. Scouler asked if there was a general 7% raise for all town. employees. Mr. Cataldo said there was with the exception of the police and fire departments. 10:10 P. M. Mr. Gary stated the 7% was over and above the step-rate raise . 10:12 P. M. Article 4. In answer to Mr. Cooper's question regarding reducing (Cont. ) the School Department budget, Donald E. Legro, Town Counssl, states that the court would assess the town for the deficiency plus a 25% penalty. 10:13 P. M. Albert S. Richardson, Jr. moves to amend Account #7900 by striking therefrom the figure $7,510,300.00 and substituting therefor the figure 7,510,299.00. 10:15 P. M. Mr. Richardson's amendment declared lost by voice vote. 10:22 p. M. Main motion under Article 4, as amended, carried unanimously 10:23 P. M. Article 5. Presented by Robert Cataldo. MOTION: To establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes at the following annual rates: Town Clerk $ 12,300.00 Town Treasurer 1,500. 00 Town Collector of Taxes 8,600. 00 the increase over the rates established last year to become effective April 1, 1969, Anti to raise and appropriate therefor the sum of $22,050.00. Carried 10:.25_ P. M. Article 6. Presented by Robert Cataldo. 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 of the financial years beginning January 1, 1969 and January 1, 1970, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44, Section 4, 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 L14, Section 17. Carried 10:25 P. M. Article 7. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:25 P. M. Article 8. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:25 P. M. Article 9. Presented by Robert Cataldo. MOTION: To appropriate $110,000.00 for the Reserve Fund and to provide for the payment thereof by the transfer of $100,400.00 from the Reserve Fund - Overlay Surplus and by raising the balance of $9,600.00+in the current tax levy. Carried Unanimously 10:27 P. M. Article 10. Presented by Robert Cataldo. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1969. Carried Unanimously 10:27 P. M.. Article 11. Presented by Robert--Cataldo. MOTION: That the sum of $27,410.00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $12.,490.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 10:28 P. M. Article 12. Presented by Robert Cataldo. r- MOTION; That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unpnimously 10:28 P. M. Article 13. Thomas G. Taylor moves that this article be tabled. (See Pg. 122) Carried Unanimously 10:30 P. M. Article 14. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets 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 for such installation and land acquisition the sum of $20,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:30 P. M. Mr. Cataldo said that this water main would be installed in Hayden Avenue, but that if Hayden Avenue was not accepted, that he would ask for reconsideration of this article. 10:31 P. M. (See Weiant Wathen-Dunn moves that Article 14 be tabled Page 111) which was declared carried by voice vote. 10:32 P. M. Article 15. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 la n3 acquisition the sum of $347, 700.00 , and to provide for payment there- of by transfer from the Excess and Deficiency Account. 10:33 P. M. Jack L. Mitchell moves to amend Article 15 by striking --- therefrom the figure $347,700,00 and substituting therefor the figure $320,000.00. 10:35 P. M. Mr. Mitchell's motion to amend declared carried by voice vote. 10:40 P. M. Main motion, asamended by Mr. Mitchell, as follows: MOTION; That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such 90 Article 15. accepted or unaccepted streets or other land as the (Cont. ) Selectmen may determine, in accordance with Chapter 501j. of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 $320,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. - Carried Unanimously 10:40 P. M. Article 16. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine beginning at a point in Waltham Street which point is 1100 feet, more or less, southerly from Concord Avenue and extending westerly 211.00 feet, more or less, to Concord Avenue, then northerly 900 feet, more or less, to the southerly terminus of an existing dry sewer previously installed across Route 2, then northerly from the northerly terminus of said existing dry sewer a distance of 1250 feet, more or less, then westerly 1160 feet, more `or less, and then southwesterly 800 feet, more or less,, to a pumping station to be installed on the northerly side of Hayden Avenue, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 .lath acquisition the sum of $194..,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:41 P. M. Slides shown. 10:4.3 P. M. Ephraim Weiss moves to amend Article 16 by striking therefrom the figure $194,000.00 and substituting therefor the figure $130,000.00. 10:4.5 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 15. 10:50 P. M. Article 16. Various speakers. (Cont. ) Mr. Weissts motion to amend Article 16 declared lost by voice vote. 11:01 P. M. Manfred P. Friedman moves that Article 16 be tabled which was declared lost by voice vote. 11:03_ P. M. Main motion, as offered by Mr. Cataldo, under Article 16 declared carried by voice vote. 11:03 P. M. Richard H. Soule moves that the meeting be adjourned to Wednesday, March 19, 1969, 7:30 P. M. in the Cary Memorial Hall. Carried Unanimously 11:03 P. M. 'Ic(444, Miiid.„04 Town Clerk 9t ADJOURNED TOWN MEETING HELIX MARCH 19, 1969 Meeting called to order by the Moderator at 7:38 P. M. There were 193 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley of the Church of Our Redeemer. 7:39 P. M. Article 2. Robert M. Gary, Chairman of the Appropriation Committee, stated that the tax rate shown on the blackboard as $59.76 was subject to change. 7:40 P. M. Article 17. Presented by Robert Cataldo. 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 (Amended - accordance with Chapter 263 of the Acts of 1926, as See amended, or otherwise, and to take by eminent domain, Page purchase or otherwise acquire any fee, easement or other 104 .) interest in land necessary therefor; and to raise and appropriate therefor the sum of $40,000.00. 000.00. 7:40 P. M. Mr. Cataldo stated that the drains would be installed in Meriam Street, Glen Road and Cary Avenue. Main Motion carried unanimously. 7:40 P. M. Robert M. Gary serves notice of reconsideration of Article 17. 7.42 P. M. Article 18. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 7:L2 P. M. Article 19. Presented by Robert Gataldo. 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 raise and appropriate therefor the sum of $4 5,000.00. 000.00. 7:43 P. M. Motion carried by voice vote. 7:L7 P. M. Article 20. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to irnstall, curbing at such locations as they maydetermine, and to raise and appropriate the sum of 5,000.00. 7:4-7 P. M. Leon A. Burke, Jr. speaks against the motion. 7:48 P. M. L Main motion carried by voice vote. 7:L9 P. M. Article 21. Presented by Robert Cataldo. MOTION: That the sum of $6,000.00 be raised and appropriated for Chapter 90 highway maintenance. Carried by voice vote. 7:50 P. M. Article 22. Presented by Robert Cataldo. MOTION: That articles 22 and 23 be taken up together. Carried by voice vote. 7:50 P. M. Articles 22 and 23. Presented by Robert Cataldo. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road, from a point 108 feet, more or less, northwesterly of Goffe Road, a distance of 5114. feet, more or less, northwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate the sum of $60,000.00 for the construction of said way under Chapter 90 highway construction and for land acquisition therefor. 7. 3P. M. Mr. Cataldo stated that this article was inserted in the warrant at the request of the Planning Board. He also stated that the majority (Li. to 1) of the Board of Selectmen are in favor of the original concept of Worthen Road. 7:55 P. M. Erik Lund, Chairman of the Planning Board, stated that the Planning Board unanimously supports the original plans of the Board of Selectmen to lay out this road and would ask for the funds needed, and he urges passage of this article. 8 P. M. Robert B. Kent, Moderator, asks that the records show that the Planning Board reported and that the board is unanimously in favor of this article. 8 P. M. Frank H. Totman, Jr. and Margaret Rawls speak in opposition. 8:02 P. M. Herbert W. Eisenberg moves for indefinite postpone- ment. 8:03 P. M. Elizabeth M. Flynn, Milton L. Gould and Erik Lund speak against indefinite postponement. 8:12 P. M. Motion, as offered by Mr. Eisenberg, for indefinite postponement declared lost by voice vote. 8:17 P. M. James E. Storer and Allan Green speak in opposition of the main motion. 8:23 P. M. Elizabeth M. Flynn asks for permission for Harry Mimno to speak from the balcony. Permission granted. 8:25 P. M. Mr. Mimn.o speaks in opposition. 8:35 P. M. Jacqueline B. Davison speaks in favor. 8:37 p. M. Alice F. Tryon reads a petition signed by 500 residents of the six precincts in town opposing this article - � and then states her own opposition, recommending further study. 8:45 P. M. Erik L. Mollo-Christensen speaks in favor. 8:47 -P. M. Jack L. Mitchell, Capital Expenditures Committee, states that the committee is divided onthis article. 8:48 P. M. 933 Articles 22 and 23. (Cont. ) Richard H. Soule speaks in favor and Barbara M. Harvell speaks in opposition. 8:53 P. M. Paul G. Yewell moves the previous question which was declared carried by voice vote. 8:54 P. M. Mr. Cataldo yields his time to Mr. Lund of the Planning Board who urges passage of this article. 8:55 P. M. Voice vote on main motion doubted, so standing vote taken as follows: In Favor Tellers Opposed 30 Stephen T. Russian 12 Gordon E. Steele 18 20 Donald R. Grant 19 26 Richard K. Eaton 30 100 79 Main motion, as offered by Mr. Cataldo, declared carried. 8:57 P. M. Article 214.. Presented by Robert Cataldo. - MOTION: That this article be indefinitely postponed. Carried Unanimously 8:57 P. M. Article 25. Presented by Robert Cataldo._ MOTION: That the sum of $15,000.00 received from the State under Chapter 616 of the Acts of 1967 be appro- priated to be used in conjunction with money appropriated under Article 60 of the Warrant for the 1967 Annual Town Meeting for the construction of Philip Road. Carried Unanimously 9 P. M. David E. Humez moves for reconsideration of Article 4 - Account L #3750. 9 P. M. Mr. Humez then gives his reasons for asking for reconsideration and the reasons that there should be a night pay differential 9:05 P. M. Paul G. Yewell speaks in favor. 9:07 P. M. Robert M. Gary, Chairman of the Appropriation Committee, speaks in opposition. 9:08 P. M. Stephen T. Russian and Edward T. Martin speak in favor. 9:14 P. M. Howard L. Levingston serves notice of reconsideration of Articles 22 and 23. 9:15 P. M. Selectman Allan F. Kenney speaks in favor. 9:18 P. M. Gordon E. Steele moves the previous question which was declared carried by voice vote. 9:18 P. M. Reconsideration of Article 14.. - Account #3750 declared carried by voice vote. 9:19 P. M. Selectman, Roland B. Greeley states that the police and firemen have already received a 10% increase and he opposes the night pay differential as it will be an increase of 15%. The differential itself he is not opposed to - it is the 15%. 9:28 P. M. 94 Article 4. - Account #3750 (Cont. ) Robert M. Gary asks "Why does Lexington have to adopt a new program when no other town has it. Are we so unique? What will this lead to? Will we have night pay differential for firemen?" 9:31 P. M. Robert Cataldo stated that Peabody and Scituate have this differential. 9:33 P. M. Donald P. Noyes moves the previous question which was declared carried unanimously. 9:34 P. M. A standing vote was taken on the amendment as offered by Robert M. Gary under Article 4 - Account #3750 to strike therefrom the figure $53 .,422.00 and substitute therefor the figure $525,322.00. In Favor Tellers Opposed 23 Stephen T. Russian 18 19 Gordon E. Steele 23 21 Donald R. Grant 18 23 Richard K. Eaton 33 86 92 Motion, as offered by Mr. Gary, declared lost. 9:35 P. M. 4 Police Department - Account #3750, Article/now reads: #3750 Personal Services $ 5314.,422.00 Main motion under Article 4, as amended, carried by voice vote. 9:35 P. M. Article 26. Presented by Robert Cataldo. MOTION: To appropriate the sum of $44,900.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:37 P. M. Article 27. Presented by Robert Cataldo. MOTION: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:38 P. M. Article 28. Presented by Robert Cataldo. MOTION: That the sum of $28,000.00 be appropriated as a supplementary appropriation to be used in conjunction with money appropriated under Article 19 of the Warrant for the 1968 Annual Town Meeting for the installation of a sewer main or mains, including a pumping station and appurtenances, in such locations as the Selectmen may determine, from the existing Woodhaven Trunk Sewer at a point approximately 1300 feet southeasterly from the intersection of Shade Street and Spring Street to a point in Spring Street near the Waltham city line and to a point in Barberry Road near said city line and to provide for payment by transfer of the sum of $28,000.00 from the unexpended balance of the appropriation for installation of a sewer main or mains from Bedford Strut to Volunteer Way near Rangeway voted under Article 15 of the Warrant for the 1967 Annual Town Meeting. 9:40 P. M. 95 Article 28. Mr. Cataldo stated the appropriation would be (Cont. ) transferred from an unexpended balance and would not be on the 1969 tax rate. Martin I. Small stated that although the selectmen say that it will not be on the tax rate, any transfer shows up on the tax rate one way or another. Main motion declared carried unanimously. 9:40 P. M. Article 29. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are r- authorized to install street lights in such unaccepted - streets as they may determine prior to the final adjourn- ment of the 1970 Annual Town Meeting. Carried Unanimously 9:42 P. M. Article 30. Presented by Robert Cataldo. MOTION: That the sum of $9,000.00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws. 9 � ..j.}.2 P. M. Manfred P. Friedman and Richard I. Miller speak on the article. Mr. Friedman in opposition and Mr. Miller in favor. 9:47 P. M. Main motion carried by voice vote. 9:47 P. M. The Moderator asks if the members would like a five minute recess and the meeting was unanimously in favor. 9:L.7 P. M. The Moderator called the meeting to order again at 9:57 P. M. Article 31. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:57 P. M. Article 32. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are authorized to lease seven voting machines; and to raise and appropriate the sum of $1,451.92 therefor. 9:58 P. M. Robert M. Gary moves to amend the motion by striking therefrom the figure 'seven" and substituting the figure "three'" and by striking therefrom the figure $1,4.51.92 and substituting therefor the figure $625.00. 10 P. M. Amendment as offered by Mr. Gary declared carried by voice vote. 10:01 P. M. Motion, as amended, now reads: MOTION: That the Selectmen be and hereby are authorized to lease three voting machines; and to raise and appropriate the sum of $625.00 therefor. __. Motion, as amended, declared carried by voice vote. 10:02 P. M. Article 33. Presented by Robert Cataldo. MOTION: That the sum of $4, 000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 10:02 P. M. 4-‘ La Article 34. Presented by Robert Cataldo. MOTION: That the sum of $16,000.00 be appropriated under the authority of Chapter 570 of the Acts of 1962, to be expended by the Selectmen for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:03 P. M. Ephraim Weiss moves: Amendment to Article 34: After the words "required to serve only the subdivision" insert the words: "but not for a roadway of width greater than 30 feet". 10:05 P. M. Amendment, as offered by Mr. Weiss, declared lost by voice vote. 10:09 P. M. General discussion. 10:17 P. M. Robert E. Meyer moves to amend the main motion by striking therefrom the figure $16,000.00 and substituting therefor the figure $4,000.00. 10:17 P. M. Amendment, as offered by Mr. Meyer, declared lost by voice vote. 10:18 P. M. Sumner E. Perlman moves the previous question which was declared carried by voice vote. 10:22 P. M. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 10:22 P. M. Article 35. Presented by Robert Cataldo. MOTION: That the sum of $7,8L7.00 be raised and appropriated to be expended under the direction of the Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 123 of the General Laws in cooperation with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic. Carried Unanimously 10:23 P. M. Article 36. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:23 P. M. Article 37. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authop- ized to retain professional services to prepare final plans and specifications for alterations and additions to the town office building and alterations and additions to the police building, and that the sum of $45,000.00 be raised and appropriated therefor. 10:24 P. M. Mr. Cataldo explains the need for an addition to the town office building. 10:29 P. M. 9 Article 37. Allen Lee Whitman, Jr. offers the following motion: (Cont. ) To refer the motion under Article 37 to the Permanent Building Committee, authorized by a vote of the Town under Article 73 of the 1967 Annual Town Meeting, said committee to receive the reports of the Selectmen's advisory committee and to report, to a future Town Meeting, recommendations together with any Articles, including requests for authorization and appropriation, which they deem proper. 10:30 P. M. Mr. Mollo-Christensen asked why the selectmen did not use the permanent building committee. 10:39 P. M. Mr. Cataldo said that the board and the advisory committee have worked on this for three years and feel that it is best that they finish the job. 10:41 P. M. Vernon C. Page speaks in favor of the amendment. 10:42 P. M. Mr. Gary states that the Appropriation Committee is in favor of the main motion. 10:52 P. M. Alan B. Wilson moves the previous question. 10:52 P. M. Martin A. Gilman moves that the meeting be adjourned to Monday, March 2L , 1969, 7:30 P. M. in the Cary Memorial Hall. 10:52 P. M. Donald P. Noyes moves to amend Mr. Gilman's motion by striking out 7:30 P. M. and substituting therefor 8 P. M. which was declared lost by voice vote. 10:58 P. M. ---- The motion to adjourn to Monday, March 2L , 1969 at 7:30 P. M. , as offered by Mr. Gi1mpn, declared carried by voice vote. 11 P. M. 74(4 iiere4, , raj-n.14, Town Clerk 38 ADJOURNED TOWN MEETING HELD MARCH 24, 1969 Meeting called to oraer by Moderator, Robert 13. Kent at 7:32 P. M. There were 194 Town Meeting Members present. The invocation was offered by Rev. Richard W. Lund of the Pilgrim Congregational Church. 7:35 P. M. The Moderator states that Article 37 is now open. Article 37. The Moderator reads Article 37, as presented by Robert Cataldo, at the Adjourned Town Meeting held March 19, 1969. MOTION: That the Selectmen be and they hereby are authorized to retain professional services to prepare final plans and specifications for alterations and additions to the town office building and alterations and additions to the police building, and that the sum of $45,000.00 be raised and appropriated therefor. 7:35 P. M. The Moderator reads the amendment, as presented by Allen Lee Whitman, Jr. at the March 19th meeting. MOTION: To refer the motion under Article 37 to the Permanent Building Committee, authorized by a vote of the Town under Article 73 of the 1967 Annual Town Meeting, said committee to receive the reports of the Selectmen's advisory committee and to report, to a future Town Meeting, recommendations together with any Articles, including requests for authorization and appropriation, which they deem proper. 7:37 P. M. The Moderator now states that the motion on the floor at this time is the motionofAlan B. Wilson to move the previous question. 7:37 P. M. Alan B. Nilson moves to withdraw his motion for the previous question. There were no objections from the Town Meeting Members therefore the motion for the previous grnstion is withdrawn. 7:38 P. M. Allen Lee Whitman, Jr. moves to amend his amendment as follows: MOTION: To refer the motion under Article 37 to the Selectmen for purposes of preparation and presentation, to a future Town Meeting, of a definitive proposal- for Town Office expansion, including any necessary pre- liminary plans and specifications, as initiated by vote under Article 36 of the 1966 Annual Town Meeting and to raise and appropriate therefor eight thousand dollars. Such proposal should: 1. establish the requirements in detail, 2. show how the proposal meets those require- ments and indicate if there are alternative ways of meeting the requirements, 3. include cost estimates for the different aspects of the proposed plan, and L . show how the office complex could be expanded if future needs indicate a requirement for additional office space. 7.4 P. M. Mr. Whitman gives an explanation of his second amendment. 7:46 P. M. Mr. Cataldo stated that the Selectmen have already gone into 90% of the areas that Mr. Whitman suggests. 7:50 P. M. 99 Article 37. Mr. Whitman's motion to amend his first motion declared (Cont. ) carried by voice vote. 8 P. M. Mr. Whitman's second motion (to refer to the Selectmen) declared carried by voice vote, which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 25 Donald M. Graham 17 23 Hugh M. Chapin 21 30 Donald P. Noyes 9 r- 25 William R. WYialon 25 103 72 Mr. Whitman's motion to refer to the Selectmen declared adopted. 8:04 P. M. Article 2. Thomas G. Taylor presented the Report of the Permanent Building Committee which was moved to be accepted and placed on file. Carried Unanimously 8:08 P. M. Herbert W. Eisenberg moved that the Report of the Town-Wide Beautification Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:08 P. M. Article 38. Presented by Allan F. Kenney. MOTION: That Articles 38 to 41, inclusive, be taken up together. Carried Unanimously 8:10 P. M. Erik Lund, Chairman of the Planning Board, presents the reports of the Planning Board covering Articles 38 to 41 inclusive, stating that the Planning Board is unanimously in favor of laying out these streets. 8:12 P. M. Article 38. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Ewell Avenue from Eastern Avenue southerly a distance of 950 feet, more or less, to Deering Avenue, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:13 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Hillcrest Avenue from Fottler Avenue northeasterly, a distance of 750 feet, more or less, to Circle Road, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:13 P. M. Article 40. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Grassland Street from Spring Street southeasterly, a distance of 700 feet, more or less, to Payson Street, as laid out by the Selectmen 100 Article 4 0. under the Betterment. Act and shown upon a plan on file in (Cont. ) the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:114. P. M. Article 4.1. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Vaille Avenue from Reed Street westerly, a distance of 880 feet, more or less, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:17 P. M. MOTION: To appropriate for land acquisition and for construction of the ways enumerated in Articles 38 to L1, inclusive, the sum of $150;458.30, and to provide for payment by the transfer of $88,458.30 from the unexpended balance of the appropriation for land acquisition and for construction of said ways voted under Articles 82 to 85, inclusive, of the Warrant for the 1968 Annual Town Meeting, and by raising the balance of $62,000.00 in the current tax levy. Carried Unanimously 8:19 P. M. Article 1.2. Presented by Allan F. Kenney. MOTION: That Articles 42 to 4J., inclusive, be taken up together. Carried by voice vote. 8:21 P. M. Erik Lund, Chairman of the Planning Board, presents the reports of the Planning Board covering. Articles 4.2 to 44 inclusive, stating that the Planning Board is unanimously in favor of laying out these streets. 8:21 P. M. Article 42. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way, Manley Court, a distance of 430 feet, more or less, from Woburn Street to Vine Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:22 P. M. Article 43. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way, Hillcrest Avenue, a distance of 850 feet, more or less, from Circle Road to Rawson Avenue, as laid out by the Selectmen under the Better- ment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to auth- orize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:23 P. M. Jack L. Mitchell states that the Capital Expenditures Committee recommends adoption of this article. 8:24. P. M. 101 Article 43. Weiant Wathen Dunn, Howard M. Kassler, J. Keith (Cont. ) Butters and Alfred S. Busa speak in favor of the motion. Mr. Kassler asks that John F. Frazer, who lives on Hillcrest Avenue, be recognized. There were no objections. Mr. Frazer explained the need of having this street accepted and showed slides which verified his statements. 8:32 P. M. John J. Seitz speaks in favor. 8:36 P. M. ® Homer J. Hagedorn moves the previous question which was declared carried by voice vote. 8:37 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 8:38 P. M. Article 1 .. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way, Bridge Street, a distance of 600 feet, more or less, from Valleyfield Street to Waltham Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. 8:39 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 42 to 44., inclusive, the sum of $96,500.00. Carried by voice vote. 8:39 P. M. Article .5. Presented by Allan F. Kenney. r-I MOTION: To establish as a town way and accept the lay- out of as a town way, Elena Road from Marrett Road, a distance of 697 feet, more or less, southwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for land acquisition and for construction of said way the sum of $150 .00 and to provide for pay- ment thereof by the transfer of the sum of $150.00 from the unexpended balance of the appropriation voted under articles 75 - 78, inclusive, of the Warrant for the 1968 Annual Town Meeting. 8:40 P. M. Erik Lund, Chairman of the Planning Board, presented the Report of the board covering this article, stating that the board is unanimously in favor of passage of this article. 8:14.1. P. M. Motion, as presented by Mr. Kenney, carried unanimously. 8:14.1 P. M. Article 14.6. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $25,000.00 for the further development of the so-called dump area on Lincoln Street. 8:14.2 P. M. After general discussion, Stillman P. Williams moves the previous question which was declared carried by voice vote. 8:52 P. M. Motion, as offered by Mr. Cataldo, declared carried by voice vote. 8:52 P. M. 10` Article 47. Presented by Robert Cataldo. (Approved MOTION: To amend the General By-Laws of the Town by by Atty. adding at the end of the third paragraph of Section I . of General, ARTICLE XXV a new sentence to read substantially as Robert H. follows: Quinn on June 25, The Selectmen._may appoint some other voter of the Town 1969. ) to serve on said committee in place of the member of the Board of Selectmen provided for in the preceding sentence. Carried Unanimously 8:52 P. M. Article t8. Presented by Logan Clarke, Jr. MOTION: That, in accordance with General Laws, Chapter 11. 9, Section 1781, as amended by Chapter 633 of the. Acts of 1968, the School Committee be and it hereby is authorized to designate an attorney as a representative of the School Committee for the purpose of bargaining with employee organizations for school employees. 8:54 P. M. Robert M. Gary, Chairman of the Appropriation Committee, states that the committee recommend favorable action. Motion, as offered by Mr. Clarke, carried by voice vote. 8:56 P. M. Article 49. Presented by Logan Clarke, Jr. MOTION: To create, in accordance with the provisions of Section 14 of Chapter 71 of the General Laws, as amended, a special unpaid committee to be known as the Vocational Regional School District Planning Committee, to consist of three members, including one member of the School Committee, to be appointed by the Moderator; and to raise and appropriate the sum of $200.00 for the expense of such committee. 8:57 P. M. Richard Best Blomfield presents Report of the Citizens Advisory Committee (report was read but not filed. ) 9:05 P. M. Motion, as offered by Mr. Clarke, carried by voice vote. 9:07 P. M. Article 50. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $9,200.00 to be expended under the direction of the Selectmen for improvements to the stage and appurtenant facilities at Cary Memorial Hall. 9:07 P. M. After general discussion, the motion was declared lost by voice vote. 9:20 P. M. Article 51. Presented by Robert Cataldo. MOTION: To appropriate the sum of $6,922.75 received in 1968 as State Aid to public libraries to be used by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 9:21 P. M. Article 52. Irving H. Mabee moves to lay this article on the table. (See Page 112.) Carried Unanimously 9:22 P. M. AL 0 0 Article 53. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $6,000.00 for the further development of the Harrington School Playground. Carried by voice vote. 9:22 P. M. Article 54.. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $14.,000.00 for the construction of two tennis courts at the Center Playground. 9:23 P. M. — Robert E. Bond, Chairman of the Recreation Committee, speaks in favor of this article. 9:25 P. M. Mr. Gary states that the Appropriation Committee recommends favorable action on Article 54. but would recommend unfavorable action on Articles 56 and 57. 9:27 P. M. Voice vote on motion, as offered by Mr. Cataldo, declared carried, which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 29 Donald M. Graham 10 17 Hugh M. Chapin 26 24. Donald P. Noyes 17 32 William R. Whalon 102 68 Declared carried. 9:28 P. M. Weiant Wathen Dunn moves for a ten minute recess which was declared lost by voice vote. 9:28 P. M. [- Article 55. Robert Cataldo moves that this article be indefinitely postponed. 9:28 P. M. Allan Greene, Gordon E. Steele and Paul V. Riffin speak against indefinite postponement. 9:33 P. M. Motion that this article be indefinitely postponed declared carried by voice vote. 9:34 P. M. Article 56. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Laconia Street. Carried by voice vote. 9:35 P. M. Article 57. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Valley- field Street. - - Carried by voice vote. 9:37 P. M. _ Article 58. Presented by Allan F. Kenney. MOTION: To extend to the 1970 Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 4.3 of the 1968 Annual Town Meeting, shall report. Carried Unanimously 9:37 P. M. 104 Article 59. Margery M. Battin moves that this article be indefinitely postponed. Carried Unanimously 9:38 P. M. Ephraim Weiss moves for a five minute recess which was declared carried by voice vote. 9:38 P. M. The Moderator called the meeting to order again at 9:4.8 P. M. Robert M. Gary moves for reconsideration of Article 17 which was declared/unanimous at 9:52 P. M. carried Article 17. (As passed at the March 19, 1969 Town Meeting) 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 raise and appropriate therefor the sum of $40,000.00. Robert M. Gary moves to amend the motion by striking the words "raise and" and to add after the figure $4,000.00 the words "$12,300.00 to be raised in the current tax levy and $27,700.00 to be transferred from the Excess and Deficiency Account." Carried Unanimously 9:55 P. M. Motion, as amended, now reads: 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 therefor the sum of $40,000.00, $12,300.00 to be raised in the current tax levy and $27,700.00 to be transferred from the Excess and Deficiency Account. Motion, as amended, carried unanimously 9:55 P. M. Article 60. Presented by Robert Cataldo. (Approved MOTION: To amend the Building By-Law by inserting at by Atty. the end of Section 1. of ARTICLE IV a new paragraph to General, read substantially as follows: Robert H. Quinn on A permit is not required for any detached, non-masonry JUne 25, building not to be used for living or habitation purposes 1969.) and which is not more than 8' in length or breadth and not more than 7' in height. Carried Unanimously 9:55 P. M. Article 61. Presented by Robert Cataldo. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Alfred S. Busa and Daniel P. Busa, Trustees of The Busa Realty Trust, conveying to the Town a parcel of land containing 3.0 acres, more or less, and shown as Parcel A on plan entitled "Ridge Estates in Lexington, Mass. ", dated December 22, 1967, Albert A. Miller & Wilbur C. Nylander, _05 Article 61. Civil Engineers and Surveyors, be and hereby is (Cont. ) -ratified, confirmed and adopted. 9:57 P. M. Evert N. Fowle states that the P1Anning Board is unanimously in favor of this article. Motion, as offered by Mr. Cataldo, carried unanimously. Carried Unanimously 9:57 P. M. Article 62. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:57 P. M. Article 63. Presented by Erik Lund. MOTION: To amend the General By-Laws by adding at the end of Article XXIV thereof a new section to read as follows: ADVISORY DESIGN REVIEW OF TOWN PROJECTS Section 27. No action shall be taken by any Board, Department or Committee of the Town on any plan or proposal involving the constrruction, extension or removal of or substantial external changes (including landscaping and site improvement) to any town building, way, parking lot, playground, park, or other land owned or controlled by the Town and involving expenditures in excess of $10,000 until the plans and other information pertinent to such construction or external changes have been referred to the Planning Board for a design review and the Planning Board has submitted an advisory written report to the referring agency or 15 calendar days have elapsed after the referral. In connection with the preparation of its advisory report, the Planning Board may consult with the Design Advisory Committee established under the Rules and Regulations of the Planning Board. 9:58 P. M. Donald M. Graham states that the Planning Board is in favor of this article. 10:03 P. M. Robert Cataldo moves to refer this back to the Planning Board and Board of Selectmen for further study and to report back to a subsequent town meeting but no later than the 1970 Annual Town Meeting. 10:07 P. M. Herbert W. Eisenberg speaks against the amendment. 10:08 P. M. Amendment, as offered by Mr. Cataldo., for further study declared carried by voice vote. 10:08 P. M. Article 6L.. Presented by Jules P. Sussman. MOTION: To raise and appropriate the sum of,,$2600.00 to the Conservation Fund established by vote mer Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964. Carried by voice vote. 10:10 P. M. r- Article 65. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:10 P. M. Article 66. Thomas G. Taylor moves that this artide be taken up after Article 13. Carried Unanimously 10:12 P. M. 106 Article 67. Presented by J. Robert Sherman. MOTION; That the sum of $3,500.00 be raised and appropriated for the purchase by the Cemetery Commissioners of a new truck and that, in addition, the Cemetery Commissioners be and they hereby are authorized to turn in a 1961 Ford truck to apply toward the purchase price. Carried Unanimously 10:13 P. M. Article 68. Presented by J. Robert Sherman. MOTION: That the Cemetery Commissioners be and they hereby are authorized to retain professional services and prepare plans and specifications for an addition to the existing building at Westview Cemetery, to enter into a contract or contracts for the construction of said addition, and to supervise the work; and that the sum of $11,000.00 be appropriated therefor and that payment be provided by the transfer of $11,000.00 from the Westview Cemetery Sale of Lots Fund. Robert M. Gary states that the Appropriation Committee recommend unfavorable action. 10:20 P. M. Howard M. Kassler moves to amend the motion by striking therefrom the words"Cemetery Commissioners" and substituting therefor the words "Permanent Building Committees'. 10:22 P. M. Amendment, as offered by Mr. Kassler, declared lost by voice vote. 10:23 P. M. Main motion, as offered by Mr. Sherman, declared lost by voice vote. 10:25 P. M. Joseph A. Campbell moves that Article 71.1. be taken up at this time. 10:25 P. M. Erik Lund, Chairman of the Planning Board, states that the board opposes this motion. 10:26 P. M. _.. Motion, as offered by Mr. Campbell, declared lost by voice vote. 10:27 P. M. Article 69. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation. Commission, for conserva- tion purposes as provided by Section 8c of Chapter L.0 of the General Laws, all or any part of that portion of lot 289 on Land Court Plan 191.85-K located north of a line parallel to or concentric with and distant 850 feet northerly from the northerly side line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964. ,sxid portion of lot 289 containing 21;4 acres, more or less; and to raise and appropriate for said land acquisition the sum of $45,000.00. 10:28 P. M. Erik Lund states that the Planning Board recommends passage of Articles 69-74 inclusive- and presents the Planning Boardvdovering Articles 69-74 inclusive. Report 10:29 P. M. William R. Whalon moves for indefinite postponement. 10:32 P. M. Mr. VJhalon explains his motion for indefinite post- ponement. 10:40 P. M. AL 0 Article 69. Erik Lund asks that the motion to indefinitely postpone (Cont. ) be defeated. 10:44 P. M. Jules P. Sussman speaks against indefinite postponement and states that the Conservation Commission is unanimously in favor of the main motion. 10:47 P. M. Motion, as presented by Mr. Whalon, that article 69 be indefinitely postponed, is declared lost by voice vote. 10:51 P. M. Robert Cataldo states that the Board of Selectmen is unanimously in favor of this article. 10:55 p. M. Voice vote on main motion, as presented by Mr. Lund, is not unanimous, so standng vote taken as follows: In Favor Tellers Opposed 36 Donald M. Graham 1 36 Bugh M. Chapin 2 38 Donald P. Noyes 0 1�6 William R. Whalon . 1 156 4 More than the necessary two-thirds having voted in the affirmative, the motion is adopted. 11 P. M. Article 70. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8c of Chapter 40 of the General Laws, all or any part of that portion of a parcel of land marked "19.95 acres" on the plan by George C. Brehm, City Engineer, dated April 1922, entitled "Plan of Land in Lexington, Mass. , to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range", and recorded in Middlesex South District Registry of Deeds, Plan Book 304, Plan 43, which is located to the north of a line parallel to and distant 850 feet northerly from the northerly side line of Hayden Avenue as laid out by the Commonwealth of Massachusetts on February 25, 1964, and contains 4.8 acres, more or less; and to raise and appropriate for said land acquisition the sum of $10,000.00. Carried Unanimously 11:01 P. M. Article 71. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, all or any part of tna.tportion of lot 7 shown on Land Court Plan 16660-1 which is located to the north of a line parallel to and distant 850 feet northerly from the northerly side line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on 7- February 25, 1964, and contains 25 acres, more or less; and to raise and appropriate for said land acquisition the sum of $52,000.00. Carried Unanimously 11:02 P. M. 108 Article 72. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes, as provided by Section 8c of Chapter 40 of the General Laws, all or any part of a parcel of land containing 4.3 acres more or less, and shown as Lot A on Land Court Plan 2802-D; and to raise and appropriate for said land acquisition the sum of $9,000.00. Carried Unanimously 11:02 P. M. Article 73. Presented by Erik Lund. I MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Coarmgission for conserva- tion purposes, as provided by Section 3C of Chapter 1 .0 of the General Laws, all or any part of a parcel of land containing 5.8 acres more or less, and shown as lot 16 on Land Court Plan 2802 Y; and to raise and appropriate for said land acquisition the sum of $18,500.00. 11:03 P. M. Voice vote on the motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 33 Donald M. Graham 2 35 Hugh M. Chapin 3 32 Donald P. Noyes 1 37 William R. Whalon 0 137 6 More than the necessary two-thirds having voted in the affirmative, the motion is declared adopted. 11:07 P. M. Article 74. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding at the end of subsection 23.1 thereof the following new CR office (Approved and research park districts: by Attorney 23.15 A district on the northerly side of Hayden General, Avenue east of the CR district 23.11 and bounded and Robert H. described as follows: Quinn, Beginning at the intersection of the southeasterly July 7, boundary of the CR office and research park district 1969) 23.11, as described in this By-Law, with the northerly street line of Hayden Avenue, as laid out by the Common- wealth of Massachusetts on February 25, 1964; thence by said CR district boundary generally northeasterly, easterly and northwesterly to a point distant 850 feet from said northerly street line of Hayden Avenue; thence southeasterly and easterly by a line distant 850 feet northerly from and concentric with or parallel to said northerly street line of Hayden Avenue to the easterly boundary of lot 289 shown on Land Court Plan 19485-K; thence southerly by said boundary of lot 289 to the —. northerly street line of Hayden Avenue, thence westerly and northwesterly by said street line of Hayden Avenue to the point of beginning. 23.16 A district on the northerly side of Hayden Avenue, being a portion of lot marked "19.95 acres" on a plan entitled "Plan of Land in Le*gton, Mass., to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range, " dated April 1922, by George C. Brehm, City 109 Article 74. Engineer, recorded in Middlesex. South District Deeds (Cont. ) Plan Book 304, Plan 43, said district being bounded and described as follows: Beginning atthe intersection of the easterly boundary of lot 289, as shown on Land Court Plan 19485-E, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence northerly by said easterly boundary of lo 289 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line distant 850 feet from and parallel to said northerly street line of Hayden Avenue to the westerly boundary of lot 7, as shown on Land Court Plan 16660-m; thence generally southerly by said westerly boundary of lot 7 to the northerly street line of Hayden Avenue; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.17 A district on the northerly side of Hayden Avenue, being the southerly portion of lot 7, as shown on Land Court Plan 16660-M, said district being bounded and described as follows: Beginning at the intersection of the westerly boundary of lot 7, as shown on the Land Court Plan 16660-M, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of "Massachusetts on February 25, 1964; thence generally northerly by several courses by said westerly boundary of lot 7 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line parallel to and distant 850 feet from the northerly street line of Hayden Avenue to the easterly boundary of lot 7, as shown on Land Court Plan 16660-M; thence southerly by said easterly boundary of lot 7 to the intersection of the easterly boundary of said lot 7 with the common boundary of lot A, as shown on Land Court Plan 2802-D, and lot 16, as shown on Land Court Plan 2802-Y; thence southwesterly by the northwesterly boundary of said lot 16 and southwesterly and southeasterly by the north- ; westerly and southwesterly boundaries of lot 19, as shown on Land Court Plan 2802-Z, to the intersection with the L northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.18 A district on the northerly side of Hayden Avenue comprising all of lot 19, as shown on Land Court plan 2802-z, and the westerly portion of lot 16, as shown on Land Court Plan 2802-Y, said district being bounded and described as follows: Beginning at the intersection of the northeasterly boundary of lot 19, as shown on Land Court Plan 2602-Z, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the easterly boundary of lot 7, as shown on Land Court Plan 16660-M; thence by said boundary of lot 7 northwesterly 422.45 feet and northeasterly 563.08 feet to the common boundary of lots A, shown on Land Court Plan 2802-D, and 16, shown on Land Court Plan 2802-1'; thence southerly by a line perpendicular to the northerly line of Cambridge-Concord Turnpike (Route 2), as laid out by the Commonwealth of Massachusetts on February 25, 1964, to the intersection with the north- easterly boundary of lot 19, as shown on Land Court Plan 2802-Z; thence southeasterly by said boundary of lot 19 to the point of beginning. 11:07 P. M. Joseph A. Campbell serves notice of reconsideration of Articles 69-73 inclusive. 11:08 P. M. 110 Article 74. Erik Lund states that the Planning Board is unanimously (Cont. ) in favor. (The Planning Board Report covering this article was presented at 10:29 P. M. with the reports covering Articles 69-74 inclusive. ) Frank T. Samuel, Jr. asks Mr. Lund if he would object to having the meeting adjourned and finish the article at the next meeting as forty members have already left. Mr. Lund stated that he would rather have the meeting act on the article at this time. 11:10 P. M. After general discussion, a standing vote was taken on Mr. Lundts motion as follows: In Favor Tellers Opposed ' 30 Donald M. Graham 37 Hugh M. Chapin 1 36 Donald P. Noyes 2 30 William R. Whalon 6= 133 14 More than the necessary two-thirds having voted in the affirmative, the motion is declared adopted. 11:20 P. M. Robert Cataldo moves that the meeting be adjourned to Wednesday, March 26, 1969, 7:30 P. M. in the Cary Memorial Hall. Carried Unanimously 11:21 P. M. 121444. A //(,���+, __j""" l Town Clerk .J UAL ADJOURNED TOWN MEETING HELD MARCH 26, 1969 Meting called to order by`the Moderator, Robert B. Kent, at 7:33 P. M. There were 181 Town Meeting Members present. Invocation offered by Rabbi Herbert Rosenblum of Temple Emunah. 7:36 P. M. Robert Cataldo moves that Article 14. be taken from the table which was carried by voice vote. 7:37 P. M. flArticle 11i,. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets 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 for such installation and land acquisition the sum of $20,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 7:37 P. M. Frank H. Totman moves that Articles 75, 82 and 83 be taken up together. Carried Unanimously 7:39 P. M. Articles 75, 82 and 83. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, any fee, easement or other interest in, all or any part of the following 77 parcels of land: Parcel One All or any part of a parcel of land containing 7.2 acres, more or less, situated on Vine Street and shown as Lot 1 . on Assessors Property Map 47; Parcel Two All or any part of the land off Grant Street, being those parts of Lots 110A, 110B, and 110C that lie southeasterly of the center line of the Vine Brook Easement, all as shown on a plan of land entitled "Plan of Land in Lexington, Massachusetts", dated December 10, 1951, made by Miller and Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds, Book 7850, Page 565; Parcel Three All or any part of the land on Hayes Lane being. lots numbered 39, 40, 41, 11,2, 14., 45, 46, 1 .7 and the greater portion of lot numbered 43 and the strip forty (1,0) feet wide, as shown on the plan entitled "Plan of Lots on the Fletcher Estate, Lexington, Mass. , George R. Blinn, Trustee", Clarence E. Carter, Civil Engineer, dated May 1914 and recorded with L Middlesex South District Registry of Deeds, Plan Book 228, Plan 21, all as described in a deed from Lexington Co-operative Bank dated August 12, 1941, recorded with said Deeds, Book 6527, Page 1401; and to raise and appropriate for said land acquisition the sum of $2,500.00. 7:47 P. M. Articles 75, 82 and 83 (Cont. ) Evert Fowle states that the Planning Board unanimously supports the Conservation Commission on these articles and urges passage. 7:47 P. M. Voice vote on main motion is not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 37 Thomas G. Taylor 0 32 Jack L. Mitchell 39 Robert A. Bittenbender 0 Richard H. Soule 0 „_,,, 150 4 More than the required two-thirds having voted in the affirmative, the motion is declared adopted. 7:50 P. M. Irving H. Mabee moves that Article 52 be taken from the table which was carried by voice vote. 7:50 P. M. Article 52. Presented by Irving H. Mabee. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for off-street parking all or any part of the land on and off Massa- chusetts Avenue containing 20,146 square feet, more or less, described in three deeds recorded in Middlesex South District Registry of Deeds, Book 674.5, Page 321, Book 6851, Page 225, and Book 691 , Page 337; and to raise and appropriate for such land acquisition the sum of $48,000.00. 7:52 P. M. Mr. Mabee states that the Board of Selectmen, Planning Board and Library Trustees are all in favor of purchasing this site. 7:59 P. M. Barbara M. Harvell asks Elizabeth H.Clarke of the Library Trustees that if this property was not purchased would this prevent the library from building its expansion. Mrs. Clarke stated that they could build but would have very limited parking facilities. 8:05 P. M. Board Francis T. Worrell states that the Plannin&/unanimously supports this article. 8:17 P. M. Donald R. Grant moves to amend the motion by adding the words "for library purposes" after the words "for off- street parking". 8:27 P. M. Mr. Mabee states the Board of Selectmen are opposed to Mr. Grant's amendment. 8:29 P. M. Hugh M. Chapin moves to amend Mr. Grant's amendment by striking out the words "for off-street parking for library purposes" and substituting therefor the words "for any library purposes". 8:36 P. M. to amend Mr. Grant's amendment Mr. Chapin's amendment/is declared carried by voice vote. 8:37 P. M. Edwin A. Bennett moves the previous question which was declared carried by voice vote. 8:L7 P. M. 113 Article 52. The amendment to the main motion to strike "for (Cont. ) off-street parking for library purposes" and substitute "for any library purposes" is voted on by standing vote as follows'' In Favor Tellers Opposed 18 Thomas G. Taylor 18 15 Jack L. Mitchell 24 29 Robert A. Bittenbender 10 25 Richard H. Soule 21 87 , 73 Motion to amend the main motion adopted. 8:49 p.[7 M. Standing vote on main motion, as amended, (which now reads as follows: ) MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for any library purposes all or any part of the land on and off Massa- chusetts Avenue containing 20,11.6 square feet, more or less, described in three deeds recorded in Middlesex South District Registry of Deeds, Book 6745, Page 321, Book 6851, Page 225, and Book 691.x, Page 337; and to raise and appropriate for such land acquisition the sum of $48,000.00. Standing vote taken as follows: In Favor Tellers Opposed 23 Thomas G. Taylor 13 18 Jack L. Mitchell 21 26 Robert A. Bittenbender 14 27 Richard H. Soule ?�1_ 91a. 72 , Less than the required two-thirds having voted in the affirmative, the motion is not adopted. 8:53 P. M. Eric Lund serves notice of reconsideration of Article 52. 8:55 P. M. Article 76. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 11.0 of the General Laws, all or any part of the land situated off Utica Street and shown as a parcel containing 7.5 acres, more or lesg, on plan entitled "Plan of Land in Lexing- ton, Mass.", dated October 13, 1944, Fred A. Joyce, Surveyor, recorded in Middlesex South District Registry of Deeds, Book 68]14, Page 178, together with the rights of way from said parcel to Vine Street as shown on said plan; and to raise and appropriate for said land acquisition the sum of $17,000.00. 8:56 P. M. Mr. Smith asks for permission for Stanley A. Brown to speak on the article. Permission granted. 8:57 P. M. Mr. Brown gives an explanation of the article. 8:57 P. M. 1.14 Article 76. Evert N. Fowle states that the Planning Board is unanimously (Cont. ) in favor of this article. 8:57 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 34. Thomas G. Taylor 0 26 Jack L. Mitchell 7 38 Robert A. Bittenbender 1 35 Richard H. Soule 5 133 13 More than the required two-thirds having voted in the --� affirmative, the motion is declared adopted. 9 P. M. Article 77. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 4.0 of the General Laws, any fee, easement or other interest in all or any part of Lots 23 through 4.0 on Grapevine Avenue on a plan entitled "Plan #2 Section #2 Farmhurst, Lex- ington, Massachusetts, Belonging to Neil McIntosh, Trustee", dated May 1919 by C. H. Gannett, C. E. , recorded with Middlesex South District Registry of Deeds in Plan Book 274., Plan 4.3; and to raise and appropriate for said land acquisition the sum of $500.00. 9:01 P. M. Robert M. Gary states that the Appropriation Committee recommends favorable action on this article. 9:02 P. M. James F. Fenake requests permission for Faye Kenney, who lives in the area, to speak. Permission granted. 9:03 P. M. Faye Kenney speaks in opposition. 9:05 P. M. Evert N. Fowle states that the Planning Board is unanimously in favor of this article. 9:06 P. M. Joseph A. Campbell moves to amend the motion by striking therefrom "and to authorize the Selectmen to take by eminent domain, upon the written request of the Con- servation Commission". 9:10 P. M. Mr. Fowle urges defeat of the amendment. 9:11 P. M. The amendment, as offered by Mr. Campbell, declared carried by voice vote. 9:12 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote. 9:13 P. M. Main motion, as amended, now reads: MOTION: To authorize the Conservation Commission to purchase or otherwise acquire for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, any fee, easement or other interest in all or any part of Lots 23 through 4.0 on Grapevine Avenue on a plan entitled "Plan #2 Section #2 Farmhurst, Lexington, Massa- chusetts, Belonging to Neil McIntosh, Trustee", dated May 1919 by C. H. Gannett, C. E., recorded with Middlesex South District Registry of Deeds in Plan Book 274., Plan 4.3; and to raise and appropriate for said land acquisition the sum of $500.00. Main motion, as amended, declared carried by voice vote. 9:16 P. M. 115 Article 78. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 79. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 80. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 81. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 84. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 9:21 P. M. Douglas A. Ross moves for reconsideration of Articles 22 and 23. 9:21 P. M. The Moderator moves for a five minute recess which was carried unanimously. 9:22 P. M. The meeting was called to order again by the Moderator at 9:32 P. M. The Moderator reads Articles 22 and 23 as passed at the March 19, 1969 Town Meeting: Articles 22 and 23. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road, from a point 108 feet, more or less, northwesterly of Goffe Road, a distance of 544 feet, more or less, northwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, amd to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate the sum of $60,000.00 for the construction of said way under Chapter 90 highway construction and for land acquisition therefor. 9:33 P. M. Mr. Ross explains his reasons for his motion to reconsider Articles 22 and 23. 9:40 P. M. Selectman, Roland B. Greeley speaks against reconsidera- tion. 9:I1 P. M. Allan F. Kenney speaks as a minority member of the Board of Selectmen. Mr. Kenney states that he has petitions signed by over five hundred residents of the six precincts of the town opposing this article and that he is filing the petitions with the Town Clerk. He speaks in favor of reconsidering these articles and agn.nst the main motion. 9:45 P. M. John F. Downey, Jr. moves the previous question which was declared carried by voice vote. 9:52 P. M. Reconsideration of Articles 22 and 23 was declared lost by voice vote, which was doubted, so Banding vote taken as follows: In Favor Tellers Opposed 11 Thomas G. Taylor 28 10 Jack L. Mitchell 31. 15 Robert A. Bittenbender 2L 25 Richard H. Soule 2L 61 110 Reconsideration of Articles 22 and 23 declared lost. 9:54 P. M. 1_ 16 Article 85. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the first paragraph of Section 2I. thereof beginning withthe words "No land shall " and ending with the words ". . , by General Laws. " and by substituting in place thereof the following: Section 2I.. No land shall be used and no structure shall be erected or used, except as provided in Section 25 entitled Use Regulations Schedule or in other sections of this By-Law, or as exempt by Section 30 or by General Laws. 9:55 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the report of the Planning Board. Main motion carried unanimously 9:56 P. M. Article 86. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the (Approved words "(not accessory to a permitted use on the same by lot)" in paragraph 25.52 of Section 25 - Use Regulations Attorney Schedule, by inserting in place thereof the words General, "(other than in connection with a use permitted in the Robert H. district by this Section)", and by adding at the end of Quinn, the second footnote to paragraph 25.80 of said Section July 7, 25 the words "and for uses permitted in RO, RS and RT 1969. ) districts need not be on the same lot as the principal use to which it is accessory". 9:57 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 9:57 P. M. ,.a Article 87. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the first paragraph of Section 26 thereof preceding subsection (Approved 26.1 and by inserting in place thereof the following new by paragraph: Attorney General, Section 26. A lot of land complying with the area and Robert H. frontage requirements specified in Section 27 hereof under Quinn, the caption Schedule of Dimensional Controls shall be July 7, provided for each dwelling or other principal use (other 1969. ) than an agricultural use) permitted in RO, RS and RT - residence districts and for any other use or uses per- mitted in other districts. Any building or structure located on a lot shall comply with the dimensional requirements of said Section 27, except where speci- fically provided otherwise by this By-Law or by General Laws. 9:58 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 9:59 P. M. Article 88. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the subsection 26.1 thereof and by inserting in place thereof the following new subsection 26.1: Aprir Article 88. 26.1 No lot upon which there is a building or for (Cont. ) which a building permit is in force shall be subdivided or otherwise changed in size or shape, except through (Approved public acquisitions, so as to result in violation of the by requirements of Section 27 :Schedule of Dimensional Attorney Controls and of other applicable requirements of this General, By-Law, and a lot already non-conforming shall not be Robert H. changed in size or shapesoas to increase the degree Quinn, of non-conformity or non-compliance with the require- July 7, ments of this By-Law. If land is subdivided, conveyed, 1969. ) devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this By-Law. 10 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. 10 P. M. Carried Unanimously 10:02 P. M. Article 89. Presented by r' rik Lund. MOTION: To amend the Zoning By-Law by inserting in (Approved the definition of yard in Section 40 thereof following by the word "fences" the words "gates or security stations '1, Attorney so that said definition of yard shall read as follows: General, _ Robert H. YARD: An open space on a lot unoccupied by a building Quinn, or structure or such parts thereof as covered or July 7, uncovered porches, steps, cornices, eaves and other 1939. ) projections; provided however that fences, gates or security stations, yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard but shall be subject to height limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto. 10:0L. P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:05 P. M. Article 90. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by striking out by the words "Minimum Yard Adjacent to RO, RS, RT, RM Attorney Districts" in the column captioned "District" of Section General, 27 - Schedule of Dimensional Controls and by inserting Robert H. in place thereof the words "Minimum Side and Rear Yard Quinn, Adjacent to RO, RS, RT, RM Districts". July 7, 10:05 P. M. 1969. ) Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:06 P. M. Article 91. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by adding at the end by of subsection 12.2 thereof under the caption Special Attorney Permits the following: such special permit may be granted General, when in the judgment of the Board of Appeals the public Robert H. welfare and convenience will be substantially served Quinn, thereby and where a requested permit will not tend to July 7, 19b9. ) 118 Article 91. impair the status of the neighborhood. (Cont. ) 10:07 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:07 P. M. Article 92. presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by adding in Section by 40 thereof under the caption Definitions immediately Attorney preceding the definition of a STRUCTURE the following General, new definition: Robert H. Quinn, STREET LINE: The boundary of a street right-of-way Jay 7, or layout. 1969. ) 10:07 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:07 P. M. Article 93. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by striking out in by paragraph 25.31 of Section 25 thereof the phrase Attorney "Greenhouses, including conservatories" and by inserting General, in place thereof the words "commercial greenhouses". Robert H. 10:08 P. M. Quinn, July 7, Mr. Lund states that the Planning Board is unanimously 1969. ) in favor of this article and files the Planning Board Report covering Articles 93 and 94. Carried Unanimously 10:08 P. M. Article 94. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by adding at the by end of the enumeration of accessory uses in the para- Attorney graph 25.80 of Section 25 thereof the following: General, "Greenhouses not intended and not used for commercial Robert H. purposes and subject to regulation as a structure". Quinn, July 7, Mr. Lund states that the Planning Board is unanimously 1969. ) in favor of this article and that the Planning Board Report was filed with the report covering Article 93. Carried Unanimously 10:10 P. M. Article 95. Francis T. Worrell moves to amend the Zoning By-Law as set forth in Article 95 of the warrantfor this meeting. (Approved (To amend the Zoning By-Law by striking out the by description of the CG general business district 23.82 in Attorney Section 23 thereof and by inserting in place thereof the General, following new .description: Robert H. Quinn, 23.82 A district at the junction of Lowell Street July 7, and North Street as follows: on both sides of Lowell 1969. ) Street a distance of 300 feet northerly from the points of intersections of the center lines of Lowell Street and North Street, on the easterly side ofLowell Street a distance of 300 feet southerly from the point of intersection of the center lines of Lowell Street and North Street northeast of Lowell Street, and on both sides of North Street a distance of 200 feet northeasterly from the point of intersection of the center lines of Lowell Street and North Street, and on the northeasterly 119 Article 95. side of North Street a distance of 250 feet north- (Cont. ) westerly from the intersection of the center lines of Lowell Street and North Street, and of a depth of 100 feet from the adjacent street lines in each instance. ) Mr. Worrell discusses Articles 95 and 96 together. He states that the Planning Board is unanimously in favor of this article and files the Planning Board Report covering Articles 95 and 96. 10:13 P. M. Carried Unanimously 10:17 P. M. Article 96. Francis T. Worrell moves to amend the Zoning By-Law as set forth in the warrant for this meeting in Article 96. 10:18 P. M. (Approved (To amend the Zoning By-Law by striking out the descrip- by tion of the CG general business district 23.84 in Section Attorney 23 thereof and by inserting in place thereof the General, following: Robert H. Quinn, 23.84. Districts at the junction of Woburn and Lowell July 7, Streets upon the northeasterly, southeasterly and south- 1969. ) westerly corners thereof and extending for a distance of 200 feet along each street from the junction points of the side lines of each street; thence back at right angles to each said street until the exterior lines intersect. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and the Planning Board Report was filed under Article 95. Carried Unanimously 10:18 p. M. Article 97. Francis T. Worrell moves to amend the Zoning By-Law as stated in Article 97 of the warrant for this meeting. 10:19 P. M. (Approved (To amend the Zoning By-Law by striking out the by subsection 11.3 thereof and by inserting in place thereof Attorney the following new subsections 11.3 and 11.4.: General, Robert H. 11.3 A permit to erect, relocate or alter any Quinn, building or structure shall be deemed a permit to occupy July 7, or use such building or structure for the use and 1969. ) purposes set forth in such permit when the building or structure is completed to the satisfaction of the Building Inspector in accordance with the provisions of such permit and with the plans and specifications filed with the Building Inspector, and when adequate means of sewage disposal have been provided; provided, however, that the right to occupy or use shall be subject to revocation, modification or denial in accordance with the provisions of this by-law and other applicable laws. 11.4. The Building Inspector may, with the concurrence of ne Planning Board, issue certificates of compliance with the zoning by-law stating that, in his opinion, an existing orproposed specific use of land, buildings or structures is or would constitute a permitted use and listing such references to the provisions of this by-law r and to restrictions or conditions as he may deem pertinent. A reasonable fee, as set from time to time by the Selectmen, may be charged for each certificate of compliance. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:20 P. M. 120 Article 98. Francis T. Worrell moves to amend the Zoning By-Law as set forte-. in Article 98 of the warrant for this meeting. 10:23 P. M. (To amend the Zoning By-Law by striking out the (Approved text of the footnote j. in Section 27 thereof entitled by Schedule of Dimensional Controls and by inserting in place Attorney thereof the following new text of footnote j. : General, Robert H. Along the southwesterly side of Bedford Street between Quinn, the Northern Circumferential Highway (Route 128) and July 7, Hartwell Avenue there shall be a front yard of 233 feet 1969. ) measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, dated June 3, 1958, and shown as auxiliary base line "F" on the State Highway Alteration layout 5016, dated August 30, 1960. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried 'Unanimously 10:25 P. M. Article 99. Presented by Eric T. Clarke, MOTION: To amend the Zoning By-Law by striking out the words"sanitaria, nursing, convalescent and rest homes, homes for the aged" in the enumeration of permitted uses in paragraph 25.22 of Section 25 - USE REGULATIONS SCHEDULE. 10:26 P. M. Mr. Clarke states that the Planning Board unanimously opposes this article and files the Planning Board Report covering' Articles 99 and 100. 10:28 P. M. Motion, as presented by Mr. Clarke, declared lost by voice vote. 10:35 P. M. Article 100. Presented by Eric T. Clarke. MOTION: To amend the Zoning By-Law as follows: (See A. By striking out the reference to and the text of Page 102 footnotes e. and g. in Section 27 - Schedule of for Dimensional Controls, and that portion of the text adopted of footnote e. of said Section 27 beginning with motion.) the words "for uses permitted on Special Permit", and by inserting a new footnote e. reading as follows: g. Certain institutional uses allowed in RO, RS and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 26.7 reading as follows: 26.7 Any sanitarium, nursing-home, convalescent home, rest home, or home for the aged with a design capacity or actual capacity of 15 beds or more must comply with all of the following requirements in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area; Maximum portion of lot covered by buildings: 10%" of the lot area; 121 Article 100. Maximum permitted capacity or occupancy: (Cont. ) 15 beds per acre of lot area up to and including a maximum of 120 beds. Minimum required parking: one parking space for each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect in any way any special permits granted prior to March 31, 1969 or any building permits requested or granted in connection with such special permits granted prior to March 31, 1969. C. By adding in subsection 32.1 entitled Sum&u LE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in R0, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARKING following the words "Reasonable sufficient" the words "or as required by subsection 26.7 for the uses described therein". D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12.2)" the designation "0%", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law. 10:40 P. M. The Report of the Planr±ng Board was filed under Article 99. Howard M. Kassler moves to amend the motion by striking, at the end of B. the following language: "The preceding requirements shall neither govern nor affect in any way any special permits granted prior to March 31, 1969 or any building permits requested or granted in connection with such special permits granted prior to March 31, 1969." 10:47 P. M. Howard L. Levingston moves to lay the subject matter of this article on the table which was declared lost by voice vote. 10:50 P. M. Motion to amend, as offered by Mr. Kassler, declared lost by voice vote. 10:50 P. M. Ephraim Weiss moves to amend the motion by adding after "Maximum portion of lot covered by buildings: 10% of 7- the lot area" (in B. ) the words "up to a maximum eight j tenths of an acre". 10:55 P. M. L Richard H. Soule moves to adjourn the meeting to Monday, March 31, 1969, Cary Memorial Hall at 7:30 P. M. 10:55 P. M. Allen Lee Whitman, Jr. moves to amend the motion to read 8 P. M. whichwas declared carried by voice vote. 10:55 P. M. Motion to adjourn the meeting to Monday, March 31, 1969, Cary Memorial Hall at 8 p. M. declared carried by voice vote. 10:57 P. M. 1q, 1)2(1(94-1444, Town Clerk 122 Richard Best Blomfield, 11 Patterson Road, resigned as a Town Meeting Member, Precinct Six, effective March 27, 1969. ADJOURNED TOWN MEETING 11h:LD MARCH 31, 1969 Meeting called to order by the Moderator, Robert B. Kent at 8:02 P. M. There were 198 Town Meeting Members present. I Invocation offered byRev. Doctor Stanley S. Harakas of the Greek Orthodox Church. 8:05 P. M. Robert Cataldo asks the meeting to pause briefly to honor the memory of former President Dwight D. Eisenhower and the members rose for a moment of silence. 8:07 P. M. The Moderator states that Article 100 is again open. Article 100. Ephraim Weiss asks that the amendment he offered under Article 100 at the March 26, 1969 Town Meeting be withdrawn. There were no objections so the Moderator states that the amendment is withdrawn. 8:08 P. M. Eric T. Clarke presents the following: (Motion MOTION: That the subject matter of Article 100 of as the warrant for this meeting be referred to the Planning adopted) Board for further study, said Board to report its findings and recommendations thereon to a future Town Meeting not later than the 1970 Annual Town Meeting. 8:08 P. M. Motion, as offered by Mr. Clarke, to refer back to the Planning Board for further study, declared carried unanimously. 8:11 P. M. Thomas G. Taylor moves that Article 13 be taken from the table. Carried Unanimously 8:11 P. M. Article 13. Presented by Thomas G. Taylor: MOTION: That the subject matter of Article 13 of the warrant for this meeting be referred to the Permanent (Motion Building Committee to obtain new bids for the con- as struction and original equipping and furnishing of a adopted) junior high school on the land situated on and off Marrett Road, that said Committee be and hereby is authorized to retain. professional services to revise in such manner as it shall determine the existing plans and specifications prepared for said junior high school; and that the sum of $7,000.00 be raised and appropriated for the expenses of said Committee including the aforesaid professional services and the costs of preparation and printing of the contract documents. 8:13 P. M. Mr. Taylor gives an explanation and then asks for permission for Charles Spaulling of the Permanent Building Committee to speak. Permission granted. 8:24 P. M. Mr. Spaulding gives an explanation of the construction costs. 8:30 P. M. Mr. Taylor summarizes and urges support of this motion. 8:31 P. M. Robert A. Bittenbender moves to amend the motion by deleting it in its entirety and substituting therefor the following: 123 Article 13. MOTION: That the subject matter of Article 13 of the (Cont. ) warrant for this meeting be referred to the Permanent Building Committee for further study, including the study of the feasibility of the acquisition and use for public school purposes the land and school buildings on Pelham Road now operated by Grey Nuns Charities, Inc. under the name of Lexington Academy, said Committee to report its findings and recommendations thereon to a future town meeting not later than. the 1970 Annual Town Meeting; and to raise and appropriate the sum of $20,000.00 for the expenses of the committee in carrying out this study. 8:49 P. M. [- Mr. Bittenbender explains his motion. 8:52 P. M. After general discussion, Paul G. Yewell moves the previous question which was declared lost by voice vote. 9:10 P. M. Robert M. Gary states that the Appropriation Committee recommends unfavorable action on the motion as offered by Mr. Bittenbender. 9:12 P. M. Motion, as offered by Mr. Bittenbender, declared lost by voice vote. 9:12 P. M. Robert V. Whitman moves to amend the existing motion by deleting it in its entirety and substituting therefor the following: MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under. Article 73 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized to enter into a contract or contracts for the construction and original equipping and furnishing of a new junior high school on the parcel of land situated on and off Marrett Road that was acquired for r- school, playground and other public purposes in 1965, and to supervise the work; and that the sum of $5,455,000,00 be appropriated therefor and that payment be provided by the transfer of $13,392.15 from the Stabilization Fund established under General Laws, Chapter 40, Section 5B, the transfer of $6,268.88 from the unexpended balance of the appropriation for alterations and additions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, the transfer of $15,228.96 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town Meeting, the transfer of $9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Town Meeting, the transfer of 811,076.4.8 from the unexpended balance of the appropria- tion for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January 28, 1963 Special Town Meeting, and the issue of -°� bonds or notes of the Town for the sum of $5,400,000.00; and that the Treasurer, with the approval of the Sel- ectmen, be and he hereby is authorized to borrow the sum of $5,400,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accord- ance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates. 9:18 P. M. 4 Article 13. Robert M. Gary statesthat the Appropriation Committee (Cont. ) recommends unfavorable action on the motion as offered by Mr. Whitman and favorable action on Mr. Taylor's motion. 9:28 P. M. After general discussion, Joseph 0. Rooney moves the previous question which was declared carried by voice vote. 9:48 P. M. Amendment, as offered by Mr. Whitman, declared lost by voice vote. 9:L.8 P. M. Motion, as offered by Mr. Taylor, declared carried by voice vote. 9:48 P. M. John J. Seitz moves for a five minute recess which was declared —` carried by voice vote. 9:50 P. M. Meeting again called to order by the Moderator at 9:59 P. M. Article 66. Thomas G. Taylor moves that this article be indefinitely postponed. Carried Unanimously 9:59 P. M. Article 101. Presented by Donald M. Graham. MOTION: That the subject matter of Article 101 be referred to the Planning Board for further study and for investigation of alternative methods of promoting the availability of housing in Lexington for families of moderate incomes, a concept which this meeting hereby endorses, and for a report by the Planning Board of its findings and recommendations to a future Town Meeting not later than the 1970 annual Town Meeting. 10:01 P. M. Mr. Graham states that the Planning Board unanimously favors passage of this article. 10:05 P. M. Roland B. Greeley states that the Lexington Commission on Suburban Responsibility unanimously favors passage of this article. 10:05 P. M. Paul J. MacKenzie asks that Russell Oatman be recognized and permission was granted for Mr. Oatman to speak. 10:09 P. M. Mr. Oatman speaks for the residents of the area opposing this article. 10:15 P. M. Van T. Boughton moves the previous question which was declared carried by voice vote. 10:18 P. M. Paul B. West serves notice of reconsideration of Article 13. 10:18 P. M. Article 101. Motion, as presented by Donald M. Graham, under Article (Cont. ) 101 was declared carried by voice vote. 10:19 P. M. Article 102. presented by Evert N. Fowle. MOTION: To raise and appropriate the sum of $3,000.00 for consulting services to be contracted for by the Planning Board for a study of high accident locations -- and plans for the improvement of traffic safety and the installation of traffic safety devices at such locations; and to authorize the Planning Board to apply for and obtain on behalf of the town any state or federal grants or reimbursements of the cost of such study for which the town may be eligible. 10:20 P. M. 2e Article 102. Robert M. Gary states that the Appropriation Committee (Cont. ) recommends unfavorable action on this article and reads from the Appropriation Committee Report. 10:25 P. M. Robert Cataldo states that the Board of Selectmen support this article. 10:28 P. M. After general discussion, Stillman P. Williams moves the previous question which was carried unanimously. 10:37 P. M. Motion, as offered by Mr. Fowle, declared lost by voice vote. 10:38 P. M. Article 103. Presented by Evert N. Fowle. MOTION: To raise and appropriate the sum of $5,000.00 for consulting services to be contracted for by the Planning Board for a planning study of traffic conditions between Bedford Street and Rte. 2 at the Arlington town line, the evaluation of the need, feasibility, cost and safety aspects of the various methods of improving traffic conditions through the central business district and thence to Route 2 at the Arlington line, and selection of the preferred alter- native plans, including the preliminary engineering estimates therefor; and to authorize the Planning Board to apply for and receive on behalf of the town any state or federal grant or reimbursement of the cost of such study for which the town may be eligible. 10:L.0 P. M. Mr. Fowle states that the Planning Board unanitous-ly recommends passage of this article. 10:t..7 P. M. Richard H. Soule moves that the meeting be adjourned to Wednes- day, April 2, 1969 at 7:30 P. M. 10:53 P. M. Gordon E. Steele moves to amend Mr. Soule's motion by deleting it in its entirety and substituting therefor a motion to adjourn the meeting to Monday, April 7, 1969 at 8 P. M. Mr. Steele' s motion declared lost by voice vote. 10:53 P. M. Frank Sandy moves to amend Mr. Soule's motion by deleting it in its entirety and substituting therefor a motion to adjourn the meeting to Tuesday, April 1, 1969 at 7:30 P. M. 10:54 P. M. Mr. Sandy's motion declared lost by voice vote. 10:55 P. M. Mr. Soule's motion to adjourn declared lost by voice vote. 10:57 P. M. Article 103. Main motion, as offered by Mr. Fowle, under Article (Cont. ) 103 declared lost by voice vote which was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed -- 31} Robert E. Bond 11 1 Temple E. Scanlon 21�. 28 Frederick C. Frick 13 19 Allan Green 33 97 81 Carried 10:58 P. M. 126 Article 104.. .MOTION: That the Selectmen be and they hereby are authorized to abandon such portions of the sewer ease- ments and drain easements granted to the Town by Benjamin Presented Franklin Homes, Inc. by instrument dated November 21, by 1966, recorded in Middlesex South District Registry of Eric T. Deeds, Book 11257, Page 601, as are no longer required Clarke by the Town; and that the minimum amount to be paid for such abandonment- shall be $1.00 and the grant to the Town of sewer easements and drain easements which shall be approved by the Planning Board and acceptable to the Selectmen in lieu of the easements hereby authorized to be abandoned; and that the instrument of abandon- ment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 11:05 P. M. Article 105. Presented by Donald M. Graham. MOTION: That the subject matter of Article 105 of the warrant for this meeting be referred to the Board of Selectmen for further study and a report to town meeting no later than the next annual meeting, which report shall include (1) a report from the Board of Health on the status of enforcement within the town of theState Sanitary Code; (2) the joint recommendations of the Board of Health and the Planning Board for the establishment of a long-range housing code enforcement program designed to assure the maintenance of all residential properties within the town at no less than minimum housing standards by means of systematic, periodic inspections or other means; and (3) the findings and recommendations of the Board of Selectmen with respect to the procedures, personnel and budget requirements for such a program. 11:07 P. M. Mr. Graham states that the Planning Board unanimously recommends passage of this article. 11:09 P. M. Carried by voice vote. 11:09 P. M. Article 106. Presented by Charles E. Parks. MOTION: To amend the Zoning By Law to provide for Garden Centers as a permitted principal use in all districts subject to a special permit by the Board of Appeals, as follows: A. By adding in Section 1.0 the following definition: GARDEN CENTER: Premises used for propagating from seed or otherwise, trees, shrubs, plants, flowers, bulbs and seed; the selling of such items', whether grown onthe premises or elsewhere, and of containers and supports therefor and decorative items -used therewith; the selling of chemicals, pesticides, insecticides, peat moss, humus, mulches and fertilizers intended to preserve the life and health of such items; and, as a supplement to the foregoing, the selling of hand gardening tools and equipment, garden hose and watering devices, and bird feeders, food, houses and baths, and, in seasnn, Christmas trees, wreaths and decorations. B. By adding in Section 24. a new subsection reading as follows: 2L..5 Garden Centers permitted by Special Permit under Subsection 12.2 shall have a minimum land area of five acres, be subject to the requirement that at least fifty (50) per cent of the total annual dollar volume of sales on the premises shall consist of the proceeds of sale of 121 Article -106. items grown on the premises, provide adequate (Cont. ) off street parking on the premises, and be subject to such requirements as to parking, lighting, hours of operation, and screening from adjacent residential property as the Board of Appeals may deem necessary to preserve the character of the neighborhood. Commercial nurseries operating in the town on the date of adoption of this provision and having a land area of less than five acres may be granted a Special Permit by the Board of Appeals to operate as garden centers if they have a land area of at least two acres, provided that the r-. Board determines that such permission would not impair the character of the neighborhood and can be granted without substantial derogation from the intent and purpose of this By Law. C. By adding in Section 25, Use Regulation Schedule, a new Paragraph 25.35 to read in the column headed ttUse Designation--As a Principal Use", -- Garden Centers (see Subsection 2L.5)--, and to read for each district in the columns headed "District", --SP; so that said new paragraph will appear as follows: Use Designation District RO As a Principal Use RT RM CR CH CM CO CS CN CG CB RS a. P w v v v v v .r .r y v v �. v v .r ..r v �r v y v ,r ar y v .r ar ,r l v v :l• I\ n :\ A A I. :\ :\ h a h I1 a I� A :i a A :\ .0 a a :a .s :i .\ A :s a I\ M a n 25.35 Garden Centers (See Subsection 2L1..5) SP SP SP SP SP SP SP SP SP SP SP n n n n n :.- :. ., . .. .. 'n .. :{ * iC •if n n •In n 'n •n ., :i •s• :C :. .. .0 'n' iC n 11:13 P. M. Mr. Parks asks for permission for Harold E. Stevens to speak. Permission granted. 11:13 P. M. Mr. Stevens speaks in favor of the motion. 11:16 P. M. Evert N. Fowle submits the Report of the Planning Board and states that the Planning Board is opposed to this article. 11:17 P. M. Mr. Fowle moves to amend the motion by striking the motion as read and substitute therefor the following: MOTION: I move that the subject matter of Article 106 by referred to the Planning Board for further study and that the Board be requested to submit a report and recommendations no later than the next Annual Town Meeting. 11:17 P. M. Mr. Fowle states that the Planning Board unanimously recommends passage of the amendment. 11:21 P. M. Mr. Fowlers motion to amend declared carried by voice vote which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 27 Robert E. Bond lL 8 Temple E. Scanlon . 33 30 Frederick C. Frick 10 21 Allan Green 27 86 84 Carried 11:25 P. M. 12 Richard H. Soule moves to adjourn the meeting to Monday, April 7,. 1969 at 8 P. M. 11:25 P. M. Selectman Robert Cataldo states that Articles 108 through 112 are to be indefinitely postponed so that there is just one more article to be acted upon. 11:25 P. M. Charles E. Parks serves notice of reconsideration of Article 106. 11:27 P. M. Amendment to adjourn, as offered by Mr. Soule, declared lost by voice vote. 11:28 P. M. Article 107. Presented by Richard A. Michelson. MOTION: To amend the Zoning By-Law in accordance with Article 107 as set forth under Article 107 in the warrant for this meeting. 11:28 p. M. (To amend the Zoning By-Law by adding at the end of Section 23.1 CR Office and Research Park Districts, the following new paragraph: A district on the Lexington and Waltham boundary, on the easterly side of the Northern Circumferenctial Highway (Route 128), on the southeasterly side of the Route 12$-Route 2 Interchange, and described as follows: Beginning at the intersecting point of the Algonquin Gas Transmission base-line, and the southerly line of Route 2 as laid out by the Common- wealth of Massachusetts on February 25, 1964, thence in Q a Southwesterly direction along said base-line to the �southerly along property line of land court case #22262 to the continuing base-line; thence southerly along said base-line to the property line now or formerly of Florence Baldwin; thence southeasterly along said property line now or formerly of Florence Baldwin to the intersection of the common boundary of the Town of Lexington and the City of Waltham; thence in a Westerly z directionalong such boundary to the westerly sideline of Spring Street; thence in a Northerly direction by said westerly sideline of Spring Street by the boundary s of the existing CR district; thence in a westerly, northerly and northwesterly direction by the boundary of the existing CR district to the southeasterly intersection of Route 128 and Route 2; thence in an A Easterly direction along Route 128 and Route 2 to the 0 point of beginning. ) z Mr. Michelson asks that Attorney Hugh Mulligan be o recognized. Permission granted. 11:28 P. M. Mr. Mulligan speaks in favor of the article. 11:IE0 P. M. a Evert Fowle reads excerpts of the Planning Board Report and states that the board unanimously opposes this article and recommends that the article be defeated. He submits the Planning Board Report which is placed on file. 0 11:45 P. M. After general discussion, the motion, as presented by Mr. Michelson, is declared lost by voice vote. 12:02 A. M. Article 108. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. X29 Article 109. Robert Cataldo moves that this article be indefinitely postponed, Carried Unanimously 12:02 A. M. Article 110. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. Article 111. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. Article 112. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:03 A. M. Robert Cataldo moves that the meeting be dissolved. Carried Unanimously 12:03 A. M. lei le -2)1,4,-.4, Town Clerk SPECIAL ELECTION TOWN MEETING MEMBERS - PRECINCT SIX MAY 5, 1969 A vacancy exists in the town meeting membership in Precinct Six due to the resignation of Richard Best Blomfield effective March 27, 1969. Ordinarily, the person receiving the next highest number of votes at the Annual Election in March is automatically moved up to fill any vacancy. However, at the March 3, 1969 Annual Election there was a three-way tie in this particular position. John R. Holt, 52 Bellflower Street, James L. Jones, 45 Middle Street and Edwin M. Kellogg, 45 Forest Street, received 164 votes each. A Special Election for Town Meeting Members of Precinct Six only was held in the Town Clerk' s Office, Town Office Building at 7:30 P.M. to determine who would fill this vacancy for a term ending in March 1970. The person receiving the next highest number of votes would fill any vacancy occurring before the 1970 Annual Town Election. John J. Maguire acted as Chairman of the meeting and James M. McLaughlin acted as Clerk. There were 22 Town Meeting Members from Precinct Six present. The result of the paper ballot voting is as follows: John R. Holt 9 James L. Jones 2 Edwin M. Kellogg 11 Total 22 Edwin M. Kellogg was duly elected as a Town Meeting Member from Precinct Six for a term ending March 1970. It will be in order for Mr. Holt and then Mr. Jones to fill the next two vacancies in Precinct Six, if any should occur before the 1970 annual election. Aamt -7-Xf 4'1 / J Town Clerk 130 SPECIAL TOWN MEETING HELD Juni 2, 1969 The meeting was called to order by the Moderator, Robert B. Kent, at 8:02 P. M. There were 189 Town Meeting Members present. The invocation was offered by Rev. John M. Wells of the First Parish Church. 8:05 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:07 P. M. The Town Clerk read the Constable's Return of the warrant. 8:07 P. M. Article 1. Robert M. Gary reads a portion of the Report of the Appropriation Committee and then moves that said report be accepted and placed on. file. Carried Unanimously 8:09 P. M. Article 2. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are auth- orized to retain professional services to prepare final plans and specifications and to obtain bids for alterations and additions to the Town office building and alterations and additions to the police building, and that the sum of *0,000.00 be raised and appropriated therefor. 8:10 P. M. Mr. Cataldo gives an explanation. Carried by voice vote. 8:12 P. M. Robert Cataldo, Chairman of the Board of Selectmen, offers the following motion: Motion: That this meeting be adjourned until the meeting called for 8:15 P. M. on June 2, 1969- is recessed or dissolved. Carried Unanimously 8:13 P. M. The Moderator declares a recess for two minutes. SECOND SPECIAL TOWN MEETING HELD JUNE 2, 1969 The meeting was called to order by the Moderator, Robert B. Kent, at 8:19 P. M. There were 189 Town Meeting Members present. Town. Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:20 P. M. The Town Clerk read the Constable's Return of the warrant. 8:20 P. M. Article 1. Robert M. Gary moves that the Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:21 P. M. Article 2. Presented by Thomas G. Taylor. (Article MOTION: That the Permanent Building Committee, appointed lost at under authority of the vote adopted under Article ?3 of Special the Warrant for the 1967 Annual Town Meeting be and hereby Referend- is authorized to enter into a contract or contracts for um - the construction and original equipping and furnishing of See Page a new junior high school on the parcel of land situated 138. ) on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, and to supervise the work; and that the sum of $5,515,000.00 be 13 Article 2. appropriated therefor and that payment be provided by (Cont. ) the transfer of $23,392.15 from the Excess and Deficiency Account, the transfer of $6,268.88 from the unexpended balance of the appropriation for alterations and addi- tions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, the transfer of $15,228.96 from theunexpended balance of the appropriation for the construction, original equipping and furnishing of the Diamond Junior High School voted under Article 7- of the Warrant for the May 12, 1958 Special Town Meeting, the transfer of $9,033.53 from the unexpended balance of the appro- priation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the. 1960 Annual Town Meeting, the transfer of $11,076.48 from the unexpended blance of the appropriation for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January 28, 1963 Special Town Meeting, and the issue of bonds or notes of the Town for the sum of $5,450,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $5,4.50,000.00 under the authority of Chapter 64.5 of the Acts of 1948, as amended, 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 twenty years from their dates. 8:23 P. M. Mr. Taylor gives an explanation. 8:30 P. M. The Moderator, states that he has been asked if it would be in order at this time, to serve notice of Article 2 being reconsidered, and that after discussion withtheTown Counsel, Donald E. Legro, it may done at this time, up to 8:42 P. M. Manfred P. Friecin serves notice of reconsideration of Article 2 in the warrant for the meeting called for this date at 8 P. M. 8:32 P. M. Van T. Boughton, Jr. states that the Capital Expenditures Committee are in favor of the building of the junior high school, and although they are not too happy about the cost; they still feel that the need for the school is there. 8:36 P. M. Paul G. Yewell, Town Treasurer, briefly describes the money market as of this time, and feels that as the rates are so high that it is not the time to build_ the school. 8:38 P. M. Lilah H. Groisser speaks in behalf of the League of Women Voters in favor of this motion. 8:42 P. M. After general discussion, a voice vote was taken on the main motion, but as it was not a unanimous vote, a standing vote was taken as follows: In Favor Tellers Opposed 35 Frederick E. Tucker 2 33 Burt E. Nichols 12 38 Donald P. Noyes 2 Martin A. Gilman 8 151 �1! More than the required two-thirds having voted in the affirmative, the motion, as presented by Mr. Taylor, is adopted. 8:4.9 P. M. Robert Cataldo moves that, this meeting be dissolved which was carried by voice vote. 18:55 P. M. 44144t.fl )7F4owlre Town Clerk 132 FIRST SPECIAL TOWN MEETING HELD JUNE 2, 1969 (CONT. ) The Moderator, Robert B. Kent, - called to order the meeting that was called for 8 P. M. which was adjourned until the meeting called for 8:15 P. M. on June 2, 1969 was recessed or dissolved. 8:55 P. M. Article 3. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:55 P. M. Article I1.. Presented by Roland B. Greeley. MOTION: To (1) authorize and instruct the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, on behalf of the Town (a) to initiate and carry on discussions with the contractor or contractors for the construction and original equipping of a new Junior High. School on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, concerning employment on the project of minority-group trainees and skilled workers, in order. to meet labor shortages, maintain an ample force of workers and tradesmen, and provide more equal opportunities for minority-group employment in the construction trades; and (b) from time to time to submit requests to the contractor to utilize, in such manner as the Permanent Building Committee shall specify, parti- cular referral agencies and training programs concerned with equal employment opportunity in the construction trades; (2) authorize said Permanent Building Committee on behalf of the Town to agree with the contractor that any such specific request be treated as a change in the work pursuant to the provisions of the contract, and (in- sofar as compliance with any such specific request can be shown to occasion additional expense to the contractor) to pay additional compensation therefor as provided by the contract; and (3) to raise and appropriate the sum of $10,000.00 for the aforesaid purposes. 8:58 P. M. Arthur T. Bernier speaks in favor of the motion and asks that Jerome Weinstein of the Job Task Force and Professor Frank Michelman of the Harvard Law School be recognized. Mr. Weinstein and Prof. Michelman speak in favor of the motion. 9:10 P. M. Natalie H. Riffin speaks in behalf of the League of Women Voters in favor of the motion. 9:15 P. M. After general discussion the main motion was declared carried by voice vote. 9:37 P. M. Roland B. Greeley moves that Article 9 be taken up at this time. Carried by voice vote. 9:38 P. M. Article 9. Presented by Roland B. Greeley. (Article MOTION: To amend the .General By-Laws by inserting in lost at ARTICLE XXI thereof a new Section 2. to read substantially Special as follows: Referendum- See Page Section 2. All boards, officers, co:mnittees, and 138. ) other agencies of the Town, which deal on behalf of the Town in making contracts for the purchase of goods or servicesor for the construction, renovation, or repair of buildings or other improvement of real estate, may make appropriate arrangements for special programs of recruitment and training with the objective of equal employment opportunity for m�.�embers in the various grades and classes of work performed, pursuant to such contracts, minority-group 33 Article 9. and, subject to appropriations specifically designated (Cont. ) for such purposes, may expend Town funds and may make such arrangements, when appropriate, in the form of require- ments, to be included in such contracts, that contractors engage in such recruitment, training, and employment as a part of the work to be performed, or may make such arrangements in the form of collateral agreements with contractors. 9:39 P. M. Professor Frank Michelman speaks in favor of the motion. 9:47 P. M. Donald E. Legro, Town- Counsel, asks Mr. Greeley if he would mind deleting the word "substantially" from the first sentence of his motion and Mr. Greeley agreed to delete said word. 9:I.7 P. M. John J. Garrity moves that this article be indefinitely postponed. 9:52 P. M. Martin A. Gilman moves the previous question which was declared carried by voice vote. 9:53 P. M. Voice vote on the motion to indefinitely postpone this article was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 12 Frederick E. Tucker 27 34 Burt E. Nichols 11 13 Donald P. Noyes 29 25 Martin A. Gilman 28 84 95 Motion, to indefinitely postpone Article 9, declared lost. 9:59 P. M. Standing vote on main motion with deletion as suggested by Mr. Legro (which now reads as follows: ) MOTION: To amend the General By-Laws by inserting in ARTICLE XXI thereof a new Section 2. to read as follows: Section 2. All boards, officers, committees, and other agencies of the Town, which deal on behalf of the Town in making contracts for the purchase of goods or services, or for the construction, renovation, or repair of buildings or other improvement of real estate, may make appropriate arrangements for special programs of recruitment and training with the objective of equal employment opportunity for minority-group members in the various grades and classes of work per- _ formed pursuant to such contracts, and, subject to appro- priations specifically designated for such purposes, may . expend Town funds and may make such arrangements, when appropriate, in the form of requirements, to be included in such contracts, that contractors engage in such re- cruitment, training, and employment as a part of the work to be performed, or may make such arrangements in the form of collateral agreements with contractors. Standing vote taken as follows: In Favor Tellers Opposed 27 Frederick E. Tucker 11 11 Burt E. Nichols 33 29 Donald P. Noyes 13 27 Martin A. Gilman 25 2 Motion, as presented by Mr. Greeley with deletion, declared adopted.10:02 P. M. 134 Article 5. Presented by Thomas G. Taylor. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:02 P. M. Article 6. Presented by Irving H. Mabee. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwi 135 Article 7. In Favor Tellers Opposed (Cont. ) 20 Frederick E. Tucker 14 7 Burt E. Nichols 31 25 Donald P. Noyes 16 17 Martin A. Gilman 29 69 90 Motion declared lost. 10:1.2 P. M. Evert N. Fowle moves for reconsideration of Article 2. 10:42 P. M. Frank Sandy serves notice of reconsideration of Article 6. 10:43 P. M. Evert N. Fowle explains his reasons for asking for reconsideration of Article 2. 10:51 P. M. Stephen T. Russian moves the previous question which was carried unanimously. 10:53 P. M. Motion to reconsider Article 2 declared lost by voice vote. 10:54 P. M. Article 8. Presented by Robert Cataldo. MOTION: That the Cemetery Commissioners be and they hereby are authorized to retain professional services and prepare plans and specifications for an addition to the existing building at Westview Cemetery, to enter into a contract or contracts for the construction of said addition, and to supervise the work; and that the stmt of $11,000.00 be appropriated therefor and that payment be provided by the transfer of $11,000.00 from the Westview Cemetery Sale of Lots Fund. 10:55 P. M. Mr. Cataldo explains the need for the building. 10:57 P.M. Robert M. Gary states that the Appropriation Committee recommends unfavorable action. 10:58 P. M. Motion, as presented by Mr. Cataldo, delcared lost by voice vote. 11 P. M. Article 10. Presented by Robert Cataldo. MOTION To raise and appropriate an additional sum. of $7,000.00 to be used in conjunction with money appropriated under Article 6 of the Special Town Meeting held on June 12, 1967 for the purpose of meeting the Town's share of the expenses of the West Suburban Regional Refuse Dis- posal sis-posal Planning Board formed by the regional refuse dis- posal planning committees of the towns of Lexington, Bedford, Concord, Lincoln and Weston and the city of Waltham, pursuant to the provisions of Chapter 4}.0, Section,44B, of the General Laws, as amended. 11:01 P. M. Robert M. Gary states that the Appropriation Committee — would prefer to have this article come up for consideration next March and moves that this article be indefinitely postponed. 11:08 P. M. William R. Whalon, Lincoln P. Cole, Jr. and Jules P. Sussman speak against indefinite postponement and in favor of the main motion. 11:12 P. M. 136 Article 10. Motion to indefinitely postpone Article 10 is declared (Cont. ) lost by voice vote. 11:13 P. M. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 11:13 P. M. Robert Cataldo moves that this meeting be dissolved. Carried 'Unanimously. 11:17P. M. ivl Town Clerk C, 137 SPECIAL REFERENDUM NEW JUNIOR HIGH AND EQUAL EMPLOYMENT OPPORTUNITY - MINORITY GROUPS HELD JUNE 25, 1969 In pursuance of the foregoing warrant, the' legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington Wednesday, June the twenty-fifth in the year of our Lord nineteen hundred and sixty-nine at seven o'clock in the forenoon. The following places were designated as the voting places for -- the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary M'emoriai Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct Six, Maria - Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Wilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Eileen J. Fradette Inspector Henry P. Meade Virginia M. Warner Inspector Alice G. Marshall Precinct Three Precinct Four Randall W. Richards Warden Michael H. Lovezzola Dolores M. Swan Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Helen C. Rooney Inspector Edna F. Marshall Precinct Five Precinct Six -- Joseph 0. Rooney Warden Mary J. Ferry Mary F. Irwin Clerk Elizabeth F. Downey Mary C. Casey Inspector Irene V. Fenerty Ida B. Fisk Inspector Mary V. Spencer The polls were declared open in each precinct at seven o'clock a.m. and remained open until eight o'clock P. M., at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,874 (Twenty-eight hundred seventy-four) Precinct Two 2,489 (Twenty-four hundred eighty-nine) Precinct Three 2,397 (Twenty-three hundred ninety-seven) Precinct Four 2,382 (Twenty-three hundred eighty-two) Precinct Five 2,709 (Twenty=-seven hundred nine) Precinct Six 2,513 (Twenty-five hundred thirteen) Total 15,364 (Fifteen thousand three hundred sixty-four) The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 1,220 (Twelve hundred twenty ) Precinct Two 1,170 (Eleven hundred seventy) Precinct Three 1,036 (One thousand thirty-six) Precinct Four 1,140 (Eleven hundred forty) - Precinct Five 1,384 (Thirteen hundred eighty-four) Precinct Six 1,135 (Eleven hundred thirty-five) Total 7,085 (Seven thousand eighty-five) 138 QUESTION NO. ONE Shall the Town vote to approve the action of the representative town meeting whereby it was voted to appropriate yS5,515,000.00, to provide for payment of 05,000.00 thereof by certain specified transfers and for payment of X5,450,000.0'0 thereof by the issue of bonds or notes of the Town, and to authorize the Permanent Building Committee to enter into a contract or contracts for the construction and original equipping of a new junior high school on the land on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, and to supervise the work? Pr.l Pr.2 Pr.3 Pr.L;_ Pr.5 Pr.6 Total Yes 342 375 346 43o 446 252 2,191 No 858 773 676 691 937 866 ' 4,801 Blanks 20 22 14 19 1 17 93 Totals 1,220 1,170 1,036 1,140 1,384 1,135 7',085 In accordance with Chapter 381 of the Acts of 1954, more than the necessary 20% having voted to reverse the action of the June 2, 1969 Special Town Meeting, the action stands reversed and Article 2 is not adopted. " QUESTION NO. TWO Shall the Town vote to approve the action of the representative town meeting whereby it was voted to amend the General By-Laws by" inserting in ARTICLE XXI thereof a new Section 2. to read as follows: "All boards, officers, committees, and other agencies of the Town, which deal on behalf of the Town in making contracts for the purchase of goods or services, or for the construction, renovation, or repair of buildings or other improvement of real estate, may make appropriate arrangementst for. special programs of recruitment and training with the objective of, equal employment opportunity for minority-group members in the various grades and classes of work performed pursuant to such contracts, and, subject to appropriations specifically designated for such purposes, may expend Town funds and may make such arrangements, when appropriate, in the form of requirements, to be included in such contracts, that contractors engage in such recruitment, training, and employment as a part of the work to be performed, or may make such arrangements in the form of collateral agreements with contractors."? Pr. 1 Pr, 2 Pr. 3 Pr. 4 Pr. 5 Pr, 6 Total Yes 421 454 452 521 563 397 2,808 No 764 694 557 591 798 724 4,128 • Blanks 35 22 27 28 23 14 149 Totals 1,220 1,170 1,036 1,140 1,384 1,135 7,085 In accordance with Chapter 381 of the Acts of 1954, more than the necessary 20% having voted to reverse the action of the June 2, 1969 Special Town Meeting, the action stands reversed and Article 9 is not adopted di `Ne 471,7 Town. Clerk 1 3 9 Barbara M. Harvell, 131 Burlington Street, town meeting member in Precinct Five, died on July 30, 1969. Christine H. Meyer, 11 Blake Road, was moved up, and has accepted Town Meeting Membership in Precinct Five as of August 5, 1969 filling the vacancy caused by the death of Mrs. Harvell. Margaret F. Rawls, 9 Winthrop Road, resigned as a Town Meeting Member in Precinct Four as of August 6, 1969. William L. Potter, 21 Fair Oaks Terrace, was moved. up, and has accepted, as of August 11, 1969, Town Meeting Membership in 1 Precinct Four, filling the vacancy caused by the resignation of Mrs. Rawls. SPECIAL TOWN MEETING HELD AUGUST 18, 1969 The meeting was called to order by the Moderator, Robert B. Kent, at 8:05 P. M. There were 161 Town Meeting Members present. The Invocation was offered by Rev. John J. Hogan of the Sacred Heart Church. 8:06 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:07 P. M. r- The Town Clerk read the Constablefs Return. 8:07 P. M. Robert Cataldo, Chairman of the Board of Selectmen, asked that the Town Meeting pause briefly to honor the memory of Town Meeting Member, Barbara M. Harvell, who died July 30, 1969. 8:09 P. M. Article 1. Robert M. Gary, Chairman of the Appropriation Committee, moves that the Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Article 2. presented by Logan Clarke, Jr. MOTION: That the Permanent Building Committee appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized on behalf of the Town to retain professional services and prepare preliminary plans, specifications and cost estimates for the construction of a new junior high school building on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes under the authority of the vote adopted under Article 3 of the Warrant for the Special Town Meeting of June 7,. 1965; and that the sum of r- $25,000.00 be appropriated therefor, and that payment be provided by transfer from the Excess and Deficiency Account. 8:12 P. M. Mr. Clarke explains the need of a new junior high school. 8:18 P. M. 140 Article 2. (Cont. ) Robert Cataldo states that the Board of Selectmen unanimously support the need of a new junior high school but they believe that the Town Meeting Members should remember the results of the referendum in June 1969 on this item. 8:18 P. M. Frank L. Stevens, Jr. moves to amend the motion by adding after "professional services" the words "other than Davies and Wolfe". 8:22 P. M. After general discussion, the motion, as offered by Mr. Stevens, is declared lost by voice vote. 8:39 P. M. Alfred S. Busa moves to amend the main motion by adding after "construction of a new junior high school building" the words "not to exceed $4,000,000.00". 8:39 P. M. After general discussion, James Cataldo moves the previous question which was declared lost. 9:08 P. M. Amendment, as offered by Mr. Busa, declared lost by voice vote. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 3 Lincoln P. Cole, Jr. 29 18 James F. Penske 21 1 Donald J. Shaw 32 15 Milton L. Gould 39 37 121 Amendment, as offered by Mr. Busa, declared lost. 9:13 P. M. Main motion, as offered by Logan Clarke, Jr. , declared carried by voice vote. 9:15 P. M. Article 3. Presented by Robert Cataldo. MOTION: To appropriate the additional sum of $25,000.00 for Debt Payment - Interest on Anticipation Loans for the year 1969, and provide for payment thereof by transfer of the sum of $10,000.00 from the unexpended balance in the current appropriation for Debt Payment - Interest on Debt and by transfer of the sum of $15,000.00 from the Excess and Deficiency Account. 