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HomeMy WebLinkAbout1980-03-03 to 1980-04-14-ATM-min ANNUAL TOWN MEETING - MARCH 17, 1980 The meeting was called to order by Moderator Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial IIall. There were 187 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. The Moderator asked that the meeting remain standing for a moment of silence for past Town Meeting Members who had died since our last meeting - especially Rev. Harold T. Handley and Charles J. Code, Jr. 8:13 P.M. Town Clerk Mary R. McDonough read the warrant for the meeting until further reading was waived by the meeting. 8:13 P.M. The Town Clerk read the Constable's Return of the warrant. 8:13 P.M. Article 2. Mary W. Miley, Chairman of the Board of Selectmen, reported to the town meeting on procedural motions that were to be presented as follows: 1. Articles 3, 5 and 7 should be postponed for consideration or tabled until after Article 49 because of additional appropria- tions that may be necessary for this year's budget based upon inflation /fuel costs and a current impasse with the Police Union on the contract while bargaining is still continuing. 2. Motion should be made to divide from Article 4 Accounts 3770 (Patrolmen and Sergeants personal services) and 3800 (expenses) - to be brought up after Article 49 with the hopes that a Police settlement might take place by that time. 3. Motion should be made to divide from Article 4 Accounts 4900 (DPW Collective Bargaining) and 5800 (Garbage Collection) and 5850 (Sanitary Landfill) - to be taken up after Article 27 (Solid Waste Collection System). 4. Just after Article 10 a motion should be made to accept under Article 2 the report on Sewer Policy and Plans. It is anti- cipated that a motion will be made then to indefinitely postpone Article 11 as all questions have been answered in that report. 8:17 P.M. Donald B. White, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. 8:18 P.M. Mr. White gave a short explanation of the report and stated that, if all recommendations were adhered to, that the estimated tax rate would be $91.30. 8:22 P.M. Mr. White's motion that the Appropriation Committee Report be accepted and placed on file was declared carried unanimously. 8:22 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously. 8:26 P.M. (Annual Town Meeting - March 17, 1980.) Article 2. Robert B. Kent moved that the report of the Town Manager on the (Cont.) status of open money articles be accepted and placed on file. 8:27 P.M. Town Manager Robert M. Hutchinson, Jr. was recognized and he gave a review of the estimated tax rate and listed the five budget goals. 8:34 P.M. Mr. Kent's motion that the Status Report of the Town Manager be accepted and placed on file was carried unanimously. 8:34 P.M. Article 3. Mary W. Miley moved that Article3 be postponed until after consideration of Article 49. Carried Unanimously. 8:35 P.M. (See Page 550) Article 4. Presented by Mary W. Miley. 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. (Richard M. Perry gave written notice that he would abstain from voting on line items pertaining to the Comptroller's Office if they are singled out or on the total of Articles 4 or 5. Mary R. McDonough gave verbal notice that she would abstain from voting on any line item pertaining to the office of the Town Clerk. Lincoln P. Cole, Jr. gave verbal notice that he would abstain from voting on any line item pertaining to the office of the Board of Appeals.) Moderator Cole read the following line items: Selectmen's Department #1000 Personal Services 30,286 1050 Expenses 6,725 8:36 P.M. Town Manager's Office 1060 Personal Services 104,929 1065 Expenses 7,000 8:36 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 39,000 1075 Clerical Pool 9,327 1080 Office Furniture & Fixtures 1,200 1090 General Prof. Services (See Pages 585 & 586) 20,000 8:37 P.M. Manfred P. Friedman moved that the amount in line item 1090 he changed from $20,000 to $25,000. 8:37 P.M. Mary W. Miley felt that this should be postponed until after con- sideration of the zoning articles. 8.41 P.M. Upon a motion offered by Mrs. Miley, the Moderator stated that line item 1090 of Article 4 would be divided from Article 4. Mrs. Miley moved that line item 1090 be postponed until after con- sideration of Article 67. Mr. Friedman stated that the Planning Board had no objection to this postponement. 8:43 F.M. Mrs. Miley's motion to postpone line item 1090 was carried by voice vote. 8:43 P.M. ( See Pages 585 & 586) (Annual Town Meeting - Marc 17, 1980.) Article 4. To Manager's Jurisdiction (Cont.) (Cont.) #1125 Fire & Police Medical 7,000 1130 Director of Guides - P.S. 1.,000 1135 Out -of State Travel 6,000 1141 Tuition & Training Fees 13,500 1142 In -State Travel 10,000 8:44 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 770 8:44 P.M. Town Clerk's Departmen 1150 Personal Services 55,954 1200 Expenses 1,400 8:44 P.M. Board of Appeals 1500 Personal Services 12,431 1550 Expenses 2,430 8:44 P.M. P lanning Board 1600 Personal Services 42,029 1650 Expenses 5,000 Insurance 1700 Group 800,000 1750 Municipal Property & Workmen's Comp. 331,203 8:44 P.M. Printin Town Report 1760 Expenses 10,000 8:45 P.M. Law Department 1775 Law Fees 50,000 1800 Law Expenses 13,000 8 :45 P.M. Elections 1900 Selectmen Jurisdiction 17,890 1950 Town Clerk Jurisdiction 20,800 8:45 P.M. B oard of Registrars 2000 Personal Services 7,375 2050 Expenses 13,550 8:46 P.M. Town Committees 2250 Appropriation Committee Expenses 950 2370 Misc. Committees & Board Expenses 3,450 2380 Council on Aging Expenses 34,425 *To which the sum of $34,425 in available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 ( Genera l_ Revenu Sharing Funds is to be applied 4 2400 Town Celebrations Committee Expenses 7,500 8:47 P.M. Historic Districts Commission 2450 Expenses 1,800 8:47 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Conservation Commission (Cont.) #2460 Expenses 10,575 8:47 P.M. Recreation Committee 2470 Personal Services 129,140 2480 Expenses 20,250 8:47 P.M. Treasurer /Collector's Department 2500 Personal Services 81,651 2525 Expenses 17,370 2575 Foreclosure & Redemption 1,480 8:48 P.M. Comptroller's Department 2800 Personal Services 101,512 2850 Expenses 3,470 8:48 P.M. Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 6,800 2930 Office Machines - Maint. & Repair 6,800 2935 Office Services - Copier & Supplies 8,700 2940 Metered Mail 19,280 8:49 P.M. Assessor's Department 2950 Personal Services 61,585 3000 Expenses 8,300 8:49 P.M. Health Department 3250 Personal Services 42,682 3300 Expenses 10,950 3310 Mystic Valley Mental Health 30,853 *To which the sum of $30,853. in available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 (General Revenue Sharing Funds) is to be applied. 3320 Tri Community Health Services 6,800 3330 Community Services 37,388 *To which the sum of $37,388. in available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 ( General Revenue Sharing Funds is to be applied. 3450 Rabies Clinic 2,535 8:54 P.M. Health Jurisdiction- Animal Control Officer 3500 Personal Services 17,600 3550 Expenses 5,680 8:55 P.M. Police Department 3760 Police Dept. Management and Staff -Pers. Serv. 333,087 (Of which $15,000 is to be tr from t he Par king Meter Fund 3770 Police Dept. Collective bargaining unit- Per.Ser. 879,895 8:55 P.M. Alfred S. Busa moved to divide line items 43770 and 43800 from Article 4 and postpone until after consideration of Article 49. This motion declared carried unanimously. 