9:16 P. M. Paul J. MacKenzie presents the following amendment.: "Add the words: and that a committee be appointed to study means of accomplishing a reduction in the annual town borrowing in anticipation of tax receipts. Said committee to consist of the Treasurer, the Collector of Taxes, the Controller and two other persons to be appointed by the Moderator. This committee shall report their recommendations to the 1970 Annual Town Meeting. 9:20 P. M. After general discussion, Homer J. Hagedorn moves the previous question which was declared carried by voice vote. 9:28 P. M. Amendment, as offered by Mr. MacKenzie, declared lost by voice vote. Voice vote doubted, so standing vote -- taken as follows: In Favor Tellers Opposed 12 Lincoln P. Cole, Jr. 19 3 James F. Fenske 3/4- 23 Donald J. Shaw 11 17 Melvin G. Holland 29 55 93 Amendment declared lost. 9:29 P. M. 141 Article 3. Main motion, as offered by Mr. Cataldo, declared (Cont. ) carried unanimously. 9:30 P. M. Robert Cataldo, moves that the meeting be dissolved. Carried Unanimously. 9:30 P. M. 7642 4 c P 1 Town Clerk Aiden Lassell Ripley, 52 Follen Road, town meeting member in Precinct Two, died on August 29, 1969. Georgia H. Williams, 196 Follen Road, was moved up, and-has accepted TOwn Meeting Membership in Precinct Two as of September 8,'1969 filling the vacancy caused by the death of Mr. Ripley.` _ r L_. 142 (WARRANT FOR ANNUAL TOWN MEETING - See Warrant Book) ANNUAL TOWN MEETING March 2, 1970 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March the Second in the year of our Lord nineteen hundred and seventy at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High -' School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Ida B. Fisk Margaret S. Magner Inspector Henry P. Meade Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Dolores M. Swan Inspector Edna F. Marshall Helen C. Rooney Inspector Rose J. Grant Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey -- Mary F. Irwin Inspector Sally S. Hooper Margaret S. Wilson Inspector Florence M. Downe Mary C. Casey Inspector Maude A. O'Neill The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,764 (Twenty-seven hundred, sixty-four) Precinct Two 2,472 (Twenty-four hundred, seventy-two) Precinct Three 2,309 (Twenty-three hundred, nine ) Precinct Four 2,272 (Twenty-two hundred, seventy-two ) Precinct Five 2,591 (Twenty-five hundred, ninety-one ) Precinct Six 2,416 (Twenty-four hundred, sixteen ) Total 114:824 (Fourteen thousand, eight hundred twenty-four) Reconciliation sheets were delivered to the Town Clerk at her office The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 999 (Nine hundred ninety-nine) Precinct Two 950 (Nine hundred fifty) Precinct Three 966 (Nine hundred sixty-six) Precinct Four 914.3 (Nine hundred forty-three) Precinct Five 1,157 (Eleven hundred fifty-seven) Precinct Six 982 (Nine hundred eighty-two) Total 5,997 (Five thousand, nine hundred ninety-seven) 1 143 Pr 1 Pr.2 Pr.,3 Pr.Li. Pr.5 Pr.6 Totals SELECTMAN Allan F, Kenney -621 567 680 648 775 606 3,897 Blanks 378 383 286 295 382 376 2,100 Totals 999 950 966 914.3 1157 982 5,997 Allan F. Kenney elected Selectman for three years. SCHOOL COMMITTEE for Three Years Stanley A. Brown 406 34 3133 3200 393 348 2,191 Robert J. Drake 44 45 Richard K. Eaton t }.9 331 4t3 111 526 1.30 2.559 r- Robert Duncan Enzmann 38 63 1.i.3 50 61 53 '308 James F. Fenske 259 310 369 371 391 238 1,938 Louis Isaacson 8103 87 72 John J. Maguire :502 460 447 459 132 1333 2,922 Blanks 197 263 207 165 251 96 1,279 Totals 1,998 1,900 1,932 1,886 2,314 1,961.E 11,9914. Richard K. Eaton and "John J. Maguire elected to the School . Committee for three years. r PLANNING BOARD r Lois W. Brown 4421.x.65 456 454 469 365 A 2,651 Thomas F. Costello 190 171. 163 190 179 291 _ 1,187 Howard L. Levingston 281 209 280 254 416 23 _ 1,683 Blanks _ 86 102 67 45 i 93 83 , 476 Totals 999 950 966 943 1,157 982 5,997 Lois W. Brown was elected to the Planning Board for five years.. MODERATOR A - _-' Lincoln ?, Cole, Jr. „ 742 6?7 783 753 897 758 14.,610 Blanks 21/ 2?3 183 190 260 224 1,387 Totals 999, 950 966 943 1157. 982 5,997 Lincoln P. Cole, Jr. elected Moderator for one year. _LEXINGTON HOUSING AUTHORITY Temple E. Scanlon 624 564 693 656 795 630 30962 Blanks 375 386 273 287 362 '52 2,035 Totals 999' 950 966 943 1157 982 5,997 Temple E. Scanlon elected to the Lexington Housing Authority for five years. °' QUESTION NUMBER ONE , r Shall the town, in addition to the payment of fifty per' cent of a premium for contributory group life and health insurance for employees in the service of the town and their dependents, pay a subsidiary or additional rate? Yes _ 294314 333 301 355 284 1,881 No 406 346 344 347 384 380 .. 2,207 L_ B1Rnks 299 290 289 295 418 318 1,909, Totals 999 950 966 943 1157 982 5,997 144 Pr. 1 Pr.2 Pr.. 3 Pr, 4 Pr. 5 Pr. 6 Totals QUESTION NUMBER TWO Shall the town purchase additional group life and group accidental death and dismemberment insurance foremployeesin accordance with the provisions of chapter thirty-two B of the 3 General Laws with no premium contribution by the town? Yes 464 44hs 494 465 524 443 2,834 No 219 205 174 176 213 220 ° 1,207 Blanks 316 301 298 302 4E20 319 1,956 Totals - 999 950 966 943 1157 982 5,997 1 TOWN MEETING MEMBERS - PRECINCT ONE *Arthur E. Burrell 374 *Alfred A. Murray 345 *Daniel P. Buse. 513 - George A. Natale 163 *Helena R. Butters 489 John J. Shine, Jr. 333 William Hammer 333 Dennis F. Solomos 199 *Nancy D. Hudson 486 - John M. Taylor 254 *Sumner E. Perlman 14.17 *William T. Whiting 382 *Haskell W. Reed 408 - . *David F. Toomey 387 *Anita M. Bonasera 358 Robert Frank 332 Raymond F. Gelinas 2?9 Roy M. Glasser 310 ::Patricia K. Hagedorn 495 William. H. McLaughlin 256 William J. Moretti 303 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT TWO n J. Harper Blaisde11,342?9 Albert F. Harrington 238 ` Frank E. Douglas 253 *Gloria V. Holland 348 *Donald L. MacGillivray 365 *Lillian T. MacArthur - 294 *James E, Storer 3214. *Frank I. Michelman 362 Thomas G. Taylor 285 *Wiltrud R. Mott-Smith 360 ::Frank H. Totman, Jr. 352 Roy J. Murphy 270 **Georgia H. Williams 293 Michael S. O'Sullivan 239 Sidney B. Williams 249 Harold E. Roeder 194 *Alan B. Wilson 14.40 Wilfrid D. Sampson 235 *Jason H. Woodward 294 *Patricia A. Swanson 333 Mary Louise Burri 273 *George B. Wilson, Jr. 306 James W, Cameron 2?7 *Elected for three -years, **Elected for one year. • TOWN MEETING MEMBERS - PRECINCT THREE *Alan G. Adams 552 *Stillman P. Williams 4l *Robert A, Bittenbender 147 - Charles A. Winchester 363 W. Scott Cooledge,III, 330 *Charles E. Connolly, Jr. 375 *Joseph M. Cronin 445 *-.:Mark Lichtenstein 374 John J. Garrity 328 -George F. McCormack 301 *Donald R. Grant 457 Gordon R. Osgood 334 *Arthur J, Pennell 457 Warren Roberts 261 *Albert S. Richardson, *Paul. G. Yewell 386 Jr. 392 William J. Young 265 *ShirleyC H. Stolz 452 *J.S. Nason Whitney 417 *Elected for three years. **Elected for one year. 145 TOWN MEETING MEMBERS - PRECINCT FOUR *Carl Blake 451 Guy D. Busa315 *Joseph A, Campbell 393 Kendrick G. Bushnell 283 ::Jacqueline B. Davison 482 :::::Robert M, Gary 347 Edwin M. Kellogg 224 A'k Richard D. Johnston 31.7 *Norman J. Richards 462 - -Peter Kozel 218 *Joseph 0. Rooney 14.14.0 Vasco A. Lima, Jr. 213 *Richard W, Souza 390 *Hugo R. Maienza 349 *Alfred P. Tropeano 363 -Daniel L. McCabe , 2404 *William R. Whrlon 369 Allen M. McSherry 195 Nyles Nathan Barnert 285 Joseph E. Molloy 256 *Stanley A. Brown 468 Joel B. Resnick , 315 **Ruth R. Budd 341 I- .:Elected for three years. *Elected for two years. .::»Tie. Special election March 16, 1970 to determine the three year and two year term. TOWN MEETING MEMBERS - PRECINCT FIVE *Gabriel Baker 1. 76 :::Kenneth M. Cox 337 Edwin A. Bennett -- 320 - Helen June Ekstrom 100 "Robert E. Bond 438 Karl A. Ernst 236 *Robert M. Earsy 386 Ronald J. Fietze 152 *Howard L. Levingston 539 Emily W. Frankovich 320 George P. Morey 336 James H. Graham 259 *Stephen T. Russian 523 Robert J. Harris 210 *Temple E. Scanlon 464 David A. Lavender 214 :.Phyllis E. Thomas 379 Anthony L, Mancini 231 _ Frederick E. Tucker 274 Charles R. Mercer 137 *Sumner P. Wolsky 409 *Myron L. Miller 381 .:Richard E. Bayles 426 Camille B. Skov 331 *Wilbur E. Cheever 436 Richard L. Sullivan 263 Russell W. Corkum 301 Graydon M. Wheaton 187 *Elected for three years. **Elected for two years. TOWN MEETING MEMBERS .. PRECINCT SIX *Earl F. Baldwin, Jr. 456 Gloria J. Bloom 266 *Margery M. Battin 486 *James J. Buckley, Jr. 43l *Richard H. Battin 508 *James E. Cosgrove 14111 *John F, Cogan, Jr. 423 **John R. Holt 410 *George E. Cooper 464 - -Louis Isaacson 347 ::James M. McLaughlin 516 James L. Jones 366 George R. Medeiros 399 Morton Kotler 260 *Daniel E. Power 418 Robert G. Martin 355 *Donald J, Shaw 504 *Stephen Michael Politi 486 **William Spencer Sullivan 404 *Elected for three years. *»Elected for one year, s- 11 / 4,-11 ,414_U Town Clerk 14€ Robert C. Johnson, 60 Wood Street, town meeting member in Precinct Six, died on February 28, 1970. George R. Medeiros, -20 Middleby Road, was moved up, and has accepted Town Meeting Membership in Precinct Six as of March 9, 1970, filling the vacancy caused by the death of Mr. Johnson, Term expires in March 1971. Robert F. McSweeney, 17 Ellison Road, resigned as a Town Meeting Member in Precinct Six as of March 5, 1970. n James L. Jones, 45-Middle Street, was moved up, and has accepted Town Meeting Membership in Precinct Six, filling the vacancy caused by the resignation of Mr. McSweeney. Term expires in March 1971. SPECIAL ELECTION TOWN MEETING MEMBERS - PRECINCT FOUR n Y MARCH 16, 1970 At the Annual Town .Election held March 2, 1970 Robert M. Gary and Richard D. Johnston, received 347 votes each, therefore creating a tie. A special election of town meeting members from Precinct Four only was held Monday, March 16, 1970 at 7:30 P, M. a.n Estabrook Hall to determine the ,ginner of the three year term and the runner- up to fill the two year term. Eric B. Kula acted as Chairman of the meeting and Arthur T. Bernier acted as Clerk. There were 211. Town. Meeting Members from Precinct Four present. -- The result of the paper ballot voting is as follows: Robert M. Gary 23 Richard D. Johnston 1 Total 24 Robert M. Gary was declared elected to the three year term ending in March 1973. rt Richard D. Johnston was declared elected to the two year term ending in March 1972. Both Mr. Gary and Ir. _Johnston accepted in writing to the Town Clerk. /q,,a,q4,4,_ /X(0,(Fhih--4 Town Clerk r® ANNUAL TOWN MEETING HELD MARCH 16, 1970 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P. M. at Cary Memorial Hall. There 'were 196 Town Meeting Members present. The invocation was offered by Rev. Edward J. Gaudette, Curate at St. Brigid's Church. 8:09 P. M. Town Clerk, Mary R. McDonough, read the warranta:rP. for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the warrant. [— 8:10 P. M. Robert Cataldo, Chairman of the Board of Selectmen, asks that the members pause briefly to remember Aiden L. Ripley and Robert C. Johnson, two Town Meeting Members who had died since the last Town Meeting. 8:11 P. M. Article 2. Robert M. Gary, Chairman of the Appropriation Committee, states that the tax rate for 1970 will be approximately $65.41.5 if the recommendations of the Appropriation Committee are followed. Mr. Gary moves that the Annual Report and Supplemental Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Van T. Boughton, Chairman of the Capital Expenditures -- ComMittee, moves that the report of the Capital Expendi-4 tures Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Stanley A. Brown, Chairman of the Lexington Hunting Safety Committee., moves that the report of the Lexington Hunting Safety Committee be accepted and placed on file. Carried-Unanimously 8:34 P. M. William R. Whalon moves that the report of Regional Refuse Disposal Planning Committee be..accepted and placed on file. Carried Unanimously 8:15 P. M. Erik Lund moves that the report of the Subsidized Housing Program for the Town of Lexington, Mass. be accepted and placed on file. Carried. Unanimously 8:15 P. M. Article 3. Presented by Robert Cataldo. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanne E. Cary for the current year. Carried Unanimously 8:15 P. M. Article I . Presented by Robert Cataldo. ° MOTION: That the following amounts be appropriated for .� the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. (The following items were read by the Moderator. ) Selectmen's Department #1000_ Personal Services $ 32,623.00 1050 Expenses 7,880.00 Si15 P. M. Town Manager's Office #1060 Personal Services 25,878.00 1065 Expenses 2,500.00 8:16 P. M. X 48 Article 4. Selectmen's Jurisdiction (Cont. ) #1075 Clerical Labor Pool $ 8,000.00 1125 Fire & Police Medical 1,000.00 1130 Guides Director 1,000.00 1135 Out of State Travel 4,400.00 11.40 Training & Travel - Out of State 1,885.00 1145 Community Services 250.00 1146 Juvenile Services 11,000.00 8:17 P. M. Town'Clerk's Department 1150 Personal Services 27,620.00 1200 Expenses 1,100.00 1250 Vital Statistics 550.00 8:17 P. M. Trustees of Public Trusts 1450 Expenses 450.00, 8:17 P. M. Board of Appeals 1500 Personal Services 2,957.00 1550 Expenses 1,700.00 8:17 P. M. Planning Board 1600 Personal Services 21,336.00 1650 Expenses 6,275.00 8:18 P. M. Insurance 1700 Group 135,000.00 1750 Municipal Property & Work. Comp. 103,700.00 8:18 P. M. I] Printing Town Report 1760 Expenses 6,500.00 8:18 P. M. Law:.Department 1775 'Fees 33,000.00 1800 Expenses 5,000.00 8:18 P. M. Elections 1900 Jurisdiction Selectmen 18,730.00 1950 Jurisdiction Town Clerk 8,200.00 8:18 P. M. Board of Registrars 2000 personal Services 5,600.00 2050 Expenses 5,775.00 8:18 P. M. Appropriation Committee 2250 Expenses 4,900.00 8:19 P. M. Capital Expenditures Committee 2360 Expenses 150.00 8:19 P. M. 149 Article 4. Standing School Building Committee (Cont. ) #2350 Expenses 5000 , 8:19 P. M. Permanent Building Committee 2360 Expenses 500.00 8:19 P. M. Town Celebrations Committee 2400 Expenses 8;19 P. M. 5,900.00 R Historic Districts Commission 2450 Expenses 1,600.00 8:19 P. M. Conservation Commission 2460 Expenses 1,100.00 8:20 P. M. Recreation Committee 2470 Personal Services 47,000.00 Frank Sandy moves that the figure of $47,000.00 be deleted and substitute therefor the figure *7,950.00. 8:20 P. M. Voice vote on Mr. Sandy's motion was doubted, so standing vote was taken as follows: In Favor Tellers Opposed 10 Robert H. Kingston 34 - 29 Robert A. Bittenbender 10 25 Donald M. Graham 11 32 Temple E. Scanlon 27 96 8:25 P. M. 82 Mr. Sandy's motion to amend item #2470 declared carried and now reads as follows: 2470 Personal Services 47,950.00 2480 Expenses 10,860.00 8:25 P. M. ,r - Tr-eaSurer x s Department 2500 Personal Services 14,260.00 2525 Expenses 800.00 2575 Foreclosure & Redemption - 1,500.00 8:27 P. M. Collector's Department 2650 _Personal Services 23,338.00 2700 Expenses . , 2,500.00 8:27 P. M. '� , Comptroller __ 806 Personal Services 56,902.00 2850 Expenses -- 2,100.00 2925 Office Machines -- Capital Outlay 6,510.00 2930 Office Machines - Maint. & Repair 4,640.00 2935 Office Services - Copier Supplies 2,000.00 2940 *Metered Mail 7,300.00 8:28 P. M. , 15O Article 4. Assessors' Department (Cont. ) #2950 Personal Services 3.8,500.00 3000 Expenses 2,500.00 3025 Professional Services 8:28 P. M. 1,000.00 Health Department - 3250 Personal Services 23,713.00 - 3300 Expenses 9, 00.00 3385 Engineering 700.00 3400 Animal Inspection 1,458.00 3450 Rabies Clinic 1,220.00 8:28 P. M. Police Department 3750 Personal Services 599,735.00 (Of which $6,000.00 is to be transferred from the Parking Meter Fund. ) 3800 Expenses 73,000.00 3900 Parking Meter Maintenance- 3,000.00 (Of which $3,000.00 is to be transferred from the Parking Meter Fund. ) 8:28 P. M. DOG Officer 4000 Personal Services 7,664.00 4050 Expenses 1,200.00 8:29 P. M. Fire Department 4100 Personal Services - 578,341.00 4150 Expenses 439900 4200 Ambulance Maintenance 850.00 4250 Forest Fires 100.00I] 8:29 P. M. Civil Defense 4300 Personal Services 9,780.00 Paul J. MacKenzie moves to amend the Civil Defense Budget as follows: 4300 Delete: $9,780.00 Substitute: $4;100.00 4350' Delete: 6,500.00 Substitute: 20700.00 4360 Delete: 500.00 Substitute: 200.00 8:30 P. M. The Moderator states that if there are any objections, the items to be amended will be taken up separately. - There were objections, so the Moderator states that each item would be taken up separately. The Moderator states that the motion on the floor at this time is to amend item #4300 by striking the figure $9,780.00 and substituting therefor the figure $4,100.00. The motion to amend item ##4300, as offered by-Mr. MacKenzie, A is declared lost by voice vote. 8:36 P. M. Mr. MacKenzie withdraws his second and third motions (to amend items 4350 and 4360). 8:37 P. M. - Robert Cataldo moves for reconsideration of item ##2470 which was declared lost by voice vote. 8:42 P. M. 151 Article 4.. Civil Defense (cont. ) #4300 Personal Services $ 9,780.00 4350 Expenses 6,500.00 4360 Civil Defense - Auxiliary Fire 500.00 8:42 P. M. Inspection Department 4450 Personal Services 34.,722.00 4500 Expenses 1,900.00 8:4.3 P. M. Weights & Measures 4.600 Personal Services 1,500.00 4650 Expenses 4.50.00 8:43 P. M. Public Works Department 4.900 Personal Services 639,500.00 8:43 P. M. Public Works - Supfts. Office 4.950 Personal Services 65,258.00 5000 Expenses 1,700.00 8:43 P. M. Engineering Department 5100 Personal Services 14.8,680.00 5150 Expenses - 7,000.00 8:43 P. M. Town Offices & Cary Memorial Building 5200 Personal Services 24. 7L►,, 9.00 5250 Expenses 26,300.00 8:4.3 P. M. Public Works Building, 5350 Expenses 20,300.00 8:43 P. M. Highway Maintenance 5400 Expenses 105,150.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund. ) 8:44 P. M. Road Machinery 5450 Expenses 71,4.50.00 8:44 P. M. Snow Removal 5500 Expenses 80,000.00 (Of which $3,300.00 is to be transferred from the Parking Meter Fund. ) :44, P. M. Traffic Regulation & Control 5550 Expenses 8,000.00 8:44- P. M. Street Lights 5600 Expenses 110,000.00 8:44- P. M. 152 Article 4. Street Sim. (Cont. ) #5650 Expenses $ 2,900.00 8:45 P. M. Sewer Maintenance 5700 Expenses 31,110.00 8:45 P. M. Sewer Services 5750 Expenses 9,500.00 8:45 P. M. Garbage Collection 5800 Expenses 69,167.00 8:45 P. M. Sanitary Land Fill 5850 Expenses - !4.6,700.00 8:45 P. M. Water Maintenance 5900 Expenses 38,000.00 8i45 P. M. Water Services 5950 Expenses 10,500.E 00 8:45 P. M. Park Department 6000 Expenses 36,680.00 8:45 P. M. Insect Suppression 6050 Expenses 3,000.00 8:46P. M. Shade Tree 6100 Expenses 13,400.00 8:45 P. M. Dutch Elm 6150 Expenses 5,500.00 8:45 P. M. Public Facilities Building 6200 Expenses2,050.00 8.46 P. M. Veterans' Benefits 7100 Personal Services 7,080.00 7150 Expenses 1,300.00 7200 Aid & Expenses 51,500.00 8:46 P. M. Graves Registration 7250 Expenses 350.00 - - 8:46 P. M. Soldiers Burials ?300 Expenses 250.00 8:46 P. M. 153 Article 4.. Cemetery Department (Cont. ) #7350 Personal Services - .$ 58,753.00 (Of which $10,000.00 is to be transferred from the Westview Perpetual Care Fund. ) 8:4i.6 P. M. 74.00 Expenses- 7,500.00 (Of which $1,000.00 is to be transferred from the Westview Sale- of Lots Fund. ) 8:46 P. M. Cary Memorial Library 7500 Personal Services _ :: 212,235.00 Robert M. Gary, Chairman of the Appropriation Committee, moves that the penc$ng motion, as it refers to Account No. 7500, Library Personal Services, be amended by substituting for the figure $212,235. the figure of $210,635. 8:47 P.. M. Elizabeth H. Clarke speaks for the Library Trustees against the amendment. 8:50 P. M. _ The amendment, as offered by Mr. Gary, is declared carried by voice vote. 8:52 M. 7500 Personal Services * 210,635.00 7550 Expenses ** 70,700.00 $6,922.75 is also available as State Aids--to Libraries. ** To which will be added $2,798.09 received - from the County-Dog License Fees. 5:52 P. M. Board of Retirement 7800 Accrued & Normal Liability 130,000.00 7850 - Expenses 2,190.00 8:52 P. M. School Operation 7900 Personal Services _ * 8,376,570.00 7925 Expenses 1,276,831.00 7950 Out of State'TraVel 12 300.00 7960 Vocational Education - 10,180.00 7970 Athletics 98,16 +..00 000 Adult Education 7,308.00 :: To which the sum of $82;666.00 in available and anticipated P.. k, 86t{:, P.L. 87L., ESEA P.L. 89-10, and State METC0Wfunds is to be applied, and the balance is raised and appropriated under this Article. 8:57 P. M. - Debt Payment 7- 8500 Interest on Debt 295,527.00 8525 Interest on Anticipation Loans 115 000.00 8550 Maturing Debt 1,071,000.00 8:58 P. M. Article tj.., as amended, declared carried unanimously. 9:03 P. M. 154 Article 5. Presented by Robert Cataldo. MOTION: That the Town Treasurer, Jwith the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial years beginning January 1, 1970 and January 1, 1971, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44, Section 4., and to renew any note or notes as may be given for a period cf less than one year, in accordance with the provisions of General Laws, Chapter 4.4., Section 17. Carried Unanimously 9:05 P. M. Article 6. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:05 P. M. Article 7. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $3,616.23 to pay the unpaid bill for prior year of the following account: INSURANCE - MUNICIPAL PROPERTY & WORK NtS COMPENSATION Brewer & Lord - $3,616.23 Carried Unanimously 9:07 P. M. Article 8. Presented by Robert Cataldo. MOTION: To appropriate $125,000.00 for the Reserve Fund and to provide for the payment thereof by the transfer of $37,200.00 from the Reserve Fund. - Overlay Surplus and by raising the balance of $87,800.00 in the current tax levy. 1 Carried Unanimously 9:07 P. M. Article 9. Presented by Robert Cataldo. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1970. Carried Unanimously 9:07 P. M. Article 10. Presented by Robert Cataldo. MOTION: That the sum of $24,610.00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $12,4.90.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried UnaniNously 9:08 P. M. Article 11. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 4.1 of the General Laws. Carried Unanimously 9:08 P. M. Article 12. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:08 P. M. 155 Article 13. Presented by Robert Cataldo. 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 1971 Annual Town Meeting. Carried Unanimously 9:08 P. M. Article 1L.. Presented by Robert Cataldo; MOTION: That this article be indefinitely postponed. Carried Unanimously 9:09 P. M. Article 15. Presented by Robert Cataldo. MOTION: That the sum of $4,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund, Carried Unanimously 9:09 P. M. Article 16. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and-to raise and appropriate the sum of $5,000.00. -. - - - Carried Unanimously 9:10 P. M. Article 17. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are - authorized to install drains in such accepted or uni- accepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streamsand 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 raise and appropriate therefor the sum of $20,000.00. Carried by voice vote. 9:18 P. M. Article_18. Presented by Robert Cataldo. MOTION: That the. Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets 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 i land necessary therefor;_ and to raise and appropriate for such installation and; land acquisition the sum of $20,000.00. - ; - -. Carried Unanimously 9:19 -P. M. t Article 19. Presented by Robert' Cataldo. - 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 raise and appropriate therefor the sum of $45,000.00. Carried by voice vote. 9:20 P. M. 156 Article 20. Presented by Robert Cataldo, MOTION: That the Selectmen be .and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streetspr other .land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 $600,000.00, and to provide for the payment thereof by the transfer` of $400,000.00 from the. Excess and Deficiency Account and by raising the balance of $200,000.00 in. the current tax levy. -- ,Carried Unanimously 9:22 P. M. Article 21. Presented by Robert Cataldo.. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in such accepted or' unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in ac c ordanc a with Chapter 504 of the Acts Of 1897, 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 raise and appropriate therefor the sum of $50,000.00. Carried Unanimously 9:24 P. M. Ephraim Weiss 'serves notice of reconsideration of Article 17, 9225 P. M. Article 22. Presented by Robert Cataldo. MOTION: That the sum of $6,000.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 9:25 P. M. Article 23. Presented by Robert Cataldo. MOTION: That the sum of$60,000.00 be raised and appropriated for the reconstruction of all or any part of East Street from Lowell Street to Grant Street under Chapter 90 highway construction. - Carried by voice vote. 9:30 P. M. Article 24. Presented by Robert Cataldo. MOTION: To appropriate the sum of $72,200.00, for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:33 P. M. Article 25. Presented by Robert Cataldo. MOTION: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment- of the Department of Public Works when used on various projects carried on under the direction Of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:33 P. M. Article 26. Robert Cataldo moves that this article be tabled. Carried by voice vote. 9:34 P. M. 157 Article 27. Presented by Robert Cataldo. MOTION: That the sum of $8,789.00 be raised and appropriated to be--expended. under the direction of the Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in ' accordance with the provisions of Chapter 123 of the General Laws in cooperation with the Massachusetts Department of Mental Health, and. for providing payment for services rendered- or to be rendered by such Clinic. Carried Unanimously 9:35 P. M. r- Article 28. Presented by Robert Cataldo. MOTION: To appropriate the sum of $6,922.75 received in 1970 as State Aid to public libraries to be used by the Trustees -of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 9:35 P. M. Article 29. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to retain engineering services to prepare plans for sewer mains in such accepted or unaccepted streets or -other land as the Selectmen may determine; and to raise and appropriate therefor the sum of $5,000.00. Carried by voice vote. 9:37 P. M. Artiele 30. Presented by Robert Cataldo, MOTION: That the sum of $10,000.00 be raised and appropriated under the authority of Chapter 570 of the Acts of-1962, to be expended by the Selectmen for reimbursing subdividers for part of the cost of con- structing ways or installing municipal services, as required by the Planning Board in its. approval of definitive subdivision plans under the Subdivision Control taw, or a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board. Carried by voice vote. 9:38 P. M. Article 31. Presented by Robert Cataldo. MOTION: To establish the salaries and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes for the period January 1, 1970 through March 31, 1970 at the following annual rates: Town Clerk $12,300,00 Town Treasurer 1,500.00 Town Collector of Taxes 8,600.00 and to raise and appropriate therefor the sum of $5,600.00. Carried Unanimously 9:38 P. M. Article 32. Allan F. Kenney moves that this article be tabled. Carried by voice vote. 9:1j.0 P. M. Article 33. Allan F. Kenney moves -that this article be tabled. Carried Unanimously 9:Li.0 P. M. Article 34. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9t40 P. M. 158 Article 35. Robert Cataldo moves that this article be tabled. Carried Unanimously 9:42 2 P. M. Article 36. Presented. by Robert Cataldo. MOTION: That no action be taken under this article. Carried by voice vote. 9:43 P. M. Article 37. Presented by Robert Cataldo. MOTION: That the Permanent Building Committee appointed under the authority of the vote adopted under Article ?3 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized to retain professional services -1 to prepare preliminary plans and specifications for remodeling of and additions to the Cary Memorial Library building and that the sum of $11,000.00 bexaised and appropriated therefor. Carried by voice vote. 9:43 P. M. Article 38. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,625.00 for painting the exterior trim of the Branch Library and the sum of $3,200.00 for installing carpeting on the main floor of the Branch Library. Carried Unanimously 9:4 . P. M. Article 39. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously- 9:45 P. M. Article 1.0. Presented by -Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:I6 P. M. Article 1.11. Presented by Robert Cataldo. MOTION: To raise and appropriate the sunr_of $1,200.00 for the purchase of a new leaf vacuum. Carried by voice vote. 9:47 P. M. Article 42. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum. of $13,000.00 for the purchase by the Selectmen of a new ambulance and that, in addition, the Selectmen be and they hereby are authorized toturn in the present ambulance to apply toward the purchase price. Carried by voice vote. 9:4.7 P. M. Article 43. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,000.00 --- to be expended by the Board of Health to .make a prelimin, ary engineering survey of the Town of Lexington water supply system to determine the cost -of -implementing the order of the 'Board of Health, issued on April 17, 1969, "that the fluoride content of the Town of Lexington - - public water supply be increased to 1.0 part per million". Carried by voice vote. 9:51 P. M. Article 44. Presented by Robert Cataldo. MOTION: To extend to the 1971 Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 4.3 of the 1968 Annual Town Meeting, shall report. Carried Unanimously 9:53 P. M. 159 Robert V. Whitman moves to take Article 35 from the table which was carried by voice vote. -- -- 9:54 P. M. Lloyd S. Beckett, Jr. moves for a five minute recess which was carried by voice vote. 9:55 P. M. The meeting was again called to order by the Moderator at 10:05 P. M. Article 35. Presented by Robert V. Whitman. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article ?3 of r- the Warrant for the 1.967 Annual Town Meeting be anti hereby is authorized on behalf of the town to retain professional services and prepare final plans and specifications and to obtain bids- for the construction and original equipping and furnishing of a new Junior High School on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes under the authority of the vote adopted under Article 3 of the Warrant for the Special Town Meeting of June 7, 1965, and to appropriate therefor the sum of $175,000..0.0. to be raised in the current tax levy. 10:08 P. M. Mr. Cataldo states thatthe Board of Selectmen unanimously supports this article. 10:14 P. M. Carried Unanimously 10:l4 P. M. Article 45. Presented by Robert Cataldo. MOTION: That the construction of a new housing project by the Lexington Housing Authority, namely, a project for the housing of elderly persons of low income, consisting of not more than 50 dwelling units, pursuant, to the provisions of Chapter 667 of the Acts of 1954, and all acts in amendment thereof and in addition thereto, to be known as State-Aided Housing Project 667-2, be and hereby is approved. 10:15 P. M. John R. Holt serves notice of reconsideration of Article L1.2. 10:16 P. M. Roland B. Greeley states that the Committee on Suburban Responsibility is unanimously in favor of this article. 10:22 P. M. Motion, as presented by Mr. Cataldo, under Article 45 was declared unanimously. 10:29 P. M. came Article 46. Robert Cataldo moves that thia article be tabled. Carried Unanimously 10:30 P. M. Article 47. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are author- ized to purchase seven voting machines; and to raise and appropriate the sum of $11,328.00 therefor. 10:30 P. M. Robert M. Gary states that the Appropriation Committee L , is in favor of this article. Carried Unanimously 10:33 P. M. 16O Article 48. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $120,000.00 as a supplementary appropriation to be used in conjunction with and in addition to the money appropriated in the vote adopted under- Article 44 of the Warrant for the 1962 Annual Town Meeting for acquisition of the land described in the votes adopted under Articles 112, 43 and 44. of said 1962 Annual Town Meeting. 10:33 P. M. After general discussion, Richard I. Miller moves the previous question which was carried by voice vote. 10:57 P. M. Voice vote, on the .main motion, was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 39 Robert A. Bittenbender 2 35 Donald M. Graham 1�8 Temple E. Scanlon 32 Robert H. Kingston 8 l51{. 20 Main motion, as presented by Mr. Cataldo, declared carried. 11 P. M. Robert Cataldo moves to adjourn the Town Meeting to Wednesday, March 18, 1970 at 7:30 P. M. at Cary Memorial Hall. The Moderator thanks the scouts, both boys and girls, of Explorer Post 122 for manning the microphones. Mr. Cataldots motion to adjourn to Wednesday, March 18, 1970 at 7:30 P. M. was declared carried unanimously. 11:01 P. M. ?514(t Ic. /( ,1 Town Clerk 1 61 ADJOURNED TOWN MEETING HELD MARCH 18, 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, . Jr. at 7:4.3 P. M. at the Cary Memorial Hail. .There were 190- Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 7:44 P. M. Article 49. Presented by Robert Cataldo. MOTION: To accept and establish a building line on Massachusetts Avenue from the easterly boundary line of the premises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered (See 1654.-1656 Massachusetts Avenue, said building line being Page 192) parallel to and distant 15 feet southerly from the southerly side line of the 1916 County Layout of Massa- chusetts Avenue, all as laid out by the Selectmen and shown upon a plan,on file in the office of the Town Clerk, dated January 19, 1970, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any foe, easement or other interest in land necessary for the establishment of-said building line; to acceptandestablish a building line on the entire length of the easterly side of the 1956 Town Layout of Wallis Court, said building' line being parallel to and distant 7.5 feet easterly from the easterly side line of said Wallis Court, and a building line'on the entire length of the westerly side of said Wallis Court, said building line being parallel to and distant 7.5 feet westerly from the westerly side line of said Wallis Court, all as laid out by the Selectmen and shown upon said plan on file in the office of the Town Clerk; dated January 19, 1970; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building -lines; and to raise - and appropriate the sum of $12,000.00 for the establish- r- ment of said building lines and for said land acquisitions. 7:46 P. M. After general discussion, a standing vote was taken as follows: In Favor Tellers Opposed 26 Homer J. Hagedorn 11 17 Donald R. Grant 18 29 Robert H. Kingston 16 Temple E. Scanlon 22 96 67 Main motion declared carried. 8:05 P. M. Article 50. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are author- ized to install or remodel traffic control signals at such locations as they may determine; and to raise and appropriate therefor the sum of $25,000.00. Carried Unanimously 8:08 P. M. Ephraim Weiss moves to take up Articles 51 through 55 together. 8:08 P. M. The Moderator states that they can be discussed together but must be voted on separately. Mr. Weiss withdraws his motion and moves that Articles 51 through 55 be taken up together for the purpose of discussion. Declared lost by voice vote. 8:09 P. M. 162. Article 51. Presented by Robert Cataldo. MOTION: To raise and approprite the sum of $25,000,00 for the further development of the so-called dump area on Lincoln Street. 8:10 P. M. Erik Lund states that the Planning Board unanimously - favors passage of this article. 8:25 P. M. 3. Keith Butters moves the previous question which was declaredcarried by voice vote. 8:26 P. M. Main motion declared carried by voice vote. 8:26 P. M. Article 52. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $7,000.00 for the further development of the Harrington School Playground. Carried Unanimously 8:27 P. M. Article 53. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Garfield Street. Carried by voice vote. 8:27 P. M. Article 54. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1 ,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located at Estabrook School. Carried by voice vote. 8:28 P. M. Article 55. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $8,000.00 for the lighting of four tennis courts at the Center Playground. 8:28 P. M. Robert E. Bond, Chairman of the Recreation Committee, speaks in favor of the article. 8:341. P. M. Main motion declared carried by voice vote. 8:35 P. M. Robert Cataldo moves that Article 26 be taken off the table. Carried by voice vote. 8:36 P. M. Article 26. Presented by .Robert Cataldo. MOTION: That the sum of $9,600.00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 11.A of Chapter 252 of the General Laws. 8:36 P. M. Mr. Cataldo asks permission for Mr. Armstrong of the Mosquitoe Control Commission to be recognized. 8:36 P. M. Permission is given and Mr. Armstrong explains the article and answers questions. 8:51 P. M. Paul G. Yewell moves the previous question which was declared carried by voice vote. 8:52 P. M. Main motion declared carried by voice vote. 8:52 P. M. 63 Article 56. Presented by--Allan F. Kenney. MOTION: That Articles 56 to 72, inclusive, be taken up together. Carried Unanimously 8:52 P. M. Article 56. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way Augustus Road from Reed Street a distance of 1396 feet, more or less, southwesterly to Vaille Avenue, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement -or other interest r- n land -necessary therefor. 8:53 P. M. Erik Lund states that the Planning Board recommends the layout of this street and presents the Planning Board Report covering this article. 8:53 P. M. Main motion carried -unanimous lY. 8:53"P. M. Article 57. Presented by Allan F. Kenney. MOTION: To establish' as a town'way and accept the lay- out of as a town way Hickory Street from-Garfield Street a distance of 1012 feet, more or less, southeasterly and easterly to Kimball Road, as laid out by the Selectmen and shown upon a-plan oh file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or other- wise-acquire any fee, easement or other interest in land necessary therefor. 8:54 P. M. -- - Erik Lund presents the Planning Board Reports for Articles 57 through 74. inclusive and states that in each article the Planning Board recommends the layout of each street. 8:55 P. M. Main motion carried unanimously. 8:55 P. M. Article 58. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out-of as a town way Vaille Avenue from the previously accepted portion a distance of 1120 feet, more or less, westerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:55 P. M. The Moderator states that the Planning Board Report covering this article-is on file. " '8:55 P. M. Main motion carried unanimoly. 8:55 p. M. Article 59. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Blinn Road from Hickory Street a distance of 447 feet, more or less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:56 P. M. The Moderator states that the Planning Board Report covering this article is on file. 8:56 P. M. Main motion carried unanimously. 8:56 P. M. 164 David Page Norcross raises the question of a quorum being present. The Moderator asks the tellers to take a count, which was done as, follows: Tellers Count Homer- J. Hagedorn 29 John R. Holt 21 John F. Cogan, Jr. 20 - Ernest A. Giroux 31 101 The presence of one hundred members constitutes a quorum, therefore, the Moderator declares that there is a quorum present. 8:57 P. M. ._ Article 60. Presented by Allan F. Kenney. MOTION: To establish as a town way -and accept the lay- out of as a town way Shaw Place from Augustus Road a distance of 276 feet, more or less, northwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of/the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:58 P. M. The Moderator states that the Planning. Board Report covering this article is on file. 8:58 P. M. Main motion carried unanimously. 8:58 P. M. Article 61. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:58 P. M. Article 62. Presented by Allan F. Kenney. MQTION: To establish as a town way and accept the lay- out of as a town way Mason Street from Pleasant Street a distance of 1332 feet, more or less, easterly and southeasterly to previously accepted portion, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:59 P. M. The Moderator states that the Planning 8Board Report covering this article is on file. 5 M. Main motion carried unanimously. 8:59 P. M. Article 63. Presented by,Allan F. Kenney. MQTION: To establish as a town way and accept the lay- out Of as a town way White Pine Lane from Mason Street a distance of 763 feet, more or less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town-Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9 P. M. Main motion carried unanimously. 9 P. M. -5 Article 6 .. Presented by Allan -F. Kenney. MOTION: To establish as a town way and accept the 'layout of as a town way Saddle Club Road from Grant Street a distance of 1165 feet, more or .less, north- easterly to the. previously accepted portion, as laid out by the Selectmen and -shown upon & plan on _file in the office of the Town Clerk dated January 29, 1970, and to authorize the Selectmen to take by eminent -domain, purchase or otherwise acquire any -fee, easement or other interest in land necessary therefor. —9:01 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:01 P. X. Main motion carried unanimously. 9:01 P. M. Article 65. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- _ out of as a'-town way Oak Park Circle from. Saddle Club Road a distance of 505- feet, more or loss,'northerly to end, as laid—out`—by the c Selectmen and _shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen`td. take by eminent domain, purchase bi Otherwise acquire any fee, easement or other'interest in`land;-necessary. therefor. 9:02 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:02 P. M. Main motion carried unanimously. '9:02 P. `M. Article 66. Presented by Allan 'F. Kenney. MOTION: To establish as a town way -and accept the lay- out of as a town way Carol Lane from Bedford Street a distance of 700 feet, more or less, northeasterly to end, -as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk; dated January 29, 1970, and to authorize the Selectmen to take by eminent' domain, purchase or otherwise acquire any fee, easement Or. other interest in land necessary therefor. - 9:02 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:02 P. M. Main .motion carried unanimously. 9:02 `P, M. Article 67. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town-way Paddock Lane from Pollen Road a distance of 6 .5 feet, more or less, southwesterly to end,. as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:03 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:03 P. M. Main motion carried unanimously. 9:03 P. M. 166 Article 68. Presented by Allan F. Kenney. - MOTION: To establish as a town way and .accept the lay- out of as a town way Emerson Road from near Diamond Road a distance of 1380 feet, more or less, easterly to a distance of 337 feet, more or less, beyond• Angier Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:03 P. M. The Moderator states the Planning Board Report covering this article is on file. 9:03 P. M. Main motion carried unanimously. 9:03 P. M. Article 69. Presented by Allan F. Kenney. MOTION: To establish as- a town way and accept the lay- Out of as a town way Diamond. Road from Grove Street a distance of 1297 feet, more or less, northeasterly and northerly to Emerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 19.7.0, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. 9:O4 P. M. The Moderator states that the P1 ening Board Report covering this article is on file. 9:OLi. P. M. Main motion carried unanimously. 9:0L. P. M. Article 70. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Angier Road from Burlington Street a distance of 799 feet, more or less, northeasterly to Emerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:05 P. M. The Moderator states that the Planning Board Report covering this 'article is on file. 9:05 P. M. Main motion carried unanimously. 9:05 P. M. Article 71. Presented by Allan F. Kenney. MOTION: TO establish as a towt way and accept the lay- out of as a town way .'white Terrace from Diamond Road a distance of 425 feet, more or less, northwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. -- 9:05 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:05 P. M. Main motion carried unanimously. 9:05 P. M. Article 72. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Bloomfield Street from 100 feet, more or less, beyond Minola Road a. distance of 1i.38 feet, more or less., westerly to end, as laidout by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to auth- orize the Selectmen to take by-eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:06 P. M. r- The Moderator ,states that the Planning Board Report covering this article is on file. 9:06 P. M. Main motion carried unanimously. 9:06 P. M. MOTION: Toraiseand appropriate for land acquisition and for construction of 'the ways enumerated in Articles 56 to 60, inclusive, and 62 to 72, inclusive, the sum of $1,500.00. Carried Unanimously 9:07 P. M. • Article 73. Presented by Allan F. Kenney. MOTION: That Articles 73 to 75, inclusive, be taken up together. Carried Unanimously 9:08 p. Article 73. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Bloomfield Street from Highland Avenue a distance of 350 feet, more or less, westerly to beyond Minola Road, as laid out by the Selectmen = under the Betterment Act and shown upon a plan on file r- in the office of the Town Clerk, dated January 29,- 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquireany fee, easement or other • interest in land necessary therefor. - 9:08 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:08 P. M. Main motion carried unanimously. 9:08 P. M. Article 74. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Minola Road from Bloomfield Street a distance' of 105 feet, more or less, northerly to the - previously accepted portion, as laid out by the Selectmen under the Betterment Act andshownupon •-a plan on file in the officeof the Town Clerk, dated January 29, 1970, and "to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement-or other interest in land necessary therefor. 9:08 P. M. [- The Moderator states that the Planning Board Report covering this' article is on file. 9:08 P. M. Main motion carried unanimously. 9:09 P. M. 168 Article 75. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of_as a town way, Downing Road from. Marrett Road a distance of 1050 feet, more or less, northwesterly to Outlook Drive, as laid out by the Selectmenn under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:10 P. M. Erik Lund states that the Planning Board had previously made a report covering this article to the Board of Selectmen unanimously favoring the layout of Downing -- Road. 9:10 P. M. Herbert TAT. Eisenberg presents the following motion: "Insert words "planning of" before the word "construction" wherever it appears and amend the amount requested to $5,200.00." 9:13 P. M. The Moderator states that the motion offered by Mr. Eisenberg is out of order. 9:13 P. M. After general discussion, Donald E. Nickerson moves the previous question which was declared carried by voice vote. 9:32 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. s 9:33 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 73 to ?5, inclusive, the _sum of $72,000.00. 9:33 P. M. Stillman P. Williams serves notice of reconsideration of Article 26 but the time has gone by as Article 26 was passed at 8:52 P. M. 9:33 P. M. Frank Sandy moves to amend the motion of Mr. Kenney by striking the figure $72,000.00 and substituting therefor the figure $7,200.00. 9:36 P. M. Martin A. Gilman moves to amend Mr. Sandyts motion by striking the figure $7,200.00 and substituting therefor the figure $25,200.00. 9:45 P. M. Voice vote on Mr. Gilman's motion was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 21 Homer J. Hagedorn 20 25 Donald R. Grant 13 l5 Robert H. Kingston 29 20 Temple E. Scanlon 26 81 88 �. Amendment, as offered by Mr. Gilman, declared lost. 9:48 P. M. 169 Articles 73-75 inc. (Cont. ) Amendment, as offered by Mr. Sandy, declared lost ' by voice vote. 9:50 P. M. - Motion as presented by Mr. Kenney: To raise, and appropriate for land acquisition and for construction of the ways enumerated in Articles 73-to 75, inclusive, the sum of $72,000.00. Carried by voice vote. 9:50 P.` M. Article 76. Presented. by Robert Cataldo. MOTION: To raise and appropriate the sum of $20,000.00 as a supplementary appropriation to be used in conjunction -with -and in addition to the money-appropriated in the vote adopted under Article 44. of the Warrant for the 1969 Annual Town Meeting for construction of ways accepted in the votes adopted under Articles 42, 43 and 44 of said 1969 Annual -Town .Meeting and for acquisition of land .or interests therein for said ways.r 9:50 P. M. Carried Unanimously 9:52 P. M. Article 77. Stanley A. Brown -moves that this article be tabled. Carried Unanimously 9:53 P. M. Article 78. Stanley A. Brown moves that this article be tabled. Carried Unanimously 9:53 P. M. Article 79._ Stanley-A-. Brown moves that this article be tabled. Carried Unanimously 9:54 P. H. Article. 8.0. -Presented. by Stanley A. Brown. MOTION: That this. article be indefinitely postponed. -- Carried Unanimously 9:54 P. M. Article 81. Presented by Stanley A. Brown. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:55 P. M. Article 82. Presented by Roland.B. Greeley. MOTION: To amend the General--By-Laws by inserting in ARTICLE XXI thereof _a new Section 2, to read as follows: SECTION 2. Any board, officer, committee, or other agency of. the Town, which acts -on. behalf of the Town in making or supervising any contract, in an amount exceeding the sum of one hundred thousand dollars($100,000.00) for (Approved the purchase of goods-;or services, -or for the construction, by renovation, or repair of..,buildings, may make arrangements Attorney with contractors and other interested agencies for special General, programs of `recruitnient and training in connection with Robert H. the work to be performed on such contracts, with the Quinn, objective of promoting equal employment opportunity for July 7, _ members of minority groups protected by the fair employ- 1970) W -went laws of-the Commonwealth and the United States. Any - such board, officer, committee, or other Town agency may expend Town- funds in- carrying out such arrangements and programs, or-in compensating contractors for carrying them out provided that appropriations specifically designated for .such purposes have, been voted by the Town Meeting. -Undertakings by contractors to carry out such arrange- ments or programs may, when appropriate, be embodied in requirements, to be included in contracts, that con- tractors engage in such recruitment, training, and employ- ment as a part of the work to be performed, or in collateral agreements with contractors. 9:56 P. M. i70 Article 82. Frank I. Michelman gives an explanation of the article. (Cont. ) 9:58 P. M. Roland B. Greeley. states that the Commission on Suburban Responsibility and the Board of Selectmen endorse this article. 10 P. M. John J. Seitz makes the following motion: To amendthe text of the proposed new Section 2, Article XXI, of the General By-Laws by substituting therein, in the first and last occurrences, the word "shall" for the word "may", and by striking the words "when appropriate" therefrom, the amended text to read substantially as follows: Section 2. Any board, officer, committee, or other agency of the Town, which acts on behalf of the Town in making or supervising any contract, in an amount exceeding the sum of one hundred thousand dollars, (100,000.00) for the purchase of goods or services, or for the construction, renovation,. or repair of buildings, shall make arrangements with contractors and other interested agencies for special programs of recruitment and training in connection with the work to be performed on such contracts, with the objective of promoting equal employment opportunity for members of minority groups protected by the fair employment laws of the Commonwealth and the United States. Any such board, officer,- committee, -or other Town agency may expend Town funds in carrying out such arrangements and programs or in compensating contractors for carrying them out provided that appropriations specifically designated for such purposes have been voted by the Town Meeting. Under- takings by contractors to carry out such arrangements or programs shall be embodied in requirements, to be included in contracts, that contractors engage in such recruitment, training, and employment as a part I] of the work to be performed, or in collateral agree- ments with contractors. 10:01 P. M. Roland B. Greeley, Arthur T. Bernier and Frank I. Michelman oppose the motion as offered by Mr. Seitz. 10:07 P. M. Mr. Seitz's motion to amend declared lost by voice vote. 10:07 P. M. After general discussion, James Cataldo moves the previous question which was declared carried by voice vote. 10:27 P. M. Main motion, as presented by Mr. Greeley, declared carried by voice vote. 10:28 P. M. Article 83. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for the enact- ment of a law authorizing a board making an order for the construction of a new sidewalk or the reconstructionI] of a sidewalk with material of more permanent character than that with which it was originally constructed to provide for the assessment of a reasonable amount, not exceeding one-half the cost thereof computed by multiplying the total length of the sidewalk by the average cost per linear foot of all sidewalks constructed Article 83. in the Town during the three years next preceding the (Cont. ) year in which the construction of the sidewalk is commenced, upon the abutting estates, which term shall include such estates on both sides of the way in which the sidewalk is constructed as the Selectmen determine to be specially benefited by the sidewalk. Carried by voice vote. 10:31 P. M. Robert Cataldo moves that the meeting be adjourned to Monday, March 23, 1970 at 8 P. M. at the Cary Memorial Hall. Carried by voice vote. 10:32 p.—InatIA4 M. i. )X,40n446t41L• Town Clerk 12 ADJOURNED TOWN MEETING HELD MARCH 23, 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:10 P. M. at the Cary Memorial Hall. There were 196 Town. Meeting Members present. The Invocation was offered by Richard K. Eaton, Town Meeting Member and a member of the School Committee. 8:11 P. M. Article 2. Allan F. Kenney presented a report of the Town Office Building Committee stating that the bids are in but are higher than anticipated. The Committee will have —, recommendations and a report on alternate courses of action for presentation to the Town Meeting on Wednesday. Carried Unanimously 8:13 P. M. David Reiner moves that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Article 8L.. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out in the definition of FLOOR AREA in Section 40 thereof the word "attic", by inserting in place thereof the word "other", by inserting the words "and of" following the word "garages", and by adding at the end of said (Approved definition of FLOOR AREA the following new sentence: Attorney "In the absence of information as to what portion of a General, building will be used for such storage and services, 80% of the aggregate floor area shall be used for the Robert H. determination of the required off-street parking" so Qi7' that said definition shall read as follows: 1970) FLOOR AREA: The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot measured from the exterior faces of walls enclosing each building, exclusive of garages, and of cellar, basement and other areas used only for storage or for services incidental to the operation or maintenance of such building or buildings. In the absence of information as to what portion of a building will be used for such storage and services, 80% of the aggregate floor area shall be deemed to be the floor area for the purposes of computing the required off- street parking. 8:15 P. M. Mr. Worrell states the Planning Board recommends unanimously the adoption of this article and files the report of said committee covering Article 81.. Main motion carried unanimously. 8:17 P. M. Article 85. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out the words "No requirement" in the column entitled REQUIRED PARKING opposite the district designation CB in the table 32.1 S u h o.0 ut►E OF REQu jt(ED PARKING AND LOADING, by sub- stituting in place thereof the words "1 parking space per 150 s.f. or fraction thereof for any floor space built or added after April 1, 1970, but only to the extent that such floor space so built or added increases the floor area existing on April 1, 1970a" and by adding at the end of said table 32.1 a footnote a reading as follows:, 173 Article 85. a. Suchparking space shall be in addition to the (Cont. ) space on the lot dedicated to parking, which existed on or prior to April 1, 1970,. and which did not exceed one parking space per 150 s.f. floor area existing on that date, but the Board of Appeals may grant special permits for the provision of fewer parking spaces than required hereby, whenever it appears that the existing off-street parking area serving a building or a municipal off-street parking area, located within 400 feet of such new or added floor area and accessible without crossing any major street carrying more than two lanes of traffic, would provide a part or all of the required parking for such new or added floor area. 8:18 P. M. Mr. Worrell files the Report of the Planning Board covering this article and states that the board recommends adoption of Article 85. 8:21 P. M. After general discussion, a standing vote was taken on the main motion as follows: In Favor Tellers Opposed 24 Homer J. Hagedorn 19 16Martin A. Gilman 35 8 Stephen T. Russian 44 29 J. S. Nason Whitney l 77 112 Main motion declared lost. 8:46 P. M. Article 86. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out the CB districts 23.95 and 23.96, by renumbering CB district 23.97 as 23.95 and by adding in subsection 23.7 thereof the following two new CG districts: 23.87 A district on the northeasterly side of Bedford Street, between the northeasterly side of said Bedford Street, as laid out by the Middlesex County Commissioners in 1891, and the westerly side of the railroad right of way, extending from the southeasterly lot line of land formerly of Christopher S. Ryan Estate and now numbered 33 Bedford St. to the northwesterly lot line of the property owned now or formerly by the Lexington Lumber Corporation and now numbered 53-67 Bedford St. 23.88 A district on the southwesterly side of Bedford Street and on both sides of Worthen Road bounded and described as follows: beginning at the intersection of the northwesterly lot line of the premises owned now or formerly by Custance Bros. , Inc. with the southwesterly side line of Bedford Street, as laid out by the Middlesex County Commissioners in 1891; thence by said side line of Bedford Street southeasterly 930 feet more or less to the northwesterly lot line of the premises numbered 30 Bedford St. ; thence southwesterly by said lot line and by an extension thereof a distance of 416.37 feet; thence northwesterly 327.40 feet by the RM district numbered 22.44 to Worthen Road, as laid out by the Town of Lexington in 1955; thence by the southeasterly side line of said Worthen Road northeasterly 66.69 feet; thence north- westerly by a line parallel to and 400 feet southwesterly from the southwesterly line of Bedford Street to the northwesterly lot line of the property now or formerly of Custance Bros. , Inc. now numbered 70 Bedford St. , thence by said lot line of Custance Bros., Inc. northeasterly 401 feet more or less to the point of beginning. 8:48 P. M. 174 Article 86. Mr. Worrell presents the Report of the Planning Board (Cont.) covering this article and states that the Planning Board unanimously recommends passage of Article 86. 8:52 P. M. Earl F. Baldwin, Jr. asks permission for Harold E. Stevens to be recognized. Permission granted and Mr. Stevens speaks in opposition to the article. -9:02 P. M. After general discussion, Jules P. Sussman moves the previous question, which was declared carried by voice vote. 9:08 P. M. A standing vote on the main motion was taken as follows: In Favor Tellers Opposed -- 27 Homer J. Hagedorn 15 33 J. S. Nason Whitney 9 16 Stephen T. Russian 36 22 Martin A. Gilman 33 98 93 Less than the required two-thirds having voted in favor, the motion is not adopted. 9:15 P. M. Erik Lund moves that Article 88 be taken up in advance of Article 87. Carried by voice vote. Article 88. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding thereto .a new Section 36 as follows: SECTION 36: Subsidized Housing District 36.1 The provisions of this Sectionshall be appli- cable to RH districts only and shall be in addition to other provisions of this By-Law applying to RH and other districts. 36.11 Definition of Subsidized Housing.. The term "subsiazzed housing" shall mean housing for people of low or moderate income which is constructed, rehabilitated remodeled and sold, leased or rented by the Town of Lex- ington, the Lexington Housing Authority or by any other public agency, non-profit or limited dividend corporation or cooperative, the construction, remodeling, financing, (Approved sale, lease or rental of which housing is regulated and by financially assisted by agencies of the government of the Attorney United States or of the Commonwealth of Massachusetts General, under programs the purpose of which is to provide housing Robert H. for people of low or moderate income. The terms "low Quinn, income", "moderate income", and "limited dividend July 7, corporation" shall have the meanings defined in the 1970) programs or laws administered by such agencies. 36.12 Land Uses and Dimensional Control in the Absence or Special Permit. Except in the case or a special permit grantees by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RH districts contained within the geographical limits of the RS district, as defined in Subsection 22.2, shall be the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those of the RO districts. . i (5 Article 88. 36.13 General objectives the Lexington Sub- (Cont. ) s-idi.zea .Housing program is intended, to result in the construction of sufficient dwelling units for people of low and moderate income to increase the number of dwelling units of subsidized housing in the Town to a total of approximately 950 units. The special permit procedure hereinafter established is intended to accomplish this objective while ensuring compliance with local planning standards and policies concerned with land use, building design and requirements of health, safety and welfare of residents of the Town of Lexington. 36.2 Special Permit Provisions, The Board of Appeals may gran a special permit ror the development of any tract of land in an RH district in which not less than 4.0% of the dwelling units to be constructed in such development come within the definition of subsidized housing contained herein. 36.21 Where the proposed construction of subsidized housing is dependent upon obtaining approval and/or a commitment of financial assistance under relevant federal or state housing subsidy programs, it shall be a condition of any special permit issued hereunder that no building permit shall issue for any portion of the proposed development until the applicant has filed with the Board of Appeals evidence that such approval and/or commitment has been obtained. 36.22 Any special permit granted hereunder shall designate the dwelling units to be used for subsidized housing and shall impose appropriate safeguards to ensure the continued use of such designated units or equivalent units for subsidized housing. 36.23 .A special permit granted hereunder may allow the construction of single family detached houses, two- family houses, two-family semi-detached houses, town- house type dwelling units separated by party walls meeting state or federal safety requirements, garden apartments not exceeding in--height three stories used for human occupancy, duplex-over-duplex type dwelling units not exceeding in height four stories used for human occupancy, or any combination of such housing typesorother housing types not exceeding .in height three stories used for human occupancy. Ownership of such housing may be in any form permitted by law, including condominiums. 36.24. The Board of Appeals shall have discretion to permit dwelling unit density in RH districts of up to, but not-exceeding, 18 dwelling units per acre. However, in each instance in which_.the Board of Appeals permits such density to exceed 12 dwelling units per acre, the Board shall file with its decision the basis for its determination that suchdensity would- be appropriate and, in reaching such determination, shall consider, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, the provision of usable open space in excess of the minimum required per dwelling- "unit and the provi- sion of off-street parking under or within buildings which contain dwelling units. 36.25 Front yards shall not be reduced to less than twenty reet. The minimum distance between detached buildings, including the distance to buildings permissible on adjacent properties, shall be 30 feet or the height of the taller building, whichever is greater. 176 Article 88. 36.26 For up to 24 dwelling units there shall be (Cont. ) proviaea at least one direct access of adequate width, for 24 or more dwelling units there shall be provided at least two direct accesses each of adequate width. 36.27 There shall be provided at least one off- street parking space per dwelling unit, reserved for the use of such dwelling unit and within 150 feet thereof. The total number of off-street parking spaces provided shall be not less than 1 1/4 times the number of dwelling units. Such parking spaces shall be paved, contained in garages, or under or within buildings which contain dwelling units. 36.28 Not less than 1,000 square feet of permanent usable open space per dwelling unit available for out- door activities shall be provided. Required front yards, paved vehicular areas and wetlands shall not be con- sidered usable open space. 36.29 Any special permit granted hereunder shall incorporate by reference the building design, site development and financing plans submitted by the developer with the application. Development of the tract in question under such special permit shall be in conformance with such designs and plans, unless, after hearing, the Board of Appeals amends such special permit. In granting a special permit, the Board of Appeals may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of . the date of the special permit, unless the Board of Appeals upon application extends this time. 36.3 Appli-cation Requirements. The application to the-.611,a of Appeals ror a special permit for subsidized housing under this Section shall be accompanied by the -- following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 36.31 Plan of the tract showing topography, soil culture, existing streets and structures within and adjacent to the tract. 36.32 Where a subdivision of land is involved, a preliminary subdivision plan, which may combined with the plan required under the preceding paragraph. 36.33 Site development plans showing the propose& grading or the tract and the proposed locations, dimen- sions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, usable open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 36.34. Preliminary architectural drawings for building plans including typical floor plans, elevations and sections, identifying construction and exterior finishes. 36.35 Financing plan describing the federal or state sunsidy program, the subsidizing agency, the estimated costs of land, site development, building, operation and maintenance and the planned approximate schedule; of rents, leases or sale prices. 177 7 Article 88. 36.36 A tabulation of proposed buildings by type, (Cont. ) size (flamer ofrbedrooms, floor area), ground coverage and a summary showing the percentages of the tract to be occupied by buildings, parking and. other paved vehicular areas, and the usable open space. 36.37 Descriptive material providing information about the owner and developer, the developer's experience in building andeligibility as public, non-profit or limited dividend housing sponsor,- evidence..:of preliminary approval under the subsidy program, the names of architect, engineer and landscape architect, if any, and other pertinent information. 36.4 Planning Board Report and Recommendations. The-Planning 13oara snail submit in writing to the Board of Appeals its report and recommendations as to the- appropriateness of the proposed development for sub- sidized housing, to include at least the following: 36.41 A general description of the tract in question and surrounding areas. 36.11.2 An evaluation of the- probable impact of the proposea aevelopment on. Town services and facilities. 36.43 The availability of permanent public open space in the immediate vicinity. 36.444 The proximity of the proposed development to public transportation, school, recreation facilities, neighborhood shopping and service facilities. 36.45 Whether the- site is sufficiently separated fromotnser subsidized housing -and housing of equivalent rental value to achieve a desirable mix of income levels. 36.46 A determination from known or estimated land 7- and site preparation costs whether or not such costs might render, the proposed subsidized housing development uneconomic. 36.47 A review of the- proposed: development, in- cluding such aspects as thetype or style of buildings, the size of development (number of dwelling units) and density per acre, the arrangement- or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress, and traffic within the development and on adjacent streets. 36.48 Whether or not, in the opinion of the Planning hoard, the site, the proposed development layout, the proposednumber, type and design of housing will constitute a suitable development compatible with the surrounding area. 36.49 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 36.5 Board -of Appeals Action. The The Board of Appeals L shall not tale any action on an application for a special permit for RH district development until the Planning Board shall have submitted its written recommendations to! the Board of Appeals, or forty-five days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 178 Article 88. 36.6 Denial of Special Permit. The Board of Appeals (Cont. ) may c.eeniy an application ror special permit hereunder and base its denial upon: 36.61 A failure to meet the standards established by suo-sections 36.2, 36.3 or 36.4. hereof. 36.62 A finding that the proposed development woula not be consistent with the general objectives of RH district development. 36.63 A finding that the proposed development is not luceiy to result in a permanent increase in the -1 number of dwelling units of subsidized Housing in the Town. 36.7 Compliance with Other Rules and Regulations. Nothing containeat nerein snail in any way exempt a proposed subdivision in. an RH district from compliance with the rules and regulations of the. Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without modifications, or disapprove a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 36.8 Revisions. Subsequent to a special permit granted. by the Board of Appeals under the provisions of this Section and where applicable, the approval of a definitive subdivision plan by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accordance with the submission accom- . panying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. 36.9 Severability. No section or subsection of the special permit proceaure established herein shall be deemed severable from other sections or subsections of the special permit procedure for the construction of subsidized housing. In the event that any section or subsection of such procedure shall later be invalidated, whether by judicial decree or otherwise., all other provisions contained herein relating to the issuance of special permits for subsidized housing shall become inoperative, except that special permits previously issued by the Board of Appeals hereunder shall remain valid. 9:28 P. M. Mr. Lund presents the Planning Board Report covering Articles 87 and 88 and states that the Planning Board unanimously recommends the adoption of Article 88. 9:32 P. M. Robert Cataldo states that the Board of Selectmen unanimously recommends passage of this article. 9:32 P. M. Lloyd S. Beckett, Jr. of the Interfaith Corporation and a Town Meeting Member states the Corporation is in 1 favor of this article. 9:35 P. M. JI Robert M. Earsy states that the Commission on Suburban Responsibility unanimously favors this article. 9:36 P. M. 179 Article 88. Alfred P. Tropeano makes the following motion: (Cont. ) _ "Move to amend the motion under Article 88, Section 36.24, by striking out Section 36.24: as therein appears and substituting: 36.24 "The Board of Appeals shall have discretion to permit awelling unit density in RH districts of up to but not exceeding twelve (12) dwelling units per acre. " 9:41 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote. 9:52 P. M. The amendment, as offered by Mr. Tropeano, declared lost by voice vote. 9:53 P. M. A standing vote on the main motion taken as follows: In Favor Tellers Opposed L2 Homer J. Hagedorn 1 38 J. S. Nason Whitney 36 Martin A. Gilman 1 30 Stephen T. Russian 16 ]46 39 More than the required two-thirds having voted in favor, the main motion, as offered by Mr. Lund, is declared adopted. 9:58 P. M. Article 87. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by providing for a new zoning district and the regulation of land uses and building therein as follows: A. By adding at the end of subsection 20.1 entitled Residence Districts the following new designation: RH - Subsidized Housing District B. By inserting in Section 25- USE REGULATIONS SCHEDULE between the columns headed RO/RS and RT a new column (Approved headed RH and having the same symbols opposite the by various use designations as now appear in the column Attorney headed RO/RS; General Robert H. C. By inserting in Section 27 - Schedule of Dimensional Quinn, Controls between the columns headed RO and RS/RT a new Jul , column headed RH and reading as follows opposite the 1970) various designations in the first column on the left: Minimum Lot Area ) ) See Section 36 Minimum Lot Frontage ) Minimum Front Yard (b) 30 ft. (k) Minimum Side Yard 15 ft. (k) Minimum Rear Yard .. .. 15 ft. (k) Minimum Side and Rear Yard Adjacent to R0, RS, RT, RM Districts ... . . . 15. ft. (k) Minimum Yard Adjacent To other District 15 ft. (k) Minimum % Open Area N R (k) 180 Article 87. Maximum Height Schools Stories . 3 (Cont. ) Hospitals, Public Buildings-Feet 45 ft. Maximum height Stories 2' (k) Other Building Feet .0 ft. Minimum Between Buildings N R (k) D. By inserting 'in Section 27 - Schedule of Dimen- sional Controls in proper alphabetical location a new footnote (k) reading as follows: (k) The Board of Appeals may permit exceptions to � these dimensional controls for subsidized J housing in accordance with the provisions of Section 36; E. By amendingin the subsection 32.1 SCHEDULE OF REQuiRED PARKING AND LOADING in the column headed USE the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" to read as follows: Uses permitted on Special Permit in RO, RS or RT district (see subsection 12.2) or in RH district (see Section 36) F. By adding the district designation RH in that column heading of subsection 32.2 SWIKUULIE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING now reading R0, RS, RT, RM, so that the heading shall read RO, RS, RT, RM, RH. 10:02 P. M. Mr. Lund states that the Planning Board Report covering this article was filed with the report on Article 88. He also states that the Planning Board unanimously recommends the adoption of Article 87. 10:02 P. M. Main motion carried unanimously. 10:02 P. M. Article 89. presented by Eric T. Clarke. MOTION: To amend the Zoning By-Law by defining a "nursery" and by permitting, subject to appropriate conditions and limitations imposed by the Board of Appeals, the sale of certain supplementary items in conjunction with the operation of a nursery, as follows: (1) By inserting in Section 40 in the proper alpha- betical position the following new definition: NURSERY: The business of propagating plants, including trees, shrubs, vines, seed, grass, live flowers and other (Approved plants, and the storage and selling of such plants by grown on the premises. Attorney General, (2) By adding in Section 24 a new subsection 214..5 Robert H. reading as follows: Quinn, July 7, 24..5 Where the Board of Appeals determines that the 1970) character of the' neighborhood would not be impaired, the storage and sale of some or all of the following supplementary items in conjunction with the operation of a nursery may be permitted by Special Permit under subsection 12.2;- Plants- grown elsewhere than on the premises, items intended to improve or preserve the life and health of plants, including without limitation pesticides, insecticides, peat moss, humus, mulches, fertilizers, and other chemicals, hand gardening tools and hand gardening equipment, garden hose, watering and spraying devices, containers for living plants, cut flowers, Christmas trees and wreaths, in season; indoors only, birdseed, birdbaths, birdfeeders, birdhouses, and ornamental or decorative items intended for use with plants. 181 Article 89. The foregoing list may be expanded, in the discretion of (Cont. ) the Board of Appeals, to include other items related to plants, gardens or gardening, but shall not include power tools, other power equipment, furniture or items generally associated with the business of a hardware store rather than with the conduct of a nursery. Provided: that a nursery granted such a special permit snail conform to the dimensional controls in Section 27 as to lot area, frontage and yards and the maximum height of buildings for the district in which located and to the following additional requirements: Minimum lot area 2 acres; buildings (other than green- houses) may cover no more than a maximum of 20% of the lot area; greenhouses shall not be used for retail sales of items other than plants; buildings (other than green- houses), used for retail sales shall not exceed a maximum of 7,500 square feet; not less than 50% of the total land area of the nursery shall be used for the propa- gation or cultivation of plants in the open or in greenhouses; the Board of Appeals shall impose and may from time to time review and revise requirements for adequate off-street parking, screening, open space buffers, lighting, outdoor storage and display, hours of operation and such other requirements as the Board of Appeals may deem necessary to preserve the character of the neighborhood. 10:05 P. M. Mr. Clarke presents the Report: of the Planning Board covering this article and states that the Planning Board unanimously recommends adoption of this article. , - 10:08 P. M. Main motion carried unanimously. 10:10 P. M. Article 90. Presented by Eric T. Clarke. MOTION: To amend the Zoning By-Law as follows: A. By striking out the reference to and the text of (See footnotes e. and g. in Section 27 - Schedule of Dimon- Pages sional Controls, and that portion of the text of footnote 194- c. of said Section 27 beginning with the words "for 196) uses permitted on Special Permit, " and by inserting a new footnote e. reading as follows: e. Certain institutional uses allowed in RO, RS and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 26.7 reading as follows: 26.7 Any sanitarium, nursing home, convalescent E4756; rest home, or home for aged with a design capacity or actual capacity of 15 beds or more- must comply with all of the following require- ments in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area up to a maximum of 100 ft. ; Maximum portion of lot covered by buildings: 10% of the lot area; Maximum permitted capacity or occupancy: 15 beds per acre of lot area not to exceed 120 beds total capacity or occupancy; /82 Article 90. Minimum required parking: one parking space for (Cont. ) each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect in any way any special permits issued prior to March 31, 1970 or any building permits applied for or issued in connection with such special permits issued prior to March 31, 1970. C. By adding in subsection 32.1 entitled SCHEDULE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARK- ING following the words "Reasonably sufficient" the words "or as required by subsection 26.7 for the uses described therein." D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12.2)" the designation "0%", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law. • 10:15 P. M. Mr. Clarke presents the Report of the Planning Board covering Article 90 and states that the planning Board unanimously recommends the adoption of Article 90. 10:15 P. M. After general discussion, Frank T. Samuel, Jr. moves J the previous question which was declared carried by voice vote. 10:25 P. M. Robert Cataldo, Chairman of the Board of Selectmen, states that as he is the holder of one of the permits for a nursing home he will abstain from voting on this article. 10:25 P. M. A standing vote on the main motion, as offered by Mr. Clarke, taken as follows: In Favor Tellers Opposed 35 Homer J. Hagedorn 28 Martin A. Gilman • 20 23 Stephen T. Russian 23 J. S. Nason Whitney 1 126 49 More than the necessary two-thirds required having voted in favor, the motion is declared adopted. 10:27 P. M. Article 91. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding at the (Approved end of subsection 22.1. thereof the following new RM by multi-family (garden apartment) dwelling district: Attorney 22.14.6 A district between Winthrop Road and Vine Brook General, Road southwesterly of Waltham Street, bounded and Robert H. described as follows: Quinn, July 7, 1970) 183 Article 91. WESTERLY by the easterly line of Waltham Street, as (Cont. ) relocated by the Middlesex County Commissioners in July of 1925, 42.38 feet, more or less; NORTHERLY by lot B on plan recorded in Middlesex South District Registry of Deeds in Book 7543 End, by lots 17K, 171, 17G, 17E and 17C on Land Court Plan 9469-N and by parcel 22 on Land Court Plan 9469-0, a total distance of 747.41 feet, more or less; EASTERLY AND SOU IIEASTEHLY by said parcel 22 and by land now or formerly of Lexington Estates Trust on plan recorded in said Deeds in Book 10220, Page 92, a total distance of 1047 feet, more or less;. SOUTHERLY by Winthrop Road 103 feet, more or less; NORTHERLY AND NORTHUESTERLY by lot 226 on plan recorded in said Deeds in Book 7028, Page 132, 46.92 feet; SOUTHWESTERLY by lots 226 and. '225, a proposed street and lot 223, all as shown on said plan recorded in Book 7028, Page 132, 1426 feet, more or less; NORTHWESTERLY by lot containing 15,450 square feet and described in the deed recorded in said Deeds in Book 11741, Page 700, and by lots 1, 2, 3, 4, 5, " 6 and part lot 7 on plan recorded in said Deeds. in Plan Book 92 as Plan 9, 706.79 feet, more or less; Soua:h. xLY AND SOUTHEASTERLY by said part lot 7, 168.95 feet, more or less. 10:29 P. M. Mr. Lund asks that when this article is discussed that r- he hopes that the members also consider Article 99. Mr. Lund presents the Report of the Planning Board covering this article and also Article 99 and states that the Planning Board unanimously recommends adoption of Article 91.. 10:32 P. M. James F. Fenske files a petition signed by ninety-five residents of the Town who are opposed to this zoning change and asks that George Sutton of 37 Winthrop Road be recognized. Permission granted and Mr. Sutton speaks in opposition. 10:38 P. M. Alfred S. Busa serves notice of reconsideration of Article 90. 10:44 P. M. Article 91. Roland B. Greeley states that the Commission on Suburban (Cont. ) Responsibility unanimously favor" adoption of Article 91. 10:46 P. M. Leslie H. York moves the previous question which was declared carried by voice vote. 10:57 P. M. A standing vote on the main motion taken as follows: In Favor Tellers Opposed 36 Homer Hagedorn 3 37 Stephen T. Russian 10 41 Martin A. Gilman 4 33 J. S. Nason Whitney 9 147 -. 26 More than the required two-thirds having voted in favor, the motion is adopted. 10:58 P. M. 184 Erik Lund moves that Article 99 be taken up at this time. Carried Unanimously 10:59 P. M. Article 99. Presented by Erik Lund. MOTION: That the Selectmen be and they hereby are authorized, without consideration therefor or for such consideration as the Selectmen may determine, and upon such other terms and conditions as the Selectmen deem proper, to convey to the Lexington Housing Authority, for the construction of housing for the elderly, all or any part of the parcels of land described as follows: 1. That part, that is now owned by the Town, of the land southerly of Waltham Street acquired by the Town for nonpayment of taxes by instrument dated October 15, 1931, recorded in Middlesex South District Registry of Deeds, Book 5598, Page 331, the right of redemption of which has been foreclosed; and 2. The registered and unregistered parcels of land southerly of Waltham Street acquired by the Town by deed of Helen R. Grant et al, Trustees, dated April 25, 1961, recorded in Middlesex South District Registry of Deeds, Book 10220, Page 92, and registered in Middlesex South Land Registry District as Document No. 389338. 11 P. M. Mr. Lund states the Report of the Planning Board has already been filed under Article 91 and also states that the Planning Board unanimously recommends adoption of Article 99. 11 P. M. Otis S. Brown, Jr. makes the following motion: MOTION TO AMEND: I move to amend the motion under Article 99 by striking from the first paragraph there- of the words "all or any part of the parcels of land described as follows" and by substituting therefor the words "any part or parts, not exceeding in the aggregate four (Li.) acres, of the parcels of land described as follows". 11:02 P. M. The amendment, as offered by Mr. Brown, declared lost by voice vote. 11:02 P. M. --Main motion, as presented by Mr.. Lund, declared carried unanimously. 11:03 P. M. Article 92. Presented by Erik Lund. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Oak Park Corp. conveying to the Town parcels A, B, C, D and E on plan entitled "'Oak Park' - Section II Lexington, Mass. ", dated February 28, 1969, revised June 27, 1969, by Joseph W. Moore Co., Inc., recorded in Middle- sex South District Registry of Deeds, Book 11752, Page 169, and a deed from Oak Park Corp. conveying to the Town parcel F on said plan, be and hereby is ratified, confirmed and adopted. Carried unanimously 11:05 P. M. Robert Cataldo moves that the meeting be adjourned to Wednesday, March 25, 1970 at 8 P. M. at the Cary Memorial Hall. Carried Unanimously 11:06 P. M. )my. AaLle. Town Clerk AL85 ADJOURNED TOWN MEETING HELD MARCH 25, 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, .Jr. at 8:08 P. M. at the Cary Memorial Hall. There were 192 Town Meeting Members present. The Invocation was offered by Rev. Harold T. Handley of the Church of Our Redeemer. 8:08 P. M. Allan F. Kenney moves that Article 32 be removed from the table. Carried Unanimously 8:09 P. M. r- Article 32. Presented by Allan F. Kenney. MOTION: That the :Selectmen be and they hereby are authorized to enter into a contract or contracts for the remodeling of, and construction of additions to, the Town Office Building and the Police Building, for the original equipping and furnishing of said additions, andto authorize the Town Manager to supervise the work; that the sum of $306,791.00 be appropriated for the remodeling of said buildings and payment thereof be provided by raising the sum of $31,791.00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of $275,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $275,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter )SDI of the General Laws, asamended, within a period not exceeding ten years from their dates; that the sum of $636,505.00 be appropriated for the construction, original equipping and furnishing of said additions and payment thereof be provided by raising the sum of 620 560.66 in the current tax levy, by the transfer of $26,948.19 from the Stabili- zation Fund, by the transfer of $6,268.88 from the unexpended balance of the appropriation for alterations and additions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, by the transfer of $15,228.96 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town Meeting, by the transfer of $9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Torn Meeting, by the transfer of $11,076.48 from the unexpended balance of the appropriation for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January- 28, 1963 Special Town Meeting, by the transfer of $32,388.30 from the Sale of Real Estate Fund, and by the issue of bonds or notes of the Town for the balance of $515,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the vane $515,000.00 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 twenty years from their dates. 8:12 P. M. Mr. Kenney asks that Walter C. O'Connell, Town Manager, be recognized. Permission was granted and Mr. O'Connell spoke of the needs for the remodeling and alterations and additions. 8:24 P. M. 186 Article 32. Erik Lund states that the Planning Board supports this (Cont. ) article. 8:37 P. M. Robert M. Gary states that the Appropriation Committee is unanimously in favor of this article. 8:48 P. M. J. S. Nason Whitney makes the following motion: MOTION: That Article 32 by referred back to the Selectmen for further consideration by them and the Town Manager and that they report back to a later town meeting this year. 9:08 P. M. The motion to amend, as offered by Mr. Whitney, declared lost by voice vote. 9:18 P. M. Paul B. West moves to amend the main motion by changing the total $911.3,296..00 to the total $846,102.00. This deletes the Police remodeling and building section. 9:18 P. M. Mr.. Kenney reads the main motion, as amended by Mr. West, as follows: MOTION: That the Selectmen be and they hereby are authorized to enter into a contract or contracts for the remodeling of, and construction of additions to, the Town Office Building, for the original equipping and furnishing of-said additions, and to authorize the Town Manager to supervise the work; that the sum of $245,458.00 be appropriated for the remodeling of said building and payment thereof be provided by raising the sum of25,45 .00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of $220,000..00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum. of $220,000.00 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 ten years from their dates; that the sum of $617,385.00 be appropriated for the construction, original equipping and furnishing of said additions and payment thereof be. provided b raising the sum of 16,440.66 in the current tax levy, by the" transfer of $26,948.19 from the Stabilization Fund, by the transfer of $6,268.88 from the unexpended balance of the appropriation for alterationsand addi- tions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, by the transfer of $15,228.96 from the unexpended balance of the appropriation for the con- struction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town Meeting, by the transfer of $9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Town Meeting, by the transfer of $11,076.48 from the unexpended balance of the appropriation for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of, the Warrant for the January 28, 1963 Special Town Meeting, by the transfer of $32,388.30 5.30 from the Sale of Real Estate Fund, and by the issue of bonds or notes of the Town for the balance of $500,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $500,000.00 and Article 32. to issue bonds or notes of the Town therefor, to be (Cont. ) ppayable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates. 9:23. P. M. Leon A. Burke, Jr. moves the previous question which was declared carried by voice vote. 9:30 P. M. The amendment, as offered by Mr. West, declared lost by voice vote. 9:31 P. M. r7 Standing vote on main motion, taken as follows: In Favor Tellers O nosed 25 William J. Scouler 14 38 Russell B. Mason 2 29 Stanley E. Toye" 9 Martin A. Gilman 9 136 314- The 4The original motion, as presented by Mr. Kenney, declared adopted. 9:33 P. M. Allan F. Kenney moves that Article 33 be taken off the table. Carried Unanimously 9:33 P. M. Article 33. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $8500.00 for the cost of moving, relocating and providing, by purchase or lease, or otherwise, temporary facilities for, any or all of the offices of the Town as may be necessary or advisable during the remodeling of, and construction of additions to, the Town Office Building and Police Building, and for the cost of altering, r- remodeling or renovating any Town property or leased facility for such use. - Carried Unanimously. 9:33 P. M. Sumner P. Wolsky serves notice of reconsideration of Article 32. 9:34 P. M. Sumner P. Wolsky serves notice of reconsideration of Article 33. 9.3 P. M. - Article 93. Presented by Stanley A. Brown. MOTION: To authorize the Conservation Commission to - purchase or otherwise acquire and to authorize the Sel- ectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8c of Chapter 40 of General Laws, any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest in all or any part of the land owned now or formerly by the Oneida Corp- oration, known as the "Drummer Boy land" and designated r- 94.71 acres on the "Plan of Land in Lexington, Mass. ", dated April 20, 1962 by Joseph M. Moore, Inc. ; and to appropriate the sum of $72,000.00 for said land acquisi- tion, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:35 P. M. Robert M. Gary states that the Appropriation Committee recommenclsfavorable action on Articles 93, 94, 95, 78 and 79. 9:42 P. M. X88 Article 93. Erik Lund states that the Planning Board favors the (Cont. ) purchase of this land and gives it the highest priority. 9:43 P. M. Wilbur E. Cheever moves the previous question which was declared carried by voice vote. 9:53 P. M. Standing vote on the main motion taken as follows: In Favor Tellers Opposed 36 William J. Scouler 0 38 Russell B. Mason 0 40 Stanley E. Toye 0 40 Martin A. Gilman 0 -- 154 0 More than the required two-thirds having voted in favor, the motion is declared carried unanimously. 9:54 P. M. Article 94. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes 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 61, 62 and 63 Ivan Street, as shown on Land Court Plan 9475B, and the =subdivided portions of lots P and 0 Justin Street, as shown on Land Court Plan 9475G; and to appropriate the sum of $6,000.00 for said land acquisition and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:57 P. M. Article 95. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to - receive in the name of the Town, subject to the approval of the Selectmen, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, a gift of any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of lot 99-A, containing 23,600 square .feet, more or less, as shown on Map 83, Property Map, Town of Lexington, by James W. Sewall Company, as amended. Carried Unanimously 9:57 P. M. Article 96. Jules P. Sussman moves that this article be indefinitely postponed. Carried Unanimously 9:58 P. M. Stanley A. Brown moves to take Article 77 from the table. Carried Unanimously 9:59 P. M. Article 77. Francis W. K. Smith moves that this article be indefinitely postponed. Carried Unanimously 10 P. M. Stanley A. Brown moves to take Article ?9 from the table. Carried Unanimously 10 P. M. 189 Article 79. Presented by Angela E. Frick. MOTION: To authorizethe Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written (See Pages request of the Conservation Commission, for conservation 193 &_194. purposes as_ proviftg by Section 8c of Chapter 40 of the Art. 79 General Laws, any/ eehsement, or conservation restriction adopted) as defined in Seion. 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown asLot95A and Lot 96A on Assessors Property Map 11; and to appropriate the sum of $26,500.00 for said land acquisition and to provide for payment thereof by trans- fer from the Excess and Deficiency Account. 10:02 P. M. William H. Hamilton speaks agaist the article. 10:10 P. M. Richard A. Michelson moves to amend the motion by deleting the words "and Lot 96A". 10:19 P. M. Van T. Boughton of the Capital Expenditures Committee urges favorable action on the main motion. 10:25 P. M. Robert M. Gary questions Mr. Michelsonis amendment as he had not mentioned any change in the appropriation. 10:26 P. M. Richard A. Michelson further amends the main motion by striking the figure $26,500.00 and substituting therefor the figure $18,000.00. 10:28 P. M. Frank T. Samuel, Jr. moves that this article be tabled. Lost by voice vote. 10:33 P. H. Eric T. Clarke moves the previous question which was declared carried by voice_ vote. 10:3 . P. M. The motion to amend, as offered by Mr. Michelson, declared lost by voice vote. 10:35 P. M. Standing vote on mainmotiontaken as follows: In Favor Tellers Opposed 30 - William J. Scouler 12 18 Russell B. Mason 22 37 Stanley E. Toye 4 25 Martin A. Gilman 29 110 67 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Smith, is not adopted. 10:37 P. M. William J. Scouler serves notice of reconsideration of Article 79. 10:37 P. M. [- Article 97. Presented by Jules P. Sussman. MOTION: To .authorize the- -Conservation Commission to purchase or otherwise acquire, and -to -authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8c of Chapter 40 of the General Laws, any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of the parcel marked 55.7 Acres, more or less, as shown on the plan recorded in Middlesex South District Registry of Deeds in Book 11079, Page 82, entitled "Compiled Plan of Land in Lexington, Mass.", dated March 5, 1966, by 190 Article 97. J. W. Moore and owned now or formerly by the Trustees of (Cont. ) the Waymint Realty Trust, and the parcel marked 58.6 Acres, more or less, as shown on the plan recorded in Middlesex South District Registry of Deeds in Book. 10022, Page 387, entitled "Compiled Plan of Land in Lexington, Mass.", dated April 2, 1962, by A. A. Miller and W. C. Nylander and owned now or formerly by Benjamin Franklin Homes, Inc. ; and to appropriate for said land acquisi- tion the sum of $87,000.00, and to provide for payment thereof by transferring the sum of $26,000.00 from the Excess a.nd Deficiency Account and by raising the balance of $61,000.00 in the current tax levy. 10:38 P. M. i Robert M. Gary moves to amend the motion by striking the figure $26,000.00 and substituting therefor the figure $52,000.00 and striking the figure $610000.00 and substituting therefor the figure ,000.00. 10:41 P. M. Mr. Gary states that the Appropriation Committee recommends unfavorable action on this main motion. 10:43 P. M. (See Howard L. Levingston makes a motion that this article Page 193) be tabled. 10:42 P. M. Motion to table declared Carried by voice vote. 10:43 P. M. Hugh M. Chapin moves that Article 101 be taken up at this time. Declared Lost by voice vote. 10:43 P. M. Eric Lund serves notice of reconsideration of Article 97 but the motion is ruled out of order by the Moderator. 10:44 P. M. Article 98. Presented by Donald M. Graham. MOTION: , T9 raise and appropriate the sum of $10,350.00 to be expended under the supervision of the Planning Board for a preliminary study for the development of - the land located southeasterly of the Northern Circum- ,.� ferential Highway (Rte. 128) , southwesterly of the Boston and Maim Railroad, northwesterly of Garfield Street and northeasterly of the Pine Meadows Golf Club, for housing for people of low or moderate income, for recreation and play areas, for an elementary school or for other suitable uses; the Planning Board to report the results of said study to a future town meeting not later than the 1971 Annual Town Meeting; and to auth- orize the Planning Board or the Selectmen on behalf of the Town to apply for and receive any Federal or State grants or reimbursements for which such study may be eligible. 10:46 P. M. Mr. Graham presents the Report of the Planning Board covering this article and states that the Planning Board unanimously recommends the adoption of Article 98. 10:48 P. M. Vernon C. page moves that this article be indefinitely postponed. 10:50 P. M. Stillman P. Williams moves the previous question which was declared carried by voice vote. 10:55 P. M. The Moderator doubted the voice vote on the motion to indefinitely postpone Article 98, so a standing vote was taken as follows: In Favor Tellers Opposed 10 William J. Scouler 30 21 Russell B. Mason 23 0 Stanley E. Toye 39 28 Martin A. Gilman 59 116 Motion to indefinitely postpone Article 98 declared lost. 10:57 P. M. Article 98. Main motion, as offered by Mr. Graham under (Cont. ) Article 98 was declared carried by voice vote. 10:57 P. M. Robert Cataldo moves that the meeting-be adjourned to Monday, March 30, 1970 at 8 P. M. at the Cary Memorial Hall. Carried Unanimously 10:58 P. M. ?pature. - - Town-Clerk 192 - - ADJOURNED TOWN-MEETING-HELD MARCH' 30, 1970- The meeting was called to order by the .Moderator, Lincoln P. Cole, Jr. at S P. M. at the Cary Memorial Hall. The Moderator states that there will be a short recess until there is a quorum present.. , The Moderator again called the meeting to order at 8:04 P. M. There were 192 Town Meeting Members present. The Invocation was offered by Rev. Billie B. Earnhart, Chaplain of the V. A. Hospital, Bedford, Mass. 8:05 P. M. Donald E. Legro, Town Counsel, presents the following motion: -- MOTION TO REOPEN: To reopen Article 4t.9 for the sole purpose of inserting immediately before the appropriating clause and incorporating in the vote adopted under Article 49 at the March 18, 1970 adjourned session of this meeting the (See words, "provided that any steps, windows, porticos and other Page usual projections appurtenant to a building, embankments, 161) walls, fences, gates and structures existing at the time of the establishment of said building lines shall be permitted to remain and be maintained in their present location;". 8:11 P. M. Standing vote taken on the motion to reopen as follows: In Favor Tellers Opposed 35 Stanley E. Toye 2 35 William J. Scouler 1 46 Stephen T. Russian 0 50 Martin A. Gilman 0 166 3 r s, Motion to reopen Article 49 is declared carried. 8:13 P. M. Donald E. Legro presents the following motion: MOTION: To insert immediately before the appropriating clause and incorporate in the vote adopted under Article 49 at the March 18, 1970 adjourned session of this meeting the words, "provided that any steps, windows, porticos and other usual projections appurtenant to a building, embankments, walls, fences, gates and structures existing at the time of the establishment of said building lines shall be permitted to remain and be maintained in their present locations;". 8:14 P. M. Carried by voice vote. 8:18 p. M. The motion under Article 49 with the insertion voted as above, reads as follows: MOTION: To accept and establish a building line on Massa- chusetts Avenue from the easterly boundary line of the premises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered 1654- 1656 Massachusetts Avenue, said building line being parallel to and distant 15 feet southerly from the southerly side lite of the 1916 County Layout of Massa. chusetts Avenue, all as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, - dated January 19, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building line; to accept and establish a building line on the entire length of the easterly side of the 1956 Town Layout of Wallis Court, said building line being parallel to and distant 7.5 feet easterly from the easterly side line of said Wallis Court, and a building line ADOPTED MOTION RE-OPENED WITHOUT RECONSIDERATION. 19 Article 49. on the entire length of the westerly side of said Wallis (Cont. ) Court, said building line being parallel to and distant 7.5 feet westerly from the westerly side line of said Wallis Court, all as laid out by the Selectmenand shown upon said plan on file in the office of the Town Clerk, dated January 19, -1970; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building lines provided that any steps, windows, porticos and -other usual projections appurtenant to a building, embankments, walls, fences, gates and structures existing at the time of the establishment of said buildinglines shall be permitted r- to remain and be maintained in their present location; and to raise and appropriate the sum of $12,000.00 for the establishment of said building lines and for said land acquisitions. Allen Lee Whitman, Jr, moves that Article 108 be taken up, out of order, at this time.. Carried by voice vote. 8:18 P.-M. Article 108. Presented by Allen Lee whitman, Jr. MOTION: That thisarticle be indefinitely postponed. Carried Unanimously 8:18 P. M. Jules P. Sussman moves that Article 97 be taken off the table at this time. Carried Unanimously 8:19 P. M. Article 97. Presented by Jules P. Sussman. MOTION: That this article be indefinitely postponed. Carried by voice vote. 8:21 P. M. William J. Scouler moves that Article ?9 be reconsidered at this time. Carried by voice vote. 8:27 P. M. Article 79. Presented by.Stanley A. Brown. MOTION.: To authorize the Conservation Commission to purchase or otherwise acquire,, and to authorize the Selectmen to take-by,eminent domain, upon the written request of the Conservation Commission, for conservation (See purposes as-provided by Section-8C of Chapter 40 of the Page 189) General Laws, any fee, easement, or conservation re- striction as defined in Section 31 of Chapter 184 of the General Laws or other interest inall or any part of land shown as Lot 95A and Lot 96A on Assessors Property Map 11; and to appropriate the sum of $26,500.00 for said land acquisition and to provide for payment there- of by transfer from the Excess and Deficiency Account. 8:28 P. M. Richard A. Michelson moves to amend the motion by deleting -the words "and. Lot 96A" and by striking the figure $26,500.00 and substituting therefor the figure $9,500.00. 8:34 P. M. Erik Lund states that the Planning Board is against the amendment and in favor of the main motion. 8:4 P. M. Van T. Boughton, Jr. states that the Capital Expenditures Committee- is in fayr of the main motion and against the amendment. 8:47 P. -M. The amendment, as offered by Mr. Michelson, declared lost by voice vote. 8:47 P. M. 194 Article 79. Standing vote on main motion as presented by Mr. Brown (Cont. ) taken as follows: In Favor Tellers Opposed 39 William J. Scowler 1 37 Stanley E. Toys 2 35 Stephen T. Russian 12 36 Martin A. Gilman 15 147 30 More than the required two-thirds having voted in favor, the main motion, as presented by Mr. Brown, declared adopted. 8:50 P. M. Alfred S. Busa moves for reconsideration of Article 90. 8:50 P. M. Erik Lund states that the Planning Board believes that the article should stand- as it is now and does not reel that the article should be reconsidered. 8:56 P. M. Joseph 0. Rooney moves the previous question which was declared carried by voice vote. 9:08 P. M. A standing vote on Mr. Busa's motion to reconsider Article 90 taken as follows: In Favor Tellers Opposed 26 William J. Scouler 16 14]. Stephen T. Russian 8 12 Stanley E. Tote' 27 35 Martin A. Gilman 1 114 69 Reconsideration of Article 90 declared carried. 9:13 P. M. Article 90. Alfred S. Busa presents the following motion: �-- Under section B after minimum street frontage 200; I move to strike the present minimum front, rear and side yard requirements and insert the following: (See Minimum front yard: 100 feet Pages Minium side and rear yards: 60 feet 182 & 181) Under section B regarding the maximum permitted capacity or occupancy; I move to strike the numbers 15 and 120 and insert the numbers 20 and 160 respectively to read as follows: Maximum permitted capacity or occupancy; 20 beds per acre or fraction thereof of lot area not to exceed 160 beds total capacity or occupancy. Maximum portion of lot covered by buildings and parking lot 10% of lot area. 9:14 P. M. Alfred S. Busa withdraws his motion to amend. ' Erik Lund presents the main motion under Article 90. MOTION: To amend the Zoning By-Law as follows: A. By striking out the reference to and the text of footnotes e. and g. in Section 27 - Schedule of Dimensional Controlsand that portion of the text of footnote c. of said Section 27 beginning with the words "for uses permitted on Special Permit," and by inserting a new footnote e. reading as follows: 195 Article 90. e. Certain institutional uses allowed in RO, RS (Cont; ) and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 2647 reading as follows; 26.7 Any sanitarium, nursing home, convalescent home, rest home, or home foragedwith a design capacity or actual capacity of 15 beds or more must comply with all of the following requirements in addition- to any other conditions the Board of Appeals may impose: - . Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area up to a maximum of 100 ft, ; Maximum portion of lot covered by buildings: 10% of the lot area; Maximum permitted capacity or occupancy: 15 beds per acre of lot area not to exceed 120 beds total capacity or occupancy; Minimum required parking: one parking space for each 3Jbeds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect .in r% ,ray any special permits issued prior to March 31, 1970 or any building permits applied for or issued in connection with such special permits issued prior to March 31, 1970. C. By adding in subsection 32.1 entitled SuH.HVULE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" in the column captioned ` REQUIRED PARKING following the words "Reasonably sufficient" the words "or as required by subsection 26.7 for the uses described therein. " D. By striking out in all columns ofsubsection32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12.2) 11 the designation "Oa", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law. 9:21 P. M. Alfred S. Busa presents the following amendment: Under section B after minimum street frontage 200; I move to strike the present minimum front, rear and side yard requirements and insert the following: Minimum front yard: 100 feet Minimum side and rear yards: 60 feet Under section B regarding the maximum permitted capacity or occupancy; I move to strike the numbers 15 and 120 and insert the numbers 20 and 160 respectively to read as follows: 196 Article 90. Maximum permitted capacity or occupancy; 20 beds per (Cont. ) acre or fraction thereof of lot area..not to exceed 160 beds total capacity .or occupancy,., .Maximum portion of lot covered by buildimgs.:and parking lot 10% of lot area. 9:22 P. M. Charles H. Cole,2nd moves to amend by striking out the figures 20 and 160 and 15 and 120 and. leaving no restrictions. 9:38 P. M. The motion to amend, as offered by Mr. Cole, declared lost by voice vote. 9:40 P. M. Herbert W. Eisenberg moves to amend the amendment by deleting the words "and parking lot". - 9.41 P. M. The Moderator asked Mr. Busa if he bad intended to --� make separate amendments or one amendment and Mr. Busa answered that it was one amendment. 