8:57 P.M. (See Page 550) (Annual Town Meeting - March 17, 1980.) Article 4. Police Department (Cont.) (Cont.) (3900 Parking meter maintenance 1,500 *(of which $1,500. is to be transferred from the Parki Meter Fund — 8:57 P.M. Fire Departmen 4110 Fire Department Management and Staff -Pers. Serv. 90,182 4120 Fire Dept. Collective Bargaining Unit -Pers. Serv. 1,175,264 4150 Expenses 98,900 8:58 P.M. Local Disaster Services 4300 Personal Services 750 4350 Expenses 500 8:58 P.M. Ins pection Department 4450 Personal Services 76,640 4500 Expenses 2,675 8:58 P.M. Public Works Department 4900 D.P.W. Collective Bargaining Unit -Pers. Serv. 1,016,263 (See Pg. Alfred S. Busa moved that line item 4900 be divided from Article 4 537.) and that action on line item 4900 be postponed until after consi_dera- of Article 27. This motion was carried unanimously. 8:59 P.M. Director of Public Works Office 4950 Public Works Mgt. and Staff Pers. Serv. 322,361 5000 Expenses 11,100 9 P.M. Engineering Department 5100 Personal Services 191,510 5150 Expenses 5,800 9 P.M. Town Buildings Maintenance 5200 Personal Services 67,291 5250 Expenses 222,945 9 P.M. Highway Maintenance 5400 Expenses 155,400 (Of which $15,000 is to be transferred from the Parking Meter Fund 9 F.M. Richard A. Michelson moved to amend line item 5400 by striking the words "(Of which $15,000 is to be transferred from the Parking Meter Fund) ". This amendment was declared lost by voice vote. 9:03 P.M. Road Machinery 5450 Expenses 278,700 9:03 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Snow Removal .(Cont.) #5500 Expenses 120,853 (Of which $15,000 is to be transferred from the Parking Meter Fund 9:04 P.M. Traffic Regulations & Street Signs 5550 Expenses 28,000 9:05 P.M. Street Lights 5600 Expenses 280,000 *To which the sum of $150,000 in available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 ( General Revenue Sharing Funds is to be applied. 9:05 P.M. Sewer Maintenance & Services 5700 Expenses 75,166 9:07 P.M. Garbage Collection 5800 Contract 9:07 P.M. 7,200 Robert B. Kent moved that line items 5800 and 5850 be divided from Article 4 and be taken up following consideration of Article 27. This motion carried unanimously. 9:08 P.M. (See Page 538) Water Maintenance & Services 5900 Expenses 79,447 9:08 P.M. Park 6000 Expenses 57,300 9:08 P.M. Insect Suppress 6050 Expenses 10,200 Mary W. Miley stated that a committee had been formed to look into the matter of insect suppression and were now working. John Andrews, Chairman of the committee, was recognized, at the request of Mrs. Miley, and stated that as the committee was newly formed that there was not much to report at this time. After general dis- cussion, Robert I. Rotberg moved that line item 6050 be divided from Article 4 and be postponed until after Article 67. This motion was lost at 9:25 P.M. 6050 The Moderator stated that line ite be divided from Article 4 and as such would be voted on now. FIe then asked for a standing vote as follows: Precinct In Favor Tellers Opposed 1 12 Cornelia C. Johnson 6 2 13 Mary M. McIver 5 3 4 William A. Ridgley 14 4 4 Germania B. Whiting 13 5 10 Madeline A. Shaughnessy 7 6 9 Margaret N. Brooke 7 7 4 John E. Taylor 14 (Annual Town Meeting - March 17, 1980.) Article 4. I nsect Suppression (Cont. (Cont.) Standing vote on line item 6050 (Cont.) Precinct In Favor Tellers Opposed 8 15 Charles E. Connolly 1 9 14 Deborah B. Green 3 At Large 15 William J. Dailey, Jr. 8 Totals 100 78 (See Page Motion offered under line item 6050, which has been divided. from 590) Article 4, declared adopted. 9:30 P.M. Sam V. Nablo served notice of reconsideration of line item 6050 under Article 4. 9:30 P.M. (See Page 590) Article 4. Shade Tree (Cont.) 46100 Expenses 14,600 9:30 P.M. Dutch Elm Disease 6150 Expenses 3,400 9:30 P.M. Cemeteries 6400 Expenses 17,350 9:31 P.M. Veterans' Benefits 7100 Personal Services 10,151 7150 Administration 150 7200 Aid & Expenses 37,000 9:31 P.M. Grave Registrations 7250 Expenses 400 9:31 P.M. Soldiers' Burials 7300 Expenses 250 9:31 P.M. Cary Memorial Library 7500 Personal Services 418,561 7550 Expenses 152,475 * Of which $4,116.08 is to be transferred from the County Dog License Fees 9:32 P.M. Board of Retirement 7800 Contributory Pension Fund 852,432 7810 Pension Funding (See Page 529 and 560) 200,000 7825 Non - Contributory Pension Fund 1.81.,000 7850 Expenses 5,425 9:36 P.M. David G. Williams served notice of reconsideration of line item 7810, but, as no vote had been taken on this item, the Moderator later ruled this notice out of order. 9:37 P.M. (Annual Town Meeting - March 17, 1980.) Article 4. Public Schools (Cont.) #7920 Public School- Education 16,989,262 *Of which $12,100 is for out of state travel. To which the sum of $328,648 in available and antici- pated P.L. 874 and other Federal and State Funds, and $20,000 in available and anticipated athletic receipts is to be applied and the balance of $16,640,614 is to be raised in the tax levy. 9:39 P.M. Otis S. Brown, Jr., Chairman of the School Committee, moved that line item 7920 be divided from Article 4 and the Moderator declared that line item 7920 was now divided from Article 4. 9:43 P.M. Mr. Brown and Supt, of Schools, Dr. John Lawson, both gave an explanation of the school budget. 9:47 P.M. Appropriation Committee Member, George S. Silverman, stated that it was the unanimous opinion of his committee that the School Committee had done a fine job on the budgets over which they had any control. 9:55 P.M. The Moderator stated that, as line item 7920 had been divided from Article 4, a vote would now be taken on the motion offered under 7920 and, due to the tax cap by the state, if the vote was not unanimous, a standing vote would be taken. Motion under line item 7920 was declared carried unanimously. 10:04 P.M. Otis S. Brown, Jr. served notice of reconsideration of line item 7920 under Article 4. 10:04 P.M. Article 4. (Cont.) #8100 Regional Voc. Tech. High School Assessment 396,265 10:05 P.M. 8500 Interest on Debt 151,103 10 :05 P.M. 8525 Tax and Bond Anticipation Loans 340,000 10:05 P.M. 8550 Maturing Debt 1,605,000* *of which $575,942.20 is to be transferred from the Receipts Reserved for Appropriation Account - Conservation Land Reimbursement. 10:05 P.M. David G. Williams asked to have line item 7810 divided from Article 4 and the Moderator stated that line item 7810 was now divided from Article 4. 10 :06 P.M. David G. Williams moved that line item 7810 be postponed until after consideration of Article 51. This motion was carried by voice vote. 10 :07 P.M. (See Pages 528 and 560) The Moderator stated that if the vote on Article 4 was not unani- mous, then a standing vote would be taken. Voice vote on Article 4 (with the exception of line items 1090, 3770, 3800, 4900, 5800, 5850, 6050, 7810 and 7920) was declared carried unanimously. 10:11 P.M. Ufa (Annual Tow Meeting - March 17, 1980.) Article 5. James F. Crain moved that Article 5 be postponed until after consideration of Article 49. Carried Unanimously. 10:11 P.M. (See Page 551) Article 6. Presented by James F. Crain. MOTION; That this article be indefinitely postponed. Carried Unanimously. 10:12 P.M. Article 7. James F. Crain moved. that Article 7 be postponed until after consideration of Article 49. (See Page 551) Carried Unanimously 10:12 P.M. Article B. Presented by Mary W. Miley. MOTION: That the sum of $150,000.00 be appropriated for the Reserve Fund and to raise such amount $1800.00 be transferred from the Reserve Fund - Overlay Surplus and $148,200.00 be raised in the tax levy. Carried Unanimously. 10:15 P.M. Article 9. Presented by Mary W. Miley. MOTION: That the Town Treasurer, with the approval of the Select - men, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1980, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried Unanimously. 10:16 P.M. Article 10. Presented by Mary W. Miley. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:16 P.M. Article 2. Robert B. Kent moved that the Selectmen's Report on Sewer Construction be accepted and placed on file. Carried Unanimously. 10:17 P.M. Article 11. Presented by Martha C. Wood. MOTION; That this article be indefinitely postponed. Carried Unanimously. 10:17 P.M. Article 12. Presented by Robert B. Kent. MOTION: That the sum of $75,000.00 be appropriated for engineering services for an inflow infiltration study of the Town's sewer system, that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Carried Unanimously. 10:18 P.M. (Annual Town Meeting - March 17, 1980.) Article 13. Presented by Robert B. Kent. MOTION: That the sum of $90,000.00 be appropriated for refurbishing the water towers located off Jean Road, and that such amount be raised in the tax levy. Carried Unanimously. 10:22 P.M. Article 14. Presented by Robert B. Kent. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:22 P.M. Article 15. Presented by Mary W. Miley. MO'T'ION: That the sum of $40,000.00 be appropriated for engineering services for a comprehensive study of the Town's drainage system, and that such amount be raised in the tax levy, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Carried Unanimously. 10:23 P.M. Article 16. Presented by Mary W. Miley. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:24 P.M. Article 17. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a (As town way Kendall Road from Apollo Circle a distance of 415 feet, adopted - more or less, to Vine Brook, as laid out by the Selectmen and shown See upon a plan on file in the office of the Town Clerk, dated January Pages 2, 1980, and to authorize the Selectmen to take by eminent domain, 533 & purchase or otherwise acquire any fee, easement or other interest in 534) land necessary therefor, that the sum of $37,350.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Kendall Road as is necessary, and that to raise such amount $31,756.52 be transferred from the Sale of Real Estate Fund and $5,593.48 be raised in the tax levy. 10:25 P.M. Erna S. Greene questioned the need of the sidewalk and wished to know the cost. The Town Manager stated that his best estimate would be in the vicinity of $6,000. 10:30 P.M. Erna S. Greene moved that the motion under Article 17 be amended by striking the figure $37,350.00 and substituting therefor the figure $31,350.00, by striking the figure $31,756.52 and substituting there- for the figure $31,350.00 and by striking the words "and $5,593.48 be raised in the tax levy ". 10:37 P.M. Mrs. Camac of 96 Kendall Road spoke from the balcony and questions were raised by many of the members in regard to the sidewalk being constructed on the wrong side of Kendall Road. It was felt by them that the sidewalk should be on the side where the houses were as children would have to cross the street in order to use the new sidewalk. 10:50 P.M. After much discussion, Mary W. Miley moved that this article (Article 17) be tabled and this motion was declared carried by voice vote. 10:50 P.M. (Annual Town Meeting - March 17, 1980.) Mary W. Miley moved that this meeting be adjourned to Wednesday, March 19, 1980 at 8 P.M. in Cary Memorial Hall. 10:50 P.M. This motion was declared carried by voice vote. 10:50 P.M. A true copy. Attest: 1 Mary R. McDonough, Town Clerk xxxxx ADJOUR SESSION OF THE 1980 ANNUAL TOWN MEETING 533 HELD MARCH 19, 1980 r 'The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation offered by Rev. Polly Laughland of the Follen Community Church. 8:12 P.M. Mary W. Miley moved that Article 17 be taken off the table. This motion was carried unanimously. 8:13 P.M. Article 17. (See Page 531.) The Moderator stated that the meeting was now open on Article 17 and the question on the floor at this time was the amendment offered (on March 17, 1980) by Erna S. Greene. He also stated that the time for discussion on the amendment would start now. 8:14 P.M. Town Engineer, Michael Hanlon was recognized and explained the procedures regarding the sidewalk on Kendall Road and said that his explanation covered both Article 17 and 22. 8:18 P.M. Mrs. Miley reaffirmed the Selectmen's position to construct the sidewalk on the west side of Kendall Road. In answer to a question by Renee Cochin, Mrs. Miley said there would be betterments on the side that the sidewalk would be constructed and also that the sidewalk would be plowed. 8:20 P.M. The Moderator read the amendment as presented by Mrs. Greene on Monday, March 17, 1980: "I move that the motion under Article 17 be amended by striking the figure $37,350.00 and substituting therefor the figure $31,350.00, by striking the figure $31,756.52 and substituting therefor the figure $31,350.00 and by striking the words "and $5,593.48 be raised in the tax levy ". 8:20 P.M. Manfred P. Friedman, Chairman of the Planning Board, stated that the Planning Board unanimously supports.Article 17, 18 and 19, the construction of the streets.and also favor the sidewalk on Kendall Road. They are opposed to Mrs. Greene's amendment. Mr. Friedman filed the report of the Planning Board covering Kendall Road, Rockville Avenue and Sanderson Road. 8:22 P.M. In response to a question by Richard A. Michelson, Mr. Friedman stated that the construction of the sidewalk on Kendall. Road was a problem for the Board of Selectmen and the neighborhood. 8:22 P.M. After general discussion, mostly about the side on which the side- walk was to be constructed, Mrs. Greene's amendment was declared lost by voice vote. 8:27 P.M. I Voice vote on the main motion, as presented by Mary W. Miley on March 17, 1980, was not unanimous so the Moderator called for a standing vote as follows: Pre cinct In Favor Teller Opposed 1 12 Cornelia C. Johnson 0 2 19 Mary M. McIver 0 3 16 William A. Ridgley 2 4 10 Germania B. Whiting 3 5 16 Madeline A. Shaughnessy 2 6 14 Margaret N. Brooke 2 7 16 John E. Taylor 0 xkXi (Adjourned Session of the 1980 Ann Town Meeting - March 19, 1980.) 534 Article 17. Standing vote on main motion offered by Mrs. Miley: (Cont.) (Cont.) Precinct In Favor Tellers Opposed 8 14 Charles E. Connolly 0 9 17 Deborah B. Green 0 At Large 20 William J. Dailey, Jr. 0 Totals 154 9 Main motion, as offered by Mary W. Miley at the March 17, 1980 session of this town meeting,(which reads as follows) was declared adopted. 8:28 P.M. MOTION AS ADOPTED: MOTION: To establish as a town way and accept the layout of as a town way Kendall Road from Apollo Circle a distance of 415 feet, more (As or less, to Vine Brook, as laid out by the Selectmen and shown upon a adopted) plan on file in the office of the Town Clerk, dated January 2, 1980, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, that the sum of $37,350.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Kendall Road as is necessary, and that to raise such amount $31,756.52 be transferred from the Sale of Real Estate Fund and $5,593.48 be raised in the tax levy. (See above for vote count) Article 18. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a town way Rockville Avenue from Philip Road a distance of 360 feet, more or less, to Davis Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1980, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, that the sum of $72,000.00 be appropria- ted for such land acquisition, construction, alteration and re- construction of Rockville Avenue as is necessary, and that such amount be raised in the tax levy. 8:30 P.M. Town Engineer, Michael Hanlon showed diagrams of the area and, in answer to Lloyd Gilson, stated that there were five homes on Rock - ville Avenue and two at the corner of Philip Road that would be affected. 