9:45 P. M. Eric B. Kula moves the previous. question Mich was declared carried by voice vote. - 9:50 P. M. -- The amendment, as offered by Mr. Eisenberg, was declared lost by voice vote. 9:50 P. M. A standing vote on the amendment, as offered by Mr. Busa, was taken as follows: In Favor Tellers Opposed 16 William J. Scowler 211. 7 Stanley E. Toye 33 33 Stephen T. Russian 17 32 Martin A. Gilman 23 88 97 The motion to amend, as offered by Mr. Busa, declared lost. 9:51 P. M. -- Voice vote on main motion was not unanimous, so a standing vote was taken -as follows: In Favor Tellers Opposed 31 William J. Scouler 8 15 Stephen T. Russian 33 33 Stanley E. Toye 26 Martin A. Gilman 30 105 75 Less than the required two-thirds having voted in favor, the motion, as offered by Mr. Lund, is .declared lost. 9:55. P. M. Sumner P.. Wolsky moves for reconsideration of Article 32. 9:55 P. M. After general discussion, James M. McLaughlin moves the previous question which was declared carried by voice vote. . .. 10:21 P. M. _ Motion to reconsider Article 32 was declared lost by voice vote, which was doubted, so a standing vote taken as follows: In Favor Tellers Opposed 16 William J. Scowler 20 18 Stanley E. Toye 19 2 Stephen T. Russian 3855 12 Martin A. Gilman 48 122 Reconsideration of Article 32 declared lost. 10:23 P. M. 1 97 Article 100. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized in the name and on behalf of the Town to sell and convey, upon such terms and conditions as they deem proper, all or any part of a certain parcel of land on Rockville Avenue that was acquired in 1963 from Oscar W. Carlson and Lillian M. Carlsonand is no longer needed by the Town; and that the minimum amount to be paid for such conveyance shall be $3500.00; and that the deed of conveyance shall be in such form as the Selectmen, by their execution there- of, shall approve. - 10:24 P. M. After general discussion, Leon A. Burke, Jr. moves the previous question which was declared carried by voice vote. -- 10:43 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 30 William J. Scouler 5 32 Stephen T. Russian 11 28 Stanley E. Toye 8 Martin A. Gil man 12 130 36 More than the required two-thirds having voted in favor, the main motion declared carried. 10:45 P. M. Wilbur M. Jaquith moves that Article 46 be taken from the table. Carried Unanimously 10:L5 P. M. Article 46. Presented- by-Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to accept on behalf of the Town from Marcia W. A. Dane, a gift of a fund of One Thousand ($1,000) Dollars in memory of Elsa W. Regestein to be paid to the Trustees- of Public Trusts and held in trust and administered by them, the income therefrom to be expended not more often than annually for scholarship or other awards to be made under the direction of the Principal of the Lexington High School to members of the senior class of said School who deserve recognition for having performed their school work conscientiously and to the best of their ability while at the same time carrying on, within or outside the School, some additional worthwhile activity or employment, the award to be known as The Elsa W. Regestein Award. Carried Unanimously 10:47 P. M. Alfred P. Tropeano moves that the meeting be adjourned to Wednesday, April 1, 1970, at 8 p. M. at 10:47 P. M. the Cary Memorial Hall. J. S. Nason Whitney moves to amend the motion to read that the r- meeting be adjourned to Monday, April 6, 1970, at 8 P. M. 10:48 P. M. Mr. Whitney's motion declared lost by voice vote. 10:49 P. M. Robert E. Bond moves to amend the motion to read that the meeting be adjourned to Wednesday, April_ l, 1970, at 7:30 P. M. Declared- lost. 10:Ij.9 P. M. Mr. Tropeano's motion that the meeting be adjourned to Wednesday, April 1, 1970, at 8 P. M. declared carried. 10:50 P. M. -4/141/ a Town Clerk 198 ADdvunitisD TON .MEETING:: HELD APRIL, .l, 1970, The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:01 P. M. at the Cary Memorial Hall. The Moderator states that there would. be a short recess until there was a quorum present. The Moder..ator called the meeting to order at 8:06 P. M. There were 186 Town Meeting Members present. Invocation offered by Rev. John.. .R.. Lilly, Pastor of the Lexington United Methodist Church. 8:07 P. M. Article 101. Presented by Hugh M. Chapin. Under Article 101, I offer the .following motion: I move to amend the Zoning By-Law by adding at the end of Subsection 22.4 thereof the following new RM multi-family dwelling district: A district situated on the Northeasterly side of Concord Avenue, between Waltham Street and Blossom Street, containing about 7.9 acres,_ bounded and described as follows: Commencing at--a point in the Northeasterly line of Concord .Avenue at land now or formerly of Foster, at the end of a face wall and. one hundred fifty-eight and 73/100 (158.73). feet- Southeasterly from the -County Commissioner's stone bound; - Thence running North 30° 341 30" East, one hundred thirty-two and 15/100 (132.15) feet by said Foster land to a drill hole in the base of a set wall.; Thence turning and running .North, 43° 481 West, along said land of Foster, seventy-nine and 9/10 (79.9) feet to a drill hole; - Thence running North, 30° 6' West by said land of Foster, thirty-one and 9/10 (31.9) feet to a drill hole at a corner; Thence turning and running North, 37° 231 East, 7,] along land of said Foster, seventy-three and 9/10 (73.9) feet to a point; Thence running North 17° 23' East, by said land of Foster, seventeen and 2/10 (17.2) feet -to another point; Thence .running. North, 43° 101--East along said land of Foster, three hundred ninety-sig. and 8/10 (396.8) feet to a point in the stone wall; Thence continuing, by said land. of Foster, North 42° 91 East, one hundred seventy-seven -and 3/10 (177.3) feet to a corner in a stone wall at land .now or formerly of Bedell; Thence turning and running .South 50° 201 30" East by said Bedell land, two hundred ninety-eight and 95/100 (298.95) feet to a cross wall; Thence running: South 56° East, by said land of Bedell, two hundred sixty-four and 6/10 (264.6) feet to a corner; - Thence turning and running South, 40° 58' West by land now or formerly of Condon, thirty-three and 5/10 (33.5) feet to a cross wall; - Thence running South 58° 161 20" West by said land formerly of Condon and by land now or formerly of Fuller, five hundred- ninety and 9/10 (590.:9) feet to a point in said wall; Thence running South, 57° 28' 30" West by land now or formerly of Staples, one hundred five and 9/10 (105.9) feet to a point in said wall; Thence running south 55° 38 1 West, by land- of said Staples, ninety-nine (99) feet to a bend in said wall; Thence turning slightly and running South 36° 401 West, by said land of Staples five and 8/10 (5.8) feet to Concord Avenue; 199 Article- 101. Thence turning and running North 61° 57' 30" West, (Cont. ) by said Concord Avenue, one hundred thirty-six and 10/100 (136.10) feet- to a point in the northeasterly line of said Concord Avenue; Thence running North 63° 30' West by said Concord Avenue, seventy-four and 50/100 (71 .50) feet to the point of beginning. 8:13 P. M. Paul Boyd of the Niles Company i2 sreccognzed and speaks for the article. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board recommends that this article be indefinitely postponed. r. 8:27 P. M. General discussion. 8:45 P. M. Voice vote on Mr. Chapin's motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 9 William J. Saouler 29 21 James F _Fenske 20 9 Stanley E. Toye- 27 20. Malcolm R. Gavin 30 59 _ - 106 Motion, as presented by Mr. Chapin, defeated. 8:47 P. M. Article 102. Presented by Norman J. Richards. MOTION: That the Zoning By-Law be amended as set forth in Article 102 of the Warrant for the 1970 Annual Town Meeting. 8:50 P. M. (Article 102 as set forth in the Warrant for the 1970 Annual Town Meeting: To amend the zoning by-law by adding at the end of Subsection 22.4 thereof the following new RM-multi - - family dwelling district 22.1 .6 a district on the south- easterly side of Maple Street beginning at the most westerly corner of the premises, a -point on the M.D.C. trunk sewer easement thence S 23° -23'4.7" E, 264.28 feet to an angle point and the center line of the 40 foot Monroe Brook Easement; thence S 33°-421-OOE, 150.00 feet along the center line of said brook; thence S 42°-38'-15"E, 251.98 feet along the center line of said brook; thence S 70°-1..1'08" E, 278.16 feet along the center line of said brook; thence S 58°-54' -45" E, 158.82 feet along the centerline of said brook to a point on the westerly side line of Bryant Road on a curve with a radius of 297.00 feet; thence in a north- easterly direction along said curve and westerly side- line of Bryant Road a. length of arc 112.09 feet to a point of curvature; thence N 56°.00'-10" E, 217.45 feet to a point in said sideline; thence N 33°-19'50" *, 21.72 feet to a. point by Lot 33; thence N 61°-32'-20" W, 159.75 feet to a point and by. said Lot 33; thence N 45°-191-50" -E, 203.52 feet to a point and by Lot 33 to Lot 32; thence N L.8°-09'.-20" W, 18.00 feet to a point and by Lot 32; thence N 28°-30'20" E, 212.73 feet to a point in the southerly sideline of Dickens Road on a curve of Radius 315.00 feet, said point and next course delineate the end of Dickens Road; thence N 37°-07'-57" E, 50.16 feet across said Dickens Road to the northerly sideline of Dickens' Road on a curve of Radius 265.00 feet; thence N 31°-40'-50" E, 239.38 feet 00 Article 102. to a point and by Lot 23 at Lot 24; thence N 49°-34.1 .0" (Cont. ) W, 50.00 feet to a point and by Lot 24; thence N 6'- �41-00" W, 139.90 feet to a point and by Lot 24 thence N 56°-04t-30" E, 450.06 to a point and by Lots. 24, 25s and 26 to Lot corner of Lots 15 and 16; thence N 33°-02t-10" W, 215.00 feet to the southerly sideline of Sanderson: Road; thence N 50-X571-50" E, 23.00 feet along aforesaid sideline to a point of curvature and by Lot 16; thence N 31°-051 -04" E, 86.61 feet to a point in the northerly sideline of aforesaid Sanderson Road and on a curve of Radius 255.00 feet, this course running diagonally across Sanderson Road to Lot 7; thence N 10°-48I-20" W, 231.36 feet to a point and by Lot 7 to the rear lot line of Lot 3, said Lot 3 fronts ' on. Maple Street; thence S 67°-381-10" W, 40.00 feet to a point and by Lot- 3 to Lot 4; thence S 56°-181-00" w, -- 804.00 feet to a point in the easterly sideline of aforementioned Dickens Road, and by Lots 4, 5, 6, 7, 8, 9, 10 and 11; thence N 33°-42t -00" W, 125.00 feet- on said sideline and by Lot 11 to the southerly side- line of Maple Street; thence S 56°-1=81-00" W, 124.87 feet-- along said sideline of Maple Street-to the center- line of Pessenden Brook and land now or formerly of Westberg; thence S 2°-061-39" E, 48.54 feet to a point in the centerline of said brook and land of Westberg; thence S 10_231 -0©" E, 40. feet as aforementioned;oiie thence S 3°-44, -40" W, 62.55feet to a S 560-181-00" W, 167.52 feet to a point by land of Westberg and Murphy to land of Smith; thence S 33°- 421 -00" E, 75.00 feet to a point and by land of Smith; thence S 56'19-18t-00" W, 602.00 feet by land of Smith, Hyde, Dolham, Giurleo and Welch to the point of beginning. ) Mr. Richards for the article as Attorney for the Village Development Corporation. 9:04 P. M. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board unanimously recommends that Article 102 be defeated. 9:07 P. M. A standing vote was taken on the motion, as presented by Mr. Richards, as follows: - In Favor Tellers Opposed 0 William J. Scouler 38 4 James F. Fenske 36 2 - Stanley E. Toye 35 3 Malcolm R. Gavin 9 154 The motion, as offered by Mr. Richards, declared lost. 9:17 P. M. Stanley A. Brown moves that Article 78 be taken from the table. Carried Unanimously 9:17 P. M. Article 78. Presented by Stanley A. Brown MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes 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 35, 36, 41B on Assessors Property Map 38; and to raise and appropriate therefor the sum of $500.00. 9:18 P. M. 20_ Article 78. Jack L. Mitchell moves that this matter be referred (Cont. ) back to the Conservation .Commission for further study and report to a future town meeting. 9:28 P, M. Robert Cataldo and Norman J. Richards support the motion to re-commit. 9:33 P. M. William R. Page moves the previous question which was declared carried by voice vote. 9:37 P. M. A standing vote was taken as follows on. Mr. Mitchell's motion: - •In Favor Tellers- Opposed 16 William J. Scouter 25 27 James F. Fenske 13 8 _ Stanley E. Toye 29 �t 1� Malcolm R. Gavin 17 92 84 Mr. Mitchell'smotion that thismatter be referred back to the Conservation Commission for further study was declared carried. 9:39 P. M. Article 103. Presented by Charles H. Cole, 2nd. _ MOTION: To amendtheZoning By-Law by adding to Section 22 thereof entitled Geographical Description of Residence District,_ a new subsection 22.5 reading as follows: 22.5 RH -- Subsidized Housing`Districts: 22.51 A district at the westerly side of Marrett Road and the northerly side of Middle Street and northwesterly of their /unction, containing fourteen (14) acres, more or less, and being shown upon plans of land entitled 22mpiled Plan. of Land in Lexington? Mass., by Albert A. Miler and. Wilbur 0. Nylanaer, dazed. December 2, 1968 (addition March 12, 1969), hereinafter called Plan No. 1, recorded in Middlesex South Deeds, Book 11679, page 640, and Plan of Land in Lexington, Mass. , by said Miller and Nylanaer, dazed- September y, iyby, and recorded in Middle- sex South Deeds, Book 1171.9, page 729, hereinafter called Plan No. 2, bounded and described as follows: Mr. Cole asks that he be excused from reading the description of the land as set forth in Article 103 of the Warrant for the 1970 Annual Town Meeting. . Permission granted. 9:42 P. M. (Description of the land as set forth in Article 103 of the Warrant for the 1970 Annual Town Meeting reads as follows: - Beginning at a .point two hundred (200) feet from the northerly side of Middle Street at land of Thomas A. and Catherine A. Napoli, and running Southeasterly one hundred twenty-nine and 83/100 (129.83) feet by the northeasterly line of Lot marked "James L. and Bonnie Jones", _as shown on Plan No. 2; thence Southwesterly by said Lot of Jones, forty (11.0) feet; thence Southeasterly as shown on said Plan No. 2, one hundred twenty-five (125) feet to Lot of Panetta on said Plan No. 2; thence Northeasterly by said lot of Panetta, forty (40) feet; thetfce Southeasterly by said Lot of Panetta one hundred and twenty-five (12 5) feet; thence Southeasterly by Parcel A as shown on- said Plan No. 2, twenty-five (25) feet; thence Southwesterly by said Parcel A, seventy (70) feet to the northeasterly boundary of a lot Marked "2, 16,250 sq. ft. " as shown on said Plan No. 2; thence 202 Article 1.03. Southeasterly. by said lot of 16,250 feet a distance of (Cont. ) one hundred twenty-five. (125) feet to the northeasterly corner of said lot; _thence Southwesterly by said. lot of 16,250 square feet, one ,hundred thirty (130) feet to Middle Street; thence Southeasterly on said Middle Street seven hundred thirteen (713.) feet, more or less; thence Northeasterly by a rounded corner seventy-two (72) teet, more or less, to -Marrett Road (formerly School Street); thence running--Northerly on. said Marrett Road, one thousand and seventy-five -(1,075) feet, more or less to land now or formerly of John B. Heaney; thence turning and running Westerly by said land now or formerly of Heaney., three hundred and thirty (330) feet t to land now or formerly of James W. and Gail Degan; thence running Southwesterly by said land now or formerly of Degan and by land now or formerly of Reynold C. and Claire Y. Boselli, two hundred and ninety (290) feet, more or less.; thence running Northwesterly by said land now or formerly of Boselli, one hundred (100) feet, more or less, to-land now or formerly of Thomas A. and Catherine A. Napoli, thence running Southwesterly by said land now or formerly of Napoli, two hundred and ninety-six (296) feet, more or less, to point of beginning. ) George Cass speaks for the article. 9:47 P. M. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board recommends passage of Article 103. 9:52 P. M. Roland B. Greeley states that Commission on Suburban Responsibility is in favor of Article 103. 10:25 P. M. After general discussionJohn J. Downey, Jr. moves the previous question which was declared carried by voice vote. 10:36 P. M. A standing vote on the main motion., as offered by Mr. Cole, taken as follows: In Favor Tellers Opposed 28 William J. Scouler 11 12 James F. Fenske 32 26 Stanley E. Toye 13 18 Malcolm R. Gavin 33 84 89 Mr. Cole's motion declared defeated. 10:38 P. M. Article 1014.. Presented by Patricia K. Hagedorn. MOTION: To amend the Zoning By Law by adding at the end of Sub-Section 23.1 thereof the following new C-R office and research park district: A District on the Town of Lexington and City of Waltham boundary, on the Westerly side of the Northern Circum- ferential Highway (Route 128) on the Southwesterly side (Approved of the Route 128-Route 2 Interchange, so called, bounded by and described as follows: Attorney General, Beginning at the Southeast corner of the within Robert H. described `premises; running Norther37by the easterly Quinn, - sideline of Tracer Lane and Westerly sideline of July 7, -Northern Circumferential Highway, (Route 128) ]40 feet, 1970) more or less, to a point, thence Northerly by the Westerly sideline of the Northern Circumferential Highway (Route 128), 1115.55 feet; thence Northwesterly by the sideline of said highway 83 feet, more or less, to the Hobbs Brook Basin of the Cambridge Water Works; thence Southerly by said Hobbs Brook Basin 950 feet, more or less; thence Westerly by said Hobbs Brook Basin 288.52 203 Article 104. feet; thence Southerly by other land of C-R Trust (Cont. ) 385 feet, more or less, to a point on the Waltham- Lexington town line which point is the intersection of said town line with the Northerly sideline of a right- of-way owned by the Boston Edison Company; thence Easterly-by said town line 750 feet, more or less, to the Easterly sideline of a right of way known as Tracer Lane, being also, the Westerly sideline of the Northern Circumferential Highway (Route 128) being the point of beginning. Containing- 11- ± A. -of land more or less. 10:4.0 P. M.- c • Jacqueline B. Davison serves notice "of' reconsideration of Article 103. 10:52 P. M. Article 104.. Francis T. Worrell presents the Report of the Planning (Cont. ) Board and states that the Planning Board recommends favorable action on Article 104.. 10:54 -P. H. - William R. Whalon reads a letter addressed to the Moderator from Paul F-.-X. Powers, Councillor At- Large from Waltham regarding a resolution passed by the Waltham City CoungaL in opposition to Article 104.. 11:07 P. M. - After general discussion, James Cataldo moves the previous question which was declared carried by voice vote. -11:18 P. M. Erik Lund states that he will not vote on this article as his firm has represented Mr. Roberts in the past and that he has not signed the Planning Board Report covering this article. 11:20 P. M. The voice vote was not unanimous, so a standing vote .� was taken as follows on Mrs. Hagedornts motion: In Favor Tellers Opposed 1 t' 27 t William J. Scouler 10 31 . James- F-,-Fenske 7 21 Stanley E. Toye 15 Malcolm R. Gavin 9 120 41 More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Hagedorn, is declared adopted. - 11:24: P.' M. Article 105. Francis T. Worrell moves that this article be indefinitely postponed. Carried Unanimously 11:25 P. M. Article 106. Allan F. Kenney moves that this article be indefinitely postponed. - Carried Unanimously 11:27 P. M. Jacqueline B. Davison moves for reconsideration of Article 103. 11:28 P. M. Alfred P. Tropeano moves the previous question which was declared lost by voice vote. 11:29 P. M. Voice-vote on previous question was doubted, so a standing vote was taken as follows: In Favor Tellers - imposed 18 William J. Scouler 21 37 James F. Fenske 2 9 Stanley E. Toye 23 39 Malcolm R. Gavin 13 103 59 Mr. Tropeanots motion for the previous question was declared carried. 11:32 P. M. 204 The motion on the floor at this time is Mrs. Davison's motion for reconsideration of Article 103. John J. Maguire asks Mrs. Davison if she would relinquish part of her ten minutes and Mrs. Davison granted his request. Mr. Maguire then spoke against reconsideration of Article 103 although he had originally been in favor of the passage of the article. 11:33 P. M. Reconsideration of Article 103 was declared lost by voice vote. 11:35 P. M. Article 107. Presented by Manfred P. Friedman. MOTION: To amend the Zoning By-Law of the Town by adding thereto a new section numbered 37 as follows: Section 37: The Board of Appeals` may grant a special- permit for development within any tract of land desig- nated as a Wetland Conservancy. District, subject to the requirements and conditions described below. 37.1 The general objectives of creating a Wetland nalervancy. District are to protect the public health and safety, persons and property against the hazards of ground water inundation; to preserve and maintain the ground water table; for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along water courses, or in areas subject to a high water table; to preserve and increase the amenities of the Town; and to conserve natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public. 37.2 In a Wetland Conservancy District the following are permitted uses: 37.21 Conservation of water, plants or wildlife; 37.22 Recreation, including play areas, nature stuay, golf, boating, fishing, and hunting where otherwise legally permitted; 37.23 Grazing and farming, including truck gardening ana narvesting of crops, and drainage, irrigation, and dams incidental thereto; 37.24 Forestry; i(.e5 Telephone, telegraph, power and gas transmission, municipal water and sewer lines. 37.3 In a Wetland Conservancy District the Board Of-Meals may issue a special permit for any of the following uses: 37.31- The erection of structures provided they otherwise conform with the provisions of this By-Law; 37.32 The changing of the grade or contour of the lana oy one or more feet; - 37.33 Changes in water courses, or drainage works proviaea such changes are in accordance with a plan prepared or authorized by an appropriate public agency; 37.34 The temporary storage of materials or equipment; tins erection of barns, stables, and the like for the shelter, breeding or boarding of animals and the storage of crops raised on the premises. 37.4 The application for a special permit in a Wetland Conservancy District shall be accompanied by a preliminary plan showing the land contours at two-foot intervals, related to elevation above mean sea level (msl) indicating the bench marks used and certified by a registered land surveyor, and the location and elevation 205 Article 107. of proposed structures and grading. . Copies of the (Cont. ) plan shall also be submitted to the Planning Board, . to the Board of Health and to the Conservation Commission. 37.5 The Board of Appeals shall not take any action on a petition for a permit for development within a Wetland Conservancy District until the Planning Board, the Board of Health, and the Conservation Commission shall have submitted their written recommendations to the Board of Appeals or, 45 days shall have elapsed from the date of submission of the preliminary plan and application fora special permit. 37.6 The Planning Board, the Board of Health, and the nErervation Commission shall in writing to the Board of Appeals their reports and recommenda- tions as to said application for special permit, to include at least the following: 37.61 A general description of the tract in question and surrounding area. 37.62 An evaluation of the appropriateness of the proposed de-telopment- and the extent to which it accomplishes the objectives of a Wetland Conservancy District. 37.63 Their determination as to the number of lots useacie for building. 37.64 Recommendations for the granting or denial of the special permit, including recommendations for modifications restrictions or requirements to be imposed as a condition of granting a special permit. 37.7 In determining whether to grant a special permit fordevelopmentwithin a Wetland Conservancy L District the Board of Appeals shall consider: 37.71 The reports and recommendations of the Planning Board, Board- of Health and Conservation Comm. ission. • 37.72 The general objectives of a Wetland Conservancy District. 37.73 The existing and probable future development or surrounding area. 37.74 The appropriateness of the proposed development of the Wetland Conservancy District in relation with topography, soils and other characteristics of the tract in question. 37.75 Whether the construction, fill or use of the tract will not endanger the health or safety of the occupants-thereof or of other lands in or adjacent to the Wetland Conservancy District and whether it will interfere with drainage. 378 Where the Board of Appeals ' decision differs rrom the recommendation of the Planning Board, Board of Health or Conservation Commission, the Board of'Appeals shall state in its decision the reasons therefore. . • 37.9 Nothing contained herein shall in any way exem151-17. proliosed subdivision ,from complid.rme with the Rules and Regulations of the Planning Board. 206 Article. 107. 37.10 Any use ofpremises which requires the (Cont. ) issuance or a7-special permit by or approval by the Board of Appeals or the issuance of a permit by the Building Inspector shall be deemeda permitted use - under this section to the extent of such approval or permit, if., prior to the date this section is adopted by vote of the Town Meeting, such .approvalwas given or such permit was issued. - 37.11 Where a district boundary shall include a numerical figure followed by the letters msl, the boundaries shall be established.,along -a contour line which is that number of feet above "mean sea level". The basic source for determining such a line shall be the U. S. Geological- Survey as interpreted by the Planning Board on subsequent field surveys by registered land surveyors. 37.12 The .areas constituted a Wetland Con- servancy District are described within geographical boundaries and as below -a specified mean sea level --- (msl) . This implies that a Wetland Conservancy Dis- trict may be superimposed on existing zones and that not all land within the geographical boundary may be within the Wetland Conservancy District. - 11: .2P. M. Frank H. Totman, Jr. raises the question of a quorum being present. The Moderator asks the tellers to take a count, which was done as follows: Tellers Count Malcolm R. Gavin 28 Stanley E. Toye 30 James F. Fenske 26 William J. Scouler 30 11 . The presence of one hundred, members_ constitutes a quorum, therefore, the Moderator declares that there is a quorum present. 11:45 P. M. Article 107. Erik Lund presents the Planning Board Report covering (Cont. ) Article 107 and states that the Planning Board is opposed to the adoption of Article 107 and recommends that it be defeated. 11:51 P. M. Roland B. Greeley states that the Board of Selectmen unanimously agree with the Planning Board and do not recommend passage of this article. 11:53 P. M. Ephraim Weiss presents the following motion: I move to refer Article 107 to the Planning Board and Conservation Commission, both separately and jointly, for a report and article at, or before, the next annual meeting. 11:58 P. M. James M. McLaughlin_ moves the previous question which was declared carried by voice vote. 12:02 A. M. Mr. Weiss's motion to amend the main motion is declared lost by voice vote. 12:03 A. M. Standing vote on main motion taken as follows: In Favor Tellers Opposed 3 William J. Scouler 29 0 James F. Fenske 33 4 Stanley E. Toye 27 0 Malcolm R. Gavin 37 7 126 Main motion, as presented by Mr. Friedman lost. 12:05 A. M. 207 Article 109. Presented by Allen Lee Whitman, -Jr. MOTION: To amend the General By-laws by adding a new section numbered XXX to read as follows: PERMANENT BUILDING COMMITTEE Section 1. The Town shall have a Permanent Building Committee consisting of five voters of the Town appointed for terms of three yearseach, the terms of no more than two of which shall, expire in any one year. No regular member of the committee shall be a town �- officer or town employee. On or before the first day of May in each year the Town Manager shall appoint to the committee one or two members (as the case may be) to serve until April 30 in the third year thereafter and until his successor-is appointed and qualified. The adoption of this by-law shall not effect the term of any member of the Permanent (Approved '" '' -Building-Committee as constituted and existing on the by effective date of this by-law. Any vacancy in the Attorney committee shall be filled by appointment by the manager General, and the member so appointed shall serve for the unexpired Robert H. term of his predecessor. If any regular member of the Quinn, committee ceases to be a resident of the Town, or July 7, accepts any position that would have made him ineligible 1970) for appointment to the committee, he shall forthwith cease to be a member of the committee. The committee shall choose its own officers. The board or committee for which a structure, recreational facility, or building is being planned or constructed shall appoint two non-voting representatives to the committee who shall be entitled to participate in the activities of the committee only with respect to the particular project for which they are so appointed and only for the time during which the committee is [- exercising its function with respect to such project. Section 2. When authorized by the Town, the Permanent Building Committee shall have general supervision over the design and construction of publie structures, recreational facilities and buildinv including the authority to employ professional assistants, to obtain bids, and to enter into contracts on behalf of the Town for preparation of plans and specifications, and for the construction, remodeling, alteration or renovation, including equipping and furnishing, of buildings and other structures and recreational facilities. The plans and specifications for all such construction, equipping and furnishing shaliin each instance be subject to the approval of the board or committee for which such building or recreational facility is being planned or constructed. The committee may make recommendations and reports to the Town from time to time and shall - make an annual report of its activities and recommenda- tions to be published in the Annual Town Report. 12:07 A. M. Robert Cataldo states that the Board of Selectmen are opposed to the passage of this article. 12:12 A. M. Robert V. Whitman states that the Permanent Building Committee has no objections to the passage of this by- law amendment. 12:13 A. M. The main motion, as offered by Allen Lee Whitman, Jr., declared carried by voice vote. 12:14 A. M. 2()S Robert M. Gary, Chairman of the Appropriation Committee, states that the estimated tax rate is still about the same as when the meeting started ($65.50). 12:16 A. M. Article 110. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 12:17 A. M. Robert ,Cataldo, Chairman of the Board of Selectmen, moves that tie meeting be dissolved. Carried Unanimously 12:17 A. M. R. 711,71.4 Town Clerk PW (Warrant for Special Election - See Warrant Book) 209 =A V`i: i i_ SPECIAL REFERENDUM THE REMODELING OF,t AND ADDITIONS TO, THE TOWN OFFICE BUILDING AND THE POLICE BUILDING HELD APRIL 27, 1970 In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington Monday, April the twenty-seventh in the year of our Lord nineteen hundred and seventy at seven o' clock in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; 'Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Henry P. Meade Margaret S. Magner Inspector Alice G. Marshall Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Dolores M. Swan Inspector Edna F. Marshall Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey Mary F. Irwin Inspector Sally S. Hooper Ida B. Fisk Inspector Florence M. Downe The polls were declared open in each precinct at seven o'clock a.m. and remained open until eight o' clock P. M., at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,777 (Twenty-seven hundred. seventy-seven) Precinct Two 2,484 (Twenty-four hundred eighty-four) Precinct Three 2,327 (Twenty-three hundred twenty-seven) Precinct Four 2,290 (Twenty-two hundred ninety) Precinct Five 2,603 (Twenty-six hundred three ) Precinct Six 2,431 (Twenty-four hundred thirty-one) Total 14,912 (Fourteen thousand nine hundred twelve) The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 600 (Six Hundred ) Precinct Two 513 (Five hundred thirteen) Precinct Three 604 (Six hundred four) Precinct Four 689 (Six hundred eighty-nine) Precinct Five 709 (Seven hundred nine) Precinct Six 568 (Five hundred sixty-eight) Total 3,683 (Thirty six hundred eighty three) VolAr 210 QUESTION Shall the Town vote to approve the action of the representative town meeting whereby it was voted to authorize the Selectmen to enter into a contract or contracts for the remodeling of, and additions to, the Town Office Building and the Police Building, and to authorize the Town Manager to supervise the work; to appropriate $306,791.00 for said remodeling, to provide for payment thereof by raising $31,791.00 in the current tax levy and by issuing bonds or notes of the Town for the balance of $275,000.00; and to appropriate $636,505.00 for the construction, original equipping and furnishing of said additions and to provide for payment thereof by raising the sum of $20,560.66 in the current tax levy, by transferring certain specified balances totaling $100,944.34, and by issuing bonds or notes of the Town for the balance of $515,000.00. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Total Yes 121 ill 171 148 132 147 830 No 478 399 431 534 577 419 2,838 Blanks 1 3 2 7 0 2 15 Totals 600 513 604 689 709 568 3,683 , In accordance with Chapter 381 of the Acts of 1954, less than the necessary 20% having voted to reverse the action of the March 25, 1970 Adjourned Town Meeting, the action is not reversed and Article 32 is adopted. 1441114.4,- 0 411t'c', \ Town Clerk 211 (WARRANT FOR STATE PRIMARY - See Warrant Book) STATE PRIMARY September 15, 1970 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 15, 1970 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct r- Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School Building; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following ,election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R - Mary E. Clifford Warden R - Ilda J. Field R - Marjorie E. Wirpio Clerk R - Agnes Heimlich R - Harold W. Josephson Inspector R - Alice G. Marshall D - Eileen J. Fradette Inspector D - Henry P. Meade D - Margaret S. Magner Inspector D - Mary C. Casey D - Rita E. Kiley Inspector D - Ann M. Baum Precinct Three Precinct Four D - Randall W. Richards Warden D - Michael Lovezzola R - Edna R. Anderson Clerk D - Mary G. Oliver R - Dolores M. Swan Inspector R - Mary G. McCauley D - Marjorie Modoono Inspector D - Edna F. Marshall D - Helen C. Rooney Inspector R - Rose J. Grant R - Winifred E. Ivester Inspector R - Caroline F. Deloury Precinct Five Precinct Six D - Joseph 0, Rooney Warden D - Mary J. Ferry D - Helen L. Perry Clerk D - Elizabeth F. Downey R - Mary F. Irwin Inspector R - Sally S. Hooper R - Margaret S. Wilson Inspector R - Florence M. Downs D - Alice Lillian Osgood Inspector R - Mildred M. Cronin R - Ida B. Fisk Inspector D - Mary V. Spencer The polls were declared open in each precinct at seven o*clock A. M. and remained open until eight o'clock P. M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Republicans Democrats Independents Totals Precinct One 6511. 1,101. 1,111 2,869 Precinct Two 621 8 7722 895 1, 2 ,97 — - - Precinct Three 945 Precinct Four 799 799 769 2,3675 Precinct Five 917 898 868 2,683 Precinct Six 781 752 957 2,490 Totals 44717 5,128 5,505 15,350 Reconciliation sheets were delivered to the Town Clerk at her office. 212 The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Ballots Cast: R2publican Democrat Total Precinct One 227 685 912 Precinct Two 216 509 725 Precinct Three 320 379 699 Precinct Four 276 473 749 Precinct Five 2911. 521 815 Precinct Six 250 1.37 687 Totals 1,583 3,004 4,587 REPUBLICAN PARTY - PR. 1 PR. 2 PR. 3 PR. 1. FR.S PR.6 TOTAL SENATOR IN CONGRESS Josiah A. Spaulding 130 106 195 166 157 143 897 John J. McCarthy 87 101 115 102 128 97 630 Blanks 10 9 10 8 9 - 10 rb Totals 227 216 320 276 294 250 1,583 GOVERNOR Francis W. Sargent 201 194 291 254 270 223 1,433 Blanks _26 22 29 22 221 27 150 Totals 227 216 320 276 2911. 250 1,583 Litiulrt+IANT GOVERNOR Donald R. Dwight 182 178 277 233 246 205 1,321 Blanks 38 43 11. 3 ° 48 45 262. -- To tals —Totals 227 216 320 276 2911. 250 1,583 .._. ATTORNEY GENERAL DonaldL. Coma, 186 172 2?5 2366 245 - 201 1,315 Blanks 44 Totals 227 216 320 276 2911. - 250 1,583 SECRETARY Mary B. Newman 182 179 278 241 251 207 1,338 Blanks 45 2 .3 1 11 211..5 Totals 227 216 320 276 294 250 1,583 TREASURER Frederick D. Hannon 181 167 269 234 238 198 1,287 Blanks 46 _11 2 56 296 Totals 227 216 320 276 294 250 1,583 AUDITOR Frank P. Bucci 1?7 169 261 232 238 192 1,269 Blanks 50 47 44 56 _51 314 Totals 227 216 320 276 294 250 1,583 213 REPUBLICAN PARTY PR. 1 PR. 2 PR. 3 PR. Li PR.5 PR.6 TOTAL CONGRESSMAN - FIFTH DISTRICT F. Bradford Morse 195 190 289 256 270 222 1,422 Blanks 32 26 31 20 221 ,28 161 Totals 227 216 320 276 294 250 1,583 COUNCILLOR - SIXTH DISTRICT r7 B11B1Finkg227 216 20 276 294_ 2s0 _ 8 Totals 227 216 3 0 27-T O. , SENATOR - aiviasm MIDDLESEX DISTRICT Ronald C. MacKenzie 186 - 180 269 250 253 207 1,345 Blanks 41 36 26 41 , t__ 238 Totals 227 216 320 276 294 250 1,583 REPRESENTATIVE IN GENERAL COURT amyrarxn MIDDLESEX DISTRICT PRECINCT ONE ONLY Gregory B. Khachadoorian 93 -- -- -- -- -- 93 Frank E. Kirkland 117 -- -- -- MI WO --. 117 Blanks -- -- - -- -- 17 Totals 227 -- -- -- -- -- 227 REPRESENTATIVE IN GENERAL COURT TWENTY-FOURTH MIDDLESEX DISTRICT PRECINCTS TWO THROUGH SIX [- Lincoln P. Cole, Jr. -- 188 _ 283 252 261 219 1,203 Blanks -- 28 , 37 __ , 33 153 Totals -- 216 320 276 294 250 1,356 DISTRICT ATTORNEY - NORTHERN DISTRICT Blanks 227 216 2a 271 29 250 1,58.3 Totals 227 216 320 276 294 250 1:583 CLERK OF COURTS - MIDDLESEX COUNTY Blanks 227 216 220 276 29 22O 1,583 Totals 227 216 320 276 294 250 1,583 REGISTER OF DEEDS - MIDDLESEX SOUTHERN DISTRICT Vincent D. McCabe 183 172 259 228 231i. 197 1,273 Blanks1 t1.1 61 A8 60 310 Totals 227 216 320 276 294 250 1,583 COUNTY COMMISSIONER - MIDDLESEX COI/Dux Blanks 227 216 220 276 .2.2.1, Egg. 1,583 Totals 227 216 320 276 294 250 1:583 ShE IFF - MIDDLESEX COUNTY John J. Buckley 185 186 280 243 247 205 1,346 Blanks 30 X10 _3 � _r Totals 227 216 320 276 294 250 1,583 214 DEMOCRATIC PARTY PR. 1 PR. 2' PR. 3' PR. 4. PR. 5 PR.6 TOTAL SENATOR IN CONGRESS Edward M. Kennedy 4.82 390 282 354 369 321 2,198 Blanks , 203 119 97 119 _12 116 806 Totals 685 509 379 4.73 521 437 3,004 GOVERNOR Maurice A. Donahue 129 99 59 89 85 72 533 Francis X. Bellotti 123 61 37 54 64 60 399 Kenneth P. O'Donnell 72 63 40 6o 51 55 341 -- Kevin H. White 347 276 24.0 258 313 245 1,679 William E. Baird -- -- -- -- 1 -- 1 Spaulding -- -- -- -- 1 -- 1 Blanks - __A l0 3 . 12 6 5 50 Totals 685 509 379 473 521 437 3,004 LIEUTENANT GOVERNOR Michael S. Dukakis 383 339 249 308 381 252 1,912 Rocco J. Antonelli 68 38 19 30 32 26 213 John J. Craven, Jr. 16 15 11 11 15 11 ?9 Kathleen T. Ryan Dacey 36 29 24. 30 21 38. 178 James S. McCormack 14]. 72 - 47 65 51 79 4.55 Blanks L4.1 16 29 29 21 31 167 Totals 685 509 379 473 521 437 3,004 ATTORNEY GENERAL Robert H. Quinn 459 359 254 33o 352 303 2,057 Blanks 226 150, 121 143, 169 134. 947 Totals 685 509 379 473 521 437 3,004 SECRETARY John F, X. Davoren 397 306 216 285 296 256 1,756 Blanks 288 203 163 188 22 181 1,248 Totals 685 509 379 473 521 4.37 3,004 TREASURER Robert Q. Crane 4.00 315 221 294 304 274 1,808 Blank's 28,5 , 194- 158 179 217 162 1,196 Totals 685 509 379 473 521 437 3,404 AUDITOR Thaddeus Buczko 4.38 330 223 307 332 279 1,909 Blanks -247 179 156 166 189 1�r8 1,095 Totals 685 509 379 473 521 4.37 3,0014. CONGRESSMAN - .Refit DISTRICT . 71 Richard Williams 370 276 197 274 289 250 1,656 __I F. Bradford Morse - -- -- 1 1 Blanks 31- ,2333_ 182 199 2, 1. la 1,347 Totals 685 509 .379 473 521 437 3,004 215 DEMOCRATIC' PARTY PR. 1 PR, 2 PR. 3 PR. 4 PR. 5 PR.6 TOTAL COUNCILLOR - SIXTH DISTRICT G. Edward Bradley 312 203 158 189 201 186 . 1,249 Thomas Robbat 118 92 68 98 107 90 573 Blanks 255 214 153 186 213 161 1,182 Totals 685 509 379 473 521 437 3,004 SENATOR - SEVENTH MIDDLESEX DISTRICT r- Philip N. Bredesen 382 281 215 274 304 257 1,713 Blanks 303 228 164. 199 217 180 1,291 Totals 685 509 379 473 521 437 3,004 REPRESENTATIVE IN GENERAL COURT SEVENTH MIDDLESEX DISTRICT PRECINCT ONE ONLY John F. Cusack 392 -- -- -- -- -- 392 Marvin H. Glaser 263 -- -- -- -- -- 263 Blanks 30 -- -- -- -- -- 30 Totals 685 685 REPRESENTATIVE IN GENERAL COURT TWENTY-FOURTH MIDDLESEX DISTRICT PRECINCTS TWO THROUGH SIX Stephen H. Legomsky -- 294 198 283 304 251 1,330 Blanks 215 181 190 217 186 989 Totals -- 509 379 473 521 437 2,319 r- DISTRICT ATTORNEY - NORTHERN DISTRICT John J. Droney 390 295 202 259 270 259 1,675 Blanks 295 214 177 21 251 178 1,329 Totals 685 509 379 473 521 437 3,004 CLERK OF COURTS - MIDDLESEX COUNTY Edward J. Sullivan 318 251 167 206 192 187 1,321 Charles L. Buckley 166 116 91 115 150 124 762 Blanks 201 1 2 121 2.2. 179 126 921 Totals 685 509 379 473 521 437 3,004 REGISTER OF DEEDS - MIDDLESEX SOUTHERN DISTRICT John F. Zamparelli 146 108 60 100 99 98 611 George Louis Andersen 96 93 714. 100 70 69 502 Charles W. Buckley 89 67 57 55 57 59 384 John F. Cremens 166 104 70 83 114 96 633 Blanks 188 137 118 181 115 874 Totals 685 509 379 473 521 437 3,004 COUNTY COMMISSIONER - MIDDLESEX COUNTY John L. Danehy 219 154 91 112 124 134 834 Angelo Giangregorio 39 23 9 23 23 18 135 Warren D. Pierce, Jr.133 115 102 116 124 102 692 John D. Pirelli 41 28 14 17 13 12 125 Keith H. Weston 42 30 31 33 14.0 33 209 Blanks 211 159 132 172 197 138 1,009 Totals 685 509 379 473 521 437 3,004 216 DEMOCRATIC PARTY PR. 1 PR. 2 PR.3- PR. 4° PR. 5 PR. 6 TOTAL SHERIFF - MIDDLESEX COUNT John F. Dever, Jr. 186 132 124. 116 119 137 814. Arthur R. Fitzpatrick 35 22 21 26 38 35 177 Leonard M. Frisoli 114. 93 61 95 105 78 54.6 Walter J. Sullivan 224 173 90 117 142 103 84.9 John F. Buckley -- -- -- -- 3 -- 3 Blanks 126 89 83 119 11 84 615 Totals 685 509 379 473 521 437 3,004. +' PARTIAL BALLOT A special polling place was set up in the corridor of Cary Memorial Building for voters qualified to use a partial ballot - voting for United States Congressmen, United States Senators and State-Wide Offices only. These ballots were for residents of Massachusetts that have lived in the State over six months but under the required one year. Six people registered for these ballots and one Republican and one Democrat actually cast *their ballots. These two ballots have not been counted and have been impounded per order of the United States District Court. The following election officers presided at the partial ballot polling place: R -Virginia M. Warner Warden D -Helen G. Garten Clerk /\D //V r r--� �44. ` 1 - Town Clerk T- 217 SEPTEMBER 26, 1970 RECOUNT OF VOTES CAST SEPTEMBER 15, 1970 FOR THE OFFICE OF REPUBLICAN STATE REPRESENTATIVE, PRECINCT ONE Upon receipt of recount petition from Frank H. Caswell; 450 Lowell Street, Lexington, a recount of votes cast for the office of Republican State Representative, Precinct One, at the State Primary held September.151 1970 was held on Saturday, September 26, 1970 at 11:00 A. M. Present at the recount: Rev. Robert W. Porteus and. John Joseph Mulcahy, representatives for Frank E. Kirkland. Robert J. Naylor and Mary T. Khachadoorian, representatives for Gregory B. raachadoorian. Timothy Sullivan, Chairman of the Board of Registrars. Reed Kingston Taylor, member of the Board of Registrars. Mary E. Clifford and. Marjorie E. Wirpio, Election Workers. Mary f . McDonough, Town Clerk and Clerk of Board of Registrars. Figures on the voting machines at Precinct One were checked, showing no change from the original tabulation. The figures were as follows: Gregory B. Khachadoorian 93 Frank E. Kirkland 117 Blanks 17 Total 227 There were no changes in the total figures for each candidate as recorded September 15, 1970. 2)(44,,,, 4_ rarK0014. Town Clerk • 1 G 1 8 (See Warrant Book) _ STATE ELECTION NOVEMBER 3, 1970 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 3, 1970 at seven o'clock in the forenoon. 4 The following places were: designated as the voting places for the various precincts: Precinct One, Harrington. School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School; Special Ballots (residents in ;fl State less than one year), Cary Memorial Hall. The following election officers having been duly appointed by the Selectmen and Wardens of the various precincts were assigned for duty as follows: a Precinct One Precinct Two R Mary E. Clifford Warden R - Ilda J. Field R Marjorie E. Wirpio Clerk R - Agnes Heimlich R Ida B. Fisk Inspector R - Alice G. Marshall D Eileen J. Fradette , Inspector D - Henry P. Meade D Margaret S. Magner Inspector D - Mary C. Casey D Rita E. Kiley Inspector D - Ann M. Baum Precinct Three Precinct Four D Aandall. W. Richards. Warden D - Michael Lovezzola R Edna R. Anderson Clerk D - Mary G. Oliver R Dolores M. Swan Inspector R - Mary G. McCauley D Marjorie Modoono Inspector D - Edna F. Marshall D Helen C. Rooney Inspector R - Rose J. Grant R Winifred E. Ivester Inspector R - Caroline F, Deloury Precinct Five Precinct Six I D Joseph 0. Rooney Warden D - Mary J. Ferry D Helen L. Perry Clerk D - Elizabeth F. Downey R Mary F. Irwin Inspector R - Sally S. Hooper R Margaret S. Wilson Inspector R - Florence M. Downe R Mildred M. Cronin Inspector D - Mary V. Spencer D Maude A. O'Neill Inspector R - Harold W. Josephson The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M., at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,94.7 Twenty-nine hundred, forty-seven Precinct Two 2,631 Twenty-six hundred, thirty-one Precinct Three 2,4.54. Twenty-four hundred, fifty-four Precinct Four 2,4.30 Twenty-four hundred, thirty Precinct Five 2,770 Twenty-seven hundred, seventy Precinct Six 2,565 Twenty-five hundred, sixty-five 15,797 Fifteen thousand, seven hundred ninety-seven Reconciliation sheets were delivered to the Town Clerk at her office. 219 The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Ballots Cast Precinct One 2,298 Twenty-two hundred, ninety-eight Precinct Two 2,061 Two thousand, sixty-one . Precinct Three 1,946 Nineteen hundred, forty-six - Precinct Four 1,965 Nineteen hundred, sixty-five Precinct Five 2,316 Twenty-three hundred, sixteen Precinct Six 2,021 Two thousand, twenty-one 12,607 Twelve thousand, six hundred seven L , SENATOR IN CONGRESS Pr. 1. Pr.2 Pr.3 Pr. 4 Pr.5 Pr. 6 Totals Josiah A. Spaulding 931 830 1033 935 1164 982 5,875 Edward M. Kennedy 1147 1047 722 868 961 871 5,616 Lawrence Gilfedder 14 18 14 20 10 7 83 Mark R. Shaw 9 4 8 5 6 9 41 Peter Camejo 1 3 4 Nord Davis 2 2 Blanks 197 161 164 137 175 152 9&6 Totals 2298 2061 1946 1965 2316 2021 12,607 GOVERNOR AND LIEUTENANT GOVERNOR - TEAMED Sargent and Dwight 1393 1250 1335 1351 1562 1331 8,222 White and Dukakis 781 696 499 515 633 544 3,668 GOVERNOR AND LIEUTENANT GOVERNOR - NOT TEAMED Henning A. Blomen 6 10 11 12 7 8 54 John Charles Hedges 2 3 5 1 4 5 20 ,-- Michael Kelly 1 1 Blanks 116 101 96 86 110 133 6142 L Totals- 2298 2061 1946 1965 2316 2021 . 12,607 - LIEUTENANT GOVERNOR - TEAMED Sargent and Dwight 1393 1250 1335 1351 1562 1331 8,222 White and Dukakis 781 696 499 515 633 544 3,668 LIEUTENANT GOVERNOR - NOT TEAMED Francis A. Votano 7 11 6 10 6 8 ' 48 Albert E. Bates 1 4 4 2 4 4 19 Blanks 116 100 102 87 111 134 - 650 Totals 2298 2061 1946 1965 2316 2021 12,607 ATTORNEY GENERAL Donald L. Conn 914 846 1056 963 1163 982 5,924 Robert H. Quinn 1104 979 677 747 914 827 5,248 Willy N. Hogseth 14 20 15 27 16 10 104 Toba Singer 3 3 Blanks 266 216 195 228 221 202 1,328 L Totals 2298 2061 1946 1965 2316 2021 12,607 SECRETARY Mary B. Newman 1316 1261 1402 1398 1601 1311 8,289 John P. X. Davoren 698 589 359 401 499 508 3,054 Edgar E. Gaudet 17 20 15 17 14 9 92 Murvin A. Becker 6 3 4 6 1 6 26 Blanks 261 188 166 143 201 187 1,146 Totals 2298 2061 1946 1965 2316 2021 12,607 220 TREASURER Pr. 1 Pr. 2 Pr. 3 Pr. 4 Pr. 5 Pr. 6 Totals Frederick D. Hannon ?79 702 942 833 990 834 5,080 Robert Q. Crane 1098 963 655 770 941 840 5,267 Roy K. Nelson .23 31 18 29 22 15 138 John B. Lauder 9 9 5 6 6 12 47 Blanks 389 . 356 326 327 357 32o 2,075 Totals 2298 2061 1946 1965 2316 2021 12,607 AUDITOR Frank P. Bucci 812 718 919 857 986 823 5,115 Thaddeus Buczko 1098 994 712 778 970 889 5.11411 -- Raymond J. Gray , 26 . 31 , 17 22 a 16 13 125 Roger I. Williams 12 7 7 8 8 11 53 Blanks 350 • 311 291 300 336 285 1,873 Totals 2298 2061 1946 1965 2316 2021 12,607- CONGRESSMAN (Fifth .District) F. Bradford Morse 1355 1237 1432 1311. 1572 1346 8,256 Richard Williams 680 592 352 425 569 493 3,111 Blanks 232 162 226 175 182 1,240 Totals 2298 2061 1946 1965 2316 2021 12,607 COUNCILLOR (Sixth District) G. Edward Bradley 922 771 534 615 716 686 4,P4/1 Stephen T. Russian - - 1 - 1 Blanks 1376 1290 1) 12 1350 1599 1335 8,362 Totals 2298 2061 1946 1965 2316 2021 ` 12,607 SENATOR (Seventh Middlesex District) 71 Ronald C. MacKenzie 1105 1042 12!7 1194 1426 1202 7,216 J Philip N. Bredesen 858 762 502 556 662 588 3,928 Blanks 335 257 197 215 228 231 1,463 Totals 2298 2061 1946 1965 2316 2021 12,607 REPRESENTATIVE IN GENERAL COURT (SEVENTH MIDDLESEX DISTRICT) Gregory B. Khachadoorian 751 -- -- -- -- -- 751 John F. Cusack 1380 -- -- -- -- ` 1380 Blanks - 167 -- -- -- -- _- 167 Totals 2298 2298 REPRESENTATIVE INGENERALCOURT (Twenty-fourth Middlesex District) Lincoln P. Cole,Jr. -- 1111 1359 1172 i)i)t2 1251 ° 6335 Stephen H. Legomsky -- 777 474 664 746 639 - 3300 Blanks -- 173 113 129 128 131 674 Totals 2061 1946 1965 2316 2021 10309 DISTRICT ATTORNEY (Northern District) John J. Droney 1090 874 635 718 808 776 4901 Blanks 1208 1187 1311 1247 1508 1245 7706 Totals 2298 2061 1946 1965 2316 2021 12607 221 CLERK OF COURTS (Middlesex County) Pr,, 1 Pr.2 Pr.3 Pr,.4 Pr.5 Pr.6 Totals Edward J. Sullivan 1053 858 580 690 804 765 4,750 Blanks 1245 1203 1366 1275 1512 1256 7,857 Totals 2298 2061 1946 1965 2316 2021 12,607 REGISTER OF DEEDS (Middlesex Southern District) Vincent D. McCabe 929 866 1112 986 1211 1023 6,127 John F. Zamparelli 828 707 419 561 591 5b0 3,696 Blanks 511 488 385 418 514 438, 2,784 Totals 2298 2061 1946 1965 2316 2021 12,607 COUNTY COMMISSIONER (Middlesex County John L. Danehy 937 763 541 613 679 680 4,213 Alan G. Adams -- -- -- -- 1 -- 1 Blanks 1361 1298 1405 1352 1636 1341 8,393 Totals 2298 2061 1946 1965 2316 2021 12,607 SHERIFF (Middlesex County) John J. Buckley 1360 1296 1386 1348 1634 1386 8,410 John F. Dever, Jr. 671 567 342 379 438 4411 2,838 Blanks - 267 198 218 238 21114. 194 1,359 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 1 (Real Property Classification) Yes 443 504 450 367 462 433 2,659 No 1276 1180 1183 1294 1472 1292 7,697 Blanks 579 377 313 304 382 296 2,251 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 2 (Abolition of 1 Year Residence for VotinE) Yes 1266 1283 1257 1319 1498 12515. 7,877 No 450 398 382 338 435 476 2,479 Blanks 582 380 307 308 383 291 2,251 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 3 (19-Year Old Voting Age) Yes 1172 1148 1054 1088 1277 1061 6,800 No 668 556 571 578 658 667 3,698 Blanks 458 357 321 299 381 93 2,109 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 4 (Single Member House Districts) Yes 977 935 890 966 1006 894 5,668 No 595 520 538 534 679 633 3,499 Blanks- 726 606 518 11.65 631 . 4911. 3,440 r- Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 5 (Vietnam War Question) A. 1?3 108 95 107 142 106 731 B. 855 731 815 793 926 887 5,007 0. 764 748 672 735 833 663 4,415 Blanks 506 471. 36 . 330 415 365 2.454 Totals 2298 2061 1946 1965 2316 2021 12,607 222 QUESTION NO. 6A(Full License) Pr., 1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals Yes 866 782 615 697 819 664. 4,443 No 874 774 816 810 941 901 5,116 Blanks 558 505 .11 458 556 456 3,048 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 6-B (Wines && Malt Beverages) Yes _ 832 735 570 655 783 621 4,196 No 781 703 782 759 873 853 4,751 7-7 Blanks 685 623 594 , 55]. 660 547 3,660 Totals 2298 2061 1946 1965 2316 2021 12,607 ._.. QUESTION NO.6-C (Package Stores) Yes 1336 1207 1141 1169 1397 1218 7,468 No 399 328 363 337 395 383 2,205 Blanks 563 526 442 459 524 420 2,934 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 6-D (Hotels) Yes 1326 1172 1044 1111 1276 1133 7,062 No 418 305 400 378 466 431 2,398 Blanks 554 584 02 476 574 457 3,15.7 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 6-E (Clubs & War Veterans Organizations) Yes 986 883 764 797 963 904 5,297 No - 689 597 641 627 749 607 3,910 Blanks 623 581 541 541 . 604 510 3,400 ' Totals 2298 2061 1946 1965 2316 2021 12,607 • QUESTION NO. 6-F (Restaurants -99 Person Capacity) Yes 1204 1082 962 992 1183 1010 6,433 No 493 438 482 467 566 554 3,000 Blanks 601 541 502 506 567 457 3,174 Totals 2298 2061 1946 1965 2316 2021 12,607 QUESTION NO. 7 (42 Hour Week for Firemen) Yes - 1224 1095 949 975 1128 1105 6,476 No - 735 631 690 718 826 651 _ 4,251 _ Blanks 339 335 307 272 362 265 1,880 Totals 2298 2061 1946 1965 2316 2021 12,607 /` 'J Town Clerk 2 2;3 SPECIAL BALLOTS FOR STATE ELECTION HELD NOVEMBER 3, 1970 A special polling place was set up in the corridor of Cary Memorial Building for voters qualified to use a special ballot but enabling them to vote for all offices. These ballots were for residents of Massachusetts that have lived in the State over six months but under the required one year. Sixteen people registered for these ballots and fourteen voters actually cast their ballots. These fourteen ballots have not been counted and have been impounded per order of the United States District Court. The following election officers presided at the special ballot polling place: R - Virginia M. Warner Warden D - Helen G. Garten - Clerk Ar. ))06-14,6-1A:c/ • Town Clerk Robert A. Bittenbender, 85 Meriam Street, town meeting member in Precinct Three, died on December 13, 1970. Charles A. Winchester, 57 Hancock Street, was moved up, and has accepted Town Meeting Membership in Precinct Three as of December 18, 1970, filling the vacancy caused by the death of Mr. Bittenbender. Term expires in March 1971. Betty S. Jones, Eta. Bloomfield Street, resigned as a Town Meeting Member in Precinct Four as of December 24, 1970. There will be a special election on January 11, 1971 to determine who will fill this vacancy. Gordon E. Steele, 12 Smith Avenue, resigned as a Town Meeting Member in Precinct Two as of January 7, 1971. Thomas G. Taylor, Eta. Marrett Road, was moved up, and has accepted Town Meeting Membership in Precinct Two as of January 8, 1971, filling the vacancy caused by the resignation of Mr. Steele. Term expires on March 1, 1971. 2 2.4 SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT FOUR JANUARY 11, 1971 At the Annual Town Election held March 2, 1970 Guy D. Busa and Joel B. Resnick received 347 votes each, thereforecreating a tie. A vacancy, caused by the resignation of Betty S. Jones, exists in the Town Meeting Membership in Precinct Four. A special election of Town Meeting Members from Precinct Four only was held Monday, January 11, 1971 at 7 :30 P. M. in the Town Clerk's. Office to determine which of the above-named persons would fill the vacancy until the Annual Town Election on March 1, 1971. Eric B. Kula acted as Chairman of the meeting and Natalie H. Riffin served as Clerk. There were 21 Town Meeting Members from Precinct Four present. The result of the paper ballot voting is as follows: Guy D. Busa 20 Joel B. Resnick 1 Total 21 Guy D. Busa was declared elected to fill the. vacancy _as .Town Meeting Member in Precinct Four until the Annual Town Election March 1, 1971. Mr. Busa accepted in writing to. the Town Clerk. fild.u4, 4°. )ti.),trvvert4. Mary R. McDonough, Town'Clerk (WARRANT FOR SPECIAL TOWN MEETING - See Warrant Book) SPECIAL TOWN MEETING HELD JANUARY 11, '1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P. M. in the Cary Memorial Hall. There were 189 Town Meeting Members present. The Invocation was offered by Rev. Harold T. Handley of the Church of Oir Redeemer. 8 :08 P. M. Robert Cataldo, Chairman of the Board of Selectmen, asked that r- the meeting pause for a moment of silence in memory for Robert A. Bittenbender, Town Meeting Member from Precinct Three, who passed away in December 1970. 8 :09 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:10 .P. M. The Town Clerk read the Constable's Return of the Warrant. 8 :10 P. M. Article 1. Edward E. Furash moves that the report of the Appro- priation Committee be accepted and placed on file. Carried Unanimously 8 :10 P. M. Carl Blake moves that the report of the Capital Expenditures Committee be accepted and placed- on file. Carried Unanimously 8 :10 P. M. Article 2.. Presented by Thomas G. Taylor. MOTION: That the Permanent Building Committee, appointed underthe authority of the- vote adopted under Article 73 of the Warrant for the 1967 Annual. Town Meeting, be and hereby is authorized on behalf of the. Town to enter into a contract or contracts for the construction and LI original equipping and furnishing of a new junior high school on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, and to supervise the work; and that the sum of $4,300,000.00 be appropriated and that payment be provided by the issue of bonds or notes of the Town for the sum of $4,300,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $4,300,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, 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 twenty years from their dates. 8:12 P. M. Robert H. Farwell, Chairman of the School Committee, states that his committee is in favor of this article. 8 :28 P. M. Edward E. Furash, Chairman of the Appropriation Committee, states that his committee favors this proposal. 8 :31 P. M. Louis A. Zehner, Town Treasurer, shows charts of payments and explains the effect on the tax rate. 8 :53 P. M. Robert Cataldo, Chairman of the Board of Selectmen, states that his board unanimously recommend passage of this article. 8:55 P. M. Diane Lund speaks for the League of Women Voters in favor of this article. 8 :58 P. M. 226 Article 2.. James M. McLaughlin moves the previous question which (Cont.) was declared carried by voice vote. 9:03. P. M. Motion, as presented by Mr. Taylor, carried unanimously. 9:04 P. M. Article 3. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school., play- ground, street and other pubUc.purposesall or any part of a parcel of land extending -northerlyfrom the northerly terminus of that portion of Stedman Road that was accepted as a public way on September 28, 1931, said land being shown on a plan entitled "Plan -- Showing Proposed Taking of a Portion of Stedman Road Land in Lexington, Mass.", dated December 2,. 1970, Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Surveyors; and to raise and appropriate therefor the sum of $200.00. Carried Unanimously 9:05 P. M. Article 4. Presented by Robert Cataldo. MOTION: That the additional sum of $175,000.00 be appropriated to be used in conjunction with the money appropriated under Article 74 of the' Warrant for. the 1968 Annual Town Meeting for the installation of a sewer main or mains in such locations as the Selectmen may determine from the vicinity of Hamilton Road to the Metropolitan District Commission- sewer line in Lexington, for the enlargement,, alteration, replacement or reconstruction of the North Lexington pumping- station and the equipment therein, and the acquisition of land or interests therein necessary therefor, and that pay- ment thereof be provided by raising the sum of $75,000.00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of $100,000.00, and that the. Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100,000.00 under General Laws., Chapter 44, Section 7, Clause (1) , andtoissue bonds or notes of the Town payable within three years from their dates, provided that the total borrowing authorized hereby shall be reduced by the amount by which the total of any Federal and State construction grants obtained for the purpose of carrying out the projects and payments to the Town by the Town of Bedford and the United-States Air Force, if any, representing their shares of the costs of said projects, exceeds the sum of $550,000.00. authorized to be borrowed under said Article 74.. - Carried Unanimously 9:18 P. M. Article 5. Presented by Robert Cataldo. MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 4. of ARTICLE. XXV and inserting in place thereof a new Section 4.. to read as follows: Section 4. No person shall fire or discharge any rifle, shotgun; air rifle, or pistol on or across any land within the confines of the Town, but this section shall not prevent the use of such firearms in the -- lawful defense and protection of one's person or other human being or property, nor shall it apply to veterinarians in the practice of their profession nor in the performance of any- duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges duly approved by the Chief of Police, nor to the discharge of blank ammunition if otherwise lawful. 9:19 P. M. 227 Article 5. Mr. Cataldo stated that this article was inserted in (Cont.) the warrant at the request of the. Hunting Committee. 9:22 P. M. John J. Seitz moves to amend the proposed new Section 4 by inserting, following the word "duties", the phrase: " , nor to the general public for organized shooting sports" 9:29 P. M. The Moderator called a recess at 9:33 P. M. The meeting was called to order by the Moderator at 9:38 P. M. Article 5. John J. Seitz withdraws his amendment as offered (Cont.) above. 9:38 P. M. John J. Seitz offers a second amendment to replace his withdrawn amendment. Mr. Seitz moves to amend the proposed new Section 4 by inserting, following the word "practice" , the phrase "by the Police Department and the general public" 9:39 P. M. Mr. Seitz's second amendment declared carried by voice vote. 9:40 P. M. Main motion, as amended, (shown below) declared carried by voice vote. 9:40 P. M. Article 5, as amended, now reads: MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 4 . of ARTICLE XXV and inserting in place thereof a new Section 4 . to read as Approved follows: by Attorney Section 4. No person shall fire or discharge any General rifle, shotgun, air-rifle or pistol on or across any Robert H. land within the confines of the Town, but this section Quinn shall not prevent the use of such firearms in the February 3, lawful defense and protection of one's person or other 1971 human being or property, nor shall it apply to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice by the Police Department and the general public upon ranges duly approved by the Chief of Police, nor to the discharge of blank ammunition if otherwise lawful. Carried by voice vote. 9 :40 P. M. Article 6. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $4,000.00 for Account No. 4100 Fire Department — Personal Services to be expended, in conjunction with and in addition to amounts authorized under Chapter 44, Section 13, of the General Laws, for firemen's salaries prior to the time of making the 1971 annual appropriation therefor. 9:40 P. M. Town Manager, Walter C. O'Connell, explains that because of the new law that required firemen to be paid time and one half for overtime and the shorter work week it is necessary for this additional appropriation. 9:45 P. M. Motion, as presented by Mr. Cataldo, declared carried by voice vote. 9:50 P. M. 228 Article 7. Presented by Robert Cataldo. MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 2. of ARTICLE III and inserting in place thereof a new Section. 2. to read as follows: Section 2. The warrant for a town meeting shall Approved be served by posting a printed copy thereof in the b Town Office Building and in a public place in each of Attorney the precincts of the Town and also by sending by mail, General postage prepaid, not less than seven days before the Robert H. time stated in the warrant for holding such meeting, Quinn a printed copy of such warrant addressed to each February 3, dwelling house and to each dwelling unit in multiple 1971 dwelling houses_, apartment buildings or other buildings in the Town. — Carried by voice vote. 9:50 P. M. Article 8. Presented by Erik Lund. MOTION: To amend the Zoning By-Law as set out in Article 8 of the Warrant for this Town Meeting, excepting only that in each numbered paragraph set forth in part A. thereof the map number shall be inserted after the words "Zoning District Map" and shall be deleted from the title of the map, for example, paragraph. 22.31 shall read: 22.31 A district on the southwesterly side of Massachusetts Avenue as shown on Zoning District Map No. RT-1 entitled "RT TWO FAMILY DWELLING (Approved DISTRICTS"., designated thereon 22..31. by 9:55 P. M. Attorney General, (Article 8 as set forth in the Warrant for this Town Robert H. Meeting: Quinn, March 18, To see if the Town will vote to amend the Zoning By-Law 1971. ) as follows: — A. By deleting the text of subsections 22.3, 22.4, 23.1, 23.2, 23.3, 23.4, 23.6, 23.7 and 23.9 and by deleting the narrative descriptions of the zoning districts in paragraphs- 22..31, 22.32, 22.33, 22.41., 22.42,- 22.43, 22.44, 22.45, 22.46, 23.11, 23.12,- 23.13, 23.14, 23.15, 23.16, 23.17, 23.18, 23.19,23.21, 23.22,. 23.31, 23.32,. 23.41, 23.42, 23.61, 23.62,. 23.63, 23.64, 23.65, 23..66, 23.67, 23.68, 23.71, 23.72, 23.73, 23.74 , 23.75, 23.76, 23.77, 23.78, 23.79, 23.80, 23.81, 23.82, 23.83, 23.84,. 23.85, 23.86, 23.91, 23.92,. 23.93, 23.94, 23.95, 23.96, 23..97, by inserting in- place thereof the new text as set forth below for each of said subsections and paragraphs and by adopting and incorporating as a part of the Zoning Map the Zoning District Maps designated in said paragraphs setforth below and on file in the office of the. Town Clerk, said subsections and paragraphs to read as follows: 22..3 RT - two family dwelling districts are as follows: 22.31 A district on the southwesterly side of Massachusetts Avenue as shown on Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1:' , desig- nated thereon. 22.31. 22.32 A district on the southwesterly side of Massachusetts Avenue as shown on the Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1:' , designated thereon 22.32. Article 8. 22.33 A. district between the_ northeasterly line of (Cont.) Massachusetts Avenue andthe railroadright-of-way as shown on the Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1T , designate& thereon 22.33. 22..4 RM - multi-family dwelling districts are as follows: 22..41 A district at the southeasterly corner of Massachusetts. Avenue and Woburn Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1." , designated thereon. 22.41. 22..42.. A district on the southerly corner of Waltham Street and Worthen Road as shown on the Zoning District r- Map entitled "RM GARDEN APARTMENT DISTRICTS RM-2. ", designated thereon 22.42.. 22.43 A district on the southeasterly side of Maple Street at Emerson Road as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1." , designated thereon 22.43. 22.44 A district on the southerly side of Worthen Road between Massachusetts Avenue and Bedford Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3. " , designated thereon 22.44... 22..45 A districton the southwesterly side of ShirleyShirriTStreet as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3." , designated thereon. 22.45. 22.46 A district off Winthrop Road southeasterly of Waltham Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT .DISTRICTS RM-4.", designated thereon 22.46. 23.1 CR - office and research park .districts are as follows: 23.11 A district on the northeasterly side of the Cambridge-Concord Highway (Route. 2) on both sides of Spring Street as shown on the Zoning District Map entitled "CR OFFICE, AND RESEARCH PARK DISTRICTS CR-l." , designated thereon 23.11. 23.12 A district on the westerly side of Wood Street as shown on the Zoning Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-2." , designated thereon 23.12. 23.13 A district at the southwesterly side of Marrett Road west of the Northern Circumferential Highway (Route 128) as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-3. " , designated thereon 23,13. 23.14 A district on the southeasterly side of the Route 128. - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-4," , designated thereon 23.14 . 23.15 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. "., designated thereon. 23.15. 23.16 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. " , designated thereon 23.16. 23.17 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5.", designated thereon 23.17. 230 Article 8. 23.18- A. district on the northerly side of. Hayden (Cont.) Avenue as shown on the Zoning District. Map entitled "CR OFFICE AND RESEARCH PARKDISTRICTS CR-5.", designated thereon 23.18. 23.19 A district on the southwesterly side of the Route 128 - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-6. " , designated thereon 23.19. 23.2 CH - hotel, office and research park districts are as follows: 23.21 A district on the southwesterly side of I] Bedford Street between Route 128 and Hartwell Avenue as shown on the Zoning District Map entitled "CH HOTEL, OFFICE AND RESEARCH PARK DISTRICT CH-l. ", designated thereon 23.21. 23.22 A district on the westerly side of the Northern Circumferential Highway (Route 128) and the northeasterly side of Marrett Road as shown on the Zoning District Map entitled "CH HOTEL, OFFICE AND RESEARCH PARK DISTRICT CH-2. " , designated thereon 23.22.. 23.3 CM - manufacturing and research park districts are as follows: - - 23.31 A district between the northwesterly side of the Northern Circumferential Highway and Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING. AND RESEARCH PARK DISTRICT C-M-i. " , desig- nated thereon 23.31. 23.32 A district northwesterly of Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING AND RESEARCH PARK DISTRICT CM-l. " , designated thereon 23.32.. 23.4 CO - office districts are as follows: 23.41 A district on the easterly side of Waltham Street as shown on the Zoning District Map entitled "CO OFFICE DISTRICTS CO-1. " , designated thereon 23.41. 23.42 A district on the northwesterly side of Worthen Road as shown on the Zoning District Map entitled "CO. OFFICE DISTRICTS CO-1: , designated thereon 23.42.. 23.6 CN - neighborhood businessdistrictsare as follows: 23.61 A district on the easterly side of Bedford Street between North Hancock Street and Harding Road as shown on the Zoning District Map entitled "CN NEIGHBOR- HOOD BUSINESS DISTRICT CN-1.", designated thereon 23.61. 23.62 A district on the northerly side of Marrett Road as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICT CN-1." , designated thereon 23.62.. 23.63 A district at the northeasterly corner of Lincoln and School streets as shown on the Zoning District `- Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-2..", designated thereon 23.63. 23.64 A district at the southwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3." , designated thereon 23.64.. 1 231 Article 8 . 23.65 A district at the southeasterly corner of Wal- (Cont. ) tham street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3. ", designated thereon 23.65. 23.66 A district on the westerly side of Bedford Street as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESSIDISTRICTS CN-4 . " , designated thereon. 23.66. •23.67 A district on the northeasterly side of Bedford Street north of the Boston and Maine Railroad as shown on the Zoning District Map entitled"CN NEIGHBOR- ! ' HOOD BUSINESS DISTRICTS CN-2. " , designated thereon 23.67. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3. " , designated thereon 23.68. 23.7 CG - general business districts are. as follows: 23.71 A district on the southwesterly side of Massachusetts Avenue northwesterly of the Arlington line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1. " , designated thereon 23.71. 23.72 A district on the easterly side of Massachusetts Avenue and the southerly line of Curve Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1." , designated thereon 23.72. 21.73 A district at the southwesterly corner of Massachusetts Avenue and Independence Avenue as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1.", designated thereon 23.73. 7— 23.74 A district on the northeasterly side of Bedford Street southwest of the. Boston and Maine Railroad as shown on the Zoning, District Map entitled "pc GENERAL BUSINESS DISTRICT -C -2.." , dedignated thereon 23.74 . 23.75 A district on the southwesterly side of Bed- ford Street between the railroad right of way and the North Lexington Brook as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-3.", designated thereon 23.75. 23.76 A district at theynortheasterly corner of Marrett Road and Waltham. Street as shOWn on the Zoning District Map- entitled "CG GENERAL. BUSINESS DISTRICT CG-4. ", designated thereon- 23.76 . 21.77 A district at the southeasterly corner of Marrett Road and Waltham Street As Shown on the Zoning DistrictMapentitled "CG GENERAL BUSINESS DISTRICT CG-4." ; designated thereon 23;77. 23;78 A district at the southwesterly corner of Marrett Road and WAlthamiStreet as shown. on the Zoning District- Map entitled "CG GENERAL BUSINESS DISTRICT CG-4. " , designated thereon 23.78. 23.79 A district at the westerly corner of Marrett Road and Spring Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-5. " , Aesignated thereon 23.79. 23.80 A district at the southeasterly corner of Lin- coln Street and Marrett Road as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-6." , designated thereon 23.80. 232 Article 8. 23.81 A district at thenortheasterly corner of (Cont.) Fletcher Avenue and Woburn Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9. ", designated thereon 23.81. 23.82 A district at the- junction of Lowell Street and North Street as .shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-7. ", designated thereon. 23.82.. 23.83 A district at the southwesterly- corner of Lincoln Street and Marrett Road as shown on°the- Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-6.", designated thereon 23.83. 23.84 Districts at the junction of Woburn and Lowell Streets as shown on the Zoning- District Map entitled "CG GENERAL. BUSINESS DISTRICT CG-8. ", designated thereon 23.84. 23.85 A district at tie northwesterly corner of Marrett Road and Waltham Street as, shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4.", designated thereon 23.85. 23.86 A district on the easterly side of Waltham Street at Waltham line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9.", designated thereon 23.86. 23.9 CB - central business districts are as follows: 23.91 A district on the northwesterly side of Massachusetts Avenue northwest of the Arlington line as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-1." , designated thereon 23.91. 23.92 A district on the southwesterly side of Massachusetts Avenue between Waltham and Muzzey streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2.", designated thereon 23.92. 23.93 A district on the southwesterly side of Massachusetts. Avenue northwest of Muzzey Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2. " , designated thereon 23.93. 23.94 A district on the northeasterly side of Massachusetts Avenue between GrantandMeriam streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2." , designated thereon 23.94. 23.95 A district on the southwesterly side of Bedford Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3.", designated thereon 23.95. 23.96 A district between the northeasterly side of Bedford Street and the Boston and MaineRailroad as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3. " , designated thereon 23.96. 23.97 A district on the southwesterly side of Massachusetts Avenue southeast of Waltham Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT .CB-2.." , designated thereon 23.97. 233 Article 8. B. By deleting the text of SECTION 10 thereof and (Cont.) inserting in place thereof a new SECTION 10. to read as follows.: SECTION 10. For the purposes set forth in General Laws, Chapter 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143, and any other enabling laws, the inspection, materials, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts and other open spaces, and the use of land in the Town of r- Lexington are hereby regulated as herein provided, and the. Town is divided into districts, as hereinafter defined or referred to and shown on the Zoning District Maps and on the Zoning Map of the Town of Lexington. prepared by the Planning Board- and on file in the office of the Town Clerk, which Zoning District Maps and Zoning Map are hereby made a part of this By-Law.. . Said Zoning District Maps and Zoning Map may be revised from time to time by the Planning Board to show the location and boundaries of zoning districts, as voted or amended by the Town, and by addition, deletion or modification of geographical features to keep the maps reasonably current and to facilitate orientation. C. By deleting the text of subsection 14.3 and inserting in place thereof a new subsection 14.3 to read as follows: 14.3 Any deletion, addition or change in the locat of n or boundaries of a zoning district made through the amendment of this By-Law shall be indicated by the alteration of the aforesaid Zoning District Maps and Zoning Map, and the maps thus altered are declared to be a part of this By-Law thus amended. A vote of the Town adding a zoning district or changing or redefining r7 the boundaries thereof made in the form of a verbal description shall be incorporated in this By-Law in graphic form by addition to or alteration of the Zoning District Maps and the Zoning Map, but any delay or error in altering or preparing the Zoning District Maps and the Zoning Map, or a failure to alter or prepare said maps, shall not postpone or otherwise affect the effectiveness of any amendment. D. By deleting the text of Section 21 and inserting in place thereof a new Section 21 toread as follows: SECTION 21. In the .event of any discrepancy between the boundaries of the districts as shown on the Zoning Map, including the Zoning District Maps, or as hereinafter described, and the description in the vote- of the town meeting establishing or amending said boundaries, the vote of the town meeting shall govern.) Albert S. Richardson, Jr. serves notice of reconsideration of Article 6. 9:58 P. M. Article 8. Erik Lund states that the Planning Board unanimously (Cont. ) favors passage of this article and files the Planning [- Board Report covering Article 8. 9:57 P. M. The motion, offered under Article 8 by Erik Lund, declared carried unanimously. 9 :59 P. M. Article 9. Presented by Robert Cataldo. MOTION: That. the Town accept a gift .in the amount of $300.00 under the will of Georgie Burr Smithfor the perpetual care and maintenance of the. Hendley, Burr and Dunning cemetery lot in the Munroe Cemetery in Lexington. Carried Unanimously 10 P. M. 34 Article 10. Presented by Robert Cataldo. MOTION: That the Town accept a gift in the amount of $1,500.00 under the will of Katharine Harrington to establish a seedling Town Forest, the donor's expressed wish having been that, if practical.., it is to be planted and maintained by Junior or Senior High School students. Carried Unanimously 10:05 P. M. Article 11. Presented by Otis S. Brown, Jr. MOTION: To amend the Lexington Zoning By-Law by adding tothe enumeration of uses in paragraph. 25.24. of Section 25. -thereof in the column entitled "Use Desig- -� nation" the following: "Indoor or outdoor Tennis Clubs" 10:06 P. M. Permission was granted-to. Thomas Swaim to .address the meeting concerning this article. 10:07 P. M. Mr. Swaim represented William Potter of 21 Fair Oaks Terrace the main proponent of this article. 10:14 P. M. Allen Lee Whitman,. Jr. serves notice of reconsideration of Article 10. 10:15 P. M. Article 11. Eric Lund moves that Article 11 subject matter be (Cont.) referred to the Planning Board. (*See below for exact 10:16 P. M. motion) Mr. Lund files the Report of the Planning Board. 10:17 P. M. Mr. Lund's motion to refer the subject matter of Article 11 to the Planning Board was declared -w carried by voice vote. 10:21 P. M. (* Exact motion as presented by Mr. Lund: "The Planning Board moves that the subject matter of Article 11 be referred to the Planning Board for inclusion in a study of commercial recreational facilities in residential areas, the Planning Board to report to the Town Meeting not later than the 1972 Annual Town Meeting.) Carried by voice vote. 10 :21 P. M. Article 12. Presented by Norman J. Richards. MOTION: That the Zoning By-Law be amended- by adding at the end of subsection 22.5 thereof entitled "RH - Subsidized Housing Districts." in proper numerical sequence the following new paragraph: 22.51 A district at the Eastern terminus of Clematis Road, five hundred and fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street, containing twenty one and 80/100. (21.8) acres, more or less, and being bounded and described as follows: Beginning at a point in the Southerly side line of Clematis Road, five hundred fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street thence northerly across Clematis Road to land now or formerly of Lawrence and. Dorothy C. Covert; thence easterly by said Covert land seventy (70)- feet; thence Northeasterly by said Covert land nine hundred fifteen (915) feet to land of the Town of Lexington; thence Easterly by land of said Town two hundred thirty eight (238) feet to other land of the Town of Lexington; thence Southerly 235 Article 12. and Easterly in an arc by land of the said Town fifteen hundred and thirty two. (1532) feet to. (Cont.) other land of the Town of Lexington; thence South- westerly partly by land of the Town of Lexington and partly by land now or formerly of Albert & Harry D.eVincent three hundred five (305) feet to land now or formerly of Charlotte Sanderson; thence Northwesterly by land of said Sanderson five hundred forty (540) feet; thence Southwesterly by said land of Sanderson two hundred thirty five (235) feet to land now or formerly of Curleys L. Slocum, Jr. et al; thence Northwesterly by land of said Slocum two hundred fifty (250) feet, thence Northeasterly by land of the Evangelical Covenant Church of Cambridge three hundred forty five (345) feet; thence Northwesterly by land of said Evangelical Covenant Church of Cambridge three hundred eighty (380) feet; thence Northeasterly by the land of said Evangelical Covenant Church of Cambridge one: hundred-seventy (170) feet to the point of beginning; all said distances being more or less. All as shown on a plan entitled "Plot _ Plan Showing Area Proposed to be. Rezoned in Lexington, Mass. " dated Oct. 23, 1970, Albert A. Miller - Wilbur C. Nylander, Civil Engineers & Surveyors. 10:25 P. M. Herbert W. Eisenberg, Chief Architect of the project, shows slides. 10:39 P. M. Erik Lund, Chairrtitan of the Planning Board, states that the Planning Board unanimously favors this proposal, and files the Planning Board Report. 10:48 P. M. Paul B. West moves that this article be re- committed to the Planning Board for further study. 10:52 P. M. L Mr. West's motion to recommit this article to the Planning Board declared lost by voice vote. 11:02 P. M. Mary McKinney, President of the League of Women Voters, speaks for the League in favor of this main motion. 11 :15 P. M. Wilbur E. Cheever moves the previous question. Standing vote on Mr. Cheever's motion as follows: In Favor Tellers Opposed -22 Logan Clarke, Jr. 14 15 Robert M. Gary 26 30 Joseph 0. Rooney 13 24 Homer J. Hagedorn 27 91 80 Previous question carried. 11:25 P. M. Lloyd S. Beckett, Jr. moves for a roll call vote 7- on the main question. Voice vote doubted on this motion, so a standing vote taken as follows: In Favor Tellers Opposed 18 Logan Clarke, Jr. 16 15 Robert M. Gary 24. 6 Joseph O. Rooney 36 11 Homer J. Hagedorn 39 50 115 Motion for a roll call vote on the main motion lost. 11:40 P. M. 236 Article 12. Standing vote on main motion, as presented by Norman J. (Cont.) Richards, taken as follows: In Favor Tellers Opposed 29 Logan Clarke, Jr. 7 34 Robert M. Gary 8 15 Joseph 0. Rooney 28 29 Homer J. Hagedorn 21 107 64 Less than the required two-thirds having voted in the affirmative, Article 12 is defeated. 11:43 P. M. Article 13. Presented by William E. Maloney, Jr. MOTION: To vote to authorize the Conservation Commission to purchase or otherwise acquire and authorize the Selectmen to convey, for conservation purposes as provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest in all or any part' of the land now owned by the Town of Lexington- by Tax Title or otherwise, located southeasterly of the Northern Circumferential Highway (Rte. 128) , south- westerly of the Boston and Maine Railroad, north- westerly of Garfield Street and northeasterly of the Pine Meadows Golf Club, (commonly known as the Meagherville area) , appropriate $350.00 therefor by transfer from available funds. 11:45 P. M. Permission granted to Anthony Mancini to speak. 11:50 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 12. 11:54 P. M. Article 13. Martin I. Small moves for indefinite postponement (Cont.) of Article 13. 11:54 P. M. Howard M. Kassler, speaking for the Conservation Commission, speaks in favor of indefinite postponement. 11:56 P. M. Standing vote on the motion to indefinitely postpone taken as follows: In Favor Tellers Opposed 34 Logan Clarke, Jr. 1 44 Robert M. Gary 0 44 Joseph 0. Rooney 0 44 Homer J. Hagedorn 5 166 6 The motion to: indefinitely postpone Article 13 is declared carried. 12:03 A. M. Haskell W. Reed moves that the meeting be dissolved. 12 :04 A. M. Standing vote on dissolution of meeting taken as follows: .-- In Favor Tellers Opposed 8 Logan Clarke, Jr. 27 15 Robert M. Gary 26 33 Joseph 0. Rooney 10 28 Homer J. Hagedorn 22 84 85 The motion to dissolve the meeting declared lost. 12:07 A. M. 2837 Eric T. Clarke moves for reconsideration of Article 12. 12;08 A. M. Standing vote on the motion to reconsider Article 12 taken as follows: In Favor Tellers Opposed 29 Logan Clarke, Jr. 8 31 Robert M. Gary 12 10 Joseph O. Rooney 32 26 Homer J. Hagedorn 24r- . 96 76 Motion to reconsider Article 12 declared carried. 12:10 A. M.- Article 12.. After general discussion, Alfred S. Busa moves the previous question which was declared carried by voice vote. 12:27 A. M. Standing vote on main motion, as presented by Norman J. Richards, taken as follows: In Favor Tellers Opposed 29 Logan Clarke, Jr. 7 33 Robert M. Gary 8 17 Joseph O. Rooney 27 . 29 Homer J. Hagedorn 21 108 63 Less than the required two-thirds having voted in the affirmative, the main motion offered under Article 12 is defeated. 12:29 A. M. Robert Cata.ldo, Chairman of the Board of Selectmen, moves that r- the meeting be dissolved. Carried Unanimously 12:30 A. M. --*LT U Mary R. McDonough, Town Clerk Franklin G. Hudson and Nancy D. Hudson, 58 Laconia Street, resigned as Town Meeting Members in Precinct One as of February 8, 1971. 238 (WARRANT FOR ANNUAL TOWN MEETING - See Warrant Book) ANNUAL TOWN MEETING March 1, 1971 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March the First in the year of our Lord nineteen hundred and seventy-one at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Henry P. Meade Margaret S. Magner Inspector Ida B. Fisk Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezzola Edna R. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Dolores M. Swan Inspector Edna F. Marshall Helen Rooney Inspector Rose J. Grant Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey Margaret S. Wilson Inspector Sally S. Hooper Mary F. Irwin inspector Mary V. Spencer Mary C. Casey Inspector Florence M. Downe The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,991 (Twenty-nine hundred, ninety-one) Precinct Two 2,671. (Twenty-six hundred, seventy-four) Precinct Three 2,508 (Twenty-five hundred, eight) Precinct -Four 2,495 (Twenty-four hundred, ninety-five) Precinct Five 2,815 (Twenty-eight hundred, fifteen) Precinct Six 2,602 (Twenty-six hundred, two) Total 16,085 (Sixteen thousand, eighty-five) Reconciliation sheets were delivered to the Town Clerk at her office. The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 1,34.0 (Thirteen hundred, forty) Precinct Two 1,277 (Twelve hundred, seventy-seven) Precinct Three 1,286 (Twelve hundred, eighty-six) Precinct Four 1,206 (Twelve hundred, six) Precinct Five 1,4.51 (Fourteen hundred, fifty-one) Precinct Six , 1,102 (Eleven hundred, two) Total 7,662 (Seven thousand, six hundred sixty-two) 239 Pr. 1 Pr.2 , Pr.3 Pr.4 Tr.5 Pr.6 Totals MODERATOR Lincoln P. Cole, Jr. 953 925 1040 939 1007 839 5,703 Blanks 387 352 246 267 41JJ4 263 1,959 Totals , 1340 1277 1286 1206 1451 1102 7,662 Lincoln P. Cole, Jr. elected Moderator for one year. SELECTMEN Roland B. Greeley 469 494 590 562 589 424 3,128 Otis S. Brown, Jr. 426 402 518 462 595 477 2,880 Alfred. S. Busa 715 621 508 412 619 517 3,392 John A. Devine 168 133 139 140 157 149 886 Natalie H. Riffin 536 549 571 619 642 394 3,311 Blanks 366 355 246 217 300 243 1,727 Totals 2680 2554 2572 2412 2902 2204 15,324 Alfred S. Buse and Natalie H. Riffin elected Selectmen for three years. SCHOOL COMMITTEE Vernon C. Page 755 _ 801 857 731 906 748 4,798 Frederick C. Frick 697 687 761 771 813 579 4,308 Martin V. Sussman 638 556 538 498 693 479 3,402 , Blanks 590 510 416 412 490 398 2,816 Totals 2680 2554 2572 2412 2902 2204 15,324 Vernon C. Page and. Frederick C. Frick elected to the School Committee for three years. LEXINGTON HOUSING AUTHORITY - 77 Albert W. Hruby 531 609 702 582 745 549 3,718 L- John J. Seitz 513 369 340 380 460 321 2,383 Blanks 296 299 244 246 232 1,561 Totals 1340 - 1277 1286 1206 1451 1102 7,662 Albert W. Hruby elected to the Lexington. Housing Authority for five years. PLANNING BOARD Thomas F. Costello , 609 669 551 515 579 561 3,484 Frank Sandy 556 487 578 580 705 410 3,316 Blanks 175 121 157 111 167 131 862 Totals 1340 1277 1286 1206 1451 1102 7,662 Thomas F. Costello was- elected to the Planning Board- for five years. QUESTION NUMBER ONE Shall the town, in addition to the payment of fifty percent of a premium for contributory group life and health insurance for ' employees in the service of the town and their dependeptp, pay. a subsidiary or additional rate? Yes 214 180 224 203 219 200 1,240 No 702 667 690 683 741 537 4,020 Blanks 424 430 372 320 491 365 2,402 Totals 1340 1277 1286 1206 1451 1102 7,662 240 _Pr. 1 _ Pr.2 r Pr.3 . Pr.4 -Pr.5 Pr.6 Totals QUESTION NUMBER TWO Shall the town accept the provisions of sections sixteen to sixteen I, inclusive, of Chapter seventy-one of the General Laws, Iroviding for the establishment of a regional vocational-technical school district, to consist of the towns of Arlington, Belmont, Concord, and Lexington, together with such of the towns of Acton, :Boxborough, Carlisle, Lincoln, Stow, Sudbury, Wayland and Weston asrvote to accept such sections, and the construction, maintenance and operation of a regional school by the said district in accordance with the _ provisions of a proposed agreement filed with the Selectmen? Yes 728 716 ?90 761 795 - 59L 4,381 No _222 173 161 165 206 173 1,100 --` Blanks 390 388 335280 450 338 2,181 Totals 1340 1277 1286 1206 1451 1102 7,662 TOWN MEETING MEMBERS - PRECINCT ONE *Lois W, Brown 715 William A. Busa 506 *Sanborn C. Brown 662 John D. Carrigg 295 ::Alfred S. Busa 749 Edwin H. Farr 1.63 *Ralph A. Cataldo 580 *Bernice Manning 535 *Logan. Clarke, Jr. 6O4 *Ruth M. Mitchell - 629 *Robert H. Farwell 522 Barry E. Sampson 4 393 *Paul J. MacKenzie 620 Sam Silverman , 377 *William E. Maloney, Jr.582 Martin V. Sussman 588 Joseph P. Marshall 445 Bernice 0. Weiss 461 *Elected for three years. TOWN MEETING MEMBERS^ - PRECINCT TWO Van T. Boughton, Jr. 401 ::Shirley A. Byrne 458 *Elizabeth H, Clarke 557 Nicholas A. Cannalonga 163 *Frederick C. Frick 622 **Frederic D. Corazzini . 422 1 .Francis G. Fuery 504 *Thomas F. Costello 470 -- Milton L. Gould 334 Thomas J. Costello 358 *Melvin G. Holland 475 William F. Delay 395 Eric B. Kula 301 John W. Grabski 335 - ::Vernon C. Page ?32 Ronald B, Jackson 185 Thomas G. Taylor 418 *Roy J. Murphy , 467 *Mary Louise Touart 474 Vincent Vitto _ 332 William M. Aitken 232 William S. Widnall 148 J.Harper Blaisdell,Jr. 386 *Donald D. Wilson 669 *Philip N, Bredesen 467 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT THREE *Hugh M. Chapin 606 *Jane E. Berchtold 529 *John F, Downey, Jr. 615 **Richard W. Bush , 508 *Herbert W. Eisenberg 538 *Stephen S. Clark 545 *Ernest A. Giroux 626 Carolyn R. Goblick 356 Mark Lichtenstein 479 Arthur M. Heard 457 ::H. Bigelow Moore 629 John H. Martis 470 *Frank T. Samuel 558 Doreen D. Masse 505 *Donald B. white 609 *Paul A, Plasse 537 .:Charles A. Winchester 535 Warren Roberts 355 *Elected for three years. �... **Elected for two years. 1 24t TOWN MEETING MEMBERS - PRECINCT FOUR ~Arthur T. Bernier 6 .0 Nyles Nathan Barnert 1.80 *Otis S, Brown, Jr. 718 Raymond M. Carberry 290 *Richard K. Eaton 645 **William J. Dailey, Jr.529 *Cellen S. Fowle 589 *Dan H. Fenn, Jr. 623 Malcolm R. Gavin 1: 90 Erna S. Greene 1415 *Lilah H. Groisser 511.1 *Irving H. Mabee 578 **Walter T. Kenney, Jr. 504. Stephen I. Owren 195 *Erik L. Mollo-Christensen 611.7 ::Margaret F. Rawls 593 *Natalie H. Riffin 720 C. Scott Skerry, Jr. 359 rm ::Paul V, Riffin 619 *Elected for three years. **Elected for one year. TOWN MEETING MEMBERS - PRECINCT FIVE *Lloyd S. Beckett, Jr. 637 M. Chandler Crocker,II,529 *Levi G: Burnell 603 Emily W. Frankovich 4914. *John T, Harvell - ; 801 Barron. F. Graf 250 ::::William A. Melbye, Jr. 568 Kenneth Paul Kelley,Jr. 291 Robert E. Meyer 520 _ David A. Lavender 521 *Charles E. Parks 608 *Anthony L. Mancini 671 *Francis W. K. Smith 663 *Wendy S. Pease 662 *Robert V. Whitman 629 *Frank L. Shunned 631.E Harley H. Anderson ' 1111 „Mary E. Shunney 6211. *Renee T. Cochin 574 *Elected for three years. ` " **Elected for two years. TOWN MEETING MEMBERS - PRECINCT SIX *James E. Brown 1. 32 Curt Balchunas 249 *John R. Holt 458 Donald H. Bates 303 r- ::Donald K. Irwin 1182 *Jane P. Buckley 14.29 **James L. Jones 378 Joan N. L. Collins 362 *Erik Lund 506 Nancy F. Earsy 327 *Garry Margolius 388 Robert M. Hurley 331 *Paul E. Mazerall 494 *Pau]. B. Lloyd 1.06 *George R. Medeiros 481 Eugene F. Marckini 167 Burt E. Nichols 321 Norma G. McGavern 323 *William Spencer Sullivan 378 *Mark Moore, Jr. 521 Stanley E. Toye 321 *George S. Silverman 393 *Elected for three years. **Tie. Special election March 15, 1971 to determine the one year term. *3,11,, Town Clerk 242 Natalie H. Riffin, 6 Field-Road, resigned as a Town Meeting Member in Precinct Four as of March 2, 1971. Malcolm R. Gavin, 214. Normandy Road, was moved up, _and has accepted Town Meeting Membership in Precinct Four as of March. 5, 1971, filling the vacancy caused by the resignation of Mrs. Riffin. Term expires in March 1972. William A. Busa, 38 Circle Road, was moved up, and has accepted Town Meeting Membership in Precinct One as of March L , 1971; filling the vacancy caused by the resignation of Nancy D. Hudson, 58 Laconia Street. Term expires in March, 1972. Edwin H. Farr, 1433 Massachusetts Avenue, was moved up, and has accepted Town Meeting Membership in Precinct One as of March 5, 1971, filling the vacancy caused` by the resignation' of Franklin D. Hudson, 58 Laconia Street. Term expires in March, 1972. Douglas T. Ross, 33 Dawes Road, resigned as a Town^Meeting Member in Precinct Two as of March 9, 1971. Thomas G. Taylor, 61i. Marrett Road, was moved up, and has accepted Town Meeting Membership in Precinct two as of March 11, 1971, filling the vacancy Caused by the resignation of Mr. Ross. Term expires in March, 1972. Phyllis E. Thomas, 55 Ivan Street, resigned as a Town Meeting Member in Precinct Five as of March 11, 1971. M. Chandler Crocker II, 138 Reed Street, was moved up, and has accepted Town Meeting Membership in Precinct Five as of March 12, 1971, filling the vacancy caused by the resignation of Mrs. Thomas. Term expires in March, 1972. 243 SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT SIX MARCH 15, 1971 At the Annual Town Election held March 1, 1971 James L. Jones and William Spencer Sullivan received 378 votes each for Town Meeting. Member from Precinct Six, therefore creating a tie. A special election of town meeting members from Precinct Six ONLY was held Monday, March 15, 1971 at 7 :30 P. M. in the Town Clerk' s Office to determine who would fill the vacancy until the _ Annual March Election in 1972. There were 23 town meeting members from Precinct Six present. Chairman of the meeting: James M. McLaughlin Secretary of the meeting: StephenMichaelPoliti A secret ballot was taken - results as follows: James L. Jones 9 William Spencer Sullivan 14 William Spencer Sullivan was elected Town Meeting Member from Precinct Six until the Annual March Election in 1972._ 1 Mary R. McDonough, Town Clerk .I . ` 244 ANNUAL_TOWN. mmit.T.LAGEELD,MARCH 15-, 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :01 P. M. at the Cary Memorial Hall. There were 198 Town Meeting Members present. The invocation was- offered by Rev. Henry H. Clark, Pastor of the Hancock UnitedChurchof Christ. 8 :03 P. M. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived. 8 :04 P. M. The Town Clerk read the Constable' s Return of the warrant. 8 :04 P. M. Article 2. Edward E. Furash moves that the Report of the Appro- priation Committee be accepted and placed on file. 8 :05 P. M. Mr. Furash, Chairman of the Appropriation Committee, states that if the- recommendations of his committee are followed, the estimated tax rate would be $64.00. The motion, as presented by Mr. Furash, to accept the Report of the Appropriation was carried unanimously. 8:08 P. M. Carl Blake movesthat the Report of the Capital Expendi- ture Committee and the Supplemental Report of said committee-be acceptedand placed on file. Carried Unanimously 8 :08 P. M. Vernon C. Page moves that the Final Report of the Lexington Vocational Technical Regional School District Planning Committee 'be accepted and placed on file. Carried Unanimously 8 :08 P. M. Robert Cataldo moves that the report of the Town Manager, Walter C. O'Connell, covering the status of previous Town Meeting Articles be accepted and placed on file. Carried Unanimously 8 :08 P. M. William R. Whalon moves that the Report of Regional Refuse Disposal Planning Committee be accepted and placed on file. Carried Unanimously 8 :10 P. M. Article 3. Presented by Robert Cataldo. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8 :10 P. M. Article 4. Presented by Robert Cataldo. MOTION: That the following amounts be appropriated for the current year and be raisedinthe current tax levy except where a transfer is indicated they shall be provided by such a transfer. Selectmen's Department #1000 Personal Services $ 31,091.00 1050 Expenses 7,075.00 8 :13 P. M. 1 2 4 5 Article 4. Town Manager's Office (Cont.) #1060 Personal Services 32,025.00 1065 Expenses 2,250.00 8 :13 P. M. Town Manager's Jurisdiction 1075 Clerical Labor Pool 15,000.00 1125 Fire & Police Medical 500.00 1130 Guides Director 1,000.00 1135 Out-of-State Travel 3,500.00 1140 Training .& Travel - Out-of-State 1,575.00 r- 1142 In-State Travel 3,800.00 8 :13 P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services 10,700.00 8 :13 P. M. Town Clerk' s Department 1150 Personal Services 32,371.00 1200 Expenses 879.00 1250 Vital Statistics 550.00 8 :24 P. M. Trustees of Public Trusts 1450 Expenses 500.00 8 :24 P. M. Board of Appeals 1500 Personal Services 6,316.00 7- 1550 Expenses 1,700.00 8 :25 P. M. Planning Board 1600 Personal Services 25,287.00 1650 Expenses 4 ,120.00 8 :25 P. M. Insurance 1700 Group 145,000.00 1750 Municipal Property & Workmen's Comp. 126 ,000.00 8 :25 P. M. Printing Town Report 1760 Expenses 6,150.00 8 :25 P. M. Law Department 1775 Fees 33 ,000.00 1800 Expenses 5,000.00 8 :25 P. M. Elections 1900 Jurisdiction Selectmen 12,600.00 1950 Jurisdiction Town Clerk 3 ,575.00 8 :25 P. M. Board of Registrars 2000 Personal Services 5,597 .00 2050 Expenses 4,975.00 8 :26 P. M. 246 Article 4. Appropriation Committee (Cont. ) #2250 Expenses $_ 3,500.00 8 :26 P. M. Capital Expenditures Committee 2300 Expenses 150.00 8:26 P. M. Standing School Building Committee 2350 Expenses 200.00 8 :26 P. M. Permanent Building Committee 2360 Expenses 500.00 8 :26 P. M. Town Celebrations Committee 2400 Expenses 5,900.00 8 :27 P. M. Historic Districts Commission 2450 Expenses 1,600.00 8 :27 P. M. Conservation Commission 2460 Expenses 1,250.00 8 :27 P. M. Recreation Committee 2470 Personal Services 50,380.00 2480 Expenses 12,580.00 8 :32 P. M. Treasurer's Department 2500 Personal Services 15,732.00 2525 Expenses 680.00 2575 Foreclosure & Redemption 1,500.00 8 :33 P. M. Collector' s Department 2650 Personal Services 23 ,385.00 2700 Expenses 2,254.00 8 :35 P. M. Comptroller 2800 Personal Services 60,807 .00 2850 Expenses 2,690.00 8 :35 P. M. Comptroller`s' Jurisdiction 2925 Office Machines - Capital Outlay 9,060.00 -� 2930 Office Machines - Maint. & Repair 5,316.00 2935 Office Services - Copier Supplies 2,000.00 2940 Metered Mail 7 ,300.00 8 :36 P. M. Assessors' Department 2950 Personal Services 42,221.00 3000 Expenses 1,785.00 3025 Professional Services 500.00 8 :36 P. M. 247 Article 4 . Health Department (Cont.) #3250 Personal Services 25,532.00 3300 Expenses 11,390.00 3385 Engineering 500.00 3400 Animal Inspection 1,520.00 3450 Rabies Clinic 1,000.00 8 :36 P. M. Health Jurisdiction - Dog Officer 3500 Personal Services 8 ,225 .00 3550 Expenses 2,730.00 8 :37 P. M. Police Department 3750 Personal Services 658 ,958.00 (Of which $6,000.00 is to be transferred from the Parking Meter Fund) 3800 Expenses 72,445.00 3900 Parking Meter Maintenance 3,000.00 (Of which $3;000.00 is to be transferred from the Parking Meter Fund) 8 :42 P. M. Fire Department 4100 Personal Services 609,224.00 James Cataldo moved to amend Account #4100 as follows: MOTION: To strike the figure $609 ,224 .00 in Account No. 4100, and to substitute the figure $664 ,739.00. 8:53 P. M. James E. Brown moves the previous question which was 7 declared carried by voice vote. 9 :10 P. M. The motion to amend Account No. 4100, as presented by James Cataldo, declared lost by voice vote. 9:11 P. M. Fire Department (Cont. ) 4150 Expenses 41,350.00 4200 Ambulance Maintenance 1,250.00 4250 Forest Fires 100.00 9 :11 P. M. Civil Defense 4300 Personal Services 5 ,000.00 4350 Expenses 5,728 .00 4360 Civil Defense - Auxiliary Fire 500.00 9 :12 P. M. Inspection Department 4450 Personal Services 38 ,267 .00 4500 Expenses 1,470.00 9:12 P. M. Public Works Department [7 4900 Personal Services 685,048 .00 9 :12 P. M. Public Works - Sup'ts. Office 4950 Personal Services 71,324.00 5000 Expenses 4 ,000.00 9 :12 P. M. 248 Article 4. Engineering Department (Cont. ) #5100 Personal Services $ 162 ,830.00 5150 Expenses 4 ,750.00 9:13 P. M. Town Offices & Cary Memorial Building. 5200 Personal Services 24,719.00 5250 Expenses 70,000.00 9:14 P. M. Highway Maintenance I] 5400 Expenses 88 ,500.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund) 9 :14 P. M. Road Machinery 5450 Expenses 71,450.00 9:14 P. M. Snow Removal 5500 Expenses 60,000.00 (Of which $2,600.00 is to be transferred from the Parking Meter Fund) 9 :15 P. M. Traffic Regulation & Street Signs 5550 Expenses 10,000.00 9:16 P. M. Street Lights. 5600 Expenses 110,000.00 9:16 P. M. Sewer Maintenance 5700 Expenses 18,500.00 9 :16 P. M. Sewer Services 5750 Expenses 6 ,600.00 9 :16 P. M. Garbage Collection 5800 Contract 84 ,000.00 9:16 P. M. Sanitary Land Fill 5850 Expenses 36 ,700.00 9:16 P. M. Water Maintenance_ & Service 5900 Expenses 36 ,700.00 9:17 P. M. Park 6000 Expenses 28,000.00 9:17 P. M. Insect Suppression 6050 Expenses 1,000.00 9 :17 P. M. 249 Article 4. Shade Tree (Cont.) 6100 Expenses 9,400.00 9:17 P. M. Dutch Elm Disease 6150 Expenses 2,000.00 9:17 P. M. Cemeteries 6350 Personal Services 61,977 .00 (Of which $12,000.00 is to be transferred from the Westview Perpetual Care Fund and $10,400.00 to be transferred from the Westview Sale of Lots Fund.) 6400 Expenses 6,031.00 (Of which $1,500.00 is to be transferred from the Westview Sale of Lots Fund.) 9:21 P. M. Veterans' Benefits 7100 Personal Services 6 ,203 .00 7150 Administration 875.00 7200 Aid & Expenses 55,000.00 9 :22 P. M. Graves Registration 7250 Expenses 350.00 9:22 P. M. Soldiers Burials 7300 Expenses 250.00 9:22 P. M. Cary Memorial Library 7500 Personal Services * 226,982.00 7550 Expenses ** 71,022.00 * $6,922.75 is also available as State Aid to Libraries. ** To which will be added $2,476.74 received from the County-Dog License Fees. 9 :23 P. M. Board of Retirement 7800 Accrued & Normal Liability 180,649.00 7850 Expenses 2,190.00 9 :23 P. M. School Operation 7900 Personal Services * 9,127 ,612.00 7925 Expenses 1,276,831.00 7950 Out-of-State Travel 12,300.00 7960 Vocational Education, Tuition & Trans. 12,120.00 7970 Athletics - 102,490.00 * To which the sum of $462 ,327.00 in available and anticipated P.L. 864 , P.L. 874 , ESEA P.L.89-10, and State METCO funds is to be applied, and the balance is raised and appropriated under this article. 9:24 P. M. 250 Article 4. Edward E. Furash states that the Appropriation Committee (Cont. ) is in favor of the School Budget as presented. 9:27 P. M. Patricia K. Hagedornmoves that further discussion of the School Operation Budget and line items thereunder be postponed until the next session of this Annual Town Meeting. 10 P. M. The Moderator stated that there would be a brief recess. 10 P. M. The meeting was called to order by the Moderator at 10:02 P. M. Edward E. Furash=, Chairman of the Appropriation —` Committee, does not favor passage of the motion as presented by Mrs. Hagedorn.. 10:05 -P. M. The motion, as presented by Mrs. Hagedorn, declared lost by voice vote. 10:25 P. M. After general discussion, Wilbur E. Cheever moves that further discussion of the school budget be dispensed with. Carried Unanimously 10:48 P. M. DEBT Payment 8500 Interest on Debt $ 388,064.00 8525 Interest on Anticipation Loans 100,000.00 8550 Maturing Debt 1,210,000.00 10:48 P. M. Original motion under Article 4,. -as presented by Robert Cataldo, declared carried by voice vote. 10:49 P. M. Article 5. Presented by Robert Cataldo. 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 of the financial years beginning January 1, 1971 and January _1,. 1972_, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44 , Section 4, and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried Unanimously 10:50 P. M. Article 6. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:50 P. M. Article 7. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,303.80 to pay the unpaid bill for prior year of the following account: Health Department - Expenses - Account #3300 Commonwealth of Massachusetts Division of Sanitoria and Tuberculosis Control - $1,303.80 Carried Unanimously 10:50 P. M. 251 Article 8. Presented by Robert Cataldo. MOTION: To appropriate $125,000.00 for the Reserve Fund and to provide for the payment thereof by transfer of $20,000.00 from the Reserve Fund - Overlay Surplus and by transfer of $105,000.00 from the Excess and Deficiency Account. Carried Unanimously 10:51 P. M. Article 9. Presented by Robert Cataldo. MOTION: That the Board of Selectmen be authorized - to petition the Director of Accounts of the State for an audit for the year 1971. Carried Unanimously 10:51 P. M. Article 10. Presented by Robert Cataldo. MOTION: That the sum of $24,300.00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $15,600.00 be raised and appropriated for pensions for retired _members of the Fire Department, and thair dependents, under Chapter 32 of the General LIMs.. Carried unanimously 10:53 P. M. Article 11. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to appoint, one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote. 10:53 P. M. Paul J. MacKenzie serves notice of reconsideration on the School Operation Budget and the line items thereunder. 10:54 P. M. L Charles E. Parks moves for reconsideration of Article 4 . 10:54 P. M. The Moderator stated that the question comes on re- consideration of the School Operation Budget and line items thereunder in Article 4. Mr. Parks was asked what he hoped to accomplish after so much previous discussion and he stated. that he knew what he was doing and that there had been enough discussion and the matter should be disposed. of tonight. 1057 P. M. John F. Downey moves that the meeting be adjourned to Monday', March 22, 1971, at 8 P. M. 10 :57 P. M. Robert Cataldo moves, to amend the motion of Mr. Downey, that the meeting be adjourned to Wednesday, March 17 , 1971, at 8 P. M. 10:58 P. M. John J. Seitz asks that Mr. Parks withdraw his motion but no action was taken. 10:58 P. M. Mr. Cataldo' s. motion to adjourn to Wednesday was declared lost by voice vote. - 11:01 P. M. Standing vote- on Mr. Downey's motion to adjourn to Monday, March 22,. 1971 at 8 P. M. taken as follows: In Favor Tellers Opposed 32 Russell B. Mason 18 28Stephen T. Russian 17 15 William J. Scouler 23 37 Stillman P. Williams 24 112 82 Carried 11:05 P. M. Meeting declared adjourned to Monday, March 22,. 1971 at 8 P. M. 4,1_ 4 . Town Clerk 252 ADJOURNED TOWN MEETING HELD MARCH 22,- 1971 The meeting was called to orderby the Moderator, Lincoln P. Cole, Jr. , at 8 :03 P. M. at the Cary Memorial Hall. There were 192 Town Meeting Members present. The invocation was offered by Monsignor Martin U. McCabe, Pastor of the Sacred Heart Church. 8:03 P. M. The Moderator stated that he had appointed Erik L. Mollo- Christensen as the member from Lexington on the Regional District School Committee. 8:03 P. M. The Moderator stated that the meeting is now open on the motion to reconsider Article 4 - School Operation and theline items thereunder. 8 :06 P. M. Charles E. Parks withdraws his motion to reconsider Article 4. 8:07 P. M. Article 12. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. -Carried Unanimously 8 :07 P. M. Article 13. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install street lights in suchunaccepted streets as they may determine prior to the final adjournment of the .1972 Annual Town Meeting. Carried Unanimously 8 :07 P. M. Article 14. Presented by Robert Cataldo. ._MOTION: That this article be indefinitely postponed. t: Carried Unanimously 8 :07 P. M. Article 15. Presented by'Robert Cataldo. MOTION: That the sum of $8,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 8 :08 P. M. Article 16. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :08. P. M. Article 17. Presented by Robert Cataldo. 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, in- cluding thewidening, deepening or altering the course of brooks, streams andwater courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or other- wise, and to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $41,000.00 for such installation and land acquisition, and to provide for the payment thereof by transfer from the Excess and Deficiency Account. Carried by voice vote. 8 :11 P. M. 253 Article 18. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets as the Selectmen may determine, subject tothe assessment of betterments or otherwise, and to take by eminent domain, purchase orotherwise acquire any fee, easement or other interest inland necessary therefor; and to appropriate for such installation and land acquisition the sum of $25,000.00 and to provide for the payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8 :12 P. M. Edward E. Furash serves notice of reconsideration of Article 18. 8 :12 P. M. Article 19. Presented by Robert Cataldo. 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 raise and appropriate therefor the sum of $25,000.00. 