8:33 P.M. Town Manager, Robert M. Hutchinson, Jr. stated that the principal of Bowman School supported this construction. 8:37 P.M. Katherine G. Fricker questioned the safety of the school children and the school bus with the construction of a hump on Philip Road and wondered if the school principal_ was aware of this. Mr. Hanlon didn't know if the school principal was aware of this but felt that there was no cause for concern regarding safety. 8:39 P.M. William A. Ridgley felt that it should be brought to the attention of the meeting that a house had burned to the ground because the fire truck could not maneuver on this street and Judith J. Totman, a Town Meeting Member and resident of this area, spoke of the -- hazardous condition of the street. 8:42 P.M. Main motion, as presented by Mrs. Miley, declared carried unanimously. 8:43 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) XXXXX 535 Article 19. Presented by Mary W. Miley. MOTION: To establish as a town way and accept the layout of as a town way Sanderson Road from Bryant Road a distance of 1350 feet northerly, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1980, 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. 8:44 P.M. Article 20. Presented by Robert B. Kent. MOTION: That the Selectmen be and they hereby are authorized to reconstruct and improve the intersection of Adams and North Street, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate $53,000.00 for such reconstruction, improvements and land acquisition, and that such amount be raised in the tax levy. 8:45 P.M. Mr. Kent spoke of the dangerous traffic problem at this corner and stated that there would not be any street betterments but, where the sidewalk would be constructed, there would be sidewalk better- ments. He added that the Board of Selectmen unanimously supported this motion. 8:47 P.M. Donald B. White, Chairman of the Appropriation Committee, stated that although his committee was not unanimously opposed to this motion, they did have some reservations. 8:51 P.M. °'In answer to questions raised by Neil Gray, Mr. Kent stated that the state would not allow a four way stop sign and if a two way stop sign was used, it could not be on the road from Burlington. It would have to be on the less traveled way. 8:53 P.M. In answer to Elizabeth M. Flynn, the Town Engineer said that there would not be any road taking but there would be an easement. 8:53 P.M. Manfred P. Friedman informed the meeting that the Planning Board unanimously supported this proposal. 8:53 P.M. Town Meeting Members Edward W. Jervis, Jr. and Warren Roberts, both residents in this area, spoke for themselves and for the neighbor- hood in support of this proposal in the interest of safety. 8:55 P.M. Main motion, as presented by Mr. Kent, declared carried unanimously. 8:57 P.M. Article 21. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:57 P.M. Article 22. Presented by Alfred S. Busa. I MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one -half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $9,100.00 for such construction and land acquisition, and that such amount be raised in the tax levy. 8:57 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) 536 Article 22. Prank Sandy moved to amend the motion by deleting the figure of (Cont.) $9,100.00 and substituting therefor the figure of $13,300.00. 9 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported this amendment. 9:05 P.M. Motion to amend, as offered by Mr. Sandy, declared carried by voice vote. 9:07 P.M. Main motion, as amended, now reads: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one -half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land and to appropriate the sum of $13,300.00 for such con - struction and land acquisition, and that such amount be raised in. the tax levy. Main motion, as amended, declared carried unanimously. 9:08 P.M. Article 23. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1981 Annual Town Meeting. Carried Unanimously 9:08 P.M. Arthur C. Smith served notice of reconsideration of Article 22. 9:10 P.M. Article 24. Presented by Alfred S. Busa. MOTION: That the sum of $147,600.00 be appropriated for the pur- chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. 9:10 P.M. William A. Ridgley moved to amend the motion by striking the sum of $147,600.00 and substituting therefor the sum of $139,800.00. 9:13 P.M. Amendment as offered by Mr. Ridgley declared carried by voice vote. 9:18 P.M. Main motion, as amended, now reads: (As MOTION: That the sum of $139,800.00 be appropriated for the pur- adopted) chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. Main motion, as amended, declared carried unanimously. 9:18 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1980.) Article 25. Presented by Alfred S. Busa. MOTION: That the Town Manager be and he hereby is authorized with the approval of the Board of Selectmen to dispose of surplus Depart- ment of Public Works equipment, including a back -hoe shovel and pumping station equipment, valued in excess of $1000. Carried Unanimously. 9:20 P.M. Article 26. Presented by Margery M. Battin. MOTION: That the sum of $24,000.00 be appropriated for the development of Westview Cemetery, and that to raise such amount $18,000.00 shall be transferred from Westview Cemetery Sale of Lots Fund and $6,000.00 be raised in the tax levy. Carried Unanimously. 9:23 P.M. Article 27. Presented by Margery M. Battin. MOTION: That the sum of $510,000.00 be appropriated for providing curbside collection of solid waste, and that such amount be raised in the tax levy. 9:24 P.M. Mrs. Battin stated that the Board of Selectmen unanimously supported the recommendations of the Solid Waste Committee in going to town - wide rubbish collection. 9:28 P.M. James P. Reilly, Chairman of the Solid Waste Committee, stated that his committee recommended against separate collection of recyclables as at present it is not cost effective. They do recommend that the recycling bins be kept alive - possibly one or two days at the landfill or five days at the DPW building. 9:41 P.M. Appropriation Committee Chairman, Donald B. White, commended the Solid Waste Committee and stated that the Appropriation Committee supported this proposal. 9:42 P.M. Responding to James M. McLaughlin's comment that collections would be only for residential houses, Mrs. Battin said that that was correct as businesses would have to dispose of their own rubbish. She added that the town has a fixed bid and that if business pick -up was to be added, it would double the price. 9:44 P.M. The Town Manager informed the meeting that the trucks would be able to handle large objects on a weekly basis, not necessarily just twice a year. In regard to the pick -up company, he said that the town had investigated as best they could and were satisfied that they were a reputable concern and that there was no safety problem. Also, there are penalty clauses in the contract which should protect the town and /or citizens if damage is done. Responding to the concern of damage to the streets over which the heavy trucks would be driving, Mr. Hutchinson said that he didn't anticipate any problems. 10:02 P.M. Main motion, as presented by Mrs. Battin, declared carried unanimously. 10:03 P.M. The Moderator stated that the meeting was now open on Article 4, Line Item 4900. (See Page 526) Article 4. Presented by Alfred S. Busa. Public Works Department 44900 D.P.W. Collective Bargaining Unit -Pers -Sere. 1,016,263 ( *Of which $20,000 is to be transferred from the Westview Perpetual Care Fund) Carried Unanimously. 10:05 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 19, 1 980.) The Moderator stated that the meeting was now open on Article 4, Line Item 5800. (See Page 527) Article 4. Presented by Robert B. Kent. Garb Collection ##5800 Contract 7,200 Carried Unanimously. 10:05 P.M. The Moderator stated that the meeting was now open on Article 4, Line Item 5850. (See Page 527) Article 4. Presented by Robert B. Kent. Sanitary Land Fil #5850 Expenses 23,990 Carried Unanimously. 10:06 P.M. Article 28. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:08 P.M. Article 29. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized to contract with the Northeast Solid Waste Committee for the disposal of solid waste, such contract to be generally in the form described in this article and on file in the office of the Town Clerk, with such changes as may be approved by the Selectmen. 10:09 P.M. Mrs. Battin spoke on this article and asked that Robert Hauser, Jr. of the Solid Waste Committee be recognized. In response to a question by Richard A. Michelson, Mr. Hauser said that this system would generate power and would sell to New England Power Company. 10:17 P.M. Donald B. White said that the Appropriation Committee, at this time, is not in favor of this proposal and wonders what will happen if it fails. 10 :17 P.M. Jacqueline B. Davison served notice of reconsideration of Article 27. 10:18 P.M. Mary W. Miley served notice of reconsideration of Article 4, Line Items 4900, 5800 and 5850. 10:23 P.M. Article 29. George A. Burnell moved for indefinite postponement of Article 29 (Cont.) which was declared lost by voice vote. 10:32 P.M. (Adjourned Session of the 1.980 Annual Town Meeting —March 19, 1 Article 29. Fred C. Bailey moved the previous question which was declared (Cont.) carried by voice vote. 10:34 P.M. Main motion, as presented by Mrs. Battin, declared carried by voice vote. 10:35 P.M. Mary W. Miley moved that the meeting be adjourned to Monday, March 24, 1980 at 8 P.M. in Cary Memorial Hall. 10:35 P.M. The Moderator stated that he has been asked what would be coming up in the future meeting and, that the only thing that he could tell the meeting was that if Article 47 is not reached, a motion will be made to bring it up at next Monday's meeting. He said that is the information that has been given to him. 10:36 P.M. Frank Sandy brought up the question of meeting on Monday, March 31, 1980 as it is the eve of Passover. 10:36 P.M. Mary W. Miley, Chairman of the Board of Selectmen, asked the Moderator to get the sense of the meeting in regard to meeting on March 31. It was the unanimous sense of the meeting that there would not be a session of the 1980 Annual Town Meeting on March 31, 1980, the eve of Passover. 10:37 P.M. Mrs. Miley's motion that this meeting be adjourned to Monday, March 24, 1980 at 8 P.M. in Cary Memorial Hall was declared carried. 10:37 P.M. A true copy. Attest: — � 4 Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HEL MARCH 24, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. d. There were 180 Town Meeting Members present. The invocation was offered by Rev. Charles L. Wilson, Minister at the First Parish Church, Unitarian Universalist. 8:12 P.M. James M. McLaughlin moved that Article 47 be taken up, out of order, at this time as Ronald Fitgerald was available this evening. This motion was carried unanimously. 8:13 P.M. Article 47. Presented by Margery M. Battin. MOTION: That the Town accept the amendment to the agreement establishing the Minuteman Regional Vocational Technical School District as proposed by vote of the Minuteman School Committee on February 20, 1979 as set forth in this article. 8:14 P.M. Mrs. Battin explained that each new member town will pay to Minuteman for a period of ten years, commencing with the second year of the new town's membership and ending on the eleventh year of such member- ship, an annual surcharge of $400 per pupil enrolled on October lst of the prior year. This surcharge would serve as partial reimburse- ment to the members of Minuteman for their payments of capital costs on Minuteman's original school building. The new towns are Bolton, Lancaster and Needham. 8:15 P.M. At Mrs. Battin's request, Ronald Fitzgerald, Superintendent of the Minuteman Vocational. Technical School was recognized. Mr. Fitzgerald listed the following advantages for the current members as follows: 1. Adequate enrollment base for career exploration. 2. Holding down the cost per student. 3. Gaining a higher return on the initial investment in construction. 8:18 P.M. Main motion, as presented by Mrs. Battin, declared carried unanimously. 8:18 P.M. Mary W. Miley informed the meeting that the Selectmen will ask that Article 32 be postponed until after the next meeting following the Wednesday meeting. In other words, it will be the first meeting after next Wednesday's (March 26) meeting. The Moderator stated that the meeting was not at Article 32 yet. At that time, it will be in order to make a. motion. 8:19 P.M. The Moderator, in response to the request of various members, asked for a sense of the meeting in regards to omitting a meeting on April 2, 1980 which is in Holy Week. (On March 19, 1980 a sense of the meeting vote was that there would not be a meeting on March 31, 1980, the eve of Passover.) The sense of the meeting was that there would not be a meeting on March 31, 1980 but that there would be a meeting on April 2, 1980. 8:21 P.M. Article 30. Presented by James F. Crain. MOTION: That the sum of $27,000.00 be appropriated to purchase an -- ambulance for the Fire Department, that such amount be raised in the tax levy, and that the Town Manager be authorized to trade in or sell another ambulance with the proceeds to be applied to the cost of the new ambulance. 8:21 P.M. After Mr. Crain explained the need for the new ambulance, his motion was declared carried unanimously. 8:23 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 31. Presented by James F. Crain. MOTION: That the sum of $125,000.00 be appropriated to purchase a new police communication system (Boston Area Police Emergency Radio Network), and that such amount be raised in the tax levy. 8:23 P.M. Both the Board of Selectmen and the Appropriation Committee favor this proposal according to Robert B. Kent and Barry A. Hall, III. Mr. Hall added that if not purchased this year, the cost will be increased next year. 8:25 P.M. Captain Paul Furdon of the Lexington Police Department spoke on this article and introduced Timothy Coogan, General Counsel of the Greater Boston Police Council. This council was formed ten years ago for improving the quality of police services. Mr. Coogan then gave an explanation of this new system and answered many questions. 8:37 P.M. Stephen Michael Politi served notice of reconsideration of Article 30. 8:38 P.M. Article 31. In response to a question by Sam Nablo, Mr. Coogan said that the (Cont.) system would be owned completely by the town. 8:45 P.M. Main motion under Article 31, as offered by Mr. Crain, declared carried unanimously. 8:50 P.M. Article 32. James F. Crain moved, for the Board of Selectmen, that Article 32 be postponed until Wednesday, April 2, 1980. 8:51 P.M. (See Mr. Crain stated that the bid for Lex -Press was received a week Pages ago and as it has an escalator clause in it, the Selectmen feel 554 - that they need time to give the proper attention to details and 560) they also wish to have a proper dialogue with the Appropriation Committee. 