8 :13 P. M. Edward E. Furash, Chairman of the Appropriation Committee, states that his committee recommends that this motion be voted down. 8 :28. P. M. The motion, as presented by Mr. Cataldo, declared lost by voice vote. 8 :35 P. M. Article 20. Presented by Robert Cataldo. • MOTION: That the Selectmen be and they hereby are authorized to install sewer mains in such 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 all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; ,, and to appropriate for such installation and land acquisition the sum of $350,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :36 P. M. Robert V. Whitman moves to amend Article 20 by striking the sum of $350,000.00 and-to insert in the place thereof the sum of $290,000.00. - 8 :38 P. M. Edward E. Furash stated that the Appropriation Committee is in favor of the main motion. 8 :44 P. M. The motion to amend, as presented by Mr. Whitman, ..w declared lost by voice vote. 8:45 P. M. The main motion, as presented by Robert Cataldo, declared carried by voice vote. 8 :45 P. M. Article 21. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :45 P. M. 254 Article 22. Presented by Robert Cataldo. MOTION: That the sum of $6,000.00 be appropriated for Chapter 90 highway maintenance, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8 :46 P. M. Article 23. Presented by 2obert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :46 P. M. Article 24. Presented by Robert Cataldo. MOTION: To appropriate the sum of $60,000.00 for the -] purchase by or with the approval of the. Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :47 P. M. Frank T. Samuel moves to amend the motion by striking the figure $60,000.00 and substituting therefor the figure $53,400.00 by deleting the three two-way radios and the truck for- the dog officer. 8 :53 P. M. Lloyd S. Beckett, Jr. serves notice of reconsideration of Article 20. 8 :56 P. M. Article 24. After general discussion, Haskell W. Reed moves the (Cont. ) previous question which was declared carried by voice vote. 9:,02 .P. M. The motion to amend, as presented by Frank T. Samuel, declared lost by voice vote. 9:02 P. M. The main motion, as presented by Robert Cataldo, declared carried by voice vote. 9:02 P. M. Article 25. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider; and to raise and appropriate therefor the sum of $25,000.00. 9:03 P. M. Jacqueline B. Davison moves to postpone action on Article 25 until 10 P. M. which was declared carried by voice vote. 9 :03 P. M. Article 26. Presented by Robert Cataldo. MOTION: That the sum of $10,000.00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws. 9:04 .P P. M. .� Mr. Armstrong of the Mosquito Control Project explained the mosquito control as it is carried on in Lexington. 9 :12 P. M. Standing vote on main motion as follows: In Favor Tellers 22posed 34 Leslie H. York 11 48 Joseph A. Trani 13 17 J. S. Nason Whitney 25 21 William J. Scouler 18 120 67 Motion declared adopted. 9:17 P. M. 2 -) Article 27. Presented by Robert Cataldo. MOTION: That the -sum of $17,870.00 be raised and appropriated to be expended under the direction of the Board of Health for providing cooperative and comple- mentary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 19 of the General Laws in cooperation with the Massachusetts Department of _ Mental Health, and for providing payment for services rendered or to be rendered by such Clinic. 8 :17 P. M. Dr. Charles Ellicott of the Board of Health explained the need for the additional money. 9:20 P. M. Robert M. Gary moves to amend the motion by striking out the figure $17,870.00 and substituting therefor- the figure $8,789.00. 9:25 P. M. Edward E. Furash stated that at the meeting of the Appropriation Committee held this evening they voted to approve the figure of $17,870.00. 9:30 P. M. John J. Maguire stated that the School Committee unanimously supports this appropriation of $17,870.00. 9:32 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:46 P. M. The motion to amend, as offered by Robert M. Gary, declared lost by voice vote. 9 :46 P. M. The main motion, as presented by Mr. Cataldo, declared carried unanimously. 9 :46 P. M. r- Article 28. Presented by Robert Cataldo. MOTION: To appropriate the sum of $6,922.75 received in 1971 as State Aid to public libraries to be used by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 9:47 P. M. Article 29. Presented by Robert Cataldo.' MOTION: That the Selectmen be and they :hereby are authorized to retain engineering services to prepare plans for sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine; and to appropriate therefor the sum of $5,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:48 P. M. Article 30. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :48. P. H. r- Robert Cataldo moves that Article 33. be taken up out of order and taken up at this time. Carried Unanimously 9:48 P. M. 256 Article 33. Presented by Robert Cataldo. MOTION: To establish as a...town_way and accept the layout of as a town way Worthen Road from .Marrett .Road a distance of 1470 feet, _more_or less., northwesterly to Sherburne Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 18, 1971, and. to- .take._by,_ eminentdomain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate the sum of $1,000.00 for the con- struction of said street and for land acquisition. 9:50 P. M. Erik Lune stated that the Planning Board unanimously recommends passage of this article and submits the Report of the Planning Board covering Article 33. 9:58 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that the Appropriation Committee recommends that Articles 31, 32 and 33 be voted down. 10:03 P. M. Robert Cataldo, Chairman of the Board of Selectmen, stated that his board unanimously recommends passage of this article. 10:12 P. M. After general discussion, Joseph O. Rooney,. moves the previous question which was declared carried by voice vote. 10:25 P. M. Standing vote on main motion as follows: In Favor Tellers Opposed 14 Leslie H. York 30 18 Joseph A. Trani 38 10 J. S. Nason Whitney 31l] 19 William J. Scouler 20 61 119 Motion, as presented by Mr. Cataldo, is not adopted. 10:30 P. M. Article 25. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying- out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider; and to raise and appropriate therefor the sum of $25,000.00. 10:31 P. M. Robert A. Bowyer shows slides and moves to amend the motion by deleting the words which appear after desire to consider," and substitute in place thereof the following: "provided that it is hereby declared to be the sense of the Town Meeting that public funds should not be i] expended for the widening of the travelled way of Spring Street between Marrett Road and Hayden Avenue to a width greater than 22 feet. " 10:47 P. M. The motion to amend, as offered by Mr. Bowyer, declared lost by voice vote. 11:13 P. M. After general discussion, J. S. Nason Whitney moves the previous question which was declared lost by voice vote. 11:28 P. M. 257 Article 25. A motion to amend by Albert S. Richardson, Jr. is (Cont.) ruled out of order. 11.:28 P. M. J. Keith Butters moves the previous_ question which was declared_.carried by voice., vote.. _.. 11:31 P. M. Main motion under Article 25, as presented by Mr. Cataldo, declared lost by voice vote. 11:31 P. M. Article 31. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. 11:31 P. M. Howard M. Kassler stated that the Conservation Commission is confused. 11:33 P. M. Francis T. Worrell moves that the meeting be adjourned to Monday, March 29, 1971 at 8 P. M. 11:33 P. M. Robert Cataldo serves notice of reconsideration of Article 25. 11:34 P. M. Robert Cataldo moves to amend the motion as offered by Francis T. Worrell that the meeting be adjourned to Wednesday, March 24, 1971 at 7 :30 P. M. which was declared carried by voice vote. 11:34 P. M. Therefore, the meeting is adjourned to Wednesday, March 24, 1971 at 7 :30 P. M. in the Cary Memorial Hall. 11:34 P. M. 31 7)/@zut /nix rgeryte4 Mary R. McDonough, Town Clerk Jules P. Sussman, 15 Holmes Road, resigned as a Town Meeting Member in Precinct One as of March 23 , 1971. Bernice O. Weiss, 462 Lowell Street, was moved up, and has accepted Town Meeting Membership in Precinct One as of March 24, 1971, filling the vacancy caused by the resignation of Mr. Sussman. Term expires on March 6, 1972.. Alfred S. Busa, 38 Circle Road, resigned as a Town Meeting Member in Precinct One as of March 24, 1971. Joseph P. Marshall, 110 Woburn Street, was moved up, and has accepted Town Meeting Membership in Precinct One as of March 24 , 1971, filling the vacancy caused by the resignation of Mr. Busa. Term expires on March 6, 1972. 258 ADJOURNED TOWN MEETING HELD MARCH 24 , 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7 :38 P. M. in the Cary Memorial Hall. There were 195 Town Meeting Members present. The invocation was offered by Rev. R. Reinhold Abele, Pilgrim Congregational Church. 7 :40 P. M. The Moderator stated that the meeting is now open on Article 31. Article 31. Robert Cataldo moves- to lay Article 31 on the table. Carried Unanimously 7 :42 P. M. Article 32. Robert Cataldo moves to lay Article 32 on the table. Carried Unanimously 7 :43 P. M. Article 34. Presented by Robert Cataldo. MOTION: That the sum of $60,000.00 beappropriated to be used in- conjunction- with money previously appropriated under Article 23 of the Warrant for the 1970 Annual Town Meeting for the construction under Chapter 90 highway construction of all or any part of the section of East Street betweein_.,Loweil .St... and. Grant_ Street, and to provide for payment thereof by transfer of the sum of $60,000.00 from the- unexpended balance of the appropriation under Articles 22 and 23 of the Warrant for the 1969 Annual Town Meeting. 7:43 P. M. Weiant Wathen-Dunn moves to amend the motion as follows: MOTION: Move to amend the motion under Article 34 by deleting it in its entirety and substituting therefore the following motion: That the Selectmen be and hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction and reconstruction of all or any part of East St. between the Woburn line and Grant St. , including the laying out, alteration, relocation, widening or reconstruction of said street and to provide for such services by appropriating the sum of $20,000.00 from the unexpended balance of the appropriation for the reconstruction of a part of Massachusetts Avenue voted under Article 22 of the Warrant for the 1966 Annual Town Meeting and con- sisting of funds received from the State under Chapter 679 of the_ Acts of 1965. 7 :52 P. M. The Moderator stated that the money referred to in Mr. Wathen-Dunn's motion is not available for this work. 7:53 P. M. Mr. Wathen-Dunnstated that he would amend his motion. Manfred P. Friedman moves to lay Article 34 on the table which was carried by voice vote.. 7 :57 P. M. Article 35. Robert Cataldo moves to lay Article 35 on the table. Carried by voice vote. 7:58 P. M. Article 36. Robert Cataldo moves to lay Article 36 on the table. Carried by voice vote. 7 :59 P. M. 259 Article 37. Presented by Thomas G. Taylor. MOTION: To appropriate the sum of $5,500.00 as a supplementary appropriation to be used in conjunction with and in addition to the money appropriated under Article 37 of the Warrant for the 1970 Annual Town Meeting for profeuional services and preparation of preliminary plans and specifications fOi remodeling of and additions to the Cary Memorial Library building, and to _ _ provide for payment thereof by transfer from the Excess and Deficiency Account. Carried by voice, vote. 8 :02 P. M. L Article 38. Presented by Allan F. Kenney. MOTION: That the sum of $25,000.00 be appropriated for the construction of a parking area for the Town Office Building and Police Building and access thereto, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :02 P. M. Weiant Wathen-Dunn makes the following motion: MOTION: Move to amend the motion under Article 38 by deleting the figure $25,000.00 and substituting there- fore the figure $15,000.00. 8 :08 P. M. Mr. Wathen-Dunn changes the figure $15,000.00 to $17,000.00 so that his motion now reads : MOTION: Move to amend the motion under Article 38 by deleting the figure $25,000.00 and substituting there- fore the figure $17,000.00 8 :09 P. M. Edward E. Furash stated that the: Appropriation Committee supports the main, motion. 8 :13 P. M. Ephraim Weiss moves for indefinite postponement of this article. 8 :17 P. M. Leslie H. York moves the previous question which was declared carried by voice vote. 8 :25 P. M. Standing vote on the motion to indefinitely postpone taken as follows: In Favor Tellers pposed 5 Leslie H. York 38 20 Richard H. Soule 36 20 Robert M. Gary 21 14 Frank H. Totman, Jr. 22 59 117 The motion to indefinitely postpone Article 38 is declared lost. 8 :28 P. M. Mr. Wathen-Dunn' s motion to amend declared lost by voice vote, which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 3 Leslie H. York Richard H. Soule 35 22 38 27 Robert M. Gary 12 17 Frank H. Totman, Jr. 20 69 105 Mr. WathenrDunn's motion to amend declared lost. 8:30 P. M. 260 Article 38. Allan F. Kenney's motion declared carried by voice (Cont.) vote, which was doubted, so a standing vote taken as follows: In Favor Tellers Opposed 34 Leslie H. York :6 43 Richard H. Soule 18 19 Robert M. Gary 20 19 Frank H. Totman, Jr. 17 115 ._61 -, The main motion, as presented by Mr. Kenney, declared adopted. 8 :34 P. M. Article 39. Presented by Allan F. _Kenney: MOTION: That the _sum of $27,000.00 be appropriated for the purchase and installation_.of air conditioning equipment in the Police Building, and to provide for payment thereof by transfer from the Excess and De- ficiency Account. 8 :34 P. M. Standing vote taken as follows: In Favor Tellers Opposed 34 Leslie H. York 9 34 Richard H. Soule 25 21 Robert M. Gary 18 22 Frank H.. Totman, Jr. 15 111 67 Motion, as presented by Mr. Kenney, declared adopted. 8 :43 P. M. Article 40. Presented by Allan F. Kenney. �. MOTION: That the sum of $10,000.00 beappropriated for the purchaseand installation of furniture, equipment and fixtures for the Town Office Building and Police Building, and to providefor payment thereof by transfer from the Excess and Deficiency Account. Carried by voice vote. 8 :45 P. M. Article 41. Presented by Allan F. Kenney. MOTION: That the sum of $5,000.00 be appropriated for the purchase and installation of local disaster pre- paredness communications system in suchlocation or locations as the Selectmen may determine, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :47 P. M. J. Keith Butters serves notice of reconsideration of Articles 38 and 39. 8 :47 P. M. Article 41. After general discussion.,, Homer J. Hagedorn moves the (Cont. ) previous question which was declared carried by voice vote. 9:04 P. M. The main motion, as presented by Mr. Kenney, declared carried by voice vote. 9:05 P. M. Article 42. Presented by Robert Cataldo. MOTION: To extend to the. 1972Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report. Carried by voice vote. 9:05 P. M. 261 Article 43. Presented by Robert Cataldo. MOTION: That the Data Processing Committee esta- blished under Article 43 of the 1968 Annual Town Meeting, be and hereby is authorize 0 to retain consultants, subject to approval,of the Town Manager, and to study the Towns businesi systems and procedures, develop recommendations for, a data processing system_and equipment for the Town, the Data Processing Committee to report its findings and recommendations thereon and on those matters referred to it under said Article 43 to a subsequent town meeting not later than the- 1972 Annual. Town Meeting; to appropriate the sum of $10,000.00 therefor and to provide for the payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9 :17 P. M. Robert Cataldo moves to take Article 34 from the table which was declared carried by voice vote. 9 :18 P. M. Article 34. (As previously presented by Robert Cataldo: MOTION: That the sum of $60,000.00 be appropriated to (See page be used in conjunction with money previously appro- 267) priated under Article 23 of the Warrant for the 1970 Annual Town Meeting for the construction under Chapter 90 highway construction of all or any part of the section of East Street between Lowell St. and Grant Street, and to provide for payment thereof by transfer of the sum of $60,000.00 from the unexpended balance of the appropriation under Articles. 22 and 23 of the Warrant for the 1969 Annual Town Meeting.) Weiant Wathen-Dunn presented a re-worded amendment as follows: [ MOTION: Move to amend the motion under Article 34 by deleting it in its entirety and substituting therefore the following motion: That the Selectmen be and hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction and re- construction of all or any part of East St. between the Woburn line and Grant St. , including the laying out, alteration, relocation, widening or reconstruction of said street and to provide for such services by transferring the sum of $17 ,260.44 from the unexpended balance of the appropriation for the reconstruction of a part of Lowell St. or Worthen Rd. voted under Article 5 of the Warrant for the June 3, 1968 Special Town Meeting. 9 :10 P. M. Frank. Sandy moves that the article be placed back on the table- but the motion was declared_ lost by voice vote. 9 :45 P. M. Frank I. Michelman moves to amend the amendment by adding at the end thereof, the following: Provided, that the work shall be done in accordance with r- the procedures set forth in the report submitted to the Selectmen by their Committee on Procedures of Street and Sidewalk Reconstruction. 9:46 P. M. Charles A. Winchester moves for indefinite postponement. of Article 34. 9:49 P. M. Paul A. Plasse moves the previous question which was declared carried by voice vote. 9 :57 P. M. 262 Article 34. Manfred P. Friedman raised a point of order. He stated (Cont.) that a motion to amend should be voted on before a motion to indefinitely postpone. The Moderator stated that it could be interpreted that way and therefore the motion' on the floor at this time was Mr. Michelman's motion to amend Mr. Wathen-Dunn's amendment. The Moderator declared that Mr. Michelman's motion was lost by voice vote, which was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 8 Leslie H. York - 31 18 Richard H. Soule 37 34 Robert M. Gary 10 �. 18 Frank H. Totman, Jr. 15 78 93 Mr. Michelman's motion to amend is declared lost. 10:01 P. M. The motion to amend, as presented by Weiant Wathen-Dunn, declared lost by voice vote. 10:01 P. M. The motion to indefinitely postpone is declared lost by voice vote., which was doubted, so a standing vote taken as follows: In Favor Tellers Opposed 13 Leslie H. York 26 29 Richard H. Soule 28 (See page 31 Robert M. Gary 11 267) 16 Frank H. Totman, Jr. 23 89 88 I] The motion to indefinitely postpone Article 34 is declared carried. 10:05 P. M. Robert Cataldo moves for reconsideration of Article 25. 10:05 P. M. Edward E. Furash stated that the Appropriation Committee is in favor of the motion to reconsider Article 25. 10:13 P. M. Carl Blake stated that the Capital Expenditures Committee is in favor of the motion to reconsider. Article. 25. 10:17 P. M. Joseph A. Campbell serves _.notice. -of reconsideration of Article 34.. 10:18 P. M. James M. McLaughlin moves the previous question which was declared carried by voice vote. 10:23 P. M. Standing vote on the motion to reconsider Article 25 as follows: In Favor Telles Opposed 28 Leslie H. York 14 31 Richard H. Soule_ 29 25 Robert-.M. Gary 17 32 Frank H. Totman, Jr. 7 116 67 The motion to reconsider Article 25 is declared carried. 10:25 P. M. 1 263 Article 25. Robert Cataldo reads the motion under. Article 25 as he had presented it .at the March 22, 1971 Adjourned Session of the 1971 Annual. Town Meeting: MOTION: That the Selectmen be and they hereby are auth- orized to retain engineering services and prepare plans and specifications for the design, construction or re- construction of streets the laying out, alteration, reloca- tion, widening or reconstruction of which the Selectmen may desire to consider; and to raise and appropriate therefor the sum of $25,000.00. 10:26 P. M. r- James E. Storer moves to lay Article 25 on the table which was declared tobe defeated by voice vote. 10:28 P. M. Robert A. Bowyer moves to amend the motion by deleting the sum of $25,000.00 and inserting in place thereof the sum. of $2,000.00. 10:30 P. M. Wiltrud R. Mott-Smith moves to amend Mr. Bowyer's motion by striking the figure $2,000.00 and inserting in place thereof the figure $6,000.00. 10:37 P. M. Mr. Bowyer has na objections tohaving his amendment changed so that it now reads: Move to amend the motion by deleting the sum of $25,000.00 and inserting in place thereof the sum of $6,000.00. Patricia K. Hagedorn moves the previous question, which was declared carried by voice vote. 10:43 P. M. Standing vote on Mr. Bowyer's amendment as follows: In Favor Tellers Opposed 9 Leslie H. York_ 33 37 Richard H. Soule 27 24. Robert M. Gary 18 11 Frank H. Totman, Jr. 28 81 106 Mr. Bowyer's amendment declared lost. 10:40 P. M. Standing vote on main motion as follows: In Favor Tellers Opposed 32 Leslie H. York 11 29. Richard H. Soule 36 19 Robert M. Gary 21 31 Frank H. Totman, Jr. 8 111 76 Main motion, as presented by Mr. Cataldo, adopted. 10:45 P. M. L_ . Article 2. David Reiner moves that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Carried Unanimously 10:45 P. M. Alan G. Adams moves that the meeting be adjourned to Monday, March 29, 1971 at 8 P. M. Carried by voice vote. 10:47 P. M. 71ieh/ AA g )27 44-vx,o44,,, Mary R. McDonough, Town Clerk 264i - ADJ0.0 ' t _ TOWN MEETING. HELD MARCH 29, .1971 The meeting was, calledto order by the Moderator, Lincoln P. Cole, Jr. , at 8:02 .P. M. at the Cary Memorial Hall. There Were 196 Town Meeting Members present. The invocation _was_.offered by Rev. Kenneth E. Peterson, Pastor of the First Baptist Church. 8:03 P. M. Otis S. Brown, Jr. praises the Lexington High School Basketball Team for winning the Massachusetts Schoolboy Basketball Title and presented the entire team. Upon entering the hall, the team was given a standing ovation. 8 :05 P. M. Robert Cataldo, Chairman of the Board of Selectmen, read the following resolution: BY THE BOARD OF SELECTMEN A RESOLUTION 1 9 7 1 WHEREAS,The Lexington High School basketball team did in fact win the 1971 Middlesex League Championship; and WHEREAS,They were victorious in the 1971 Class B Eastern Massachusetts Tech Tourney; and WHEREAS, They entered the 1971 State Championship competition and defeated Holy Name High School OF Worcester.,." Class A Champion Somerville High School and Class A Runner-up Boston English High School; and WHEREAS, They completed. a successful season_ of 2b. victories and no defeats to become the 1971 Massachusetts State Champions of School Boy Basketball; BE IT RESOLVED, That we the members of the. 1971 annual Town. Meeting, acting as representatives of the citizens of Lexington, do hereby recognize the members of. the. 1970-71. Lexington High School varsity basketball team, Brian McAllister, Jeffrey L. Baker, John W. Flaherty.,- CurtisW.- Wolff, Joseph E. Cormier-, Stephen R. Lorentzen, Thomas G. Harris, Ronald .H. _Lee, Diedrich C. Waterman, Wayne A. Morrison, Paul R. Jones John P. Rosa and Steven Singelais and their co-captains, John L. O'Brien and Andrew J. Freitas, their managers, William S. Monderer, Robert W. Mann, Jr. , and Stephen P. Barentine, and their coaches, Stanley G. Boynton and Robert Farias, and do hereby salute theirtkilita-plia and by unanimous vote do hereby enter this resolution on the permanent records of the Town of Lex- ington, Massachusetts. By the Lexington Board. of Selectmen, /s/ Robert Cataldo, Ch. /s/ Allan F. Kenney /s/ Fred C. Bailey /s/ Alfred S. Busa /s/ Natalie H.. Riffin Dated this 29th day of March, 1971. Resolution carried unanimously. 8:08 P. M. 265 The Moderator asked Stanley G. Boynton, Coach of the Lexington High Basketball Team to step forward and Mr. Cole read the following resolution: THE COMMONWEALTH OF MASSACHUSETTS In the Year One Thousand Nine Hundred and Seventy-one [- RESOLUTIONS CONGRATULATING LEXINGTON HIGH SCHOOL ON WINNING THE MASSACHUSETTS SCHOOLBOY BASKETBALL TITLE. Whereas, The- Lexington High School Basketball. Team has brought honor and fame to Lexington High School and to the town of Lexington in winning the Massachusetts Schoolboy Basketball Title; and Whereas, The victories by this team were clean cut and decisive against outstanding teams and in winning they achieved remarkable success; and Whereas, They have, during the season-, played this popular highly competitive sport with a high degreeof excellence and a keen sense of good sportsmanship and fair play; and Whereas, The winning of this championship reflects the out- standing ability, teamplay and spirit of this team; therefore be it Resolved, That the Massachusetts House of Representatives hereby extends, to the Lexington High School Basketball Team and their coach, its congratulations upon winning the Massachusetts Schoolboy Basketball Title; and be it further Resolved, That copies of these resolutions be sent forthwith by the Secretary of the Commonwealth to the Lexington High School and to the coach of the Basketball Team. House of Representatives, adopted, March 29, 1971. /s/ David M. Bartley HOUSE SPEAKER /s/ Wallace C. Mills HOUSE CLERK (SEAL) a true copy. Attest: /s/ John F. X. D.avoren SECRETARY OF THE COMMONWEALTH. Offered by: /s/ Lincoln P. Cole, Jr. REPRESENTATIVE LINCOLN P. COLE, JR. /s/ John F. Cusack REPRESENTATIVE JOHN F. CUSACK 266 Article 44. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to lease, or to lease with an option to purchase, five voting machines; and to appropriate the sum of $1,650.00 therefor, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8 :12 P. M. Article 45. Presented. by Robert Cataldo. MOTION: That the sum of $4,120.00 be_ raised and appropriated for the purpose of paying the Town's apportioned share of the initial operating and main- tenance -' costs of the proposed- regionalvocational- technical- school district consisting of the Towns of -- Arlington, Belmont,. Concord and Lexington and such of the Towns of_ Acton., - Boxborough, Carlisle, Lincoln., Stow, Sudbury, Wayland and Weston as vote- to become members of said district. Carried Unanimously 8:18 P. M. Article 46. Presented by Robert Cataldo. MOTION: That the sum of $30,000.00 be raised and appropriated to retain professional services for photogrametric survey and map of the Town. 8 :18 P. M. Erik Lund., Chairman of the Planning Board, stated that the Planning Board unanimously favors this motion. 8:23 P. M. Edward E. Furash, Charman of the Appropriation Committee, stated that his committee asks that this motion be voted down. 8:25 P. M. The motion, as presented by Mr. Cataldo, declared carried by voice vote. 8:29 P. M. Article 47.. Presented by Robert Cataldo. .__. MOTION: That the _sum of $25,000.00 be appropriated for the further development_ of the so-called dump area on Lincoln Street, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8:30 P. M. Edward E. Furash moves to amend the_ motion by striking the figure $25,000.00 and to substitute therefor the figure $10,000.00,. 8 :33 P. M. Charles F. Gallagher, Jr. , Chairman of the Recreation Committee, stated that his committee urges passage of the main motion. 8:41 P. M. James M. McLaughlin moved the previous- question which was declared carried by voice vote. 8 :42 P. M. The amendment as offered by Mr. Furash, declared carried by voice vote. 8 :42 P. M. Themotion, as amended, now reads: MOTION: That the sum of $10,000.00. be appropriated for the further development of the so-called dump area on Lincoln Street, andto provide for payment thereof by transfer from the Excess and Deficiency Account. Main motion, as amended, declared carried by voice vote. 8 :42 P. M. 1 267 Article 48.. Presented by Robert Cataldo. MOTION.:- That this article .be- indefinitely postponed. Carried Unanimously 8 :43 P. M. Article 49. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized onbehalf of the Town to purchase, take by eminent domain or otherwise acquire for street and other public purposes any fee., easement or other interest in all or any part of land now or formerly of Dr. Lester I. Leonard located at the northwesterly corner of Marrett Road and Lincoln Street and described in a deed recorded in Middlesex South District Registry of Deeds, Book 8937, Page 288; and to raise and appropriate for such land acquisition the sum of $1,000.00. Carried Unanimously 8 :46 P. M. Article 50. Presented by Frank I. Michelman. MOTION: That the Permanent Building Committee be and hereby is authorized, in conjunction with its requests to the contractor to utilize particular referral agencies and_ training programs concerned__with equal employment opportunity in the construction trades, as authorized by vote adopted under Article 4. of the June 2,. 1969 Special Town Meeting, to expend funds approp- riated under said Article 4 for the additional purpose of reimbursingthe contractor for the cost of the transportation of minority-group trainees and skilled workers as may be authorized by the Permanent Building Committee in its requests to the contractor. 8:48 P. M. Charles E. Parksserves notice of reconsideration of Article 46. 8 :52 P. M. Article 50. Standing vote on motion as offered by Mr. Michelman: (Cont. ) In Favor Tellers Opposed 16 Joseph A. Trani 25 33 Leslie H. York 18 39 James F. Fenske 3 34 William J. Scouler 5 122 51 Adopted. 8 :55 P. M. Joseph A. Campbell moves for reconsideration of Article 34. 8 :55 P. M. After general discussion, Joseph O. Rooney moves the previous question which was declared carried by voice vote. 9:23 P. M. The motion to reconsider Article 34 is declared carried by voice vote. 9:24 P. M.- Article 34. Allan F. Kenney reads the motion as presented under Article 34 at the March 24, 1971 session of this town meeting: MOTION: That the sum of $60,000.00 be appropriated to be used in conjunction with money previously appropriated under Article 23 of the Warrant for the 1970 Annual Town Meeting for the construction under Chapter 90 highway construction of all or any part of the section of East Street between Lowell St.. and Grant Street, and to provide for payment thereof by transfer of the sum of $60,000.00 from the unexpended balance of the appropriation under Articles 22 and 23 of the Warrant for the 1969 Annual Town Meeting. Main motion, as offered by Mr. Cataldo at the March 24 , 1971 Town Meeting, carried by voice vote. 9 :27 P. M. 268 Article 51. Presented by Robert Cataldo. MOTION: That, in consideration of the settlement in full of the actions brought against the Town by Lombard Development Corporation and E. S. Johnson Construction Co. , Inc. , and by R. Curtis Hamilton, Trustee, the Selectmen be and they hereby are authorized to abandon and release any claim of the Town in a right of way that may have been acquired by eminent domain by an order of taking. dated December. 16, 1968, recorded in Middlesex South District Registry of Deeds, Book 11618, Page 386, and registered therein as Document No. 462003 , said right of way being no longer required by the Town; and that the instrument of abandonment and release shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 9:31 P. M. Article 52. Presented by Robert Cataldo. MOTION: That the sum of $2,000.00 be raised and appropriated for the payment of a pension to the widow of the late Benjamin W. Day under Section 95A of Chapter 32 of the General Laws. Carried Unanimously 9 :32 P. M. Article 53. Presented by Robert Cataldo. MOTION: That the Permanent Building Committee be and they hereby are authorized to retain professional services and prepare final plans and specifications and to obtain bids for remodeling, reconstructing or making extraordinary repairs to the so-called Red Cross building owned by the Town, located on the Hancock Street side of the Buckman Tavern grounds; and to raise and appropriate therefor the sum of $1,900.00. 9:33 P. M. Edward E. Furash stated that_the. Appropriation Committee is not in favor of this motion at this time. 9 :34 P. M. Carl Blake stated that four of the Capital Expenditure Committee members are in favor of the motion with Robert L. Kingston abstaining from voting as he is connected with the Red Cross. 9 :39 P. M. Ephraim Weiss moves to refer Article 53 to the Permanent Building Committee for its recommendations at the next Town Meeting. 9:46 P. M. The motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 9:47 P. M. Main motion, as presented by Mr. Cataldo, declared lost by voice vote. 9:47 P. M. Article 54. Presented by Robert Cataldo. MOTION: To raise and appropriate the sura of $5,000.00 for the development of a play area on land owned by the Town located off Freemont Street. Carried by voice vote. 9:52 P. M. Article 55. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $4 ,500.00 for the development of a play area on land owned by the Town located on Eldred Street. 9 :52 P. M. Howard A. Kassler stated that this would be on conserva- tion land but that the Conservation Commission are in favor of this motion. 9:57 P. M. Jack L. Mitchell moves that Article 55 be tabled which was declared, carried by voice vote. 9:58 P. M. 269 Charles F. Gallagher, Jr. moved for reconsideration of Article 55 but the motion was ruled out of orderby the Moderator. 9:58 P. M. Article 56. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,000.00 for the development of a play area on land owned by the Town located off Oxford Street. Carried Unanimously 9:59 P. M. Article 57. Presented by Robert Cataldo. MOTION: That this articlebe indefinitely postponed. 10 P. M. The motion to indefinitely postpone Article 57 declared lost by voice vote. 10:03 P. M. (SEE PAGE Paul A. Plasse moves to direct the Recreation Committee 279) to set aside an area for the development of a horse riding ring in such location as the Recreation Committee and Board of Selectmen may determine. 10:04 P. M. Carl Blake moved to refer the motion under Article 57 to the Recreation Committee for action at the next town meeting. 10:12 P. M. Standing vote was taken on Mr. Blake's motion: In Favor Tellers Opposed 22 Joseph A. Trani 19 21 Leslie H. York 25 40 James F. Fenske 7 32 William J. Scouler 11 115 62 The motion to refer to the Recreation Committee, as offered by Mr. Blake, dedared carried. 10:15 P. M. Article 58. Presented by Robert Cataldo. MOTION: That the Town Manager be and he hereby is authorized to retain professional services and prepare final plans and specifications and to obtain bids for the repair, remodeling or reconstruction of the swimming pool at the Center Playground; and to raise • and appropriatetherefor the sum of $12,500.00. 10:15 P. M. The Moderator stated that there would be a five minute recess. 10:19 P. M. The meeting was again called to order by the Moderator at 10:28 P. M. Paul A. Plasse serves notice of reconsideration of Article 57. 10:28 P. M. LI Article 58. Robert Cataldo moves to amend his motion under Article (Cont.) 58 by striking the figure $12,500.00 and substituting therefor the figure $2,500.00. 10:29 P. M. Mr. Cataldo's motion to amend declared carried by voice vote. 10:33 P. M. Main motion, as amended, now reads: he MOTION: That the Town Manager be and/hereby is authorized to retain professional services and prepare final plans 270 Article 58. and specifications and to obtain bids for therepair, remodeling or reconstruction of. the swimming pool at {Cont.) the Center Playground; and to raise and appropriate therefor thesum of $2,500.00. Main motion, as amended, declared carried by voice vote. 10:33 P. M. Jack L.._Mitche-l.L moved that Article 555.-be- taken°_'from the table which was declared carried by voice vote. 10:34 P. M. Article 55.- (Motion as previously presented by Mr. Cataldo under (Cont.) Article 55: MOTION: To raise and appropriate the sum of $4,500.00 for the development of a play area on land owned by the Town located on Eldred Street.) Main motion, as offered by Robert Cataldo,_ carried unanimously. 10:36 P. M. Article 59. Presented by Elizabeth H. Clarke. MOTION: To raise and appropriate the sum of $10,000.00 for installation of gas after-burners ontheincinerators at Diamond Junior High School, Bowman School, Bridge School, Estabrook School and Maria Hastings- School to comply with requirements for-approval by the Metropolitan Boston Air Pollution Control District. 10:37 P. M. After general discussion, James M. McLaughlin moved that Article 59 be tabled_.- Voice vote on Mr. Mc- Laughlin's motion was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed I 25 Joseph A. Trani 16 25 Leslie H. York 24 2 James F. Fenske 44 2 William J. Scouter.-- 38 54 122 Mr. McLaughlin's .motion. to table Article 59 is declared lost. 10:50 P. M. Main motion, as presented by Elizabeth H. Clarke, declared carried by voice vote. 10:56 P. M. Article 60. Presented by Howard M. Kassler. MOTION: To raise and appropriate the sum of $5,.00.0.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special" Town Meeting held on June 8 , 1964. 10:53 P. M. Mr. Kassler discusses the whole Conservation Program and shows slides. 11:02 P. M. J. Keith Butters moved that the meeting be adjourned to Wednesday, March 31, 1971 at 8 P. M. Carried by voice vote. 11:03 P. M. 7ii 1. Mary R. McDonough, Town Clerk 1 21(AL ADJOURNED TOWN MEETING HELD MARCH 31, 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at the Cary Memorial Hall at 8 :03 P. M. There were 191 Town Meeting Members present. The invocation was offered by Monsignor George W. Casey, Pastor of St. Brigid's Church. 8 :04 P. M. The Moderator stated that the meeting is now open on Article 60 and that Howard_ M. .Kassler had. the floor_ as the meeting had adjourned on. March 29._, 1971 when Mr. Kassler had been speaking on Article 60. Article 60. Howard M. Kassler re-read the motion he had offered under Article 60 on March 29., 1971. MOTION: To raise and appropriate the sum of $5,000.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964. 8 :05 P. M. Joseph A. Campbell asked what the $5,000.00 would be used for and Mr. Kassler stated that it was strictly a- contingency fund. 8 :07 P. M. A Main motion, as offered by Mr. Kassler, declared carried by voice vote. 8:08 P. M. Article 61. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C. of Chapter 40 of the General Laws, any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land southerly of Concord Avenue owned by Leroy M. Titelbaum and shown as lots S and T on a plan recorded in Middlesex South DistrictRegistryof Deeds, at the end of Book 10456; andto raise and appropriate for said land acquisition the sum of $68,000.00. 8:08 P. M. After general discussion, J. S. Nason Whitney moved the previous question. Standing vote on Mr. Whitney's motion taken as follows: In Favor Tellers Opposed 40 Martin A. Gilman 10 34 William J. Scouler 5 20 Leslie H. York 26 32 Joseph A. Trani 12 126 53 Previous question, as moved by Mr. Whitney, declared carried. 8 :43 P. M. Erik Lund, using time yielded by Mr. Kassler, stated that the Planning Board supports Article 61 and Article 62.. 8:43 P. M. Carl Blake, using time yielded by Mr. Kassler, stated that the Capital Expenditures Committee is in favor of this article. 8:46 P. M. 272 Article 61. Edward E. Furash, using time yielded by Mr. Kassler, (Cont.) stated that the Appropriation Committee- is not in favor of this motion. 8 :47 P. M. Rober_t. Cataldo stated that the Board of Selectmen unanimously recommends passage -of the Conservation Articles 61, 62 and 63. 8 :52 P. M. Standing vote on Mr. Kassler's motion as follows: In Favor Tellers Opposed 38 Martin A. Gilman 13 38 Leslie H. York 5 14 Joseph A. Trani 30 34 William J. Scouler 7 124 55 Motion, as presented by Mr. Kassler, declared adopted. 8:55 P. M. Article 62. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to pur- chase or otherwise acquire, and to authorize the Sel- ectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, conservation- re- striction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land southerly of ConcordAvenueowned by Margaret Ballou and described in deed recorded in Middlesex ' South District Registry of Deeds, Book 7401, Page 248, excepting therefrom lots 1, 2,. 3, A, -5,. 6 and 7 on plan recorded in said Deeds at-the end of Book 7489; and to raise and appropriate for said land acquisition the sum of $32,000.00. 8:57 P. M. reconsideration of Albert S. Richardson, Jr. serves notice of/Article 61. 9:02 P. M. — Article 62. After general discussion, Joseph O. Rooney moved the (Cont.) previous question which was declared carried by voice vote. - 9:12 P. M. Standing vote on Mr. Kassler's motion as follows: in Favor Tellers Opposed 31 Martin A. Gilman 23 40 Leslie H. York 3 22 Joseph A. Trani 23 35 William J. Scouler 6 128 55 Motion, as offered by Mr. Kassler adopted. 9 :13 P. M. Article 63. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of. the..Conservation Commission-, 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 owned by Francis Judd Cooke and Maymay L. Cooke, located on the-northerly side--of. -Massachusetts Avenue and the easterly side of Woodberry Road_and described in a deed recorded in Middlesex South District Registry of Deeds, Book 6761, Page 409; and to raise and appro- priate for said land acquisition the sum of $7,000.00. 9:14 P. M. 1 273 Article 63. Standing vote on Mr. Kassler's motion as follows: (Cont.) In Favor Tellers pposed 47 Martin A. Gilman 5 32 Leslie H. York 1 42 Joseph A. Trani 4 39 William J. Scouler 1 160 11 Motion, as offered by Mr. Kassler, adopted. 9 :25 P. M. Robert Cataldo moved that Article 31 be taken from the table which was declared carried by voice vote. 9 :26 P. M. Article 31. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. 9:26 P. M. tif: Chandler Crocker, II served notice of reconsideration of Articles 62 and 63. 9:28 P. M. Article 31. Howard M. Kassler speaks against indefinite postpone- (Cont.) ment. 9:28 P. M. Edward E. Furash stated that the Appropriation Committee supports indefinite postponement of Articles 31 and 32. 9:33 P. M. Carl Blake stated that the Capital Expenditures Committee recommends indefinite postponiment at this time. 9:37 P. M. Leon A. Burke, Jr. moved the previous question which was declared carried by voice vote. 9:37 P. M. L. Indefinite postponement of Article 31., as moved by Mr. Cataldo, declared carried by voice vote. 9 :38 P. M. Robert Cataldo moved that Article 32 be taken from the table which was declared carried by voice vote. 9:38 P. M. Article 32. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9 :38 P. M. Robert Cataldo moved that Article 35 be taken from the table which was declared carried by voice vote. 9 :38 P. M. Article 35. Presented by Robert Cataldo. MOTION: That the sum of $17 ,000.00 be appropriated for widening and construction with permanent pavement of all or any part of East Street between the Woburn line and Grant Street, and to provide for payment thereof by transfer of the sum of $17,000.00 from the unexpended balance of the appropriation for the reconstruction of Lowell Street or Worthen Road voted under Article 5 of the Warrant for the June 3, 1968 Special Town Meeting. Carried Unanimously 9 :40 P. M. Robert Cataldo moved that Article 36 be taken from the table. Carried Unanimously 9 :41 P. M. Article 36. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9 :41 P. M. 274i Article 64. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:42 P. M. Article 65. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :43 P. M. Article 66. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:43 P. M. Article 67. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :43 P. M. Article 68. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :43 P. M. Article 69. Presented. by Erik Lund. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :43 P. M. Article 70. Presented by Erik Lund. MOTION: To amend the Zoning By-Law and the Zoning Map as follows: A. By adding a new RH Subsidized Housing District to be shown on Zoning District Map No. RH-1 entitled "RH SUBSIDIZED HOUSING DISTRICTS" , said district to be numbered 22._51 and to be bounded and described as follows: Beginning at the westerly corner of Garfield and Earl Streets; thence southwesterly by Garfield Street 535.6 feet; thence northwesterly 829 feet, more or less, by a- line parallel to Hickory Street extended to the northwesterly-boundary-of lot_ 11, block 13; thence _northeasterly 435.-6--feet-, more ..or less-, to -the northerly corner of lot 30, block 15; thence southeasterly by a line parallel to and 100 feet northeasterly from the northeasterly line. of: Hickory Street extended 476.5 feet, more or less., tothe southerly corner of lot _8 , block 4; thence northeasterly by said lot_ 8 and across Earl Street to the westerly corner of lot 31, block 3, 150 feet; thence southeasterly 100 feet by the north- easterly line of Earl- Street extended to the westerly corner of lot 35, block 3.; thence northeasterly 100 feet by the northwesterly boundary of said. lot 35; thence southeasterly 150__feet--by a..l.ine_-parallelto and 100 feet northeasterly -from said-:northeasterly line_ of _ Earl Street extended; thence southwesterly- 150 -feet by the northwesterly boundary of -lot 41, block 3, and across Earl Street; thence southeasterly by the south- westerly line of said Earl Street 102.5 feet, more or less, to the point of beginning; containing 9.83 acres,. more or less; all lots, blocks and street lines being as shown on the plan entitled "Plan of- -Lots: at -Lexington Heights owned by M. C. Meagher" , dated July 18.92, by E. A. W. Hammatt, C.E. recorded in Middlesex South District, Registry of Deeds in. Plan Book 77 as Plan 24. B. By adding. in. Section 22 entitled "Geographical descriptions of residence districts" a new subsection 22.5 and a new paragraph 22.51 as follows: 2 1(5 Article 70. 22..5 RH - subsidized housing districts are as (Cont.) follows: 22..51. A district on both sides of Ash Street extending southwesterly from Earl Street as shown on Zoning District Map No. RH-1 entitled "RH SUBSIDIZED HOUSING DISTRICTS" , designated thereon 22.51. 9:48 P. M. Erik Lund spoke on the- article and is recognized by the Moderator for his second ten minutes. Mr. Lund stated that the Planning Board recommends passage of �-.. this article and presented the Planning Board Report covering Article 70. 10:07 P. M. M. Chandler Crocker, II spoke in opposition and showed slides and graphs. 10:17 P. M. Paul A. Plasse spoke in opposition and showed slides._ He was recognized by the Moderator for__his second ten minutes. 10:45 P. M. Robert Cataldo stated that by a majority vote of the Board of Selectmen that they ask the Town Meeting to vote against this article . 10:46 P. M. Allan Green moved the previous question which was declared carried by voice vote. 11:05 P. M. Standing vote on main motion as follows: In Favor Tellers Opposed 15 Martin A. Gilman 36 35 Leslie H. York 6 12 Joseph A. Trani 32 24 William J. Scouler 16 86 90 Main motion, as offered by Mr. Lund, declared lost. -11:07 P. M. Robert Cataldo moved that the meeting be adjourned to Monday, April 5, 1971 at 8- P. M. Carried by voice vote. 11:08 P. M. 11 444-Ktet4o - Mary R. McDonough, Town Clerk 276 ADJOURNED TOWN MEETING HELD APRIL 5, 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:05 P. M. at the Cary Memorial Hall. There were 193 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8:06 P. M. Article 71. Presented by Erik Lund. MOTION: That this article be indefinitely postponed. Carried by voice vote. 8 :_08 P. M. Albert S. Richardson, Jr. moves for reconsideration of Article 61. 8 :09 P. M. After general discussion, Wilbur E. Cheever moves the previous question which was declared carried by voice vote. 8:21 P. M. Motion to reconsider Article 61 declared lost by voice vote, which was doubted, so a standing_ vote taken as follows:. In Favor Tellers Opposed 3 Leslie H. York 39 24 Joseph A. Trani 18 30 James F. Penske 24 8 William J. Scouler 32 65 113 The motion to reconsider ARticle 61 declared lost. 8 :28 P. M. Article 72.. Presented by Mark Moore, Jr. MOTION: To amend the Zoning By-Law by adding at the end (See page of the areas described under RH. -- Subsidized Housing „s 285 Districts, the following: Article lost in "A district on the easterly side of Bedford Street more Referendum fully bounded and described as follows: Vote) SOUTHWESTERLY by Bedford Street. 40.08 feet; NORTHWESTERLY by land now or formerly of Carine .12.2.10 feet; SOUTHWESTERLY by land now or formerly of Carine and Rice 125 feet; NORTHWESTERLY by land now or formerly of Savage 240 feet; SOUTHWESTERLY by land now or formerly of Savage and others, land_.303.20 feet; NORTHWESTERLY by land: now or formerly of W. E. - Stickle 484.1 feet; NORTHEASTERLY by land now or formerly of Riley 152.46 feet; EASTERLY by land now or formerly of B and M Railroad 577.60 feet; SOUTHEASTERLY by land now or formerly of Lexington Lumber Company 497.40 feet; SOUTHWESTERLY- by land. now or formerly of Balazy and Curran 130 feet; and SOUTHEASTERLY- by land-now or. -formerly of Curran -- 125 feet to the point- of beginning. " 8 :30 P. M. Mr. Moore, a: Town Meeting Member- from: Precinct Six, stated that because of his interest in this article, that he would. abstain from voting. 8 :30 P. M. s. �. 277 Article 72. As Mr. Moore gave an explanation of the article, (Cont.) Charles H. Cole, 2nd, Town Meeting Member from Precinct Three who will be the architect for the apartment complex, showed slides and Frederick J. Conroy pointed out the highlights on the screen. The Moderatorrecognized Mr. Moore for his second ten minutes. 8 :43 P. M. Erik Lund stated that the Planning Board, by a unanimous vote, endorsed the proposed rezoning and recommended_ passage of Article 72 modified to eliminate the 3.8 acre parcel. Mr. Lund filed the Planning Board Report covering Article 72. 9 :01 P. M. LIDaniel E. Power stated that- the Interfaith Corporation unanimously favor passage of this motion. 9 :04 P. M. Ira Stepanian and Richard H. Bengtson, Jr. of Carol Lane spoke from the balcony against the motion. Mary McKenney stated that the League of Women Voters supports the motion. 9:25 P. M. Alan G. Adams moves the previous question and a standing vote was taken on this motion as follows: In Favor Tellers 2pposed 30 Leslie- H. York 9 23 Joseph A. Trani 17 25 James F. Fenske 27 36 William J. Scouler 3 114 56 Previous question declared carried. 9:29 P. M. Lloyd S. Beckett, Jr-. moves that a roll call vote be taken by the Town Clerk. Standing vote on Mr. Beckett's motion taken as follows: In Favor Tellers Opposed 27 Leslie H. York 18 15 Joseph A. Trani 26 32 James F. Fenske 15 22 William J. Scouler 16 96 75 The motion for a roll call vote declared adopted. 9:32 P. M. Allan Green moves for reconsideration of the motion for a roll call vote on Article 72.. This motion was declared lost by voice vote. 9 :35 P. M. The roll call vote on Article 72 was taken by the Town Clerk starting at 9:37 P. M. and finished at 9:53 P. M. The Moderator declared a recess so that the votes could [- be counted. 9:53 P. M. The meeting was again called to order by the Moderator at 10 P. M. Results of the roll call vote: In Favor: 127 Opposed: 56 Abstaining: 6 More than the required two-thirds having voted in favor, the motion, as offered by Mr. Moore, declared adopted. 10 P. M. r7`1 278 Article 73. Presented by Alfred P. Tropeano. MOTION: To amend thezoning by-law by adding at the end of Section 23.7 CG General Business District the following: A district on the southerly corner of Waltham Street and Vine Brook Road bounded and described as follows: ' NORTHERLY by the corner rounding at _Waltham Street and Vine Brook Road, 15.7 feet; NORTHEASTERLY by Vine Brook Road 88 feet, more or less, to the land now or formerly of Orcutt; SOUTHEASTERLY by land now or formerly of Orcutt 58 feet, more or less;- NORTHEASTERLY by land now or formerly of Orcutt 74 feet; SOUTHEASTERLY by a line parallel to the_ southeaster.ly line of Waltham_.Street and 175 feet., more or less, southeasterly therefrom, which line extends southwesterly to the intersection of the common boundary of lands now or formerly of Tropeano and of The Lexington Professional Building Trust with the southwesterly boundary of land now or formerly of Bickford, a distance of 73 feet, more or less; and by and through the landnow or -formerly of The Lexington..Professional Building_Trust to the northeasterly boundary of Lot 15 as shown on the Lexington Assessors' Map 49, it being the northwesterly boundary of the land described in deed of the - Roman Catholic Archbishop of Boston dated April 9, 1957 and recorded in Middlesex South District Registry of. Deeds in Book 8933, Page.164, a distance of 127 feet, more -or _less; SOUTHWESTERLY by said northeasterly boundary of the aforesaid Lot 15. owned now or formerly by The Lexington Professional Building Trust, 162 feet, more or less; WESTERLY by Waltham Street 26.1 feet, more or less. 10:03 P. M. Mr. Tropeano stated that because of his interest in this article, although he is a Town Meeting Member from Precinct Four, that he would abstain from voting. 10:04 P. M. Mr. Tropeano gives an explanation of his motion and shows slides.. He is recognized by the Moderator for his second ten minutes. 10:13 P. M. William J. Dailey, Jr. moves to amend the motion as follows: MOTION: Amend the description of the proposed zoning district to read as follows: HA district on the southerly corner of Waltham Street andVineBrook Road- bounded and described as follows: NORTHERLY by the corner rounding. at Waltham Street and Vine Brook Road, 15.7 feet; NORTHEASTERLYbyVine Brook. Road 168 feet, more or less,.- to__the land now or formerly of Nielsen.; SOUTHEASTERLY by land now or formerly of Nielsen, 58 --� feet, more or less; SOUTHWESTERLY by land now or formerly of Bickford, 6 feet; SOUTHEASTERLY_.by_ a line parallel to.. the._southeasterly line of Waltham Street and 175 feet, more or less, southeasterly therefrom, which line extends southwesterly to the intersection of the common boundary of lands now or formerly of Tropeano 279 Article 73. and of the Lexington Professional Building Trust with (Cont. ) the southwesterly boundary of land now or formerly of Bickford, a distance of 73 feet, more or less; and by and through the land now or formerly of The Lexington Professional Building Trust to the northeasterly boundary of Lot 15, as shown on Assessors' Map 49, it being the northwesterly boundary of the land described in deed of the Roman Catholic Archbishop of Boston dated April 9, 1957 and recorded in Middlesex South District Registry of Deeds in Book 8933, Page 164 , a distance of 127 feet, more or less; SOUTHWESTERLY by said northeasterly boundary of the afore- said Lot 15, owned now or formerly by The Lexington Professional Building Trust, 162 feet, more or less; WESTERLY by Waltham Street, 26.1 feet, more or less. 10:25 P. M. Mr. and Mrs. John G. Orcutt of. 1 Vine Brook Road were recognized and showed slides and are in favor of the amended motion as offered by Mr. Dailey. 10:31 P. M. Eric T. Clarke stated that a majority of the Planning Board are in favor of the main motion and that on the amended motion two are in favor, two are opposed and one abstained. Mr. Clarke filed the Planning Board Report covering Article 73. 10:35 P. M. " Weiant Wathen-Dunn makes the following motion: MOTION: Move to refer the subject matter of Article 73 to the Planning Board for further study, the Planning Board to report and to make recommendations to a subsequent Town Meeting not later than the 1972 Annual Town Meeting. 10:38 P. Erik Lund, Chairman of the Planning Board, stated that he is in favor of referring the subject matter of Article 73 to the Planning Board. 10:43 P. M. L_ The motion to refer the subject matter of Article 73 to the Planning Board, as offered by Mr. Wathen-Dunn, is declared carried by voice vote. 10:46 P. M. Paul A. Plasse moved for reconsideration of Article 57. 10:47 P. M. Carl Blake and Charles F. Gallagher, Jr. favor reconsideration of Article 57. 10:50 P. M. Reconsideration of Article 57 as moved by Mr. Plasse, is declared carried by voice vote. 10:50 P. M. Article 57. Presented by Carl Blake. MOTION: That this article be indefinitely postponed. Carried. Unanimously 10:50 P. M. Article 74. Presented by William J. Dailey, Jr. r- MOTION: That this article be indefinitely postponed. Carried Unanimously 10 :50 P. M. Article 75. Presented by Frank I. Michelman. MOTION: That favorable action be taken- under this article. 10:52 P. M. 280 Article 75. (Article 75 as it appeared in the Warrant for this (Cont. ) meeting: To see if the Town will vote to amend the General By- Laws, Article XXIV Sections 6 and 25, by substituting therefore the text set forth in the attachment to this Petition. ARTICLE XXIV, Section 6 (1) Except as provided herein, or otherwise by law or by-law, or by easement, license, or privilege duly granted, no person shall place or maintain in any public way or parking lot any goods, wares, merchandise, -, furniture, or other chattels not related or incidental to the normal and convenient use of such way or lot for travel, passage, or parking. (2) A person proposing (a) to distribute- leaflets, handbills, or -other literature, or to gather signatures for an initiative, referendum, candidacy, petition, organizational membership drive:, public statement, or other similar document or matter; or (b) to engage in other activity not conducted- primarily for commercial purposes, may make written application to the Town Manager or his designee for permission to conduct such activity in a public way or parking lot, and in connection therewith to place- and maintain in such public way or parking lot furniture or other chattels. Such permission shall be granted_ unless theTownMan- ager or his designee- finds that the proposed activity would be an actual, substantial., and serious hindrance to free movement, passage, or parking by members of the public. Any suchapplication shall be deemed to have been granted unless the Town Manager or his designee shall make known that he has denied it, or granted it subject to condition or modification, by not later than twenty-four hours after it was submitted. Activity within the scope of any such permission, or of any such -1 application if the application is not acted upon as hereinabove provided, shall not be deemed to violate paragraph (1) of this section. (3) A person may conduct any activity described in clause (a) of paragraph (2) in a public way or parking lot, and may there make such use of furniture or other chattels as may reasonably necessary or convenient for the conduct of such activity, without having first obtained a permit therefor, except that such person may be requested by the Chief of Police or any two Selectmen to suspend such activity if in his or their opinion it is, or is likely to become, an actual, substantial, and serious hindrance to free movement, passage, or parking by members of the public. Whenever such a request is made, the activity shall be suspended until a permit to engage in it shall have been granted (or deemed to be granted) by the Town Manager as provided in paragraph (2) of this section. ARTICLE XXIV, Section 25 (1) No person shall engage or take part in any game, sport, picnic, performance, sale, fair, ceremony, celebration, or public meeting on- the Battle Green or other public open area without the written permission of the Town Manager. (2) A person, group, or organization proposing to hold a public meeting or other such activity, not con- ducted primarily for commercial purposes, in or on any such area may make written application to the Town Manager for permission to conduct such activity. Article 75. (Cont. ) Permission shall be granted unless the Town Manager determines that the proposed activity would, taking into account its scope, intensity, duration, and proximity in time and place to other activities to be conducted in the same area, be an unreasonable inter- ference with the normal use and enjoyment of the area by members of the public. The Town Manager may impose conditions or modifications in granting permission, insofar as necessary to prevent the activity from constituting such an unreasonable interference. a (3) An application submitted under paragraph (2) of this section shall contain such information as the Town Manager may reasonably require as necessary for L the performance of his responsibilities under said paragraph, and shall state that the applicant or applicants will take reasonable measures to prevent littering and will remove all his or their equipment and material from the public area promptly upon completion of. the- activity for which permission is requested. (4) The Town Manager shall act on any application submitted under paragraph (2) of this section within three days from the time of its receipt. In exercising his powers under the said paragraph, the Town Manager shall apply uniform and consistent standards to all applications, shall make such standards known to applicants, and shall explain to applicants in reasonable detail the grounds for any denial, condition., or modification- of an application. (5) No person shall climb upon, deface, mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or:structure. on the Battle Green, or behave or conduct himself on the Battle Green other- wise than in, a. quiet and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so noble rendered. ) John J. Seitz makes the following motion: MOTION: That the subject matter of this article be referred to the Board of Selectmen for study, the Board to report its conclusions and any recommendations to the Town, by posting at the Town_Hall., on or before June 1, 1971. 10:57 P. M. Robert Cataldo moves to amend the motion as offered by Mr. Seitzby striking the date June 1, 1971 and sub- stituting therefor the date December 1, 1971. 10:58 P. M. James M. McLaughlin moves the previous question which was declared carried by voice vote. 11 P. M. The motion to amend, as offered by. Mr. Cataldo, declared carried by voice vote. 11 P. M. Mr. Seitz's motion, as amended by Mr. Cataldo, now r- reads: MOTION: That the subject matter of this article be referred to the Board of Selectmen for study, the Board to report its conclusions and any recommendations to the Town, by posting at the- Town-Fall, on or before December 1, 1971. Mr. Seitz's motion, as amended by Mr. Cataldo, declared carried by voice vote. 11 P. M. 282 Article 76. Presented by John J. Maguire. MOTION: That the Town adopt the following resolution and instruct the Selectmen to transmit the same, together with the report of the Town's action thereon, to the Governor, the President of the Senate and the Speaker of the House of Representatives of the Commonwealth: WHEREAS property taxes in the Commonwealth of Massa- chusetts are among the highest in the nation, WHEREAS the Master Tax Plan Commission has referred to the local, property tax as an inequitable and regressive form of taxation, BE IT RESOLVED, that, the Town of Lexington petitions the Great and General Court of the Commonwealth of LJ Massachusetts to concentrate its attentions on consideration and early adoption of a revised tax program for the Commonwealth and its municipalities that will alleviate the undue share of the burden borne by local, property taxpayers. 11 :03 P. M. John J. Maguire presented the following: MOTION:- That the subject matter of this article be referred to a-:study committee composed of the Chair- man of the Board of. Selectmen;, the Chairman of the Appropriation_Committee, and the Chairman of the School Committee and six citizens of Lexington to be appointed by the Moderator; and that this committee report its conclusions and recommendations to the next annual town meeting. 11:07 P. M. Mr. Maguire's motion to refer the subject matter of Article 76 to a committee was declared carried by voice vote. 11:08 P. M. Article 77. Presented by Lilah H. Groisser. MOTION: That the Selectmen be and they hereby are authorized to release lots 166-167, inclusive, on Valleyfield Street from the restrictions imposed in a certain deed from the Town to Edward E. Domings and Mary L. Domings conveyiRgAlts 166-167 'on- Valleyfield Street, which deed is daEeq415, 1968 and recorded in Middlesex South District Registry of Deeds, Book 11493, Page 147; that the minimum amount to be paid for such release shall be $2,000.00; and that the instrument of release shall be in such form as the Selectmen, _ by the execution thereof, shall approve. 11 :08 P. M. After genexal_discussion, Mark Moore, Jr. moved the previous, question which. was declared- carried by voice vote. 11:27 P. M. Voice vote on the main;,motion. was. not unanimous, so a standing vote was taken as follows : ' In Favor Tellers Opposed 29 Leslie H. York 7 17 Joseph A. Trani 15 36 James F. Fenske 17 28- William J. Scouler 9 110 48 More than the required two-thirds having voted in favor, the motion, as presented by Mrs. Groisser, declared adopted. 11:30 P. M. 2 8 3 Article 78. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 11:30 P. M. Robert Cataldo moved that the meeting be dissolved. Carried Unanimously 11:30 P. M. ' -17rr.461,44A -12frz'y ' Mary R. McDonough, Town- Clerk [- 284 (WARRANT FOR SPECIAL_REFERENDUM -- See Warrant Book) SPECIAL REFERENDUM UNDER AMEND ZONING BY-LAW BY ADDINGARH-SUBSIDIZED HOUSING DISTRICTS A DISTRICT ON THE EASTERLY SIDE OF BEDFORD STREET. MAY 3, 1971 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, May the Third in the year of our Lord nineteen hundred and seventy-one at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Henry P. Meade Eileen J. Fradette Inspector Alice G. Marshall Margaret S. Magner Inspector Ida B. Fisk Precinct Three Precinct Four Randall W. Richards Warden Michael Lovezolla Edna R. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary F. McCauley Dolores M. Swan Inspector Edna F. Marshall Mary C. Casey Inspector Rose J. Grant Precinct Five Precinct Six Joseph 0. Rooney Warden Mary J. Ferry Helen L. Perry Clerk Elizabeth F. Downey Alice Lillian Osgood Inspector Sally S. Hooper Mary F. Irwin Inspector Mary V. Spencer Margaret S. Wilson Inspector Helen G. Garten The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M., after which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct One 2,850 (Twenty-eight hundred, fifty) Precinct Two 2,522 (Twenty-five hundred, twenty-two) Precinct Three 2,401 (Twenty-four hundred, one) Precinct Four 2,372 (Twenty-three hundred, seventy-two) Precinct Five 2,713 (Twenty-seven hundred, thirteen) Precinct Six 2,1.59 (Twenty-four hundred, fifty-nine) Total 15,317 (Fifteen thousand, three hundred seventeen) Reconciliation sheets were delivered to the Town Clerk at her office. 285 The Registrars of Voters and the Town Clerk canvassed the results as follows: Precinct One 1,339 (Thirteen hundred, thirty-nine) Precinct Two 1,245 (Twelve hundred, forty-five) Precinct Three 1,315 (Thirteen hundred, fifteen) Precinct Four 1,210 (Twelve hundred, ten) Precinct Five 1,603 (Sixteen hundred, three) Precinct Six 1,269 (Twelve hundred, sixty-nine) Total 7,981 (Seven thousand, nine hundred, eighty-one) r— QUESTION NUMBER ONE Vaal]. the Town vote to approve the action of the representative town meeting whereby it was voted to amend the Zoning By-Law by adding under RH-Subsidized Housing Districts a district on the easterly side of Bedford Street described substantially as follows: Southwesterly by Bedford Street 40.08 feet; Northwesterly by land of Carine 122.10 feet; Southwesterly by land of Carine and Rice 125 feet; Northwesterly by land of Savage 240 feet; Southwesterly by land of Savage and others 303.20 feet; Northwesterly by land of Stickle 484.1 feet; , Northeasterly by land of Riley 152.46 feet; Easterly by land of B and M Railroad 577.60 feet; Southeasterly by land of Lexington Lumber Company 497.40 feet; Southwesterly by land of Balazy and Curran 130 feet; and Southeasterly by land of Curran 125 feet. Pr. 1 Pr. 2 Pr. 3 Pr. 4 Pr. 5 Pr.6 Totals Yes 380 446 )1111 528 537 386 2,718 No 943 797 865 669 1026 875 5,175 Blanks 16 2 9 13 40 8 88 r— Totals. 1,339 1,245 1,315 1,210 1,603 1,269 7,981 In accordance with Chapter 381 of the Acts of 1954, more than the necessary 20% having voted to reverse the action of the April 5, 1971 Adjourned Town Meeting, the action stands reversed and Article 72 is not adopted. 7n,r c-v,,o-wojk Town Clerk 28$ (WARRANT FOR SPECIAL TOWN MEETING - See Warrant Book) SPECIAL TOWN MEETING HELD JUNE 14, 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :10 P. M. in the Cary Memorial Hall. There were 196 Town Meeting Members present. The invocation was offered 'by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8:10 P. M. The Moderator introduced John F. Cusack, Representative in the General Court and the Representative from Precinct One, who was seated in the balcony. 8 :11 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8 :13 P. M. The Town Clerk read the Constable's Return of the Warrant. 8:13 P. M. Article 1. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. The Moderator stated that Article 1 would remain open throughout the meeting. 8:13 P. M. Article 2.. Presented by Selectman Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for street, playground and recreational purposes, and other public purposes, the land, together. with. the buildings thereon, bounded southwesterly by Massachusetts Avenue, northwesterly by Meriam Street, northeasterly by land. of the Town, north- westerly again by 'said land of the 'Town, northeasterly again by Depot Place and southeasterly .by Depot Square, being the same premises conveyed to the Trustees of Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292, Page 107, by deed of Robert,T. Roulston et- al, Trustees, which deed is recordedin said' Registry in Book 10292, Page 114; that the Selectmen be and they hereby are authorized to contract, in the name of the Town, with any agency of the United States Government or of the Commonwealth of Massachusetts in order to obtain financial assistance for the acquisition of said land, and to receive and expend Federal and State funds for such purpose; that the sum of $400,000.00 be appropriated therefor, and that pay- ment thereof be provided by raising the sum of $12,000.00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of $388,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $388,000.00 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 5 years from their dates. 8 :16 P. M. Mr. Bailey stated that the Board of Selectmen unanimously favor passage of this motion. 8:16 P. M. The Moderator stated that he had a letter from Ernest A. Giroux, Town Meeting Member from Precinct 3, stating that because of his financial interest he would abstain from voting on Articles 2,. 3 and 4. A similar letter was re- ceived by the. Moderator from Thomas G. Taylor, Town Meeting Member 'from Precinct 2,. stating that as he was the lawyer in this particular case, that he would abstain from voting on Articles 2, 3 and 4. Mr. Bailey's motion declared lost by voice vote. 8 :19 P. M. —I 28x1 Article 3. Presented by Selectman Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for street, play- ground and recreational purposes, and other public purposes, all or any part of the land., together with the buildings thereon_, bounded southwesterly by Massachusetts Avenue, northwesterly by Meriam Street, northeasterly by land of the Town, northwesterly again by said land of the Town, northeasterly .again_:by Depot Place- and southeasterly by Depot Square., being the same r- premisesconveyedto the Trustees of Minute Man Park Realty Trust under. a Declaration of. Trust dated June 18, 1963 and recorded in. Middlesex, South District Registry of Deeds, Book 10292,. Page 107, by deed of Robert T. Roulston et al, Trustees, which deed is recorded in said Registry in Book 1029.2,- Page 114; that the Selectmen be and they hereby are authorized in the name of the Town to enter into an agreement to convey, and to convey, to said Trustees of Minute Man Realty Trust the land on Meriam Street known as the Old Fire Station Site, as the. consideration or part of the con- sideration for the conveyance to the Town- of said land of the Trustees of Minute Man Park Realty Trust, or part thereof._, authorized by vote under this article to be acquired on behalf of the Town, and said agreement and conveyance by the Town to be upon such other terms and conditions as the Selectmen may determine; and that the sum of $60,000.00 be raised and appropriated therefor. 8 :22 P. M. Mr. Bailey stated that four of the five members of the Board of Selectmen are in favor of this motion. He also stated that, if this article is passed, that he would ask that Article 4 be indefinitely postponed. 8 :25 P. M. Herbert W. Eisenberg moves to strike out after north- easterly by "-land of the Town, northwesterly again by said land of the Town, northeasterly again by Depot Place" and substitute therefore the words "a line projected from the Massachusetts Avenue face of the Hunt Block" . 8:27 P. M. The Moderator called a recess while the Town Counsel checked theamendmentas offered by Mr. Eisenberg. 8:28 P. M. The Moderator called the meeting to order at 8 :29 P. M. Mr. Eisenberg explains his amendment. 8 :32 P. M. William R. Page serves notice of reconsideration of Article 2.. 8:32 P. M. Article 3. Erik Lund, Chairman of the Planning Board, spoke in Cont.) favor of the amendment. 8 :38 P. M. Robert H. Kingston stated that the Capital Expenditures Committee were in favor of Mr. Eisenberg's amendment. 8 :41 P. M. Mr. Eisenberg moved to amend his motion by striking the words "Hunt Block" and substituting therefor the words "1775 Realty Trust Building". 8 :43 P. M. Mr. Eisenberg's motion to amend his original motion is declared carried by voice vote. 8:50 P. M. 288 Article 3. A standing vote on Mr. Eisenberg's motin, as amended, was (Cont.) taken as follows: In Favor Tellers - Opposed 31 William J. Scouler 7 30 Robert M. Gary 10 13 Joseph 0. Rooney 29 42 Allan Green 10 116 56 Mr. Eisenberg's motion-, as amended, declared carried. 8:52 P. M. Richard A. Michelson stated that the Chamber of Commerce unanimously oppose passage of this article and Article 4. 8 :53 P. M. Fred C. Bailey moved to amend his original motion by striking the figure $60,000.00 and substituting therefor the figure $40,000.00. 8 :56 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9 P. M. Mr. Bailey's motion to amend his original motion was declared carried by voice vote. 9:01 P. M. (Mainmotion, as amended, now reads: MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for street, play- ground and recreational purposes, and other public purposes, all or any part of the land, together with the buildings thereon, boundedsouthwesterlyby Massachusetts Avenue, northwesterly by Meriam Street,. northeasterly by I] a line projected from the Massachusetts' Avenue face of the 1775 Realty Trust Building-and southeasterly by Depot Square, being the: same--premises--conveyed to the Trustees of- Minute-Man- Park-Realty-Trust under a- Declaration of Trust dated June 1.84 -1963 and recorded in Middlesex South._District Registry of Deeds,. Book.. 10292, Page 107, by deed .of Robert T. Roulston et al, Trustees, which deed-is- recorded- in said Registry -in Book 10292, Pagel l4; -that the: Selectmen be- and-they hereby are - authorized in the name of the Town to enter into an agreement to convey, and to convey, to said Trustees of Minute- Man. Realty__Trust the land on Meriam Street known as the Old_ _Fir_e Station Site, as the consideration or part of the considerationfor. the conveyance to the Town of said land of- the TrusteesofMinute Man Park Realty Trust, or part thereof, authorized by vote under this article to be acquired on behalf of the Town, and said agreement and conveyance- by the Town to be upon such other terms and conditions as the- Selectmen may determine; and that the sum of $40,000.00 to be raised and appropriated therefor.) Standing vote on main motion, as amended, taken as follows: In Favor Tellers Opposed L] 36 William J. Scouler 5 23 Robert M. Gary 18 11 Joseph O. Rooney 35 19 Allan Green 39 89 97 Main motion, as amended, declared lost. 9:02 P. M. 289 Article 4.. Presented by Selectman Fred C. Bailey. Article. 4.. MOTION: That the Selectmen be and they hereby are authorized in the name and on behalf of the Town to enter into an agreement to convey, and to convey, to the Trustees of the Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292, Page 107, the land on Meriam Street known as the- Old Fire Station Site, such conveyance to be in considera- tion of the conveyance by said Trustees to the Town of a parcel of land situated on the northeasterly side of Massachusetts Avenue between Meriam Street and Depot Square in Lexington and having a uniform width of 15 feet as measured at right angles between the lines, _ and said, agreement and conveyance to be upon such other terms and conditions as the Selectmen may determine. 9:03 P. M. Mr. Bailey stated that the Board of Selectmen unanimously favor passage- of this motion. 9:05 P. M. Allan Lee Whitman, Jr. served notice of reconsideration of Article 3. 9:07 P. M. Article 4.. Sumner E. Perlman moved that Article 4 be: placed on (Cont.) the table which was declared lost by voice vote. 9 :19 P. M. Frank T. Samuel moved the previous question which was declared carried by voice vote. 9 :23 P. M. Standing vote on main motion taken as follows: In Favor Tellers 2pposed 31 William J. Scouler 10 r 42 40 49 Robert M. Gary Joseph O. Rooney 4 Allan Green 2 8 162 24 Carried 9:25 P. M. Article 5. Presented by Selectman Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for playground and recreation purposes, and other public purposes, all or any part of the land now or formerly of First Congregational Society in Lexington, said land being located at the corner of Massachusetts Avenue and Clarke Street and described in a deed from Frederick H. Rindge to Clara W. Harrington recorded in Middlesex South District Registry of Deeds, Book 1787, Page 280; and that the sum of $33 ,000.00 be _ raised and appropriated therefor. 9:27 P. M. Mr. Kenney said that the Board of Selectmen unanimously favor passage of this motion. 9:30 P. M. Robert H. Kingston stated that the Capital Expenditures Committee recommends passage of this motion. 9:40 P. M. Edward E. Furash stated that the Appropriation Committee recommend unfavorable action. 9:42 P. M. 2.90 Article 5. William T. Spencer moved to amend the motion by adding (Cont.) after the words "and other public purposes" the words "except that the land shall remain open". 9:43 P. M. Declared lost by voice vote. 9:47 P. M. The original motion, as presented by Mr. Kenney, declared carried unanimously. 9:48 P. M. Article 6. Presented by Lois W. Brown, Chairman of the Planning Board. MOTION: To amend the Zoning By-Law by changing the zoning of the land described below from RS - one family dwelling use to RM - multi-family dwelling use and by revising the Zoning Map and Zoning District Map No. RM-4 to show said_land described below as RM - multi-family (Approved dwelling district: by /Acting Land bounded SOUTHWESTERLY by the northeasterly Attorney boundary of Lot 6, as- shown on the plan recorded in General, Middlesex South District Registry of Deeds, Book 7738, Joseph J. Page22, as plan 659 of 1951, a distance of 147.57 feet; Hurley, June 23, NORTHWESTERLY by Waltham Street, as relocated by the 1971. ) Middlesex County Commissioners in July of 1925, a distance of 55.0 feet; NORTHEASTERLY by a line parallel to and distant 55 feet northeasterly 'fr--om -said northeasterly boundary of Lot 6, a distance of 146.91 feet, more or less; SOUTHEASTERLY by the northwesterly boundary ofland formerly of Sarah Eddy Holmes, now of the Town of Lexington, a distance of 55.00 feet. 9:50 P. M. Mrs. Brown presented the Planning Board- Report and stated that the Planning Board recommends passage of this motion. 9:51 P. M. Main motion, as presented by Mrs. Brown, declared -- carried unanimously. 9:55 P. M. Article 7. Presented by Robert Cataldo, Chairman of the Board of Selectmen. MOTION: That the Selectmen beand they hereby are authorized to sell and convey to the Lexington Arts & Crafts Society all or any part of a parcel of land on the southeasterly side of Waltham Street, bounded and described as follows: Northwesterly by the southeasterly line of the 1925 County layout of Waltham Street, 33 feet, more or less; Northerly by land of Lexington Arts & Crafts Society, 234 feet, more or less; Northerly again by land_of owners unknown, 14.56 feet; Southeasterly by land of the Town, 105 feet, more or less; Southwesterly by said land of the Town, 94 feet, more or less; Northwesterly by land of Hastings, 56 feet, more or less; Southerly by said land of Hastings, 130.72 feet; Southeasterly by said land of Hastings, 30 feet, more or less; and Southwesterly by land of the Town,_ 1.5 feet, more or less;- all as shown and marked "Town Owned Property to be Conveyed to Lexington Arts & Crafts Society" on plan entitled "Boundary Line Base Sheet", dated_Ma_y 3, 1971, by E. Verner Johnson - Robert N. Hotvedt and Associates, Inc. , a copy of which is on file in the office of the Town Engineer; such rV , 291 Article 7. conveyance to be subject to. the. Vine Brook sewer and (Cont.) drain easements and upon such other terms and conditions as the Selectmen may determine; that the minimum amount to be paid for such conveyance shall be $1.00; and that the deed shall be in such form as the Selectmen, by their execution thereof, shall approve. 9:57 P. M. Voice vote on this motion was not unanimous, so a standing vote taken as follows: In Favor Tellers Opposed fl 40 William J. Scouler 0 41 Robert M. Gary 1 45 Joseph 0. Rooney 0 47 Allan Green 0 173 1 More than the required two-thirds having voted in favor, the motion was declared adopted. 10:04 P. M. Article 8. Presented by Thomas G. Taylor. MOTION: That the Standing School Building Committee, appointed under authority of the vote adopted under Article 3.7 of the Warrant for the 1957 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and speci- fications, to obtain bids, and to enter into a contract or contracts for- reconstructing or making extraordinary repairs to the Bowman School roof,- together with any other extraordinary repairs of damage caused by leaks in the roof, and to supervise the work:; that the sum of $116,000.00 be appropriated therefor, and to provide for the payment thereof by transfer from the Excess and flDeficiency Account. 10:05 P. M. After general discussion, Stillman P. Williams moved the previous question which was declared carried by voice vote. 10:32 P. M. The motion, as presented by Mr. Taylor, declared carried by voice vote. 10:32 P. M. Article 9. Presented by John J. Maguire, Chairman of the School Committee. MOTION: To raise and appropriate the sum of $81,900.00 for the restoration and repair of the Senior High School building that was damaged by fire. 10:34 P. M. Declared carried by voice vote. 10:45 P. M. Article 10. Presented by Natalie H. Riff in of the Board of Selectmen. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, conservation restriction, 1 as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of the following parcels of land in. Lexington adjacent to the Burlington town line: lots 63 and 65B on Assessors' Property Map 82, believed to be now or formerly of Walter E. Steeves and Isabella Steeves; lot 19 on Assessors' Property Map 86, believed to be now or formerly of Harvey Wheeler; lot 29 on said Map 86, believed to be now or formerly of John Caldwell; lot 30 on said Map 86 , believed to be now or formerly of Jack J. Moss and Phillip Taylor; lots 30A and 39 on said Map 86, believed to be now or formerly of Middlesex Industrial Park, Inc. ; lot 3 on Assessors' Property Map 89, believed to be now 292 Article 10. or formerly of Raymond Carchia; lot. 22 .on said Map 89., (Cont.) believed to be now or formerly of Middlesex Turnpike Industrial Trust; lot 22A on said Map 89., believed to be now or formerly of Jack J. Moss; lot 32 on said Map 89, believed to be now or formerly of Route 3 Associates; and lot 1 on Assessors' Property Map 91, believed to be now or formerly of Thomas C. Wright and Sarah M. Wright; and to raise and appropriate the sum of $35,000.00 therefor. 10:47 P. M. Mrs. Riffin stated that the Board of Selectmen unanimously favor passage of this article. 10:54 P. M. G. Richard Beamon moved to refer Article 10 to a study committee to be appointed by the Board of Selectmen. Said committee to consist of three members, one of whom shall be a member of the Planning, Board, to report at the next town meeting or a special town meeting. 11:05 P. M. Mr. Beamon's motion to amend was declared lost by voice vote, which was doubted, so a standing vote taken as. follows: In Favor Tellers Opposed 3 William J. Scouler 34 4 Robert M. Gary 37 25 Joseph O. Rooney 16 26 Allan Green 23 58 110 Motion to amend, as presented by Mr. Beamon, declared lost. 11:25 P. M. J. Keith Butters moved the previous question which was declared carried by voice vote. 11:30 P. M. ; - Mrs. Riffin said that the Appropriation Committee recommended favorable action on this article. 11:31 P.M. Voice vote on the main motion, as presented by Mrs. Riffin, was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 37 William J. Scouler 1 40 - Robert M. Gary 1 30 Joseph O. Rooney 12 34 Allan Green 14 141 28 More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Riffin, was declared adopted. 11:33 P. M. Article 11. Presented by Weiant Wathen-Dann. MOTION: That the subject matter of Article .11 be referred for- study- to a committee consisting of nine I] (9) members to be appointed by the Moderator, of whom- at least three (3.) shall be- registered voters in the Town who are neither employed by the Town nor holders of any Town office, either elective or appointive; said committee to report its conclusions and recommendations to a subsequent Town Meeting -not later than the 1972 Annual Town Meeting. 11:33 P. M. (Article 11 as it appears in the warrant for the Special Town Meeting of June 14, 1971: ARTICLE 11. To see whether the Town will instruct the Selectmen to petition the General Court for the enactment 293 Article 11. (Article as it appears in warrant (cont.) . (Cont.) of legislation, to take effect on the last day of June immediately following its enactment, amending section 2 of chapter 753 of the Acts of 1968 by adding at the end of the said section 2 the following: (i) Appointments of members of the board of appeals, board of assessors, town comptroller, and town counsel shall be effective only after approval by the town meeting, or by a committee of town meeting members established by the town meeting for the purpose of reviewing such appointments. Any vote of the town meeting •.•••• establishing such a committee shall provide a method for selecting its members from time to time, and shall authorize and direct such committee to meet as required in order to carry out its duties expeditiously. Any such vote may further define the manner in which such committee shall be constituted and shall carry out its duties.) Weiant Motion, as presentedbx/Wathen-Dunn declared carried unanimously. 11:36 P. M. Article 12. Presented by Frank Sandy. MOTION: To enlarge the membership of the Conservation Commission, established under the provisions of Section 8C of Chapter 40 of the General Laws of Massachusetts by authority of the vote adopted under Article 9 of the Warrant for the November 25, 1563 Special Town Meeting, from five to seven members. 11:37 P. M. M. Chandler Crocker, II moved to amend the motion by adding at the end the words. "each precinct. shall -have at least one member of the. Commission. 11:42 P. M. r- Declared lost by voice vote. 11:44 P. M. Standing vote on Mr. Sandy's motion, taken as follows: In Favor Tellers Opposed 28 William J. Scouler 5 37 Robert M. Gary 0 18 Joseph 0. Rooney 21 34 Allan Green 5 117 31 Motion, as presented by Mr. Sandy, declared carried. 11:46 P. M. Article 13. Presented by Mark Moore, Jr. MOTION: To amend the Zoning By-Law by adding a new paragraph number 22.47 under RM DISTRICTS, Geographical Descriptions, the following: "A district on the easterly side of Bedford Street, bounded and described as follows: fl SOUTHWESTERLY by Bedford Street, 40.08 feet; NORTHWESTERLY by land now or formerly of Carine, 122.10 feet; _ SOUTHWESTERLY by land now or formerly of Carine and Rice, 125 feet; SOUTHEASTERLY by land now or formerly of Rice, 114.5 feet; SOUTHWESTERLY by Bedford Street, 75 feet; NORTHERLY by a curved line, 38 feet, more or less; 294 Article 13. NORTHWESTERLY by land now or formerly of. Savage, 348 (Cont. ) feet, more or less; SOUTHWESTERLY by land now or formerly of Savage and others, 252.2 feet, more or less; NORTHWESTERLY by land now or formerly of W. Z. Stickle, 484.1 feet; NORTHEASTERLY by land now or formerly of: Riley, 152.46 feet; EASTERLY by land now or formerly of B and M Railroad, 577.60 feet; SOUTHEASTERLY by land now or formerly of Lexington Lumber Company, 497.40 feet; SOUTHWESTERLY by land now or formerly of Balazy and Curran,. 130 feet; and SOUTHEASTERLY by land now or formerly of Curran, 125 feet to the point of beginning. 11:48 P. M. Mark Moore, Jr. and Charles H. Cole, 2nd, Town Meeting Member from Precinct Three and Architect for this project, both stated that they would abstain from voting: on Article 13. 11:49 P. M. Mr. Moore gave an explanation of his project and, with the help of his Attorney, Fred Conroy, showed slides. 11:59 P. M. Lois W. Brown, Chairman of the Planning Board, filed the Report of the Planning Board, and stated that the board unanimously opposed. Mr. Moore's proposal. 12 :07 A. M. Mr. Hagopian, Mr. Trunfio, Mr. Lane and Mr. Stepanian, all residents of Carol Lane, spoke from the balcony in opposition. 12:18 A. M. The residents of the area presented a petition with 1.79 names opposing Mr. Moore's proposal. 12:18 A. M. Manfred P. Friedman moved the previous question which was declared carried by voice vote. 12:25 A. M. Standing vote on Mr. Moore's motion taken as follows: In Favor 2pposed Tellers 12 24 William J. Scouler 15 24 Robert M. Gary 23 22 Joseph O. Rooney 20 26 Allan Green 70 96 Main motion, as presented by Mr. Moore, declared lost. 12:27 A. M. Robert Cataldo, Chairman of the Board of Selectmen, moved that the meeting be dissolved. Carried Unanimously 12:28 A. M. -17/plir ;W. #rmA14.2.1 Mary R. McDonough, Town Clerk 2 5 9 a Richard H. Soule, 16 Hancock Street, resigned as a Town Meeting Member in Precinct Three as of July 6, 1971. Doreen D. Plasse, 197 Cedar Street, was moved up, and has accepted Town Meeting Membership in Precinct Three as of July 8, 1971, filling the vacancy caused by the resignation of Mr. Soule. Term expires on March 6, 1972. ' Wilbur E. Cheever, 268 Bedford Street, Town Meeting Member in Precinct Five, died on September Li.., 1971. LIDavid A. Lavender, 20 Avon Street, was moved up, and has accepted Town Meeting Membership in Precinct Five as of September 21, 1971, filling the vacancy caused by the death of Mr. Cheever. Term expires on March 6, 1972. David Page Norcross, 50 Forest Street, resigned as a Town Meeting Member in Precinct Six as of October 15, 1971. James L. Jones, 45 Middle Street, was moved up, and has accepted Town Meeting Membership in Precinct Six as of October 27, 1971, filling the vacancy caused by the resignation of Mr. Norcross. Term expires on March 6, 1972. Robert H. Farwell, 7 Thoreau Road, resigned as a Town Meeting Member in Precinct One as of November 15, 1971. Barry E. Sampson, 337 Massachusetts Avenue, was moved up, and has accepted Town Meeting Membership in Precinct One as of November 17, 1971, filling the vacancy caused by the resignation of Mr. Farwell. Term expires on March 6, 1972. I Wilbur M. Jaquith, 42 Somerset Road, resigned as a Town Meeting Member in Precinct Three as of November 214., 1971. Mark Lichtenstein, 9 Augudus Road, was moved up, and has accepted Town Meeting Membership in Precinct Three as of December 2, 1971, filling the vacancy caused by the resignation of Mr. Jaquith. Term expires on March 6, 1972. 296 The resignation of Richard D. Johnston, 10 Minola Road, as a Town Meeting Member from Precinct 1 was received January 20, 1972. This resignation was received too late to push anyone up to replace Mr. Johnston as the Town Meeting Member incumbents had t9 file by January 17, 1972. The resignation of William R. Whalon, 14 Benjamin Road, as a Town Meeting Member from Precinct L. was received February ]4, 1972. The resignation was received too late to push anyone up -to replace Mr. Whalon as the Town. Meeting Member incumbents had to file by January 17, 1972. 297 (WARRANT FOR ANNUAL TOWN MEETING - See Warrant Book) ANNUAL TOWN MEETING MARCH 6, 1972 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March the Sixth in the year of our Lord nineteen hundred and seventy-two at 7 :00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The following election officers, having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Henry P. Meade Eileen J. Fradette Inspector Alice G. Marshall Margaret S. Magner Inspector Ida B. Fisk Precinct Three Precinct Four Randall W. Richards Warden Edna F. Marshall Edna D. Anderson Clerk Mary G. Oliver Marjorie Modoono Inspector Mary G. McCauley Dolores M. Swan Inspector Rose J. Grant Winifred E. Ivester Inspector Helen C. Rooney Precinct Five Precinct Six Helen L. Perry Warden Mary J. Ferry Alice L. Osgood Clerk Elizabeth F. Downey Mary F. Irwin Inspector Sally S. Hooper Margaret S. Wilson Inspector Florence M. Downe Mary C. Casey Inspector , Mary V. Spencer The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were closed. The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: Precinct Independents Republican Democrats Totals One 1,290 638 1,225 3 ,153 Two 1,174 626 965 2,765 Three 978 944 760 2,682 Four 1,005 791 888 2,684 -� Five 1,094 915 992 3,001 Six 1,156 753 818 2,727 Totals 6,697 4 ,667 5,648 17,012 Reconciliation sheets were delivered to the Town Clerk at her office. 298 The Registrars of Voters and the Town Clerk canvassed the result as follows: Precinct One 1,517 registered voters cast their vote Precinct Two 1,309 registered voters cast their vote Precinct Three 1,357 registered voters cast their vote Precinct. Four 1,424 registered voters cast their vote Precinct Five 1,546 registered voters cast their vote Precinct Six 1,149 registered voters cast their vote Total 8 ,302 registered voters cast their vote 48.8% of the 17,012 registered voters cast their vote. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals ._. SELECTMEN Fred C. Bailey 771 607 906 810 946 730 4,770 Robert Cataldo 773 685 602 653 690 546 3 ,949 Sanborn C-. Brown 855- 756 788- 857 893 696 4,845 Blanks 635 570 418 528 563: 326 3 ,040 Totals 3,034 2,618 2,714 2,848 3,092 2,298 16,604 Fred C. Bailey and Sanborn C. Brown were elected Selectmen for three years. SCHOOL COMMITTEE Jacqueline B. Davison 657 614 751 774 775 542 4,113 Patricia A. Swanson 724 613 527 583 695 532 3,674 Blanks 136 82 79 67 76 75 515 Totals 1,517 1,309 1,357 1,424 1,546 1,149 8,302 Jacqueline B. Davison was elected to the School Committee for -, three years. PLANNING BOARD '-' Stanley A". Brown 667 658 703 803 789 531 4,151 Anthony L. Mancini 703 520 561 526 641 515 3,466 Blanks 147 131 93 95 116 103 685 Totals 1,517 1.,309 1,357 1,424 1546 1149 8,302 Stanley A. Brown was elected to the Planning Board for five years. MODERATOR Lincoln P. Cole, Jr. 1,099 977 1,085 1,089 1,204 884 6,338 Blanks 418 332 272 335 342 265 1,964 Totals 1,517 1,309 1,357 1,424 1,546 1,149 8 ,302 Lincoln P. Cole, Jr. was elected Moderator for one year. LEXINGTON HOUSING AUTHORITY Joseph 0. Rooney 1,004 835 947 981 1,038 802 5,607 Blanks 513 474 410 443 508 347 2,695 Totals 1,51.7 1,309 1,357 1,424 1,546 1,149 8,302 _„ Joseph O. Rooney was elected to Lexington Housing Authority for five years. 299 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals QUESTION NUMBER ONE "Shall licenses be granted in this town for the operation, holding or conducting a game commonly called beano?" Yes 509 396 343 411 467 368 2 ,494 No 441 423 585 534 553 413 2,949 Blanks 567 490 429 479 526 368 2,859 Totals 1,517 1,309 1,357 1,424 1,546 1,149 8,302 r- TOWN MEETING MEMBERS - PRECINCT ONE *William A. Busa 633 Robert J. Burns 414 *J. Keith Butters 672 William R. Cataldo 474 *James Cataldo 588 Charles W. Durkin 497 Barry F. Daley 510 **Nathaniel B. Guild 520 *Edwin H. Farr 579 Richard Heller 442 *Homer J. Hagedorn 675 Carmine Massimilla 371 *Howard M. Bassler 643 Janice R. McDonough 428 **Joseph P. Marshall 523 Francis B. McNamara, Jr. 384 *Jack L. Mitchell 533 William J. Moretti 408 ***Barry E. Sampson 516 William J. O'Neil 419 *Weiant Wathen-Dunn 599 Sam Silverman 458 *Bernice O. Weiss 549 Miles M. Strodel 242 *Ephraim Weiss 620 *Albert P. Zabin 621 Vito M. Bellino 423 Blanks 7 ,497 *Elected for three years. **Elected for two years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT TWO r- *Eric T. Clarke 617 Van T. Boughton, Jr. 355 *Norman N. Connolly 476 John P. Carroll 367 Frederic D. Corazzini 412 William Costello 408 David B. Cushman 298 George R. Cotten 261 Luigi R. DiNapoli 382 William F. Delay 322 *Arthur F. Douglass 418 *Eric B. Kula 442 *Elizabeth M. Flynn 455 *Michael J. O'Sullivan 419 *Angela E. Frick 606 Shirley E. Parsons 362 *Allan Green 454 David W. Riley 232 *Thomas G. Taylor 438 Charlotte Sanderson 363 *Judith J. Totman 545 *Arthur C. Smith 611 Alice W. Albertine 300 Blanks 3 ,856 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT THREE *Charles H. Cole, 2nd 634 Francis J. Fruhbeis 178 *Charles F. Gallagher, Jr.640 *Elizabeth C. Haines 629 *Donald M. Graham 637 *Robert B. Kent, Jr. 587 *Mark Lichtenstein 478 Spencer Lavan 408 Russell B. Mason 415 George F. McCormack 363 *William R. Page 665 Setha G. Olson 402 Doreen D. Plasse 417 *Daniel I. Small 637 — *William T. Spencer 662 Ira Stepanian 258 *Leslie H. York 495 Charles A. Withrow, Jr. 338 I__ Fredric S. Cohen 307 William J. Young 352 *Norman P. Cohen 523 Blanks 4,902 *Elected for three years. 300 TOWN MEETING. MEMBERS - PRECINCT FOUR - *Wallace B. Baylies, Jr. 641 *Nyles Nathan Barnert 628 Robert A. Bowyer 515 *Guy D. Busa 526 *William J. Dailey, Jr. 681 Norman C. Carlson 403 *James F. Fenske 653 *Peter W. Clark 562 Evert N. Fowle 510 Benjamin J. Cohen 382 Malcolm R. Gavin 472 Edward E. Furash 509 *Martin A. Gilman 535 David M.Hamblen 381 *Walter T. Kenney, Jr. 623 Daniel L. McCabe 296 *Robert H. Kingston -548 *Mary K. McKenney 659 *Joseph A. Trani 548 **Judith J. Uhrig 520 r-, Francis E. Armstrong 348 Blanks 6,148 *Elected for three years. "" **Elected for two years. TOWN MEETING MEMBERS - PRECINCT FIVE *G. Richard Beamon. 706 *William J. Scouler 728 ***Roy Edward Cook 562 *Allen Lee. Whitman-, Jr. 732 *Kenneth M. Cox 645 James L. Grant 487 ***M. Chandler Crocker, II 589 Kingston L. Howard 513 *William P. Fitzgerald 745 . =James T. Pitarys 501 *Manfred P. Friedman 739 William W. Plummer 501 *Donald K. Irwin 720 *Edith Sandy 716 David A. Lavender 561 Camille B. Skov 484 *David Reiner 693 *Iris G. Wheaton 732 *Frank Sandy 830 Blanks - 7,914 *Elected for three years. ***Elected for one year. TOWN MEETING MEMBERS - PRECINCT SIX *Leon A. Burke, Jr. 597 Burton H. Bloom 388 *Joseph J. Downey 513 *Joan N. L. Collins 543 *Ralph H. Hall 517 Raymond W. Gaddis 333 *James L. Jones 452 *Peter C. J. Kelley 488 *Diane Lund 617 Richard A. Maclnnis 411 *John J. Maguire 658 ****Burt E. Nichols 441 *Richard A. Michelson 601 ****Stanley E. Toye 441 *Richard M. Perry 573 Roy Weinstein 366 *William Spencer Sullivan 497 Blanks 5,352 *Elected for three years. ****Tie. Special election March 20, 1972 to determine the winner of the two year term. 4 Xf i ! Mary R. McDonough, Town Clerk Robert A. Bowyer, 7 Woodcliffe Road, runner-up for Town Meeting Member, Precinct Four at the Annual Town Election onMarch6, 1972, -- was moved up, and has accepted as of March 8, 1972, the position of Town Meeting Member in Precinct Four, filling the vacancy caused by the resignation of William R. Whalon, 14 Benjamin Road on February 14, 1972. Mr. Bowyer's term expires March 1973. =Or 301 David F. Toomey, 9 Spencer Street, Town Meeting Member in Precinct One, died on February 28 , 1972. Barry F. Daley, 51 Laconia Street, next in line at the March 6, 1972 Annual Town Election, was moved up and has accepted as of March r— 10, 1972, Town Meeting Membership in Precinct One, filling the vacancy caused by the death of Mr. Toomey. Term expires in March 1973. Carl Blake, 4 Wachusett Circle, resigned as a Town Meeting Member in Precinct Four as of March 9, 1972. Evert N. Fowle, 12 Winthrop Road, next in line at the March 6, 1972 Annual Town Election, was moved up and has accepted as of March 14, 1972, Town Meeting Membership in Precinct Four, filling the vacancy caused by the resignation of Mr. Blake. Term expires in March 1973. Sanborn C. Brown, 37 Maple Street was elected Selectman on March 6, 1972 therefore he is automatically a Town Meeting Member At Large. Mr. Brown resigned as a Town Meeting Member in Precinct One as of March 14, 1972. Charles W. Durkin, 18 Manley Court, next in line at the March 6, 1972 Annual Town Election, was moved up and has accepted, as of March 16, 1972, Town Meeting Membership in Precinct One, filling the vacancy caused by the resignation of Mr. Brown. Term expires in March 1973. 302 SPECIAL ELECTION - TOWN MEETING MEMBERS _ PRECINCT SIX MARCH 20, 1972 At the Annual Town Election held March 6, 1972 Burt E. Nichols Li and Stanley E. Toye received 441 votes each for Town Meeting Member from Precinct Six, therefore creating a tie. A special election of town meeting members from Precinct Six Only was held Monday, March 20, 1972 at 7:30 P. M. in Estabrook Hall to determine who would fill the vacancy until the Annual March Election in 1974. There were 20 town meeting members from Precinct Six present. Chairman of the meeting: Richard A. Michelson. Secretary of the meeting: James M. McLaughlin A secret ballot was taken - results as follows: Burt E. Nichols 7 Stanley E. Toye 13 Stanley E. Toye was elected Town Meeting Member from Precinct Six for a term of two years, ending in March 1974. ikeo44_ )7a10-0AAA 147, I d .� Mary R. McDonough, Town Clerk 303 ANNUAL TOWN MEETING HELD- MARCH 20, 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P. M. in Cary Memorial Hall. There were 203 Town Meeting Members present. The invocation was offered by Rev. Edward J. Gaudette, Assistant Pastor, St. Brigid's Church. 8 :10 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, asked that the meeting pause for a moment of silence in memory of David F. Toomey, Town Meeting Member from Precinct One and Wilbur E. Cheever, Town Meeting Member from Precinct Five who had died since the last town meeting. 8:11 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8 :12 P. M. The- Town Clerk read the Constable's Return of the Warrant. 8 :12 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee moved that the Report of the Committee be accepted and placed on file. Mr. Furash stated that, if the recommendations of the Appropriation Committee are followed, the 1972 tax rate would be $67.00, an increase of $3.20 over 1971. Mr. Furash's motion carried unanimously. 8 :13 P. M. Lois W. Brown, Chairman of the Planning Board, moved that the Planning Board Report on Waltham Street Rezoning, Vine Brook- Road to #114 Waltham Street (referred to the Planning Board for study and report under Article 73 of the Warrant for the 1971 Annual Town Meeting) be accepted and placed on file. Carried Unanimously. 8 :14 P. M. Allen Lee Whitman, Jr. moved that the Report of the Capital Expenditures,Committee be accepted and placed on file. Carried Unaniiously. 8 :15 P. M. • Frank T. Parrish, Jr. moved_ that the Report of the Committee to Review Appointment Procedures for the Board of Appeals, Board of Assessors, Town Counsel and Town Comptroller be accepted and placed on file. Carried by voice vote. 8 :18 P. M. David Reiner, Chairman of the Cary Lecture Committee, moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 8 :18 P. M. Iris G. Wheaton moved that theReportof Regional Refuse Disposal Planning Committee for the year 1971 be accepted and placed on file. Carried Unanimously. 8 :18 P. M. i Allen F. Kenney moved that the Status Report on 1971 Articles by the Town Manager be accepted and placed on file. Carried by voice vote. 8 :19 P. M. The Moderator stated_ that Article 2 will remain open throughout the meeting. 8:19 P. M. Q Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current par. Carried unanimously. 8 :20 P. M. Article 4. Presented by Allan F. Kenney. MOTION: That the following amounts- be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. (The following read by the Moderator:) Selectmen's Department #1000 Personal Services $ 32,400.00 1050 Expenses 6,550.00 8:21 P. M. Town Manager's Office 1060 Personal Services 36,000.00 1065 Expenses 1,400.00 8 :21 P. M. Town Manager's Jurisdiction 1075 Clerical Pool 20,000.00 1090 .Professional Services 2,000.00 1125 Fire & Police Medical 3,250.00 1130 Guides Director - 1,000.00 1135 Out-of-State Travel 4,000.00 1140 Training & Travel - Out-of State 1,275.00 1141 Tuition & Training Fees 6,100.00 1142 In-State Travel 4,500.00 8 :23. P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services 12,000.00 1147 Bicentennial Comm. Exp. • 750.00 8:23 P. M. Town Clerk's Department 1150 Personal Services 34 ,100.00 1200 Expenses 800.00 1250 Vital Statistics 400.00 8:23 P. M. Trustees of Public Trusts 1450 Expenses 500.00 8 :23 P. M. Board of Appeals 1500 Personal Services 6,700.00 1550 Expenses 1,600.00 8:24 P. M. Planning Board _ 1600 Personal Services 26,600.00 1650 Expenses 2,745.00 8 :24 P. M. 1 305 Article 4. Insurance (Cont. ) #1700 Group $ 165,000.00 1750 Municipal Property & Workmen's Comp. 136,500.00 8:24 P. M. Printing Town Report 1760 Expenses 6,400.00 8 :25 P. M. Law Department 1775 Fees 34,250.00 1800 Expenses 5,000.00 8 :30 P. M. Elections • 1900 Jurisdiction Selectmen 11,000.00 1950 Jurisdiction Town Clerk 13,000.00 8 :30 P. M. Board of Registrars 2000 Personal. Services 5,650.00 2050 Expenses 6,000.00 8 :32 P. M. Appropriation Committee 2250 , Expenses 3,350.00 8 :32 P. M. The Moderator stated that all members have copies of the Code of Ethics which had been adopted by the Town Meeting Members Association. He recommended that they take due notice thereof and govern themselves accordingly. 8 :32 P. M. Article 4.C_pital Expenditures Committee (Cont.) 2300 Expenses 150.00 8 :32 P. M. Standing School Building Committee 2350 Expenses 50.00 8 :33 P. M. Permanent Building Committee 2360 Expenses 500.00 8 :33 P. M. Town Celebrations Committee 2400 Expenses 6,200.00 8:33 P. M. Historic Districts Commission 2450 Expenses 1,725.00 8 :34 P. M. Conservation Commission 2460 Expenses 1,900.00 •8:34 P. M. Melvin G. Holland moved to amend Account #2460 by deleting the figure $1,900.00 and substituting therefor the figure $7,900.00. 8 :35 P. M. 306 Article 4. Mr. Holland stated that with the additional $6,00.00 in (Cont.) the Conservation Commission budget that they could hire a professional land negotiator. 8 :37 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose Mr. Holland's amendment. 8 :38 P. M. Howard M. Kassler stated that the Conservation Commission had mixed feelings regarding the amendment. He stated that if the money was voted, the Commission would use it only as the Town Manager and the Board of Selectmen wanted them to use it. 8 :43 P. M. The amendment, as presented by Mr. Holland, declared lost by voice vote. 8 :47 P. M. Recreation Committee #2470 Personal Services $ 53 ,800.00 2480 Expenses 16,850.00 Edward E. Furash moved to amend Account #2480 by deleting the figure $16,850. 00 and substituting therefor the figure $13,850.00. 8 :47 P. M. Mr. Furash's motion to amend is declared lost by voice vote. 8:58 P. M. Treasurer's Department 2500 Personal Services 16,800.00 2525 Expenses 690.00 2575 Foreclosure & Redemption 1,500.00 9 P. M. Collector's Department 2650 Personal Services 22,60-0.00 2700 Expenses 2,385.00 9 P. M. Comptroller 2800 Personal Services 66,000.00 2850 Expenses 2,900.00 9 :01 P. M. Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 10,750.00 2930 Office Machines - Maint. & Repair 5,550.00 2935 Office Services - Copier Supplies 2,200.00 2940 Metered Mail 9,100.00 9:02 P. M. Assessors' Department 2950 Personal Services 44,200.00 3000 Expenses 1,700.00 9:02 P. M. Health Department 3250 Personal Services 27,300.00 3300 Expenses 9,700.00 3400 Animal Inspection 1,520.00 3450 Rabies Clinic 1,200.00 9:02 P. M. • 307. Article 4. Health Jurisdiction - Dog Officer (Cont.) #3500 Personal Services 8,670.00 3550 Expenses 2,600.00 9 :03 P. M. Police Department 3750 Personal Services (Of which $8,500.00 is to be transferred from the Parking Meter Fund) 696 ,650.00 fl 3800 Expenses 72,100.00 3900 Parking Meter Maintenance 3 ,000.00 (Of which $3 ,000.00 is to be transferred from the Parking Meter Fund) 9:03 P. M. Fire Department 4100 Personal Services 671,500.00 4150 Expenses • 36,520.00 4200 Ambulance Maintenance 1,200.00 4250 Forest Fires 100.00 9:03 P. M. Local Disaster Services 4300 Personal Services • 1,500.00 4350 Expenses 2,075.00 4360 Auxiliary Fire Expense 400.00 9 :03 P. M. Inspection Department 4450 Personal Services 41,200.00 4500 Expenses 1,300.00 9:04 P. M. Public Works Department 4900 Personal Services 741,222.00 9 :04 P. M. Public Works - Sup'ts. Office 4950 Personal Services 75,180.00 5000 Expenses 3 ,950.00 9:04 P. M. Engineering Department 5100 Personal Services 173,100.00 5150 Expenses 4 ,750.00 9 :04 P. M. Town Offices & Cary Memorial Building 5200 - Personal Services 35 ,880.00 5250 Expenses 88,750.00 9:05 P. M. Highway Maintenance 5400 Expenses 38,000.00 (Of which $3,000.00 is to be transferred from the Parking Meter Fund) 9:05 P. M. 308 Article 4. Road Machinery (Cont.) #5450 Expenses $ 72,000.00 9:05 P. M. Snow Removal 5500 Expenses 115,000.00 (Of which $2,700.00 is to be transferred from the Parking Meter Fund) 9 :05 P. M. Traffic Regulation & Street Signs 5550 Expenses 9,000.00 9:10 P. M. Street Lights= 5600 Expenses 120,000.00 William R. Page moved to amend item #5600 - Street Lights by striking out the sum of $120,00 and substituting therefor the sum of $100,000.00. Amendment declared lost by voice vote. 9 :17 P. M. Sewer Maintenance 5700 Expenses 18 ,000.00 9:18 P. M. Sewer Services 5750 Expenses 6,000.00 9:18 P. M. Garbage Collection 5800 Contract 85,300.00 9:18 P. M. Sanitary Land Fill 5850 Expenses 47 ,400.00 9:18 P. M. Water Maintenance & Service 5900 Expenses 39,000.00 9:18 P. M. Park 6000 Expenses 34 ,500.00 9:18 P. M. Insect Suppression 6050 Expenses 1,000.00 9:18 P. M. Shade Tree 6100 Expenses 9,000.00 .._. 9 :18 P. M. Dutch Elm Disease 6150 Expenses 1,500.00 9:18 P. M. 309 Article 4. Cemeteries (Cont.) #6350 Personal Services $ 65,000.00 (Of which $12,000.00 is to be transferred from the Westview Perpetual Care Fund and $10,700.00 to be transferred from the Westview Sale of Lots Fund.) 6400 Expenses 5,000.00 (Of which $1,500.00 is to be transferred from the Westview Sale of Lots Fund.) 9:18 P. M. Veterans' Benefits 7100 Personal Services 6,750.00 7150 Administration 875.00 7200 Aid & Expenses 55,000.00 9:19 P. M. Graves Registration • 7250 Expenses 350.00 9:19 P. M. Soldiers Burials 7300 Expenses 250.00 9:19 P. M. Cary Memorial Library. 7500 Personal Services * 250,100.00 7550 Expenses ** 71,864.00 * $11,957.25 is also available as State Aid to Libraries. ** To which will be added $5,270..24received from the County-Dog License Fees. 9:19 P. M. Board of Retirement 7800 Accrued &Normal Liability 195,586.00 7850 Expenses 2,190.00 9:21 P. M. School Operation 7900 Personal Services 9,591,658.00 7925 Expenses 1,450,464.00 7950 Out-of-State Travel 12,300.00 7960 Vocational Education, Tuition & Trans. 12,120.00 7970 Athletics 108,471.00 * To which the sum of $252,872.75 in available and anticipated P. L. 864 , P. L. 874, ESEA P. L. 89-10, P. L. 90, and State METCO funds is to be applied, and thebalance is raised and appropriated under this article. 9:22 P. M. [- Debt Payment 8500 Interest on Debt 413,848.00 8525 Interest on Anticipation loans 80,000.00 8550 Maturing Debt 1,470,000.00 9:22 P. M. Motion, as presented by Mr. Kenney under Article 4 , carried unanimously. 9:25 P. M. 310 Article 5. Presented by Allan F. Kenney. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial years beginning January 1, 1972 and January 1, 1973, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44, Section 4 , and to renew any note or notes as may be givezfor a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried Unanimously 9:25 P. M. Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:27 P. M. Article 7. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $1,644.73 to pay the unpaid bills for the prior year of the following accounts: School Operation - Vocational Education, Tuition & Transportation City of Boston $ 16.50 City of Boston 128.00 Essex. Agricultural and Technical Institute 688.93 Charles Sharkey 219.60 Veterans' Benefits - Aid & Expenses Symmes Hospital 591.70 Carried *Unanimously 9:31 P. M. !J Article 8. Presented by Allan F. Kenney. MOTION: To appropriate $100,000.00 for the Reserve Fund and to provide for the paymentthereofby transfer of $22,000.00 from the Reserve Fund-Overlay Surplus and by transfer of $78,000.00 from the Excess and Deficiency Account. Carried unanimously 9:32 P. M. Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1972.. Carried Unanimously 9:32 P. M. Article 10. Presented by Allan F. Kenney. MOTION: That the sum of $28,500.00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $16,500.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 9:37 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized toappoint one oftheir members to .-the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote. 9:37 P. M. 311 Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:37 P. M. Article 13. Presented by Allan F. Kenney: MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the, final ad- journment of the 1973 Annual. Town Meeting. Carried Unanimously 9:37 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to obtain appraisals on and options for land or rights therein- that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or off-street parking or school purposes and that the Selectmen be and they hereby are authorized on behalf of the Town to acquire by purchase, eminent domain..i-or otherwise, such lands or rights therein for such purposes as are or may be in- cluded in options by the Selectmen; and to appropriate the sum of $2,500.00 and to provide for the payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9:39 P. M. Article 15. Presented by Allan F. Kenney. MOTION: That the sum of $4 ,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by-transfer from the Westview Cemetery Sale of Lots Fund. 7- Carried by voice vote. 9 :39 P. M. Article 16. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. • Carried by voice vote. 9 :41 P. M. Article• 17. Presented by Allan F. Kenney. 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 $36,000.00 for such installation and land acquisition, and to provide for the payment thereofby transfer from the Excess and Deficiency Account. Carried Unanimously 9 :46 P. M. Article 18. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:47 P. M. Article 19. Presented by Allan F. Kenney. 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 appropriate the sum of $50,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:47 P. M. Hugh M. Chapin moved for indefinite postponement of Article 19. 9:52 P. M. The motion to indefinitely postpone Article 19 ---� declared lost by voice vote. 9 :56 P. M. The motion, as offered by Mr. Kenney, declared carried by voice vote. 9:56 P. M. Article 20. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized toinstall sewer mains in such 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 all acts in amendment thereof and in addition thereto, 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 $480,000.00 and to provide for payment thereof by transfer of the unexpended balance of $1,000.00 of the appropriation under Article 6 of the Warrant for the November 28, 1960 Special Town Meeting and by transfer of the sum of $479,000.00 from the - , Excess and Deficiency Account. 9:57 P. M. Herbert W. Eisenberg moved to amend amount appropriated under Article 20 from $480,000.00 to $456,000.00, a reduction of $24,000.00. 9:57 P. M. The Moderator called for a five minute recess. 10 P. M. The meeting was again called to order at 10:05 P. M. Herbert W. Eisenberg presented a corrected amendment: Moved to delete thesum of $480,000.00 and substitute therefor the sum of $456,000.00 and to delete the sum of $479,000.00 and substitute the sum of $455,000.00. 10:05 P. M. Motion to amend, as presented by Mr. Eisenberg, declared lost by voice vote. 10:09 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote: . 10:09 P. M. Article 21. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in such 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 , 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 provide for the payment thereof' by the transfer of $120,000.00 from the Excess and Deficiency Account. Carried by voice vote. 10:15 P. M. 313 Article 22. Presented by Allan F. Kenney. MOTION: That the sum of $6 ,000.00 be appropriated for Chapter 90 highway maintenance, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:15 P. M. Article 23. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:15 P. M. Article 24. Presented by Allan F. Kenney. MOTION: To appropriate the sum of $78 ,000.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:16 P. M. Edward E. Furash moved to delete the sum of $78 ,000.00 and substitute therefor the sum of $62,000.00. 10:18 P. M. Motion to amend, as presented by Mr. Furash, declared carried by voice vote. 10:22 P. M. Main motion, as amended: MOTION: To appropriate the sum of $62,000.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:22 P. M. _ Robert H. Kingston serves notice of reconsideration of Articles 20 and 21. 10:23 P. M. Article 25. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider; and to appropriate therefor the sum of $10,000.00 and to provide for pay- ment thereof by transfer from the Excess and Deficiency Account. 10:23 P. M. Daniel I. Small moved that Article 25 of the Town Warrant be amended by inserting after the words "may desire to consider" the following phrase: ,"including consideration of the need for public transportation within the town and the relationship of public transportation to the planning and layout of public streets; " 10:23 P. M. Standing vote on Mr. Small's motion to amend taken as follows: • 314 Article 25. Precinct In Favor Tellers Opposed (Cont. ) 1 23 Weiant- Wathen-Dunn 15 2 10 , Wiltrud R. Mott-Smith 18 3 20 J. S. Nason Whitney 12 4 19 Martin A._Gilman 10 5 25 Stephen T. Russian 7 6 18 Donald J. Shaw 15 115 77 Mr. Small's amendment adopted. 10:33 P. M. Main motion as amended: MOTION: That the Selectmen be and they hereby are authorized to retain engineeringservices andprepare plans and specifications for the design, construction or reconstruction_ of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider, including consideration of the need for public transportation within the town and the relationship of public transportation to the planning and layout of public streets; and to appropriate therefor the sum of $10,000.00 and to provide for pay- ment thereof by transfer from the Excess and Deficiency Account. Main motion, as amended, carried by voice vote. 10:34 P. M. Article 26. Presented by Allan F. Kenney: MOTION: That the sum of $9,800.00 be raised and approp- riated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws. 10:40 P. M. --• Mr. Armstrong of East Middlesex Mosquitoe Control gave an explanationoftheir program and answered many questions. 10:45 P. M. Carried by voice vote. 10:46 P. M. Article 27. Presented by Allan F. Kenney. MOTION: Thatthe sum of $18,376.00 be raised and appropriated to be expended under the direction of the Board of Health_ for providing cooperative and complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 19 of the General Laws in coopera- tion with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic. Carried by voice vote. 10:47 P. M. Article 28. Presented by Allan F. Kenney. MOTION: To appropriatethe sum of $11,957.25 received in 1972 as State Aid to public libraries to be used by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 10:47 P. M. Article 29. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:47 P. M. 3 1 5 Article 30. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:47 P. M. Article 31. Presented by Allan F. Kenney. MOTION: To appropriate the -sum -of $60,000.00 to be used in conjunction with money previously appropriated under Article 23 of the Warrant for the 1970 Annual Town Meeting and under Article 34 of the Warrant for the 1971 Annual Town Meeting for the construction under Chapter 90 highway construction of all or any part of the section of East Street between Lowell Street and Grant Street Li and for a distance of 80 feet easterly of Lowell Street, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:48 P. M. Albert P. Zabin moved for indefinite postponement. 10:52 P. M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 11:05 P. M. Motion to indefinitely postpone Article 31 declared lost by voice vote. 11:05 P. M. Motion, as presented by Mr. Kenney, declared carried by voice- vote. 11:05 P. M. The Moderator stated that he had -notes from Stephen T. Russian and Charles F. Gallagher, Jr. before 'thi meetin44to the effect that they would not vote on the School Department Personal Service budget as their wives worked for the School Department. 11:07 P. M. L _ Allan F. Kenney moves that the meeting be adjournOd to Wednesday, March 22, 1972,- 8 M. in Cary Memorial Hall. Carried by voice vote. 11 :06 P. M. 74140./u,k g Mary R. McDonough, Town Clerk 316 ADJOURNED TOWN MEETING HELD MARCH 22, 1972 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :12 P. M. in Cary Memorial Hall. There were 199 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8:13 P. M. The Moderator stated that he had lettersto the effect that the following Town Meeting Members would not vote on certain articles in accordance with the. Code of Ethics: Roy Edward Cook and William T. Whiting - Articles pertaining to the Fire Department: Articles 4, 35, 36 and 37. Richard Souza - Article 34. Arthur T. Bernier - Article 39. Norman P. Cohen - Articles 32 and 33. Article 2. Robert H. Kingston moved -that the Supplementary Report of the Capital Expenditures Committee be accepted andplaced on file. Carried Unanimously 8 :17 P. M. Article 32. Presented by Erik L. Mollo-Christensen. MOTION: To raise and appropriate the sum of $16,640.00 for the purpose of paying the Town's apportioned share of the operating and maintenance costs for the current fiscal year of the Minuteman Regional Vocational Technical School District consisting of the towns of Acton, Arlington, Belmont, Box- borough, Carlisle, Concord, Lexington, Lincoln, Stow, Sudbury, Wayland and Weston. Carried Unanimously 8 :19 P. M. Article 33. Presented by Vernon C. Page. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :21 P. M. Article 34. Presented by Fred C. Bailey. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and specifications and to obtain bids for the remodeling of and additions to the Cary Memorial Library building andfor the original equipping and furnishing of said remodeled building and said addition; and that the sum of $112,000.00 be appropriated therefor, and that payment be provided by transfer from the Excess and Deficiency Account. 8 :22 P. M. Robert V. Whitman, Chairman of the Permanent Building Committee, shows slides and answers many questions. Elizabeth H. Clarke moved to strike all the remaining words beginning "and that the sum. . . " and to replace these words with: . . .and that the sum of $140,000 be appropriated therefore and that payment be provided by transfer of $112,000 from the Excess and Deficiency account and by raising the balance of $28,000 in the current tax levy. 8 :43 P. M. Edward E. Fur-ash stated that the Appropriation Committee unanimously opposed Mrs. Clarke's motion to amend. 9:01 P. M. it7V;' 317 Article 34. Joseph A. Campbell moved indefinite postponement on (Cont.) , the main motion as offered by Mr. Bailey. 9:03 P. M. The motion to amend, as offered by Mrs. Clarke, declared lost by voice vote. 9:10 P. M. The motion to indefinitely postpone Article 34 declared lost by voice vote, which was doubted, so a standing vote taken as follows: L 1 Ruth M.Precinct In Favor 9 Tellers Mitchell Opposed 19 2 12 Donald L. MacGillivray 15 3 6 Albert S. Richardson, Jr. 22 4 6 Martin A. Gilman 18 5 . 9 Frank L. Shunney 15 6 14 Stephen Michael Politi 11 Boards & At Large 2 Howard A. Levingston 34 58 134 Motion to indefinitely postpone Article 34 not adopted. 9:15 P. M. Main motion, as offered by Mr. Bailey, declared carried by voice vote. 9:16 P. M. Article 35. Presented by Fred C. Bailey. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and specifications and L. to obtain bids for the remodeling of, and additions to, the Central Headquarters Fire Station; and that the sum of $7,500.00 be appropriated therefor, and that payment be provided by transfer from the Excess and Deficiency Account. Carried by voice vote. 9 :19 P. M. Article 36. Presented by Fred C. Bailey. MOTION: 41 appropriate the sum of $57,000.00 for the purchase or with the approval of the Selectmen of a fire engiiit- for the Fire Department, to authorize the Selectmen to turn in and apply toward the purchase price such piece of fire apparatus as is no longer required by the Fire Department, and to provide for payment thereof by the transfer of $10,000.00 appropriated . under Article 59 of the Warrant for the 1971 Annual Town Meeting for the installation of gas after-burners on the incinerators at various schools, and by raising the balance of $47 ,000.00 in the current tax levy. Carried by voice vote. 9:22 P. M. Article 37. Presented by Fred C. Bailey. MOTION: To raise and appropriate the sum of $6 ,000.00 for installation of Town owned emergency power generator equipment, and for purchase of accessory equipment and controls therefor, at the Central Headquarters Building and the East Lexington Fire Station. Carried Unanimously 9:25 P. M. Article 38. Presented by Allan F. Kenney. MOTION: To appropriate the sum of $9,680.08 for the purchase and installation of additional and replacement equipment for the communications systems of the Town, and to provide for payment thereof by the transfer of $9,680.08 from the unexpended balance of the 318 Article 38. appropriation under Article 39 of the Warrant for the (Cont.) 1966 Annual Town Meeting. Carried by voice vote. 9:26 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $44,000.00 for the further construction of the Meriam Street off-street parking area. 9:27 P. M. Robert B. Kent, Jr. serves notice of reconsideration of Article 34. 9:35 P. M. Article 39. Edward E. Furash stated that the Appropriation (Cont.) Committee is opposed to this article. 9:45 P. M. J. Keith Butters moved that this article be recommitted to the Board of Selectmen for further study. 9:48 P. M. Allan F. Kenney moved that Article 39 be tabled. 9:50 P. M. Mr. Kenney withdraws his motion to table this article in order that Frank Ready, a Lexington merchant, can speak from the balcony in favor of the parking. (See page 9:51 P. M. 331) 957 P. M. Mr. Kenney moved that Article 39 be tabled. Motion to table Article 39 declared carried by voice vote. 9:58 P. M. Article 40. Presented by Allan F. Kenney. MOTION: To appropriate the- sum of $56,739.56 for resurfacing with permanent pavement such street or streets as the. Selectmen may determine, and provide for payment thereof by transfer. of the unexpended balance of $32,088.27 appropriated under Article 22 of the Warrant for the 1966 Annual Town Meeting and consisting of funds received from the State under Chapter 679 of the Acts of 1965, by the appropriation of $7,100.86 received from the State under Chapter 616 of the Acts of 1967 and by the appropriation of $17,550.43 received from the State under Section 4 of Chapter 768 of the Acts of 1969. Carried Unanimously 10:02 P. M. Article 41. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $20,000.00 for the installation of traffic control signals at the intersection of Concord Avenue and Waltham Street. Carried by voice vote. 10:05 P. M. Frank H. Totman, Jr. serves notice of reconsideration of Article 40. 10:06 P. M., Lloyd S. Beckett, Jr. moves for a three minute recess which was carried by voice vote. 10:06 P. M. The meeting was again called to order at 10:15 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That the sum of $10,000.00i be raised and appropriated under the provisions of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that the Town Treasurer deposit said funds in a special fund as provided in Section 2 of said Chapter 911. 10:17 P. M. X19 Article 42. Kingston L. Howard, Chairman of the Lexington (Cont. ) Bicentennial Committee, explains what his committee has done so far and what it hopes to accomplish. 10:25 P. M. Motion, as presented by Mr. Kenney, declared carried by voice vote. 10:25 P. M. Article-43. Presented by Allan F. Kenney. MOTION: That the existing Lexington Bicentennial Committee, appointed by the Board of Selectmen, be and hereby is authorized to study the kind, appropriateness and location of a permanent memorial for commemorating the two-hundredth anniversary of the Battle of Lexington and• for commemorating the services and sacrifices of persons who served in the War of the Revolution, and to retain professional services therefor, and that the sum of $3,000.00 be raised andappropriated therefor. Said Committee shall report its findings and recommendations to a future town meeting, not later than the 1973 Annual Town Meeting. 10:25 P. M. Edward E. Furash moved to amend the motion by deleting "and to retain professional services therefor, and that the sum of $3,000.00 be raised and appropriated there- for. " 10:34 P. M. Joseph 0. Rooney moved the previous question which was declared lost by voice vote. 10:48 P. M. Standing vote on Mr. Furash's motion to amend taken as follows: LIPrecinct In Favor Tellers Opposed 1 19 Ruth M. Mitchell 3 2 24 Donald L. MacGillivray 3 3 24 Albert S. Richardson, Jr. 6 4 11 Erik L. Mollo-Christensen 14 5 18 Frank L. Shunney 6 6 14 Stephen Michael Politi 8 Boards & At Large 19 Howard L. Levingston 13 129. 53 Motion to amend, as offered by Mr. Furash, adopted. 10:54 P. M. Anthony L. Mancini moved to amend by adding thereto: "and to retain professional services therefor, and that. the sum of $3,000.00 be raised and appropriated there- for. " 11 P. M. Leslie H. York movedthe previous question which was declared carriedby voice vote. 11:12 P. M. Motion to amend, as offered by Mr. Mancini, declared lost by voice vote. 11:12 P. M. a2 Article 43. Main motion, as amended by Mr. Furash: (Cont. ) MOTION: That the existing Lexington Bicentennial Committee, appointed by the Board of Selectmen, be and hereby is authorized to study the kind, appropriateness and location of a permanent memorial for commemorating the two-hundredth anniversary of the Battle of Lexington and for commemorating the services and sacrifices of persons who served in the War of the Revolution. -Said_: Committee. hall .report. its findingt- ar .d.:recommendations. to a future town meeting, not later than the 1973 Annual Town Meeting. Carried by voice vote. 11:13 P. M. Albert P. Zabin serves notice of reconsideration of Article 43. 11:13 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, March 27, 1972,. 8 P. M. in the Cary Memorial Hall. Carried Unanimously 11:13 P. M. leiti Mary R. McDonough, Town Clerk George B. Wilson, Jr. , 11 Ames Avenue, resigned as a Town Meeting Member in Precinct Two as of March 27, 1972. Frederic D. Corazzini, 8 Blossom Street, next in line at the March 6, 1972 Annual Town Eleetion, was moved up and has accepted, as of March 27, 1972, Town Meeting Membership in Precinct Two, filling the vacancy caused by the resignation of Mr. Wilson. Term expires in March 1973. 3 ` 1 ADJOURNED. TOWN MEETING HELD MARCH 27 , 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :07 P. M. in Cary Memorial Hall. There were 202 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor, Sacred Heart Church. 8 :08 P. M. Article 2. Edward E. Furash moved that the Final Report of the Committee established under Article 76 of the 1971 Town Meeting be accepted and placed on file. Carried Unanimously 8 :09 P. M. Article 44. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $1,500.00 for a current revision of the preliminary plans, engin- eering survey and layout for the construction and development of recreational facilities on land adjoining the Harrington School. Carried by voice vote. 8 :10 P. M. Article 45. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $2,500.00 for the development of paths for walking and bicycling in Willards Woods in such locations as the--Recreation Committee with the approval of the Board of Selectmen may determine.- 8:1D P. M. Herbert W. Eisenberg moved to amend the motion by deleting the sum of .$2,500.00 and substituting the sum of $6,500.00 in its place. L78 :17 P. M. Mr. Kenney stated that the Board of Selectmen opposed the amendment. 8:18 P. M. The motion to amend, as offered by Mr. Eisenberg, declared lost by voice vote. 8 :23 P. M. Main motion endorsed by the League of Women Voters. 8:25 P. M. Earl F. Baldwin, Jr. moved the previous- question which was declared carried by voice vote. 8 :30 P. M. Mr. Kenney's motion declared carried by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 18 Joseph P. Marshall 7 2 17 Michael J. O'Sullivan 9 3 23 Charles F. Gallagher, Jr. 5 4 17 Joseph O. Rooney 7 5 24 William P. Fitzgerald 4 6 20 Donald J. .Shaw 7 Boards & At Large 27 Howard L. Levingston 3 146 42 Motion, as presented by Mr. Kenney, declared adopted. 8 :33 P. M. :322- Article 2 -Article 46. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $3,500.00 for professional services and to prepare a plan for the development of the Old Res area and to install a permanent water supply to the Old Res. 8 :33 P. M. The League of Women Voters endorses this motion. 8:36 P. M. Motion, as offered by Mr. Kenney, declared carried by voice vote. 8 :36 P. M. Article 47. Presented by Allan F. Kenney. --- MOTION: To raise and appropriate the sum o.f -$20,000.00 for the further development of the so-called dump area on Lincoln Street. 8 :36 P. M. After general discussion, the motion declared carried by voice vote. 8 :44 P. M. Article 48. Presented by Natalie H. Riffin. MOTION: That the. Town accept a gift in the amount of $300.00, under the will of K. Claudine Foster, "as a perpetual fund to be known as the Mr. and Mrs. William B. Foster Fund, the interest to be used to put plants out on Memorial Day (May 30) of each year" on lot No. 218 in Munroe Cemetery. Carried Unanimously 8 :45 P. M. Article 49. Presented by Natalie H. Riffin. MOTION: To authorize the Treasurer to accept on behalf of the Town a gift of 84 shares of American Telephone and Telegraph Co. common stock and such amount of money as shall together equal one-sixth of the residue of the estate of Katharine Harrington, late of Lexington, bequeathed under the Thirty-Second Clause of her will to the "School Committee of the Town of Lexington, Massachusetts, for scholarships for needy children, all monies to be invested and reinvested for ten (10) years. At the end of ten years one-half the income may be used for scholarships and the other one-half invested and reinvested until the total of the two funds shall equal Twenty-Five Thousand ($25,000.00) Dollars at which time the funds shall be combined in one permanent fund to be called 'The Harrington Memorial Fund' , the income only from which shall be used annually for scholarships. "; said gift to be paid to and held and invested and re- invested by the Trustees of Public Trusts, the stock to be so transferred promptly after the adoption of this vote and the money to be paid over upon its receipt, and the income therefrom used for scholarships for needy children as determined by the School Committee of the Town of Lexington as provided in said will. Carried Unanimously 8 :47 P. M. Article 50. Presented by Natalie H. Riffin. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :47 P. M. 323 Article 51. Presented by Natalie H. Riff in. MOTI.ON:. That the Selectmen be and they hereby are authorized to accept a gift from Bolt Beranek and Newman Inc. of a lot of land on Hayden Avenue in. Lexington shown as lot numbered 288 on Plan No. 19485K filed in the South Registry District of Middlesex County, said gift being subject to the conditions that it be accepted by June 30,. 1972 and that any betterment assessments against lot 28.8. be removed priorto the acceptance of the gift. Carried Unanimously 8 :50 .P. M. Article 52.. Presented by Howard M. Kassler.. MOTION: To authorize the Conservation Commission to. receive in thenameof the Town, subject to the approval of the Selectmen, for conservation purposes as provided in Section 8C of Chapter 40of. the General Laws., a gift from Joseph F. .Chabot and Mary Ellen Chabot of a parcel of land on Waltham Street shown as lot 29., section 1, on a plan entitled "Plan of Farmhur.st .in Lexington, Mass. " , dated January 1918 and recorded in Middlesex South District Registry of Deeds.. in Plan Book. 285, Plan 4. 8 :50 P. M. - 7' Mr. Kassler read a report of the Conservation Commission pertaining to all of. the Conservation articles. 8 :58 P. M. Motion carried unanimously. 8 :59 P. M. Article 53. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes 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. 22onAssessors' Property Map 23, now or formerly of William Hill and being part of the land formerly known as the Meek property; and to appropriate the sum of $32,000.00 for said land .acquisi- tion and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9 P. M. ,� Voice vote not unanimous, so standing vote taken: Precinct - in Favor Tellers Opposed 1 23 Joseph P. Marshall - 0 2 24 Michael J. O'Sullivan 0 3 -. 24. Charles F. Gallagher, Jr. 0 4 23 Joseph O. Rooney 0 5 26 William P. Fitzgerald 1 6 24. Donald J. Shaw 4 Boards & At Large '31 Howard L. Levingston 0 175 5 Adopted. 9 :07 P. M. :24 Article 54.. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or other- wise acquire for playground, recreation, sewer and drain purposes all or any part of a parcel of land now or formerly of Alfred J. Bevington and Mary E. Stankard, containing 10 acres, more or less, and being all that portion of Lot 54 on Town of Lexington Assessors' Map 31 (including that part of said Lot 54 shown on Assessors' Map 23) which is located southerly of a line approxi- mately parallel to Marrett Road and extending from the intersection of the easterly boundary of said Lot 54 with the common boundary between lots .52 .and. 53 on said Map 31 to the intersection of the westerly boundary of said Lot 54 with the common boundary between lots 56 and 57 on said Map 31; and to appropriate the sum of $25,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:08 P. M. Howard M. Kassler stated that the Conservation Commission is in favor of this motion. 9:17 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 53. 9:30 P. M. Article 54. The motion, as presented by Mr. Busa under Article 54, (Cont.) declared carried by voice vote. 9:33 P. M. Article 55. Howard M. Kassler moved that Article 55 be postponed until after the disposition of Article 59. Carried by voice vote. 9:33 P. M. Article 56. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried unanimously 9 :36 P. M. Article 57. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes 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 95C on Assessors' Property Map 11, now or formerly of William H. Hamilton, and Lot 96A on Assessors' Property Map 11, now or formerly of Florence Baldwin Trust; and to raise andappropriate the sum of $85,00.0.00 therefor. 9:37 P. M. Request for a three minute recess by Mr. Kassler was granted. 9:38 P. M. The meeting was again called to order by the Moderator at 9:47 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously favor this article. 10:05 P. M. Lois W. Brown stated that a majority of the Planning Board are in favor. of this article. _- 10:18 P. M. 3,25 Article 57. Standing vote on main motion taken as follows: (Cont.) Precinct In Favor Tellers Opposed 1 15 Joseph P. Marshall 11 2 15 Michael J. O'Sullivan 13 3 17 Charles F. Gallagher, Jr. 7 4 18 Joseph O. Rooney 7 5 16 William P. Fitzgerald 8 6 16 Donald J. Shaw 11 Boards & At Large 24 Howard L. Levingston 3 121 60 More than the required two-thirds having voted in favor, the motion, as presented by Mr. Kassler, declared adopted. 10:23 P. M. Article 58. Presented by Natalie H. Riffin. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for school, playground, recreation, sewer and drain purposes all or any part of the land now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middlesex South District Registry of Deeds, Book 11806, Page 284, and all or any part of the land now or formerly of Lexington Associates, Inc. described in a deed recorded in said Deeds, Book 8401, Page 98; and to appropriate the sum of $30,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:25 P. M. James M. McLaughlin serves notice of reconsideration of Article 57. 10:26 P. M. 7— Article 58. Vernon C. Page moved that this article be indefinitely (Cont. ) postponed. 10:32 P. M. George Warren, Attorney for the. Ashley family, spoke from the balcony and said that he waslooking for an equitable settlement for the owners of the land. He wasnot in favor of this nation. 10:36 P. M. Motion to indefinitely postpone Article 58 declared lost by voice vote. 10:44 P. M. Patricia K. Hagedorn moved to insert the word "streets" as one of the listed public purposes (after drain) . 10:45 P. M. Motion to amend, as presented by Mrs. Hagedorn, declared lost by voice vote. 10:55 P. M. Main motion declared carried by voice vote, which was doubted, so standing vote taken as follows: Precinct In Favor Tellers Opposed 1 14 Joseph P. Marshall 12 2 14 Michael J. O'Sullivan 13 3 20 Charles F. Gallagher, Jr. 2 4 23 Joseph O. Rooney 1 5 18 William P. Fitzgerald 9 6 14 Donald J. Shaw 12 Boards & At Large 26 Howard L. Levingston 4 129 53 Adopted. 10:58 P. M. 326 Paul J. MacKenzie served notice of reconsideration of Article 58. 10:58 P. M. Article 59.- Presented by Howard M. Kassler. MOTION: To .authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes 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 now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middle- sex South District Registry of Deeds., Book 11806, Page 284, and all or any part of the land now or formerly of Lexington Associates, Inc. described in a deed re- corded in said Deeds, Book 8401, Page 98; and to appropriate the sum of $40,000.00 for said land acqui- sition and to provide for payment thereof by transfer from the Excess and Deficiency Account. 11 P. M. Martin A. Gilman moved to amend by striking the sum of $40,000.00 and substituting in its place the sum of $68,000.00. 11:02 P. M. Natalie H. Riffin stated that the Board of Selectmen unanimously oppose this amendment. 11:05 P. M. Edward E. Furash stated that the Appropriation Committee unanimously oppose this amendment. 11:17 P. M. Mr. Gilman's motion to amend declared lost by voice I] vote. 11:19 P. M. Voice vote on main motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 16 Joseph P. Marshall 8 2 17 Michael J. O'Sullivan 9 3 21 Charles F. Gallagher, Jr. 1 4 24 Joseph O. Rooney 0 5 20 William P. Fitzgerald 5 6 16 Donald J. Shaw 9 Boards & At Large 26 Howard L. Levingston 4 140 36 More than the required two-thirds having ,voted in favor, the motion is declared adopted. 11:22 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 3, 1972, 8 P. M. in Cary Memorial Hall. 11:22 P. M. Joseph J. Downey moved to amend the motion by moving to adjourn to Tuesday, March 28, 1972 at 8 P. M. 11:23 P. M. 327 Robert V. Whitman suggested, that if the Town Meeting was adjourned to Monday, April 3, 1972, it should then be adjourned to each consecutive night until it was completed. 11:23 P. M. Allan Green stated that the meetings should adjourn at 11 P. M. 11:23 P. M. Motion to amend, as presented by Mr. Downey, declared lost by voice vote. 11:24 P. M. Motion to adjourn to Monday, April 3, 1972, 8 P. M. in Cary Memorial Hall, as presented by Mr. Kenney, declared carried by voice vote. 11:25 P. M. 4211 , 7U ,PlAAJ Mary R. McDonough, Town Clerk LI Daniel P. Busa, 82 Lowell Street, resigned as a Town Meeting Member in Precinct One as of March 31, 1972.. William R. Cataldo, 39 Rindge Avenue, next in line at the March 6, 1972 Annual Town Election, was moved up, and has accepted as of March 31, 1972, Town Meeting Membership in Precinct One, filling the vacancy caused by the resignation of Mr. Busa. Term expires in March 1973. I 328 ADJOURNED TOWN MEETING HELD. APRIL 3, 1972 The meeting was ealled to order by the Moderator, Lincoln P. Cole, Jr. at 8 :08 P. M. in the Cary Memorial Hall. There were 201 Town Meeting Members present. The invocation was offered by Rabbi Joel H. Meyers of the Temple Emunah. 8 :09 P. M. Town Manager, Walter C. O'Connell-, stated that new microphones had been purchased for the use of Town Meeting. This purchase was authorized under Article 38 of this Annual Town Meeting. 8 :12 P. M. The Moderator announced that he was reappointing Erik Mollo- Christensen to the Minuteman Technical Vocational School District Committee for a term of three years. 8 :12 P. M. Article 55. Howard M. Kassler moved to refer back to the Conservation Commission to be brought up at the next annual town meeting. Carried Unanimously 8 :20 P. M. Article 60. Presented by, Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conserva- tion 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 45 on Assessors' Property Map 47, Lot 225 on Assessors' Property Map 48 , Lot 51 on Assessors' Property Map 55, and Lots 55 and 61 on Assessors' Property Map 62, being premises adjoining the Vine Brook off Grant Street; and to appropriate the sum of $40,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :21 P. M. Mr. Kassler stated that he had received a call from William Hamilton and Mr. Hamilton said that he will not fight land taking under Article 57 and will cooperate with the town. - 8 :22 P. M. Lois W. Brown said that the Planning Board had worked with the Conservation Commission and would like to see the planning for Articles 60 and 61 go forward. 8 :45 P. M. Edward E. Furash stated that the Appropriation Committee voted to withdraw favorable action on Articles 60 and 61. 8 :58 P. M. Paul G. Yewell moved _the previous question which was declared carried by voice vote. 9:03 P. M. Voice vote on main motion was not unanimous, so a , standing vote was taken as follows: 329 Article 60. Precinct In Favor Tellers Opposed (Cont. ) 1 15 Logan Clarke, Jr. 14 2 12 Michael J. O'Sullivan 11 3 19 Donald R. Grant 12 4 17 Joseph A. Trani 10 5 15 Charles E. Parks 13 6 9 Stanley E. Toye 18 Boards & At Large 20 Howard L. Levingston 11 107 89 Less than the required two-thirds having voted in favor, the motion is not adopted. 9:07 P. M. Article 61. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes 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 13 on Assessors' Property Map 28 , Lots 42,. 74A and 75 on Assessors' Property Map 29, Lots 11 and 12 on Assessors' Property Map 37 , said Lot 11 on Map 37 being now shown as Lot 79 on Assessors' Property Map 29, and Lots 44, 45, 46, 47 , 48 , 63, 64 , 65, 67 and 68 on Assessors' Property Map 38 , being premises adjoining the Munroe Brook from Maple Street to Lillian Road; and to appropriate the sum of $6000.00 therefor and to provide for payment thereof by transfer from the -- Excess and. Deficiency Account. 9:08 P. M. L Joseph J. Downey moved that this article be indefinitely postponed. 9:17 P. M. Paul V. Riffin served notice of reconsideration of Article 60. 9:17 P. M. Article 61. Lois W. Brown stated that the Planning Board supported (Cont.) Article 61. 9:28 P. M. Motion to indefinitely postpone Article 61 is declared lost by voice vote. 9:29 P. M. Alan G. Adams moved the previous question which was declared carried by voice vote. 9:35 P. M. Voice vote on main motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 19 Logan Clarke, Jr. 9 2 15 Michael J. O'Sullivan 10 3 21 Donald R. Grant 7 4 18 Joseph A. Trani 8 5 21 Charles E. Parks 5 6 13 Stanley E. Toye 14 Boards & At Large 30 Howard L. Levingston 3 137 56 More than the required two-thirds having voted in favor, the motion is adopted. 9:38 P. M. 330 Article 62.. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission, acting on behalf of the Town, to apply for available state and federal aid in connection with the acquisition of land to be held by the Conservation Commission pursuant to Section 8C of Chapter 40 of the General Laws. 9:39 P. M. William Spencer Sullivan serves notice of reconsideration of Article 61. 9:45 P. M. Article 62. Motion, as presented by Mr. Kassler under Article 62, (Cont. ) declared carried by voice vote. —~ 9:45 P. M. Article 63. Presented by Howard M. Kassler. MOTION: To raise and appropriate the sum of $5,000.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964. Carried by voice vote. 9:46 P. M. Allan F. Kenney moved to take Article 39 from the table. 9:47 P. M. Motion to take Article 39 from the table was declared carried by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 17 Logan Clarke, Jr. 8 2 16 Michael J. O'Sullivan 7 3 16 - Donald R. Grant 9 4 18 Joseph A. Trani 3 5 12 Charles E. Parks 12 6 16 Stanley E. Toye 10 Boards & At Large 21 Howard L. Levingston 7 116 56 Mr. Kenney's motion to take Article 39 from the table is declared adopted. 9:50 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $44 ,000.00 for the further construction of the Meriam Street off-street parking area. 9:50 P. M. Mr. Kenney stated that- meters are -not- recommended now. Build the lot now and let experience be their guide regarding the meters. 10 P. M. Edward E. Furash, for the Appropriation Committee, asked that the article be turned down. 10:18 P. M. Robert A. Bowyer moved to amend by adding at the end �-- "provided that a fee of at least five cents for every two hours be charged for the use of the spaces, and meters, if any, constructed with the funds provided in this article until such time as the receipts from such spaces shall equal the amount of money appropriated in this article. " 10:2-0 P. M. 331 Article 39. Ernest A. Giroux stated that he would not vote on this (Cont.) article. 10:24 P. M. Lois W. Brown stated that the Planning Board favored this article. 10:28 P. M. The motion to amend, as offered by Mr. Bowyer, declared lost by voice vote. 1D:32 P. M. J. S. Nason Whitney moved the previous question which was declared carried by voice vote. 10:33 P. M. Main motion, as presented by Mr. Kenney, declared lost by voice vote. 10:23 P. M. Article 64. Presented by Allan F. Kenney. MOTION: To accept the alteration and relocation of a portion of Bow Street frcna point 54 feet, more or less, south of the center line of Mill Brook Drain Easement northeasterly to a point 180 feet, more or less, northeasterly of the center line of said Mill Brook Drain Easement, as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated July 28_, 1971, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and for the construction of Bow Street as so altered and relocated the sum of $13,000.00 received from the State under Chapter 616 of the Acts LI of 1967. 10:35 P. M. The Planning Board is in favor of this article and Lois W. Brown filed the report of the committee. 10:36 P. M. James M. McLaughlin served notice of reconsideration of Article 39. 10:42 P. M. Article 64. Motion, as presented by Mr. Kenney under Article 64, (Cont.) declared carried by voice vote. 10:42 P. M. Article 65. Presented by Allan F. Kenney. MOTION: Toaccept the alteration and relocation of Massachusetts Avenue from the northwesterly side line of Depot Square a distance of 138 feet, more or less, northwesterly to the southeasterly side line of Meriam Street as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 5, 1972,. and to authorize the Selectmen to take by eminentdomain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and for the widening of Massachusetts Avenue as so altered and relocated the sum of $4 ,019.41 and to provide for payment thereof by the transfer of $4,019.41 from the unexpended balance of the appropria- tion under Article 65 of the Warrant for the 1965 Annual Town Meeting. 10:44 P. M. Lois W. Brown filed the Planning Board Report and stated that the Board is in favor of this article. 10:45 P. M. Main motion, as offered by Mr. Kenney, carried unanimously. 10:45 P. M. 332 Article 66. Presented by Alfred S. Busa. MOTION: That Articles 66 to 77, inclusive, be taken up together. Carried Unanimously 10:45 P. M. Lois W. Brown stated that the Planning Board recommends favorable action on Articles 66 to 77, inclusive, and filed the Planning Board Report on each of these articles in one package. 10:46 P. M. Article 66. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Abernathy Road from Ingleside Road a distance of 661 feet, more or less, easterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972,. and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:47 P. M. Article 67. Presented by Alfred S. Busa. MOTION: To establish as a _town way and accept the layout of as a town way Birch Hill Lane from Lincoln Street a distance of 948 feet, more or less, north- easterly to end, as laid out by the Selectmen and shown upon a plan on file-_ in theoffice of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:47 P. M. Article 68. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a_ town way Clyde Place from -Ingleside Road a distance of 296 feet, more or less, southerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31,. 1972,. and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest_ in land necessary therefor. Carried Unanimously 10:48 P. M. Article 69. Presented by Alfred S. Busa. MOTION: To establish as a town wand accept the layout of as a town way Conestoga Road from Wood Street a distance of 794 feet, more or less, easterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. 10:48 P. M. Article 70. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Dudley Road from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interestinnecessary therefor. Carried Unanimously 10:48 P. M. :33 Article 71. Presented by Alfred S.. Busa. MOTION: To establish as a town way and accept the layout of as a town way Goffe Road from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972,. and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:50 P. M. Article 72. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3.1, 1972,. and to authorize the ,Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:50 P. M. Article 73. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Ingleside Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972,. and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:51 P. M. Article 74. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, north- easterly to Birch Hill Lane, as laid out by the Selectmen and shown upon a plan on file in the once of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:52 P. M. Article 75. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road from Pleasant Street a distance of 2069 feet, more or less, north- westerly to the limit of thepreviously accepted portion of Worthen Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:52 P. M. 334 Article 76. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Maureen- Road from East Street a distance of 503 feet, more or less., southerly to Emerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972,. and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee., easement or other interest in land necessary therefor. Carried Unanimously 10:53 P. M. Article 77. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town. .way Emerson Road from -a distance of 140 feet, more or less, east of the center line of Maureen Road to a distance of 393 feet, more or less, west of the center line of Maureen Road, as laid out by the' Selectmen and shown upon a plan on file in the office of the Town Clerk,. dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interestin land necessary therefor. Carried by voice vote. , 10:55 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 66 to 77, inclusive, the sum of' $500.00. Carried Unanimously 10:55 P. M. Article 78. Presented by Allan F. Kenney. MOTION: That theaction of the Board of Selectmen in accepting on behalf of the Town a deed from Village Development Corporation conveying to the Town a parcel �. of land containing 21,698 square feet, more or less, and shown as Lot "B" on plan entitled "Village Circle Subdivision Plan of Land Lexington, Mass. ", dated May 12, 1969, by E. Conrad Levy & Assoc. , be and hereby is ratified, confirmed and adopted. Carried by voice vote. 10:56 P. M. Article 79. Allan F. Kenney moved that this article be postponed until after Article 98. 10:57 P. M. John R. Holt moved to reconsider Article 39 at this time but his motion was ruled out of order by the Moderator. 10:58 P. M. Article 79. Motion, as offered by Mr. Kenney, that Article 79 be (Cont.) postponed until after Article 98 was carried unanimously. 10:58 P. M. James Cataldo moved that the meeting be adjourned to. Tuesday, April 4, 1972 at 8 P. M. 10:58 P. M. Allan F. Kenney moved to amend the motion to adjourn to Wednesday,- April 5, 1972, 8 P. M. in Cary Memorial Hall. 10:58 P. M. Mr. Kenney' s amendment adopted at 11 P. M. —' Main motion, as amended, declared carried by voice vote. (Meeting adjourned to Wednesday, April 5, 1972, 8 P. M. in the Cary Memorial Hall.) 11 P. M. -4448n6-14 -4A , 1t Mary R. McDonough, Town Clerk 335 ADJOURNED TOWN MEETING. HELD APRIL 5, 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :10 P. M. in the Cary Memorial Hall. There were 185 Town Meeting Members present. - Invocation was offered by Rev. R. Reinhold Abele of the Pilgrim Congregational Church. 8 :12 P. M. Otis S. Brown, Jr. , with the consent of Robert B. Kent, Jr. who had originally served notice of reconsideration of Article 34 , r- moved to reconsider Article 34 . 8:13 P. M. After much discussion, Mr. Brown's motion to reconsider Article 34 is declared lost by voice vote. 8 :41 P. M. Article 80. Presented by Donald M. Graham. MOTION: To amend the Zoning By-Law as follows: A. By striking out the words "standard or par-three golf course" in the enumeration of permitted uses in paragraph 25.24 of Section 25 --USE REGULATION SCHEDULE; B. By striking out the words "Skating rinks" in the enumeration of permitted uses in paragraph 25.26. of Section 25 -- USE REGULATION SCHEDULE: C. By striking out in its entirety paragraph 25.27 of Section 25 -- USE REGULATION SCHEDULE; D. By inserting a new paragraph 25.27 containing in the column captioned "As a Principal Use" the following enumeration: "Buildings not exceeding 30,000 square feet ground coverage per lot and outdoor facilities for tennis, paddle tennis, badminton, handball, volleyball, basket- ball and other similar games on fixed courts, ice skating, ice hockey, sledding, curling, ski slopes and lifts, archery, target ranges with adequate noise protection, standard or par-three golf courses, horseback riding, swimming, water polo and other water sports not involving boats; all of the above primarily for partici- pant and not for spectator use and, except as the Board of Appeals may permit under specific conditions or at certain times, no spectator fees shall be charged" and in the columns captioned by the designation of the several zoning districts the symbol "SPS"; E. By adding in the explanation of the symbol for special permit uses requiring siteplan review "SPS" in Section 24 following the word "buildings" the words "or land inprovements, including grading and outdoor structures" . 8:43 P. M. Mr. Graham presented the Report of the Planning Board and stated that the Planning Board unanimously favors passage of this article. 8 :48 P. M. Charles F. Gallagher, Jr. stated that the Recreation Committee is in agreement with the Planning Board on this article. 8 :50 P. M. 310) Article 80. Ephraim Weiss moved to amend Article 80 by striking (Cont.) out paragraphD in its entirety and replacing the letter E at the beginning of the last paragraph with the letter D. 9:03 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 9 :13 P. M. James M. McLaughlin moved to table Article 80 which was declared lost by voice vote. 9:15 P. M. Richard E. Bayles moved to amend Article 80 by striking out in paragraph D the words "of the several zoning districts the symbol "SPS" " . By inserting in its place "RO, RS, RT and RM districts the symbol "no" , and all other zoning districts the symbol "SPS" ; 9:15 P. M. Jack L. Mitchell moved to refer this article back to the Planning Board for further study. 9:20 P. M. Motion to refer, as offered by Mr. Mitchell, declared lost by voice vote. 9:22 P. M. Motion to amend, as offered by Mr. Bayles, declared lost by voice vote. 9:22 P. M. M. Chandler Crocker, II moved the previous question which was declared carried by voice vote. 9:23 P. M. Standing vote on main motion as follows: Precinct In Favor Tellers Opposed 1 3 Arthur E. Burrell 21 2 5 Michael J. O'Sullivan 18 3 5 Frank T. Samuel 19 4 9 Walter T. Kenney, Jr. 16 5 5 Temple E. Scanlon 21 6 6 Richard A. Michelson 17 Boards & At Large 9 Howard L. Levingston 18 42 130 Motion, as offered by Mr. Graham, declared lost. 9:26. P. M. Article 81. Presented by Eric T. Clarke. (Approved MOTION: To amend the Zoning By-Law by striking out in by paragraph 25.63 of Section 25 thereof in the column Attorney captioned "As a Principal Use" the words "drive-in General, restaurants and other places for serving food, except Robert H. diner or lunch cart; " and by adding at the beginning Quinn, of paragraph 25.69 of said Section 25 in the column August captioned "As a Principal -Use" immediately preceding 17, 1972.) the words "Diners or lunch carts" the words "Restaurants and other places for serving food, including those specializing in drive-in or take-out service. " 9:32 P. M. Mr. Clarke presented the Planning Board Report. 9:32 P. M. Mr. Clarke's motion carried unanimously. 9:32 P. M. 337 Article 82.. Presented by Lois W. Brown. MOTION: To raise and appropriate the sum of $8 ,500.00 to be expended under the supervision of the Planning Board, for professional consultants and for expenses incurred by the Planning Board, to make studies and plans provided for by Sections 81C and 81D of Chapter 41 of the General Laws of various tracts of vacant lands which the Planning Board expects to be developed, such studiesto include, but not to be limited to, suitability of the tracts for development., evaluation of LI soil conditions, the impact of the proposed develop- ment on the tract itself, the adjacent areas and the environment generally, the changes in water table and drainage characteristics, and the modifications, limitations and restrictions necessary or recommended to reduce the undesirable effects of development of such tracts; and to authorize the Planning Board or the Selectmen on behalf of the Town to apply for and receive any Federal or State grants or reimbursement for which such studies may be eligible. 9:33 P. M. Mrs. Brown presented the Report of the Planning Board. 9:40 P. M. Wendy S. Pease read the Report of the Conservation Commission supporting the Planning Board. (Report was not filed.) 9:41 P. M. Margaret Wood stated that the League of Women Voters supported Article 82.. 9:42 P. M. .�. Motion, as offered by Mrs. Brown, carried by voice vote. 9:43 P. M. The Moderator called a three minute recess. 9 :44 P. M. The meeting was again called to order by the Moderator at 9:51 P. M. Lois W. Brown moved that Article 99 be taken up out of order and at this time. Carried Unanimously 9 :53 P. M. Article 99. Presented by Frank I. Michelman. MOTION: That the sum of $500.00 be raised and appropriated, for the use of the Lexington Housing Authority to defray, in whole or in part, the costs of studying, planning, or administering participation by the said Authority, as now or hereafter provided by law, in programs financially assisted by agencies of the government of the United States or of the Common- wealth of Massachusetts designed to provide opportunities to families of low or moderate income to occupy and acquire ownership interests in decent, safe, and sanitary housing, by means which avoid undue geographi- LI cal concentration of financially assisted housing and allow provision of such housing in a manner consistent with development existing in districts designated RO, RS, and RT 'under the Zoning By-Law. 9:55 P. M. This article is sponsored by the Commission on Suburban Responsibility. The League of Women Voters and the Lexington Housing Authority are in favor of this article. Motion, as offered by Mr. Michelman, carried unanimously. 10:02 P. M. 338 Article 83. Presented by Lois W. Brown. MOTION: That the General By-Laws be amended by adding to Article VI thereof a new Section 16 as follows: In addition to any authority now or hereafter vested in them by law or by any special or standing vote of the Town, the Selectmen may sell and convey to any public agency or nonprofit corporation or cooperative, for less than fair marketvalue, any lots meeting the requirements of the Lexington Zoning By-Law for buildable lots (including such lots conforming to the provisions l] of subsection 26.5 thereof) now or hereafter taken, or otherwise acquired, for nonpayment of taxes, the right of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as the Selectmen shall deem proper and also as they may deem necessary to assure that each such lot or combina- tion of lots so conveyed will have a frontage of not less than 45 feet and will be used to provide housing for not more than one household of low or moderate income eligible to be assisted under any government program designed to provide such housing, in which housing such occupants will have the opportunity to acquire ownership or equity interests; provided that any such proposed sale or conveyance shall first have been referred to the Planning Board for its report on whether or not such sale or conveyance, and associated proposed development, is consistent with local policies concerned with housing and land use and is a suitable development with regard to the area surrounding the parcel to be conveyed or sold, and either such report has been received or forty-five days have elapsed after such reference; and provided further that no lot shall be sold or conveyed under this section if its area exceeds 30,000 square feet; and provided further that notmore than five such dwellings shall be located within any circle 10 acres in area. 10:04 P. M. Wendy S. Peasemoved to substitute "The Lexington Housing Authority" for the words "any public agency or non- profit corporation or cooperative" as found in lines 2-3 of the printed text. 10 :15 P. M. Mrs. Brown stated that a majority of the Planning Board feel that such a limitation as in this amendment is unwise. 10:18 P. M. Standing vote on amendment as offered by Mrs. Pease: Precinct In Favor Tellers Opposed 1 12 Arthur E. Burrell 15 2 13 Michael J. O'Sullivan 11 3 6 Frank T. Samuel 17 4 9 Walter T. Kenney, Jr. 13 5 7 Temple E. Scanlon 16 6 9 Richard A. Michelson 13 Boards & At Large 13 Howard L. Levingston 19 69 104 Amendment, as offered by Mrs. Pease, lost. 10:28 P. M. 339 Article 83. Wendy S. Pease moved to insert, in place of the words (Cont. ) "and either such report has been received, " as found in the sixth line from the end of the Article as printed in the warrant, the following: "and also referred to the Housing Authority for its report on whether the proposed housing (considering such factors as size, layout, location, management, ownership structure, and financial terms) will be a suitable response to actual local and area needs for low and moderate cost housing, and either such reportshave been received" etc. 10:28 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose this amendment and are four to one in favor of the main motion. 10:31 P. M. Motion to amend, as offered by Mrs. Pease, declared lost by voice vote. 10:34 P. M. Alfred S. Busa moved that this article be indefinitely postponed. 10:35 P. M. Lois W. Brown stated that the Planning Board is in favor of the main motion and the Planning Board Report is placed on file. 10:39 P. M. Mr. Busa's motion to indefinitely postpone Article 83 declared lost by voice vote. 10:45 P. M. John T. Harvell moved_ to amend by adding after the words "any lots" the words "not to exceed a total of 38 such lots on a town wide basis" . 10:45 P. M. Mr. Harvell 's motion to amend declared carried by voice vote. 10:50 P. M. Paul A. Plasse moved to amend Article 83 by adding after the words "or non-profit corporation or cooperative, the words "after first offering any land in question to the Lexington Housing Authority". 10:50 P. M. Mr. Plasse's motion to amend declared lost by voice vote. 10:52 P. M. Manfred P. Friedman moved the previous question which was declared carried by voice vote. 10:52 P. M. Main motion, as amended by Mr. Harvel., now reads: MOTION: That the General By-Lawsbe amended by adding (Approved to Article VI thereof a new Section 16 as follows: --- by Attorney In addition to any authority now or hereafter vested General, ` in them by law or by any special or standing vote of the Robert H. Town, the Selectmen may sell and convey to any public Quinn, agency or nonprofit corporation or cooperative, for less July 26, than fair market value, any lots, not to exceed a total 1972. ) of 38 such lots on a town wide basis, meeting the re- quirements of. the Lexington Zoning By-Law for buildable lots (including such lots conforming to the provisions of subsection 26.5 thereof) now or hereafter taken, or 3410 Article 83. otherwise acquired, _for nonpayment of taxes, the right (Cont. ) of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as the Selectmen shall deem proper and also as they may deem necessary to assure that each such lot or combina- tion of lots so conveyed will have a frontage of not less than 45 feet and will be used to provide housing for not more than one household of low or moderate income eligible to be assisted under any government program designed to provide such housing, in which housing such occupants will have the opportunity to acquire ownership or equity interests; provided that any such proposed_sale or conveyance shall first have been referred to the Planning Board for its .report on whether or not such sale or- conveyance, and associated proposed development, is consistent with local policies concerned with housing and land use and is a suitable development with regard to the area surrounding the . parcel to be conveyed or sold, and either such report has been received or forty-five days have elapsed after such reference; and provided further that no lot shall be sold or conveyed under this section if its area exceeds 30,000 square feet; and provided further that not more than five such dwellings shall be located within any circle 10 acres in area. Motion presented under Article. 83 , as amended by Mr. Harvell, declared carried by voice vote. 10:52 P. M. J. Keith Butters moved that the meeting be. adjourned to Monday, April 10, 1972,. 8 P. M. in the Cary Memorial Hall. 10:53 P. M. Allan F. Kenney stated that the Moderator, would not be able to be present at the meeting if it were adjourned to Monday, April 10th. 10 :53 P. M. Allen Lee Whitman, Jr. moved to amend to adjourn to Wednesday, April 12,. 1972 -at 8. P. M. in. this hail. 10:55 P. M. Robert A. Bowyer moved to amend to adjourn to Wednesday, April 12, 1972 .at 7 :30 P. M. 10 :57 P. M. Robert V. Whitman moved to amend to adjourn to Monday, April 10, 1972, 8 P. M. in the Cary Memorial Hall. 10:58 P. M. It was stated that former. Moderator, Robert B. Kent, would be available for the Monday, April 10th meeting. Motion to amend, as presented by Robert V. Whitman, declared carried by voice vote. _ 10:59 P. M. Mr. Butter's motion, as amended by Robert V. Whitman, (meeting to adjourn to Monday, April 10, 1972,. 8 P. M. in Cary Memorial Hall) carried by voice vote. 11 P. M. Mary R. McDonough., Town Clerk 34j ADJOURNED TOWN MEETING HELD APRIL 10, 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :08 P. M. There were 193 Town Meeting Members present. Invocation offered by Rev. Theodore Stylianopoulos of the St. Nicholas Greek Orthodox Church. 8 :09 P. M. The Moderator, Mr. Cole, stated that he would leave the podium because of a meeting that he had to attend and turned the meeting over to the Town Clerk, Mary R. McDonough. 8 :10 P. M. The Town Clerk asked for nominations from the floor for a temporary Moderator. 8 :10 P. M. Allan F. Kenney moved that Robert B. Kent be nominated for the Temporary Moderator. Mr. Kenney's motion was seconded by Natalie H. Riffin. 8 :10 P. M. Stephen T. Russian moved that nominations be closed which was carried by voice vote. 8:11 P. M. Mr. Kenney's motion to nominate Robert B. Kent as Temporary Moderator was declared carried by voice vote. 8 :12 P. M. Mr. Kent was sworn to the faithful and impartial performance of his duties as Temporary Moderator by the Town Clerk. 8 :12 P. M. Article 84. Presented by Lois W. Brown. MOTION: To amend the Zoning By-Law by changing the zoning of the land described below from RM-multi family dwelling district to RS-one family dwelling district (Approved and by revising the Zoning Map and the Zoning District by Map to delete said land described below as tracts I and Attorney II from RM-multi family dwelling district: General, Robert H. Tract I: beginning at a point in the northerly line Quinn, of Winthrop Road, said point being at the junction of August curves of 583.04 and 2375.37 feet radius; thence gen- 17, erally northeasterly turning to the left by a curve of 1972.) 29.15 feet radius, a distance of 29.12 feet; thence 17.80 feet N 40° 00' 30" E; thence 86.32 feet N 41° 58 ' 10" W; thence 339.48 feet N 43° 32 ' 30" W; thence 179.16 feet N 45° 21' 50" E; thence 79.65 feet N. 45° 05' 50" E; thence 18.95 feet, more or less, N 41° 36 ' 00" E; thence 441.37 feet S 72° 27 ' 57" E by land now or formerly of the Lexington Housing Authority; thence 277.77 feet N 39° 47' 37" E by said Housing Authority land; thence 272.64 feet N 19° 22' 50" W by said Housing Authority land; thence 317.22 feet S 79° 22 ' 50" E; thence generally southwesterly 135.11 feet by a curve of 530.00 feet radius; thence 918.95 feet S 39° 47' 37" W by now or formerly the middle line of the Vine Brook; thence generally westerly 102.26 feet by the northerly line of Winthrop Road to the point of be- ginning; containing 6.05 acres, more or less; Tract II: beginning at a point in the southerly line of Waltham Street, as relocated by the Middlesex County Commissioners in July of 1925, said point being 156.95 feet N 27° 32' 03" E from the northerly end of a curve of 640.40 feet radius; thence by said line of Waltham Street 34.02 feet, more or less, N 27° 32 ' 03" E; thence 342 Article 84. by land now or formerly of the Lexington Arts and Crafts (Cont..) Society, Inc. and by land shown on 'Land-Court Plan 9469-N as lot -17K by two courses 151.89 feet S 79° 24 ' 57" E- and 95.53 feet S. 79°, 22' 50" E; thence by land now or formerly of the Lexington Housing Authority 103.11 feet S 26? 49' 00" W; thence by said Housing Authority land 91.74 feet N 63° 11' 00" W; Thence 55.63 feet N 26° 49' 00" E; thence 129.95 feet N 7.9° 24' 57"; thence turning to the left or more southwesterly 28.94 feet by a curve , of 30.00 feet radius; thence 1.5 feet, more or less, N 63° 11' 00" W to the point of beginning_; containing 0.26 acre, more or less. 8:18 P. M. Lois W. Brown submitted the Report of the Planning Board which unanimously recommended the adoption of the zoning amendment under Article 84.. 8:18 P. M. Main motion, as offered by Mrs. Brown, carried unanimously. 8:19 P. M. Article 85. Presented by Allan F. Kenney. MOTION: To rescind the authority granted to. the Selectmen by vote adopted under Article 99 of the Warrant for the 1970 Annual Town Meeting except so far as it relates to- Parcel B and Parcel E conveyed to the Lexington Housing Authority by twodeeds dated December 20, 1971, recorded in Middlesex South District Registry of Deeds in Book 12134, Page 637, and Book 12134,. Page 634.. Carried Unanimously 8:20 P. M. Article 86. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to abandon such portions of the sewer ease- ment and temporary sewer construction easements adjacent thereto in lands of Frederic S. Cohen et ux, charles K. Chiklis et ux, Peter F. Marciano. et-ux, Allen I. Shiner et. ux. and Carl J. Kasabian et ux as are no longer required by the Town, said easements, having been acquired by the Town by eminent domain by Order dated May24, 1971, recorded in Middlesex South District Registry of Deeds, Book 12007, Page 349; 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 :22 P. M. Article 87. Presented by Allan F. Kenney. MOTION,: To accept Section 22D of. Chapter 40 of the General Laws which _is an Act_authorizing the Selectmen to adopt, amend.,_,alter. or repeal rulesand regulations relative to the- removal- ofvehiclesparked or standing on ways under the control of the Town in such a manner as to impede .the_ removal or plowing- of snow or ice or in violation of any rule or regulation whichprohibits such parking or standing of vehicles. Carried by voice vote. 8:23 P. M. Article 88. Presented by Allan F. Kenney. MOTION: That the_Selectmen be and they hereby are authorized. .to....sell., .as one_ lot orin separate lots, to the highest bidder or bidders, or in such manner and on such other terms and conditions as the Selectmen may determine to_ be_ in the interest of- the Town, certain equipment and material of the Public Works Department 343 Article 88. that is no longer required by it, including 1 LeRoi (Cont. ) Model 11200.0 - 8 cylinder gasoline engine with 1 150 KW, 24.0 volt electric machinery synchronous generator with Clark controls, 3 Worthington 5-FLC pumps with 50 horse power motors and Clark controls, and miscellaneous piping and valves now stored in the Public Works Building. Carried Unanimously 8 :25 P. M. Article 89. Presented by Allan F. Kenney. MOTION:_ To extend_ to tale 1973_ Annual Town. Meeting the time within which the Data Processing. Study Committee, established, under. Article 43 of the 1968 Annual Town Meeting, shall report. _ Carried Unanimously 8 :25 P. M. Article 90. Presented by Herbert W. Eisenberg. (Approved by Attorney MOTION: To amend the General -By-Laws, Article XXIV, General, Section 7 , by adding the following phrase: Robert H. Quinn, "except on such as are designated by the Selectmen and July 26, marked as bicycle paths or routes." 1972. ) Carried by voice vote. 8:28 P. M. Article 91. Presented by Allan F. Kenney. MOTION.: That this article be indefinitely postponed. Carried Unanimously 8 :29 P. M. Article 92: Presented by Stephen T. Russian. MOTION: That the Selectmen be and they hereby are (See page authorized to abandon the easement to enter upon and to 348) flow the water of ButterfieWs Pond and its tribu- taries over the parcel described as "1. A Parcel of land in Lexington on the easterly side of Lowell Street containing about 0.3 acres and being a portion of land L . now or formerly of Angelina Mercadante.", in the order of taking by the Town.. datedFebruary_ 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6279, Page 318, said easement in said parcel being no longer required_by the Town; that the minimum amount to. be. paid for such abandonment shall be $250.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. 8 :30 P. M. Allan F. Kenney stated that the Board of Selectmen supports this article. 8 :32 P. M. Lois W. Brown stated that the Planning Board had no report on this article and had been given no informa- tion up to this point. 8 :36 P. M. Angela E. Frick stated that the Conservation Commission had no information on this article and would like to see a map. 8 :36 P. M. Jack L. Mitchell moved to lay Article 92 upon the table. 8:36 P. M. Motion to lay Article .92 upon the table was declared carried by voice vote. 8 :37 P. M. 44 Article 93. Presented by Mark Moore, Jr. MOTION: I move that the Town amend the Zoning By-Law A. By changing the land bounded and described below from RS - One family dwellingdistrict to RM - Multi Family (garden apartment) dwelling district, by revising the Zoning Map and by adopting a new Zoning District Map No. RM-5 showing said land as RM Garden Apartment District: A district on the Easterly side of Bedford Street bounded and described as follows: SOUTHWESTERLY by Bedford Street, 105.25 feet; NORTHWESTERLY by land now or formerly of Carine and --- Rice, 162.10 feet; SOUTHWESTERLY by land now or formerly of Rice, 12-5 feet; SOUTHEASTERLY by land now or formerly of Rice, 154.50 feet; SOUTHWESTERLY by Bedford Street, 75 feet more or less; NORTHEASTERLY by land now or formerly of Savage, by a curved line, 38 feet more or less; NORTHWESTERLY by land now or formerly of Savage, 172 feet more or less; SOUTHWESTERLY by land now or formerly of Savage, 133 feet more or less; NORTHWEST- ERLY by land ofownersunknown, 185 feet more or less; SOUTHWESTERLY by land of owners unknown, 100.8 feet; NORTHWESTERLY by land now or formerly of W. E. Stickle, 466.39 feet; NORTHEASTERLY by land now or formerly of Tropeano, 155 feet more or less; EASTERLY by land now or formerly of Boston &Maine Railroad-, 579 feet more or less; SOUTHEASTERLY by land now or formerly of Lexington Lumber Companyt 492 feet more or less; SOUTHWESTERLY by land now or formerly of Balazy, 65 feet; and SOUTHEASTERLY by land now or formerly of Balazy, 129.80 feet to the point of beginning. B. By adding in Section 22 at the end of sub- section 22..4 thereof a new paragraph reading as follows: 22.47 A district between Bedford Street and the. Boston & Maine Railroad as shown on the Zoning District Map No. RM-5 entitled -Mg Garden Apartment Districts, designated thereon 22.47. 8 :40 P. M. Mr. Moore stated that he would abstain from voting on this article. 8 :40 P. M. Mr. Moore asked that" Mr. Spaulding and Mr. Kruchen be allowed to assist him in making his presentation. Permission granted. 8:40 P. M. Lois W. Brown presented the Planning Board Report on this article. The majority of the Board in favor and the minority opposed. - 9:13 P. M. Shirley H. Stolz presented the following petition signed by 171 residents: "We the undersigned are neighboring residents of the 93 unit complex proposed in the above rezoning article of the Town Warrant to be discussed during the Annual Town Meeting beginning March 20, 1972.- We are opposed to the development on three basic grounds. Firstly, the density in this area is perhaps the heaviest in town. Secondly, partly as a result of this density, the traffic on Bedford Street has been a problem and has been further aggravated-by- recent developments of property close to the proposed site. Thirdly, there have been, and continue to be drainage problems in the areas surrounding the proposed condominium site. " 9:15 P. M. 345 Article 93. Erik Lund and Charle; H. Cole, 2nd .both stated that (Cont.) they would abstain from voting on this article. 9:42 P. M. After a lengthy discussion,- Paul_G.. Yewell moved the previous question which was declared carried by voice vote. 9:5.7 P. M. John R. Holt moved that a roll call vote be taken on Mr. Moore's motion which was declared lost by voice vote:. 9:58 P. M. - Standing vote on Mr. Moore's motion taken as follows: Precinct InFav?r Tellers Opposed • 1 12 Logan Clarke, Jr. 12 2 9 Michael J. O'Sullivan 14 3 15 Frank T. Samuel 12 4 20 Joseph 0. Rooney 4 5 11 ' Anthony L. Mancini 16 6 14 Richard. A. Michelson 10 Boards & At Large 20 Howard L. Levingston 10 101 78 Less than the required two-thirds having voted in favor, the motion of Mr. Moore is not adopted. 10:02 P. M. Temporary Moderator, Robert B. Kent, stated that as he saw the Moderator, Lincoln P. Cole, Jr.. , back in the hail he would call for a two minute recess and turn the gavel over to Mr. Cole. 10:02 P. M. The meeting was again called to order by Moderator, Mr. Cole, at 10:08 P. M. Mark Moore, Jr. served notice of reconsideration of. Article 93. 10:10 P. M. Article 94. Mark Moore, Jr. moved to lay Article 94 upon the table. Carried by voice vote. 10:10 P. M. Article 95. Presented by Frank H. Totman, Jr. MOTION: To amend the Zoning By-Law A. By changing the land bounded and described below from RO -- One Family dwelling district to RM -- Multi Family (garden apartment) dwelling districts, by revising the Zoning Map and by adopting a new Zoning District Map, No. RM-5 showing land as RM Garden Apartment District: A district off Concord Avenue and northerly of said Concord Avenue, bounded and described as follows: r- (Mr. Totman stated that the description is as printed in the warrant and wished the reading of the description to be dispensed with. No objections were raised from the Town Meeting, therefore Mr. Totman did not read the following description:) 346 Article 95. Commencing at .a..point .in. the. Northeasterly line of (Cont.) Concord Avenue at land- of Foster_, at the. end of a face wall andone hundred fifty-eight and 73/100. (158 .73) feet, Southeasterly from the County Commissionersstone bound; thence running .Nos#h 30 degrees-_.34.' 30-" East, one hundred...thirty-two_and 15/100 _(132.15) feet- by said land of Foster to a drill hole in the base of a set wall; thence turning and running North, 43. degrees, 48 ' West, along said land of Foster, .seventy-nine and 9/10 (7.9.9) feet to.a. .drill hole; thence running North, 30 degrees, 6" West by said- land of Foster thirty-one and 9/10 (31.9) feet to a drill hole at a .corner; thence turning and running North, 37 degrees, 21' East, along land of said Foster seventy-three and 9/10 (73.9) feet to a point; thence running North 17 degrees, 231 East, by said land of Foster seventeen and //10 (1.7.2) feet to another point; thence running North 43 degrees, 10' East along said land of Foster., three hundred ninety- six and 8/10 (396.8) feet to a point in the stone wall; thence continuing by said land of Foster North 42 degrees 9' East, one hundred seventy-seven and 3/10 (177.3.) feet to .a corner in a stone wall at land of Bedell; thence turning and running South 50. degrees, 20' , 30" East by land of Bedell, two hundred ninety- eight and 95/100 (298.95) feet to a cross wall; thence running South 56. degrees East, by said land of Bedell, two hundred sixty-four and 6/10 (264.6) feet to a corner; thence turning and running South, 40. degrees, 58' West by land of Condon, thirty-three and 5/10. (33.5) feet to a cross wall;. thence running South 58 degrees, 16' , .20" West by said land formerly of Condon and by land of Fuller, five hundred ninety and 9/10 (590.9.) feet to. a point in said wall; thence running South, 57 degrees, 28' , 30" West by land of: Staples, one hundred five and 9/10 (105.9) - feet to a point in said wall; thence running South 55 degrees, 381 West, by land of said Staples, ninety-nine' (99) feet to a bend in said wall; thence turning slightly and running South,. 36 degrees, 40' West, by said land of Staples five and 8/10 (.5.8) feet to Concord Avenue; thenceturning and running North 61 degrees, 57' ,. 30" West, by said Concord Avenue, one hundred thirty-six and 10/100 (136.10) feet to a point in the. North-Easterly line of said Concord, Avenue; thence running North 63 degrees, 30' West. by said Concord Avenue, seventy-four and 50/100 (74.50) feet to the point of beginning. The above land- is shown on- 'Plan of Land. in Lexington, owned by S. Louise Foster, May 1916' , Henry F. Beal, C.E. , and recorded with Middlesex South District Registry of Deeds. Said land is also shown as Lot 32onAssessors Property Map #10 of .the Town of Lexington and contains a land area of approximately 7.921 acres. The land belongs to .Nishan Haroian and Elizabeth D. Haroian, husband and wife, as tenants by the entirety, both of Lexington, Massachusetts. B. By adding in- Section 22 at the end of subsection 22.-4 thereof a new paragraph reading as follows: 22.47 a district off Concord Avenue and northerly of said Concord Avenue as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47. 10:15 P. M. William Whalon, David Pavelka and John Crowe were recognized and presented the case for Article 95. 10:48 P. M. 347 Article 95. Donald M. Graham presented the following petition (Cont.;) signed by twenty residents: "We, the undersigned, wish to be recorded as opposed to Article 95, of the Town Warrant, which proposes to amend the Zoning By-Law to RM (multi-Family Dwellings) . We are not convinced that the introduction of an apart- ment complex on Concord Avenue would be desirable for the area. " 10:52 P. M. Mr. Graham submitted the Planning Board Report. Majority of the Board recommends unfavorable action and a minority of Board recommends favorable action. 10:52 P. M. Standing vote on Mr. Totman's motion as follows: Precinct In Favor Tellers pposed 1 16 Logan Clarke, Jr. 7 2 13 Michael J. O'Sullivan _ 10 3 16 Frank T. Samuel 8 4 10 Joseph 0. Rooney 13 5 15 Anthony L. Mancini 10 6 13 Richard A. Michelson 13 Boards & At Large 18 Howard L. Levingston 11 101 72 Less than the required two-thirds having voted in favor, the motion, as presented by- Mr. Totman, declared lost. 11:07 P. M. Allan F. Kenney moved that the meeting adjourn to Wednesday, April- 12,- 1972,. 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:07 P. M. , 40214ckuire Mary R. McDonough, Town Clerk 348 ADJOURNED. TOWN MEETING HELD APRIL 12, 1972 Meeting called to order by the Moderator, Lincoln P. Cole, Jr-. , at 8:07 P. M. There were 185 Town Meeting Members present. The invocation was offered by Dr. Edwin D. McLane, Minister of Education, Hancock United Church of Christ. 8:08 P. M. Article 96. Presented by Judith J. Uhrig. MOTION: That article 96 be referred to the Recreation Committee to be reported back at the next annual. Town Meeting, within the context of a comprehensive, long- range recreation proposal. 8:10 P. M. Martha Wood was recognized and shestated that the League of Women Voters recommended referral to the Recreation Committee. 8:12 P. M. Motion, as presented by Mrs. Uhrig., declared carried by voice vote. 8:12 P. M. Jack L. Mitchell moved that Article 92 be taken off the table. Carried by voice vote. 8 :12 P. M. Article 92. Stephen T. Russian re-reads the motion. MOTION: That the. Selectmen be and they hereby are authorized to abandon the easement toenter upon and to flow the water of Butterfield's. Pond and its tributaries over the parcel described as. "1. A parcel of land in -, Lexington- on. the easterly .side_ of Lowell Street .containing about 0.3 acresand being a portion .of .land ..now or formerly of Angelina Mercadante...", in the order of -taking by the Town dated February 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6.279, Page 318, said easement in said parcel being no longer required by the Town; that the minimum amount to be paid for such abandonment shall be $250.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the executionthereof, shall approve. 8:13 P. M. Mr. Russian stated that he had given a letter to the Moderator to the effect that he would not vote on this article. 8:13 P. M. Lois W. Brown stated that the Planning Board had just been polled and that-they are in favor of Article 92._ 8 :20 P. M. Motion, as presented by Mr. Russian, carried by voice vote. 8:21 P. M. Mark Moore, Jr. moved for reconsideration of Article 93. 8:21 P. M. William J. Scouler moved that motion to reconsider Article 93 be postponed until after action on Article 101. Carried by voice vote. 8:22 P. M. 3 49 Article 97. Presented by Allan F. Kenney. MOTION: That this articlebe indefinitely postponed. Carried Unanimously. 8 :22 P. M. Article 98. Presented by Frank I. Michelman. MOTION: That the General By-Laws bg amended by sub- stituting for Section 25 of ARTICLE XXIV thereof a new Section 25 as follows: I (a) The Battle Green shall be freely open for the use, enjoyment, and inspiration of all in any manner not forbidden by or pursuant to law or by-law. (bY Portions of the Battle Green may, by order of the Board of Selectmen, be temporarily withdrawn from public access for necessary repair or maintenance. (c) Any person or persons desiring to use the. Battle Green for any public meeting, performance, or similar organized activity, which will fully occupy the Green or any substantial portion thereof over a period of time, shall first obtain permission from the Board of Selectmen upon written application to the Board in such form (including reasonable identi- fication of the applicant or applicants) as the Board may prescribe. The. Board shall •grant permission as requested unless refusal is necessary for the protection of public health or the safety of persons or property; the prevention of excessive or protracted noise at unsuitable hours; orthe avoidance of conflict with previously scheduled activity. The reason or reasons for any refusal of permission shall be stated in the public record. (d) No person shall climb upon, deface, mutilate LI or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respect- ful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. (e) Any officer or board which may be charged with responsibilities concerning the Battle Green_, either concurrently with or in place of the Board of Select- men, shall exercise such responsibilities in accordance with the provisions of this section. 8:25 P. M. George S. Silverman moved to amend Article 98, para- graph (c.) after the words "as the board may prescribe" . . . . add the following sentences: "Such application must be submitted no later than two weeks preceding the event. Applications may be accepted after the filing period has elapsed upon good cause shown. " 8 :40 P. M. Joseph A. Campbell asked the Town Counsel, Donald E. Legro, if it is a proper motion as it relates to the warrant. 8:43 P. M. Mr. Legro stated that it -was within the scope of the article. 8 :43 P. M. Mr. Legro then came to the podium and stated that this was the first time in his ten years as Town Counsel that he had entered into discussion on any article but that he 350 Article 98. felt he must -speak oar-this article. He wasvery much (Cont.) opposed to this amendment to _ General By-Laws. 8 :50 P. M. Mr. Silverman's motion to amend was declared lost by voice vote. 8:53 P. M. Louis A. Zehner would prefer adoption of Article 79 but would accept neither Article 79 or 98 and would leave the original by-law stand. 9:02 P. M. I Selectman, Sanborn C. Brown spoke in favor of Article 98. 9:08 P. M. Allan F. Kenney spoke for the majority of the Board of Selectmen (3 to 2) opposed to--this article. 9:18 P. M. Howard L. Levingston moved that this article be indefinitely postponed. 9:22 P. M. Leon A. Burke, Jr. moved the previous question which was declared lost by voice vote. 9:31 P. M. Frank H. Totman, Jr. moved that thismotion be referred back to the Selectmen's Committee-for 'report- at the next Annual Town Meeting. 9:32 P. M. Both Mr. Kenney. and Mr. Michelman opposed to the referral motion. 9:33-- P. M. The Moderator- stated_ that the- time for debate on the motion to refer had expired. 9:43 P. M. Frank Sandy moved for a suspension of the rules in regard to the time limit for debate. 9:44 P. M. Standing vote on Mr. Sandy's motion to suspend the rules as follows: Precinct In Favor Tellers Opposed 1 6 Logan Clarke, Jr. 18 2 3 Michael J. O'Sullivan 18 3 6 Charles F. Gallagher, Jr. 19 4 11 Alfred P. Tropeano 19 5 9 Stephen T. Russian 13 6 5 Stanley E. Toye 21 Boards & At Large 9 Howard L. Levingston 20 49 128. Motion to suspend the rules declared lost. 9:49 P. M. Mr. Totman's motion to refer is declared lost by voice '-- vote. 9:50 P. M. Voice vote on motion to indefinitely postpone Article 98 was doubted, so a standing vote was taken as follows: f — - 351 Article 98. Precinct In Favor Tellers Opposed (Cont.) 1 16 Logan Clarke, Jr. 10- 2 11 Michael J. O'Sullivan 10 3 21 Charles F. Gallagher, Jr. 7 4 11 Alfred P. Tropeano 15 5 10 Stephen T. Russian 11 6 21 Stanley E. Toye 7 Boards & At Large 17 Howard L. Levingston 11 107 71 Motion to indefinitely postpone Article 98 adopted. 9:53 P. M. Article 79. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10:01 P. M. Article 100. Presented by Paul J. MacKenzie. MOTION: That the Town Meeting authorize a committee to study the feasibility of providing public trash collection in the Town of Lexington and that the aforesaid committee shall consist of five (5.) citizens; one to be appointed by the Board of Selectmen, one to be appointed by the Planning Board and three to be appointed by the Moderator of whom one shall be designated Chairman. This committee shall report the findings of their study no later than the 1973 Annual Town Meeting. 10:02 -P P. M. Edward E. Furash stated that the Appropriation Committee is opposed to this article. 10:07 P. M. Standing vote taken as follows.: Precinct In Favor Tellers Opposed 1 15 Logan Clarke, Jr. 10 2 7 Michael J. O'Sullivan 12 3 13 Charles F. Gallagher, Jr.10 4 12 Alfred P. Tropeano 12 5 10 Stephen T. Russian 10 6 5 Stanley E. Toye 21 Boards & At Large 9 Howard L. Levingston - 21 71 96 Not Adopted. 10:10 P. M. Article 101. Presented by Edward E. Furash. MOTION: To appropriate the sum of $68,000.00 from the Excess and Deficiency Account toward the reduction of the 1972 tax rate. Carried by voice vote. 10:13 P. M. ! Frank Sandy moved that the meeting be dissolved but was ruled out of order by the Moderator. 10:15 P. M. The Moderator stated that the meeting was now open on the motion to reconsider Article 93. 10:15 P. M. 352 Mark Moore, Jr. spoke on his motion to reconsider Article 93. 10:15 P. M. Mr. Sly of SpauldingandSly was recognized and gave his reasons for wanting reconsideration of Article 93. 10:22 P. M. After general discussion, a standing vote was taken on the motion to reconsider Article 93. Precinct In Favor Tellers Opposed 1 13 Logan Clarke, Jr. 9 2 5 Michael J. O'Sullivan_ 16 3 13 Charles F.-.Gallagher, Jr. 12 -- 4 14 Alfred P. Tropeano 11 5 8 Anthony L. Mancini 13 6 12 Stanley E. Tope 13 Boards & At Large 19 Howard L. Levingston 10 84 84 Motion to reconsider Article 93 is not_ adopted. 10:55 P. M. Mark Moore moved to take Article 94 off the table which was carried by voice vote. 10:55 P. M. Article 94. Presented by Mark Moore, Jr. MOTION: That this article- be indefinitely postponed. Carried by voice vote. 10:56 P. M. Allan F. Kenney moved that the meeting be dissolved. Carried by voice vote. 10:56 P. M. ` 4,4.4 Mary R. McDonough, Town Clerk Ernest A. Giroux, 10 Oakmount Circle, resigned as a Town Meeting Member in Precinct Three as of April 14 , 1972. Doreen D. Plasse, 197 Cedar Street, next in line at the March 6, 1972 Annual Town Election, was moved up and accepted as of April 20, 1972, Town Meeting Membership in Precinct Three, filling the vacancy caused by the resignation of Mr. Giroux. Term expires in March 1973. (WARRANT FOR PRESIDENTIAL PRIMARY - See Warrant Book) PRESIDENTIAL PRIMARY April 2-5, 1972 In pursuance of the foregoing warrant the legalvotersof the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, April 25, 1972 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School-; Precinct Two., Adams School; Precinct Three,- Cary Memorial Hall; Precinct 17 Four, Senior High School-; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School. The election officers and Wardens of the various precincts were assigned fordutyas follows: Precinct One Precinct Two R-Mary E. Clifford Warden R Ilda J. Field R Marjorie E. Wirpio Clerk R Agnes Heimlich R Virginia M. Warner Inspector R Ida B. Fisk R Ruth Janette Fullerton Inspector R Alice G. Marshall D Eileen J. Fradette Inspector D Henry P. Meade D Maude A. O'Neill Inspector D Ann M. Baum D Margaret K. Nelson Inspector D Helen C. MacGillivray D Elizabeth A. Ambrose Inspector D Lillian T. MacArthur D Rita E. Kiley *Teller R Norma B. Jervis R Barbara A. Smith *Teller D Rose I. McLaughlin D Greta E. Glennon *Teller D Donna L. Williams R Elizabeth H. Baird *Teller R Doris E. Barclay D Donald C. Glennon *Teller R Ellen H. White R Ruth M. Mitchell *Teller D Dorothy A. McCallum *Reported for duty at 7:45 P. M. [- Precinct Three Precinct Four D Randall W. Richards Warden D Edna F. Marshall R Dolores M. Swan Clerk D Mary G. Oliver R Edna D. Anderson Inspector R Mary G. McCauley D Marjorie Modoono Inspector R Rose J. Grant D Helen G. Garten Inspector R Caroline F. Deloury R Winifred E. Ivester Inspector R Robert P. Trask, Jr. D John T. McDonough, Jr. Inspector D Helen C. Rooney R Mildred M. Cronin Inspector D Anna N. Bushard D Sheila A. Faulkingham *Teller R Dorothy F. LeBert R Norma E. Ebbs *Teller D Louise E. Ahern D Joan H. McDonough *Teller D Elaine M. Sullivan R Evelyn Cole *Teller R William E. Rice D Anne C. Williamson *Teller D Joseph P. Marshall R Helen C. MacDonald *Teller R Bessie G. Baker *Reported for duty at 7 :45 P. M. Precinct- Five Precinct Six D Joseph O. Rooney Warden D Mary J. Ferry D Helen L. Perry Clerk D Elizabeth. F. Downey R Mary F. Irwin Inspector R Sally S. Hooper r- R Margaret S. Wilson Inspector R Florence M. Downe R Edith B. Cheever Inspector R Oliver F. Hooper D Mary C. Casey Inspector R Caroline P. Johnston D Alice Lillian Osgood Inspector D Mary V. Spencer R Carol A. Goldthwait Inspector D James S. Galloway D George E. Williams *Teller D Marie C. Galloway D Mary E. Smith *Teller D Mary C. Joseph R Anne M. Butler *Teller R Letitia E. Cunha D Mary F. Williams *Teller R Irene Norcross R Louise M. Barentine *Teller R Barbara A. Estey D Anne T. Gelinas *Teller D Laurent A. Gauthier *Reported for duty at 7:45 P. M. ' 54 i The election officers were sworn tothe faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were closed. Republicans voted on the voting machines. The size of the Democratic ballot prohibited the use of the voting machine, so the Democrats voting had to use paper ballots. The total number of registered voters in each precinct as follows: l Precinct Independents Republicans Democrats Totals L--- One 1,433 643 1,257 3,333 Two 1,288 625 1,011 2,924 Three 1,103 943 797 2,843 Four 1,121 790 918 2,829 Five 1,225 918 1,014 3 ,157 Six 1,277 758 837 2;872 Totals 7 ,447 4,677 5,834 17,958 Reconciliation sheets were delivered to the Town Clerk at her office as follows: DEMOCRATIC TALLY SHEETS Precinct One Wednesday, April 26, 1972 - 10:50 A. M. Precinct Two Wednesday, April 26, 1972 - 12:15 P. M. Precinct Three Wednesday, April 26., 1972 - 8:55 A. M. Precinct Four Wednesday, April 26, 1972 - 10:45 A. M. Precinct Five Wednesday, April 26, 1972 - 5 :15 A. M. Precinct Six Wednesday, April 26, 1972 - 8:30 A. M. REPUBLICAN TALLY SHEETS - -,4 Precinct One Tuesday, April 25, 1972 - 11:50 P. M. Precinct Two Tuesday, April 25, 1972 - 11:15 P. M. Precinct Three Tuesday, April 25, 1972 - 9:15 P. M. Precinct Four Tuesday, April 25, 1972 - 11:00 P. M. Precinct Five Tuesday, April 25, 1972 - 10:0.7 P. M. Precinct Six Tuesday, April 25, 1972 - 9:32 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One Ballots Cast: Rep. 192 Dem. 885 Total 1,077 Precinct Two Ballots Cast: Rep. 160 Dem. 797 Total 957 Precinct Three Ballots Cast: Rep. 296 Dem. 716 Total 1,012 Precinct Four Ballots Cast: Rep. 238 Dem. 827 Total 1,065 Precinct Five Ballots Cast: Rep. 263 Dem. 861 Total 1,124 Precinct Six Ballots Cast: Rep. 223 Dem. 687 Total 910 Totals Ballots Cast: Rep. 1,372 Dem. 4,773 Total 6,145 REPUBLICAN PARTY Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Total PRESIDENTIAL PREFERENCE John M. Ashbrook 12 8 24 15 17 11 87 Paul N. McCloskey, Jr. 31 38 46 39 49 50 253 Richard M. Nixon 121 96 183 132 165 135 ` 832 McGovern 2 1 8 20 6 1 38 Wallace 1 1 2 2 0 0 6 Chisholm 0 0 0 1 1 1 3 Muskie 0 0 0 1 0 0 1 H. Jackson 1 0 0 0 0 0 1 Blanks 24 16 33- 28 25 25 151 Totals 192 160 296 238 263 223 1,372 L "X r� 355 DELEGATES AT LARGE TO NATIONAL CONVENTION Pr.l Pr.2 Pr.3 Pr-.4 Pr.5 Pr.6 Totals Francis W. Sargent 106 102 169 143 87 132 739 Elizabeth E. Amesbury 84 60 125 97 100 92 558 Lloyd B. Waring 76 66 133 91 109 90 565 Margaret M. Donohue 74 58 118 88 97 85 520 Ann C. Gannett 83 63 118 95 96 92 547 Robert C. Hahn 61 51 106 82 79 82 461 Elliott L. Richardson 92 90 172 139 139 124 756 Leverett Saltonstall 105 99 179 151 146 130 810 John A. Volpe 92 82 161 137 131 115 718 Jaye A. Whittier 65 60 100 86 90 87 488 Mary Fonseca 1 0 0 0 0 0 1 Blanks 1,081 869 1,579 1,27.1 1,556 1,201 7,557 Totals 1,920 1,600 2,960 2,380 2,630 2,230 13,720 ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION William F. Arrigal, Jr. 64 50 98 79 88 79 458 Muriel Erna Ballantine 68 53 101 83 81 79 465 Ann R. Blackham 74 62 110 99 87 90 522 Ronald Burton 75 59 121 100 95 96 546 Hastings Keith 81 69 148 113 112 98 621 Paula E. Logan 64 55 102 83 80 80 464 Josephine C. Marcotte 57 45 94 83 73 78 430 F. Bradford Morse 94 86 170 135 134 127 746 Martha Reardon 64 48 100 106 76 81 475 Emily R. Terlizzi 58 43 97 79 69 75 421 Blanks 1,221 1,030 1,819 1,420 1,735 1,347 8,572 Totals 1,920 1,600 2,960 2,380 2,630 2,230 13 ,720 DISTRICT DELEGATES TO NATIONAL CONVENTION - FIFTH DISTRICT Paul- W. Cronin 101 75 144 118 133 118 689 Lydia Lee Howard 79 60 126 100 111 99 575 Blanks 204 185 322 258 282 229 1,480 Totals 384 320 592 476 526 446 2,744 ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION - FIFTH DISTRICT Lawrence Braverman 93 69 135 112 122 105 636 Deborah Williams 89 68 130 106 115 111 619 Blanks 202 183 327 258 289 230 1,489 Totals 384 320 592 476 526 446 2,744 STATE COMMITTEE (SEVENTH MIDDLESEX DISTRICT) Phillip A. Adams 69 68 131 110 93 96 567 Blanks 123 92 165 128 170 127 805 Totals 192 160 296 238 263 223 1,372 STATE COMMITTEE (SEVENTH MIDDLESEX DISTRICT) Marion E. Hunt 74 68 147 114 108 93 604 Helen June Ekstrom 28 20 33 33 33 27 174 Blanks 90 72 116 91 122 103 594 Totals 192 160 296 238 263 223 1,372 356 REPUBLICAN TOWN COMMITTEE Pr.]. Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals *Lincoln P. Cole, Jr. 112 99 190 158 168 147 874 *Donald B. White 86 60 153 103 138 102 642 *Allan F. Kenney 100 75 157 133 137 104 706 *Robert Cataldo 93 82 155 134 143 110 717 *Marion E. Hunt 88 72 154 124 128 116 682 *Barbara E. Bauder 74 55 112 87 97 86 511 *Marjorie T. Balsor 74 56 112 103 94 88 527 *Howard L. Levingston 77 58 113 92 107 93 540 *Levi G. Burnell 86 62 143 102 140 98 631 -„ *Arthur T. Bernier 77 54 103 105 105 87 531 *William G. Converse 78 58 116 89 99 90 530 *Lorraine F. Converse 80 59 113 86 101 99 538 *Miriam A. Drake 77 53 100 103 88 88 509 *John M. Davis 76 51 101 89 92 85 494 *Helen June Ekstrom 81 58 111 90 104 89 533 *Eleanor Bradford Litchfield 89 64 137 106 135 101 632 *Marilyn M. Dwight 76 51 .105 83 92 92 499 *Norman P. Cohen 71 53 109 82 87 81 483 *Leslie H. York 82 60 123 100 106 98 569 *Reed Kingston Taylor 77 55 108 88 93 85 506 *Frank T. Samuel 77 58 124 90 90 87 526 *J. S. Nason Whitney 78 63 141 91 101 95 569 *Temple E. Scanlon 82 62 135 97 124 94 594 *Thomas F. Costello 82 58 106 97 86 97 526 *Jared R. Cone 71 47 96 85 84 87 470 *David A. Wilson 81 51 100 84 92 90 498 *Jacqueline S. Bowersock 73 50 105 89 86 91 ' 494 *Francis R. Heiligmann 69 44 98 80 78 90 459 *Arthur E. Burrell 87 60 122 98 112 97 576 *Elizabeth L. Furash 72 57 106 103 90 91 519 • *Camille B. Skov 67 48 99 80 97 82 473 *Nancy P. Kenney 79 55 104 99 96 89 522 *Ruth G. Bevan 73 56 129 99 96 93 546 *Ruth Morey 86. 65 133 113 124 101 622 *Frank H. Totman, Jr. 78 65 112 90 96 94 535 — Blanks 3,911 3,526 6,135 4,878 5,499 4 ,488 28 ,437 Totals 6,720 5,600 10360 8,330 9,205 7 ,805 48 ,020 *Elected to the Republican Town Committee. DEMOCRATIC PARTY PRESIDENTIAL PREFERENCE Shirley Chisholm 57 38 37 42 58 33 265 Edward T. Coll 0 0 0 0 0 0 0 Vance Hartke 0 0 0 0 0 0 0 Hubert H. Humphrey 49 17 24. 27 29 33 179 Henry M. Jackson 35 18 10 11 21 10 105 John V. Lindsay 0 2 1 2 2 1 8 Eugene McCarthy 12 7 6 4 5 5 39 George McGovern 546 589 520 591 605 450 3,301 Wilbur D. Mills 6 6 6 7 1 6 32 ---, Edmund S. Muskie 133 103 76 120 106 116 654 George C. Wallace 39 11 25 14 21 27 137 Sam Yorty 0 0 1 0 0 0 1 '-r. .' McCloskey 0 0 0 0 2 0 2 Kennedy 2 2 0 2 5 4 15 Fred Harris 0 0 0 0 1 0 1 Nixon 1 0 0 0 0 0 1 Blanks 5 4 10 7 5 2 33 Totals 885 797 716 827 861 687 4 ,773 35 DEMOCRATIC PARTY (CONT.) Pr-i-1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals DELEGATES AT LARGE TO NATIONAL CONVENTION Robert F. Drinan 610 604 549 61.5 644 468 3 ,490 ' Mary I. Bunting 580 574 530 589 614 451 3,338 Jack H. Backman 564 567 514 579 600 443 3,267 Ellen M. Jackson 564 566 514 570 599 439 3,252 J. Kenneth Galbraith 590 588 530 599 628 462 3 ,397 Roberta F. Benjamin 562 562 512 562 596 434 3,228 John L. Saltonstall, Jr. 596 594 527 594 629 464 3 ,404 r- Ruth M. Batson 567 565 515 578 607 437 3 ,269 Alvin Levin 563 560 512 570 597 438 3,240 Mary E. Williamson 562 562 513 566 597 434 3 ,234 Charles F. McDevitt 561 558 514 569 600 442 3 ,244 Mary A. Markel 558 558 502 563 589 431 3,201 Jesse Parks 555 556 501 561 591 432 3 ,196 Doris M. Kanin„ 552 552 501 562 587 431 3,185 Salvador E. Luria 578 582 528 591 631 450 3 ,360 Margaret V. Eagan 558 559 513 562 593 436 3 ,221 F. Christopher Arterton 551 554 508 560 592 433 3,198 Patricia A. Simon 559 559 513 564 601 432 3 ,228 Elizabeth A. Chase 561 559 512 559 596 438 3,225 Antonia H. Chayes 567 560 513 566 601 437 3 ,244 . Kevin H. White 180 128 97 153 143 153 854 Thomas P. O'Neill, Jr. 166 118 89 134 119 139 765 Robert H. Quinn 162 117 89 133 122 126 749 Doris Kearns 141 93 83 120 103 115 655 Lena Saunders 137 92 78 116 97- 108 628 Robert Q. Crane 159 111 88 125 115 129 727 David M. Bartley 149 107 83 124 113 121 697 Kevin 'B. Harrington 158 109 87 131 110 130 725 Mary L. Fonseca 139 101 80 120 102 120 a 662 Geraldine Pleshaw 133 88 80 111 96 111 619 Salvatore Camelio 144 100 72 117 103 114 650 r' Ronald Glover 131 91 79 113 95 110 619 Samuel H. Beer 144 91 91 - 119 105 114 664 _ _ Betty Taymor 136 89 86 119 100 111 637 Ann L. Dunphy 135 93 83 118 102 114 645 Melvin B. Miller 136 86 81 112 98 113 626 K. Dun Gifford 132 87 79 113 94 109 614 Nicholas Mavroules 134 88 76 113 97 111 619 **Irene Lambert 135 86 76 111 95 107 610 George G. Burke 18 17 8 8 21 19 91 Endicott Peabody 35 32 18 21 35 31 172 Blanks 3403 2591 2321 2617 2960 2493 16385 Totals 17700 15940 14320 16540 17220 13740 95460 **Anna. P. Buckley 135 86 79 113 103 110 626 X58 DEMOCRATIC PARTY (CONT.) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals ALTERNATE DELEGATES AT LARGE TO NATIONAL CONVENTION Alexander Rodriguez 552 551 508 577 606 443 3,237 Kenneth J. Moynihan 561 554 507 572 603 436 3,233 Karl H. Haag - 548 547 503 565 587 434 3,184 Constance Kantar 554 553 507 569 591 435 3 ,209 Carl K. King 551 549 504 570 592 437 3,203 Anne P. Priest 552 557 509 572 601 438 3,229 Stephen J. Morgan 552 547 504 562 606 435 3,206 - Monteal M. Yerby 545 552 503 565 587 433 3,185 Francis E. Moore 548 552 502 566 591 437 3,196 -- Sandra L. Ahlburn 548 555 503 566 591 433 3,196 Kathleen K. Houton 550 550 503 565 588 432 3,188 Michael J. Brower 553 550 503 569 599 439 3,213 John F. X. Davoren 159 108 82 124 106 130 709 Archibald Cox 144 100 82 123 101 122 672 Elizabeth Parnes 136 93 78 116 96 110 629 Frank J. Manning 140 94 76 117 101 113 641 Alfred Olerio 143 90 74 117 103 1.15 642 Barbara J. Garvey 136 91 76 114 96 110 623 Jack E. Robinson 137 89 81 116 99 112 634 James E. Smith 132 89 70 112 96 112 611 Susan Haar 139 90 81 112 100 111 633 Peter Edelman 141 88 77 112 97 111 626 James F. Mulloney 138 92 78 116 96 109 629 Margaret M. Breen 140 94 78 112 103 113 640 Blanks 2,321 1,829 1,603 1,715 1996 1,644 11,108 Totals 10,620 9,564 8,592 9,924 10332 8,244 57,276 DISTRICT DELEGATES TO NATIONAL CONVENTION - 5TH- DISTRICT Joseph F. Sweeney 132 98 75 101 105 99 610 Gail Dunfey 123 96 70 101 100 96 586 John F. Cogan, Jr. 163 125 92 131 132 123 766 Joan S. Buglione 127 93 66 99 99 93 577 John A. Callahan 129 98 69 101 104 95 596 Rochelle G. Caney 126 98 73 100 102 97 596 Robert B. Kennedy 131 98 66 102 105 100 602 John Joseph Buckley 43 23 16 17 27 20 146 Carole A. Schultz 28 16 17 11 20 16 108 Cornelius F. Kiernan 35 19 18 11 21 18 122 B. Joseph Tully 33 19 18 12. 22. 18. 122 William C. Geary-, Jr. 30 17 15 11 22 15 110 James F. Linnehan 31 20 17 10 2.1 .15 114 Kevin C. Sullivan 36 18 15 12 19 20 120 Patricia G. Bensetler 9 6 11 10 6 8 50 Veronica C. Dooley 8 9 11 4 5 6 43 Nathaniel B. Guild 31 26 18 17 16 19 127 Ann J. Guzowski 7 7 9 5 4 8 40 Klaus Kubierschky 4 9 8 4 4 6 35 Judith A. Pickett 10 9 11 6 4 6 46 Paul D. Vergakes 8 5 8 4 3 4 32 Charles N. Tsapatsaris 464 479 436 503 530 366 2,778 Caroline B. Rees- - 469 485 433 513 523 374 2,797 Jane_A. .Trudeau . 492 505 444 538 547 388 2,914 Albert D. Kowalak 464 486 434 499 523 373 2,779 S. Mark Tuller 467 483 433 504 529 376 2,792 James D. Pitts, 3rd 417 425 403 454 487 333 2,519 Jean E. Rubenstein .437 439 408 475 504 349 2,612 1 Glenn M. Cooper 22 8 10 12 6 14 72 Blanks 1,719 1,360 1,308 1,422 1,437 -1,354 8,600 Totals - 6,195 5,579 5,012 5,789 6,027 4 ,809 33,411 359 DEMOCRATIC PARTY (:CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals ALTERNATE DISTRICT DELEGATES TO NATIONAL CONVENTION 5TH DISTRICT William M. Goldsmith 122 96 75 107 103 98 601 Martha J. Monazynski 121 93 68 99 98 93 572 David A. Tibbetts 121 93 67 99 95 93 568 Sylvia L. Conroy 120 90 69 97 94 97 567 Anna M. Visconti 33 16 17 15 22 20 123 Helen Gilbride Droney 37 20 15 13 22 17 124 Mark E. Goldman 32 15 14 11 21 19 112 -- Paul J. Sheehy 31 - 19 14 14 23 19 120 Anne Marie Goggin 7 13 10 5 5 8 48 Paul T. White 23 19 19 14 19 28 122 Gerald J. Urban 6 9 10 5 5 5 40 Michelle R. Lamarche 7 11 10 4 4 6 42 Eleanor Abbott 456 482 433 509 519 369 2,768 Beverly W. Jarnagin 462 478 435 508 518 370 2,771 Dennis M. Prebensen 448 475 425 497 518 364 2,727 Edward J. Romano, Jr. 436 472 424 493 511 350 2,686 Blanks 1,078 787 759 818 867 792 5,101 Totals. 3,540 3,188 2,864 3,308 3,444 2,748 19,092 STATE COMMITTEE SEVENTH MIDDLESEX DISTRICT John F. Cogan, Jr. 511 389 357 433 455 401 2,546 Edward M. App 29 15 14 19 23 29 129 Thomas P. Lyons 46 43 31 33 40 40 233 Blanks 299 350 314 342 343 217 1,865 Totals 885 797 716 827 861 687 4 ,773 LI STATE COMMITTEE SEVENTH MIDDLESEX DISTRICT Claire Buckley Dwyer 210 98 49 69 95 46 567 Nancy F. Earsy 431 388 367 472 468 431 2,557 Blanks 244 311 300 286 298 210 1,649 Totals 885 797 716 827 861 687 4,773 DEMOCRATIC TOWN COMMITTEE Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals *William T. Spencer 489 368 386 410 438 382 2,473 *Joan Pearson Turner 458 364 341 399 423 368 2,353 *Roger G. Trudeau 490 374 360 419 469 383 2,495 *Julian Soshnick 509 378 361 402 428 374 2,452 *John J. Maguire 540 403 365 429 466 421 2,624 *Philip N. Bredesen 487 392 337 400 420 365 2,401 *Evert N. Fowle 472 370 344 460 418 378 2,442 �. *Eileen S. Carpenter 475 363 339 394 415 362 2,348 *Eric T. Clarke 501 436 362 439 443 386 2,567 *Norman J. Richards 478 360 342 411 414 367 2,372 *Martin I. Small 491 395 391 434 452 3g5 2,548 *Emily W. Frankovich 489 375 363 424 481 380 2,512 *Mary Ann Seitz 484 365 347 401 421 361 2,379 *Enid M. Starr 470 359 344 386 407 366 2,332 *Catherine B. Walters 469 362 348 39.9 411 359 2,348 *Mimi B. Dohan 481 362 340 392 443 363 2,381 *Wiltrud R. Mott-Smith 481 405 348 415 432 379 2,460 *Jean E. Rubenstein 489 377 361 421 482 387 2,517 *David Reiner 477 366 343 397 471 361 2,415 *John F. Cogan, Jr. 508 395 364 427 436 415 2,545 *Mary T. Cogan 495 380 347 406 423 394 2,445 *Nancy F. Earsy 504 406 390 460 486 414 2,660 *Elizabeth D. Power 489 379 358 417 435 402 2,480 *Daniel E. Power 493 387 369 429 445 408 2,531 *Frank M. Polestra 479 358 320 390 401 355 2,303 *Daniel I. Small 495 394 405 435 470 381 2,580 *George S. Silverman 475 358 338 392 406 375 2,344 *Marion T. Coletta 484 387 358 436 462 390 2,517 *Richard I. Miller 465 356 329 403 401 367 2,321 *Catherine M. Cullen 461 364 333 387 410 365 2,320 *William Spencer Sullivan 470 379 328 398 413 384 2,372 *Gary M. Seligson 449 347 334 385 397 358 2,270 *Joseph M. Cronin 500 385 379 432 451 396 2,543 *Arthur J. Brock 472 373 323 395 400 362 2,325 .. *Elizabeth A. Keddy 470 371 328 389 406 353 2,317 Carol Caro 0 0 0 0 0 2 2 Charles McEnroe 0 0 0 1 0 0 1 Blanks 14036 14702 12735 14531 14959 10797 81,760 Totals 30975 27895 25060 28945 30135 24045 167 ,055 *Elected to the Democratic Town Committee. A true copy. Attest: ;)?4(4,-, ))17J4nelAine, a Mary R. McDonough, Town Clerk 361 Wendy S. Pease, 53 Ward Street, resigned as a Town Meeting Member in Precinct Five as of August 4., 1972. David A. Lavender, 20 Avon Street, next in line at the March 6, 1972 Annual Town Election, was moved up and accepted as of August 9, 1972, Town Meeting Membership in Precinct Five, filling the vacancy caused by the resignation of Mrs. Pease. Term expires in March 1973. 62 (WARRANT FOR STATE PRIMARY - See Warrant Book) STATE PRIMARY September 19, 1972 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 19, 1972 at 7 :00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; -- Precinct Six, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R Mary E. Clifford Warden R Ilda J. Field R Marjorie E. Wirpio Clerk R Agnes Heimlich R Virginia M. Warner Inspector R Alice G. Marshall D Eileen J. Fradette Inspector D Henry P. Meade D Helen G. Garten Inspector D L. Francis Murphy D Helen C. Rooney Inspector D Ann M. Baum Precinct Three Precinct Four D Randall W. Richards Warden D Edna F. Marshall R Dolores M. Swan Clerk D Mary G. Oliver R Edna D. Anderson Inspector D Maude A. O'Neill D Marjorie Modoono Inspector R Rose J. Grant R Winifred E. Ivester Inspector R Mary G. McCauley D Anne C. Williamson Inspector R Ida B. Fisk Precinct Five Precinct Six D Joseph O. Rooney Warden D Mary J. Ferry R Helen L. Perry Clerk D Elizabeth F. Downey D Rita E. Kiley Inspector D Mary V. Spencer R Mary F. Irwin Inspector R Florence M. Downe R Margaret S. Wilson Inspector R Sally S. Hooper D Marie C. Galloway Inspector R Mildred M. Cronin The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of August 19, 1972 as follows: Precinct Independents Republicans Democrats_ Totals One 1,230 654 1,483 3,367 Two 1,108 589 1,241 2,938 Three 950 877 1,047 2 ,874 Four 912 738 1,160 2,810 Five 1,037 872 1,244 3 ,153 —. Six 1,115 715 1,063 2,893 Totals 6,352 4,445 7,238 18,035 :6: Reconciliation sheets were delivered to the Town Clerk at her office as follows: Precinct One 8 :50 P. M. Precinct Two 9:12 P. M. Precinct Three 8 :50 P. M. Precinct Four 9:25 P. M. Precinct Five 8 :40 P. M. Precinct Six 9:15 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Prec. One Ballots Cast: Rep. 133 Dem. 868 Total 1,001 Prec. Two Ballots Cast: Rep. 106 Dem. 766 Total 872 Prec.. Three Ballots Cast: Rep. 222 Dem. 645 Total 867 Prec. Four Ballots Cast: Rep. 189 Dem. 783 Total 972 Prec. Five Ballots Cast: ;Rep. 233 Dem. 798 Total 1,031 Prec. Six Ballots Cast: Rep. 176 Dem. 612 Total 788 Totals 1,059 4,472 5,531 31% of the 18,035 registered voters cast their vote. REPUBLICAN PARTY Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Total SENATOR IN CONGRESS Edward W. Brooke 116 90 204 171 202 158 941 Blanks 17 16 18 18 31 18 118 Totals 133 106 222 189 233 176 1,059 CONGRESSMAN (Fifth .District) - Paul W. Cronin 75 69 161 144 185 140 774 George P. Macheras 5 7 8 3 5 6 34 Armand Morissette 9 9 6 9 4 3 40 Ellen A. Sampson 33 13 35 22 29 17 149_ Blanks 11 8 12 11 10 10 62 Totals 133 106 222 189 233 176 1,059 COUNCILLOR (Sixth District) Blanks 133 106 222 189 233 176 1,059 Totals 133 106 222 189 233 176 1,059 SENATOR (Seventh Middlesex District) Ronald C. MacKenzie 115 85 196 166 205 159 926 Blanks 18 21 26 23 28 17 133 Totals 133 106 222 189 233 176 1,059 REPRESENTATIVE IN GENERAL COURT (Seventh Middlesex District) Blanks 133 133 Totals 133 133 REPRESENTATIVE IN GENERAL, COURT (Twenty-fourth Middlesex District) Lincoln P. Cole, Jr. 96 203 171 215 165 850 Blanks 10 19 18 18 11 76 Totals 106 222 189 233 176 926 34 REPUBLICAN PARTY (CONT.) Pr..1 Pr:2- Pr.3 Pr.4 Pr.5 Pr.6 Totals REGISTER OF PROBATE AND INSOLVENCY (Middlesex County) Blanks 133 106 222 189 233 176 1,059 Totals 133 106 222 189 233 176 1,059 COUNTY COMMISSIONERS (Middlesex County) -- Sherry H. Jenkins 80 47 125 117 132 102 603 Ed Mattar 28 31 62 58 71 51 301 `-" William R. Morrison 86 67 149 117 138 116 673 Blanks 72 67 108 86 125 83 541 Totals 266 212 444 378 466 352 2,118 COUNTY TREASURER (Middlesex County) William A. Barnstead 110 81 197 154 188 153 883 Blanks 23 25 25 35 45 23 176 Totals 133 106 222 189 233 176 1,059 DEMOCRATIC PARTY SENATOR IN CONGRESS John J. Droney 366 240 176 201 211 186 1,380 John Pierce Lynch 71 51 44 74 76 48 369 Gerald F. O'Leary 220 250 203 231 250 216 1,370 Blanks 211 225 222 272 261 162 1,353 Totals 868 766 645 783 798 612 4 ,472 CONGRESSMAN (Fifth District) Glenn M. Cooper 16 13 20 8 18 14 - 89 John J. Desmond 32 30 9 13 18 15 117 Anthony R. DiFruscia 105 44 27 47 67 50 340 Helen Gilbride Droney 26 24 17 15 20 16 118 Frederick J. Finnegan 13 7 11 9 3 8 51 Robert B. Kennedy 7 13 7 18 17 8 70 John F. Kerry 568 554 485 516 560 423 3,106 Daniel P. Kiley, Jr. 7 6 3 5 4 12 37 Paul J. Sheehy 30 19 19 23 21 31 143 Richard Williams 40 28 15 108 44 24 259 Blanks 24 28 32 21,. 26 11 142 Totals 868 766 645 783 798 612 4 ,472 COUNCILLOR (Sixth District) G. Edward Bradley 175 119 62 86 109 96 647 Lawrence J. Carr 198 157 131 158 151 113 908 Dennis Gregory Jakimczyk 68 61 40 42 39 51 301 Thomas Robbat 58 29 43 53 49 37 269 —1 Blanks 369 400 369 444 450 315 2,347 Totals 868 766 645 783 798 612 4 ,472 SENATOR (Seventh Middlesex District) J. Frank Hassett 143 118 100 123 125 107 716 William H. Shaughnessy 395 334 187 255 255 206 1,632 Blanks 330 314 358 405 418 299 2,124 Totals 868 766 645 783 798 612 4,472 365 DEMOCRATIC PARTY (CONT.) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals REPRESENTATIVE IN GENERAL COURT (Seventh .Middlesex District) John F. Cusack 558 558 Blanks 310 310 Totals 868 868 REPRESENTATIVE IN GENERAL COURT (Twenty-fourth Middlesex District) Blanks 766 645 783 798 612 3,604 Totals 766 645 783 798 612 3,604 REGISTER OF PROBATE AND INSOLVENCY (Middlesex County) John V. Harvey 294 207 180 222 217 174 1,294 Joseph M. Barry 119 87 54 84 81 71 496 Francis J. Harrington 112 86 73 90 94 79 534 Blanks 343 386 338 387 406 288 2,148 Totals 868 766 645 783 798 612 4,472 COUNTY COMMISSIONERS (Middlesex County Frederick J. Connors 95 69 33 51 57 54 359 John F. Dever, Jr. 154 125 61 70 89 83 582 Anthony Accardi 19 7 1 8 7 7 49 James F. Adams 31 16 20 15 20 23 125 Pasquale R. Coppola 67 36 16 26 30 20 195 Francis R. King, Jr. 19 9 7 4 9 4 52 Kenneth Manning 40 27 27 20 29 32 175 "-" S. Lester Ralph 492 494 447 545 544 384 2,906 Joseph P. Trainor, Jr. 21 13 16 16 24 29 119 Paul E. Tsongas 464 482 452 565 545 376 2,884 George Tsoukalas 53 35 29 29 41 23 210 Blanks 281 219 181 217 201 189 1,288 Totals 1,736 1,532 1,290 1,566 1,596 1,224 8,944 COUNTY TREASURER (Middlesex County) Thomas B. Brennan 163 109 61 80 83 90 586 Chester W. Cooper 41 29 26 26 40 29 191 Paul G. Counihan 492 511 461 569 549 384 2,966 Frank J. Mirabelli 54 30 12 21 18 20 155 Blanks 118 87 85 87 108 89 574 Totals 868 766 645 783 798 612 4 ,472 A true copy. Attest: 210/L,u; )V41444 . 1 a -- Mary R. McDonough, Town Clerk Of the 220 applications for absentee ballots for the September 19, 1972 State Primary that were processed, only 126 ballots returned. 