8:52 P.M. Motion to postpone Article 32 until Wednesday, April 2, 1980 was declared carried unanimously. 8:53 P.M. Article 33. Presented by Margery M. Battin. MOTION: That the sum of $7,500.00 be appropriated for a needs (See assessment for a Senior Citizens Center and the determination of Pages the suitability of Munroe School and Muzzey Junior High School for 552 & such a facility, and that such amount be raised in the tax levy. 553) 8:53 P.M. Mrs. Battin reported to the town meeting as requested at the 1979 Annual Town Meeting. She stated that the Selectmen recommend the appropriation of $7,500 to do a thorough needs assessment for future needs. 9 P.M. Under Article 2, Mrs. Battin moved that the report as mandated by Article 31 of the 1979 Annual Town Meeting be accepted and placed on file. Carried Unanimously. 9 P.M. Donald B. White, for the Appropriation Committee, moved that this article be tabled until after Article 52, but he corrected his motion to postponement until after Article 52. 9:02 P.M. After general discussion, Mr. White moved to amend his motion to read that Article 33 be postponed until after Article 49. Amendment declared carried by voice vote. 9:09 P.M. Mr. White's motion, as amended, that Article 33 be postponed until after Article 49, declared carried by voice vote. 9:12 P.M. N (Adjourned Session of the 1980 Annual Town Meeting - Marc 2 4, 19 80.) . Article 34. Presented by Norman N. Connolly. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Board of Health under_ G.L. c.40 s.5(40C) and a contract to be entered in Lo with Central Middlesex Association for Retarded Citizens, Inc. (CMARC), which contract shall provide that the funds from the Town shall be earmarked toward a contract procurement salaried position for CMARC, and that such amount be raised in the tax levy. 9:13 P.M. Robert Cassidy, Director of CMARC, gave an explanation and answered many questions. At the request of Renee Cochin, Mr. Cassidy read from the last audit report and stated that the total budget for the year was $238,847. 9:27 P.M. Margery M. Battin said that the Board of Selectmen recommended that the town meeting approve the appropriation of $5,000.00. Motion, as presented by Mr. Connolly, declared carried unanimously. 9:28 P.M. Article 35. Presented by Judith J. Uhrig. MOTION: That the sum of $14,650.00 be appropriated for the develop- ment of and upgrading neighborhood playgrounds and parks in such locations as the Recreation Committee may determine with approval of the Board of Selectmen, and that such amount be raised in the tax levy. 9:30 P.M. Mary W. Miley stated that although the Board of Selectmen are sympathetic to the work that the Recreation Committee has been doing, they are not in accord with this request. They feel that this project could be done within their regular operating budget. 9:33 P.M. Nyles Nathan Barnert expressed the support of the Capital Expendi- tures Committee and Donald B. White said that the Appropriation Committee did not support the motion. 9:34 P.M. Renee Cochin served notice of reconsideration of Article 34. 9:37 P.M. Article 35. Mary W. Miley said that the Selectmen feel that this year is not (Cont.) the year for these programs. 9:39 P.M. Motion, as presented by Mrs. Uhrig under Article 35, declared carried unanimously. 9:46 P.M. Article 36. Presented by Manfred P. Friedman. (Approved MOTION: That the Zoning By -Law of the Town be reorganized as by Atty. described in this Article and as set forth in the draft on file General, in the office of the Town Clerk. July 28, 9 :47 P.M. 1980. Posted in "Article 36 as described in the article in the warrant: Town Office Bldg. and To see if the Town will vote to amend the Zoning By -Law by (i) nine reordering and renumbering the existing By -Law, (i..i) adding pa.ra- precincts graph titles and (iii) eliminating the sections relating to on Aug. 7, geographical descriptions of the various zoning districts (such 1980.) districts being shown on the Town Zoning District Map) in accord - ance with the draft on file in the offices of the Town Clerk and Planning Board, or act in any other manner in relation thereto." (ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING - MARCH 24, 1980.) Article 36. (For the draft as filed in the office of the Town Clerk. See in (Cont.) file with minutes, attendance record, reports etc. of the March 24, 1980 Adjourned Session of the 1980 Annual Town Meeting.) Mr. Friedman filed the Report of the Planning Board on Article 36 and stated that the Board unanimously supported this article. 9:50 P.M. Motion offered under Article 36 by Mr. Friedman, declared carried unanimously. 9:50 P.M. Article 2. David G. Williams moved that a report from the Conservation Commission be accepted and placed on file. Mr. Williams read the report. Carried Unanimously. 9:57 P.M. Article 37. Presented by Susan S. Solomon. 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 140C on Assessors' Property Map 64 and described in deed recorded in Middlesex South Registry of Deeds, Book 11704, page 193, now or formerly of Rowena Robinson, that the sum of $37,000.00 be appropriated for such land acquisition, and that to raise such amount $1,000.00 be transferred from the appropria- tion voted under Article 52 of the warrant for the 1974 Annual Town Meeting and $36,000.00 be transferred from the appropriation voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. 9:58 P.M. Donald B. White stated that the Appropriation Committee supported this motion. 10 P.M. In response to a question by Warren Roberts, Mrs. Solomon stated that the appraisal figure was $37,000. Motion, as offered by Mrs. Solomon, declared carried unanimously. 10:01 P.M. Article 38. 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 Commis- sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 6, 7 and 8 on Assessors' Property Map 73 and described in deed recorded in Middlesex South Registry of Deeds, Book 10040, page 208 and in deed with Middlesex Probate Court Case #441107 now or formerly of Rita J. Breslin and Theresa G. McNamara and the Estate of Joseph Goodwin, subject to a road easement and to -- the existing Boston Edison Company transmission line easement, and that the sum of $50,000.00 be appropriated for such land acquisition, and that to raise such amount $25,000.00 be transferred from the appropriation voted under Article 55 of the Warrant for the 1976 Annual Town Meeting and $25,000.00 be transferred from the appropria- tion voted under Article 40 of the Warrant for the 1975 Annual Town Meeting. 10:02 P.M. Donald B. White stated that the Appropriation Committee supported this motion. 10:05 P.M. Mr. Smith's motion declared carried unanimously. 10:05 P.M. k . (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 39. Presented by Angela B. 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 Lot 53G on Assessors' Property Map 16 and. described in deed recorded in Middlesex South Registry of Deeds, Book 9271, page 407, now or formerly of Trinity Covenant Church that the sum of $100,000.00 be appropriated for such land acquisi- tion, and that such amount be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting. 10:07 P.M. Donald B. White stated that the Appropriation Committee supported this article. 10:09 P.M. Motion, as offered by Mrs. Frick, declared carried unanimously. 10:10 P.M. Article 40. Francis W. K. Smith moved that Article 40 be tabled. 10:10 P.M. Carried Unanimously. 10:10 P.M. (See Page 586) Article 41. Presented by Shirley H. Stolz. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in. all. or any part of land shown as Lot 2 on Assessors' Property Map 19, Lot 58 on Assessors' Property Map 31, Lot 111 on Assessors' Property Map 78, Lot 57 on Assessors' Property Map 88 and Lots 23, 29 and 31 on Assessors' Property Map 90. 10:12 P.M. Mrs. Stolz listed the locations as follows: Lot 2: Waltham line. Lot 58: Corner of Marrett Road and Bacon Street. Lot 111: Parker School transfer. Lot 57: James Street lot. Lots 23, 29 & 31: Adjacent to the Marvin Street playground. 10:15 P.M. Donald B. White stated that the Appropriation Committee supported this motion. 10:18 P.M. Because of the use of conservation land as agriculture land last year, Elaine Dratch asked if hearings would be held in the future if this was to happen again and Francis W. K. Smith answered in the affirmative. Mrs. Dratch then asked if any of the takings this year could he used as agricultural land and Shirley Stolz answered in the negative. 10:25 P.M. Motion, as offered by Mrs. Stolz, declared carried unanimously. 10:26 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 24, 1980.) Article 42. Presented by Shirley H. Stolz. MOTION: That the sum of $10,000.00 be appropriated to the Con- servation Fund, established by vote under Article 9 of the warrant for the Special Town Meeting of June 8, 1964, and that such amount be raised in the tax levy. Carried Unanimously. 10:29 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, March 26, 1980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 10:31 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk SPECIA ELECTION - TOWN MEETI MEMB ERS - PRECINCT SIX March 26, 1980 A special election for Town Meeting Members of Precinct Six only was held Wednesday, March 26, 1980 at 7:30 P.M. in Estabrook Hall to fill the vacancy caused by the resignation of H. Bigelow Moore, 50 Hancock Street on March 17, 1980. As there was no defeated candidate from the March 3, 1980 Annual Town Election available, it was necessary for the existing members from Precinct Six to elect a member from among the registered voters of Precinct Six. There were eleven (11) Town Meeting Members from Precinct Six present. Susan S. Solomon acted as Chairman of the meeting and Margaret N. Brooke acted as Clerk of the meeting. The following nominations were made from the floor: Name and Address Nominated By Judith B. Marshall, 6 Chandler Street Edith Sandy Dean H. Curtin, 33 Adams Street Earl F. Baldwin, Jr. The election was held by secret (paper) ballot, counted by the Chairman and the Clerk, results as follows: Candidate Votes Received Judith B. Marshall 9 Dean H. Curtin 2 Total 11 Judith B. Marshall was duly elected as a Town Meeting Member in Precinct Six for a term ending in March 1981 and hereby accepts her election. Six Town Meeting Member Position in Precinct /(until March 1981) is hereby accepted. /Signed/ Judith B. Marshall 6 Chandler Street /Signed/ Susan S. Solomon, Chairman /Signed/ Margaret N. Brooke, Clerk ADJOURNED SESSION OF THE 198 ANNUAL TOWN MEETING HELD MARCH 26, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. in Cary Memorial Hall at 8:08 P.M. There were 173 Town Meeting Members present. The invocation wa.s offered by Rev. Ted R. Peterson, Rector of the Church of Our Redeemer. 8:10 P.M. Article 2. Manfred P. Friedman moved that the Report of the Lexington Planning Board to the 1980 Town Meeting on Current Land Use and Developments in Lexington be accepted and placed on file. Carried Unanimously. 8:1.0 P.M. Manfred P. Friedman, Chairman of the Planning Board, announced the appoint- ment of the new Planning Director - Robert A. Bowyer, 7 Woodcliffe Road, Lexington, Mass. 8:12 P.M. Town Manager, Robert M. Hutchinson, Jr. then spoke of the appointment and introduced Mr. Bowyer. 8:13 P.M. Robert A. Bowyer, who is an elected Town Meeting Member from Precinct Three, then spoke to the meeting. He stated that, as a result of a discussion with the Town Manager, it was felt that it would be inappropriate for him (Bowyer) to serve as a Town Meeting Member while being a paid employee as there could be a conflict because of the position that he would hold. He said that he would resign as a Town Meeting Member from Precinct Three effective tomorrow (March 27, 1980) and that he would also resign as an Associate Member of the Board of Appeals. He added that he would not vote on or get into any discussion on any article this evening. Mr. Bowyer filed both resignations (as mentioned above) with the Town Clerk. 8:15 P.M. Article 2. Chairman of the Board of Selectmen, Mary W. Miley stated that the Board of Selectmen had met this evening with the Appropriation Committee and the Capital Expenditures Committee and wanted the meeting to know what was being planned on upcoming articles. All financial articles, with the exception of the Lex -Press article which is to be brought up on April 2, 1980, will be brought up after Article 49. Article 3 would propose supplemental appropriations for Line Items 5250, 5600 and 7550 under Article 4. Line Items 3770 and 3800, also under Article 4, should be voted at $879,895 and $160,425 since no Police contract is in the immediate offing and a Special Town Meeting will be necessary to deal with these costs. 8:20 P.M. Article 43. Presented by Frank I. Michelman. MOTION: That the sum of $138,000.00 be appropriated for re- modelling, reconstructing or making extraordinary repairs to the high school library and science facilities, and that such amount be raised in the tax levy. 8:20 P.M. Mr. Michelman gave a detailed explanation of this motion. 8:30 P.M. Nyles Nathan Barnert stated that the Capital Expenditures Committee felt that the need had been demonstrated and therefore supported this motion. 8:31 P.M. Donald B. White stated that the Appropriation Committee felt that the timing was good and therefore supported this motion. 8:31 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 43. Marthur H. Kalil questioned about accreditation if this remodelling (Cont.) was not authorized and Mr. Michelman answered that accreditation was not in any immediate danger. 8:32 P.M. In response to a question by Robert I. Rotberg, Mr. Michelman said that the work would be performed and finished during the summer and therefore should not interfere with the students and teachers during the school year. After general discussion, the motion, as offered by Mr. Michelman, was declared carried unanimously. 8:54 P.M. Article 44. Presented by Patricia A. Swanson. MOTION: That the sum of $331,760.00 be appropriated for installing energy saving equipment in the school buildings of the Town, and that such amount be raised in the tax levy. 8:55 P.M. Donald B. White said that the Appropriation Committee had voted to approve this expenditure prior to the increase in the transportation budget and are not changing their approval, but, they do have some questions. They urged the School Committee to have a good look at the major expenditures. 8:57 P.M. Nyles Nathan Barnert expressed the strong support of the Capital Expenditures Committee in regard to this motion. 8:59 P.M. George A. Burnell moved to amend the motion by striking the figure of $331,760. and inserting therein the amount of $172,981. This motion to amend was declared lost by voice vote. 9:09 P.M. Main motion, as presented by Mrs. Swanson, declared carried unanimously. 