366 Donald R. Grant, 23 Somerset Road, resigned as a Town Meeting Member in Precinct Three as of September 25, 1972. Russell B. Mason, One Frost Road, next in line at the March 6, 1972 Annual Town Election, was moved up and accepted as of September 28 , 1972, Town Meeting Membership in Precinct Three, filling the vacancy caused by the resignation of Mr. Grant. Term expires in March 1973. • J 367 ABSENTEE BALLOTS FOR THE NOVEMBER '7', 1972 ELECTION APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED PRECINCT PROCESSED RETURNED UNUSED TOO LATE UNUSED IN PERSON 1 10 10 0 0 0 2 18 18 0 0 0 3 21 20 1 0 0 7 4 17 16 1 0 0 5 20 19 1 0 0 L.- 6 10 10 0 0 0 Totals 96 93 3 0 0 SERVICEMAN - VOTER 1 12 10 2 0 0 2 11 9 0 2 0 3 10 8 1 1 0 4 15 10 3 1 1 5 9 7 2 0 0 6 13 10 3 0 0 Totals 70 54 11 4 1 SERVICEMAN - NON-VOTER 1 6 5 1 0 0 2 9 5 3 1 0 3 8 4 3 0 1 4 3 2 1 0 0 5 6 4 2 0 0 6 8 5 2 0 1 Totals 40 25 12 1 2 REGULAR BALLOTS MAILED 1 163 138 17 5 3 2 101 87 11 2 1 3 181 157 20 1 3 4 158 140 13 2 3 5 134 110 17 4 3 6 135 116 12 5 2 Totals 872 748 90 19 15 TOTALS 1,078 920 116 24 18 1 16 Rejected 2 7 Rejected 3 7 Rejected 4 2 Rejected 5 8 Rejected 7 6 6 Rejected Totals 46 Rejected 368 (WARRANT FOR STATE ELECTION - See Warrant Book) STATE ELECTION November 7, 1972 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 7, 1972 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary Memorial Hall; Precinct Four, Senior High School; Precinct Five, Central Fire Station; Precinct Six, Maria Hastings School; Partial Ballots, Cary Hall. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R Mary E. Clifford Warden R Ilda J. Field R Marjorie E. Wirpio Clerk R Agnes Heimlich R Virginia M. Warner Inspector R Alice G. Marshall R Ruth M. Mitchell Inspector R Ida B. Fisk D Eileen J. Fradette Inspector D Henry P. Meade D Helen G. Garten Inspector D L. Francis Murphy D Anna N. Bushard Inspector D Ann M. Baum D Mary H. Coyle Inspector D Helen C. MacGillivray Precinct Three Precinct Four D Randall W. -Richards Warden D Edna F. Marshall R Dolores M. Swan Clerk R Rose J. Grant R Edna D. Anderson Inspector D Mary G. Oliver D Marjorie Modoono Inspector D Helen C. Rooney R Winifred E. Ivester Inspector D Maude A. O'Neill D Anne C. Williamson Inspector R Mary G. McCauley R Elinor M. Vassallo Inspector R Dorothy F. LeBert D Joan H. McDonough Inspector R Ellen H. White Precinct Five Precinct Six D Joseph O. Rooney Warden D Mary J. Ferry R Helen L. Perry Clerk D Elizabeth F. Downey D Mary C. Casey Inspector D Mary V. Spencer R Mary F. Irwin Inspector D Mary C. Joseph D Rita E. Kiley Inspector R Florence M. Downe R Margaret S. Wilson Inspector R Sally S. Hooper D Marie C. Galloway Inspector R Mildred M. Cronin R Carol A. Goldthwait Inspector R Caroline P. Johnston Inspector * R Harold W. Josephson * Replaced Caroline P. Johnston at 7 P. M. PARTIAL BALLOT D Elaine M. Sullivan Warden �1 R Anne M. Butler Clerk The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. 369 The total number of registered voters in_ each precinct eligible to vote as of October 7, 1972 as follows: Precinct Independents Republicans Democrats Totals One 1,313 681 1,588 3,582 Two 1,122 614 1,346 3,082 Three 983 901 1,140 3,024 Four 945 767 1,252 2,964 Five 1,050 893 1,341 3,284 Six 1,179 729 1,147 3,055 7 Totals 6,592 4 ,585 7,814 18,991 L_ Reconciliation sheets were delivered to the Town Clerk at her office as follows: Precinct One 10:55 P. M. Precinct Two 10:50 P. M. Precinct Three 11:40 P. M. Precinct Four 11:10 P. M. Precinct Five 10:15 P. M. Precinct Six 10:45 P. M. Partial Ballot 8 :15 P. M. The Town Clerk and the members of the Board of REgistrars canvassed the results as follows: Precinct One 2,964 voters cast their vote Precinct Two 2,615 voters cast their vote Precinct Three 2,562 voters cast their vote Precinct Four 2,566 voters cast their vote Precinct Five 2,861 voters cast their vote Precinct Six 2,671 voters cast their vote Totals 16,239 voters cast their vote 7- 86% of the 18,991 registered voters cast their vote. There were 40 citizens eligible to vote the Partial Ballot for Presidential Electors Only. Of the 40 eligible,34 cast their vote. PRESIDENT AND VICE PRESIDENT Partial Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Ballot Totals Jenness and Pulley 9 10 12 8 9 8 0 56 McGovern and Shriver 1577 1475 1272 1349 1456 1332 17 8,478 Nixon anlAgnew 1325 1084 1232 1159 1343 1273 16 7,432 Fisher and Gunderson 0 0 0 0 0 0 0 0 Schmitz and Anderson 0 0 3 0 1 4 1 9 Hall and Tyner 0 0 0 0 0 0 0 0 Spock and Hobson 0 0 0 2 0 0 0 2 Hospers and Nathan 0 0 1 0 0 0 0 1 Blanks 53 46 42 48 52 54 0 295 Totals 2964 2615 2562 2566 2861 2671 34 16,273 * SENATOR IN CONGRESS Edward W. Brooke 1839 1626- 1819 1744 1989 1742 10,759 John J. Droney 806 6:' 5 447 542 552 624 3,646 Donald Gurewitz 62 70 95 74 75 71 447 -- Blanks 257 244 201 206 245 234 1,387 Totals 2964 2615 2562 2566 2861 2671 16,239 CONGRESSMAN (Fifth District) Paul W. Cronin 1151 998 1149 1082 1281 1227 6,888 John F. Kerry 1574 1424 1237 1303 1365 1246 8 ,149 Roger P. Durkin 38 22 32 30 25 28 175 Blanks 201 171 144151 190 170 1,027 Totals 2964 2615 2562 2566 2861 2671 16 ,239 370 COUNCILLOR (Sixth District) Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals G. Edward Bradley 1218 1025 862 943 907 963 5,918 Blanks 1746 159.0_ 17.0.0 1623 1954 1708 10,321 Totals 2964 2615 2562 2566 2861 2671 16 ,239 SENATOR (Seventh Middlesex District) Ronald C. MacKenzie 1623 1363 1594 1561 1814 1588 9,543 William H. Shaughnessy 945 872 573 648 637 654 4,329 Blanks 396 380 395 357 410 429 2,367 Totals 2964 2615 2562 2566 2861 2671 16,239 REPRESENTATIVE IN GENERAL COURT (Seventh Middlesex District) John F. Cusack 1522 1522 Blanks 1442 1442 Totals 2964 2964 REPRESENTATIVE IN GENERAL COURT (Twenty-fourth Middlesex District) Lincoln P. Cole, Jr. 1582 1818 1755 1977 1810 8,942 Blanks _ ,. 1033 744 811 884 861 4 ,333 Totals 2615 2562 2566 2861 2671 13 ,275 REGISTER OF PROBATE AND INSOLVENCY (Middlesex Countyj John V. Harvey 1314 1106 923 985 971 1042 6,341 Blanks 1650 1509 1639 1581 1890 1629 9,898 Totals 2964 2615 2562 2566 2861 2671 16,239 COUNTY COMMISSIONERS (Middlesex Count Sherry H. Jenkins 853 735 934 818 995 867 5,202 William R. Morrison 919 777 961 859 1006 948 5,470 S. Lester Ralph 1467 1373 1154 1284 1299 1217 7,794 Paul E. Tsongas 1395 1326 1109 1242 1263 1158 7 ,493 Blanks 1294 1019 966 929 1159 1152 6,519 Totals 5928 5230 5124 5132 5722 5342 32,478 COUNTY TREASURER (Middlesex Count Thomas B. Brennan 1054 900 692 711 754 775 4 ,886 William A. Barnstead 1222 1089 1310 1251 1420 1262 7,554 Paul Counihan 0 0 0 0 4 0 4 Blanks 688 626 560 604 683 634 3,795 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 1 - (FARM LAND VALUATION) Yes 1874 1707 1778 1785 1968 1786 10,898 No 709 497 484 502 542 524 3,258 Blanks 381 411 300 279 351 361 2,083 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 2 - (18 YEAR. OLD VOTING) Yes 2279 1960 2045 2050 2043 2053 12,430 No 327 306 271 264 338 314 1,820 Blanks 358 349 246 252 480 304 1,989 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 3 - (PAUPER VOTING) Yes 2253 1956 2010 2019 2170 2030 12,438 No 348 303 266 257 372 297 1,843 Blanks 363 356 286 290 319 344 1,958 Totals 2964 2615 2562 2566 2861 2671 16,239 371 QUESTION NO. 4 - (STUDENT LOANS FOR TUITION AND. BOARD) Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Totals Yes 1836 1654 1629. 1678 1792 1649 10,238 No 832 667 713 685 802 743 4 ,442 Blanks 296 294 220 203 267 279 1,559 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. '5 - (ENVIRONMENTAL BILL OF RIGHTS) [- Yes 2191 1972 2017 2014 2182 1990 12,366 No 412 318 287 290 368 346 2,021 Blanks 361 325 258 262 311 335 1,852 Totals 2,964 2615:'.. 2562--, 2566 _2 61:,-26.71 QUESTION NO. 6 - (GRADUATED INCOME TAX) Yes 1016 1000 984 1056 1099 1052 6,207 No 1724. 1376 1371 1215 1561 1397 8,644 Blanks 224 239 207 295 201 222 1,388 . Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 7 -(JUDGES TO RETIRE AT 70) Yes 2006 1737 1777 1777 1958 1830 11,085 No 643 566 539 568 642 564 3,522 Blanks 315 312 246 221 261 277 1,632 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 8 - (18 YEAR OLD DRINKING) Yes 1285 1092 1173 1211 1311 1121 7,193 No 1287 1145 1050 1060 1237 1159 6,938 Blanks 392 378 339 295 313 391 2,108 Totals 2964 2615 2562 2566 2861 2671 16 ,239 QUESTION NO. 9 - (PRAYER IN PUBLIC SCHOOLS) Yes 1704 1462 1429 1477 1652 1547 9,271 No 914 823 870 842 919 806 5,174 Blanks 346 330 263 247 290 318 1,794 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 10E (ALCOHOLIC BEVERAGES-CLUBS & WAR VETERANS'ORGANIZATIONS) Yes 1453 1183 1135 1193 1347 1323 7,634 No 884 833 896 849 937 826- - 5,225 Blanks 627 599 531 524 577 522 3,380 Totals 2964 2615 2562 2566 2861 2671 16,239 QUESTION NO. 1OF - (ALCOHOLIC BEVERAGES - RESTAURANTS) Yes 1786 1509 1525 1571 1724 1577 9,692 No 623 557 656 586 699 672 3,793 Blanks 555 549 381 409 438 422 2,754 Totals 2964 2615 2562 2566 2861 2671 16,23.9 r- QUESTION NO. 11 - (REDUCTION SIZE OF MASS. HOUSE) Yes 1969 1,969 No 430 430 Blanks 565 565 Totals 2964 2,964 A true copy. Attest: ilet4` ^! Mary R. McDonough, Town Clerk Norman P. Cohen, 56 Coolidge Avenue, resigned as a Town Meeting Member -in Precinct Three as of December 12, 1972. Spencer Lavan, 52 Hancock Street, next in line at the March 6, 1972 Annual Town Election, was moved up and accepted as of December 15, 1972, Town Meeting Membership in Precinct Three, filling the vacancy caused by the resignation of Mr. Cohen. Term expires in March 1973. 313 (WARRANT FOR ANNUAL TOWN ELECTION - See Warrant Book) ANNUAL TOWN ELECTION March 5, 1973 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 5, 1973 at 7 :00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Ida B. Fiske Dorothy F. LeBert Inspector L. Francis Murphy Precinct Three Precinct Four Marjorie Modoono Warden Edna F. Marshall Mildred M. Cronin Clerk Rose J. Grant Mary H. Coyle Inspector Mary G. Oliver Marie T. Walton Inspector Mary G. McCauley Carol A. Goldthwait Inspector Helen C. Rooney Precinct Five Precinct Six Randall W. Richards Warden Mary C. Casey Dolores M. Swan Clerk Anne M. Butler Edna D. Anderson Inspector Helen C. MacGillivray Winifred E. Ivester Inspector Helen G. Garten Joan H. McDonough Inspector Ruth M. Mitchell Precinct Seven Precinct Eight Mary F. Irwin Warden Joseph O. Rooney Ann M. Baum Clerk Helen L. Perry Sally S. Hooper Inspector Margaret S. Wilson Harold W. Josephson Inspector Henry P. Meade Dorothy A. Shine Inspector Rita E. Kiley Precinct Nine Mary J. Ferry Warden Elizabeth F. Downey Clerk Caroline P. Johnston Inspector Florence M. Downe Inspector Mary V. Spencer Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. 374 The total number of registered voters in each precinct eligible to vote as of February 13, 1973 as follows: Precinct Independents R publicans Democrats Totals One 712 387 922 2,021 Two 714 468 1,024 2,206 Three 735 329 755 1,819 Four 762 665 913 2,340 Five 838 414 874 2,126 Six 684 703 828 2,215 Seven 674 561 878 2,113 Eight 722 528 722 1,972 Nine 868 489 831 2,188 Totals 6,709 4,544 7,747 19,000 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:35 P. M. Precinct Two 9:12 P. M. Precinct Three 9 :07 P. M. Precinct Four 9 P. M. Precinct Five 8 :30 P. M. Precinct Six 9:50 P. M. Precinct. Seven 9:20 P. M. Precinct Eight 8 :20 P. M. Precinct Nine 9 :05 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 655 voters cast their vote Precinct Two 851 voters cast their vote Precinct Three 709 voters cast their vote Precinct Four 918 voters cast their vote Precinct Five 779 voters cast their vote Precinct Six 947 voters cast their vote Precinct Seven 895 voters cast their vote Precinct Eight 806 voters cast their vote Precinct Nine 796 voters cast their vote Total 7,356 voters cast their vote 39% of the 19,000 registered voters cast their vote. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMAN , Allan F. Kenney 463 617 488 703 560 695 650 625 594 5,395 Blanks 192 234 221 215 219 252 245 181 202 1,961 Totals 655 851 709 918 779 947 895 806 796 7,356 Allan F. Kenney was elected Selectman for the term of three years. 375 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SCHOOL COMMITTEE Jane E. Berchtold 230 378 321 404 376 486 455 283 282 3,215 Robert H. Kingston 202 339 325 395 '329 420 391 320 339 3,060 Judith L. Levow 147 144 114 134 154 187 189 160 179 1,408 Patricia A. Swanson 420 521 376 564 413 502 487 535 529 4,347 Blanks 311 320 282 339 286 299 268 314 263 2,682 Totals 1,310 1,702 1,418 1,836 1,558 1,894 1,790 1,612 1,592 14 ,712 Jane E. Berchtold and Patricia A. Swanson were elected to the School Committee each for a term of three years expiring in 1976. PLANNING BOARD Eric T. Clarke 312 498 390 514 423 587 564 431 417 4 ,136 Lawrence R. Glynn 207 250 203 270 216 207 204 233 272 2,062 Blanks 136 103 116 134 140 153 127 142 107 1,158 Totals 655 851 709 918 779 947 895 806 796 7,356 Eric T. Clarke was elected to the Planning Board for a term of five years ending in 1978. MODERATOR Lincoln P. Cole, Jr. [7 488 629 506 724. 5.80 719 665 642 620 5,573 Blanks 167 222 203 194 199 228 230 164 176 1,783 Totals 655 851 709 918 779 947 895 806 796 7 ,356 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending in 1974. In August 1972 the precinct lines were changed (effective as of January 1973) and the number of precincts were changed from six to nine. Because of this, the term of office of all town meeting members ended and anyone wishing to become a townmeetingmember had to run for office in this election. The seven in each precinct receiving the highest number of votes to serve forthe term of three years, the seven in each precinct receiving the next highest number of votes to serveforthe term of two years, and the seven in each precinct receiving the next highest number of votes to serve for the term of one year. 376� � 3 � 6 TOWN MEETING MEMBERS - PRECINCT ONE ***Anita M. Bonasera 294 ****Ruth M. Mitchell 250 ***Lois W. Brown 300 *Alfred A. Murray 249 ***William A. Busa 295 Sumner E. Perlman 215 **James Cataldo 264 **Haskell W. Reed. 269 ****Ralph A. Cataldo 250 **Barry E. Sampson 275 *William R. Cataldo 239 William T. Whiting . 216 *Edwin H. Farr 249 *Albert P. Zabin .246 ***Homer J. Hagedorn 282 *Vito M. Bellino 235. **Patricia K. Hagedorn 278 Robert J. Burns 228 ***Howard M. Kassler 304 Melvyn P. Galin 145 **Paul J. MacKenzie 264 John F. Glennon 174 ***William E. Maloney, Jr. 280 Matthew C. Guy 218 *Bernice Manning 237 ***Richard Heller 280 **Jack L. Mitchell 255 Blanks 6,964 ****Tie for fourteenth place. Special election March 19, 1973 to determine the winner of the one and two year terms. ***Elected for three years. **Elected for two years. *Elected for one year. TOWN MEETING MEMBERS - PRECINCT TWO ***Elizabeth H. Clarke 428 James E. Storer 299 ***Eric T. Clarke 406 ***Patricia A. Swanson 494 **Norman N. Connolly 386 ****Thomas G. Taylor 316 **Angela E. Frick 384 *Frank H. Totman, Jr. 352 *Francis G. Fuery 324 *Judith J. Totman 328 Allan Green 305 *Mary Louise Touart 328 ****Eric B. Kula 316 ***Alan B. Wilson 438 *Lillian T. MacArthur 336 ***Donald D. Wilson 392 **Donald L. MacGillivray 358 Jason H. Woodward 247 **Frank I. Michelman 386 Rena W. Abelmann 293 **Wiltrud R. Mott-Smith 354 J. Harper Blaisdell, Jr. 215 *Roy J. Murphy 330 **William F. Delay 361 --- ***Michael J. O'Sullivan 405 Elsie A. Dorain 263 ***Vernon C. Page 493 Joseph C. Steinkrauss 300 **Arthur C. Smith 368 Blanks 7 ,666 ****Tie for twenty-first place. Special election March 19, 1973 to determine the winner of the one year term. ***Elected for three years. **Elected for two years. *Elected for one year. TOWN MEETING MEMBERS - PRECINCT THREE **Wallace B. Baylies, Jr. 259 ***Richard W. Souza 310 ***Robert A. Bowyer 294 Samuel Berman 185 *Philip N. Bredesen - 240 Richard K. Brown 126 **Guy D. Busa 289 John P. Carroll 219 **Shirley A. Byrne 292 *Erna S. Greene 233 *Joseph A. Campbell 231 **Benjamin W. Katz 247 *Frederic D. Corazzini 233 William J. Manning 219 *Thomas F. Costello 229 Peter Charles Mills 214 ***Jacqueline B. Davison 376 Marian C. Reilly 216 ***Elizabeth M. Flynn 301 *Marie Roberts 228 J ***Lilah H. Groisser 294 *Robert I. Rotberg 242 **Gloria V. Holland 273 Melville W. Webb 130 **Melvin G. Holland 276 David G. Williams 210 ***Robert H. Kingston 296 George E. Williams 176 ***Erik L. Mollo-Christensen 336 Blanks 7,437 **Paul V. Riffin 278 ***Elected for three years. **Elected for two years. *Elected for one year. 377 TOWN MEETING MEMBERS - PRECINCT FOUR ***Nyles Nathan Barnert 454 ***Joseph 0. Rooney 405 ***Arthur T. Bernier 478 **Joseph A. Trani 383 James E: . Brown 184 *Alfred P. Tropeano 363 ***Otis S. Brown, Jr. 446 *Judith J. Uhrig 329 **Stanley A. Brown 404 *John Deutch 291 ***William J. Dailey, Jr. 465 *Nancy F. Earsy 330 ***Richard K. Eaton 438 Raymond T. Fitzsimmons 290 ***Dan H. Fenn, Jr. 513 *Joyce Hals 300 **Robert M. Gary 364 Kenneth A. King 125 "®` **Martin A. Gilman 390 Mary MacNeill 198 Peter C. J. Kelley 268 Guy B. Moss 204 **Walter,T. Kenney, Jr. 403 Paul J. Nicholson 281 **Irving H. Mabee 374 Ruth S. Thomas 219 Hugo R. Maienza 277 George P. Wadsworth 253 *Mary K. McKenney 362 *Helen M. Walker 302 George R. Medeiros 196 Sidney K. Whiting 244 **Margaret F. Rawls 367 Blanks 8,378 ***Elected: 3 yrs. **Elected: 2 yrs. *Elected: 1 yr. TOWN MEETING MEMBERS - PRECINCT FIVE ***Jane E. Berchtold 417 **Howard Cravis 303 **Arthur E. Burrell 320 ***Guy W. Doran 366 ***J. Keith Butters 365 Edward W. Jervis, Jr. 237 **Charles W. Durkin 298 *George F. McCormack 266 ***Charles F. Gallagher, Jr. 348 Leon D. Michelove 255 ***Donald M. Graham 355 **Robert A. Modoono 291 *Joseph P. Marshall 265 *John F. Quinlan 262 *Martin V. Sussman 257 Warren Roberts 165 ***Weiant Wathen-Dunn 348 Joseph R. Russo 172 **Bernice O. Weiss 335 **Sam Silverman 332 ***Ephraim Weiss 345 *Paul F. Sullivan 261 *Stillman P. Williams 274 Lloyd D. Taylor 252 ,® Jack A. Arnow 231 Robert F. Walton 195 *Donald H. Briggs, Jr. 258 Blanks 8,311 **Fredric S. Cohen 275 ***Elected for three years. **Elected for two years. *Elected for one year. TOWN MEETING MEMBERS - PRECINCT SIX ***Alan G. Adams 472 **Daniel I. Small 356 **Levi G. Burnell 356 **William T. Spencer 365 **Charles H. Cole, 2nd 350 *Donald B. White 337 **Kenneth M. Cox 363 *J. S. Nason Whitney 312 John F. Downey, Jr. 310 Charles A. Winchester 281 Herbert W. Eisenberg 301 Leslie H. York 304 ***Elizabeth C. Haines 429 *Susan S. Beck 332 ***John T. Harvell 399 Anthony M. Briana 230 ***Robert B. Kent, Jr. 441 Daniel P. Busa 268 *Spencer Lavan 321 *Joan P. Crothers 313 ***Howard L. Levingston 388 *Mimi B. Dohan 342 Russell B. Mason 262 Arthur D. Marlin 105 **H. Bigelow Moore 369 *Joyce A. Miller 341 **William R. Page 374 Barry R. Perlis 222 t--- Charles E. Parks 252 Virginia F. Ross 191 Frank T. Samuel 300 Robert M. Shaw 253 ***Edith Sandy 391 Camille B. Skov 176 ***Frank Sandy 389 . Blanks 8,692 ***Elected for three years. **Elected for two years. *Elected for one year. 378 TOWN MEETING MEMBERS - PRECINCT SEVEN **Gabriel Baker 372 *Winifred- L. L. Friedman 362 ***Richard E. Bayles 421 James H. Graham 228 ***Robert E. Bond 434 Kingston L. Howard 289 **Renee T. Cochin 391 Patricia H. Kaczmarczyk .270 ***Manfred P. Friedman 464 *Barbara E. Kramer 342 *Donald K. Irwin 347 *Mary W. Miley 352 William A. Melbye, Jr. 270 Robert C. Navarro 272 *Myron L. Miller 361 Nathaniel Pitnof 88 **David Reiner 394 Henry Price 220 ***Stephen T. Russian 446 Chris. A. Theodore 232 **William J. Scouler 400 **Jane A. Trudeau 406 ***Iris G. Wheaton. 422 **Jacquelyn H. Ward 403 1 ***Allen, Lee Whitman, Jr. 431 *Graydon M. Wheaton .326 ***Robert V. Whitman 411 *Adele T. Wisotzky 308 Robert V. Dodd 259 **Martha C. Wood 388 Emily W. Frankovich 269 Blanks 8,217 ***Elected for three years. **Elected for two years. *Elected for one year. TOWN MEETING MEMBERS - PRECINCT EIGHT ***Margery M. Battin 359 ***Paul A. Plasse 364 ***Richard H. Battin 362 Albert S. Richardson, Jr. 264 *G. Richard Beamon 309 *Temple E. Scanlon 295 Richard W. Bush 264 ***Frank L. Shunney 353 **Charles E. Connolly, Jr. 323 ***Mary E. Shunney 350 *Roy Edward Cook 298 *Francis W. K. Smith 285 **M. Chandler Crocker, II 334 Shirley H. Stolz 254 **Joseph M. Cronin 341 *Stanley E. Toye _ 277 **William P. Fitzgerald 338 Sumner P. Wolsky 237 *David A. Lavender 318 Paul G. Yewell 267 Mark Lichtenstein 266 Donald Q. Bunker 201 ***Anthony L. Mancini 366 **Paul W. Marshall 336 *James M. McLaughlin 274 **Laura F. Nichols 324 **Richard A. Michelson 343 Blanks 8,278 ***Doreen D. Plasse 346 ***Elected for three years. **Elected for two years. *Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE_ **Earl F. Baldwin, Jr. 283 ***Stephen Michael Politi . 425 ***James J. Buckley, Jr. 355 *Daniel E. Power 278 ***Jane P. Buckley 334 **Donald J. Shaw 303 **Leon A. Burke, Jr. 292 **George S. Silverman 292 John F. Cogan, Jr. 170 William Spencer Sullivan 239 **Joan N. L. Collins 313 David Adler 174 George E. Cooper 211 Burton H. Bloom 192 **James E. Cosgrove 303 *Ronald W. Colwell 251 *Joseph J. Downey 268 *Louis E. Conrad 282 *Ralph H. Hall 252 Morton Kotler .216. *John R. Holt 265 John F. Lahiff 230 James L. Jones 214 Paul A. Looney 219 Paul B. Lloyd 222 Richard I. Miller 221 ***Diane Lund 322 Burt E. Nichols 235 ***Erik Lund 358 Joseph R. O'Leary, Jr. 202 *John J. Maguire 276 ***James J. Scanlon 339 ._.. ***Paul E. Mazerall 333 Blanks 7,543 **Richard M. Perry 304 ***Elected for three years. **Elected for the term of two years. *Elected for one year. A true copy. 44.7.4 Attest: _' Cdone Maly R. McDonough, Town Clerk 1 379 SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT ONE MARCH 19, 1973 At the Annual Town Election held March 5, 1973 Ralph A. Cataldo and Ruth M. Mitchell received 250 votes, each, creating a tie for fourteenth place. This election, is to determine which of the two will fill the two year term ending in March 1975 and which one will fill the one year term ending March 1974 . A special election of town meeting members from Precinct One Only was held Monday, March 19, 1973 at 7 :15 P. M. in Estabrook Hall to break the tie. There were eleven town meeting members from Precinct One present. Chairman of the meeting: Patricia K. Hagedorn Clerk of the meeting: James Cataldo A secret ballot was taken - results as follows: Ralph A. Cataldo 4 votes Ruth M. Mitchell 7 votes Ruth M. Mitchell was elected Town Meeting Member from Precinct One, for a term of two years, ending in March 1975. Ralph A. Cataldo was elected Town Meeting. Member from Precinct One for a term of one year, ending in March 1974. R 219I .'412e 1<, - I Mary R. McDonough, Town Clerk _ _ 3S0 SPECIAL ELECTION - TOWN MEETING MEMBERS - PRECINCT TWO MARCH 19, 1973 ---, At the annual Town Election held March 5, 1973 Eric B. Kula and Thomas G. Taylor received 316 votes each, therefore creating a tie for twenty-first place as Town Meeting Member from Precinct Two. A special election of Town Meeting Members from Precinct Two Only was held Monday, March 19, 1973 at 7 :30 P. M. in Estabrdok Hall to determine who will fill the vacancy until the Annual Town Election in March 1974. There were sixteen town meeting members from Precinct Two present. Chairman of the meeting: Alan B. Wilson Clerk of the meeting: Judith J. Totman A secret ballot was taken - results as follows: Eric B. Kula 9 votes Thomas G. Taylor 7 votes Eric B. Kula was elected Town Meeting Member from Precinct Two for a term of one year, ending in March 1974. 47 LA.: \-• 1 Mary R. McDonough, Town Clerk i S ANNUAL TOWN MEETING HELD MARCH 19, 1973 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:05 P. M. in Cary Memorial Hall. There were 194. Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8:07 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8 :08 P. M. The Town Clerk read the Constable's Return of the warrant. 8 :08 P. M. Article 2. Edward E. Furash, Chairman of the. Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8 :09. P. M. Mr. Furash stated, that if the recommendations of the Appropriation Committee were followed, the estimated tax rate would be $69.95. 8:12 P. M. Motion, as offered by Mr. Furash, carried unanimously. 8 :12 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report- of the Capital Expendi- tures Committee be accepted and placed on file. Carried Unanimously 8 :13 P. M. Stephen Michael Politi moved that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Carried Unanimously 8:13 P. M. Iris G. Wheaton moved that the report of the Regional Refuse Disposal Planning Committee for the Year 1972 .be accepted.and placed on file. Carried Unanimously 8 :13 P. M. Allan F. Kenney moved that the Status Report on 1972 Articles by the Town Manager be accepted and placed on file. 8 :15 P. M. Frank Sandy moved that the motion to accept the Status Report be tabled. 8 :16 P. M. The Moderator stated that the motion is only to accept the report, not to approve it. 8 :16 P. M. Mr. Sandy's motion to table declared lost by voice vote. 8:16 P. M. Motion, as offered by Mr. Kenney , declared carried by L voice vote. 8:17 P. M. _ Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanne E. Cary for the current year. Carried Unanimously 8 :17 P. M. 382 Article 4. Presented by Allan F. Kenney. MOTION: That the following amounts: be- appropriated for the current year and. be .raised in the current tax -levy except where a transfer is indicated they shallbe provided by such a transfer. (The Moderator read the following items.) Selectmen's Department #1000. Personal Services $ 59,272.-00. 1050 Expenses 10,500.00 8:18 P. M. Town Manager's Office 1060 Personal Services 74,410.00 1065 Expenses 2,106.00 8:18 P. M. Town Manager's Jurisdiction 1075 Clerical Pool 35,385.00. 1090 Professional Services 4,500.00 1125 Fire & Police Medical 6,305.00. 1130 Director of Guides 1,500.00 1135 Out-of-State Travel 6,950.00 1140 Training & Travel - Out-of-State 4,200.00 1141 Tuition & Training Fees 12,575.00 1142 In-State Travel 7,500.00 8:18 P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services - 17 ,950.00 1147 Bicentennial Comm. Exp. 750.00 8 :19 P. M. Town Clerk's- Department 1150 Personal Services 55,335.00 1200 Expenses 1,430.00 1250 Vital Statistics 800.00 8 :19 P. M. Trustees of Public. Trusts 1450 Expenses 970.00 8:20 P. M. Board of Appeals 1500 Personal Services 10,682.00 1550 Expenses 2,495.00 8 :20 P. M. Planning Board 1600 Personal Services 41,163 .00 1650 Expenses - 4 ,737.00. 8 :20 P. M. Insurance 1700 Group 310,698.00 Edward. E. Furash moved to substitute. the sum of $297,012.00 for the figure $310,698.00 for line item 1700 in Article 4.. 8 :21 P. M. Mr. Furash stated that, in his opinion, this item should be on the ballot so that every voter would have the opportunity to decide whether the insurance plan for all town employees should be improved. 8:22 P. M. 3.8,3 Article 4. Mr. Kenney, Chairman of the Board of Selectmen, #1700 Cont.) spoke in defense of the better program. After general discussion, the motion, as offered by Mr. Furash, was declared carried by voice vote. 8 :33 P. M. Thisvote was doubted by more than twenty members, therefore a standing vote was taken as follows: Precinct In Favor Tellers Opposed r- 1 9 Homer J. Hagedorn 9 },. 2 15 Michael J. O'Sullivan 0 3 7 Wallace B. Baylies, Jr. 9 4 4 Joseph O. Rooney 13 5 10 Arthur E. Burrell 8 6 8 John T. Harvell 7 7 6 Stephen T. Russian 13 8 10 Stanley E. Toye 10 9 11 Stephen Michael Politi 6 At Large 8 Howard L. Levingston 18 88 93 Motion to amend Item #1700, as offered by Mr. Furash, declared lost. 8 :38 P. M. Mr. Politi asked that the vote be read by precincts which was done by the Moderator. 8:39 P. M. Insurance #1700 Group $ 310,698.00 1750 Municipal Property & Workmen's Comp. 198,320.00 8 :39 P. M. Printing Town Report 1760 Expenses 12,903.00 8 :39 P. M. Law Department 1775 Fees 51,375.00 1800 Expenses 7,500.00 8:39 P. M. Elections 1900 Selectmen Jurisdiction 13,375.00. 1950 Town Clerk Jurisdiction 11,055.00 8 :39 P. M. Board of Registrars 2000 Personal Services 7,09.8.00. 2050 Expenses 9,850.00 8 :39 P. M. Appropriation Committee 2250 Expenses 6 ,225.00 8 :40 P. M. .capital Expenditures Committee 2300 Expenses 150.00 8 :40 P. M. 384 Article 4. Standing School Building Committee (Cont.) #2350 Expenses $ 50.00 8:40 P. M. Permanent Building Committee 2360 Expenses 450.00 8:40 P. M. Town Celebrations_ Committee 2400 Expenses 11,000.00 8:40 P. M. Historic Districts Commission 2450 Expenses 2,135.00 8 :40 P. M. Conservation Commission 2460 Expenses 6,295.00 8:40 P. M. Recreation Committee 2470 Personal Services 93,125.00 2480 Expenses 23,085.00 8:41 P. M. Treasurer's. Department 2500 Personal Services 31,101.00 2525 Expenses 6,260.00 2575 Foreclosure & Redemption 2,250.00 8 :41 P. M. Tax Collector's Department .__. 2650 Personal Services 36,074.00 2700 Expenses 4 ,015.00 8:41 P. M. Comptroller's Department 2800 Personal Services 105,519.00 2850 'Expenses 5,700.00 8 :42 P. M. Comptroller's Jurisdiction 2.925 Office Machines Capital Outlay 33,150.00 2930 Office Machines - Maint. & Repair 8,650.00 29.35 Office Services - Copier Supplies 8,000.00 2940 Metered Mail 16,800.00 8 :42 P. M. Assessors' Department: 2950 Personal Services 71,764.00 3000 Expenses 3 ,500.00 8:42 P. M. Health Department 3250 Personal Services 43,697.00 3300 Expenses 15,220.00 3450 Rabies Clinic 2,830.00 8:43 P. M. 0(7e Article 4. Health Jurisdiction - Dog Officer (Cont.) #3500 Personal Services $ 16,970.00 3550 Expenses 3,563.00 8 :43 P. M. Police Department 3750 _ Personal Services 1,139,800.00 Erik Lund -questioned the need for the new patrolman and moved to amend account #3750 to. read $1,129,300.00. r.=". 8:50 P. M. Motion to amend, as offered by Mr. Lund, declared lost by voice vote. 8:57 P. M. 3750 Personal Services 1,139,800.00. (Of which $9,000.00 is tobe transferred from the Parking Meter Fund) 3800. Expenses 105,725.00 3900 (Of which $4,500.00is tobe transferred 4,500.00 (Parking Meter)from the Parking Meter Fund) Maintenance) 8 :57 P. M. Fire Department 4100 Personal Services 1,081,695.0.0.* 4150 Expenses 66,270.00 4200. Ambulance Maintenance 2,.00.0.00 4250 Forest Fires 100.00 *To which the sum of $825,000.00. .in .available and anticipated P.L. 92-512 .funds (Federal Revenue Sharing Funds) is to be applied. 8:58 P. M. Local Disaster Services 4300 Personal Services 2,250.00 4350 Expenses 1,500.00 4360 Auxiliary Fire Expense 40.0.00 8:58 P. M. Inspection Department 4450 Personal Services 64 ,528.00 4500 _ Expenses 2,050.00 8:58 P. M. Public Works Department 4900 Personal Services 1,278,378.00 (Of which $13,000.00 is tobe transferred from the Westview Perpetual Care Fund, and $10,000.00 is to be transferred from the Westview Sale of Lots Fund) 8:59 P. M. Director of. Public_ Works Office 4950 Personal Services 171,575.00 5000 Expenses 5,610.00 8:59 P. M. Engineering Department 5100 Personal Services 237,488.00 5150 Expenses 7,375.00 9 P. N. 386 Article 4. Town Buildings Maintenance (Cont.) #5200 Personal Services $ 60,054.00 5250 Expenses 144 ,620.00 9 P. M. Highway Maintenance 5400 Expenses 97,200.00 (Of which $3,000.00 is tobe transferred from the Parking Meter Fund) 9:01 P. M. Road Machinery. 5450 Expenses 118,925.00 9:01 P. M. Snow Removal 5500 Expenses 190,250.00 (Of which $2,.500.00is tobe transferred from the. Parking Meter Fund) 9:01 P. M. Traffic Regulations & Street Signs 5550 Expenses 12,500.00 - 9:02 P. M. Street Lights 5600 Expenses 180,00.0.00 9:02 .P P. M. Sewer Maintenance & Services 5700 Expenses 42,350.00 9:02 P. M. --- Garbage Collection 5800 Contract 130,996.00 9:02 P. M. Sanitary Land Fill 5850 Expenses 95,250.00 9:02 P. M. Water Maintenance & Services 5900 Expenses 45,380.00 9:04 P. M. Park 6000 Expenses 45,375.00 9:04 P. M. Insect Suppression 6050 Expenses 1,700.00 A 9:04 P. M. Shade Tree 6100 Expenses 11,500.00 9:04 P. M. Dutch Elm Disease 6150 Expenses 2,500.00 9:04 P. M. 1 387 Article 4. Cemeteries (Cont. ) #6400 Expenses 6 ,415.00 (Of which $1,500.00 is to be transferred from the Westview Sale of Lots Fund) 9:04 P. M. Veterans' Benefits 7100 Personal Services 10,400 .00 7150 Administration 920.00 7200 Aid & Expenses 80 ,000 .00 9 :05 P. M. Graves Registrations 7250 Expenses 625.00 9:05 P. M. Soldiers' Burials 7300 Expenses 250.00 9:05 P. M. Cary Memorial Library. 7500 Personal Services 406 ,867 .00* 7550 Expenses 126,497 .00** *$11,957.25 is also available as State Aid to Libraries. **To which will be added $4 ,463 .61 received from the County Dog License Fees. 9:05 P. M. Board of Retirement 7800 Contributory Pension Fund 401,125.00 7825 Non-Contributory Pension Fund 130,000.00 7850 Expenses 3,500.00 9:15 P. M. Patricia K. Hagedorn suggested that items #5800 and #5850 be set aside until after the discussion of the other articles on the sanitary landfill. 9:15 P. M. Public Schools 7900 Personal Services 17 ,195 ,000.00* 7925 Expenses 2 ,483 ,000.00 7950 Out-of-State Travel 18 ,000.00 7960 Vocational Education - Tuition & Trans. 49,000.00 7970 Athletics 212 ,000.00 *To which the sum of $103 ,962.00 in available and anticipated P.L. 864 , P.L. 874 , ESEA P.L. 89-10 and State METCO funds is to be applied, and the balance is raised and appropriated under this article. 9:15 P. M. Joseph A. Campbell moved to recommit to the School Committee at this time line items 7900 , 7925, 7950 , 7960 and 7970 and request the School Committee to review, reduce and resubmit their budget at a figure approximately $200,000. less than $19,957,000. now shown for 18 months. 9 :17 P. M. Appropriation Committee unanimously in favor of Mr. Camp- bell' s motion. 9-:28 P. M. Motion, as offered by Mr. Campbell, declared carried by voice vote, which was doubted, so standing vote taken as follows: 388 Article 4. Public Schools (Cont. ) (Cont.) Precinct In Favor Tellers Opposed 1 16 Homer J. Hagedorn 2 (See 2 12 Michael J. O'Sullivan 6 Page 3 6 Wallace B. Baylies, Jr. 10 401. ) 4 6 Joseph 0. Rooney 10 5 12 Arthur E. Burrell 5 6 6 John T. Harvell 10 7 10 Stephen T. Russian 8 8 14 Stanley E. Toye 6 9 16 Stephen Michael Politi 1 At large 15 Howard L. Levingston 10 113 68 Motion, as offered by Mr. Campbell, to recommit line items 7900, 7925, 7950, 7960 and 7970 to the School Committee declared adopted. 9:34 P. M. Regional Voc. Tech. High School #8100 Operating Budget 86,368:Q0: 8200 Capital Budget 158 ,326.00 9:34 P. M. Debt Payment 8500 Interest on Debt 584 ,299.00 8525 Interest on Anticipation Loans 115,000.00 8550 Maturing Debt 2,281,000.00 9:34 P. M. Frank Sandy moved to refer accounts 4900, 4950, 5100, 5200 to the Appropriations Committee with instructions to make recommendations for appropriations under these accounts totaling not more than $1,641,000 or 158% of the total amounts expended in 1972 under these accounts, and to postpone further action on these accounts until after receipt of those recommendations or until after article 94 if the Appropriation Committee should fail to so report by that time. 9:36 P. M. Motion, as offered by Mr. Sandy, declared lost by voice vote. 9:45 P. M. Motion, as offered by Mr. Kenney under Article 4 , with the exception of Public Schools Line Items 7900, 7925, 7950, 7960 and 7970 which have been recommitted to the School Committee, declared carried by voice vote. 9 :46 P. M. Edward E. Furash serves notice of reconsideration of Line Items #4900 and 5850 in Article 4. 9 :46 P. M. William J. Scouler serves notice of reconsideration of Line Item #1700 in Article 4. 9 :47 P. M. Article 5. Presented by Allan F. Kenney. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow `—• money from time to time in anticipation of the revenue for the financial year beginning January 1, 1973, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44, Section 4, and acts in addition thereto and in amendment thereof 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 9:47 P. M. X89 Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9:47 P. M. Frank Sandy serves notice of reconsideration of Article 6. 9:48 P. M. Article 7. Presented by Allan F. Kenney. MOTION: That the sum of $500.00 be appropriated to pay unpaid bills for the prior year of the following accounts: LITown Clerk $500.00 and that such amount be raised in the current tax levy. Carried Unanimously 9:50 P. M. Article 8. Presented by Allan F. Kenney. MOTION: That the sum of $200,000.00 be appropriated for the Reserve Fund, and that such amount be raised in the current tax levy. Carried by voice vote. 9:50 P. M. Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously 9:50 P. M. Article 10. Presented by Allan F. Kenney. MOTION: To extend to the 1974 Annual Town Meeting the time within which the Data Processing Study Committee, established under ARticle 43 of the 1968 Annual Town r�- Meeting, shall report. Carried Unanimously 9:51 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote. 9:51 P. M. Article 12. Presented by Allan F. Kenney. MOTION: That the additional sum of $25,000.00 be appropriated to be used in conjunction with the money appropriated under Article 74 of the warrant for the 1968 annual town meeting, and Article 4 of the warrant for the January 11, 1971 special town meeting, such sum to be used for the sewer purposes set forth in said votes, and that such additional amount be raised in the current tax levy. Carried Unanimously 9 :53 P. M. - Article 13. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1974 Annual Town Meeting. Carried Unanimously 9 :53 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:54 P. M. 390 Article 15. Presented by Sanborn C. Brown. MOTION: That the sum of $4 ,000.00 be appropriated for the development of Westview Cemetery and that such sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 9 :55 P. M. Article 16. Presented by Sanborn C. Brown. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and that such amount be raised in the current tax levy. Carried Unanimously 9:56 P. M. Article 17. Presented by Allan F. Kenney. MOTION: That the Selectmen be andtheyhereby are (Amended authorized to install drains in such accepted or April 11, unaccepted streets or other land as the Selectmen may 1973 - determine, including the widening, deepening or See Page altering the course of brooks, streams and water 429. ) courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts_ of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the current tax levy. Carried Unanimously 9:58 P. M. Edward E. Furash serves notice of reconsideration of ARticle 17 . 9:58 P. M. Article 18. Presented by Allan F. Kenney. �. 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 current tax levy. Carried Unanimously 10 P. M. Edward E. Furash serves notice of reconsideration of Article 18. 10 P. M. Article 19. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete and other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost, or otherwise; and to appropriate the sum of $25,000.00 therefor and that such amount be raised in the current tax levy. Carried by voice vote. 10:10 P. M. Article 20. Presented by Alfred S. Busa. (Amended MOTION: That the Selectmen be and they hereby are April 11, authorized to installsewer mains in such accepted or 1973 - unaccepted streets or other land as the Selectmen may See determine, subject to the assessment of betterments or Page 430. ) otherwise, in accordance with Chapter 504 of the Acts of 1897 , and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition 3 91_ Article 20. the sum of $640,000.00 therefor and that such amount (Cont.) be raised in the current tax levy. Carried by voice vote. 10:20 P. M. Edward E. Furash serves notice of reconsideration of Article 20. 10:20 P. M. Article 21. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are (Amended authorized to install trunk sewers in the Turning Mill April Road area of the Town as the Selectmen may determine, 11, 1973, subject to the assessment of betterments or otherwise, See in accordance with Chapter 504 of the Acts of 1897 , and Page acts in addition thereto and in amendment thereof, or 431. ) 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 $120,000.00 therefor and that such amount be raised in the current tax levy. 10 :20 P. M. The Moderator called a recess at 10:23 P. M. The Moderator again called the meeting to order at 10 :33 and declared the meeting open on Article 21. Melvin G. Holland served notice of reconsideration of Articles 16 and 19 but the Moderator stated that the time had expired for notice of reconsideration of ARticle 16. Notice for Article 19 was within the required time. 10:37 P. M. Article 21. Motion, as presented under Article 21 by Alfred S. Busa, (Cont. ) declared carried by voice vote. 10:37 P. M. Edward E. Furash served notice of reconsideration of Article 21. 10:37 P. M. Article 22. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are (Amended authorized to install trunk sewers in the Wyman Road April 11, area of the Town as the Selectmen may determine, subject 1973 - to the assessment of betterments or otherwise, in See accordance with Chapter 504 of the Acts of 1897, and Page acts in addition thereto and in amendment thereof, or 431. ) 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 $35,000.00 therefor and that such amount be raised in the current tax levy. Carried by voice vote. 10:39 P. M. Edward E. Furash served notice of reconsideration of Article 22. 10:39 P. M. Article 23. Presented by Alfred S. Busa. r- MOTION: That the Selectmen be and they hereby are (Amended authorized to install trunk sewers in the Hayes Lane April 11, area of the Town as the Selectmen may determine, subject 1973 - to the assessment of betterments or otherwise, in See accordance with Chapter 504 of the Acts of 1897 , and acts Page in addition thereto and in amendment thereof, or other- 432. ) wise, 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 installa- tion and land acquisition the sum of $76 ,800.00 therefor; 392 Article 23.and to raise such amount $16,800.00 be transferred from (Cont.) the unexpended balance of the amount appropriated under Article 21 of the warrant for the 1970 annual town meeting and $60,000.00 be raised in the current tax levy. 10:40 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:56 P. M. Frank Sandy doubted the vote but there was no other member doubting, so the vote remained as declared. 10:56 P. M. Main motion, as\ presented by Mr. Busa, carried unanimously. 10:57 P. M. Edward E. Furash served notice of reconsideration of Article 23. 10:57 P. M. Allan F. Kenney moved that the meeting be recessed until Wednes- day, March 21, 1973 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:57 P. M. A true copy. Attest: ?9,A,t‘i, \ u tcs-v1.44, P Mary R. McDonough, Town Clerk March 19, 1973 Lincoln P. Cole, Jr. Moderator Lexington, Mass. In accordance with the TMMA Code of Ethics, I would like to serve notice of an abstention from voting on Article 4 of the town Warrant, because of the employment of my wife as a teacher. /Signed/ Wallace B. Baylies, Jr. Precinct 3 March 19, 1973 I hereby give notice of abstention on all votes pertaining to School Committee Personal Services budget due to conflict of financial interest. /Signed/ Howard M. Kassler Precinct 1 -- 0 4 2 v c7v ADJOURNED TOWN MEETING HELD MARCH 21, 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :07 P. M. There were 196 Town Meeting Members present. Invocation offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. 8:08 P. M. Allan F. Kenney moved to take up Article 28 out of order. 8 :10 P. M. Mr. Kenney stated that Articles 28, 24 , 87 and 88 should be discussed together and brought up in that order. 8 :11 P. M. Motion, as offered by Mr. Kenney, to take up Article 28 out of order was carried unanimously. 8 :12 P. M. Article 28. Presented by Sanborn C. Brown. MOTION: That the sum of $15,000.00 be appropriated to retain professional consultants to study the operation of the sanitary landfill and make recommendations there- for, and to raise such amount $7,000.00 be transferred from the unexpended balance of the amount appropriated under Article 10 of the warrant for the special town meeting of June 2, 1969 and $8,000.00 be transferred from the unexpended balance of the amount appropriated under Article 30 of the warrant for the 1970 annual town meeting. 8 :12 P. M. Patricia K. Hagedorn asked the Selectmen to reconsider and to have the study cover garbage and rubbish collection and use of the Belmont incinerator but Mr. Brown said that the $15,000.00 would not cover this type of study. 8 :22 P. M. Mrs. Hagedorn moved to amend Mr. Brown's motion by deleting the figure $15,000.00 and substituting therefor the figure $25,000.00 but this motion was not in proper order. 8 :30 P. M. Edward E. Furash said that he would like to work out the figures with Mrs. Hagedorn. 8 :30 P. M. Lois W. Brown stated that the Planning Board is in favor of this survey. 8 :34 P. M. Patricia K. Hagedorn moved that the sum of $25,000.00 be appropriated to retain professional consultants to study the best methods for the collection and disposal of garbage and refuse, including the operation of the sanitary landfill and the possibility of incineration and make recommendations therefor and to raise such amount $7,000.00 be transferred from the unexpended balance of the amount appropriated under Article 10 of the Warrant for the Special Town Meeting of June 2, 1969 and $8,000.00 be transferred from the unexpended balance of the amount appropriated under Article 30 of the Warrant for the 1970 Annual Town Meeting, and $10,000.00 be raised in the current tax levy. 8 :39 P. M. James Cataldo moved the previous question which was declared lost by voice vote. 8 :46 P. M. George S. Silverman stated that the Capital Expenditures Committee is in favor of Article 28. 8 :50 P. M. 394 Article 28. Motion to amend, as offered by Mrs,. Hagedorn, was (Cont. ) declared lost by voice vote. 8 :53 P. M. Allan F. Kenney discusses Article 24 even though there has been no vote under Article 28. 9:03 P. M. Allan Lee Whitman, Jr. stated that the League of Women Voters should discuss their plan now. 9:04 P. M. Joyce Hals reads Article 87 for informational purposes only - it is not being presented at this time: Article 87. MOTION: That Article XXIV of the General By-Laws of the Town be amended by adding a new Section 27, to read as follows: No person, without lawful authority to do so, shall deposit on the sanitary landfill any of the following types of refuse: 1. Corrugated board 2. Newspapers and magazines 3. Glass bottles and other containers made of clear, green or brown glass 4. Tires 5. Appliances and other scrap metals These items shall be separately deposited at distinct, designated areas at the sanitary landfill and shall be collected and then distributed as secondary materials. 9:10 P. M. Charles Petty, a Lexington resident and an expert in the field of recycling, gave a lengthy explanation . 9 :23 P. M. In connection with the purchase of a compactor, Allan F. Kenney said that it would be necessary to purchase said equipment in order to extend the use of the dump. 9:40 P. M. In answer to Nancy F. Earsy's question regarding the number of hours per day a man would be using the com- pactor, Town Manager, Walter C. O'Connell, said probably four or five hours per day. 9 :42 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose Articles 87 and 88. 9:50 P. M. Appropriation Committee Chairman, Edward E. Furash, read his "Ode to the Dump" which was written by him as he listened to the discussion. It is his belief that this article should be voted on by all the voters of the town by official ballot. 10 :27 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 10:29 P. M. Sanborn C. Brown again reads Article 28 : MOTION: That the sum of $15,000.00 be appropriated to retain professional consultants to study the operation of the sanitary landfill and make recommendations therefor, and to raise such amount $7,000.00 be transferred from the unexpended balance of the amount appropriated under Article 10 of the warrant for the special town meeting 3 a; Article 28. of June 2, 1969 and $8,000.00 be transferred from the (Cont. ) unexpended balance of the amount appropriated under Article 30 ofthe warrant for the 1970 annual town meeting. 10:30 P. M. Motion, as offered by Mr. Brown under Article 28 , was declared carried by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 18 Homer J. Hagedorn 1 2 13 Michael J. O'Sullivan 5 3 13 Wallace B. Baylies, Jr. 2 4 19 Joseph O. Rooney 0 L._ 5 16 Arthur E. Burrell 3 6 -6 John T. Harvell 11 7 9 Stephen T. Russian 10 8 12 Stanley E. Toye 8 9 :8 Stephen Michael Politi 9 At Large .._28 Howard L. Levingston 0 142 49 Article 28 adopted. 10:34 P. M. Article 24. Presented by Allan F. Kenney. MOTION: That the sum of $190,000.00 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to raise such amount $85,000.00 be transferred from the unexpended balance of the amount appropriated under Article 8 of the warrant for the June 14 , 1971 special town meeting and $105,000.00 be raised in the current tax levy. 10:35 P. M. Daniel E. Power moved to lay Article 24 on the table which was declared lost by voice vote. 10:49 P. M. Albert P. Zabin moved to divide the motion under Article 24. 10:50 P. M. Mr. Cole, Moderator, read the motion as offered by Mr. Zabin to divide the motion and read the division. 11:01 P. M. More than the necessary 25 town meeting members stood to approve the division of the motion under Article 24 . 11:02 P. M. Article 24 - Part 1. (Mr. Zabin's motion.) (Substitute motion MOTION: That the sum of $80,000.00 be appropriated adopted for the purchase by or with the approval of the Selectmen April 11, ,..of. equipment for the Dept. of Public Works consisting 1973 - of a compactor and that such amount be raised in the See Page current tax levy. 432. ) Carried by voice vote. 11:04 P. M. r- Article 24. - Part 2. (Mr. Zabin's motion.) MOTION.: That the sum of $110,000.00 be appropriated by or with the approval of the Selectmen of additional equipment for the Dept. of Public Works and to raise such amount $85,000.00 be transferred from the unex- pended balance of the amount appropriated under Article 8 of warrant for the June 14, 1971 Special Town Meeting and $25,000.00 be raised in the current tax levy. Carried by voice vote. 11:05 P. M. Allan F. Kenney moved to take up Article 87 out of order. 11:05 P. M. 9 6 c.) Joseph A. Campbell served notice of reconsideration of Article 24 - Part 1. 11:05 P. M. Albert P. Zabin served notice of reconsideration of Article 24 - Part 2. 11:05 P. M. Mr. Kenney's motion to take up Article 87 out of order was declared carried by voice vote. 11:05 P. M. Article 87. Presented by Joyce Hals. MOTION: That Article XXIV of the General By-Laws of 1 the town be amended by adding a new section 27 , to read as follows: No person, except as provided herein, shall deposit on the sanitary landfill any of the following types of refuse: 1. Corrugated Board 2. Newspapers and magazines 3. Glass bottles and other containers made of clear, green or brown glass 4. Tires 5. Appliances and other scrap metals These items shall be separately deposited at distinct, designated areas at the sanitary landfill and shall be collected and then distributed as secondary materials. This amendment shall take effect on July 1, 1973, or upon approval of this by-law pursuant to Chapter 39 of the General Laws if later than July 1, 1973, and, unless ratified at the 1974 Annual Town Meeting, shall cease to be effective on June 30, 1974. 11:08 P. M. Arthur C. Smith moved that Item 4 "Tires" by struck and that Item 5 be renumbered 4. 11:15 P. M. Albert P. Zabin moved the previous question which was declared carried by voice vote. 11:21 P. M. Motion to amend, as offered by Mr. Smith, declared lost by voice vote. 11:22 P. M. Motion, as offered by Mrs. Hals under Article 87 , declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Homer J. Hagedorn 14 2 5 Michael J. O'Sullivan 13 3 11 Wallace B. Baylies, Jr. 6 4 7 Joseph 0. Rooney 10 5 7 Arthur E. Burrell 12 6 11 John T. Harvell 5 7 16 Stephen T. Russian 3 8 4 Stanley E. Toye 13 9 8 Stephen Michael Politi 9 At Large 9 Howard L. Levingston 19 82 104 Article 87 declared lost. 11:31 P. M. Robert V. Whitman served notice of reconsideration of Article 87 . 11:31 P. M. Allan F. Kenney moved to take Article 88 up out of order. Carried by voice vote. 11:32 P. M. 397 Article 88. Presented by Joyce Hals. MOTION: That the sum of $26,000.00 be appropriated to establish under the supervision and control of the Department of Public Works, separate and distinct areas at the Hartwell Avenue Landfill for the collection and distribution of solid recyclable waste: to provide suitable containers at the Hartwell Avenue Sanitary Landfill wherein solid, recyclable wast may be collected and stored; to provide for the paving of a portion of the Hartwell Avenue Sanitary Landfill to facilitate and encourage the collection and/or distribution of solid recyclable waste: and that such amount be raised in the current tax levy. 11 :33 P. M. Allan F. Kenney stated that the Board of Selectmen opposes -this article. 11:36 P. M. Edward E. Furash stated that the Appropriation Committee is not in favor of this article. Mr. Furash feels that it should go on the ballot at the next Annual Town Election. 11:40 P. M. Joseph J. Downey moved the previous question which was declared carried by voice vote. 11:40 P. M. Main motion, as presented by Mrs. Hals, declared lost by voice vote. 11:40 P.- M. Allan F. Kenney moved that the meeting be recessed to Monday, March 26, 1973, 8 P. M. in the Cary Memorial Hall. Carried by voice vote. 11 :40 P. M. ATTEST: 10/4'vuf R )ru At-y1444.4- Mary R. McDonough, Town Clerk :WS ADJOURNED TOWN MEETING HELD MARCH 26, 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :08 P. M. in the Cary Memorial Hall. There were 194 Town Meeting Members present. The invocation was given by Dr. J. Allen Broyles, Pastor of the United Methodist Church. 8 :10 P. M. Article 25. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :10 P. M. Sanborn C. Brown moved that Articles 26 and 27 be taken up together. Carried Unanimously 8 :11 P. M. Article 26. Presented by Sanborn C. Brown. MOTION: That the sum of $8,000.00 be appropriated for engineering services for sewer survey and design work, and that such amount be raised in the current tax levy. 8 :12 P. M. And further move under Article 27. MOTION: That this article be indefinitely postponed. 8 :12 P. M. Motion, as offered by Mr. Brown under Article 26, declared carried unanimously. 8 :13 P. M. Motion, as offered by Mr. Brown under Article 27 , declared carried unanimously. 8 :13 P. M. Article 29. Presented by Sanborn C. Brown. MOTION: That the sum of $15,000.00 be appropriated to clean and maintain streams and brooks in the Town, and to raise such amount $11,000.00 be transferred from the unexpended balance of the amount appropriated under Article 25 of the warrant for the 1971 annual town meeting and $4 ,000.00 be transferred from the unexpended balance of the amount appropriated under Article 25 of the warrant for the 1972 annual town meeting. 8 :13 P. M. Ephraim Weiss moved to amend Article 29 : Insert, after the words "in the Town" , the following: Providing that during Planning for any action under this article, the Conservation Commission shall be consulted regarding the methods and equipment to be used, and alternatives thereto; 8 :18 P. M. Mr. Brown stated that the Selectmen have no objection to this amendment. 8 :18 P. M. Howard M. Kassler stated that the Conservation Commission has no objection to this amendment. 8 :21 P. M. Mr. Weiss's motion to amend declared carried by voice vote. 8 :23 P. M. .._. Main motion, as amended, now reads: MOTION: That the sum of $15,000.00 be appropriated to clean and maintain streams and brooks in the Town, providing that during planning for any action under this article, the Conservation Commission shall be consulted regarding the methods and equipment to be used, and alternatives thereto; and to raise such amount $11,000.00 be transferred fromthe unexpended balance of the amount appropriated under Article 25 of the warrant - 9 Article 29. for the 1971 annual town meeting and $4 ,000.00 be (Cont. ) transferred from the unexpended balance of the amount appropriated under Article 25 of the warrant for the 1972 annual town meeting. Main motion, as amended, declared carried by voice vote. 8 :28 P. M. Article 30. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. 8 :28 P. M. Lois W. Brown stated that the Planning Board supports the motion to indefinitely postpone this article. 8 :29 P. M. Motion, as presented by Mr. Kenney, declared carried unanimously. 8 :29 P. M. Article 31. Presented by Allan F. Kenney. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of the section of East Street between Lowell Street and the Woburn city line, and that such amount be raised in the current tax levy. 8 :29 P. M. Allan Lee Whitman, Jr. moved to amend the motion by striking the words "of the section" and inserting, after the words "East Street" the word "except" . 8 :54 P. M. After general discussion, both from Town Meeting Members and residents of the area, the motion to amend, as offered by Mr. Whitman, declared carried by voice vote. Voice vote doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 Patricia K. Hagedorn 10 2 4 Michael J. O'Sullivan 13 3 13 Shirley A. Byrne 3 4 4 Joseph O. Rooney 15 5 18 Arthur E. Burrell 1 6 10 John T. Harvell 6 7 10 Jacquelyn H. Ward 4 8 6 Mary E. Shunney 14 9 10 Stephen Michael Politi 8 At large 10 Howard L. Levingston 15 94 89 Motion to amend, as offered by Mr. Whitman, adopted. 9:09 P. M. The Moderator reads main motion as amended: MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of East Street except between Lowell Street and the Woburn city line, and that such amount be raised in the current tax levy. 9:10 P. M. Allan F. Kenney moved that this motion be tabled but the motion was declared lost by voice vote. 9ill P. M. Edward E. Furash moved that this article be indefinitely postponed. Motion declared carried unanimously. 9:15 P. M. 400 Article 32. Presented by Allan F. Kenney. MOTION: That the sum of $6,000.00 be appropriated for highway maintenance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the current tax levy. Carried Unanimously 9 :15 P. M. Article 33. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:16 P. M. Article 34. Presented by Fred C. Bailey. MOTION: (a) That $400,000.00 be appropriated for remodeling, reconstructing or making extraordinary repairs to the Cary Memorial Library; that to raise this appropriation $40,000.00 be raised in the current tax levy and the. Treasurer with the approval of the Select- men be authorized to borrow $360,000.00 under G.L. c.44, s.7 (3A) as amended; (b) That $35.,.000.00 be appropriated for purchasing additional departmental equipment to be used in such Library; that to raise this appropriation. $5,000.00 be raised in the current tax levy and the Treasurer with the approval of the Selectmen be authorized to borrow $30,000.00 under G.L. c.44, s.7 (9) as amended; (c) That $1,015,000.00 be appropriated for constructing, originally equipping and furnishing an addition to such Library; that to raise this appropriation $30,000.00 be raised in the current tax levy and the Treasurer with the approval of the Selectmen be authorized to borrow $985,000.00 under G.L. c.44, s.7 (3) as amended; (d) That the Selectmen be authorized to contract for federal and state aid which shall be spent for the projects, provided that the total authorized borrowing for each project shall be reduced by the amount of such aid attributable to such project; and (e) That the Permanent Building Committee be authorized to take all action necessary to carry out these projects. 9:18 P. M. Mr. Bailey explained the need for the addition and remodeling of the library and Robert V. Whitman of the Permanent Building Committee explained the budget for the project. 9:38 P. M. Mr. Furash stated that the Appropriation Committee unanimously favors this motion. 9140 P. M. Motion, as presented by Mr. Bailey, declared carried unanimously. 9:42 P. M. Article 35. Pr®ented by Fred C. Bailey. MOTION: That the sum of $6,850.00 be appropriated for expenses in connection with the temporary relocation of facilities at Cary Memorial Library resulting from the construction project, and that such amount be raised in --1 the current tax levy. Carried Unanimously 9 :44 P. M. Article 36. Presented by Fred C. Bailey. MOTION: That the sum of $4,000.00 be appropriated for reconstructing and making extraordinary repairs to the Central Headquarters Fire Station, and that such amount be raised in the current tax levy. Carried by voice vote. 9 :48 P. M. 401 Frederick C. Frick, Chairman of the School Committee, stated that he would like to resubmit to the town meeting Line. Items 7900, 7925, 7950, 7960 and 7970 under Article 4 . Mr. Frick said that he understood and shared the concern of the town meeting with regards to the school budget but that in the space of one week it was not possible to make any cuts. 9:54 P. M. The Moderator read motion: Article 4. MOTION: That the following amounts be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be provided by such a transfer. Public Schools #7900 Personal Services $ 17 ,195 ,000.00* 7925 Expenses 2 ,483 ,000.00 7950 Out-of-State Travel 18 ,000.00 7960 Vocational Education - Tuition & Trans. 49,000.00 7970 Athletics 212,000.00 *To which the sum of $103,962.00 in available and anticipated P.L. 864 , P.L. 874 , ESEA P.L. 89-10 and State METCO funds is to be applied, and the balance is raised and appropriated under this article. 10:10 P. M. After much discussion Martin A. Gilman moved the previous question which was declared carried by voice vote. 10:50 P. M. A voice vote on the main motion was doubted by the Moderator, so a standing vote was taken as follows: Pr. In Favor Tellers Opposed LI 1 4 Patricia K. Hagedorn 13 2 8 Michael J. O'Sullivan 10 3 10 Shirley A. Byrne 5 4 13 Joseph 0. Rooney 6 5 10 Arthur E. Burrell 8 6 13 John T. Harvell 3 7 10 Jacquelyn H. Ward 4 8 8 Mary E. Shunney 14 - 9 5 Stephen Michael Politi 11 At Large 13 Howard L. Levingston 13 94 83 Motion, as presented by Mr. Frick under the Public Schools budget, adopted. 10:57 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, March 28 , 1973 at 7 :30 P. M. in Cary Memorial Hall. 10 :57 P. M. Edward E. Furash moved to amend the motion by striking "7 :30 P. M. " and inserting therefor "8 P. M. " . 10:58 P. M. Motion to amend, as offered by Mr. Furash, declared carried by voice vote. 10 :58 P. M. [ Main motion, as amended, that meeting be adjourned to Wednesday, March 28, 1973 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 10:58 P. M. A true copy. Attest: 4[41r ir/k4"4. Mary R. McDonough, Town Clerk 402 ADJOURNED TOWN MEETING HELD MARCH 28, 1973 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :10 P. M. in Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Rabbi Cary D. Yales of the Temple Isaiah. 8 :12 P. M. Article 37. Presented by Sanborn C. Brown. MOTION: That the sum of $10,000.00 be appropriated for constructing, originally equipping and furnishing a dog kennel on town owned land in the Westview Avenue area of the Town, and that such amount be raised in the current tax levy. 8 :13 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 8 :29 P. M. Main motion, as presented by Mr. Brown, declared carried by voice vote. 8 :29 P. M. Article 38. Presented by Allan F. Kenney. MOTION: That the sum of $5,000.00 be appropriated for improving and upgrading traffic control signals in the Town, and that such amount be raised in the current tax levy. Carried Unanimously 8 :31 P. M. Article 39. Allan F. Kenney moved that this motion be divided in two parts. The Moderator asked if there were twenty- five people in favor of dividing the motion under Article 39. More than the necessary twenty-five people stood, so the motion under Article 39 may be divided. 8 :32 P. M. _.. MOTION: (a) that the sum of $35,000.00 be appropriated for the further construction of the Meriam Street off- street parking area, and that such amount be raised in the current tax levy, (b) that the sum of $3,000.00 be appropriated for preparing the entire Meriam Street off-street parking area for the installation of parking meters, and that such amount be raised in the current tax levy. 8 :32 P. M. Mr. Kenney stated that the Selectmen do not recommend meters at this time. 8 :52 P. M. Eric T. Clarke stated that the Planning Board is in favor of part (a) but not in favor of part (b) . 8 :58 P. M. Edward E. Furash, Chairman of the Appropriation Committee, moved to recommit Article 39, part (a) to the Board of Selectmen for further study. 9:05 P. M. Mr. Furash stated that this article has not been sufficiently studied by either the Appropriation Com- mittee or the Capital Expenditures Committee. (See 9:07 P. M. Page Motion to recommit Article 39, part (a) to the Board of 420.) Selectmen for further study declared carried by voice vote. 9:08 P. M. 403 Article 39. Edward E. Furash moved to recommit Article 39, part (b) (Cont.) to the Board of Selectmen forfurther study. 9:08 P. M. John Deutch moved the previous question which was declared carried by voice vote. 9:15 P. M. Motion to recommit Article 39, part (b) to the Board of Selectmen for further study declared carried by voice vote. 9:15 P. M. Article 40. Presented by Natalie H. Riffin. MOTION: That the sum of $20,000.00 be appropriated for beautification and improvement of Massachusetts Avenue at Depot Square, including, but not limited to, the installation of pedestrian promenades, grass plots, and the planting of trees, and that such amount be raised in the current tax levy. 9:17 P. M. Edward E. Furash stated that the Appropriation Committee recommended unfavorable action on this article. 9 :21 P. M. Mrs. Riffin stated that the area to be improved is the area in front of Emery Park. 9:24 P. M. George S. Silverman stated that Capital Expenditures Committee recommended passage of this article. 9:27 P. M. John R. Holt moved the previous question which was declared lost by voice vote. 9:27 P. M. William E. Maloney moved the previous question which was declared carried by voice vote. 9:38 P. M. Main motion, as offered by Mrs. Riffin, declared lost by voice vote. 9:39 P. M. Article 41. Presented by Natalie H. Riffin. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:39 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That the sum of $40,000.00 be appropriated under the provisions of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that such amount be raised in the current tax levy. 9:40 P. M. Roland B. Greeley of the Lexington Bicentennial Com- mittee said that the committee would like to present a resolution at this time if it would be proper. Stephen Michael Politi read the following: RESOLUTION Whereas the Town of Lexington has a respon- sibility to our forefathers who shed their blood in the cause of freedom And Whereas the Town of Lexington is a national historic site 404 Article 42. And Whereas the people of our Country have a' (Cont. ) tacit invitation to visit us by virtue of our history And Whereas we therefore have an obligation to host those who appreciate the value of history And Whereas appropriate action was been taken by the Board of Selectmen in September of 1971 in appointing a Bicentennial Committee And Whereas the Bicentennial Committee has taken the position that the Bicentennial events of 1975 shall be for the people of Lexington with proper provisions made to share the fruits of our work and our heritage with as many visitors as we can effectively accomodate And Whereas the 1972 Annual Town Meeting unanimously approved part one of a three part budget request Be It Resolved that the 1973 Annual Town Meeting encourages the Lexington Bicentennial Committee to continue the planning and execution of Bicentennial activities which reflect the contemporary spirit and interest of the townspeople. 9 :42 P. M. Mr. Greeley stated that the full budget for the 1975 Bicentennial will be $100,000.00. 9 :49 P. M. Norman P. Cohen, Town Counsel, took the stand as Moderator while Moderator, Lincoln P. Cole, Jr. spoke on the motionas a member of the Lexington Bicentennial Committee and of the State Bicentennial Committee. 10 P. M. After much discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:41 P. M. The Resolution was declared adopted by voice vote. 10 :41 P. M. Edward E. Furash moved to amend the main motion by substituting the sum of $20,000.00 for the sum of $40,000.00. 10:41 P. M. After general discussion, John Deutch moved the previous question which was declared carried unanimously. 10:58 P. M. Main motion, as amended, now reads: MOTION: That the sum of $20,000.00 be appropriated under the provisions of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that such' amount be raised in the current tax levy. Main motion as presented by Mr. Kenney, as amended by Mr. Furash, declared carried by voice vote. 10:59 P. M. .o. Allan F. Kenney moved that the meeting be adjourned to Monday, April 2, 1973 at 8 P. M. in the Cary Memorial Hall. 11 P. M. Carried by voice vote. 11 P. M. A true copy attest: 4„p-14414 MJF. An ll- Mary R. McDonough, Town Clerk 1 4O5 ADJOURNED TOWN MEETING HELD APRIL 2 , 1973 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:05 P. M. in the Cary Memorial Hall. There were 192 Town Meeting Members present. Invocation offered by Rev. Henry H. Clark, Minister from the Hancock United Church of Christ. 8 :06 P. M. Article 43. Presented by Allan F. Kenney. MOTION: That the sum of $120,000.00 be appropriated for the purposes of remodeling, reconstructing or making extraordinary repairs to Buckman Tavern, and that such amount be raised in the current tax levy. 8 :08 P. M. Luigi R. DiNapoli of the Buckman Tavern Building Committee spoke of the need for the repairs. 8 :13 P. M. David A. Lavender moved to amend the motion by striking the words "raised in the current tax levy" and sub- stituting therefor the words "transferred from the Federal Revenue Sharing Funds" . Mr. Lavender then withdrew his motion. 8 :16 P. M. Main motion, as presented by Mr. Kenney, declared carried unanimously 8 :23 P. M. Article 44. Presented by Allan F. Kenney. MOTION: That the sum of $2,500.00 be appropriated for the development of paths for walking, bicycling and cross-country skiing in such locations as the Recrea- 7- tion Committee may determine with the approval of the Board of Selectmen, and that such amount be raised in the current tax levy. 8 :23 P. M. Edward E. Furash, Chairman of the Appropriation Com- mittee, stated that the Appropriation Committee recommended favorable action on Article 45 and unfavorable action on Articles 44 , 46 and 47 (all Recreation articles) . 8 :27 P. M. Charles F. Gallagher, Jr. , Chairman of the Recreation Committee, stated that his committee unanimously supports Articles 44, 45, 46 and 47 . 8 :28 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that his board unanimously supports Article 44 . 8 :28 P. M. Joyce A. Miller, President of the Lexington League of Women Voters, stated that the league supports Articles 44 , 45, 46 and 47. 8 :30 P. M. John Deutch moved the previous question which was declared carried by voice vote. 8 :31 P. M. Moderator doubted voice vote on main motion, so a standing vote taken as follows: Prec. In Favor Tellers 2pposed 1 10 Patricia K. Hagedorn 8 2 14 Michael J. O'Sullivan 5 3 14 Shirley A. Byrne 2 4 15 Joseph 0. Rooney 2 5 16 Arthur E. Burrell 2 6 14 John T. Harvell 3 7 13 Jacquelyn H. Ward 0 8 14 Mary E. Shunney 4 9 9 Stephen Michael Politi 5 At large 16 Howard L. Levingston 8 135 39 Main motion adopted. 8 :34 P. M. 406 Article 45. Presented by Allan F. Kenney. MOTION: That the sum of $40,000.00 be appropriated for the further development and improvement of the Old Res area, and that such amount be raised in the current tax levy. 8 :34 P. M. Charles F. Gallagher, Jr. , Chairman of the Recreation Committee, and Benedict Walter Bertini, Director of Recreation, both explained the project and answered questions. 8 :41 P. M. Frank H. Totman, Jr. asked if there would be an increase -, in lifeguards. 8 :42 P. M. Mr. Gallagher stated that there would be a need for five additional lifeguards at $80.00 per week for twelve weeks at a total cost of $4 ,800.00. 8 :43 P. M. Paul A. Plasse spoke of the possibility of raising the fees for the swim tags but Mr. Kenney stated that he was reluctant to raise the fee of 254. 8 :43 P. M. Main motion, as presented by Mr. Kenney, declared carried unanimously. 8 :50 P. M. Article 46. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :50 P. M. Article 47. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. 8 :50 P. M. Charles F. Gallagher, Jr. spoke against indefinite postponement. 8 :51 P. M. '...� The Moderator called for a brief recess. 8 :52 P. M. The meeting was again called to order by the Moderator at 8 :55 P. M. Mr. Kenney asked permission to withdraw his motion. As there were no objections from the meeting, the motion to indefinitely postpone was withdrawn. 8 :56 P. M. Charles F. Gallagher, Jr. presented the following motion under ARticle 47 : MOTION: That the sum of $31,000.00 be appropriated for the construction of four tennis courts at Diamond Junior High School, and that such amount be raised in the current tax levy. 8 :57 P. M. Allan F. Kenney moved that Article 47 be indefinitely postponed. 8 :57 P. M. Mr. Gallagher spoke against indefinite postponement. 8 :58 P. M. -- Edward E. Furash stated that the Appropriation Committee asked that the meeting vote this article down. 8 :59 P. M. Wiltrud R. Mott-Smith- questioned regarding the long term planning program and Mr. Gallagher stated that about forty tennis courts would be the maximum. 9 :07 P. M. 407 Article 47. Frederick C. Frick. asked that Robert V. Whitman of the Cont. Permanent Building Committee give the status of the tennis courts at Clarke Junior High School. 9:08 P. M. Mr. Whitman stated that the courts should be finished by June 1. 9:09 P. M. The Moderator doubted the voice vote on the motion to indefinitely postpone Article 47 so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 11 Patricia K. Hagedorn 7 2 10 Michael J. O'Sullivan 9 3 5 Shirley A. Byrne 11 4 9 Joseph 0. Rooney 10 5 7 Arthur E. Burrell 11 6 :3 John T. Harvell 13 7 5 Jacquelyn H. Ward 14 8 15 Mary E. Shunney 5 9 9 Stephen Michael Politi 9 At Large 17 Howard L. Levingston 7 91 96 Motion to indefinitely postpone Article 47 declared lost. 9:12 P. M. Alan B. Wilson moved the previous question which was declared carried by voice vote. 9 :27 P. M. The Moderator doubted the voice vote on the main motion, so a standing vote was taken as follows: fl Precinct In Favor Tellers Opposed 1 6 Patricia K. Hagedorn 12 2 8 Michael J. O'Sullivan - 10 3 10 Shirley A. Byrne 6 4 10 Joseph O. Rooney 7 5 8 Arthur E. Burrell 9 6 14 John T. Harvell 3 7 12 Jacquelyn H. Ward 7 8 4 Mary E. Shunney 16 9 7 Stephen Michael Politi 11 At Large 7 Howard L. Levingston 17 86 98 Main motion, as offered by Mr. Gallagher, declared lost. 9 :32 P. M. Article 48. Presented by Natalie H. Rif fin. MOTION: That the Selectmen be authorized to accept a gift from Marion T. Harris of a lot of land off Burl- ington Street adjacent to Kinneen Park containing 41,200 square feet more or less, shown on "Plan of Land in Lexington - Mass. " by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors dated November 28, 1953 , recorded in Middlesex South District Registry of Deeds as Plan Number 110 of 1954 , such lot to be used for park and playground purposes. Carried Unanimously 9 :34 P. M. Article 49. Presented by Allan. F. Kenney. MOTION: That the sum of $1,500.00 be appropriated for leasing five voting machines, and that such amount be raised in the current tax levy. Carried Unanimously 9:36 P. M. 408 Article 50. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:36 P. M. Article 51. Presented by Allan F. Kenney. MOTION: That the sum of $18 ,000.00 be appropriated for the improvement of lowlands and swamps and the eradi- cation of mosquitoes under Chapter 252 of the General Laws, and that such amount be raised in the current tax levy. 9:37 P. M. Robert Armstrong of the East Middlesex Mosquitoe Control explained the program and answered many questions. 9:39 P. M. Manfred P. Friedman moved to amend the motion under Article 51 by deleting the word "and" which follows the word "swamps" and substituting therefor the word "for"; and by deleting the figure $18 ,000.00 and substituting therefor the figure $10,000.00 9:40 P. M. Motion to amend, as offered by Mr. Friedman, declared lost by voice vote. 9:55 P. M. Richard K. Eaton moved the previous question which was declared carried by voice vote. 10:01 P. M. Main motion, as offered by Mr. Kenney, declared carried by voice vote.. 10:01 P. M. Article 52. Presented by Fred C. Bailey. MOTION: That the sum of $30,417.00 be appropriated to be expended under the direction of the Board of Health for providing cooperative or complementary facilities to the out-patient clinic of the Mystic Valley Mental Health Association established in accordance with the provisions of Chapter 19 of the General Laws in coopera- tion with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic, and that such amount be raised in the current tax levy. 10:02 P. M. Mr. Bailey stated that the Board of Selectmen is unanimously in favor of this article as it stands. 10:04 P. M. Fredric S. Cohen moved to amend Article 52 by sub- stituting the sum of $40,095.00 for the sum of $30,417.00. 10:05 P. M. Donald K. Tucker, President of the Mystic Valley Mental Health Association is recognized and speaks on the motion. 10:08 P. M. Edward E. Furash stated that the Appropriation Committee is in favor of the main motion but opposed to the amendment. 10:10 Pt M. Mr. Bailey stated that the Selectmen agree with the -- Appropriation Committee. 10:11 P. M. Dr. Charles Ellicott of the Lexington Board of Health stated that his board approves of the main motion. 10:17 P. M. Mary Welch, Director of the Mystic-Valley Mental Health Association, was recognized and gave an explanation of the use and statistics of the association. 10:24 P. M. 409 Article 52. (Cont. ) Manfred P. Friedman served notice of reconsideration of Article 51. 10:25 P. M. Article 52. Moderator doubted voice vote on the Mr. Cohen's motion (Cont. ) to amend, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 7 Patricia K. Hagedorn 9 2 8 Michael J. O'Sullivan 11 3 15 Shirley A. Byrne 2 4 11 Joseph 0. Rooney 8 5 9 Arthur E. Burrell 8 6 14 John T. Harvell 2 7 13 Jacquelyn H. Ward 5 8 9 Mary E. Shunney 10 9 6 Stephen Michael Politi 12 At Large 6 Howard L. Levingston 16 98 83 Motion to amend Article 52 , as offered by Mr. Cohen, adopted. 10 :27 P. M. J. Keith Butters moved the previous question which was declared carried by voice vote. 10:35 P. M. Main motion, as amended, now reads: MOTION: That the sum of $40,095.00 be appropriated to be expended under the direction of the Board of Health for providing cooperative or complementary facilities to the out-patient clinic of the Mystic Valley Mental Health Association established in accordance with the provisions of Chapter 19 of the General Laws in coopera- tion with the Massachusetts Department of Mental L _ Health, and for providing payment for services rendered or to be rendered by such Clinic, and that such amount be raised in the current tax levy. Main motion, as amended, declared carried by voice vote. 10 :35 P. M. Article 53. Presented by Fred C. Bailey. MOTION: That the sum of $11,957 .25 received in 1973 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 10:36 P. M. Fred C. Bailey served notice of reconsideration of Article 52. 10 :36 P. M. Article 54. Presented by Natalie H. Riff in. MOTION: That the sum of $20,000.00 be appropriated for the study of community development needs, including, but not limited to, consideration of open space planning, recreation needs, business center development and environ- ment concerns, to be expended under the direction of the Planning Board with the approval of the Board of Select- men in consultation with interested Town committees, including the Capital Expenditures and Appropriation Committees, and that such amount be raised in the current tax levy. 10:37 P. M. 10 Article 54. Edward E. Furash moved to amend the motion by substituting (Cont. ) the sum of $1.00 for the sum of $20,000.00. 10 :42 P. M. Motion to amend, as offered by Mr. Furash, declared carried by voice vote. 10:58 P. M. James M. McLaughlin moved the previous question which (See was declared carried by voice vote. Page 11:02 P. M. 420. ) Main motion, as amended, declared lost by voice vote. 11:02 P. M. Margery M. Battin served notice of reconsideration of Article 54 . 11:03 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 4 , 1973 at 8 P. M. in Cary Memorial Hall. 11:03 P. M. William T. Spencer stated that when the motion to adjourn is made on Wednesday, that he is going to make the motion to adjourn to Thursday, April 5, 1973. 11:04 P. M. Motion to adjourn to Wednesday, April 4, 1973 at 8 P. M. in Cary Memorial Hall, as offered by Mr. Kenney, declared carried by voice vote. 11:04 P. M. A true copy. Attest: —41A4/' /1 3 °‘ Mary R. McDonough, Town Clerk CUL ADJOURNED TOWN MEETING HELD APRIL 4 , 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P. M. in the Cary Memorial Hall. There were 187 Town Meeting Members present. Invocation offered by Rev. Herbert R. Adams, Minister, Follen Community Church. 8 :10 P. M. • Article 55. Presented by Howard M. Kassler. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be (Amended authorized to take by eminent domain, upon the written April 11, request of the Conservation Commission, for conserva- 1973 - tion purposes including outdoor recreation as provided See by Section 8C of Chapter 40 of the General Laws, any fee, Page easement or conservation restriction as defined in 433. ) Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 92A on Assessors' Property Map 54 , now or formerly of John W. Porter, and Lot 106 on Assessors' Property Map 54 , now or formerly of Waymint Realty Trust; that the sum of $95,000.00 be appropriated for such land acquisition, and that such amount be raised in the current tax levy. 8 :12 P. M. Charles F. Gallagher, Jr. stated that the Recreation Committee supported this article. 8 :28 P. M. Alfred P. Tropeano stated that as he was representing John W. Porter he would refrain from voting on this motion. 8 :32 P. M. L. Mr. Tropeano spoke in opposition and stated that this land could be divided into twenty house lots to be sold at $15,000.00 each. 8 :36 P. M. Joyce A. Miller stated that the League of Women Voters supported all of the conservation articles. 8 :41 P. M. Fred C. Bailey stated that the Board of Selectmen unanimously supported this article. 8 :47 P. M. M. Chandler Crocker, II moved to amend the motion by striking out the words "and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, " . 8 :50 P. M. J. S. Nason Whitney moved the previous question which was declared carried by voice vote. 8 :57 P. M. Motion to amend, as offered by Mr. Crocker, declared lost by voice vote. 8 :57 P. M. LI Standing vote on main motion, as offered by Mr. Kassler : Precinct In Favor Tellers Opposed 1 8 Patricia K. Hagedorn 8 2 12 Michael J. O'Sullivan 3 3 14 Shirley A. Byrne 2 4 15 Joseph 0. Rooney 0 5 11 Arthur E. Burrell 6 6 15 John T. Harvell 0 7 15 Jacquelyn H. Ward 3 8 7 Mary E. Shunney 11 9 13 Stephen Michael Politi 3 At large 24 Howard L. Levingston 4 ITT 40 Main motion adopted 9 :01 p. M. 4112 Edward E. Furash served notice of reconsideration of Article 55. 9:02 P. M. Article 56. Presented by David G. Williams. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:02 P. M. Article 57. 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 r request of the Conservation Commission, for conserva- tion 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 26 on Assessors' Property Maps 87 and 89 , now or formerly of The Lucky Penny Trust, located southerly of the northerly line of the Boston Edison Easement; that the sum of $5,000.00 be appropriated for such land acquisition, and that such amount be raised in the current tax levy. 9:03 P. M. Voice vote not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Patricia K. Hagedorn 5 2 13 Michael J. O'Sullivan 2 3 15 Shirley A. Byrne 0 4 16 Joseph O. Rooney 0 5 12 Arthur E. Burrell 5 6 15 John T. Harvell 0 7 12 Jacquelyn H. Ward 6 8 6 Mary E. Shunney 13 9 6 Stephen Michael Politi 7 At Large 24 Howard L. Levingston 0 127 38 Adopted. 9:13 P. M. Article 58. Presented by Manfred P. Friedman. 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 conserva- tion 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 18 on Assessors' Property Map 82, now or formerly of Ruth C. Johnson; that the sum of $5,000.00 be appropriated for such land acquisition, and that such amount be raised in the current tax levy. 9 :15 P. M. Voice vote not unanimous, standing vote as follows: Precinct In Favor Tellers Opposed 1 12 Patricia K. Hagedorn 0 2 17 Michael J. O'Sullivan 0 3 16 Shirley A. Byrne 0 4 16 Joseph O. Rooney 0 5 15 Arthur E. Burrell 2 6 14 John T. Harvell 0 7 17 Jacquelyn H. Ward 1 8 11 Mary E. Shunney 1 9 14 Stephen Michael Politi 0 At Large 25 Howard L. Levingston 0 157 4 Motion adopted. 9:20 P. M. 413 Article 59. Presented by Manfred P. Friedman. 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 conserva- tion 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 83A, 84 and 101B on Assessors ' Property Map 82 , now or formerly of Greener and Whiter Trust; that the sum of $30,000.00 be appropriated for such land acquisition, and that such amount be raised in the current tax levy. 9:22 P. M. Eric T. Clarke stated that the Planning Board supported this article. 9:33 P. M. Voice vote on Mr. Friedman's motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 3 Patricia K. Hagedorn 10 2 11 Michael J. O'Sullivan 5 3 13 Shirley A. Byrne 4 4 11 Joseph O. Rooney 6 5 11 Arthur E. Burrell 7 6 14 John T. Harvell 1 7 13 Jacquelyn H. Ward 5 8 3 Mary E. Shunney 14 9 11 Stephen Michael Politi 5 At Large 25 Howard L. Levingston 2 115 59 Less than the required two-thirds having voted in favor, the motion is not adopted. 9 :36 P. M. Article 60. 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 conserva- tion 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 409 on Assessors' Property Map 13 and Lot 91 on Assessors' Property Map 20-, now or formerly of Ralph D. Cataldo; that the sum of $5,000.00 be appropriated for such land acquisition, and that such amount be raised in the current tax levy. 9:37 P. M. Stanley A. Brown served notice of reconsideration of ARticle 59. 9:46 P. M. Article 60. Ephraim Weiss moved that this article be tabled which (Cont. ) was declared lost by voice vote. 9 :47 P. M. Mr. Smith stated that the acquisition of the conserva- tion easement is dependent on Mr. and Mrs. Cataldo getting Board of Appeals permission to provide parking for the employees of Mal 's. Access to the parking would be over town owned land. 9 :53 P. M. X14 Article 60. Eric T. Clarke stated that the Planning Board supported (Cont. ) this article. 9:53 P. M. George S. Silverman moved the previous question which was declared carried by voice vote. 9:56 P. M. William J. Dailey, Jr. , James Cataldo, Ralph A. Cataldo and William R. Cataldo abstained from voting on the main motion. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 Patricia K. Hagedorn 0 2 17 Michael J. O'Sullivan 0 3 16 Shirley A. Byrne 0 4 15 Joseph O. Rooney 3 5 15 Arthur E. Burrell 3 6 15 John T. Harvell 0 7 16 Jacquelyn H. Ward 0 8 17 Mary E. Shunney 0 9 16 Stephen Michael Politi 0 At Large 27 Howard L. Levingston 0 168 6 Motion Adopted. 9:58 P. M. Article 61. Presented by Howard M. Kassler. MOTION: That the sum of $10,000.00 be appropriated to the Conservation Fund, established by vote under Article 9 of the warrant for the special town meeting held on June 8, 1964, and that such amount be raised in the current tax levy. Carried by voice vote. 10:01 P. M. Article 62. Presented by Natalie H. Riffin. MOTION: That the Selectmen be authorized to accept a gift from the Commissioner of Mental Health, acting for and on behalf of the Commonwealth of Massachusetts, of a parcel of land located on Concord Avenue for conserva- tion purposes. Carried Unanimously. 10 :05 P. M. Article 63. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to accept a gift from The First Bedford Realty Trust and its tenant Living and Learning Centres, Inc. of a conservation easement along the Munroe Brook. Carried Unanimously. 10:07 P. M. Article 64. Presented by Frank I. Michelman. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:08 P. M. Article 65. Presented by Allan F. Kenney. MOTION: That the Selectmen be authorized to sell, as one lot or in separate lots, to the highest bidder or bidders, or in such manner and on such other terms and conditions as the Selectmen may determine to be in the interest of the Town, certain equipment and material of the Public Works Department that is no longer required by it, including 1 Compressor and Electric Motor, 1 Air Chamber, 1 Control Panel and 2 Check Valves. Carried Unanimously. 10 :09 P. M. 415 ARTICLE 66 and ARTICLE 67 and ARTICLE 68. Presented by Allan F. Kenney. MOTION: I move that these three articles be taken up together. Carried by voice vote. 10:10 P. M. ARTICLE 66. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way Grassland Street from Payson Street a distance of 1,050 feet, more or less, easterly to Valleyfield Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:10 P. M. Eric T. Clarke filed the Report of the Planning Board recommending acceptance of the street layouts under Articles 66 , 67 , 68 , 71, 72 , 73 , 74 and 75. Joseph O. Rooney moved the previous question which was declared carried by voice vote. 10:20 P. M. Main motion, as presented by Mr. Kenney, declared carried unanimously. 10 :20 P. M. Article 67. Presented by Allan F. Kenney. MOTION: To establish a town way and accept the layout of as a town way Holland Street from Taft Avenue a distance of 200 feet, more or less, northeasterly to end as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973 ; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously. 10:22 P. M. Article 68. Presented by Allan F. Kenney. MOTION: To accept the alteration and relocation of Fern Street from the westerly sideline of Pleasant Street a distance of 100 feet, more or less, south- westerly as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973; authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously. 10:25 P. M. MOTION: That the sum of $83 ,000.00 be appropriated for land acquisition, construction, alteration and recon- struction of ways enumerated in Articles 66 , 67, and 68, and that such amount be raised in the current tax levy. Carried Unanimously 10 :26 P. M. Article 69. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10 :27 P. M. Article 70. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:28 P. M. 4[16 Article 71. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Barrett Road from Worthen Road a distance of 714 feet, more or less, southwesterly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously. 10:28 P. M. Article 72. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the lay- out of as a town way Bond Road from John Poulter Road a distance of 281 feet, more or less, westerly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15 , 1973, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :29 P. M. Article 73. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the lay- out of as a town way Viles Road from John Poulter Road a distance of 288 feet, more or less, westerly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15 , 1973, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously. 10 :30 P. M. Article 74. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the lay- out of as a town way John Poulter Road from Winthrop Road a distance of 1,231 feet, more or less, south-,- westerly outh-westerly to Worthen Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973 , and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. 10:31 P. M. Richard A. Michelson moved that this article be indefinitely postponed, which was declared lost by voice vote. 10:35 P. M. Motion, as presented by Mr. Busa, carried by voice vote. 10:35 P. M. Article 75. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the lay- out of as a town way Worthen Road from Waltham Street a distance of 1,053 feet, more or less, southeasterly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1973, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, -- easement or other interest in land necessary therefor. Carried Unanimously. 10 :37 P. M. Article 76. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptances of streets, and that such amount be raised in the current tax levy. Carried Unanimously. 10 :37 P. M. 417 Article 77. Presented by Eric T. Clarke. MOTION: That for purposes of providing pedestrian access from Mason Street in the Pleasant Brook neighbor- hood to the West Farm Conservation area, the Board of Selectmen be and they hereby are empowered to accept a 12 foot wide easement running from the north side of Mason Street northeasterly to the boundary of land now or formerly of William S. Wilson, Donald D. Wilson and Allen B. Wilson, and then east to the boundary of land now owned by the Town of Lexington which is shown as "Lot A" on Land Court Plan 27502-B, and, upon acceptance of said easement, to abandon an old easement running from Mason Street more northerly to the boundary of the afore- mentioned Wilson land and then east to the boundary of the aforementioned "Lot A" ; and that the Selectmen be authorized to take all other action necessary to carry out this vote. Carried Unanimously 10:45 P. M. Stanley A. Brown moves that Article 80 be taken up out of order. Carried by voice vote. 10 :45 P. M. Article 80. Presented by Stanley A. Brown. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed dated July 13 , 1972, from Cape and Islands Financial Corporation conveying to the Town lot 21 containing 98 ,738 square feet as shown on plan entitled "Idylwilde Farms, Lexington, Mass. " dated December 29, 1969 , revised July 1971 and June 12, 1972 by Erich W. Nitzsche, registered professional engineer and land surveyor, recorded in Middlesex South Registry of Deeds, be ratified, confirmed and adopted. Carried Unanimously. 10 :46 P. M. Stanley A. Brown moved that Article 81 be taken up out of order. Carried Unanimously. 10:47 P. M. Article 81. Presented by Stanley A. Brown. MOTION: That the Board of Selectmen be authorized to accept on behalf of the Town a deed from Jenkins Realty Inc. conveying to the Town parcel A containing 3 .87 acres as shown on plan entitled "Springdale Estates, Lexington, Mass. " dated July 13, 1969, revised December 15, 1972, by Miller and Nylander, Civil Engineers and Surveyors, recorded in Middlesex South Registry of Deeds. Carried Unanimously. 10:48 P. M. Stanley A. Brown moves that Article 82 be taken up out of order. Carried Unanimously. 10:48 P. M. Article 82. Presented by Stanley A. Brown. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Village Development Corporation conveying to the Town lot A containing 3.4 acres and lot C containing 2.4 acres as shown on plan entitled "Village Circle Subdivision Plan of Land, Lexington, Mass. " dated May 12, 1969, revised June 26 , 1969 and April 28 , 1970, by E. Conrad Levy and Associates, Surveyors and Engineers, recorded in Middle- sex South Registry of Deeds, be 'ratified, confirmed and adopted. Carried Unanimously. 10 :49 P. M. Allan F. Kenney moved that Article 83 be taken up out of order. Carried Unanimously. 10 :50 P. M. 4T h Article 83. Presented by Allan F. Kenney. MOTION: That the General By-Laws of the Town of Lexington be amended by striking the third paragraph of Section 1 of Article XXX and inserting in place thereof a new third paragraph to read as follows: The Board or committee for which a structure, re- (Approved creational facility, or building is being planned or by constructed shall appoint not more than two representatives Attorney to the committee who shall be entitled to participate General, in the activities of the committee and vote on matters Robert affecting the particular project for which they are so H. Quinn, appointed. Such appointed members shall serve only for June 25, the time during which the committee is exercising its 1973. ) function with respect to such project. —' 10:51 P. M. Mr. Kenney asked permission to withdraw his motion, and, as there were no objections from the Town Meeting, the motion was withdrawn. 10:51 P. M. Mr. Kenney then presented the following motion under Article 83: MOTION: That the General By-Laws of the Town of Lex- ington be amended by striking the third paragraph of Section 1 of Article XXX and inserting in place thereof a new third paragraph to read as follows: The Board or committee for which a structure, recreational facility, or building is being planned or constructed shall appoint not more than two representa- tives to the committee who shall be entitled to partici- pate in the activities of the committee and vote on matters affecting the particular project for which they are so appointed. Such appointed members shall be voters of the Town and shall serve only for the time during which the committee is exercising its function with respect to such project. No appointed member of the committee shall be a town officer or town employee. 10:52 P. M. Robert V. Whitman stated that the Permanent Building Committee supported this motion. 10:54 P. M. Motion, as presented by Mr. Kenney, carried unanimously. 10:55 P. M. Allan F. Kenney moved that Article 84 be taken up out of order. Carried Unanimously. 10 :55 P. M. Article 84. Presented by Edward E. Furash. MOTION: That the Moderator appoint a committee of five town meeting members to study the advisability of changing the date for the annual town meeting, such committee to report to the Moderator and Board of Select- men not later than January 1, 1974. 10:57 P. M. David Reiner suggested having Saturday sessions and also having spring sessions and any zoning changes should come up at a fall session. 11 :02 P. M. Paul A. Plasse suggested that election day should be changed to a Saturday. 11 :02 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 11 :03 P. M. Main motion, as presented by Mr. Furash, declared carried by voice vote. 11 :03 P. M. 449 Allan F. Kenney moved that the meeting be adjourned to Monday, April 9, 1973 at 8 P. M. in the Cary Memorial Hall. 11:03 P. M. William T. Spencer moved to amend the motion by changing the date to Thursday, April 5, 1973 at the same hour. 11:03 P. M. Motion to amend, as presented by Mr. Spencer, declared lost by voice vote. 11:07 P. M. Motion to adjournto Monday, April 9, 1973 at 8 P. M. in the [ Cary Memorial Hall, as presented by Mr. Kenney, declared carried by voice vote. 11:08 P. M. A true copy. Attest: )06_0,4 /?: 1A Mary R. McDonough, Town Clerk 0 1 42U ADJOURNED TOWN MEETING HELD APRIL 9, 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :08 P. M. There were 190 Town Meeting Members present. Invocation offered by Rev. R. Reinhold Abele, Minister of the Pilgrim Congregational Church. 8 :10 P. M. Allan F. Kenney moved to resubmit Article 39. 8 :12 P. M. Mr. Kenney then reads the motion under Article 39 : Article 39. MOTION: That the sum of $3,000.00 be appropriated for materials and grading in order to extend the Meriam Street off-street parking area, and that such amount (See be raised in the current tax levy. Page 8 :13 P. M. 402) Mr. Kenney' s motion to resubmit Article 39 declared carried by voice vote. 8 :15 P. M. Edward E. Furash stated that the Appropriation Committee is in favor of this motion as presented by the Selectmen. 8 :16 P. M. The substitute motion, as presented by Mr. Kenney this evening, declared carried by voice vote. 8 :16 P. M. Margery M. Battin moved to reconsider ARticle 54. 8 :16 P. M. Mrs. Battin read new motion under Article 54 : Article 54. MOTION: That the sum of $5,000.00 be appropriated to be expended under the direction of the Planning Board for the study of Tophet Swamp and its environs, and that such sum be raised in the current tax levy. 8 :17 P. M. Eric T. Clarke presented the Planning Board Report on this article. 8 :22 P. M. Howard M. Kassler stated that the Conservation Commission is in favor of reconsideration and the substitute motion. 8 :25 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously support the motion to reconsider Article 54 . 8 :27 P. M. Motion to reconsider Article 54 , as presented by Mrs. Battin, declared carried by voice vote. 8 :31 P. M. Article 54. Amended motion presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended under the direction of the Planning Board for the study of Tophet Swamp and its environs, and that such sum be raised in the current tax levy. Voice vote on amendment doubted, so standing vote taken: Precinct In Favor Tellers Opposed I] 1 8 Patricia K. Hagedorn 11 2 11 Michael J. O'Sullivan 7 3 13 Shirley A. Byrne 3 4 16 Joseph O. Rooney 0 5 11 Arthur E. Burrell 5 6 16 John T. Harvell 2 7 13 Jacquelyn H. Ward 1 8 6 Mary E. Shunney 11 9 10 Stephen Michael Politi 5 At large 21 Howard L. LevingSton 1 TIT Amendment adopted. 8 :39 P.M. 46 Main motion, as amended carried by voice vote. 8 :39 P. M. 421_ Daniel E. Power stated that he had intended to move that ARticle 92 be taken up out of order as the architect for the project will be leaving for Hong Kong for two years but he is not going to make that motion at this time. He is alerting the meeting that he may move at the next adjourned session that Article 92 be brought up early in the meeting. 8 :42 P. M. Article 78. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article with the following changes. 1. ) Section 37.1 shall read as follows: r- "37.1. The purposes of the Wetland Protection District are to preserve and maintain the ground water table; to protect the public health and safety by protecting persons and property against the hazards of flood water inundation; and to protect the community against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along water courses, or in areas subject to floods. " 2. ) The. word 'may" in the last sentence of Section 37.5 shall be changed to "shall" . 3. ) Section 37.7 shall read as follows: "37.7. No land, building, or structure in a Wetland Protection District shall be used for sustained human occupancy except buildings or structures existing on the effective date of this section, or land, buildings or structures which comply with the provisions of this by-law. Where no filling of such land takes place, any addition, alteration, repair or reconstruction of such building or structure or the construction of any structure accessory thereto shall -� be exempt from the provisions of Sections 37.4 and 37.5. " 8 :44 P. M. Howard M. Kassler stated that the Conservation Commission unanimously favored this article. 8 :58 P. M. Eric T. Clarke filed the Report of the Lexington Planning Board on Articles 78 and 79. 8 :58 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen supported this article. 8 :59 P. M. Selectman, Alfred S. Busa spoke against the article. 9:02 P. M. Joyce A. Miller stated that the League of Women Voters supported this article. 9 :07 P. M. Paul A. Plasse moved for recommittal. 9:08 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 9 :16 P. M. [7 Motion to recommit, as presented by Mr. Plasse, declared lost by voice vote. 9:16 P. M. Joan P. Crothers moved for a roll call vote which was declared lost by voice vote. 9:17 P. M. Voice vote on main motion taken as follows: 42 Article 78. Precinct In Favor Tellers Opposed (Cont.) 1 9 Patricia K. Hagedorn 8 2 10 Michael J. O'Sullivan 8 3 13 Shirley A. Byrne 3 4 14 Joseph O. Rooney 3 5 15 Arthur E. Burrell 2 6 17 John T. Harvell 0 7 16 Jacquelyn H. Ward 1 8 3 Mary E. Shunney 10 9 10 Stephen Michael Politi 6 At large 20 Howard 'L. Levingston 4 127 45 Motion under Article 78, which reads as follows, adopted. 9:18 P. M. (Approved MOTION: That the Zoning By-Law of the Town be amended by as follows: Attorney General, A. By inserting in the second sentence of Section 13 Robert thereof following the words "ground water drainage" H. Quinn, the words: "protection against flooding and June 28, inundation, prevention of water pollution and 1973. ) environmental damage"; B. By adding at the end of Section 20 the following new subsection: "20.3 Wetland Protection Districts: W - Wetland Protection Districts, which are superim- posed on other districts, as defined in Section 37. " C. By adding the following sentence after the first sentence of Section 24 : "Use of land in a Wetland Protection District shall be governed by the requirements of Section 37 , as well as the requirements of the Use Regulation ._.. Schedule. " D. By inserting a new Section 37 in proper numerical sequence and reading as follows: 37.1 The purposes of the Wetland Protection District are to preserve and maintain the ground water table; to protect the public health and safety by protect- ing persons and property against the hazards of flood water inundation; and to protect the community against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along water courses, or in areas subject to floods. 37.2 A Wetland Protection District shall not supersede other zoning districts established by this by-law for land within the District but shall be deemed to be superimposed over such other zoning districts. 37.3 Within a Wetland Protection District no land shall be used except for one or more of the following uses; any woodland, grassland, wetland, agricultural, horticultural, or recreational use of land or water, provided such use does not require filling of the land. 37.4 The Board of Appealsmayissue a special permit for buildings and structures accessory to any of the uses permitted in Section 37 .3 , or for filling and excavation of the land for such uses, if the Board finds that such building, structure or filling or excavation is in harmony with the general purpose and intent of Section 37 . A copy 423 Article 78 . of every application for such a special permit shall be (Cont. ) given by the applicant at the time of submission of the application to the Board of Selectmen, to the Board of Health, to the Planning Board, and to the Conservation Commission as well as all other parties required. 37.5 The Board of Appeals may issue a special permit for any use of land which would otherwise be permitted if such land were not, by operation of this section, in the Wetland Protection District if the Board finds (1) that such land within the District is in fact not subject to flooding or is not unsuitable because of drainage conditions for such use, and (2) that the use L of such land for any such use will not interfere with the general purposes for which Wetland Protection Districts have been established, and (3) that such use will not be detrimental to the public health, safety, or welfare. A copy of every application for a special permit under this section shall be given by the appli- cant at the time of submission of the application to the Planning Board, the Board of Health, the Conserva- tion Commission, and the Board of Selectmen. The Board of Appeals shall not hold a public hearing on the application earlier than thirty days after submission of the application. The above-named Boards shall submit reports or recommendations on the application to the Board of Appeals at or before the public hearing on the application, but failure to make such reports or recommendations shall not prevent action by the Board of Appeals. 37.6 Except as provided in Sections 37 .4 or 37 .5 there shall be in the Wetland Protection District: No landfill or dumping or excavation of any kind. No drainage work other than by an authorized public agency. No damming or relocation of any watercourse except as part of an overall drainage basin plan. No building or structure. No permanent storage of materials or equipment. 37.7 No land, building, or structure in a Wetland Protection District shall be used for sustained human occupancy except buildings or structures existing on the effective date of this section, or land, buildings or structures which comply with the provisions of this by-law. Where no filling of such land takes place, any addition, alteration, repair or reconstruction of such building or structure or the construction of any structure accessory thereto shall be exempt from the provisions of Sections 37.4 and 37.5.. 37.8 Notwithstanding any other provision of Section 37, if any part of a lot is within the Wetland Protection District, that part of the lot may be used to meet the area and dimensional requirements specified in Section 27 for lots in the underlying district. (Adopted. In Favor: 127 Opposed: 45 9 :18 P. M. ) Article 79. Presented by Eric T. Clarke. (Approved MOTION: That the Zoning By-Law of the Town be amended by as follows: Attorney General, A. By adding a new subsection 22.5 as follows: Robert H. Quinn, "22.5. Wetland Protection Districts: June 28, 1973. ) W - Wetland Protection Districts are shown on maps entitled Wetland Protection Districts, Lexington, Massachusetts - 1973 consisting of an index map and 12 sheets entitled Zoning District Maps 424 Article 79. numbered W-1, W-2 , W-5 , W-6 , W-7 ,W-8, W-12, (Cont.) W-13, W-26 , W-32, W-33, W-39. " B. and by adopting and incorporating as a part of the Town Zoning Map maps entitled Wetland Protection Districts, Lexington, Massachusetts - 1973 consisting of an index map and 12 sheets entitled Zoning District Maps... numbered W-1, W-2, W-5, W-6, W-7 , W-8, W-12, W-13, W-26, W-32, W-33 , W-39, all dated March 19, 1973 and on file with the Town Clerk. 9:21 P. M. Mr. Clarke had filed the Planning Board Report on Article 79 at the time he filed the report covering Article 78. - Mr. Clarke stated that article covered three sections: land near Metropolitan State Hospital and Belmont Country Club; Great Meadows and Hobb Brook Reservoir area. 9:27 P. M. Allan F. Kenney moved to amend the. motion: I move that the motion offered under Article 79 be amended by deleting all references to Zoning District Maps numbered W-7, W-8 , W-12 and W-13. 9:30 P. M. Mr. Kenney stated that the purposeof the_ amendment is to delete the Great Meadows. The Board of Selectmen of Arlington have asked that this be done so that they can review this more thoroughly, and the Lexington Board of Selectmen agree with them. 9 :32 P. M. Motion to amend, as offered by Mr. Kenney, declared lost by voice vote. 9:42 P. M. Erik Lund moved to amend the motion under Article 79 by striking from the motion the words "W-26" wherever the words appear. 9:42 P. M. Mr. Lund's amendment would remove the Hobbs Brook Basin and as he represents C. R. Trust he stated that he would abstain from voting on his motion to amend and the main motion if his amendment was adopted. 9:45 P. M. Eric T. Clarke stated that the Planning Board were opposed to Mr. Lund's amendment. 9:46 P. M. Motion to amend, as offered by Mr. Lund, declared lost by voice vote. 9:46 P. M. Standing vote on main motion as follows: Precinct In Favor Tellers Opposed 1 14 Patricia K. Hagedorn 2 2 14 Michael J. O'Sullivan 4 3 16 Shirley A. Byrne 0 4 14 Josph O. Rooney 4 5 14 Arthur E. Burrell 3 6 17 John T. Harvell 0 7 16 Jacquelyn H. Ward 2 8 7 Mary E. Shunney 4 9 10 Stephen Michael Politi 2 At large 16 Howard L. Levingston 7 138 28 Main motion, as presented by Mr. Clarke, adopted. 9 :48 P. M. 425 Manfred P. Friedman moved for reconsideration of Article 51 which was declared lost by voice vote. 9:50 P. M. Article 85. Presented by Allan F. Kenney. MOTION: That the Town accept Section 53C of Chapter 44 of the General Laws. 9:50 P. M. (Ch. 44, Sec. 53C. DEPOSIT AND EXPENDITURE OF MONEYS RECEIVED FOR OFF-DUTY WORK DETAILS OF POLICE. In any city or town which accepts the provisions of this section, all moneys received by it in payment for off-duty work details of members of its police depart- ment shall be deposited in the treasury, shall be kept in a separate fund by the treasurer apart from any other of its money, funds or other property, and shall be expended without further appropriation at the direction of the chief of police or other officer having similar duties for the purpose of paying its police officers for such off-duty work details, notwithstanding the provisions of section fifty-three. ) Motion, as presented by Mr. Kenney, declared lost by voice vote. 9:57 P. M. Article 86. Presented by Paul J. MacKenzie. MOTION: To amend Article V Section 30 of the General By-Laws to read as follows: "The vote on any motion shall be taken by a "Yes" and "No" ballot with the use of the check list or by a poll of the meeting upon the order of one quarter of those members present and voting. " 9:58 P. M. John Deutch moved to amend: Commencing in 1974 , Town Meeting Members will be required to file with the Town Clerk within ten days of the end of Town Meeting, a statement of their vote on all Warrant Articles. This statement will be available for public scrutiny at the Office of the Town Clerk. 10 :08 P. M. The Moderator called a five minute recess. 10:10 P. M. The Moderator again called the meeting to order. 10:18 P. M. Article 86. The Moderator ruled that the amendment, as offered by (Cont. ) Mr. Deutch, is beyond the scope of the article. 10:20 P. M. Arthur E. Burrell presented the following amendment for Sam Silverman, Town Meeting Member from Precinct 5 who is absent: MOTION: To amend the main motion of Article 86 to read as follows: "The vote on any motion shall be taken by a "Yes" and "No" ballot and made a matter of public record by a poll of the meeting, or by such other method as is deemed most expeditious by the moderator upon the order of ten percent or twenty members, whichever is least, of those present and voting. " 10 :21 P. M. Mr. Burrell stated that he is opposed to this motion. 10 :25 P. M. 426 Article 86. Frank H. Totman, Jr. moved to recommit this article to (Cont. ) the committee that presented it. 10 :27 P. M. Mr. MacKenzie asked Mr. Totman to withdraw his motion in order that the committee can put in another motion. Mr. Totman stated that he would like to hear the motion first so Mr. MacKenzie read the following motion: To refer the question of revising Article V, Section 30 of the General By-laws to a committee consisting of 5 town meeting members and 2 other voters of the town, to be appointed by the Moderator. The committee shall consider criteria and methods for providing greater accountability and efficiency in the use of the recorded vote at Town Meeting and shall make a report to the next Annual Town Meeting. 10:30 P. M. Mr. Totman agreed to withdraw his motion and has the unanimous consent of the meeting. 10:30 P. M. Mr. Paul J. MacKenzie presented the following motion: To refer the question of revising Article V, Section 30 of the General By-laws to a committee consisting of 5 town meeting members and 2 other voters of the town, to be appointed by the Moderator. The committee shall consider criteria and methods for providing greater accountability and efficiency in the use of the recorded vote at Town Meeting and shall make a report to the next Annual Town Meeting. 10:31 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:34 P. M. Referral motion, as presented by Mr. MacKenzie, declared carried by voice vote. 10 :34 P. M. Article 89. Presented by John T. Harvell. MOVED: To vote to amend the Town of Lexington Zoning by-law by voting: (a) to change the land bounded and described in the Warrant Article 89 from RO - One-family dwelling district to RM - Multi-family (garden apartments) dwelling district by revising the Zoning Map and adopting a new Zoning District Map No. RM-5 showing such land as an RM Garden Apartment District and (b) to add a new paragraph No. 22.47 after subsection 22.46 of Section 22 reading as follows: 22.47 A district on the northeasterly side of Bedford Street and the southerly side of Winter Street as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts designated thereon 22 .47. 10 :36 P. M. Mr. Harvell asked for permission for Charles H. Spaulding and his associates from Spaulding & Slye to make their presentation. 10 :37 P. M. In the course of his presentation, Mr. Spaulding stated that a Restrictive Agreement on the Drummer Boy Land (prohibiting the construction of more than 150 dwelling units on such land) has been recorded at- the South Middlesex Registry of Deeds. 11:13 P. M. Eric T. Clarke presented the Report of the Planning Board. 11 :13 P. M. 427 Article 89. Iris G. Wheaton moved that this article be indefinitely (Cont. ) postponed. 11 :25 P. M. Alan G. Adams moved the previous question which was declared carried by voice vote. 11:33 P. M. Voice vote on motion to indefinitely postpone is doubted, so a standing vote taken as follows : Precinct In Favor Tellers Opposed 1 6 Patricia K. Hagedorn 10 2 8 Michael J. O'Sullivan 10 3 7 Shirley A. Byrne 9 4 4 Joseph O. Rooney 15 5 7 Arthur E. Burrell 8 6 13 John T. Harvel]. 4 7 17 Jacquelyn H. Ward 2 8 2 Mary E. Shunney 15 9 5 Stephen Michael Politi 8 At large 9 Howard L. Levingston 13 78 94 Indefinite postponement lost. 11 :36 P. M. Mr. Spaulding asked the opinion of the Town Counsel of the Restrictive Agreement. 11:38 P. M. Norman P. Cohen, Town Counsel, stated that he had not received or seen a copy of said agreement. 11 :38 P. M. Erik Lund stated that the Town Counsel should have time to check over the agreement, therefore he moved that the meeting adjourn to Wednesday, April 11, 1973 at 8 P. M. . 11 :40 P. M. Allan F. Kenney moved to amend the motion by sub- stituting the words "7 :30 P. M. " . 11:40 P. M. Mr. Kenney's motion to amend declared carried by voice vote. 11:40 P. M. Motion, as amended, that meeting adjourn to Wednesday, April 11, 1973 at 7 :30 P. M. declared carried by voice vote. 11 :40 P. M. Meeting is to be held in Cary Memorial Hall. A true copy. Attest: Mary R. McDonough, Town Clerk T28 ADJOURNED TOWN MEETING HELD APRIL 11, 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 7 :43 P. M. in the Cary Memorial Hall. There were 187 Town Meeting Members present. Invocation offered by Rev. Lyle Jacobson, Minister of Grace Chapel . 7:45 P. M. The Moderator stated that the meeting is now open on Article 89 . Article 89. (As presented by John T. Harvell at the April 9, 1973 (Cont. ) Adjourned Town Meeting: MOTION: To vote to amend the Town of Lexington Zoning by-law by voting: (a) to change the land bounded and described in the Warrant Article 89 from RO - One-family dwelling district to RM - Multi-family (garden apartments) dwelling district by revising the Zoning Map and adopting a new Zoning District Map No. RM-5 showing such land as an RM Garden Apartment District and (b) to add a new paragraph No. 22.47 after subsection 22.46 of Section 22 reading as follows: 22.47 A district on the northeasterly side of Bedford Street and the southerly side of Winter Street as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts designated thereon 22 .47 . ) James E. Cosgrove gave written notice that he would abstain from voting on Article 89. Charles H. Spaulding gave a specific review of pertinent points on this proposal and also gave additional material guaranteeing the Town that it would get what is proposed. ._. 7 :52 P. M. Manfred P. Friedman moved to suspend the rules for fifteen minutes to get information on the legality of the Restrictive Agreement and to ask questions. 7 :53 P. M. Voice vote on Mr. Friedman's motion to suspend the rules was doubted, so a standing vote taken as follows : Precinct In Favor Tellers Opposed 1 4 Patricia K. Hagedorn 11 2 6 Michael J. O'Sullivan 10 3 5 Shirley A. Byrne 9 4 9 Joseph O. Rooney 8 5 12 Arthur E. Burrell 3 6 12 Joan P. Crothers 3 7 17 Jacquelyn H. Ward 4 8 1 Mary E. Shunney 10 9 8 Stephen Michael Politi 5 At large 2 Howard L. Levingston 21 76 84 Motion to suspend the rules does not prevail. 7 :58 P.M. Manfred P. Friedman asks that Town Counsel give his opinion on the validity of the Restrictive Agreement. 7 :59 P. M. 429 Article 89. Norman P. Cohen, Town Counsel, stated that the (Cont. ) developer is attempting to limit the number of houses but that there are many difficult legal questions here. He feels that the developer has shown his good faith and assurance by making this Restrictive Agreement. 8 :02 P. M. Renee T. Cochin stated that there are 400 residents of the area that have registered their opposition to this project and she questioned what number the 75% represented (Winter Street residents, who live in the only homes abutting this property, favoring this project) . Mr. Spaulding said the figure was 9. 8 :04 P. M. Standing vote on main motion, as offered by Mr. Harvell, as follows: Precinct In Favor Tellers Opposed 1 12 Patricia K. Hagedorn 6 2 4 Michael J. O'Sullivan 11 3 4 Shirley A. Byrne 11 4 10 Joseph O. Rooney 7 5 6 Arthur E. Burrell 8 6 6 Joan P. Crothers 8 7 1 Jacquelyn H. Ward 18 8 8 Mary E. Shunney 8 9 9 Stephen Michael Politi 4 At large 12 Howard L. Levingston 11 72 92 Declared Lost. 8 :07 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, stated that he would now move for reconsider- ation of the money articles in order to change the means of financing. 8 :07 P. M. Edward E. Furash moved for reconsideration of ARticle 17 which was carried by voice vote. 8 :10 P. M. Article 17. Presented by Edward E. Furash. MOTION: I move that the motion be amended by striking the words "and that such amount be raised in the current tax levy" and in their place the following words be substituted, "and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $50,000.00 under G.L. c.44 , s.7 (1) . " 8 :10 P. M. Amendment, as offered by Mr. Furash, declared carried unanimously. 8 :13 P. M. J. Keith Butters offered the following Resolution: RESOLVED: While the Town Meeting desires to leave the treasurer flexibility to act in the best interests of the town in the light of existing conditions in the capital markets, it is the strong sense of the town r— meeting that, given the heavy pressure on the tax rate and the very strong fiscal position of the town, borrowing authorized by this session of the town meeting should be on a long-term basis. 8 :15 P. M. George S. Silverman stated that the Capital Expenditures Committee does not agree with the resolution. 8 :25 P. M. 430 Article 17. Allan F. Kenney stated that the Board of Selectmen are (Cont. ) opposed to the resolution although it is not binding. 8 :25 P. M. Town Treasurer, Louis A. Zehner, stated that he did not intend to borrow until after July 1 so that the first debt payment would not be due until after the 18 month fiscal year. He stated that he intended to make short term bond anticipation loans running for approximately one year. He opposed the resolution. 8 :28 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 8 :31 P. M. Resolution was declared lost by voice vote, which was doubted, so a standing vote taken as follows : Precinct In Favor Tellers Opposed 1 6 Patricia K. Hagedorn 10 2 9 Michael J. O'Sullivan 8 3 10 Shirley A. Byrne 6 4 8 Joseph O. Rooney 9 5 11 Arthur E. Burrell 3 6 9 Joan P. Crothers 9 7 15 Jacquelyn H. Ward 5 8 1 Mary E. Shunney 14 9 8 Stephen Michael Politi 7 At large 9 Howard L. Levingston 16 86 87 Resolution does not prevail. 8 :34 P. M. Main motion, as amended, now reads: MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926 , as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $50,000. 00 under G.L. c.44 , s.7 (1) . Main motion, as offered by Mr. Kenney and amended by Mr. Furash, declared carried Unanimously. 8 :36 P. M. Edward E. Furash moved for reconsideration of Article 20. Carried Unanimously 8 :35 P. M. Article 20. Presented by Edward E. Furash. MOTION: I move that the motion be amended by striking the words "and that such amount be raised in the current tax levy" and in their place the following words sub- stituted, "and that to raise this amount the treasurer with the approval of the selectmen be authorized to -- borrow $640,000.00 under G.L. c.44, s.7 (1) . " Carried Unanimously 8 :37 P. M. Main motion, as amended, now reads: MOTION: THAT THE Selectmen be and they hereby are authorized to install sewer mains in such 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 thereto and in amendment 4:31 Article 20. thereof, or otherwise, and to take by eminent domain, (Cont. ) purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appro--- priate for such installation and land acquisition the sum of $640,000.00 therefor and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $640,000.00 under G.L. c.44 , s.7 (1) . Main motion, as presented by Alfred S. Busa and amended by Mr. Furash, declared carried unanimously. 8 :37 P. M. LI Edward E. Furash moved for reconsideration of Article 21. Carried Unanimously 8 :37 P. M. Article 21. Presented by Edward E. Furash. MOTION: I move that themotion be amended by striking the words "and that such amount be raised in the current tax levy" and in their place the following words substituted, "and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $120,000.00 under G.L. c.44 , s.7 (1) ." Carried Unanimously 8 :38 P. M. Main motion, as presented by Alfred S. Busa and amended by Mr. Furash, now reads: MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Turning Mill Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897 , and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $120,000.00 therefor and that to raise this amount the treasurer with the approval of the Selectmen be authorized to borrow $120,000.00 under G.L. c.44 , s.7 (1) . Main motion, as amended, carried unanimously. 8 :38 P. M. Edward E. Furash moved for reconsideration of Article 22. Carried Unanimously 8 :38 P. M. Article 22. Presented by Edward E. Furash. MOTION: I move that the motion be amended by striking the words "and that such amount be raised in the current tax levy" and in their place the following words sub- stituted, "and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $35,000.00 under G.L. c.44, s.7 (1) . " Carried Unanimously 8 :39 P. M. Main motion, as amended, now reads: MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Wyman Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897 , and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise- acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $35 ,000.00 therefor and that to raise this amount the treasurer with the approval of the selectmen be authorized to borrow $35,000.00 under G.L. c.44 , s.7 (1) . Main motion, as presented by Mr. Busa and amended by Mr. Furash, declared carried unanimously. 8 :39 P. M. 432 Edward E. Furash moved for reconsideration of ARticle 23. Carried Unanimously 8 :39 P. M. Article 23. Presented by Edward E. Furash. MOTION: I move that the motion be amended by striking the words "and $60,000.00 be raised in the current tax levy" and in their place the following words sub- stituted," $20,000.00 be raised in the current tax levy and the treasurer with the approval of the selectmen be authorized to borrow $40,000.00 under G.L. c.44 , s.7 (1) . " Carried Unanimously 8 :40 P. M. Main motion, as amended, now reads: mamma MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Hayes Lane area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897 , and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $76 ,800.00 therefor; and to raise such amount $16,800.00 be trans- ferred from the unexpended balance of the amount appropriated under Article 21 of the warrant for the 1970 annual town meeting $20,000.00 be raised in the current tax levy and the treasurer with the approval of the selectmen be authorized to borrow $40,000.00 under G.L. c.44, s.7 (1) . Main motion, as presented by Alfred S. Busa, and amended by Mr. Furash, declared carried unanimously. 8 :40 P. M. Edward E. Furash moved for reconsideration of Article 24 part 1. Carried Unanimously 8 :42 P. M. mama Article 24 - Part 1. Presented by Edward E. Furash. MOTION: I move that the following substitute motion be adopted under Article 24 (Part 1) : That the sum of $80,000.00 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, consisting of a compactor, and that to raise such amount $45,000.00 be appropriated from available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) and $35,000.00 be raised in the current tax levy. 8 :42 P. M. Fredric S. Cohen moved to amend Article 24 part one by adding the words "except that the Town may not purchase a trash compactor until all other practical methods of compaction have been investigated to the satisfaction of the Citizens Committee on Solid Waste Management." 8 :56 P. M. Mr. Cohen, with the consent of the meeting, withdraws his motion to amend. 8 :58 P. M. mama. Earl F. Baldwin, Jr. moved the previous question which was declared carried by voice vote. 8 :58 P. M. Substitute motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: 433 Article 24 - Part 1. (Cont.) Precinct In Favor Tellers Opposed 1 6 Patricia K. Hagedorn 12 2 7 Michael J. O'Sullivan 10 3 4 Shirley A. Byrne 11 4 14 Joseph O. Rooney 3 5 11 Arthur E. Burrell 4 6 5 Joan P. Crothers 11 7 7 Jacquelyn H. Ward 12 8 8 Mary E. Shunney 6 9 8 Stephen Michael Politi 6 At large 23 Howard L. Levingston 1 93 76 Substitute motion, as presented by Mr. Furash, declared adopted. 9:05 P. M. Edward E. Furash moved to reconsider Article 55. 9 :06 P. M. Carried by voice vote. 9 :12 P. M. Article 55. Presented by Edward E. Furash. MOTION: I move that the motion be amended by striking the words "and that such amount be raised in the current tax levy" and in their place the following words sub- stituted "and that to raise such amount $5,000.00 be raised in the current tax levy and the treasurer with the approval of the selectmen be authorized to borrow $90,000.00 under G.L. c.44 , s.7 (3) . " Carried Unanimously 9 :12 P. M. Alfred P. Tropeano moved to further amend Article 55 : MOTION: That the Conservation Committee shall on or within 30 days after adoption of this article recommend - to the Board of Selectmen that the land be taken by eminent domain and that the Board of Selectmen shall on or within 30 days after receipt of said recommendation so take the land. 9:13 P. M. Mr. Tropeano stated that the purpose of his amendment is so that the land would not be hung up for a year or so thus preventing the Porter family from instigating court proceedings until that time. 9:13 P. M. Howard M. Kassler stated that the Conservation Commission would act in haste but Federal and State reimbursements take time, therefore he opposed Mr. Tropeano's motion. 9:14 P. M. Mr. Tropeano stated that, as he represented the Porter family, he would not vote on his amendment or the main motion. 9:19 P. M. Haskell W. Reed moved the previous question which was declared carried by voice vote. 9 :22 P. M. .__. Motion to amend, as offered by Mr. Tropeano, declared lost by voice vote. 9 :22 P. M. Main motion, as amended, now reads: 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 92A 434 Article 55. on Assessors' Property Map 54 , now or formerly of John (Cont.) W. Porter, and Lot 106 on Assessors ' Property Map 54 , now or formerly of Waymint Realty Trust; that the sum of $95,000.00 be appropriated for such land acquisition, and that to raise such amount $5,000.00 be raised in the current tax levy and the treasurer with the approval of the selectmen be authorized to borrow $90,000.00 under G.L. c.44, s.7 (3) . Voice vote on main motion, as amended, doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Patricia K. Hagedorn 4 2 17 Michael J. O'Sullivan 0 3 15 Shirley A. Byrne 0 4 18 Joseph 0. Rooney 0 5 12 Arthur E. Burrell 3 6 16 Joan P. Crothers 0 7 18 Jacquelyn H. Ward 2 8 11 Mary E. Shunney 9 9 14 Stephen Michael Politi 1 At large 23 Howard L. Levingston 1 155 20 Main motion, as presented by Howard M. Kassler, and amended by Mr. Furash, adopted. 9 :25 P. M. Edward E. Furash moved that Article 95 be taken up out of order. Carried by voice vote. 9:25 P. M. Article 95. Presented by Edward E. Furash. MOTION: That the sum of $800,000.00 be appropriated to reduce the tax rate for the current fiscal year, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously 9 :27 P. M. -- Article 90. Presented by Patricia K. Hagedorn. MOTION: I move that the Lexington Zoning Map be revised by adopting a new Zoning District Map, No. RM-5 showing land as RM, Garden Apartment Districts; that the Lexington Zoning Bylaw be amended by designating as an RM-Multi- family dwelling district a parcel of land bounded and described as follows: SOUTHWESTERLY BY Wood Street, 202.43 feet; NORTHWESTERLY by a stone wall running through Lot E as shown on Land Court Plan No. 6686B, about 375 feet; SOUTHWESTERLY by the remaining portion of said Lot E, about 590 feet; NORTHWESTERLY by Hartwell Avenue as laid out by taking by the Commonwealth of Massachusetts by Document No. 339983, about 664 feet; NORTHWESTERLY by land shown on said plan as of Ernest H. Holton, about 111 feet; NORTHEASTERLY by the same, about 246 feet; SOUTHEASTERLY by land shown on said plan as of Hugh J. Maguire, about 300 feet; EASTERLY by the same, about 113 feet; NORTHWESTERLY by the same, about 265 feet; NORTHEASTERLY by the same, about 175 feet; NORTHWESTERLY again by the same, by a line through the middle of a cartway as shown on said plan, about 665 feet; EASTERLY by the westerly sideline of the easement granted by Francis H. Maguire to Boston Edison Company by instrument dated May 3 , 1947 , registered as Document No. 212691, about 1,380 feet; 435 Article 90. SOUTHEASTERLY by Lot F as shown on said plan, about 400 feet; (Cont. ) SOUTHWESTERLY by the same, 458.73 feet; and SOUTHERLY by the same, 233.68 feet; that the Lexington Zoning Bylaw be further amended by adding in Section 22 at the end of subsection 22 .4 thereof a new paragraph reading as follows: 22.47 a district on the southeasterly side of Hartwell Avenue and the Northeasterly side of Wood Street as shown on the Zoning District Map No. RM-5 entitled "RM Garden Apartment Districts, " designated thereon _ 22.47 . 9 :32 P. M. Edward E. Furash questioned the prescence of a quorum as so many of the members had gone out into the corridor and he therefore moved for a five minute recess. 9:32 P. M. The Moderator again called the meeting to order at 9 :45 P. M. Patricia K. Hagedorn and James E. Cosgrove gave written notice that they would abstain from voting on Article 90. Mrs. Hagedorn stated that there would be 176 individually owned condiminiums and 92%, or five acres, would be open. There would be 7 .3 units per acre. 10 :03 P. M. Wayne Barber showed slides and movies and spoke of the traffic in the area. 10 :17 P. M. r Grant Ferguson of the Wood Street Neighborhood Association spoke from the balcony in opposition. 10:22 P. M. Lois W. Brown filed the Report of the Planning Board covering Article 90 and statedthat a majority of the board was in favor of this article. 10:27 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 10 :40 P. M. Alfred P. Tropeano stated, that as he represented the Cosgrove family he would abstain from voting on this article. 10:40 P. M. Voice vote on the main motion was not unanimous so a standing vote taken as follows : Precinct In Favor Tellers Opposed 1 14 Anita M. Bonasera 3 2 8 Michael J. O'Sullivan 10 3 3 Shirley A. Byrne 12 4 6 Joseph O. Rooney 11 5 4 Arthur E. Burrell 11 6 8 Joan P. Crothers 7 7 1 Jacquelyn H. Ward 19 8 6 Mary E. Shunney 13 9 3 Stephen Michael Politi 12 At large 5 Howard L. Levingston 18 58 116 Motion, as presented by Mrs. Hagedorn, lost. 10 :43 P. M. 436 Daniel E. Power moved that Article 92 be taken up out of order. Carried by voice vote. 10 :45 P. M. Article 92. Presented by Daniel E. Power. MOTION: That the Zoning By-Law be amended by changing (Article the zoning of the land bounded and described below from reconsid- RS - One family dwelling district to RH - Subsidized ered - Housing District, by revising the Zoning Map and by See adopting a new Zoning Map No. RH-i showing said land Page described below as RH - Subsidized Housing District: 442. ) A district on the Southerly side of Worthen Road bounded and described as follows: Beginning at the Northwesterly corner, said point being 71.17 feet more or less Northeasterly from a stone bound on the Southerly line of Worthen Road; thence running Northeasterly by Worthen Road 345.00 feet more or less to the Northeasterly corner; thence turning at right angles and running Southeasterly 222.49 feet more or less to a point; thence turning at right angles and running Southwesterly 125.72 feet more or less to a point; thence turning an interior angle of 233 degrees 11 minutes 5 seconds and running 82.50 feet more or less to a point, said course being 15 feet Northwesterly from and parallel to the Northwesterly end of the existing school building; thence turning at right angles and running Southeasterly 20.00 feet more or less to a point; thence turning at right angles and running Southwesterly 80.00 feet more or less to a point; thence turning at right angles and running Northwesterly 66.02 feet more or less to a point; thence turning an interior angle of 197 degrees 49 minutes 29 seconds and running 86.20 feet more or less to the Southwesterly corner, the seven last described courses being bounded by land now or formerly of the Roman Catholic Archbishop of Boston; thence turning at right angles and running 325.00 feet more or less by land now or formerly of the Lexington Home for Aged People to the point of beginning on said Worthen Road, said parcel containing 97,881 square feet more or less. 10:47 P. M. Msgr. John Kielty, Pastor of St. Brigid's Church, spoke of the need of such housing. 10 :53 P. M. James Burlage, architect, stated that there would be 16 housing units and showed slides and explained the project. He stated that a conservation easement would be given to the town. 11:02 P. M. Father Michael Groden spoke regarding the income limits, monthly payments, financing etc. 11:12 P. M. Selectman, Alfred S. Busa, spoke in opposition. 11:19 P. M. Lois W. Brown filed the Report of the Planning Board and stated that a majority of the Planning Board favored passage of this article. 11:23 P. M. Wiltrud R. Mott-Smith stated that the Follen Church Society endorsed this article. 11:26 P. M. Richard K. Eaton stated that Lexington Committee on Suburban Responsibility were in favor. 11:30 P. M. 437 Article 92. Richard H. Battin spoke for Gordon MacDonald of (Cont. ) the Grace Chapel and Renee T. Cochin spoke for the League of Women Voters - both favored the article. 11:52 P. M. James M. McLaughlin and Joseph O. Rooney and Mary E. Shunney, all parishoners of St. Brigid's, spoke in opposition. 12:01 A. M. Allan F. Kenney stated that a majority of the Board of Selectmen favored this article. William E. Maloney, Jr. moved the previous question which was declared carried by voice vote. [- 12 :02 A. M. William T. Spencer moved for a roll call vote which was declared lost by voice vote. 12 :05 A. M. Standing vote on main motion taken as follows: Precinct In Favor Tellers Opposed 1 8 Patricia K. Hagedorn 10 2 9 Michael J. O'Sullivan 8 3 13 Shirley A. Byrne 4 4 14 Joseph O. Rooney 4 5 6 Arthur E. Burrell 5 6 14 Joan P. Crothers 1 7 17 Jacquelyn H. Ward 2 8 6 Mary E. Shunney 14 9 11 Stephen Michael Politi 5 At large 16 Howard L. Levingston 8 114 61 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Power, does not -- prevail. 12:07 A. M. Louis E. Conrad serves notice of reconsideration of Article 92. 12 :07 A. M. Allan F. Kenney moved that the meeting be adjourned to Thursday, April 12, 1973 at 8 P. M. 12:08 A. M. William F. Spencer moved to amend the motion to adjourn to Friday, April 13, 1973 at 8 P. M. 12 :08 A. M. John Deutch moved the previous question which was declared carried by voice vote. 12 :10 A. M. Motion to amend, as presented by Mr. Spencer, declared lost by voice vote. 12 :10 A. M. Motion, as presented by Mr. Kenney, declared lost by voice vote which was doubted, so a standing vote was taken as follows : Precinct In Favor Tellers Opposed 1 12 Patricia K. Hagedorn 6 2 5 Michael J. O'Sullivan 11 3 4 Shirley A. Byrne 13 4 12 Joseph O. Rooney 6 5 3 Arthur E. Burrell 12 6 5 Joan P. Crothers 10 7 6 Jacquelyn H. Ward 11 8 9 Mary E. Shunney 6 9 6 Stephen Michael Politi 10 At large 6 Howard L. Levingston 19 68 104 Motion to adjourn is not adopted. 12 :13 A. M. 438 Elizabeth H. Clarke moved reconsideration on Article 87 . 12 :15 A. M. Martin Sussman moved the previous question which was declared carried by voice vote. 12:17 A. M. Motion to reconsider Article 87 declared lost by voice vote. 12:17 A. M. Francis W. K. Smith moved for reconsideration of Article 59. 12 :17 A. M. Haskell W. Reed moved the previous question which was declared carried by voice vote. 12 :21 A. M. Motion to reconsider Article 59 declared lost by voice vote. 12:21 A. M. Richard A. Michelson moved that meeting be adjourned to Thursday, April 12, 1973 at 8 P. M. in Cary Memorial Hall. 12 :21 A. M. Motion to adjourn to Thursday, April 12, 1973 at 8 P. M. in Cary Memorial Hall carried by voice vote. 12 :22 A. M. A true copy. Attest: -hietrNI - r! 7)44 Mary R. McDonough, Town Clerk 439 ADJOURNED TOWN MEETING HELD APRIL 12 , 1973 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :08 P. M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley of the Church of Our Redeemer. 8 :10 P. M. Article 91. Presented by Donald J. Shaw. MOTION: That the zoning By-Law be amended as follows: By changing the land as bounded and described in Article 91 of the Lexington Town Warrant of 1973 from RS - one family dwelling district to CS service and trade district and that the zoning map be revised to show said land as CS service and trade district. 8 :12 P. M. William Hartery, owner of the property, was recognized and gave his presentation of the article and discussed the Report of the Planning Board. 8 :27 P. M. Lois W. Brown filed the Report of the Planning Board and stated that the board unanimously recommends against this rezoning proposal. 8 :32 P. M. Motion declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Patricia K. Hagedorn 11 7- 2 0 Michael J. O'Sullivan 16 3 1 Shirley A. Byrne 16 L . 4 1 Joseph 0. Rooney 16 5 3 Arthur E. Burrell 12 6 1 John T. Harvell 15 7 0 Jacquelyn H. Ward 18 8 2 Mary E. Shunney 14 9 1 Stephen Michael Politi 12 At large 1 Arthur T. Bernier 12 14 142 Motion, as presented by Mr. Shaw, lost. 8 :34 P. M. Article 93. Presented by Frank H. Totman, Jr. (Approved MOTION: To amend the Zoning By-Law by Attorney A. By changing the land bounded and described as General, set forth in Article 93 of the Warrant for the 1973 Robert H. Annual Town Meeting from RO-One family dwelling district Quinn, to RM-Multi Family (garden apartment) dwelling district, . June 28, by revising the Zoning Map and by adopting a new Zoning 1973. ) District Map No. RM-5 showing land as RM Garden Apart- ment District. B. . By adding in Section 22 at the end of subsection 22.4 thereof a new paragraph reading as follows : 22.47 A district off Concord Avenue and northerly of said Concord Avenue as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47. 8 :36 P. M. 440 Article 93. William R. Whalon makes the presentation for Mr. Haroian. (Cont.) He stated that is last year's presentation only improved. There will be 86 units instead of 96; 20 for sale as condiminiums; 16 units are to be given to the Lexington Housing Authority for sale or for rental; the remaining units are for rental. 8 :58 P. M. Lois W. Brown filed the Report of the Planning Board and stated that the board unanimously favors passage of this article. 9:20 P. M. J. S. Nason Whitney moved the previous question which was declared lost by voice vote. 9:20 P. M. Joseph A. Campbell moved the previous question which was declared carried by voice vote. 9:39 P. M. Standing vote on main motion as follows: Precinct In Favor Tellers Opposed 1 18 Patricia K. Hagedorn 0 2 11 Michael J. O'Sullivan 5 3 7 Shirley A. Byrne 9 4 15 Joseph O. Rooney 1 5 10 Arthur E. Burrell 5 6 14 John T. Harvell 4 7 8 Jacquelyn H. Ward 11 8 18 Mary E. Shunney 1 9 11 Stephen Michael Politi 4 At large 20 Arthur T. Bernier 4 132 44 More than the required two-thirds having voted in favor, the motion, as offered by Mr. Totman, is adopted. 9:44 P. M. ._. Motion as adopted, reads as follows: MOTION: To amend the Zoning By-Law A. By changing the land bounded and described below from RO-One family dwelling district to RM-Multi Family (garden apartment) dwelling district, by revising the Zoning Map and by adopting a new Zoning District Map No. RM-5 showing land as RM Garden Apartment District: A district off Concord Avenue and northerly of said Concord Avenue, bounded and described as follows: Commencing at a point in the Northeasterly line of Concord Avenue at land of Foster, at the end of a face wall and one hundred fifty-eight and 73/100 (158.73) feet, Southeasterly from the County Commissioners stone bound; thence running North 30 degrees 34 ' 30" East, one hundred thirty-two and 15/100 (132.15) feet by said land of Foster to a drill hole in the base of a set wall; thence turning and running North, 43 degrees, 48 ' West, along said land of Foster, seventy-nine and 9/10 (79.9) feet to a drill hole) thence running North, 30 degrees, 6" West by said land of Foster thirty-one --• and 9/10 (31.9) feet to a drill hole at a corner; thence turning and running North, 37 degrees, 23 ' East, along land of said Foster seventy-three and 9/10 (73 .9) feet to a point; thence running North 17 degrees, 23 ' East, by said land of Foster seventeen and 2/10 (17.2) feet to another point; thence running North 43 degrees, 10' East along said land of Foster, three hundred ninety-six and 8/10 (396.8) feet to a point in the stone wall; thence continuing by said land of Foster North 42 degrees 9' East, one hundred seventy-seven and 3/10 441 Article 93. (177.3) feet to a corner in a stone wall at land of (Cont. ) Bedell; thence turning and running South 50 degrees, 20' , 30" East by land of Bedell, two hundred ninety- eight and 95/100 (298.95) feet to a cross wall; thence running South 56 degrees East, by said land of Bedell, two hundred sixty-four and 6/10 (264.6) feet to a corner; thence turning and running South, 40 degrees, 58 ' West by land of Condon, thirty-three and 5/10 (33 .5) feet to a cross wall; thence running South 58 degrees, 16 ' , 20" West by said land formerly of Condon and by land of Fuller, five hundred ninety and 9/10 (590.9) feet to a point in said wall; thence running South, 57 degrees, 28 ' , 30" West by land of Staples, one hundred [- five and 9/10 (105.9) feet to a point in said wall ; thence running South 55 degrees, 38 ' West, by land of said Staples, ninety-nine (99) feet to a bend in said wall; thence turning slightly and running South, 36 degrees, 40' West, by said land of Staples five and 8/10 (5.8) feet to Concord Avenue; thence turning and running North 61 degrees, 57 ' , 30" West, by said Concord Avenue, one hundred thirty-six and 10/100 (136.10) feet to a point in the North-Easterly line of said Concord Avenue; thence running North 63 degrees, 30 ' West by said Concord Avenue, seventy-four and 50/100 (74.50) feet to the point of beginning. The above land is shown on "Plan of Land in Lexington, owned by S. Louise Foster, May 1916" , Henry F. .Beale, C.E. , and recorded with Middlesex South District Registry of Deeds. Said land is also shown as Lot 32 on Assessors;:: Property Map #10 of the Town of Lexington and contains a land area of approximately 7.921 acres. The land belongs to Nishan Haroian and Elizabeth D. Haroian, husband and wife, as tenants by the entirety, both of Lexington, Massachusetts. LI B. By adding in Section 22 at the end of subsection 22.4 thereof a new paragraph reading as follows: 22.47 A district off Concord Avenue and northerly of said Concord Avenue as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47 . (Adopted. In Favor: 132 Opposed: 44 9:44 P. M.) Louis E. Conrad moved for reconsideration of Article 92. 9:44 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9 :56 P. M. Motion to reconsider Article 92 was declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 7 Patricia K. Hagedorn 11 2 9 Michael J. O'Sullivan 7 3 13 Shirley A. Byrne 4 4 9 Joseph O. Rooney 6 5 7 Arthur E. Burrell 6 6 14 John T. Harvell 2 7 14 Jacquelyn H. Ward 4 8 6 Mary E. Shunney 13 9 10 Stephen Michael Politi 6 At large 11 Arthur T. Bernier 8 100 67 Motion to reconsider ARticle 92 adopted. 9:58 P. M. 4142 Article 92. After general discussion, Erik Lund moved for a roll call (Cont. ) vote which was declared carried by voice vote. 10:07 P. M. Haskell W. Reed moved the previous question which was declared carried by voice vote. 10 :09 P. M. The roll call vote on Article 92 was taken by the Town Clerk, assisted by Assistant Town Clerk, Norma B. Jervis, starting at 10:21 P. M. and completed at 10:34 P. M. The._Moderator declared a recess so that the votes could be counted. 10 :34 P. M. The meeting was again called to order by the Moderator at 10:45 P. M. Results of the roll call vote: In Favor: 110 Opposed: 64 Abstained: 7 Absent 19 Total: 200 Less than the required two-thirds having voted in favor, the motion as offered by Daniel E. Power under Article 92 is not adopted. 10 :45 P. M. Article 94. Presented by Ephraim Weiss. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10 :47 P. M. Allan F. Kenney moved that the meeting be dissolved. Carried Unanimously. 10:47 P. M. A true record. Attest: 41A44, Bm-1,4 Mary R. McDonough, Town Clerk 443 Vernon C. Page, Town Meeting Member from Precinct Two, died on September 25, 1973 . Thomas G. Taylor, 64 Marrett Road, was next in line at the March 5, 1973 Annual Town Election but refused, at this time, to accept the position of Town Meeting Member front Precinct Two to fill the vacancy caused by Mr. Page' s death. Allan Green, 17 Moon Hill Road, next in line at the March 5 , 1973 Annual Town Election, accepted the position of Town Meeting Member from Precinct Two on October 17, 1973 -to fill the vacancy caused by the death of Mr. Page. Term expires in March 1974 . M. Chandler Crocker, II, 138 Reed Street, Town Meeting Member from Precinct Eight, died on July 1 , 1973 in a plane crash but his body was not found until October 1973. Paul G. Yewell, 6 Leeland Terrace, next in line at the March 5, 1973 Annual Town Election, accepted the position of Town Meeting Member from Precinct Eight on November 9, 1973 to fill the vacancy caused by the death of Mr. Crocker. Term expires in March 1974 . 7- 444 (WARRANT FOR. SPECIAL TOWN ELECTION - See Warrant Book) SPECIAL TOWN ELECTION —DECEMBER 3 , 1973 Vernon C. Page=, a member of the School Committee - -term expiring in March 1974 , died on September 25, 1973. In accordance with the Selectmen - Town Manager Act, a special election was called to fill the vacancy. In pursuance of the foregoing warrant., the legalvotersof the Town of Lexington met in their respective voting-places in said Town of Lexington on Monday, December. 3, .1973at -7:00 in the. forenoon. The following places were designated as: the voting places for the various' precincts: Precinct .One,. Harrington. School; Precinct Two, Bowman School; Precinct Three, Bridge.. School;_ Precinct Four, Senior High School; Precinct. Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct .S.even_, Estabrook School; Precinct Eight, Central Fire. Station; Precinct Nine., Maria Hastings School. The election officers and Wardens: of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J: Fradette Inspector Ida B. Fiske Anna N. Bushard Inspector L. Francis Murphy Precinct Three Precinct Four Marjorie Modoono Warden Edna F. Marshall Mildred M. Cronin Clerk Rose J. Grant Mary H. Coyle Inspector Mary G. Oliver Marie T. Walton Inspector Mary G. McCauley Carol A. Goldthwait Inspector Irene Norcross Precinct Five Precinct Six Randall W. Richards Warden Mary C. Casey Dolores M. Swan - -Clerk Caroline P. Johnston Edna D. Anderson Inspector Helen G. Garten Joan H. -McDonough Inspector Ruth M. Mitchell Winifred E. Ivester Inspector Gloria D. Colbert Precinct Seven Precinct Eight Mary F. Irwin Warden Helen L. Perry Ann M. Baum Clerk Margaret S. Wilson Dorothy A. Shine Inspector Henry P. Meade Anne C. Williamson Inspector Rita E. Kiley Elinor M. Vassallo Inspector Dorothea J. Russo Precinct Nine Elizabeth F. Downey Warden Sally S. Hooper Clerk Florence M. Downe Inspector Mary C. Joseph Inspector Harold W. Josephson Inspector The election officers were sworn to the faithful performance of their duties. The polls weredeclared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, - after due notice, they-were- declared closed. 1 445 The total number of registered .voters_ in_ each precinct eligible to vote as .of November 13, 1973 as follows: Precinct ilidependents Republicans Democrats - Totals One 703 384 897 1,984 Two 699 441 966 2,106 Three 705 315 717 1,737 Four 774 639 890 2 ,303 Five 830 - 398 816 2,044 Six 661 653 791 2,105 Seven 651 534 847 2,032 Eight 710 499 678 1,887 — Nine 857 478 800 2,135 1 Totals 6,590 4,341 7 ,402 18,333 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8 :20 P. M. Precinct Two 8 :25 P. M. Precinct. Three 8 :27 P. M. Precinct Four 8 :25 P. M. Precinct Five 8 :06 P. M. Precinct Six 8 :40 P. M. Precinct Seven 8 :35 P. M. Precinct Eight 8 :45 P. M. Precinct Nine 8 :29 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 223 voters cast their vote Precinct Two 368 voters cast their vote Precinct Three 202 voters cast their vote Precinct Four 409 voters cast their vote Precinct Five ri 233 voters cast their vote Precinct Six 445 voters cast their vote Precinct Seven 323 voters cast their vote Precinct Eight 302 voters, cast their vote Precinct Nine 307 voters cast their vote Total 2,812_voters:cast their vote 15% of the 18,333 registered voters cast their vote. Pr.1 Pr.2. Pr,3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SCHOOL COMMITTEE Herbert R. Adams 62 156 85 132 80 127 132 61 80 915 Paul F. Masoner 19 33 12 41 18 63 45 33 35 299 George P. Wadsworth 141 179 105 230 135 255 146 204 190 1 ,585 Blanks 1 0 0 6 0 0 0 4 2 13 Totals 223 368 202 409 233 445 323 302 307 2,812 .—. George P. Wadsworth was elected to the School Committee to fill an unexpired term ending March 1974. -._ A true copy. Attest: ''i r w 4 4 I-11 Mary R. McDonough, Town Clerk 446 Erik L. Mollo-Christensen resigned as a Town Meeting Member from Precinct Three (10 Barberry Road) effective as of January 18 , 1974 . It would now be in order to fill this vacancy by the person who received the highest number of votes as a defeated candidate for the office of town meeting member in Precinct Three at the March 5, 1973 Annual Town Election. A tie exists in this next position between John P. Carroll, 31 Allen Street and William J. Manning, 20 Spring Street, both having received 219 votes. In order to break this tie to fill said vacancy, in accordance with our Representative Town Meeting Act, it would be necessary for the Town Clerk to call a special I__ meeting of the town meeting members from Precinct Three for the purpose of so filling the vacancy from those having the tie votes and shall cause to be mailed to every such town meeting member, not less than seven days before the time set for the meeting, a notice specifying the object, time and place of the meeting. Monday, January 21, 1974, is the final date for incumbent town meeting members to file for candidacy for the 1974 Annual Town Election. After discussion with Norman P. Cohen, Town Counsel and Lilah H. Groisser, Chairman, Precinct Three Town Meeting Members, it was decided, that as there would not be any town meetings prior to the 1974 town election and that the member filling the vacancy would not be able to run as an imcumbent town meeting member in March 1974, that this vacancy would not be filled at this time. 41/W, 0 Mary R. McDonough, Town Clerk 1 447 (WARRANT FOR ANNUAL TOWN ELECTION AND TOWN MEETING - SEE WARRANT BOOK) ANNUAL TOWN ELECTION MARCH 4, 1974 In pursuance of the foregoing warrant the legal voters of the Town of Lex- ington met in their respective voting places in said Town of Lexington on Monday, March 4, 1974 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Eileen J. Fradette Inspector Ida B. Fisk Mary V. Spencer Inspector L. Francis Murphy Precinct Three Precinct Four Marjorie Modoono Warden Edna F. Marshall Mildred M. Cronin Clerk Helen C. Rooney Mary H. Coyle Inspector Dorothea J. Russo Marie T. Walton Inspector Mary G. McCauley .® Carol A. Goldthwait Inspector Maude A. O'Neill Precinct Five Precinct Six Dolores M. Swan Warden Mary C. Casey Joan H. McDonough Clerk Caroline P. Johnston Edna D. Anderson Inspector Helen G. Garten Winifred E. Ivester Inspector Ruth M. Mitchell Anne C. Williamson Inspector Gloria D. Colbert Precinct Seven Precinct Eight Mary F. Irwin Warden Joseph O. Rooney Ann M. Baum Clerk Helen L. Perry Dorothy A. Shine Inspector Margaret S. Wilson Irene Norcross Inspector Henry P. Meade Elinor M. Vassallo Inspector Rita E. Kiley Precinct Nine Mary J. Ferry Warden Elizabeth F. Downey Clerk Sally S. Hooper Inspector Florence M. Downe Inspector Harold W. Josephson Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. 448 The total number of registered voters in each precinct eligible to vote as of February 12, 1974 as follows: Precinct Independents Republicans Democrats Totals One 741 384 897 2,022 Two 721 436 975 2,132 Three 733 316 720 1,769 Four 792 638 890 2,320 Five 855 396 817 2,068 Six 689 646 799 2,134 Seven 678 528 850 2,056 Eight 725 498 680 1,903 Nine 875 483 792 2,150 Totals 6,809 4,325 7,420 18,554 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:30 P. M. Precinct Two 9:15 P. M. Precinct Three 8:35 P. M. Precinct Four 8:48 P. M. Precinct Five 8:30 P. M. Precinct Six 9 P. M. Precinct Seven 9:10 P. M. Precinct Eight 8:25 P. M. Precinct Nine 8:45 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 872 voters cast their vote Precinct Two 897 voters cast their vote Precinct Three 785 voters cast their vote Precinct Four 1,001 voters cast their vote Precinct Five 870 voters cast their vote Precinct Six 1,047 voters cast their vote Precinct Seven 888 voters cast their vote �... Precinct Eight 836 voters cast their vote Precinct Nine 880 voters cast their vote Total 8,076 voters cast their vote 43.5% of the 18,554 registered voters cast their vote. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals SELECTMEN Alfred S. Busa 524 450 415 527 444 526 439 502 499 4,326 Margery M. Battin 398 515 463 599 519 665 610 468 485 4,722 Howard M. Kassler 464 476 406 529 499 606 480 360 453 4,273 Blanks 358 353 286 347 278 297 247 342 323 2,831 Totals 1,744 1,794 1,570 2,002 1,740 2,094 1,776 1,672 1,760 16,152 Alfred S. Busa and Margery M. Battin were elected to the Board of Selectmen for three year terms ending in March 1977. SCHOOL COMMITTEE George P. Wadsworth 494 502 442 657 499 652 528 577 586 4,937 Howard L. Levingston 364 329 267 379 350 436 374 323 339 3,161 Robert I. Rotberg 338 423 405 496 434 494 441 318 402 3,751 Blanks 548 540 456 470 457 512 433 454 433 4,303 Totals 1,744 1,794 1,570 2,002 1,740 2,094 1,776 1,672 1,760 16,152 George P. Wadsworth and Robert I. Rotberg were elected to the School Committee for three year terms ending in March 1977. 449 Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals PLANNING BOARD Paul J. MacKenzie 392 466 348 471 425 509 438 335 379 3,763 Alfred A. Murray 134 60 58 55 47 54 54 53 59 574 George E. Rowe, Jr. 270 306 280 388 297 380 290 348 343 2,902 Blanks 76 65 99 87 101 104 106 100 99 837 Totals 872 897 785 1,001 870 1,047 888 836 880 8,076 Paul J. MacKenzie was elected as a member of the Planning Board for a term of five years ending March 1979. MODERATOR Lincoln P. Cole, Jr. 659 625 586 752 668 826 672 652 686 6,126 Blanks 213 272 199 249 202 221 216 184 194 1,950 Totals 872 897 785 1,001 870 1,047 888 836 880 8,076 Lincoln P. Cole, Jr. was elected Moderator for a term of one year ending March 1975. LEXINGTON HOUSING AUTHORITY G. Richard Beamon 502 466 429 614 501 643 521 565 517 4,758 Blanks 370 431 356 387 369 404 367 271 363 3,318 Totals 872 897 785 1,001 870 1,047 888 836 880 8,076 G. Richard Beamon was elected as a member of the Lexington Housing Authority for the term of five years ending March 1979. LEXINGTON HOUSING AUTHORITY William Spencer Sullivan 503 476 412 572 497 582 498 446 529 4,515 Blanks 369 421 373 429 373 465 390 390 351 3,561 Totals 872 897 785 1,001 870 1,047 888 836 880 8,076 William Spencer Sullivan was elected as a member of the Lexington Housing Authority for the term of one year ending March 1975. TOWN MEETING MEMBERS - PRECINCT ONE *Vito M. Bellino 363 *Sheila M. Busa 371 *Ralph A. Cataldo 389 Melvyn P. Galin 243 William R. Cataldo 342 *Alfred A. Murray ** 381 *Bernice Manning 405 William J. ONeil 309 *Albert P. Zabin 372 Dino Romano 259 *Herbert R. Adams 347 Blanks 1,989 Robert J. Burns 334 *Elected for three years. **Alfred A. Murray did not file paper to run as an incumbent by filing deadline on January 21, 1974, therefore, he had to submit nomination papers and run as a new member. TOWN MEETING MEMBERS - PRECINCT TWO *Francis G. Fuery 422 *Judith J. Totman 388 *Allan Green 390 **Rena W. Abelmann 382 John R. Holt 249 Anthony C. Busa 376 Eric B. Kula 359 *Joseph C. Steinkrauss 399 *Lillian T. MacArthur 415 David W. Stumpp 330 *Roy J. Murphy 409 *William S. Widnall 418 ***Frank H. Totman, Jr. 378 Blanks 3,158 *Elected for three years. **Elected for two years. ***Elected for one year. 450 TOWN MEETING MEMBERS - PRECINCT THREE *Joseph A. Campbell 312 Benjamin J. Cohen 285 Frederic D. Corazzini 265 Nishan Haroian 243 Thomas F. Costello 266 *Daniel L. McCabe 314 *Erna S. Greene 350 *Marian C. Reilly 402 *Marie E. Roberts 342 *Natalie H. Riffin 414 *Robert I. Rotberg 367 Blanks 2,432 **John P. Carroll 288 *Elected for three years. **Elected for, two years. TOWN MEETING MEMBERS - PRECINCT FOUR *John .Deutch 360 Raymond T. Fitzsimmons 327 *Nancy F. Earsy 366 Lawrence R. Glynn 144 Edwin H. Farr 281 Peter C. J. Kelley 217 *Angela E. Frick 416 Paul J. Nicholson 351 *Joyce Hals 364 John S. Pfeil, Jr. 118 *Alfred P. Tropeano 369 William A. Sommers 284 *Judith J. Uhrig 384 Ruth S. Thomas 201 Helen M. Walker 335 *George P. Wadsworth 468 Frederick J. Conroy 274 Blanks 1,748 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT FIVE *Donald H. Briggs, Jr. 365 *William M. Fraser 494 *George F. McCormack 388 Leon D. Michelove 304 **John F. Quinlan 330 *Judith K. Patkin 435 *Martin V. Sussman 338 Lloyd D. Taylor 313 *Stillman P. Williams 360 *David G. Williams 368 Wallace Cupp 327 Blanks 2,636 Daniel F. Driscoll 302 *Elected for three years. — **Elected for two years. TOWN MEETING MEMBERS - PRECINCT SIX *Susan S. Beck 640 *Donald B. White 513 *J. Keith Butters 575 J. S. Nason Whitney 408 *Joan P. Crothers 527 John F. Downey, Jr. 418 *Mimi B. Dohan 458 Barry R. Perlis 342 *Spencer Lavan 487 Frank B. Stille 365 *Joyce A. Miller 520 Blanks 2,076 *Elected for three years. TOWN MEETING MEMBERS - PRECINCT SEVEN *Winifred L. L. Friedman 426 James H. Graham 304 *Barbara E. Kramer 450 Kingston L. Howard 365 *Mary W. Miley 521 Henry Price 267 *Myron L. Miller 454 Rosalyn Sovie 149 *Graydon M. Wheaton 471 *John E. Ward 417 , *John R. Campbell 497 Blanks 1,795 *Elected for three years. 451 TOWN MEETING MEMBERS - PRECINCT EIGHT *G. Richard Beamon 387 *Paul G. Yewell 316 **Roy Edward Cook 308 *John E. Carlson 371 David A. Lavender 298 James E. Hart, Jr. 250 *James M. McLaughlin 373 Thaddeus W. Lewis 177 *Temple E. Scanlon 332 Albert S. Richardson, Jr. 303 *Francis W. K. Smith 374 *Shirley H. Stolz 454 Stanley E. Toye 250 Blanks 2,495 *Elected for three years. -'® **Elected for one year. TOWN MEETING MEMBERS - PRECINCT NINE *Ronald W. Colwell 461 John F. Lahiff 162 *Louis E. Conrad 444 *Frederick V. McMenimen, Jr. 340 Joseph J. Downey 278 Burt E. Nichols 275 Ralph H. Hall 252 William Spencer Sullivan 254 *Daniel E. Power 337 Robert J. Tiberii 157 Paul Collinsh Jr. 262 *Roy Weinstein 336 *Rose Mary Ellersick 371 Blanks 1,774 *Alice M. Hinkle 457 *Elected for three years. A true copy. Attest: j /P\ r494m444.4,14 Mary R. McDonough, Town Clerk Having been elected to the Board of Selectmen on March 4, 1974, Margery M. Battin resigned as a Town Meeting Member from Precinct Eight. Said resignation was filed in the office of the Town Clerk on March 11, 1974. Albert S. Richardson, Jr., 3 Wingate Road, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct Eight at the March 4, 1974 election, accepted a position as Town Meeting Member from Precinct Eight to fill the vacancy caused by Mrs. Battin's resignation. Term expires in March 1975. 452 ANNUAL TOWN MEETING - APRIL 1, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:04 P. M. in Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church or Our Redeemer. 8:06 P. M. The following resolution was read by the Moderator: WHEREAS, the Town of Lexington is the Birthplace of American Liberty and is proud of its heritage and of its concerned citizens who are dedicated to govern- mental interests and service to humanity; And WHEREAS, the Crocker Family were concerned citizens of Lexington who •••••••00 were indeed active in governmental service, religious activities, and service organizations; And WHEREAS, The Crocker Family were unable to continue their roles of active service to the community by their untimely demise in an airplane mishap on July 1, 1973. NOW THEREFORE, BE IT RESOLVED that the 1974 Annual Town Meeting of the Town of Lexington honor the Crocker Family's contribution to society by this Resolution and by a permanent family record to be kept in the Cary Memorial Library for future generations, in addition to the tree which will be planted on Buckman Tavern grounds in their memory through the efforts of neighborhood children. Millerd Chandler Crocker II, Town Meeting Member from Precinct 8, ; his wife, Bernice A. Crocker, and their three children, Millerd Chandler Crocker III, Matthew Crocker, and Scott Crocker. The Moderator declared the resolution carried unanimously. 8:08 P. M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further reading was waived. 8:10 P. M. The Constable's Return of the Warrant was read by the Town Clerk. 8:10 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Richard M. Perry moved that the report of the Data Processing Study Committee be accepted and placed on file and the Committee discharged. Carried Unanimously 8:11 P. M. Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. , Carried Unanimously 8:12 P. M. Article 4. Presented by Allan F. Kenney. 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. 8:12 P. M. The Moderator read the line items as follows: 453 Article 4. Selectmen's Department (Cont.) #1000 Personal Services $ 43,123.00 A. Lee Whitman, Jr. moved to amend line item #1000 by striking the figure of $43,123.00 and substituting therefor the figure $35,923.00. 8:13 P. M. The Board of Selectmen and the Appropriation Committee both spoke in opposition to the amendment. Mr. Whitman's amendment declared lost by voice vote. 8:22 P. M. 1050 Expenses 9,500.00 8:22 P. M. Town Manager's Office 1060 Personal Services 56,000.00 1065 Expenses 1,400.00 Ephraim Weiss moved to amend Article 4 by changing the amount in Account No. 1065 to $2,400.00. 8:23 P. M. Mr. Weiss explained that the increase in the budget was to be used to publish a booklet containing general, zoning, building by-laws, Chapter 90 information etc. for the Town Meeting Members. Mr. Kenney stated that the cost would be closer to $3,000.00 to publish such a booklet and suggested that the Town Meeting Members Association study this project and present a proposal to the Board of Selectmen. The booklet would be paid for by the town, not the Town Meeting Members Association. 8:28 P. M. Mr. Weiss's motion to amend declared lost by voice vote. 8:31 P. M. Town Manager's Jurisdiction 1075 Clerical Pool - P. S. 30,383.00 1080 Office Furniture and Fixtures 3,500.00 1090 Professional Services 18,000.00 1125 Fire and Police Medical 3,700.00 1130 Director of Guides - P. S. 1,000.00 1135 Out-of-State Travel 4,000.00 1140 Training and Travel - OUt-of-State 2,775.00 1141 Tuition and Training Fees 10,050.00 1142 In-State Travel 6,250.00 8:33 P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services 12,000.00 1148 Safety Program Expenses 500.00 8:33 P. M. Town Clerk's Department 1150 Personal Services 41,164.00 1200 Expenses 1,135.00 1250 Vital Statistics 650.00 8:33 P. M. Personnel Department 1300 Personal Services 20,000.00 1350 Expenses 100.00 8:33 P. M. 54 Article 4. Trustees of Public Trusts (Cont.) #1450 Expenses $ 640.00 8:34 P. M. Board of Appeals 1500 Personal Services 7,831.00 1550 Expenses 1,750.00 8:35 P. M. Planning Board 1600 Personal Servicesj 42,893.00 J Edward E. Furash moved that the sum of $35,893.00 be substituted for the sum of $42,893.00 in Account #1600, Planning Board Personal Services. 8:36 P. M. The difference in the amounts was to be used for an employee who would help the Conservation Commission. Mrs. Angela Frick, Chairman of the Conservation Commission, said that the workload of the commission has tripled and could not be handled properly without extra help. Both the Board of Selectmen and the Planning Board opposed the amendment. Motion to amend, as offered by by Mr. Furash, declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 5 2 7 Francis G. Fuery 12 3 4 Joseph A. Campbell 12 4 7 Judith J. Uhrig 10 5 6 George F. McCormack 13 6 2 John T. Harvell 14 7 2 John R. Campbell 17 8 12 Mary E. Shunney 5 9 9 Jane P. Buckley 9 At Large 14 Howard L. Levingston 13 '-' Totals 71 110 Motion to amend account #1600, as offered by Mr. Furash, not adopted. 9:01 P. M. 1650 Expenses 2,960.00 9:01 P. M. Insurance 1700 Group 216,000.00 1750 Municipal Property and Workmen's Comp. 188,720.00 9:01 P. M. Printing Town Report 1760 Expenses 7,000.00 9:01 P. M. After a question by Albert S. Richardson, Jr. regarding the percentage of increase in the overall budget, the Moderator called a three minute recess at 9:08 P. M. The meeting was again called to order by the Moderator at 9:12 P. M. Law Department 1775 Fees 34,250.00 1800 Expenses 7,500.00 9:26 P. M. 455 Article 4. Elections (Cont.) #1900 Selectmen Jurisdiction $ 18,160.00 1950 Town Clerk Jurisdiction 14,800.00 9:26 P. M. Board of Registrars 2000 Personal Services 6,350.00 2050 Expenses 6,775.00 9:27 P. M. Appropriation Committee 2250 Expenses 3,735.00 9:27 P. M. Capital Expenditures Committee 2300 Expenses 150.00 9:27 P. M. Permanent Building Committee 2360 Expenses 150.00 9:27 P. M. Town Celebrations Committee 2400 Expenses 500.00 9:27 P. M. Historic Districts Commission 2450 Expenses 1,600.00 9:27 P. M. Conservation Commission 2460 Expenses 3,580.00 9:27 P. M. Recreation Committee 2470 Personal Services 72,265.00 2480 Expenses 17,000.00 9:27 P. M. Treasurer's and Collector's Department 2500 Personal Services 51,025.00 2525 Expenses 8,270.00 2575 Foreclosure and Redemption 450.00 9:27 P. M. Comptroller's Department 2800 Personal Services 77,972.00 2850 Expenses 3,250.00 2860 Revenue Sharing - Administrative Exp. 500.00* *To which the sum of $500.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 9:28 P. M. Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 5,850.00 2930 Office Machines - Maint. and Repair 6,500.00 2935 Office Services - Copier and Supplies 6,700.00 2940 Metered Mail 16,225.00 9:32 P. M. 456 Article 4. Assessors' Department (Cont.) #2950 Personal Services $ 46,886.00 3000 Expenses 7,300.00 9:33 P. M. ** Health Department (SEE BELOW FOR AMENDED BUDGET) 3250 Personal Services 33,007.00 3300 Expenses 41,165.00 Frank H. Totman, Jr. moved to amend Article 4 by striking the sum of $41,165 from account 3300 and substituting the sum of $41,683. 9:35 P. M. Mr. Totman stated that the increase in this budget is for the use of the Lexington Visiting Nurses Association for direct services for the elderly. He also stated that he, and other town meeting members who were on the board of the Lexington Visiting Nurses Association, had no financial interest in this amendment. 9:40 P. M. Joseph 0. Rooney moved the previous question, which was declared carried by voice vote. 9:43 P. M. Mr. Totman's amendment declared carried by voice vote. 9:43 P. M. Weiss Ephraim/moved to reduce Account No. 3300 by $28,200, and to establish a new Account No. 3350, called " Mystic Valley Mental Health Center," and to appropriate $28,200 under Account No. 3350. 9:45 P. M. Edward E. Furash moved the previous question, which was declared carried by voice vote. 9:53 P. M. Mr. Weiss's motion to amend declared carried by voice vote. 9:53 P. M. 3450 Rabies Clinic 1,515.00 9:53 P. M. ** Health Department Budget, as amended, now reads: 3250 Personal Services 33,007.00 3300 Expenses 13,483.00 3350 Mystic Valley Mental Health Center 28,200.00 3450 Rabies Clinic 1,515.00 Health Jurisdiction - Dog Officer 3500 Personal Services 11,336.00 3550 Expenses 2,595.00 9:53 P. M. Police Department 3750 Personal Services 861,909.00* *Of which $10,000.00 is to be transferred from the Parking Meter Fund. 11 3800 Expenses 97,000.00 3900 Parking Meter Maintenance 3,000.00* If *Of which $3,000.00 is to be transferred from the Parking Meter Fund. 9:56 P. M. 4157 Article 4. Fire Department (Cont.) #4100 Personal Services (**Amended below) $ 808,655.00* Edward E. Furash moved under account #4100 to delete the sum of $808,655.00 and substitute therefor the sum of $798,655.00. 9:57 P. M. Selectman, Fred C. Bailey, spoke of the need of the extra man on the Fire Department - more for fire prevention than fire fighting. He stated that the Board of Selectmen were in favor of the original motion and opposed to the amendment. ("^ 10:03 P. M. L ' Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 10:11 P. M. Motion to amend account #4100, as offered by Mr. Furash, declared carried by voice vote. 10:11 P. M. Item #4100, as amended, now reads: 4100 Personal Services (**As amended) 798,655.00* 4150 Expenses 48,072.00 4200 Ambulance Maintenance 1,500.00 4250 Forest Fires 100.00 *To which the sum of $375,000.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 10:11 P. M. Local Disaster Services 4300 Personal Services 1,500.00 4350 Expenses 900.00 4360 Auxiliary Fire Expense 300.00 ...� 10:11 P. M. Inspection Department 4450 Personal Services 47,307.00 4500 Expenses 1,310.00 10:12 P. M. Public Works Department 4900 Personal Services 956,934.00* *Of which $14,000 is to be transferred from the Westview Perpetual Care Fund, and $7,000.00 is to be transferred from the Westview Sale of Lots Fund. 10:18 P. M. Director of Public Works Office 4950 Personal Services 128,730.00 5000 Expenses 5,150.00 10:18 P. M. Engineering Department 5100 Personal Services 181,536.00 5150 Expenses 4,000.00 10:18 P. M. Town Buildings Maintenance 5200 Personal Services 44,816.00 5250 Expenses 108,000.00 10:18 P. M. 458 Article 4. Highway Maintenance (Cont.) #5400 Expenses $ 88,000.00* *Of which $4,400.00 is to be transferred from the Parking Meter Fund. 10:19 P. M. Road Machinery 5450 Expenses 101,000.00 10:19 P. M. Snow Removal 5500 Expenses 105,000.00* *Of which $3,000.00 is to be transferred from the Parking Meter Fund. 10:19 P. M. Traffic Regulations and Street Signs 5550 Expenses 11,500.00 10:19 P. M. Street Lights 5600 Expenses 135,000.00 10:19 P. M. Sewer Maintenance and Services 5700 Expenses 36,450.00 10:20 P. M. Garbage Collection 5800 Contract 82,000.00 10:20 P. M. Sanitary Land Fill 5850 Expenses 60,000.00 10:20 P. M. Water Maintenance and Services 5900 Expenses 37,675.00 10:22 P. M. Park 6000 Expenses 55,000.00 10:22 P. M. Insect Suppression 6050 Expenses 1,350.00 10:22 P. M. Shade Tree —. 6100 Expenses 8,300.00 10:22 P. M. Dutch Elm Disease 6150 Expenses 3,200.00 10:23 P. M. Cemeteries 6400 Expenses 3,150.00* *Of which $1,000.00 is to be transferred from the Westview Sale of Lots Fund. 10:23 P. M. 459 Article 4. Veterans' Benefits (Cont.) #7100 Personal Services $ 7,480.00 7150 Administration 150.00 7200 Aid and Expenses 60,660.00 10:23 P. M. Grave Registrations 7250 Expenses 400.00 10:23 P. M. �^^ Soldiers' Burials L _' 7300 Expenses 250.00 10:23 P. M. Cary Memorial Library 7500 Personal Services 300,349.00* 7550 Expenses 92,000.00** *$11,957.25 is also available as State Aid to Libraries. **To which will be added $6,033.27 received from the County Dog License Fees. 10:24 P. M. Board of Retirement 7800 Contributory Pension Fund 274,175.00 7825 Non-Contributory Pension Fund 130,000.00 7850 Expenses 2,525.00 10:25 P. M. Public Schools 7920 Public School - Education 13,164,211.00* *Of which $12,300.00 is for out-of-state travel. To which $300,000.00 unexpended in the 1973-74 School Personal Services Budget, $100,000.00 unexpended in the 1973-74 School Expense Budget, and $279,625.00 in available and anticipated P.L. 864, P.L. 874, ESEA 89-10 and State METCO funds is to be applied, and the balance is raised and appropriated under this article. Howard M. Kassler said that he would refrain from voting on any amendment having to do directly with the Public Schools Budget but he would vote on Article 4 as a whole. 10:34 P. M. Appropriation Committee member, Donald B. White, who was the liason with the School Committee, said that his committee supported the Public Schools budget as presented. 11:11 P. M. Richard A. Michelson moved to recommit the Public Schools budget to the School Committee but his motion was declared lost by voice vote. 11:18 P. M. Albert S. Richardson, Jr. moved to postpone further discussion of Article 4 to a time certain which would be the first order of business at the next session of town meeting but his motion was declared lost by voice vote. 11:34 P. M. G0 Article 4. Regional Voc. Tech. High School (Cont.) #8100 Operating Budget $ 239,534.00 8200 Capital Budget 131,802.00 11:40 P. M. Debt Payment 8500 Interest on Debt 349,761.00 8525 Interest on Loans - Tax & Bond Antic. 125,000.00 8550 Maturing Debt 1,571,000.00 11:40 P. M. Main motion, as presented by Allan F. Kenney, as amended, declared carried by voice vote. 11:40 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 3, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 11:41 P. M. A true copy. Attest: 7)/(4"1" - Mary R. McDonough, Town Clerk Kenneth M. Cox, 36 North Street, resigned as a Town Meeting Member from Precinct 6 on April 3, 1974. John F. Downey, Jr. , 24 Hancock Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 6 at the March 4, 1974 election, accepted a position as Town Meeting Member from Precinct 6 to fill the vacancy caused by Mr. Cox's resignation. Term expires in March 1975. 461 ADJOURNED TOWN MEETING - APRIL 3, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:53 P. M. in the Cary Memorial Hall. There were 184 Town Meeting Members present. The invocation was offered by Monsignor John P. Keilty, Pastor of St. Brigid's Church. 7:55 P. M. Jane E. Berchtold, Chairman of the School Committee, read the following: "I want the Town Meeting to think tonight about Vernon Page and how his fine character and engaging personality has touched each of us whether we knew him for fifty years, or five years or even briefly. His deep devotion to his family and friends, his business associates, and to the community in so many capacities remains unparalled. His selflessness was evident in his reply to the often asked question 'Why are you running for School Committee?' He would say 'The town has given so much to me and my family, I want to repay it if I can. ' He did that and much more." 7:56 P. M. The Moderator then asked that the meeting observe a moment of silence in memory of Mr. Page. 7:56 P. M. Article 2. Stephen Michael Politi moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously 7:57 P. M. Article 5. Presented by Allan F. Kenney. MOTION: That the Town Treasurer,, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1974, 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 by voice vote. 7:57 P. M. Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 7:58 P. M. Frank Sandy serves notice of reconsideration of Article 6. 7:59 P. M. Article 7. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 7:58 P. M. Article 8. Presented by Edward E. Furash. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount $21,800.00 be transferred from the Reserve Fund - Overlay Surplus, $90,200.00 be transferred from the unexpended balance of the amount appropriated under Article 8 of the warrant for the 1973 Annual Town Meeting and $38,000.00 be raised in the tax levy. Carried Unanimously 8 P. M. 462 Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously 8 P. M. Article 10. Presented by Fred C. Bailey. MOTION: That the sum of $11,957.25 received in 1974 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 8:01 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote 8:01 P. M. Article 12. Sanborn C. Brown moved that Article 12 be tabled. (See Page 521) Carried by voice vote 8:02 P. M. Article 13. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may deter- mine prior to the final adjournment of the 1975 Annual Town Meeting. Carried by voice vote 8:04 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to obtain appraisals on land and on rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or open space of off-street parking or school purposes or any combination of said purposes, and the Selectmen be and they are hereby authorized to acquire by purchase, eminent domain or otherwise the land or rights therein that are recommended for such purposes, and to appropriate therefor the sum of $1,000.00, and that such amount be raised in the tax levy. Carried Unanimously 8:06 P. M. Article 15. Presented by Sanborn C. Brown. MOTION: That the sum of $4,000.00 be appropriated for the develop- ment of Westview Cemetery and that to raise such amount $4,000.00 be transferred from Westview Cemetery Sale of Lots Fund. Carried Unanimously 8:08 P. M. Article 16. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and that such amount be raised in the tax levy. Carried by voice vote 8:17 P. M. Article 17. Presented by Fred C. Bailey. 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 4 Article 17. Chapter 263 of the Acts of 1926, as amended, or otherwise, and to (Cont.) take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $35,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:17 P. M. Ephraim Weiss moved to amend Article 17 by inserting the following after the words "in land necessary therefor," providing that during planning for any action under this article, the Con- servation Commission shall be consulted regarding ecological consierations; 8:18 P. M. Mr. Weiss's motion to amend declared lost by voice vote. 8.:21 P. M. Main motion, as presented by Mr. Bailey, declared carried unanimously. 8:22 P. M. Article 18. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains in such accepted or un- accepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $25,000.00 for such installation and land acquisition, and that to raise such amount $3,500.00 be transferred from Sale of Real Estate Lots Account and $21,500.00 be raised in the tax levy. Carried Unanimously 8:23 P. M. Article 19. Presented by Fred C. Bailey. MOTION: a. that the Selectmen be and they hereby are authorized to con- (See struct concrete, bituminous concrete and other sidewalks, at such Pages locations as they shall determine, where the abutting owner pays 478 one-half of the cost or otherwise; and to appropriate the sum of & $90,000.00 therefor, and that such amount be raised in the tax 479.) levy; and b. that further to appropriate the sum of $35,000.00 in order to provide that any sidewalk constructed on Massachusetts Avenue in the Center of the Town be brick, and that such amount be raised in the tax levy. 8:24 P. M. Frank I. Michelman requested that the article be divided and that the vote be taken separately on a. and b. The Moderator ruled that the article would be divided for voting purposes. 8:30 P. M. John Deutch stated that he would like to be able to vote on the streets separately but the Moderator ruled that this could not be done. 8:44 P. M. John Deutch moved to amend the motion by striking the figure $90,000.00 and substituting therefor the figure $57,000.00. 8:46 P. M. James M. McLaughlin moved to recommit this article to the Board of Selectmen. 8:47 P. M. 464 Article 19. Motion to recommit Article 19, Section a. was declared carried by (Cont.) voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 7 2 9 Francis G. Fuery 8 3 14 Joseph A. Campbell 2 4 5 Judith J. Uhrig 12 5 15 George F. McCormack 4 6 10 John T. Harvell 3 7 14 John R. Campbell 3 8 16 Mary E. Shunney 1 9 10 Jane P. Buckley 5 At Large 12 Howard L. Levingston 10 Totals 110 55 Motion to recouuuit Article 19, Section a. to the Board of Selectmen declared adopted. 9:03 P. M. Paul A. Plasse moved to recommit Article 19, Section b. to the Board of Selectmen which was declared carried by voice vote. 9:03 P. M. Article 20. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or un- accepted streets or other land as the Selectmen may determine, sub- ject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $350,000.00 therefor and that to raise such amount $15,000.00 be transferred from the unexpended balance of the amount appropriated under Article 43 of the warrant -- for the 1973 Annual Town Meeting, $5,550.00 be transferred from the unexpended balance of the amount appropriated under Article 43 of the warrant for the 1971 Annual Town Meeting, $11,841.23 be trans- ferred from the unexpended balance of the amount appropriated under Article 8 of the Special Town Meeting of June 12, 1967, $21,706.77 be transferred from the unexpended balance of the amount appropriated under Article 8 of the Special Town Meeting of June 14, 1971 and $295,902.00 be raised in the tax levy. 9:08 P. M. Joan P. Crothers moved that Article 20 be amended to read following the words "as the Selectmen": "and a committee of not more than 10, but including one member from each precinct appointed by the Selectmen". 9:12 P. M. Town Counsel, Norman P. Cohen ruled that Mrs. Crother's motion was not legal. 9:13 P. M. The Moderator called a five minute recess at 9:15 P. M. The Moderator again called the meeting to order at 9:30 P. M. Article 20. Allan P. Kenney stated that the intent of Mrs. Crother's motion was (Cont.) to create better communication between the Board of Selectmen and the citizens and he promised better communication in the future. 9:32 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 9:32 P. M. 46 5 Article 21. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Carriage Drive area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $60,000.00 therefor and that such amount be raised in the tax levy. 9:33 P. M. After general discussion, Joseph O. Rooney moved the previous question which was declared carried by voice vote. 9:45 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 9:47 P. M. Article 22. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:51 P. M. Article 23. Presented by Sanborn C. Brown. MOTION: That the sum of $75,000.00 be appropriated for constructing, originally equipping and furnishing a building for storing equipment of the Department of Public Works, and that such amount be raised in the tax levy. 9:52 P. M. Stanley A. Brown asked about the advisability of fencing the yard and using attack dogs for vandalism protection. 9:56 P. M. Roy Weinstein moved to amend the motion by deleting the sum of $75,000.00 and substituting therefor the sum of $7,500.00 and by deleting the words "originally equipping and furnishing a building" and substituting therefor the words "a fenced in area protected by automatic alarms". 10:12 P. M. Mr. Brown stated that the Selectmen would prefer voting down the main motion than have this amendment passed. 10:12 P. M. Daniel E. Power moved that Article 23 be indefinitely postponed. 10:13 P. M. John Deutch moved the previous question which was declared carried by voice vote. 10:15 P. M. Mr. Weinstein's motion to amend declared lost by voice vote. 10:16 P. M. Motion to indefinitely postpone Article 23, as offered by Mr. Power, declared carried by voice vote. 10:16 P. M. Article 24. Presented by Fred C. Bailey. (*See MOTION: That the sum of $150,000.00 be appropriated for the purchase Page by or with the approval of the Selectmen of equipment for the Depart- 466 ment of Public Works, and to raise such amount $25,000.00 be trans- for ferred from the unexpended balance of the amount appropriated under amended Article 24 of the warrant for the 1973 Annual Town Meeting and motion.) $125,000.00 be raised in the tax levy. 10:17 P. M. 466 Article 24. Edward E. Furash moved to amend Article 24 by striking the sum of (Cont.) $150,000.00 and substituting therefor the sum of $119,000; and by striking the sum of $125,000.00 and substituting therefor the sum of $94,000.00. 10:23 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, stated that his committee recommended purchasing all of the equipment as requested in the budget. 10:32 P. M. Motion to amend, as presented by Mr. Furash, declared carried by voice vote. 10:37 P. M. Frank Sandy moved to amend the motion under Article 24 by deleting the amount $119,000.00 and replacing it by the amount $80,000.00 and by replacing the amount $94,000.00 by $55,000.00. .__. 10:37 P. M. Mr. Sandy's motion to amend declared lost by voice vote. Main motion, as amended, now reads: (*Amended MOTION: That the sum of $119,000.00 be appropriated for the purchase motion.) by or with the approval of the Selectmen of equipment for the Depart- ment of Public Works, and to raise such amount $25,000.00 be trans- ferred from the unexpended balance of the amount appropriated under Article 24 of the warrant for the 1973 Annual Town Meeting and $94,000.00 be raised in the tax levy. Main motion, as amended, declared carried unanimously. 10:42 P. M. Allan F. Kenney moved that the meeting be adjourned to Thursday, April 4, 1974 at 7:45 P. M. in Cary Memorial Hall. Carried by voice vote. 10:43 P. M. A true copy. I� Attest: /)64 ` idilm444441, Mary R. McDonough, Town Clerk 467 ADJOURNED TOWN MEETING - APRIL 4, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:53 P. M. in the Cary Memorial Hall. There were 181 Town Meeting Members present. The invocation was offered by Rev. Theodore Stylianopoulos, Pastor of St. Nicholas Greek Orthodox Church. 7:55 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he wished to speak about the proposed schedule of the upcoming adjourned sessions of this town meeting. The Selectmen and the Town Meeting Members Association had recommended Monday, Wednesday and Thursday sessions for the first two weeks and no sessions during the week of the April 19th celebration. Mr. Kenney reminded the meeting that April 11th being Holy Thursday no session would be recommended for that date. Adjourned sessions would be recommended starting April 22, after the April 19th vacation week, and the Monday, Wednesday and Thursday schedule would be resumed if approved by town meeting members. 7:57 P. M. Article 25. Presented by Allan F. Kenney. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. 8:02 P. M. William T. Spencer moved to amend Article 25 by adding at the end the words: Provided that the outer line of the sidewalks shall not be relocated to a position further from the roadway than they presently are. 8:03 P. M. Motion to amend, as offered by Mr. Spencer, declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Herbert R. Adams 10 2 2 Francis G. Fuery 14 3 11 Joseph A. Campbell 6 4 3 Judith J. Uhrig 11 5 6 George F. McCormack 13 6 14 Alan G. Adams 1 7 9 John R. Campbell 8 8 1 Mary E. Shunney 15 9 8 Jane P. Buckley 6 At large 3 Howard L. Levingston 19 Totals 59 103 Mr. Spencer's motion to amend, declared lost. 8:12 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 8:27 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 8:27 P. M. r-- Article Article 26. Presented by Allan F. Kenney. MOTION: That the sum of $6,000.00 be appropriated for highway maintenance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the tax levy. Carried Unanimously 8:30 P. M. Article 27. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:30 P. M. 468 Article 28. Presented by Fred C. Bailey. MOTION: That the sum of $10,000.00 be appropriated for improving and upgrading traffic control signals in the Town, and that such amount be raised in the tax levy. 8:30 P. M. Fredric S. Cohen moved to amend Article 28 by striking out the sum of "$10,000" and substituting the sum of "$11,000". 8:32 P. M. - Mr. Cohen explained that the increase was to be used for a left-hand turn signal at the intersection of Massachusetts Avenue and Waltham Street. 8:32 P. M. Mr. Bailey stated that this budget was to be used for maintenance purposes only and the need for the turn signal should be referred to the Traffic Committee. 8:36 P. M. John Deutch moved the previous question which was declared carried by voice vote. 8:40 P. M. Mr. Cohen's motion to amend was declared lost by voice vote. 8:41 P. M. Main motion, as offered by Mr. Bailey, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Herbert R. Adams 1 2 11 Francis G. Fuery 5 3 9 Joseph A. Campbell 8 4 14 Judith J. Uhrig 1 5 15 George F. McCormack 4 6 5 Alan G. Adams 11 7 6 John R. Campbell 11 8 13 Mary E. Shunney 3 9 9 Jane P. Buckley 5 At large 14 Howard L. Levingston 8 Totals 107 57 Main motion, as offered by Mr. Bailey, declared carried. 8:45 P. M. Article 29. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. 8:46 P. M. Ephraim Weiss moved to recommit Article 29 to the Board of Selectmen but the motion was not adopted. 8:52 P. M. Motion to indefinitely postpone Article 29, as presented by Mr. Kenney, carried unanimously. 8:53 P. M. Article 30. Presented by Sanborn C. Brown. MOTION: That this article be indefinitely postponed. Carried by voice vote. 8:54 P. M. Article 31: Presented by Sanborn C. Brown. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:54 P. M. 469 Article 32. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they are hereby authorized to (*See convey land owned by the Town and shown as Lot 71 on Assessors' below Property Map 84, located on Hinchey Road, an unaccepted street, for to the 115 Kendall Corporation on such terms as the Selectmen amended shall deem advisable, provided that the Town shall have the motion.) right to remove gravel from the site prior to its conveyance, that the purchase price shall not be less than $6,000.00 and that the buyer will bear all expenses of the conveyance. 8:55 P. M. ---i Paul A. Plasse moved to amend Article 32 by adding at the end thereof: "And that Hinchey Road will not be lowered or altered in any manner unless written agreements are first received from the owners of the property that contains domestic dwellings and abuts Hinchey Road". 9 P. M. The Moderator called a five minute recess at 9 P. M. The Moderator again called the meeting to order at 9:15 P. M. The Moderator read Mr. Plasse's motion. 9:16 P. M. Arthur Carota, 65 Meriam Road, Waltham was recognized. Mr. Carota represented one parcel of land on Hinchey Road and spoke in favor of the amendment. 9:20 P. M. Frederick Conroy represented 115 Kendall Corporation and after speaking on their behalf he answered questions. In answer to Francis G. Fuery, he stated that the price of the land was 964 per foot and the gravel will be moved to the dump site. 9:23 P. M. In answer to a question posed by Robert H. Kingston, Town Counsel, Norman P. Cohen, stated that the amendment was in order. 9:30 P. M. Mr. Plasse's motion to amend was declared carried by voice vote. 9:32 P. M. Motion, as amended, now reads: (*Amended MOTION: That the Selectmen be and they are hereby authorized to motion.) convey land owned by the Town and shown as Lot 71 on Assessors' Property Map 84, located on Hinchey Road, an unaccepted street, to the 115 Kendall Corporation on such terms as the Selectmen shall deem advisable, provided that the Town shall have the right to remove gravel from the site prior to its conveyance, that the purchase price shall not be less than $6,000.00 and that the buyer will bear all expenses of the conveyance and that Hinchey Road will not be lowered or altered in any manner unless written agreements are first received from the owners of the property that contains domestic dwellings and abuts Hinchey Road. Main motion, as amended, declared carried by voice vote. 9:32 P. M. Article 33. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to accept a gift from Concord Avenue Realty Corp. of a parcel of land consisting of 87,742 square feet and shown as parcel A on "Plan of Land in Lexington, Mass." dated July 31, 1972 by Miller and Nylander, recorded in Middlesex South Registry of Deeds, Book 12330, Page 537, such parcel to be for conservation purposes, and further that the Selectmen be authorized to accept a twenty foot sewer easement as shown on said plan. 9:33 Conservation Commission member, Gary Larson gave an explanation of the gift. 9:33 P. M. Motion, as presented by Mrs. Frick, carried unanimously. 9:35 P. M. 470 Article 34. Presented by Allan F. Kenney. (*See MOTION: That the sum of $110,000.00 be appropriated under the amended provisions of Chapter 911 of the Acts of 1971 in anticipation of the motion celebration of the two hundredth anniversary of the American Revolution, below.) and that such amount be raised in the tax levy. 9:36 P. M. Selectman Kenney stated that he felt it an honor to present this article and that the Board of Selectmen were unanimously behind this article and the program planned. 9:37 P. M. Kingston Howard, Chairman of the Lexington Bicentennial Committee, gave a progress report and estimated costs. ._._ 9:45 P. M. John Deutch moved to amend Article 34 by deleting the sum of $110,000.00 and substituting therefor the sum of $95,000.00. 9:45 P. M. The Moderator called a recess at 9:55 P. M. while the Town Counsel was in the process of making a ruling on a motion presented by "John F. Downey, Jr. The Moderator called the meeting to order at 9:58 P. M. Mr. Downey's motion was not presented in writing to the Town Clerk but the effect of the motion was that no money could be spent if Richard M. Nixon, whether or not he was still President, attended any of the events. Norman P. Cohen, Town Counsel, ruled that John F. Downey, Jr. 's motion to amend, as written, was illegal. 10 P. M. Mr. Deutch's motion to amend declared carried by voice vote. 10:07 P. M. Main motion, as amended, now reads: (*Amended MOTION: That the sum of $95,000.00 be appropriated under the provisions motion.) of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that such amount be raised in the tax levy. Main motion, as amended, declared carried by voice vote. 10:08 P. M. William J. Scouler serves notice of reconsideration of Article 34. 10:08 P. M. Article 35. Presented by Stephen Michael Politi. MOTION: That the Town ratify the action of the Board of Selectmen in appointing a subcommittee of the Lexington Bicentennial Committee- to study, plan, and implement the rededication of the Lexington Battle Green on or about April 20, 1975. 10:08 P. M. Roland B. Greeley, member of the Lexington Bicentennial Committee, answered questions from the floor. 10:16 P. M. William E. Maloney moved the previous question which was declared —� carried by voice vote. 10:2.0 P. M. Main motion, as presented by Mr. Politi, declared carried by voice vote. 10:20 P. M. 4711 Article 36. Presented by Lois W. Brown. MOTION: That the Zoning By-Law of the Town be amended as follows: (*See A. By inserting in Section 25.80, after the words non-commercial Amended vehicle:** the following: Motion below.) "short-term occupancy of one, but not more than one, parked camping vehicle as defined in Section 40, subject to the provi- sions of Article XXIV, Section 27 of the General By-laws." B. By inserting in section 40, after the definition of BUILDING the following: "CAMPING VEHICLE: A registered self-propelled camper or automobile-drawn trailer used as a mobile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities." 10:22 P. M. Mrs. Brown gave a summary of the Planning Board Report which she filed with the Town Clerk. 10:25 P. M. Daniel E. Power served notice of reconsideration of Article 35. 10:32 P. M. Article 36. James M. McLaughlin moved the previous question which was declared (Cont.) lost by voice vote. 10:33 P. M. Frank I. Michelman moved to amend Part A of the motion under Article 36 by adding at the beginning of the clause to be added to Section 25.80 the words "prior to January 1, 1977 but not thereafter," so that the entire clause to be added to Section 25.80 shall read: "prior to January 1, 1977 but not thereafter, short-term occupancy of one, but not more than one, parked camping vehicle as defined in Section 40, subject to the provisions of Article XXIV, Section 27 of the General By-Laws." 10:34 P. M. Mr. Michelman's motion to amend declared carried by voice vote. 10:47 P. M. J. Keith Butters moved the previous question which was declared carried by voice vote. 10:49 P. M. (*Amended Main motion, as amended, now reads: Motion) MOTION: That the Zoning By-Law of the Town be amended as follows: (Approved by Atty. A. By inserting in Section 25.80, after the words non-commercial Gen. , vehicle:** the following: Robert H. Quinn, "prior to January 1, 1977 but not thereafter, short-term June 19, occupancy of one, but not more than one, parked camping vehicle 1974. as defined in Section 40, subject to the provisions of Article XXIV, Section 27 of the General By-Laws." Advertised in Lex. B. By inserting in section 40, after the definition of BUILDING Min. Man. , the following: July 25, Aug. 1 & "CAMPING VEHICLE: A registered self-propelled camper or 8, 1974) automobile-drawn trailer used as a mobile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities." Main motion, as amended, declared carried unanimously. 10:50 P. M. William J. Scouler moved that the meeting be adjourned to Monday, April 8, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:50 P. M. A true copy. Attest: 1/(4044- Mary R. McDonough, Town Clerk 72 Jane E. Berchtold, 5 Saddle Club Road, resigned as a Town Meeting Member from Precinct 5 on April 4, 1974. Wallace Cupp, 141 Woburn Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 5 at the March 4, r� 1974 election, accepted a position as Town Meeting Member from Precinct 5 on April 5, 1974. Mr. Cupp will fill the vacancy caused by Mrs. Berchtold's resignation and his term will expire in March 1975. I1. 473 ADJOURNED TOWN MEETING - APRIL 8, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:52 P. M. in the Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Rev. Dr. Donald Wells, Pastor of the Trinity Covenant Church. 7:55 P. M. Article 2. Edward E. Furash moved that the Supplementary Report - Articles 45-55 of the Appropriation Committee be accepted and placed on file. 7:55 P. M. Mr. Furash stated that the estimated tax rate at this point in the meeting is $72.20. Mr. Furash's motion declared carried unanimously. 7:57 P. M. Article 37. Presented by Lois W. Brown. (*See MOTION: That Article XXIV of the General By-Laws of the Town of Page Lexington be amended by adding a new Section 27 to read as follows: 474 for Parking of Occupied Camping Vehicles Motion as Section 27. A camping vehicle occupied as an accessory use in a Amended.) REsidence District under Section 25.80 of the Zoning By-Law (a) shall not be located anywhere within a Historic District; (b) shall not be operated to deposit waste or water onto the grounds; (c) shall conform to the appropriate yard requirements of Section 27 of the Zoning By-Law except where the unit is located on a driveway; and (d) shall not be occupied for more than three consecutive nights unless specifically approved by the Board of Appeals acting under Section 25.94 of the Zoning By-Law. 7:59 P. M. Mrs. Brown read the third paragraph of the Planning Board Report filed under Article 36 at the April 4, 1974 Adjourned Town Meeting. 8:04 P. M. Richard K. Eaton moved to amend Section 27, item (d) by substituting the word "five" in place of the word "three" so that item (d) will read "shall not be occupied for more than "five consecutive nights" 8:04 P. M. Mr. Eaton's motion to amend declared carried by voice vote. 8:14 P. M. Alfred S. Busa moved that the motion under Article 37 be amended by adding the following sentence at the end of the new section 27: "No charge or fee may be imposed for the parking of such a camping vehicle." 8:15 P. M. Mr. Busa' s amendment declared carried by voice vote. 8:27 P. M. J. Keith Butters moved to amend Article 37 by striking Subsection (a) of Section 27 in its entirety, and relettering following subsections (a) , (b) , and (c) , respectively. 8:27 P. M. Mr. Butter's motion to amend declared carried by voice vote, which was doubted, so a standing vote taken as follows: 47 4 Article 37. Precinct In Favor Tellers Opposed (Cont.) 1 9 Herbert R. Adams 6 2 13 Michael J. O'Sullivan 3 3 11 Joseph A. Campbell 6 4 7 Judith J. Uhrig 11 5 13 George F. McCormack 6 6 14 John T. Harvell 5 7 16 John R. Campbell 1 8 10 Mary E. Shunney 7 9 9 Jane P. Buckley 8 At large 10 Howard L. Levingston 13 Totals 112 66 Mr. Butters motion to amend Article 37 is adopted. 8:33 P. M. Robert M. Gary moved the previous question which was declared carried by voice vote. 8:34 P. M. Main motion, as amended, now reads: (*Amended MOTION: That Article XXIV of the General By-Laws of the Town of motion.) Lexington be amended by adding a new Section 27 to read as follows: Parking of Occupied Camping Vehicles (Approved Section 27. A camping vehicle occupied as an accessory use in a by Atty. Residence District under Section 25.80 of the Zoning By-Law (a) shall Gen. , not be operated to deposit waste or water onto the grounds; (b) shall Robert conform to the appropriate yard requirements of Section 27 of the H. Quinn, Zoning By-Law except where the unit is located on a driveway; and Aug. 2, (c) shall not be occupied for more than five consecutive nights 1974. unless specifically approved by the Board of Appeals acting under Advertised Section 25.94 of the Zoning By-Law. No charge or fee may be in Lex. imposed for the parking of such a camping vehicle. Min. Man.- Aug. 15, Main motion, as amended, declared carried by voice vote. 22 & 29, 8:34 P. M. 1974.) -- Article 38. Presented by Stephen Michael Politi. MOTION: That the sum of $8,000.00 be appropriated to develop and equip picnic areas on public land in the Town for use during the Bicentennial period, and that such amount be raised in the tax levy. 8:35 P. M. Roland B. Greeley of the Bicentennial Committee spoke on the article and answered questions. In answer to a question by Robert I. Rotberg, Mr. Greeley stated that some sample areas to be used are the Marrett Road side of the Old Reservoir Area, Clarke Junior High playground, Harrington School play area and that they should be areas near a main highway. In answer to a question by Martin V. Sussman, Mr. Greeley stated that the areas would be used for approximately one year and that it would be up to the town meeting to decide whether they wanted them to be permanent picnic areas. 8:50 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:50 P. M. Motion, as offered by Mr. Politi, declared carried by voice vote. 8:50 P. M. Article 39. Presented by Stephen Michael Politi. MOTION: That the sum of $3,500. be appropriated to develop and equip camping facilities on public land in the Town for use during the Bicentennial period, and that such amount be raised in the tax levy. 8:52 P. M. Frank Sandy serves notice of reconsideration of Article 37. 8:52 P. M. 4 Fir 5 Article 39. Ephraim Weiss moved to amend Article 39 by adding at the end: (Cont.) provided that the rates shall be set sufficiently high to tend to encourage emergency use only. 9:05 P. M. The Moderator called a five minute recess at 9:06 P. M. The Moderator called the meeting to order at 9:22 P. M. The Moderator read Mr. Weiss's motion to amend. 9:23 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 9:28 P. M. Martin V. Sussman moved to amend Article 39 by inserting, after the word facilities, "emergency overnight parking". 9:28 P. M. Motion to amend, as offered by Mr. Sussman, declared lost by voice vote. 9:34 P. M. Main motion, as offered by Mr. Politi, declared carried by voice vote. 9:35 P. M. Article 40. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:35 P. M. Article 41. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:37 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That the sum of $31,000.00 be appropriated for reconstructing, repairing and maintaining existing tennis courts, and that such amount be raised in the tax levy. 9:37 P. M. Richard M. Wertheim, Chairman of the Recreation Committee, explained that the committee wished to put the present courts in good shape. There will be major repair work on four courts in the Center Play- ground - present cost of $6,000.00 each, totalling $24,000.00. Two courts at Adams School and two courts at Valley Road need resurfacing at an estimated cost of $7,000.00. 9:40 P. M. Motion, as presented by Mr. Kenney, carried unanimously. 9:40 P. M. Article 43. Presented by Fred C. Bailey. MOTION: That the sum of $20,000.00 be appropriated for the purchase of an ambulance for the Fire Department, and that such amount be raised in the tax levy. 9:41 P. M. Sam Silverman moved to amend Article 43 by adding the following: Such ambulance not to be purchased prior to the report of a committee of five citizens, to include three medical doctors, appointed by the Town Moderator, to review current emergency medical services and to make recommendations in relation thereto. 9:45 P. M. Mr. Silverman's motion to amend declared lost by voice vote. 9:52 P. M. Main motion, as offered by Mr. Bailey, carried unanimously. 9:55 P. M. 476 Article 44. Presented by Allan F. Kenney. MOTION: That the sum of $11,000.00 be appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Chapter 252 of the General Laws, and that such amount be raised in the tax levy. 9:55 P. M. Mr. Kenney read a letter from the Board of Health endorsing the East Middlesex Mosquito Control program. 9:58 P. M. Motion, as offered by Mr. Kenney, declared carried by voice vote. r- 9:58 P. M. Article 45. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to accept as a gift from Frances May Baskin parcels of land bordering on Route 128, shown as lots 9, 19 and 20 on Assessors' Property Map 82, for conservation purposes. Carried Unanimously. 10:08 P. M. Angela E. Frick moved that Article 55 be taken up, out of order, at this time. Carried Unanimously. 10:10 P. M. Article 55. Presented by Margaret F. Rawls. MOTION: That the sum of $12,000.00 be appropriated to the Conserva- tion Fund established by vote under Article 9 of the warrant for the Special Town Meeting held on June 8, 1964, and that such amount be raised in the tax levy. Carried by voice vote. 10:15 P. M. Article 46. 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 Lots 349 to 355 inclusive and Lots 365 to 394 inclusive on a plan entitled "Dunster Gardens, Arlington, Winchester and Lexington, Middle- sex County, Mass. owned by J. W. Wilbur" by Ernest W. Branch, Civil Engineer, August, 1912, recorded with Middlesex South District Registry of Deeds in Plan Book 206, Plan No. 23A, now or formerly of the Graziano Family; that the sum of $40,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:17 P. M. Voice vote on this motion was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 5 2 16 Michael J. O'Sullivan 0 3 15 Joseph A. Campbell 1 4 16 Judith J. Uhrig 0 5 14 George F. McCormack 0 .� 6 18 John T. Harvell 0 7 16 John R. Campbell 0 8 9 Mary E. Shunney 2 9 17 Jane P. Buckley 0 At large 28 Howard L. Levingston 1 Totals 153 9 More than the required two-thirds having voted in favor, the motion is adopted. 10:25 P. M. 477 Article 47. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as a lot containing 53,830 square feet on plan entitled "Plan of Land Lexington, Mass. Surveyed for Marco Realty Trust" dated December 18, 1969, by Frederick A. Ewell Registered Land Surveyor, recorded with Middlesex South District Registry of Deeds at the end of Book 11818; that the sum of $7,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. Carried Unanimously. 10:30 P. M. Article 48. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 290, 293, 294, 298, 301, 302, 303, 306, 308, 310, 312, 314, 315, 316 and 348 on Assessors' Property Map 13; that the sum of $15,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:31 P. M. Roy J. Murphy stated that he wished this land to be used for conserva- tion purposes only and no part should be used for building. 10:40 P. M. Lois W. Brown stated that the Planning Board supports this article. 10:47 P. M. Nancy F. Earsy moved to amend Article 48 by deleting lot "316". 10:48 P. M. Mrs. Earsy's amendment declared lost by voice vote. 10:51 P. M. Main motion, as presented by Mrs. Frick, declared carried unanimously. 10:52 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 10, ' 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:52 P. M. A true copy. Attest: AD-PWA 1441, Mary R. McDonough, Town Clerk 4[1rti ADJOURNED TOWN MEETING - APRIL 10, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:54 P. M. There were 186 Town Meeting Members present. Invocation offered by Rev. Joseph Roberts, Associate Pastor of the First Baptist Church. 7:57 P. M. Fred C. Bailey moved that the recommitted Article 19 be taken up at this time. Carried Unanimously 7:58 P. M. Article 19. Presented by Fred C. Bailey. MOTION: (Adopted- a. That the Selectmen be and they hereby are authorized to construct See concrete, bituminous concrete and other sidewalks, at such loca- Page tions as they shall determine, including both sides of Muzzey and 479.) Clarke Streets between Massachusetts Avenue and Forest Street, where the abutting owner pays one-half of the cost or otherwise; and to appropriate the sum of $57,000.00 therefor, and that such amount be raised in the tax levy; (Lost - b. That further to appropriate the sum of $20,000.00 in order to See provide that portions of any sidewalk constructed on Muzzey Street Page and Clarke Street be brick, and that such amount be raised in the 479.) tax levy; (Lost - c. That the Selectmen be and they hereby are authorized to construct See concrete, bituminous concrete and other sidewalks, at such loca- Page tions as they shall determine, including the southwesterly side 479.) of Massachusetts Avenue from Clarke Street to the easterly boundary of the Colonial Garage, where the abutting owner pays one-half of the cost or otherwise; and to appropriate the sum of $33,000.00 therefor, and that such amount be raised in the tax levy; and (Lost - d. That further to appropriate the sum of $35,000.00 in order to See provide that any sidewalk constructed on the southwesterly side Page of Massachusetts Avenue from Clarke Street to the easterly boundary 479.) of the Bargain Barn be brick, and that such amount be raised in the tax levy. 8 P. M. The Moderator stated that although this article could be discussed as one package it would be divided into four sections for voting purposes. 8 P. M. Mr. Bailey stated that the Selectmen gave section a. top priority with sections c, d and b coming next in that order, but that the Board is unanimous in seeing the entire package done. 8:05 P. M. Districts Donald J. Shaw, member of the Lexington Historic. ./Commission, stated that the Commission does not take a position on the need of side- walks but that recent approvals have been for brick sidewalks, but the Commission does not want sidewalks dug up just to put down bricks. 8:10 P. M. , , Richard E. Bayles was disturbed that the information on this article was presented to the meeting as they entered the hall and moved that the article be tabled. 8:12 P. M. The Moderator ruled Mr. Bayles' motion out of order as he had spoken on the article before he made his motion. 8:12 P. M. William M. Fraser moved that this article be tabled, which was declared lost by voice vote. 8:15 P. M. 479 Article 19. In answer to a question by Susan S. Beck, Mr. Bailey stated that the (Cont.) construction should be completed by this fall. 8:17 P. M. Edward E. Furash stated that the Appropriation Committee recommend the figure $60,000.00 per year for sidewalks. 8:20 P. M. Stillman P. Williams moved the previous question which was declared carried by voice vote. 8:39 P. M. The Moderator stated that each section would now be voted separately. Article 19a. Carried by voice vote. 8:40 P. M. Article 19b. Lost by voice vote. 8:41 P. M. Article 19c. Lost by voice vote. 8:41 P. M. Article 19d. Lost by voice vote. 8:42 P. M. Article 49. Presented by Angela E. Frick. MOTION: That the Selectmen be and they hereby are authorized to transfer to the Conservation Commission for open space and conserva- tion purposes, including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 264, 291, 292, 295, 296, 297, 300, 305B, 307, 309, 311, 313 and 332 on Assessors' Property Map 13. 8:43 P. M. Mrs. Frick asked that the meeting recognize the Campfire Girls in the balcony who pickedup .ailtthe trash, last Monday, in the Hillside Avenue area. 8:45 P. M. Joseph O. Rooney, Chairman of the Lexington Housing Authority, [II stated that the Authority had no interest in this land. 8:47 P. M. Michael J. O'Sullivan, speaking for his constituents in Precinct 2, and Charles F. Gallagher, Jr. , Recreation Committee, are in favor of passage of this article. 8:50 P. M. Motion, as presented by Mrs. Frick, declared carried unanimously. 8:50 P. M. William J. Scouler moved for reconsideration of Article 34. 8:50 P. M. After general discussion, the vote on motion to reconsider Article 34 was declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Herbert R. Adams 11 2 3 Francis G. Fuery 16 3 10 Joseph A. Campbell 9 4 7 Judith J. Uhrig 9 5 8 George F. McCormack 10 6 16 John T. Harvell 1 7 13 John R. Campbell 5 8 2 Mary E. Shunney 16 9 10 Jane P. Buckley 6 At large 14 Howard L. Levingston 12 Totals 85 95 Motion to reconsider Article 34, as presented by Mr. Scouler, declared lost. 9:15 P. M. 480 Article 50. Presented by Howard M. Kassler. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:18 P. M. Article 51. Presented by Manfred P. Friedman. MOTION: That the Conservation Commission be authorized to purchase or (See ** otherwise acquire, and the Selectmen be authorized to take by eminent Pages domain, upon the written request of the Conservation Commission, for 491 conservation purposes including outdoor recreation as provided by and Section 8C of Chapter 40 of the General Laws, any fee, easement or 492) 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 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust; that the sum of $33,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:19 P. M. Richard A. Michelson spoke in opposition to this and the next three conservation articles. 9:28 P. M. Edward E. Furash, Chairman of the Appropriation, spoke in opposition. 9:30 P. M. Attorney Dunn, representing the owner of the land in question, read a letter from the owner to the Conservation Commission and stated that they would be willing to sell the land to the Commission for $90,000. 9:33 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen (four to one) is opposed to this article. 9:36 P. M. John Deutch moved the previous question which was declared carried by voice vote. 9:43 P. M. As this motion needed a two-thirds vote and the Moderator doubted that it would be unanimous, a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 13 Francis G. Fuery 5 3 14 Joseph A. Campbell 4 4 4 Judith J. Uhrig 10 5 12 George F.. McCormack 8 6 16 John T. Harvell 1 7 16 John R. Campbell 2 8 4 Mary E. Shunney 14 9 7 Jane P. Buckley 8 At large 14 Howard L. Levingston 14 Totals 104 75 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Friedman, is not adopted. 9:47 P. M. The Moderator called a recess at 9:48 P. M. The Moderator called the meeting to order at 10:07 P. M. Stanley A. Brown served notice of reconsideration of Article 51. 10:07 P. M. 481 Article 52. Presented by Margaret F. Rawls. 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 51 on Assessors' Property Map 55, now or formerly of Schena, and Lot 61 on Assessors' Property Map 62, now or formerly of Morrow, being premises adjoining the Vine Brook off Grant Street; that the sum of $11,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:08 P. M. Voice vote not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 3 2 16 Francis G. Fuery 1 3 15 Joseph A. Campbell 1 4 14 Judith J. Uhrig 0 5 15 George F. McCormack 4 6 15 John T. Harvell 1 7 18 John R. Campbell 0 8 10 Mary E. Shunney 6 9 16 Jane P. Buckley 0 At large 25 Howard L. Levingston 1 Totals 152 17 More than the required two-thirds having voted in favor, the motion, as presented by Mrs. Rawls, adopted. 10:14 P. M. Article 53. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 104 on Assessors' Property Map 30, now or formerly of Curtis S. Elliott; that the sum of $4,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:15 P. M. Frank H. Totman, Jr. moved that this article be tabled which was declared lost by voice vote. 10:25 P. M. William E. Maloney, Jr. moved the previous question which was declared carried by voice vote. 10:31 P. M. Standing vote taken as follows: r— Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 7 2 10 Francis G. Fuery 3 3 19 Joseph A. Campbell 0 4 7 Judith J. Uhrig 8 5 14 George F. McCormack 6 6 17 John T. Harvell 0 7 15 John R. Campbell 3 8 4 Mary E. Shunney 13 9 12 Jane P. Buckley 3 At large 24 Howard L. Levingston 2 Totals 128 45 More than the required two-thirds having voted in favor, the motion was adopted. 10:34 P. M. 482 Frank H. Totman, Jr. served notice of reconsideration of Article 53. 10:34 P. M. Article 54. 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 (See conservation restriction as defined in Section 31 of Chapter 184 of Page the General Laws or other interest in all or any part of land shown 512) as Lot 84 on Assessors' Property Map 30, now or formerly of Augusta; that the sum of $35,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:35 P. M. Voice vote was not unanimous, so standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 5 Francis G. Fuery 12 3 15 Joseph A. Campbell 4 4 6 Judith J. Uhrig 9 5 12 George F. McCormack 7 6 16 John T. Harvell 0 7 14 John R. Campbell 3 8 5 Mary E. Shunney 13 9 12 Jane P. Buckley 4 At large 24 Howard L. Levingston 3 Totals 113 64 Less than the required two-thirds having voted in favor, the motion was not adopted. 10:40 P. M. Article 55. (See page 476.) Article 56. Presented by Margaret F. Rawls. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:42 P. M. Spencer Lavan serves notice of reconsideration of Article 54. 10:42 P. M. Article 57. Presented by Margaret F. Rawls. MOTION: That this article be indefinitely postponed. Carried Cunanimously. 10:42 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 22, 1974 at 7:45 in the Cary Memorial Hall. Lost by voice vote. 10:43 P. M. Article 58. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Article 59. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. 48 Article 60. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Lilah H. Groisser asked for the schedule of meetings when the town meeting resumed after vacation week (April 15th) . Mr. Kenney stated that they would recommend going back to the Monday, Wednesday and Thursday schedule. Edward E. Furash, Chairman of the Appropriation Committee, stated that three meetings a week are too much for a working committee to handle. The Moderator stated that it is up to the town meeting members to vote whatever dates they want. If they wish to have just two meetings a week, then that is what should be voted when the motion for adjournment is before the meeting. At this time the Moderator said he would ask for a voice vote to get the sense of the meeting on this subject. The sense of the meeting showed that the two meetings a week were favored. 10:47 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 22, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried Unanimously. 10:48 P. M. A true copy. Attest: 77k141. X 71g -4441,6-4 i- o Mary R. McDonough, Town Clerk 484 ADJOURNED TOWN MEETING HELD APRIL 22, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:52 P. M. in the Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by Monsignore Martin U. McCabe, Pastor of the Sacred Heart Church. 8 P. M. The Moderator, representing the Freedoms Foundation at Valley Forge, presented a certificate to Allan F. Kenney, Chairman of the. Board of Selectmen and Louis A. Zehner, Chairman of the Town Report Committee, and read the following: Town of Lexington, Mass., represented by Allan F. Kenney and Louis A. Zehner, receives an Honor Certificate award in the Governmental units category. __.. A concentrated and studied effort to strengthen communications between town government and the citizens it serves was successfully accomplished and resulted in a comprehensive 1972 Annual Report and an appendix for use of officers, committees, town meeting representatives and interested citizens. 8:08 P. M. Mr. Zehner expressed his thanks and that of his committee, who were introduced. 8:08 P. M. Selectmen Chairman, Allan F. Kenney, honored Mr. Zehner for his work on the Town Report in the past and presented him with a gift onbehalf of the citizens of the Town of Lexington. 8:08 P. M. Article 61. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a (See town way Tewksbury Street from Bedford Street a distance of 305 feet, Page more or less, southwesterly to Roger Greeley Village as laid out by 487) the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee ease- ment or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Tewksbury Street as is necessary, and that such amount be raised in the tax levy. 8:09 P. M. Eric T. Clarke, Chairman of the Planning Board, filed the report of the Planning Board recommending acceptance of the layout of the following streets: Nickerson Road, Carmel Circle, Tewksbury Street, Wachusett Drive, Prospect Hill Road and Holland Street; and the abandonment of Wachusett Drive and Holland Street. 8:10 P. M. Stillman P. Williams moved to amend the motion by adding the words "that the Lexington Housing Authority should be responsible for 500 of the betterment costs" but then withdrew his motion. 8:13 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 8:13 P. M. Susan S. Beck serves notice of reconsideration of Article 61. 8:13 P. M. r--a Article 62. Presented by Alfred S. Busa. (See * MOTION: That a portion of Holland Street from the accepted portion of Page Holland Street a distance of 65 feet, more or less, northwesterly as 492) shown upon a plan on file in the office of the Town Clerk dated January 15, 1974, be discontinued, and that the Selectmen be and they hereby are authorized to reconvey such discontinued portion of Holland Street to the original owners. 8:15 P. M. 4S5 Article 62. Mr. Busa stated that this land was taken in error last year. The (Cont.) land is used by the owners to park their cars. 8:15 P. M. The Planning Board Report covering this article was filed under Article 61. The question was raised regarding the accuracy of the figure of "65 feet". William J. Scouler moved that this article be tabled which was carried by voice vote. 8:22 P. M. Article 63. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:23 P. M. Article 64. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Nickerson Road from Massachusetts Avenue a distance of 1633 feet, more or less, to Massachusetts Avenue as laid out by the Select- men and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. The Planning Board Report covering this article was filed under Article 61. Motion, as presented by Mr. Busa, declared carried unanimously. 8:23 P. M. Article 65. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Carmel Circle from Nickerson Road a distance of 446 feet, more or less, southerly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. The Planning Board Report covering this article was filed under Article 61. Motion, as presented by Mr. Busa, declared carried unanimously. 8:25 P. M. Article 66. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. Carried by voice vote. 8:25 P. M. Article 67. Presented by Joseph O. Rooney. (Approved MOTION: That Section 16 of Article VI of the General By-Laws of the by Atty. Town of Lexington be amended by General 6/7/74. A. Striking therefrom the words "to any public agency or non-profit Advertised corporation or cooperative," and substituting therefor the words in Lex. "to any public agency or non-profit corporation, or to any other Minute Man person or corporation approved by the Lexington Housing Authority June 13, 20 and undertaking to provide housing on the land so sold or con- & 27, 1974.) veyed for the use of the said authority,"; and X86 Article 67. B. Striking therefrom the words "in which housing such occupants (Cont.) shall have the opportunity to acquire ownership or equity interests;" and substituting therefor the words "in which housing such occupants may have the opportunity to acquire ownership or equity interests;". 8:27 P. M. Mr. Rooney and Frank I. Michelman gave their explanation of the article and Mr. Michelman stated that he wished to have items A. and B. voted on separately. 8:33 P. M. The Moderator stated that items A. and B. would be divided for voting purposes. 8:33 P. M. Section A. Declared carried unanimously. 8:33 P. M. Section B. Declared carried unanimously. 8:33 P. M. Joseph 0. Rooney moved that Article 69 be taken up, out of order, at this time. Carried Unanimously. 8:34 P. M. Article 69. Presented by Joseph 0. Rooney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:35 P. M. Article 68. Presented by Joseph 0. Rooney. MOTION: That the sum of $21,000.00 be appropriated for defraying the expense to the Lexington Housing Authority of preparing plans, studies, surveys and estimates in connection with a program to provide housing for families of low income by means which avoid undue con- centration of assisted housing in a manner consistent with development existing in districts designated RO, RS and RT under the Zoning By-Law, and that such amount be raised in the tax levy. 8:35 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that his committee had checked the figures, felt that they were accurate and were in favor of the motion. 8:38 P. M. Elizabeth H. Clarke stated that the Committee on Suburban Responsibility unanimously favor this article. 8:40 P. M. Temple E. Scanlon, Director of the Lexington Housing Authority, will abstain from voting on this article. Motion, as presented by Mr. Rooney, declared carried unanimously. 8:40 P. M. Article 70. Presented by Sanborn C. Brown. (See * MOTION: That Article XXX of the General By-Laws of the Town of next Lexington be amended by striking out the last sentence of paragraph page three of Section 1 and substituting the following sentence therefor: for "No appointed member of the committee shall be a town employee". amended 8:42 P. M. motion.) Frank I. Michelman moved to amend the motion by substituting for the sentence "No appointed member of the committee shall be a town employee." the sentence "No such appointed member of the committee shall be a town employee." 8:50 P. M. Otis S. Brown, Jr. stated that the Permanent Building Committee were in favor of this amendment. 8:50 P. M. 41 8 7 Article 70. The Moderator called a recess at 8:50 P. M. (Cont.) The Moderator called the meeting to order at 9:08 P. M. The Moderator read Mr. Michelman's motion to amend Article 70. Mr. Michelman's motion to amend declared carried by voice vote. 9:08 P. M. Main motion, as amended, now reads: (* MOTION: That Article XXX of the General By-Laws of the Town of Amended Lexington be amended by striking out the last sentence of paragraph motion.) three of Section 1 and substituting the following sentence therefor: "No such appointed member of the committee shall be a town employee". Main motion, as amended, declared carried by voice vote. 9:09 P. M. (Approved by Atty. Gen. June 7, 1974. Advertised in Lex. Minute Man June 13, 20,27,1974 Article 71. Presented by Allan F. Kenney. MOTION: That the sum of $2,000.00 be appropriated 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 Chapter 773 of the Acts of 1973, and that such amount be raised in the tax levy. Carried by voice vote. 9:11 P. M. Susan S. Beck moved for reconsideration of Article 61. 9:12 P. M. Motion to reconsider Article 61 declared carried by voice vote. 9:17 P. M. Article 61. Stillman P. Williams moved to amend Article 61: Move that Lexington Housing Authority be petitioned to ask Department of Community Affairs (See to meet 50% of betterment costs on the Tewksbury Street improvements. Page 9:18 P. M. 484.) Mr. Williams' motion to amend is declared lost by voice vote. 9:18 P. M. Susan S. Beck moved to amend Article 61 but then withdrew her motion to amend. 9:23 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 9:29 P. M. Main motion, as presented by Mr. Busa, reads: (Motion MOTION: To establish as a town way and accept the layout of as a as town way Tewksbury Street from Bedford Street a distance of 305 feet, Passed) more or less, southwesterly to Roger Greeley Village as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee easement or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Tewksbury Street as is necessary, and that such amount be raised in the tax levy. Main motion, as presented by Mr. Busa, declared carried by voice vote. 9:30 P. M. Article 72. Presented by James M. McLaughlin. MOTION: That ARticle V of the General By-Laws of the Town of Lexington be amended by striking Section 30 and substituting therefor a new Section 30 to read as follows: "Section 30. At the request of 50 or more members, the vote on any motion shall be taken (a) in writing on a list by precinct, and for members-at-large on a list of such members, 488 Article 72. upon which each member shall record his vote and affix his signature, (Cont.) or (b) by a poll of the meeting. If (a) above is used, the signed list shall constitute the official vote of the meeting, a permanent (Approved public record of which shall be maintained by the. Clerk. A vote taken in by Atty. the manner specified in either (a) or (b) above shall be posted in the General Town Office Building for one week within 24 hours of the vote." June 7, 1974. 9:32 P. M. Advertised Renee T. Cochin, a member of the Recorded Vote Committee, gave an in Lex. explanation of the motion and the reasoning behind it. Minute Man 9:43 P. M. June 13, 20 & 27, While Norman P. Cohen, Town Counsel, acted as Temporary Moderator, -• 1974.) Moderator, Lincoln P. Cole, Jr. , spoke from the floor, not as Moderator, but as a town meeting member at large. He spoke in opposition to the "50 or more members", feeling that it should be "a majority of the members", and stated that he felt that we should stay with what we have at the present time. 9;45 P. M. Robert M. Gary moved to amend the motion by striking the words "50 or more members," and by substituting therefor the words "a majority of the members present". 9:46 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen (four to one) were in favor of the amendment. 9:50 P. M. William J. Scouler moved to amend the amendment (with the approval of Mr. Gary) by adding after the words "members present" the words "and voting". 9:58 P. M. Mr. Scouler's motion to amend the amendment declared carried by voice vote. 10:02 P. M. Voice vote on Mr. Gary's amendment, as amended by Mr. Scouler, was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Homer J. Hagedorn 5 2 11 Michael J. O'Sullivan 8 3 4 Joseph A. Campbell 12 4 9 Judith J. Uhrig 9 5 5 George F. McCormack 15 6 4 John T. Harvell 14 7 6 John R. Campbell 10 8 9 Mary E. Shunney 6 9 7 Jane P. Buckley 11 At Large 13 Howard L. Levingston 10 Totals 76 100 Mr. Gary's motion to amend, as amended by Mr. Scouler, declared lost. 10:05 P. M. Homer J. Hagedorn moved to amend the motion by striking the words "50 or more members" and substituting therefor the words "75 or more members". 10:07 P. M. Lois W. Brown moved the previous question which was declared carried by voice vote. 10:17 P. M. Mr. Hagedorn's motion to amend declared lost by voice vote. 10:17 P.M. Main motion, as presented by Mr. McLaughlin, declared carried by voice —' vote. 10:18 P. M. 489 Article 73. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. 10:18 P. M. Mr. Clarke presented, and filed, the Report of the Planning Board on Articles 73, 74, 75 and 76. Said report recommended that Articles 73, 74, 75 and 76 be indefinitely postponed. Mr. Clarke's motion to indefinitely postpone Article 73 declared carried by voice vote. 10:22 P. M. Article 74. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 74 carried by voice vote. 10:23 P. M. Article 75. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 75 carried by voice vote. 10:23 P. M. Article 76. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. _ Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 76 carried by voice vote. 10:23 P. M. Article 77. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page 491) further study and recommendations and to be presented at a future town meeting. 10:28 P. M. Mr. Clarke then withdrew his motion in order that he could speak on Articles 77 through 82 inclusive. 10:28 P. M. At the conclusion of his talk covering Articles 77 through 82 inclusive Mr. Clarke presented the following motion under Article 77: MOTION: That this article be referred to the Planning Board for further study and recommendations and to be presented at a future town meeting. Carried by voice vote. 10:33 P. M. Article 78. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented at a future 491) town meeting. Carried by voice vote. 10:34 P. M. 490 Article 79. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:34 P. M. Article 80. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:34 P. M. Article 81. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:35 P. M. Article 82. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:36 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 24, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:36 P. M. A true copy. Attest: l(a.`ime ,f 'eieA 'vvbu4 Mary R. McDonough, Town Clerk 491 ADJOURNED TOWN MEETING HELD APRIL 24, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:57 P. M. in Cary Memorial Hall. There were 185 Town Meeting Members present. The invocation was offered by Rev. Herbert R. Adams, Pastor of the Fallen Community Church. 7:58 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he would like to get a consensus of the meeting in regard to future adjourned sessions. It had been previously decided that the adjourned sessions would be held on Monday and Wednesday with the idea that the meeting would probably be dissolved before the first of May. A committment for Cary Memorial Hall for May 1, (Wednesday) had been made last January for the Glaucoma Clinic. The clinic hours are to be from 2 P. M. to 8 P. M. Mr. Kenney wondered if the meeting would be agreeable to meeting on Thursday, May 2. The Moderator asked for a sense of the meeting vote on a Monday and Thursday adjourned session for next week and, by a voice vote, it was determined that the members agreed with this suggestion. 8 P. M. Article 2. Eric T. Clarke presented the Report of the Planning Board covering Articles 77 - 82. Said articles were presented at the Adjourned (See * Town Meeting that was held on April 22, 1974. Pages 489 & Mr. Clarke moved that the report be accepted. 490.) Carried Unanimously. 8:01 P. M. Eric T. Clarke moves for reconsideration of Article 51. 8:01 P. M. Joseph A. Campbell moves the previous question which was declared lost by voice vote. 8:02 P. M. Conservation Commission Member, Howard M. Kassler, stated that the Commission would like to have this article reconsidered as they have made changes in the cost and the land to be taken. In answer to a question by Appropriation Committee Chairman, Edward E. Furash, Mr. Kassler stated that it would be less money and less land. 8:03 P. M. Motion to reconsider Article 51, as moved by Mr. Clarke, declared carried by voice vote. 8:04 P. M. Article 51. Howard M. Kassler explained that he would delete one lot and reduce the amount requested by 5,000.00. 8:05 P. M. (See ** Mr. Furash asked if it would not be proper for the amendment to be made Page at this time and then Mr. Kassler could speak on his amendment. 480) 8:08 P. M. Howard M. Kassler moved to amend Article 51 by deleting the figure $33,000.00 and substituting therefor the figure $28,000.00. 8:09 P. M. Mr. Kassler's motion to amend declared carried by voice vote. 8:14 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen oppose this article. 8:25 P. M. Edward E. Furash stated that the Appropriation Committee opposed this article. 8:36 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:37 P. M. 49`2 Article 51. Main motion, as amended, now reads: (Cont.) MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent (Main domain, upon the written request of the Conservation Commission, for motion conservation purposes including outdoor recreation as provided by as Section 8C of Chapter 40 of the General Laws, any fee, easement or amended) 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 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust; that the sum of $28,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. Standing vote on main motion, as amended, taken as follows: Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 6 2 10 Michael J. O'Sullivan 6 3 15 Joseph A. Campbell 3 4 9 Judith J. Uhrig 10 5 12 George F. McCormack 6 6 18 John T. Harvell 0 7 13 John R. Campbell 4 8 8 Mary E. Shunney 9 9 12 Jane P. Buckley 4 At large 9 Elizabeth M. Flynn 10 Totals 112 58 Less than the required two-thirds having voted in favor, the main motion as presented by Manfred P. Friedman and as amended by Howard M. Kassler is not adopted. 8:45 P. M. Alfred S. Busa moved that Article 62 be taken off the table which was carried unanimously. 8:45 P. M. Article 62. Alfred S. Busa read a substitute motion under this article as follows: MOTION: That a portion of Holland Street from the accepted portion of (See * Holland Street a distance of 31 feet, more or less, Southeasterly, as Pages shown upon a plan on file in the office of the Town Clerk dated 484 January 15, 1974 be discontinued, and that the Selectmen be and they and hereby are authorized to reconvey such discontinued portion of Holland 485) Street to the original owners. Mr. Busa's motion to substitute this motion for the one originally presented at the April 22, 1974 session was declared carried by voice vote. 8:47 P. M. Mr. Busa's substitute motion was declared carried unanimously. 8:51 P. M. Article 2. James M. McLaughlin moved that the Report of the Recorded Vote Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:52 P. M. Article 83. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended by adding there- L. , to a new Section 38 as set forth in this Article, and including an additional Section 38.14 to read as follows: "38.14 New Site Development Plans In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site development plans presented at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall Article 83. first be presented to and receive the approval of the Town Meeting (Cont.) by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals." 8:53 P. M. Mr. Clarke presented and filed the Report of the Planning Board on Articles 83 and 84. 8:58 P. M. Erik Lund stated that he would abstain from voting on this article and on the Drummer Boy article which would be coming up later as he had been hired to work on these proposals. 9:02 P. M. Frank Sandy moved to amend the motion under Article 83 by: 1) inserting after the words "dwelling unit density" in the last sentence of section 38.13 the words ", total floor area" so that the sentence reads "The said plans should show the proposed dwelling unit density, total floor area and the extent of open space or should be accompanied by a tabulation of the same". 2) adding after the words "shall not permit any increase in dwelling unit density" in the second sentence of section 38.21 the words ", nor shall it permit an increase greater than 10% in the total floor area," so that the sentence reads "The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. 9:08 P. M. Mr. Clarke stated that the Planning Board is neither for or against this amendment. 9:17 P. M. Voice vote on Mr. Sandy's amendment is doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 8 2 6 Michael J. O'Sullivan 10 3 16 Joseph A. Campbell 1 4 4 Judith J. Uhrig 14 5 5 George F. McCormack 12 6 12 John T. Harvell 6 7 15 John R. Campbell 2 8 6 Mary E. Shunney 14 9 14 Jane P. Buckley 3 At large 7 Elizabeth M. Flynn 13 Totals 90 83 Motion to amend, as presented by Mr. Sandy, adopted. 9:20 P. M. John F. Downey, Jr. moved the previous question which was declared carried by voice vote. 9:22 P. M. (Motion Main motion, as set forth in the warrant and as amended, reads as as follows: set forth MOTION: To amend the Zoning By-Law by adding thereto a new Section 38 in the as follows: Warrant and as Section 38: Multi-Dwelling District - RD amended) 38.11 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RD districts contained within the geograph- ical limits of the RS district, as defined in Subsection 22.2 shall be the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those of the RO districts. 494 Article 83. 38.12 General Objectives. The RD District is intended to allow (Cont.) greater flexibility in land use planning for the development of tracts of land of greater than ten acres, in terms of density, preservation of open spaces, utilization of natural features, provision of munici- pal services and providing a variety of housing types and styles; to ensure that site development plans will be presented to the Town Meeting in connection with a proposal to rezone a tract of land to RD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. 38.13 Town Meeting Presentation. The site development plans presented to the Town Meeting for the proposed development should show in a general manner, but drawn to scale, the proposed locations, types, floor plans and exterior materials for proposed buildings and other structures, proposed locations and dimensions of streets, drives, parking areas and other paved areas, the proposed grading, drainage system, and location of major utilities in the vicinity of the develop- ment, and the proposed location of open space. The said plans should show the proposed dwelling unit density, total floor area and the extent of open space or should be accompanied by a tabulation of the same. 38.14 New Site Development Plans. In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site development plans presented at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall first be presented to and receive the approval of the Town Meeting by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals. 38.2 Special Permit Provisions. The Board of Appeals may grant a special permit for the development of any tract of land greater than ten acres in an RD district, subject to the following standards: 38.21 The special permit shall incorporate by reference building design and site development plans filed by the developer together with its application for special permit and such site development plans will be expected to conform substantially to the site development plans ..,... presented to the Town Meeting. The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to the Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. In no event shall dwelling unit density in an RD district exceed nine dwelling units per acre. 38.22 The Board of Appeals may require dwelling unit density to be less than that shown on the site development plans presented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of usable open space. 38.23 Permissible housing types include all single and multiple- occupancy housing types used for human occupancy , including condominiums. 38.24 Any development permitted in an RD district shall comply with the Schedule of Dimensional Controls for RD districts set out in section 27 of this By-Law. —, 38.25 Any development permitted in an RD district shall comply with Design Standards set out in the Planning Board's Rules and Regulations ,•••••a governing the subdivision of land. Interior drives within an RD devel- opment shall be designed to such street standards as the Planning Board may require in accordance with such Rules and Regulations. In granting a special permit, the Board of Appeals may rely upon the Planning Board's statement that the developer's plans comply with such Design Standards. 495 Article 83. 38.26 There shall be provided at least 1/ parking spaces per dwelling (Cont.) unit, located in parking lots or in garages or under or within buildings which contain dwelling units. 38.27 At least 25 percent of the total area of such tract shall, except as provided below, remain unbuilt upon and set aside for conservation, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may either be conveyed to and accepted by the Town or its Conservation Commission or conveyed to a legal association comprised of the homeowners within such tract. Such open land shall be included in the total tract area for the purpose of computing dwelling unit density of the tract. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to insure its perpetual use as conservation, recreation or park land or buffer area. A maximum of 20 percent of such open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land. 38.28 The Board of Appeals may permit the construction and use of facilities such as a community center or recreation center, including without limitation, swimming and tennis facilities, primarily for the use of residents of the tract, if the Board determines that the in- clusion of such facilities would be appropriate by reason of such factors as the size of the tract, the number of its residents and its geographical location. 38.29 In granting a special permit, the Board of Appeals shall impose as a conditon thereof that the installation of municipal services and construction of interior drives within the RD development shall comply with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of Land; and may impose such additional conditions and safeguards as public safety, welfare and convenience ..s may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of the date of the special permit, unless the Board of Appeals upon application extends this time. 38.3 Amendment of Special Permit. The Board of Appeals upon appli- cation by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out. 38.4 Application Requirements. The application to the Board of Appeals for a special permit under this section shall be accompanied by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 38.41 Plan of the tract showing topography, soil culture, existing streets and structures within and contiguous to the tract. 38.42 Where a subdivision of land is involved, a preliminary subdivision plan, which may be combined with the plan required under the preceding paragraph. 38.43 Site development plans showing the proposed grading of the tract and the proposed locations, dimensions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 38.44 Preliminary architectural drawings for building plans including typical floor plans, elevations and sections. 38.45 A tabulation of proposed buildings by type, size (number of bedrooms, floor area) , ground coverage and summary showing the percent- ages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the amount of open space. 496 Article 83. 38.5 Planning Board Report and Recommendations. (Cont.) The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 38.51 A general description of the tract in question and surrounding areas. 38.52 An evaluation of the probable impact of the proposed develop- ment on Town services and facilities. 38.53 A review of the proposed development, including such aspects -_ as the type or style of buildings, the size of development (number of dwelling units) and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 38.54 An opinion of the Planning Board whether the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 38.55 A statement that the developer's plans comply with the Design Standards of the Planning Board's Rules and Regulations Governing the Subdivision of Land. Wherever such plans do not comply, the Planning Board's report shall so state. 38.56 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 38.6 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for RD district devel- opment until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 38. 7 Denial of Special Permit. The Board of Appeals may deny an application for special permit hereunder and base its denial upon: 38.71 A failure to meet the standards established by sections 38.2 hereof. 38.72 A finding that the proposed development would not be consistent with the general objectives of RD district development. 38.73 A finding that the proposed development does not substantially conform to the plans for the development of the tract presented to the Town Meeting in connection with the proposed rezoning of the tract to RD. 38.8 Compliance with Other Rules and Regulations. Nothing contained herein shall in any way exempt a proposed subdivision in an RD district from compliance with the rules and regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without modifications, or dis- approve a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 38.9 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this section and where applicable, the approval of a definitive subdivision plan by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accordance with the sub- mission accompanying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. 49 Article 83. 38.10 Severability. In the event that any portion of the special (Cont.) permit procedure established herein shall later be invalidated, whether by judicial decree or otherwise, special permits previously (Approved issued by the Board of Appeals hereunder shall remain valid. by Atty. Gen. , Standing vote on main motion, as amended and as set forth in the Robert H. warrant, taken as follows: Quinn June 19, '74) Precinct In Favor Tellers Opposed Advertised in Lex. 1 7 Herbert R. Adams 0 Min. Man., 2 16 Michael J. O'Sullivan 0 July 25, 3 17 Joseph A. Campbell 1 Aug. 1 4 12 Judith J. Uhrig 5 & 8, 1974) 5 19 George F. McCormack 0 6 18 John T. Harvell 0 7 17 John R. Campbell 0 8 20 Mary E. Shunney 0 9 16 Jane P. Buckley 0 At large 20 Elizabeth M. Flynn 0 162 6 More than the required two-thirds having voted in favor, the main motion, as set forth in the warrant and as amended, is adopted. 9:25 P. M. The Moderator called a recess at 9:26 P. M. The Moderator called the meeting to order at 9:45 P. M. Article 84. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article. E, 9:45 P. M. (Approved Planning Board Report covering Article 84 was filed under Article 83. by Atty. Gen. , Robert H. Motion as set forth in the article in the warrant as follows: Quinn, June 19, MOTION: To amend the Zoning By-Law as follows: 1974. A. By adding at the end of subsection 20.1 entitled Residence Advertised Districts the following new designation: in Lex. Min. Man. , RD - Multi Dwelling Districts July 25, Aug. 1 & 8, B. By inserting in Section 25 - USE REGULATION SCHEDULE - between the 1974.) columns headed RT and RM a new column headed RD and having the same symbols opposite the various use designations as now appear in the column headed RM except for the following: 25.11 - SPS; 25.80 - SP; 25.82 - SP; and by inserting a new Subsection 25.16 - Multi-unit dwellings, with the following entries under each column heading: RO/RS RH RT RD RM CR CH CM CO CS CN CG CB No No No SPS No No No No No No No No No C. By replacing in Section 27 - SCHEDULE OF DIMENSIONAL CONTROLS - the column heading entitled RM with a new column heading entitled RM & RD; and by replacing footnote (a) with the following new footnote: a. Minimum lot areas in RM districts shall be 3,000 sq. ft. per dwelling unit containing one room used for sleeping; 3,500 sq. ft. per unit with two such rooms; and 4,000 sq. ft. per unit with three or more such rooms. Minimum lot area in RD dis- tricts shall be 10 acres. 9h Article 84. D. By adding in Subsection 32.1 SCHEDULE OF REQUIRED PARKING AND (Cont.) LOADING after the line headed "Garden apartments" the following entries under the appropriate column headings: USE DISTRICT REQUIRED PARKING Multi-unit dwellings RD 11 parking spaces per dwelling unit E. By adding the district designation RD in that column heading of subsection 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING now reading RO, RS, RT, RM, RH, so that the heading shall read RO, RS, RT, RM, RH, RD. r-N Motion, as set forth in the article in the warrant, declared carried unanimously. 9:46 P. M. Article 85. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board, to make studies of wet areas, such studies to include, but not be limited to hydrological studies, soil studies, water table analysis, and drainage characteristics, and that such amount be raised in the tax levy. 9:47 P. M. Edward E. Furash stated that the Appropriation Committee recommends passage of Articles 85, 86 and 87. 9:50 P. M. Motion, as presented by Mr. Clarke, carried by voice vote. 9:53 P. M. Albert P. Zabin moved for reconsideration of Article 83 which was declared lost �-s by voice vote. 9:57 P. M. Article 86. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional consult- ants and for expenses incurred by the Planning Board, to develop town-wide goals and objectives to be utilized as the basis for the updating and revision of the Lexington Master Plan, and that such amount be raised in the tax levy. 9:58 P. M. After discussion by various speakers, James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:07 P. M. Motion, as offered by Mr. Clarke, declared carried by voice vote. 10:08 P. M. Article 87. Presented by Eric T. Clarke. MOTION: That the sum of $10,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board, to make general planning studies of such matters, but not limited to, recreational facilities, downtown parking, bicentennial, fringe parking areas, and transportation, and that such amount be raised in the tax levy. 10:08 P. M. Charles F. Gallagher, Jr. stated that the Recreation Committee supports this article. 10:12 P. M. Edward E. Furash stated that the Appropriation Committee supports this article. 10:13 P. M. gilt Article 87. Renee Cochin moved to amend Article 87 by deleting the amount of 499 (Cont.) $10,000.00 and substituting therefor the amount of $20,000.00. 10:13 P. M. Mr. Furash stated that the Appropriation Committee feels that $10,000.00 is enough and do not recommend appropriating $20,000.00. 10:17 P. M. Voice vote, on Mrs. Cochin's amendment, doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 3 Michael J. O'Sullivan 12 3 13 Joseph A. Campbell 4 4 7 Judith J. Uhrig 11 5 7 George F. McCormack 13 6 10 John T. Harvell 8 7 11 John R. Campbell 6 8 5 Mary E. Shunney 15 9 5 Jane P. Buckley 10 At large 5 Elizabeth M. Flynn 15 Totals 70 103 Mrs. Cochin's motion to amend is not adopted. 10:26 P. M. Main motion, as presented by Mr. Clarke, declared carried by voice vote. 10:27 P. M. Article 88. Presented by Edward E. Furash. MOTION: That this article be indefinitely postponed. 10:27 P. M. Mr. Furash stated that a compromise had been made between the Appropriation Committee and the Board of Selectmen and that an Advisory Personnel Board was to be appointed by the Selectmen from a list of nine names submitted by the Appropriation Committee. 10:28 P. M. Chairman of the Board of Selectmen, Allan F. Kenney, stated that the Selectmen had appointed the following members to the Advisory Personnel Board: Paul C. Sidman 2 Winchester Drive John B. Butler 44 North Street W. Neil Chapman 6 Patriots Drive Nicholas A. LaFauci 112 Kendall Road William F. McGonagle 28 Watertown Street 10:28 P. M. Motion to indefinitely postpone Article 88, as offered by Mr. Furash, declared carried unanimously. 10:29 P. M. Article 89. Presented by Allan F. Kenney. MOTION: That the General By-Laws of the Town of Lexington be amended as set forth in the report and recommendations of the Selectmen dated February 11, 1974 and filed with the Town Clerk except that the words "other than the Town Comptroller" be deleted from Section 1 of Article XIV of the General By-Laws relating to the Capital Expenditures Committee. 10:30 P. M. R (Report and recommendations of the Selectmen dated February 11, 1974 as filed with the Town Clerk on February 20, 1974. E REPORT AND RECOMMENDATIONS OF THE BOARD OF SELECTMEN RELATING TO P ARTICLE 89 OF THE WARRANT FOR THE 1974 ANNUAL TOWN MEETING 0 The Board of Selectmen recommend the following amendments to the General By-Laws of the Town of Lexington in order to make them compatible R with the provisions of Chapter 753 of the Acts of 1968 (the Town Manager Act) . T 500 Article 89. A. Article VI - Selectmen (Cont.) a. Recommendation: Delete sections 4, 5 and 6 of Article VI dealing with the Police Department and special policemen and policewomen. Reason: The Town Manager appoints the Police Chief. The Town Manager is responsible for the efficient administration of all officers appointed by him and their respective departments. With the approval of the Selectmen, the Town Manager formulates personnel practices and standards. He also appoints all other employees of the Town. b. Recommendation: Delete sections 9 and 10 of ARticle VI dealing with the Town Office Building. Reason: The Town Manager has jurisdiction over the rental and use of all town property. c. Recommendation: Delete all words after the word "holidays" in section 11 of Article VI. The section will read as follows: R "That portion of the Town Office Building which is occupied by the officers of the Board of Selectmen, or Board of Public E Works, the Town Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction P of business for eight hours each week day, except holidays." O Reason: The Town Manager has jurisdiction here. R d. Recommendation: Delete section 12 of Article VI and substitute therefor the following: "The Town Manager may, with the T approval of the Selectmen, sell any personal property or material no longer required and not exceeding one thousand dollars in value." Reason: The Town Manager has responsibility for personal property and materials. The three hundred dollar limit in the current by-law is thought to be too low at today's prices. Town meeting action is required in order to dispose of property valued in excess of three hundred dollars. This amendment will make such action unnecessary with respect to property valued under one thousand dollars. e. Recommendation: Renumber the remaining sections of Article VI from 1 to 11 in the order they appear. B. Article VII - Town Clerk a. Recommendation: Delete the first sentence of section 1 of Article VII. Reason: The Town Manager appoints the Town Clerk. C. Article VIII - Town Treasurer a. Recommendation: Delete section 1 of ArticleVIII and substitute therefor the following: "The Town Treasurer shall give bond annually for the faithful performance of his duties in an amount not less than required by law as recommended by the Town Manager with the approval of the Selectmen." Reason: The Town Manager appoints the Town Treasurer. The amount of bond is set by the Town Manager with the approval of the Selectmen. D. Article XIII - Appropriation Committee a. Recommendation: Delete section 1 of Article XIII and substitute therefor the following: "Section 1. The Town shall have a committee called the Appropriation Committee, which shall consider any and all municipal questions for the purpose of making reports or recommendations thereon to the Town. Article 89. D. a. Such committee shall consist of nine voters of sound (Cont.) (Cont.) business experience or good judgment and the Town Comptroller, who shall ex-officio be a member of the Committee but without a vote. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other Town official, board, committee or commission, except that he may serve on the joint school committee-teacher's salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to so serve." TReason: The Town Manager Act specifically deals with multiple offices and this provision has been incorporated into the proposed new section. b. Recommendation: Delete section 2 of Article XIII and substitute therefor the following: "Section 2. Each member of the committee shall be appointed by the Moderator to serve for a term of three years. The term of one-third of the members of the committee shall expire each year at the final adjournment of the annual town meeting. The Moderator shall, promptly after the final adjournment of each annual town meeting, appoint a successor for any member of the committee whose term expires that year and shall, promptly R after any vacancy occurs in the committee, appoint a successor to fill that vacancy for the unexpired term of his predecessor. If any member of the committee ceases to be a resident of the Town, or accepts any position that would have made him ineli- gible for appointment to the committee, he shall forthwith cease to be a member of the committee." 0 Reason: Under the Town Manager Act the Moderator appoints the R Appropriation Committee. T E. Article XIV - Capital Expenditures Committee a. Recommendation: Delete the first paragraph of section 1 of Article XIV and substitute therefor the following: "Section 1. The Town shall have a Capital Expenditures Committee consisting of five voters of the Town appointed for a term of three years each, the terms of no more than two of which shall expire in any one year. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other town official, board, committee or commission except that he may serve on the joint school committee-teachers' salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to serve." Reason: The Town Manager Act specifically deals with multiple offices and this provision has been incorporated into the proposed new section. F. Article XVI - Recreation Committee a. Recommendation: Delete section 1 of Article XVI and substitute therefore the following: "Section 1. The Town shall have a Recreation Committee. It shall consist of five voters of the Town. Upon the expira- tion of the term of a member, a successor shall be appointed for a term of three years. Terms shall expire on April thirtieth, except that members shall continue in office until their succes- sors have been duly appointed and qualified." Reason: The Town Manager appoints the Recreation Committee. 502 Article 89. F. b. Recommendation: Delete section 4 of Article XVI. (Cont.) Reason: The powers enumerated in section 4 are the responsibility of the Town Manager. c. Recommendation: Renumber section 5 of Article XVI to section 4 and delete the last phrase "to the Board of Selectmen." Reason: The Town Manager is the appointing authority and has responsibility in this area. G. Article XVIII - Civil Defense a. Recommendation: Delete section 2 of Article XVIII and substi- tute therefor the following: "Section 2. Director of Civil Defense. The department shall be under the direction of the director of civil defense (hereinafter called the "director") . The director shall have R direct responsibility for the organization, administration and operation of the department. The director shall also E have authority, to accept and receive on behalf of the town, subject to approval of the Board of Selectmen, services, P equipment, supplies, materials or funds by way of gift, grant or loan for purposes of civil defense, offered by the federal O government or any agency or officer thereof or any person, firm or corporation subject to the terms of the offer and the R rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all T matters relating to such gifts, grants or loans." Reason: The Town Manager appoints the director of civil defense and district coordinators and provides the direction and control. H. Article XIX - Gas Inspector a. Recommendation: Delete sections 1 and 2 of Article XIX and substitute therefor the following: "Section 1. The Town shall have an inspector of gas piping and gas appliances in buildings, to be known as the Gas Inspector, who shall be appointed annually in April and who shall hold office for a term expiring on the thirtieth day of April in the following calendar year and until his successor is appointed and qualified. He shall have had at least ten years of practical experience in gas fitting. The duties of the Gas Inspector shall be the enforcement of the rules and regulations adopted by the Board established under Section 12H of Chapter 25 of the General Laws, and any acts in amendment thereof and in addition thereto. The Gas Inspector may, so far as is necessary for the performance of his duties, enter any building within the Town at any reasonable hour." "Section 2. One or more assistant gas inspectors may be appointed to act in the absence or disability of the Gas Inspector and, while so acting, each of them shall have and may exercise all of the powers and duties of the Gas Inspector. Assistant gas inspectors shall have the same qualifications as set forth for the Gas Inspector. The Gas Inspector shall not be interested in any building contract in the Town or have any interest in the furnishing of materials for any building therein; provided, however, that he may, with the written approval of the Selectmen, have such interest if he wholly refrains from acting as Gas Inspector in the particular case. In each such case, an assistant gas inspector or a disinterested substitute gas inspector shall be appointed to act therein, with all the powers and duties of the Gas Inspector." Reason: The Town Manager appoints the Gas Inspector and assistants and determines salaries. 006 Article 89. I. Article XX - Town Counsel (Cont.) a. Recommendation: Delete the first paragraph of section 2 of Article XX and substitute therefor the following: (Refer to "Board of Selectmen" rather than "Said Board" at the beginning of the second paragraph of section 2.) "Section 2. No claim or action against the Town, unless reduced to the form of an execution or decree of court, shall be compromised or settled by the payment of any amount in excess of one thousand dollars, without a special vote of the Town." Reason: The remainder of this paragraph would be deleted because the Town Manager, with the approval of the Selectmen, R has the authority to prosecute, defend or compromise all litigation to which the Town is a party. E b. Recommendation: Delete section 5 of Article XX and substitute P therefor the following: O "The Town Counsel shall, unless otherwise directed by the Town Manager with the approval of the Selectmen, prosecute or R defend all cases and proceedings to which the Town is a party. He shall also prosecute, unless otherwise directed by the T Town Manager with the approval of the Selectmen, all cases for the breach or violation of the by-laws of the Town." Reason: The Town Manager, with the approval of the Selectmen, has the authority to prosecute, defend or compromise all litigation to which the Town is a party. J. Article XXX - Permanent Building Committee a. Recommendation: Renumber this article from XXX to XVII and renumber all articles beginning with the present XVII accordingly. Reason: The Permanent Building Committee by-law should be included with other by-laws relating to Town Committees. BOARD OF SELECTMEN /s/ Allan F. Kenney /s/ Fred C. Bailey /s/ Alfred S. Busa /s/ Natalie H. Riffin /s/ Sanborn C. Brown February 11, 1974) A Patricia K. Hagedorn moved to amend the motion offered by Mr. Kenney M to add: and that the last phrase "to the Board of Selectmen" be E retained in Section 5, Article XVI. N 10:32 P. M. D M Mrs. Hagedorn's motion to amend declared carried by voice vote. E 10:37 P. M. N T Weiant Wathen-Dunn moved to amend Article 89 by adding to the revised S Article VI, Section 11, the words: "and Saturdays." 10:38 P. M. Mr. Kenney said that the Selectmen do not object to this motion. 10:38 P. M. Mr. Wathen-Dunn's motion to amend declared carried by voice vote. 10:42 P. M. 504 Article 89. Robert I. Rotberg moved to amend Article 89 by inserting in Article (Cont.) XX, Section 5 the words "However, Town Counsel shall defend or prosecute on behalf of the School Committee at the request of a majority of the School Committee." This motion was ruled as beyond the scope of the original motion by the Moderator. 10:47 P. M. John Deutch moved the previous question which was declared carried by voice vote. 10:47 P. M. Main motion, as amended, now reads: MOTION: To amend the General By-Laws of the Town of Lexington as A follows: I N A. Article VI - Selectmen a. Delete sections 4, 5 and 6 of Article VI dealing with the Police M Department and special policemen and policewomen. 0 T b. Delete sections 9 and 10 of Article VI dealing with the Town I Office Building. 0 N c. Delete all words after the word "holidays" in section 11 of Article VI. The section will read as follows: "That portion of the Town Office Building which is occupied by the officers of A the Board of Selectmen, or Board of Public Works, the Town S Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction of business for eight hours each week day, except holidays and Saturdays." A M d. Delete section 12 of Article VI and substitute therefor the E following: "The Town Manager may, with the approval of the N Selectmen, sell any personal property or material no longer D required and not exceeding one thousand dollars in value." E D e. Renumber the remaining sections of Article VI from 1 to 11 in the order they appear. B. Article VII - Town Clerk (Approved a. Delete the first sentence of section 1 of Article VII. by Atty. General, C. Article VIII - Town Treasurer June 7, 1974. a. Delete section 1 of Article VIII and substitute therefor the following: "The Town Treasurer shall give bond annually for the Advertised faithful performance of his duties in an amount not less than in Lex. required by law as recommended by the Town Manager with the Minute Man approval of the Selectmen." June 13, 20 & 27, D. Article XIII - Appropriation Committee 1974.) a. Delete section 1 of Article XIII and substitute therefor the following: "Section 1. The Town shall have a committee called the Appro- priation Committee, which shall consider any and all municipal questions for the purpose of making reports or recommendations thereon to the Town. Such committee shall consist of nine voters of sound business experience or good judgment and the Town Comptroller, who shall ex-officio be a member of the Committee but without a vote. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other Town official, board, committee or commission, except that he may serve on the joint school committee-teacher's salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to so serve." 505 Article 89. D. b. Delete section 2 of Article XIII and substitute therefor the (Cont.) following: "Section 2. Each member of the committee shall be appointed by the Moderator to serve for a term of three years. The term of one-third of the members of the committee shall expire each year at the final adjournment of the annual town meeting. The Moderator shall, promptly after the final adjournment of each annual town meeting, appoint a successor for any member of the committee whose term expires that year and shall, promptly after any vacancy occurs in the committee, appoint a successor to fill that vacancy for the unexpired term of his predecessor. If any member of the committee ceases to be a resident of the Town, or accepts any position that would have made him ineligible for appointment to the committee, he shall forthwith cease to be a member of the committee." M A E. Article XIV - Capital Expenditures Committee I N a. Delete the first paragraph of section 1 of Article XIV and substitute therefor the following: "Section 1. The Town shall have a Capital Expenditures M Committee consisting of five voters of the Town appointed for O a term of three years each, the terms of no more than two of T which shall expire in any one year. No member of the Committee I shall be a town officer or a town employee, other than town O meeting member, nor shall he serve on any other board, committee N or commission of the Town or any subcommittee appointed by any other town official, board, committee or commission except that he may serve on the joint school committee-teachers' salary advisory committee or special committees which may be created A from time to time by vote of the town meeting when such vote S expressly authorizes him to serve." F. Article XVI - Recreation Committee A a. Delete section 1 of Article XVI and substitute therefore the M following: E N "Section 1. The Town shall have a Recreation Committee. It D shall consist of five voters of the Town. Upon the expiration E of the term of a member, a successor shall be appointed for a D term of three years. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. " b. Delete section 4 of Article XVI. c. Renumber section 5 of Article XVI to section 4. G. Article XVIII - Civil Defense a. Delete section 2 of Article XVIII and substitute therefor the following: "Section 2. Director of Civil Defense. The department shall be under the direction of the director of civil defense (herein- after called the "director") . The director shall have direct responsibility for the organization, administration and operation of the department. The director shall also have authority, to accept and receive on behalf of the town, subject to approval of the Board of Selectmen, services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans." 506 Article 89. H. Article XIX - Gas Inspector (Cont.) a. Delete sections 1 and 2 of Article XIX and substitute therefor the following: "Section 1. The Town shall have an inspector of gas piping and gas appliances in buildings, to be known as the Gas In- spector, who shall be appointed annually in April and who shall hold office for a term expiring on the thirtieth day of April in the following calendar year and until his successor is appointed and qualified. He shall have had at least ten years of practi- cal experience in gas fitting. The duties of the Gas Inspector shall be the enforcement of the rules and regulations adopted by the Board established under Section 12H of Chapter 25 of the M General Laws, and any acts in amendment thereof and in addition A thereto. The Gas Inspector may, so far as is necessary for the I performance of his duties, enter any building within the Town at N any reasonable hour." "Section 2. One or more assistant gas inspectors may be appointed to act in the absence or disability of the Gas M Inspector and, while so acting, each of them shall have and may O exercise all of the powers and duties of the Gas Inspector. T Assistant gas inspectors shall have the same qualifications as I set forth for the Gas Inspector.. O -- N The Gas Inspector shall not be interested in any building contract in the Town or have any interest in the furnishing of materials for any building therein; provided, however, that he may, with the written approval of the Selectmen, have such A interest if he wholly refrains from acting as Gas Inspector in S the particular case. In each such case, an assistant gas inspector or a disinterested substitute gas inspector shall be appointed to act therein, with all the powers and duties of the Gas Inspector." A I. Article XX - Town Counsel M E a. Delete the first paragraph of section 2 of Article XX and sub- N stitute therefor the following: (Refer to "Board of Selectmen" D rather than "Said Board" at the beginning of the second para- graph of section 2.) D "Section 2. No claim or action against the Town, unless reduced to the form of an execution or decree of court, shall be compromised or settled by the payment of any amount in excess of one thousand dollars, without a special vote of the Town." b. Delete section 5 of Article XX and substitute therefor the following: "The Town Counsel shall, unless otherwise directed by the Town Manager with the approval of the Selectmen, prosecute or defend all cases and proceedings to which the Town is a party. He shall also prosecute, unless otherwise directed by the Town Manager with the approval of the Selectmen, all cases for the breach or violation of the by-laws of the Town." J. Article XXX - Permanent Building Committee a. Renumber this article from XXX to XVII and renumber all articles beginning with the present XVII accordingly. Motion, as offered by Allan F. Kenney and as amended by Mrs. Hagedorn and Weiant Wathen-Dunn, declared carried by voice vote. 10:48 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 29, 1974 at 7:45 P. M. in the Cary Memorial Hall. 10:48 P. M. 507 J. Keith Butters moved to amend the motion so that the motion would be that the meeting would adjourn to Monday, April 29, 1974 at 7:30 P. M. in the Cary Memorial Hall and the Monday, April 29th meeting would adjourn to Wednesday, May. 1, 1974 at 8:30 P. M. 10:52 P. M. Mr. Butters stated that he, as well as some other members, had already made plans for Thursday, May 2, 1974 and feels that the adjourned session should be held on Wednesday, May 1, 1974 as had been previously planned. He set the time for 8:30 P. M. in order to allow time to set up the hall after the Glaucoma Clinic. 10:52 P. M. r-- Joseph 0. Rooney stated that he would obtain the services of some of the Lions Club members to help with the setting up of the hall. 10:53 P. M. It was suggested that the Estabrook Hall be used for the Glaucoma Clinic but the Town Manager, Walter C. O'Connell felt that this would not be too convenient for some of the older people using the services of the clinic, although it could be done, and parking could also create a problem. 10:53 P. M. William T. Spencer asked if Mr. Butter's motion could be divided and the Moderator stated that it could, and would be divided for voting purposes. 10:55 P. M. Mr. Kenney stated that the Selectmen had already set up appointments for Monday evening and that the 7:30 P. M. start for the adjourned session of the town meeting would prove a hardship to his board. The Moderator stated, that, although a town meeting would be adjourned to a time certain, he would not call the meeting to order if a major board, such as the Board of Selectmen, was not present, assuming that the board would be in attendance momentarily and the meeting could then be called to order. 10:56 P. M. The first part of Mr. Butter's motion - motion that the meeting be adjourned to Monday, April 29, 1974 at 7:30 P. M. in the Cary Memorial Hall was declared carried by voice vote. 10:57 P. M. As the town meeting members started to leave the Moderator stated that the meeting was not yet adjourned and asked for a sense of the meeting vote regarding a Wednesday or Thursday adjourned session next week. It was the sense of the meeting, by voice vote, that the members preferred the Wednesday meeting. Mr. Kenney stated that it would be established that next Wednesday would be the meeting date. Voice vote was taken on the motion to adjourn to Monday, April 29, 1974 at 7:30 P. M. in Cary Memorial Hall. Carried by voice vote. 11:01 P. M. A true copy. Attest: ---41A4.f. if U 7' a Mary R. McDonough, Town Clerk 508 ADJOURNED TOWN MEETING - APRIL 29, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:30 P. M. in the Cary Memorial Hall. As there was not a quorum preset, the Moderator called a recess at 7:30 P. M. The Moderator called the meeting to order at 7:52 P. M. There were 191 Town Meeting Members present. The invocation was offered by Rabbi Joel H. Meyers of the Temple Emunah. 7:53 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he would like to speak about the date of the adjournment of this meeting. At the April - 25, 1974 adjourned session a sense of the meeting vote was taken showing that the town meeting members were in favor of holding an adjourned session on Wednes- day, May 1, 1974. Mr. Kenney stated that the Glaucoma Clinic had a long term contract to use Cary Memorial Hall on May 1, 1974 and that they had advertised and mailed postcards to the citizens of the town. Mr. Kenney stated that the town meeting had the following options: to meet on Wednesday night as usual; meet on Wednesday night at 9 P. M. ; meet on Thursday night May 2; meet on Monday night May 6. 7:55 P. M. Abraham Wise, Lion's Club member who is in charge of the Glaucoma Clinic, stated that the arrangements for the use of Cary Hall on May 1, 1974 had been made in May 1973, that 7,500 post cards had been mailed to each homeowner and, as of late this afternoon, 350 appointments had been made. Last year 568 residents had taken advantage of this clinic, 50% being senior citizens. Mr. Wise offers the following suggestions to the meeting: change Wednesday, May 1 meeting to Monday, May 6; delay time of meeting to 8:30 or 9 P. M. ; have the town meeting in the high school auditorium. 7:59 P. M. Mr. Kenney answered that if the meeting started at 8:30 P. M. on May 1 the Glaucoma Clinic would have to be held in Estabrook Hall. 8 P. M. The Moderator _felt- that the town meeting would defer to the wishes of the clinic organization and meet on Thursday or Monday next. 8 P. M. James M. McLaughlin moved that when this meeting adjourns tonight, that it be adjourned to next Monday, May 6, 1974 at 7:45 P. M. Carried by voice vote. 8:01 P. M. The Moderator stated that when the motion to adjourn is made tonight that the meeting would adjourn to Monday, May 6, 1974 at 7:45 P. M. 8:02 P. M. Lois W. Brown moved for reconsideration of the motion to adjourn. 8:03 P. M. Mrs. Brown stated that the Planning Board had hearings set up for next Monday evening and also a meeting with the Board of Selectmen. 8:03 P. M. Lilah H. Groisser stated that the high school would be used for rehearsal of a play on next Wednesday and Thursday evenings, therefore it would not be possible to use the school for town meeting. 8:04 P. M. John Deutch moved the previous question which was declared carried by voice vote. 8:05 P. M. Reconsideration of the adjournment motion declared carried by voice vote, which was doubted, so standing vote taken as follows: 509 Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 10 2 9 Michael J. O'Sullivan 4 3 11 Joseph A. Campbell 4 4 6 Judith J. Uhrig 11 5 7 George F. McCormack 7 6 8 John T. Harvell 8 7 12 John R. Campbell 6 8 7 Mary E. Shunney 10 9 10 Jane P. Buckley 3 At large 9 Howard L. Levingston 8 -' Totals 83 71 Reconsideration of adjournment motion prevails. 8:09 P. M. Allan Green feels that the meeting should stand by the sense of the meeting vote that was taken last Wednesday (the sense of the meeting vote that was taken at the beginning of the meeting) and moved that the meeting, when adjourning this evening, be adjourned to Thursday, May 2, 1974 at 7:45 P. in the Cary Memorial Hall. 8:10 P. M. Mr. Green's motion declared carried by voice vote. 8:10 P. M. The Moderator stated that the motion on the floor now is that when this meeting is adjourned that it be adjourned to Thursday, May 2, 1974 at 7:45 P. M. in Cary Memorial Hall. Motion declared carried by voice vote. 8:10 P. M. Article 90. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized and requested to petition the General Court, on behalf of the Town, for special legislation amending the third paragraph of Section 1 of Chapter 753 of the Acts of 1968 by substituting therefor a paragraph in substantially the following language, such legislation to provide that it will take effect only after it has been submitted to the voters at a subsequent annual town election and has been approved by a majority of those voting upon the question: When a vacancy or vacancies occur in the membership of the School Committee or the Board of Selectmen, the remaining members of the committee or board in which the vacancy or vacancies have occurred shall give notification thereof to the Town Clerk, and said remaining members together with the Town Moderator shall meet publicly not less than two nor more than three weeks after such notification to appoint a person or persons to fill such vacancy or vacancies. A majority of the votes of the said remaining members and Town Moderator shall be necessary to such appointment. A person so appointed shall hold office until the next annual election at which time the voters shall elect a person or persons to fill the remainder of the unexpired term or terms, if any. Provided, however, that if such vacancy or vacancies occur less than one hundred days prior to the annual election and not less than three members of such committee or board remain in office, the vacancies shall remain unfilled until such annual election. 8:13 P. M. Robert I. Rotberg offered the following substitute motion: MOTION: That the selectmen be and they hereby are authorized and requested to petition the General Court, on behalf of the Town, for special _legislation amending the third paragraph of Section 1 of Chapter 753 of the Acts of 1968 by�stituting therefor a paragraph or paragraphs in substantially the following language, such legislation to provide that it will take effect only after it has been submitted to the voters at a subsequent annual town election and has been approved by a majority of those voting upon the question. A vacancy or vacancies occurring in the membership of the school committee or the board of selectmen shall be filled by vote of a special town meeting in the following manner, except that if the vacancy or vacancies occur less than 120 days prior to the next annual 510 Article 90. election and not less than three members of the said committee or (Cont.) board remain in office, the vacancy or vacancies shall remain unfilled until such annual election: (I) Upon determining that such a vacancy or vacancies exist, the board of selectmen shall call a special town meeting to be held not more than five weeks from the time of such determination for the sole purpose of filling the vacancy or vacancies, and shall also fix a time not less than two weeks following such determination within which persons wishing to be candidates for filling the vacancy shall file nomination papers. (II) No person shall be eligible for selection to fill such vacancy or vacancies without having filed nomination papers subject to the same requirements as if the vacancy or vacancies were to be filled by the voters in an annual town election. (III) Voting at the special town meeting shall be by ballot. If no candidate received a majority of the votes cast on the first ballot, a second ballot shall be held with that candidate eliminated who received the fewest votes on the first ballot. Balloting shall con- tinue in this manner until one candidate has received a majority of the votes cast. If two vacancies for the same committee or board are to be filled at the same meeting, they shall be filled one at a time according to the foregoing procedure; and every candidate except the one already selected to fill the first vacancy shall be eligible when balloting commences to fill the second vacancy. (IV) The person or persons so selected shall hold office until the next annual election at which time the voters shall elect a person or persons to fill the remainder of the unexpired term or terms if any. 8:30 P. M. Frank I. Michelman moved to amend by substituting for the paragraph numbered (III) the following paragraph: " (III) Voting at the special town meeting shall be by a poll of the meeting. If no candidate receives a majority of the votes on the first polling, a second polling shall be held with that candidate Li eliminated who received the fewest votes on the first polling. Polling shall continue in this manner until one candidate has received a major- ity of the votes. If two vacancies for the same committee or board are to be filled at the same meeting, they shall be filled one at a time according to the foregoing procedure; and every candidate except the one already selected to fill the first vacancy shall be eligible when polling commences to fill the second vacancy." 8:32 P. M. Jane E. Berchtold, Chairman of the School Committee, speaking as an individual town meeting member, stated that she is in favor of Mrs. Battin's motion but is opposed to the amendments. 8:34 P. M. Edward E. Furash, Chairman of the Appropriation Committee, opposed the main motion and the two amendments and feels that it should remain as we now have it. 8:38 P. M. Mr. Michelman's motion to amend declared lost by voice vote. 8:46 P. M. Jack L. Mitchell moved the previous question which was declared carried by voice vote. 8:47 P. M. Mr. Rotberg's motion to amend declared lost by voice vote. 8:47 P. M. Main motion, as offered by Mrs. Battin, declared lost by voice vote. 8:47 P. M. 511 Article 91. Presented by Fred C. Bailey. MOTION: That the Town accept Section 6B of Chapter 40 of the General Laws. 8:48 P. M. (Chapter 40, Section 6B of the General Laws: UNIFORMS FOR POLICE AND FIREMEN; CLOTHING ALLOWANCES. A city or town which accepts or has accepted this section may appropriate money for the purchase of uniforms for members of its police and fire departments, which may include the purchase of rubber boots, shoes, and other outer clothing necessary for the use of members of the police and fire departments when traveling to or from or during the course of their employment. A city or town which appropriates money for uniforms for the uni- formed members of its police force may appropriate money to be paid as a clothing allowance to an officer serving as a detective or required to work without a uniform; provided, that the sum so paid as a clothing allowance to a member, serving as a detective or required to work with- out a uniform, shall not in any event exceed any maximum amount esta- blished by a city or town as the amount that may be expended by the city or town during a given year, for uniform clothing, for a uni- formed member of said force under the provisions of this section.) Motion, as presented by Mr. Bailey, declared carried unanimously. 8:49 P. M. Article 92. Presented by Fred C. Bailey. MOTION: That the Town accept Sections 57B and 57C of Chapter 48 of the General Laws. 8:50 P. M. (Chapter 48, Section 57B of the General Laws: 77,„ TIME OFF WITHOUT LOSS OF PAY FOR DELEGATES TO STATE CONVENTION OF ASSOCIATED FIRE FIGHTERS, etc. Members of the fire department in any city or town adopting this section may be excused from duty for not more than four days in any year without loss of pay while in attendance as an official delegate to the Associated Fire Fighters of Massachusetts AFL:CIO convention held within the commonwealth. Chapter 48, Section 57C of the General Laws: TIME OFF WITHOUT LOSS OF PAY FOR DELEGATES TO CERTAIN CONVENTIONS OF FIRE FIGHTERS. Members of the fire department in any city or town accepting the provisions of this §ection may be excused from duty for not more than two days in any year without loss of pay while in attendance as an official delegate to the convention of the Massachusetts Permanent Firemen's Association or the Massachusetts State Firemen's Association held within the commonwealth; provided, however, that any such member who attends both such conventions as an official delegate may be excused from duty for not more than four days in any year.) Motion, as presented by Mr. Bailey, declared carried unanimously. 8:50 P. M. r-- Article 93. Presented by Allan F. Kenney. MOTION: That the sum of $2,500.00 be appropriated to retain consult- ants to research, study and report on the problems of traffic safety in the school approach areas of the Town, and that such amount be raised in the tax levy. 8:50 P. M. Edward E. Furash stated that the Appropriation Committee is opposed to this article. 8:54 P. M. Charles H. Cole,2nd moved the previous question which was declared carried by voice vote. 8:58 P. M. Main motion, as offered by Mr. Kenney, declared lost by voice vote. 8:58 P. M. 512 Spencer Lavan moved for reconsideration of Article 54. 8:58 P. M. Motion to recconsider Article 54 declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 7 2 6 Michael J. O'Sullivan 12 3 14 Joseph A. Campbell 4 4 11 Judith J. Uhrig 6 5 11 George F. McCormack 8 6 17 John T. Harvell 0 7 13 John R. Campbell 7 8 4 Mary E. Shunney 16 9 12 Jane P. Buckley 6 At large 8 Howard L. Levingston 10 Totals 104 76 Motion to reconsider Article 54 prevails. 9:08 P. M. Article 54. Conservation Commission Member, Francis W. K. Smith spoke on the article and after general discussion Joan P. Crothers moved that the meeting be polled which was declared lost by voice vote. 9:17 P. M. (See Page Standing vote on motion, as presented by David G. Williams at the 482) April 10, 1974 adjourned session (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 84 on Assessors' Property Map 30, now or formerly of Augusta; that the sum of $35,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy.) taken as follows: 4 Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 10 2 6 Michael J. O'Sullivan 12 3 17 Joseph A. Campbell 2 4 11 Judith J. Uhrig 6 5 12 George F. McCormack 7 6 16 John T. Harvell 0 7 15 John R. Campbell 3 8 6 Mary E. Shunney 14 9 11 Jane P. Buckley 6 At large 13 Howard L. Levingston 7 Totals 112 67 Less than the required two-thirds having voted in favor, the motion, offered by Mr. Williams under Article 54, is not adopted. 9:19 P. M. I The Moderator called a recess at 9:20 P. M. The Moderator called the meeting to order at 9:34 P. M. Article 94. Temple E. Scanlon stated that Fred Cohen of Precinct 5 was to have moved indefinite postponement of Article94.In his abscence he had requested Mr. Scanlon to make this motion for him. MOTION. That this article be indefinitely postponed. Carried Unanimously. 9:35 P. M. 53 Article 95. Presented by Sam Silverman. MOTION: That the town accept Section 20 of Chapter 40A of the General Laws. 9:36 P. M. (Chapter 40A, Section 20 of the General Laws: RECONSIDERATION OF APPEAL OR PETITION FOR VARIANCE FROM TERMS OF ORDINANCE, etc. , AFTER UNFAVORABLE ACTION. After acceptance of this section or corresponding provisions of earlier laws as provided in section four of chapter four, no appeal or petition under paragraph three of section fifteen for a variance from the terms of such an ordinance or by-law with respect to a particular parcel of land or the building thereon, and no application under paragraph two of section fifteen for a special exception to the terms of any such ordinance or by-law, which has been unfavorably acted upon by the board of appeals shall be considered on its merits by said board within two years after the date of such unfavorable action except with the consent of all but one of the members of the planning board, or of the board of selectmen in a town having no planning board; provided, however, that an annulment of a favorable decision of said board by the court pursuant to the authorization contained in section twenty-one shall not constitute unfavorable action within the meaning of this section.) In answer to Charles H. Cole, 2nd, George P. Wadsworth, a member of the Board of Appeals, stated that the board did not have much to say about this article at this time and it did not appear that it would make too much difference to them. 9:43 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board was in favor of this change. 9:44 P. M. Motion, as offered by Mr. Silverman, carried by voice vote. 9:46 P. M. l Article 96. Presented by Nyles Nathan Barnert. MOTION: That the Town vote to amend Article XXIV of the General By-Laws of the Town by adding the following new Sections 28 and 29 thereto under the heading of 'Prevention of Noise Pollution' : Section 28. No owner or agent having charge of any store or business in a C.N. , C.G. or C.B. business district as described in Section 20.2 of the Zoning By-Laws of the Town of Lexington or any business operating on a Special Permit or any nobconforming business shall cause, permit or suffer such store or business to remain open between the hours of midnight and seven o'clock in the forenoon. Section 29. No person shall make or cause to be made any deliveries to or pick ups from any store or business in a C.N. , C.G. or C.B. business district as described in Section 20.2 of the Zoning By-Laws of the Town of Lexington or any business operating on a Special Permit or any nonconforming business between the hours of midnight and seven o'clock in the forenoon. 9:47 P. M. Mr. Long was recognized and spoke on behalf of Louis Spencer, the sponsor of this article. 9:50 P. M. William R. Page moved to amend: MOTION: To refer the question of amending Article XXIV of the General By-Laws of the Town to a committee consisting of no less than three and no more than seven voters of the town, to be appointed by the Moderator. The committee shall study problems of noise pollution in the town and shall make recommendations regarding these problems. The committee shall make a report to the next annual town meeting. 9:55 P. M. 514 Article 96. Allan F. Kenney stated that the Board of Selectmen unanimously favor (Cont.) passage of Mr. Page's amendment to refer this matter to a committee. 9:57 P. M. Motion to refer to committee, as offered by Mr. Page, declared carried by voice vote. 9:58 P. M. Article 97. Presented by Allen Lee Whitman, Jr. MOTION: That the membership of the School Committee is hereby in- creased from five (5) to seven (7) members effective at the annual election of officers in 1975, in the following manner: at the annual election of 1975 three (3) members shall be elected for a period of three years and every three years thereafter, at the annual election of 1976 two (2) members shall be elected for a perioV three years and every three years thereafter and at the annual election of 1977 two (2) members shall be elected for a period of three years and every three years thereafter. 9:59 P. M. Diane Lund spoke on behalf of the majority of the Citizens Committee for Lexington Public Schools who are in favor of this motion. 10:08 P. M. In answer to Joseph O. Rooney, Jane E. Berchtold, Chairman of the School Committee, stated that she was speaking for four members of her committee who did not feel that this change would help the School Committee. 10:12 P. M. Selectman, Sanborn C. Brown, a past member of the School Committee, spoke on behalf of a majority of the Board of Selectmen who favor the five man (or woman) School Committee. 10:18 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that it was quality, not quantity, that was needed and he opposed the motion. 10:20 P. M. Winifred L. L. Friedman spoke on behalf of the minority of the Citizens .. Committee for Lexington Public Schools who are opposed to this change. 10:25 P. M. Appropriation Committee Member, Arthur T. Berner spoke in favor of the motion. 10:28 P. M. Haskell W. Reed moved the previous question which was declared carried by voice vote. 10:28 P. M. Motion, as offered by Mr. Whitman, declared lost by voice vote. 10:31 P. M. Article 2. Town Manager, Walter C. O'Connell filed his Status Report on 1973 Articles and open articles for Public Works, Recreation and Conserva- tion. He read a progress report in regard to budget performance, personnel, collective bargaining etc. Mr. O'Connell stated that the objective is to hold the tax rate at 5% as it is this year. The Status Report, as filed by Mr. O'Connell, is accepted unanimously. 10:49 P. M. Allan F. Kenney moved that the meeting be adjourned. (See Page 509 for adjourn- ment motion: "Adjourned to Thursday, May 2, 1974 at 7:45 P. M. in Cary Memorial Hall.") Carried by voice vote. 10:50 P. M. A true copy. Attest: IgArl/uPtAii / D Mary R. McDonough, Town Clerk 515 ADJOURNED TOWN MEETING - MAY 2, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:57 P. M. in the Cary Memorial Hall. There were 179 Town Meeting Members present. Invocation offered by Rev. R. Reinhold Abele, Pastor of the Pilgrim Congregational Church. 8 P. M. Article 98. Presented by Myron L. Miller. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:02 P. M. Paul W. Marshall moved that Article 100 be taken up, out of order, at this time. Carried by voice vote. 8:02 P. M. Article 99. See Page 516. Article 100. Presented by Paul W. Marshall. MOTION: That the Board of Selectmen institute and establish a system of townwide solid waste collection subject to the following terms and conditions: 1. For Public Buildings and Schools, there shall be daily collection of solid waste, if necessary. 2. For single and two family private residences there shall be: (a) Collection of trash once every other week. (b) Collection of recyclable paper once during alternate weeks. (c) Collection of recyclable glass once a month. (d) Periodic collection of bulky waste. The Board of Selectmen shall make reasonable rules and regulations to carry out the foregoing solid waste collection system. Such rules and regulations shall be drawn to further the purpose of encouraging recycling of reclaimable solid waste and insuring an efficient economically and ecologically sound system of solid waste disposal, and that the sum of $250,000. be appropriated to carry out the foregoing, such sum to be raised in the tax levy. 8:03 P. M. Mr. Marshall spoke on behalf of the solid waste collection. 8:20 P. M. In answer to a question raised by Graydon M. Wheaton, Mr. Marshall stated that the collection of garbage was beyond the scope of the current article. 8:23 P. M. (Amend- Edward E. Furash moved that the subject matter of Article 100 be ment referred to the Board of Selectmen for further study and evaluation, adopted) with the request that a proposal, which will carry out the objectives (*See of this article be developed and submitted to the 1975 Annual Town Pages Meeting. 8:23 P. M. 521 & 522) Allan F. Kenney, Chairman of the Board of Selectmen, stated that a majority of the Selectmen support the motion of referral. [II8:31 P. M. Mr. Furash's referral motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: 6 Article 100. Precinct In Favor Tellers Opposed (Cont.) 1 10 Herbert R. Adams 5 2 11 Francis G. Fuery 7 3 6 Joseph A. Campbell 10 4 8 Judith J. Uhrig 8 5 11 George F. McCormack 6 6 2 John T. Harvell 12 7 2 John R. Campbell 15 8 16 Mary E. Shunney 3 9 9 Jane P. Buckley 9 At large 15 Howard L. Levingston 6 r . Totals 90 81 Motion to refer to the Board of Selectmen, as offered by Mr. Furash, adopted. 8:37 P. M. Paul V. Riffin served notice of reconsideration of Article 100. 8:38 P. M. Article 99. Presented by Joyce Hals. MOTION: That the Town will vote to amend Article XXIV of the General By-Laws of the Town by adding a new section 28 to read substantially as follows: (*See No person shall deposit on the Sanitary Landfill any of the following Page types of refuse: 524.) 1. corrugated board 2. magazines and newspapers 3. appliances and other scrap metals These items shall be separately deposited at distinct, designated areas at the Sanitary Landfill and shall be collected and then distributed as secondary materials; and that the sum of $9,000.00 be appropriated to carry out the foregoing, such sum to be raised in the tax levy. 8:40 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that he believed the motion was out of order as there was money in- cluded in a by-law amendment. 8:44 P. M. Joyce Hals moved to amend her motion by deleting everything after the word "materials". Carried by voice vote. 8:45 P. M. Frank H. Totman, Jr. moved to strike the numeral "1" and "corrugated board" and to delete numerals 2 and 3 and substitute 1 and 2 respectively. Lost by voice vote. 8:50 P. M. Albert S. Richardson, Jr. moved to refer the subject matter to the Board of Selectmen for further study. 8:51 P. M. Allan F. Kenney stated that the Board of Selectmen support the motion to refer to the Selectmen. 8:53 P. M. After general discussion, Paul G. Yewell moved the previous question which was declared lost by voice vote. 8:58 P. M. Ephraim Weiss moved that Article 99 be tabled, which was declared carried by voice vote. 8:59 P. M. 51 Article 101. Presented by Robert A. Bowyer. MOTION: That the subject matter of Article 101 be referred to the Board of Selectmen and the Conservation Commission with the request that a proposal, which will carry out the objectives of this Article, be developed and submitted to the 1975 Annual Town Meeting. 9:01 P. M. Arthur C. Smith moved to delete all the words after "Conservation Commission" so that the motion would read as follows: MOTION: That the subject matter of this article be referred to the 7 Board of Selectmen and the Conservation Commission. Mr. Smith's amendment declared carried by voice vote. 9:13 P. M. The motion to refer declared carried by voice vote. 9:13 P. M. Article 102. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as follows: A. By increasing the number of Wetland Protection Districts by adding to Subsection 22.5 the following provision: "that portion of W-50 lying northwest of Route 128, that portion of W-51 lying southwest of Bedford Street, and W-54, B. and by adopting and incorporating as a part of the Town Zoning Map additional sheets of the maps entitled Wetland Protection Districts, Lexington, Massachusetts - 1973, numbered W-50, W-51 and W-54, but only to the extent provided for in Section A of this motion. 9:15 P. M. Mr. Friedman speaks on behalf of his motion. 9:32 P. M. Paul A. Plasse moved to amend the motion under Article 102 by adding in Section A after the words "By increasing the number of Wetland Protection Districts" the words "excluding all privately owned land". 9:33 P. M. Paul J. MacKenzie question the legality of Mr. Plasse's motion but the Moderator and Town Counsel, Norman P. Cohen ruled that the amendment was in order. 9:43 P. M. Motion to amend, as offered by Mr. Plasse, declared lost by voice vote. 9:44 P. M. Eric T. Clarke filed the Report of the Planning Board on Article 102. (A majority of the Planning Board recommends that Article 102 be indefinitely postponed.) 9:52 P. M. Mr. Kenney stated that the Board of Selectmen unanimously oppose this article. 9:56 P. M. Angela E. Frick, Chairman of the Conservation Commission, stated that the Conservation Commission obviously are in favor of wetland zoning and therefore are unanimously in favor of Article 102. 10:08 P. M. Donald J. Shaw moved the previous question, which was declared carried by voice vote. 10:08 P. M. As this motion requires a two-thirds vote, and the Moderator felt that it would not be unanimous, a standing vote was taken as follows: 518 Article 102. Precinct In Favor Tellers Opposed (Cont.) 1 5 Herbert R. Adams 8 2 6 Francis G. Fuery 11 3 8 Joseph A. Campbell 7 4 7 Judith J. Uhrig 7 5 8 George F. McCormack 7 6 12 John T. Harvell 3 7 13 John R. Campbell 4 8 5 Mary E. Shunney 14 9 7 Jane P. Buckley 10 At large 5 Howard L. Levingston 16 Totals 76 87 Motion is not adopted as less than the required two-thirds .� voted in favor. 10:13 P. M. Article 103. Presented by Anthony L. Mancini. MOTION: That this article be indefinitely postponed. 10:14 P. M. Frank Sandy serves notice of reconsideration of Article 102. 10:14 P. M. Article 103. Motion to indefinitely postpone Article 103, as offered by Mr. Man- (Cont.) cini, declared carried unanimously. 10:15 P. M. Article 104. Presented by Anthony L. Mancini. MOTION: That the Zoning By-Law, the Zoning District Maps and the Zoning Map of the Town be amended by designating as an RD-Multi- Dwelling District a certain area of land, now included in the RO- (Lost at One Family dwelling district, bounded and described as follows: Special Referendum, SOUTHWESTERLY by Wood Street, 202.43 feet; June 3, NORTHWESTERLY by a stone wall running through Lot E as shown on 1974 - Land Court Plan No. 6686B, about 375 feet; See SOUTHWESTERLY by the remaining portion of said Lot E, about Page 300 feet; 530.) NORTHWESTERLY by the same, about 530 feet; NORTHEASTERLY by the same, by a stone wall, about 570 feet; EASTERLY by the same, about 660 feet; SOUTHEASTERLY by Lot F as shown on said plan, about 420 feet; SOUTHWESTERLY by the same, 458.73 feet; and SOUTHERLY by the same, 233.68 feet; Containing about 16.4 acres. 10:17 P. M. James E. Cosgrove, Town Meeting Member from Precinct 9, in a note addressed to the Moderator, stated that he would abstain from voting on Articles 103, 104, 105, 106 and 107. Mr. Mancini asked that the following be recognized by the meeting: Mr. Wayne Barber, President, Creative Environments, Inc. and Mr. Roger Kallstrom of Kallstrom Andrews, Inc. , landscape architects for this proposal and a resident of Lexington. no As there was/objection, both men were recognized and Mr. Barber presented his proposal. Edward E. Furash, Chairman of the Appropriation Committee, questioned the presence of a quorum. 10:19 P. M. The Moderator called for a count of the Town Meeting Members, which was taken as follows: 519 Article 104. Precinct No. of Members Present Tellers (Cont.) 1 4 Herbert R. Adams 2 13 Michael J. O'Sullivan 3 8 Joseph A. Campbell 4 9 Judith J. Uhrig 5 15 George F. McCormack 6 11 William T. Spencer 7 12 John R. Campbell 8 12 Mary E. Shunney 9 12 Donald J. Shaw At large 14 Elizabeth M. Flynn Total 110 As 100 members present constitutes a quorum, the Moderator stated that a quorum was present. 10:20 P. M. Eric T. Clarke filed the Planning Board Report on Articles 103 and 104, summarized the report and stated that a majority of the Planning Board recommends adoption of the Flintlock rezoning proposal. 10:42 P. M. John Campbell of Holton Road spoke from the balcony stating that he objected to a project of this size. 11:10 P. M. Alice Roffi, 259 Wood Street and Bulent Kastarlak, 241 Wood Street, residents but not town meeting members, spoke in favor of the proposal. 11:16 P. M. James Cataldo moved the previous question which was declared carried by voice vote. 11:18 P. M. Mr. Mancini, the maker of the original motion, yielded his ten minutes to Mr. Barber who in turn yielded part of his time to Louise Simonds of Holton Road who spoke in opposition and to Msgr. Joseph Maguire of Wood Street. 11:26 P. M. A standing vote on Mr. Mancini's motion taken as follows: Precinct In Favor Tellers Opposed 1 11 Herbert R. Adams 3 2 13 Francis G. Fuery 5 3 10 Joseph A. Campbell 4 4 11 Judith J. Uhrig 5 5 14 George F. McCormack 3 6 12 John T. Harvell 3 7 14 John R. Campbell 4 8 10 Mary E. Shunney 10 9 4 Jane P. Buckley 12 At large 13 Howard L. Levingston 5 Totals 112 54 More than the required two-thirds having voted in favor, the motion is adopted. 11:28 P. M. Nancy F. Earsy moved for reconsideration of Article 104. 11:30 P. M. Roy Weinstein moved to table the motion to reconsider Article 104 for which a standing vote was taken as follows: 520 Precinct In Favor Tellers Opposed 1 0 Herbert R. Adams 14 2 11 Francis G. Fuery 6 3 5 Joseph A. Campbell 7 4 3 Judith J. Uhrig 10 5 4 George F. McCormack 13 6 4 John T. Harvell 8 7 9 John R. Campbell 9 8 8 Mary E. Shunney 7 9 10 Jane P. Buckley 6 At large 1 Howard L. Levingston 16 Totals 55 96 Motion to table the motion to reconsider Article 104 is not adopted. 11:35 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:35 P. M. Motion to reconsider Article 104, as presented by Mrs. Earsy, declared lost by voice vote. 11:36 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, May 6, 1974 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:36 P. M. A true copy. Attest: ic Mary R. McDonough, Town Clerk 521 ADJOURNED TOWN MEETING - MAY 6, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:11 P. M. in the Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Dr. Herbert E. Stotts, 11 Hunt Road, Professor of Sociology of Religion, School of Theology, Boston University and a United Methodist Minister. 8:13 P. M. -- Allan F. Kenney, Chairman of the Board of Selectmen, moved that Article 12 be taken off the table. Carried by voice vote. 8:08 P. M. Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:13 P. M. Paul V. Riffin moved reconsideration of Article 100. 8:13 P. M. Edward E. Furash, Chairman of the Appropriation Committee, spoke in opposition to reconsider Article 100. 8:27 P. M. Margaret F. Rawls stated that the Conservation Commission supports the motion to reconsider Article 100. 8:32 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, spoke in opposition to the motion to reconsider Article 100. 8:33 P. M. Paul G. Yewell moved the previous question which was declared carried by voice vote. 8:36 P. M. Motion to reconsider Article 100 declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 10 2 8 Michael J. O'Sullivan 10 3 13 Joseph A. Campbell 3 4 7 Judith J. Uhrig 9 5 10 George F. McCormack 7 6 14 John T. Harvell 2 7 13 John R. Campbell 4 8 4 Mary E. Shunney 15 9 10 Jane P. Buckley 9 At large 8 Patricia K. Hagedorn 14 Totals 92 83 Motion to reconsider Article 100 prevails. 8:38 P. M. Article 100. Margery M. Battin, Selectman, spoke in opposition to the referral of Article 100 to the Board of Selectmen. 8:43 P. M. (*See Pages Selectman, Allan F. Kenney, supports referral to the Selectmen. 515 & 8:47 P. M. 516) Motion to refer to the Board of Selectmen for further study, as presented by Edward E. Furash at the May 2, 1974 session, declared lost by voice vote. 8:49 P. M. Joyce Hals moved to amend the main motion, as presented by Paul W. Marshall on May 2, 1974, by adding the following paragraph after Section 2 (d) : The Board of Selectmen shall be and hereby are empowered to make reasonable modifications in these terms and conditions in order to achieve initial implementation of this solid waste collection system. 9:02 P. M. 522 Article 100. Charles H. Cole, 2nd moved the previous question which was declared (Cont.) carried by voice vote. 9:10 P. M. Motion to amend, as presented by Joyce Hals, declared carried by voice vote. 9:13 P. M. Main motion, as amended, now reads: (Main MOTION: That the Board of Selectmen institute and establish a system motion, of townwide solid waste collection subject tO the following terms as and conditions: amended, adopted) 1. For Public Buildings and Schools, there shall be daily collection of solid waste, if necessary. (Lost at 2. For single and two family private residences there shall be: Special Referendum, (a) Collection of trash once every other week. June 3, (b) Collection of recyclable paper once during alternate weeks. 1974 - (c) Collection of recyclable glass once a month. See (d) Periodic collection of bulky waste. Pages 529- The Board of Selectmen shall be and hereby are empowered to make 530) reasonable modifications in these terms and conditions in order to achieve initial implementation of this solid waste collection system. The Board of Selectmen shall make reasonable rules and regula- tions to carry out the foregoing solid waste collection system. Such rules and regulations shall be drawn to further the purpose of encouraging recycling of reclaimable solid waste and insuring an efficient economically and ecologically sound system of solid waste disposal, and that the sum of $250,000. be appropriated to carry out the foregoing, such sum to be raised in the tax levy. Main motion, as amended, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 9 2 7 Michael J. O'Sullivan 11 3 13 Joseph A. Campbell 4 4 9 Judith J. Uhrig 9 5 12 George F. McCormack 6 6 17 John T. Harvell 0 7 17 John R. Campbell 2 8 4 Mary E. Shunney 15 9 10 Jane P. Buckley 9 At large 9 Patricia K. Hagedorn 14 Totals 104 79 Main motion as offered by Paul W. Marshall on May 2, 1974 and amended by Joyce Hals declared adopted. 9:23 P. M. Frank Sandy moved reconsideration of Article 102. 9:23 P. M. Reconsideration of Article 102 declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 9 2 5 Michael J. O'Sullivan 11 3 9 Joseph A. Campbell 8 4 8 Judith J. Uhrig 9 5 12 George F. McCormack 6 6 17 John T. Harvell 0 7 15 John R. Campbell 4 8 2 Mary E. Shunney 16 9 5 Jane P. Buckley 13 At large 2 Patricia K. Hagedorn 20 Totals 80 96 (Eric Lund abstained from voting.) Motion to reconsider Article 102 declared lost. 9:32 P. M. 5 Article 105. Presented by Donald J. Shaw. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 106. James E. Cosgrove abstained from voting. Motion to indefinitely postpone Article 105 carried unanimously. 9:33 P. M. Article 106. Presented by Donald J. Shaw. -�� MOTION: That the Town of Lexington Zoning By-Law by amended as follows: A. By changing the zoning district in which lies the land bounded and described below from RO - One Family Dwelling District to (Approved RD Multi-Dwelling District by revising the Zoning Map and by Atty. adopting a new Zoning District Map No. RD-2 showing as RD Gen. , Multi-Dwelling District the land bounded and described as more Robert H. particularly described in the warrant article, excepting and Quinn, excluding therefrom two certain parcels of land described as June 19, follows: 1974. Parcel 1 Advertised in Lex. Beginning at a point at the most southwesterly corner of the parcel Min. Man. , described below. July 25, Aug. 1 & thence running N 38° 00' 23" W 180.24 feet; 8, 1974.) thence turning and running N 51° 59' 37" E 100.60 feet; thence turning and running N 38° 00' 23" W about 250 feet; thence turning and running Northeasterly about 950 feet; thence turning and running Easterly about 390 feet; thence turning and running Southerly about 125 feet; thence turning and running N 87° 00' 36" W 451.90 feet; thence turning and running S 28° 50' 07" W 242.04 feet; thence turning and running S 50° 18' 26" E 30.41 feet; thence turning and running by a curved line having a radius of 322.84 feet, a distance of 76.07 feet; thence turning and running S 51° 59' 37" W 214.95 feet; thence turning and running S 47° 29' 42" E 248.70 feet; thence turning and running S 69° 25' 17" W 115 feet; thence turning and running S 74° 56' 57" W 48.33 feet; thence turning and running S 68° 48' 44" W 53.58 feet; thence turning and running S 73° 47' 19" W 68.70 feet; thence turning and running S 64° 24' 59" W 42.93 feet; thence turning and running S 44° 36' 47" W 32.35 feet; thence turning and running S 43° 18' 44" W 193.86 feet; thence turning and running S 40° 46' 57" W 26.00 feet; Parcel 2 Beginning at the most Northeasterly corner of the below described premises and running S 12° 53' 29" E about 125 feet; then6e turning and running W about 775 feet; thence turning and running N about 125 feet; thence turning and running E about 745 feet; Both parcels together containing about 11.81 acres. B. By adding in Section 22 after subsection 22.4 thereof a new paragraph reading as follows: 22.51 a district on the northeasterly side of Bedford Street and southerly side of Winter Street as shown on the Zoning District Map. No. RD-2 entitled RD Multi-Dwelling District designated thereon 22.51. 9:43 P. M. Erik Lund and James E. Cosgrove have indicated that they will abstain from voting on this article. 52.4 Article 106. Charles Spaulding and Mark Moore, Jr. were recognized in order that (Cont.) they could make their presentation. Lois W. Brown question the presence of a quorum. The Moderator called for a count of the Town Meeting Members, which was taken as follows: Tellers Town Meeting Members Present William J. Dailey, Jr. 13 Lois W. Brown 38 J. Keith Butters 25 Levi G. Burnell 10 1•••=0Total Number of Members Present 86 As 100 members present constitutes a quorum, the Moderator, because of the lack of a quorum called a five minute recess. 9:43 P. M. The Moderator called the meetir3g to order at 9:53 P. M. and stated that a quorum was present. The Moderator stated that a dedication on May 18, 1974 at 11 A. M. in front of the Buckman Tavern was to be held for the Crocker family. 9:53 P. M. In his presentation, Mr. Spaulding stated that 17 acres, 27% of the total area, would be donated to the Conservation Commission. The sales price of each unit would be in the $29,500.00 to $39,500.00 range. 10:13 P. M. Eric Clarke file the Planning Board Report covering Articles 105 and 106 and stated that the Planning Board unanimously recommends the adoption of the Drummer Boy Green rezoning proposal. 10:16 P. M. Mrs. Casey of Winter Street, William McGrath of Winter Street, Hugh Chapin, Juniper Place and William Goldthwait, Simonds Road spoke from the balcony in favor of the proposal. �. Allan F. Kenney stated that the Board of Selectmen unanimously support this proposal. 10:37 P. M. Mr. Spaulding stated that the main access is off the Bedford Street jughandle. 10:42 P. M. After general discussion, a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 Herbert R. Adams 0 2 17 Michael J. O'Sullivan 0 3 13 Joseph A. Campbell 4 4 15 Judith J. Uhrig 0 5 19 George F. McCormack 0 6 16 John T. Harvell 1 7 11 John R. Campbell 8 8 17 Mary E. Shunney 2 9 15 Jane P. Buckley 2 At large 23 Patricia K. Hagedorn 0 Totals 160 17 More than the required two-thirds having voted in favor, the motion, as presented by Donald J. Shaw, is adopted. 10:57 P. M. Paul W. Marshall moved to take Article 99 off the table which was carried by voice vote. 10:57 P. M. Article 99. Paul W. Marshall moved that Article 99 be indefinitely postponed. (*See Page 516.) Carried Unanimously. 10:57 P. M. 5 2 5 Nyles Nathan Barnert moved that the meeting be adjourned to Wednesday, May 8, 1974 at 8 P. M. Motion lost by voice vote. 10:58 P. M. Article 107. Presented by William R. Page. MOTION: That the Town vote to amend the Official Zoning Map of the Town by changing land owned by Bruce. A. and Herman E. Erikson from One Family Residence RO to multi Family Dwelling RM, said land is located at the intersection of Piper Road and Waltham Street containing approximately 4.03 acres and is described as set forth ---- in this article. 11 P. M. Bruce A. and Herman E. Erikson, proponents of this article, were recognized and spoke an behalf of their proposal. Eric T. Clarke filed the Planning Board Report and stated that- although the Planning Board generally feels that the Piper Ridge proposal has many positive features, a majority of the Planning Board is opposed to the rezoning. 11:17 P. M. After general discussion, a standing vote was taken on Mr. Page's motion as follows: Precinct In Favor Tellers Opposed 1 1 Herbert R. Adams 12 2 0 Michael J. O'Sullivan 17 3 0 Joseph A. Campbell 18 4 1 Judith J. Uhrig 16 5 0 George F. McCormack 17 6 0 John T. Harvell 16 7 0 John R. Campbell 17 8 0 Mary E. Shunney 15 9 0 Jane P. Buckley 17 At large 0 Patricia K. Hagedorn 21 Totals 2 166 Motion, as presented by Mr. Page, is not adopted. 11:28 P. M. Article 108. Presented by Manfred P. Friedman. MOTION: Be it resolved that the Selectmen do not re-invite Richard M. Nixon to attend any part of the Lexington Bicentennial observances. 11:29 P. M. In a note to the Moderator, Herbert R. Adams, Town Meeting Member from Precinct 1, stated that he would abstain from voting on this article. Lois W. Brown, a member of the Bicentennial Commission, spoke in opposition. 11:45 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that the invitation to Mr. Nixon was sent at the request of the Bicentennial Commission, and, at the time of the invitation, the Selectmen were unanimously in favor of the invitation. �! 11:46 P. M. 1 ` John T. Harvell moved the previous question which was declared carried by voice vote. Voice vote was doubted, so a standing vote was taken as follows: 526 Article 108. Precinct In Favor Tellers Opposed (Cont.) 1 6 Herbert R. Adams 7 2 11 Michael J. O'Sullivan 5 3 5 Joseph A. Campbell 13 4 10 Judith J. Uhrig 8 5 11 George F. McCormack 7 6 5 John T. Harvell 12 7 6 John R. Campbell 12 8 16 Mary E. Shunney 4 9 9 Jane P. Buckley 8 At large 18 Patricia K. Hagedorn 4 Totals 97 80 Previous question motion adopted. 11:50 P. M. Mr. Friedman yielded part of his ten minutes to: ' Donald B. White, Town Meeting Member and Chairman of the Lexington Republican Town Committee who spoke in opposition. 11:53 P. M. James M. McLaughlin moved that the vote be taken by roll call vote which was declared carried by voice vote. 12:01 A. M. The roll call vote on Article 108 was taken by the Town Clerk, Mary R. McDonough, assisted by Assistant Town Clerk, Norma B. Jervis, starting at 12:04 A. M. and completed at 12:17 A. M. The Moderator called a recess so that the votes could be counted. 12:19 A. M. The count was completed at 12:28 A. M. The Moderator called the meeting to order at 12:28 A. M. Results of the roll call vote as follows: Precinct Yes No Abstained Absent Totals At large 0 8 3 0 11 1 6 10 2 3 21 2 5 13 0 3 21 3 12 7 1 1 21 4 4 12 4 1 21 5 6 10 2 3 21 6 13 5 2 1 21 7 14 3 2 2 21 8 3 16 1 1 21 9 7 11 2 1 21 Totals 70 95 19 16 200 The motion, as presented by Mr. Friedman, is defeated. 12:28 A. M. J. Keith Butters moved reconsideration of Article 108. 12:29 A. M. Mr. Butters read the following resolution that would be presented if Article 108 is reconsidered (this would be a substitute motion) : RESOLVED: That the question "Shall the Selectmen reinvite Richard M. Nixon to attend any part of the Lexington Bicentennial observances?" be placed on a separate paper "yes" or "no" ballot to be presented to the voters on the day of the November 1974 State Election and that no action be taken by the Selectmen prior to that day. The Selectmen's action on this matter shall reflect the will of the voters. 12:30 A. M. Natalie H. Rif fin speaks in favor of the substitute motion and Paul A. Plasse urged defeat of the motion to reconsider Article 108. 12:38 A. M. Robert M. Gary moved the previous question, which was declared carried by voice vote. 12:40 A. M. Motion to reconsider Article 108 declared lost by voice vote. 12:40 A. M. 527 Article 109. Presented by Edward E. Furash. MOTION: That the sum of $524,500.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1974, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 12:42 A. M. Allan F. Kenney moved that the meeting be dissolved. Carried Unanimously. 12:43 A. M. The 1974 Annual Town Meeting dissolved at 12:43 A. M. May 7, 1974. A true copy. Attest: ft I t44fr r/Y3it/E'14/4/ Aa a Mary R. McDonough, Town Clerk r-- 528 (Warrant for Special Referendum - See Warrant Book) SPECIAL REFERENDUM - JUNE 3, 1974 (ARTICLE 100 Adopted at May 6, 1974 Town Meeting - SOLID WASTE COLLECTION) (ARTICLE 104 Adopted at May 2, 1974 Town Meeting - ZONING BY-LAW AMENDMENT- FLINTLOCK - WOOD STREET) In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 3, 1974 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Bridge School; Precinct Four, Senior High School; Precinct Five, Cary Memo- rial Hall; Precinct Six, Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Eileen J. Fradette Warden Ilda J. Field Marjorie E. Wirpio Clerk Agnes Heimlich Virginia M. Warner Inspector Alice G. Marshall Harold W. Josephson Inspector L. Francis Murphy Margaret M. Potter Inspector Lorraine C. Baron Precinct Three Precinct Four Marjorie Modoono Warden Edna F. Marshall Mary H. Coyle Clerk Rose J. Grant Marie T. Walton Inspector Mary G. McCauley Carol A. Goldthwait Inspector Helen C. Rooney Mary V. Spencer Inspector Virginia D. Tobler Precinct Five Precinct Six .r. Dolores M. Swan Warden Caroline P. Johnston Joan H. McDonough Clerk Gloria D. Colbert Edna D. Anderson Inspector Helen G. Garten Winifred E. Ivester Inspector Ruth M. Mitchell Anne C. Williamson Inspector Norma E. Ebbs Precinct Seven Precinct Eight Mary F. Irwin Warden Joseph 0. Rooney Ann M. Baum Clerk Margaret S. Wilson Dorothy A. Shine Inspector Henry P. Meade Irene Norcross Inspector Rita E. Kiley Elinor M. Vassallo Inspector Dorothea J. Russo Precinct Nine Mary J. Ferry Warden Elizabeth F. Downey Clerk Sally S. Hooper Inspector Florence M. Downe Inspector Mary C. Joseph Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which time, after due notice, they were declared closed. 529 The total number of registered voters in each precinct eligible to vote as of May 14, 1974 as follows: Precinct Independents Republicans Democrats Totals One 752 385 899 2,036 Two 730 435 976 2,141 Three 744 312 722 1,778 Four 809 637 893 2,339 Five 872 393 818 2,083 Six 694 644 807 2,145 Seven 688 526 855 2,069 Eight 731 494 676 1,901 Nine 887 479 786 2,152 Totals 6,907 4,305 7,432 18,644 Recap sheets were delivered to the Town Clerk at her office as follows: Precinct One 8:29 P. M. Precinct Two 8:58 P. M. Precinct Three 8:30 P. M. Precinct Four 8:22 P. M. Precinct Five 8:15 P. M. Precinct Six 8:48 P. M. Precinct Seven 8:37 P. M. Precinct Eight 8:10 P. M. Precinct Nine 8:33 P. M. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct One 716 voters cast their vote Precinct Two 715 voters cast their vote Precinct Three 595 voters cast their vote Precinct Four 898 voters cast their vote Precinct Five 771 voters cast their vote Precinct Six 904 voters cast their vote Precinct Seven 913 voters cast their vote Precinct Eight 808 voters cast their vote Precinct Nine 959 voters cast their vote Total 7,279 voters cast their vote 39% of the 18644 registered voters cast their vote. QUESTION NO. ONE - (Article 100 - Solid Waste Collection) (See Page 522) Shall the Town vote to approve the action of the representative town meeting whereby it was voted: That the Board of Selectmen institute and establish a system of townwide solid - waste collection subject to the following terms and conditions: 1. For Public Buildings and Schools, there shall be daily collection of solid waste, if necessary. 2. For single and two family private residences there shall be: (a) Collection of trash once every other week. (b) Collection of recyclable paper once during alternate weeks. (c) Collection of recyclable glass once a month. (d) Periodic collection of bulky waste. The Board of Selectmen shall be and hereby are empowered to make reasonable modifications in these terms and conditions in order to achieve initial im- plementation of this solid waste collection system. 53 QUESTION NO. ONE (CONT.) The Board of Selectmen shall make reasonable rules and regulations to carry out the foregoing solid waste collection system. Such rules and regulations shall be drawn to further the purpose of encouraging recycling of reclaimable solid waste and insuring an efficient economically and ecologically sound system of solid waste disposal, and that the sum of $250,000 be appropriated to carry out the foregoing, such sum to be raised in the tax levy. Pr.l Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Yes 241 267 197 263 236 284 298 205 229 2,220 , No 458 442 392 602 514 614 615 594 711 4,942 Blanks 176 6 33 21 6 0 9 19 117 -li] ' Totals 716 715 595 898 771 904 913 808 959 7,279 In accordance with Chapter 381 of the Acts of 1954, more than the necessary 20% having voted to reverse the action of the May 6, 1974 Adjourned Town Meeting, the action stands reversed and Article 100 is not adopted. QUESTION NO. TWO - ZONING BY-LAW AMENDMENT (FLINTLOCK - WOOD STREET) - Article 104) (See Page 518) Shall the Town vote to approve the action of the representative town meeting whereby it was voted: That the Zoning By-Law, the Zoning District Maps and the Zoning Map of the Town be amended by designating as an RD-Multi-Dwelling District a certain area of land, now included in the RO-One Family dwelling district, bounded and described as follows: SOUTHWESTERLY by Wood Street, 202.43 feet; NORTHWESTERLY by a stone wall running through Lot E as shown on Land Court plan No. 6686B, about 375 feet; --] SOUTHWESTERLY by the remaining portion of said Lot E, about 300 feet; NORTHWESTERLY by the same, about 530 feet; NORTHEASTERLY by the same, by a stone wall, about 570 feet; EASTERLY by the same, about 660 feet; SOUTHEASTERLY by Lot F as shown on said plan, about 420 feet; SOUTHWESTERLY by the same, 458.73 feet; and SOUTHERLY by the same, 233.68 feet; Containing about 16.4 acres. Yes 305 366 214 377 298 334 367 286 451 2,998 No 386 326 367 489 439 551 533 503 481 4,075 Blanks 25 23 14 32 34 19 13 19 27 206 Totals 716 715 595 898 771 904 913 808 959 7,279 In accordance with Chapter 381 of the Acts of 1954, more than the necessary 20% having voted to reverse the action of the May 2, 1974 Adjourned Town Meeting, the action stands reversed and Article 104 is not adopted. A true copy. Attest: -.24:-4 ,....,,,t. Mary R. McDonough, Town Clerk 1 I