9:10 P.M. Article 45. Presented by Mary W. Miley: MOTION: That the care, custody, management and control of the Adams School and the land adjoining it be transferred from the School Department to the Board of Selectmen effective September 1, 1980; to appropriate for such care, custody, management and control the sum of $10,000.00 therefor; that such amount be raised in the tax levy; and that the School Committee be authorized to dispose of surplus personal property and material in connection with the transfer of surplus buildings and the use of remaining buildings. 9:10 P.M. Frank Sandy asked if the Selectmen planned to lease the Adams School next year and wondered if they had any potential tenants. Mrs. Miley answered that the Selectmen did not have any plans but would proceed with the same process as had been utilized with the other schools that had been turned over to the town. 9:12 P.M. James E. Barry asked if the playground would be conveyed at this time and Dr. John Lawson, School Superintendent, answered that the playground was not under the control of the School Committee. Mrs. Miley said that the Selectmen do not intend to convey any property at this time. 9:15 P.M. Patricia K. Hagedorn asked about the playground at Parker School and Norman P. Cohen, Town Counsel, said that the playground at Parker had been under the control of the School. Committee. The Town Manager said that Adams had a unique situation as the play- ground at Adams School was under the control of the town. 9:18 P.M. Richard A. Michelson moved that this article be tabled but this motion was declared lost by voice vote. 9 :19 P.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 45. James M. McLaughlin moved the previous question which was declared (Cont.) carried by voice vote. 9:24 P.M. Voice vote on main motion, as presented by Mary W. Miley, was not unanimous, so the Moderator asked for a standing vote with results as follows: Precinct I n Favor Tellers Opposed 1 5 Cornelia C. Johnson 4 2 19 Mary M. McIver 0 3 12 Joy C. Buchfirer 2 4 16 Germania B. Whiting 0 5 20 Madeline A. Shaughnessy 0 6 15 Margaret N. Brooke 0 7 17 John E. Taylor 0 8 17 Charles E. Connolly 0 9 14 Deborah B. Green 1 At Large 18 William J. Dailey, Jr. 2 Totals 153 9 Main motion, as presented by Mrs. Miley, declared adopted. 9:27 P.M. Article 46. Presented by Margery M. Battin. MOTION: That the Town accept Section 71E of Chapter 71 of the General Laws. 9:27 P.M. (Chapter 71, Section 71E. EXPENDITURE OF RECEIPTS FROM ADULT EDUCATION, CONTINUING EDUCATION, SUMMER SCHOOL, AND COMMUNITY SCHOOL PROGRAMS. In any city or town which accepts this section, all moneys received by the school committee in connection with the conduct of adult education and continuing education programs, including, but not limited to adult physical fitness programs conducted under section seventy -one B, summer school programs, and programs designated by prior vote of said committee as community school programs, and in connection with the use of school property under section seventy -one, shall be deposited with the treasurer of the town or city and held as separate accounts. The receipts held in such a separate account may he expended by said school committee without further appropriation for the purposes of the program or programs from which the receipts held in such account were derived or, in the case of the use of school property account, for expenses incurred in making school property available for such use, not- withstanding the provisions of section fifty -three of chapter forty -four of the General Laws. A city or town may appropriate funds for the conduct of any such program or for expenses incurred in making school property available for such use, which funds shall be expended by the school committee in addition to funds provided from other sources. Three years from the date a city or town accepts the provisions of this paragraph, and every third year thereafter, said city or town may act to rescind its original acceptance.) Motion, as presented by Mrs. Battin, declared carried unanimously. 9:28 P.M. ** Article 48. Presented by James F. Crain. MOTION: That the Town establish an unemployment compensation fund pursuant to Section 5E of Chapter 40 of the General Laws, and that the unexpended balance of line item 1725 of the current fiscal year budget be transferred to such fund. Carried Unanimously. 9:28 P.M. ** Article 47. (See Page 540) j ( Adjourned Session of the 1980 Annual To wn Meeting - March 26, 1980.) Article 49. Presented by James F. Crain. MOTION: That the unused borrowing authorizations of $10,000 voted under Article 17 of the Warrant for the 1973 Annual Town Meeting and $35,000 voted under_ Article 55 of the Warrant for the 1973 Annual Town Meeting be hereby rescinded. Carried Unanimously. 9:29 P.M. Article 3. Presented by Robert B. Kent. (See Page 523) MOTION: That the sum of $35,000.00 be appropriated for the following line items, to be used in conjunction with money appropriated under Article 4 of the Warrant for the 1979 Annual Town Meeting, and that to raise such amount $35,000.00 be transferred from the Excess and Deficiency Account. Account # Amount 5250 $14,000.00 5600 15,000.00 7550 6,000.00 9:31 P.M. Mr. Kent explained that Account #5250 was for roof repair at the Visitors Center and energy costs and #5600 Street Lights was also for increased energy costs. The total requests for Reserve Fund transfers are $130,372 against a current balance of $108,752.46. These requests total $35,000 leaving an anticipated balance of $13,380.46 in the Reserve Fund if Article 3 is adopted. 9:33 P.M. Donald B. White said that the Appropriation Committee supported this motion. 9:33 P.M. Roy Weinstein moved that Article 3 be amended to include $10,000. to cover added rental space in the Church of Our Redeemer for the remainder of the present fiscal year. 9:37 P.M. The Moderator called a recess at 9:37 P.M. and called the meeting to order again at 9:45 P.M. Article 3. Roy Weinstein asked that his amendment be withdrawn and there were (Cont.) no objections, therefore, the Moderator declared the amendment withdrawn. 9:49 P.M. Motion, as presented by Mr. Kent, declared carried unanimously. 9:55 P.M. Article 4. Presented by Alfred S. Busa. (See Page 525) Police Department #3770 Police Dept. Collective bargaining unit- Per.Ser. $879,895. Carried Unanimously. 9:56 P.M. Article 4. Presented by Alfred S. Busa.. (See Page 525) P olic e D epartment #3800 Expenses 160,425. *To which the sum of $25,000, in available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 ( General Revenue Sharing Funds is to be applied. Carried Unanimously. 9:57 F.M. (Adjourned Session of the 1980 Annual Town Meeting - March 26, 1980.) Article 5. Presented by James F. Crain. (See Page 530) MOTION: That $255,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan, and that such amount be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: ACCT. # DEPARTME 1000 SELECTMEN 1060 TOWN MANAGER 1070 TEMPORARY HELP 1075 CLERICAL POOL 1130 DIRECTOR OF GUIDES 1150 TOWN CLERK 1500 BOARD OF APPEALS 1600 PLANNING BOARD 2000 BOARD OF REGISTRARS 2470 RECREATION 2500 TREASURER /COLLECTOR 2800 COMPTROLLER 2950 ASSESSOR 3250 HEALTH 3500 ANIMAL CONTROL 3760 POLICE MGT & STAFF 4110 FIRE MGT & STAFF 4120 FIRE COLL. BARGAINING 4450 INSPECTION 4950 DPW MGT. & STAFF 5100 ENGINEERING 5200 TOWN BUILDING MAINTENANCE 7100 VETERANS' SERVICES 7500 LIBRARY 7825 NON - CONTRIBUTORY PENSIONS 9:58 P.M. Robert A. Bowyer filed written notification that he would abstain from voting on Article 5 due to a conflict of interest. Mr. Crain gave an explanation of Article 5. 10:02 P.M. Patricia K. Hagedorn served notice of reconsideration of Line Items #3770 and #3800 under Article 4. 10:03 P.M. Article 5. After general discussion, the main motion, as presented by (Cont.) Mr. Crain, was declared carried unanimously. 10:06 P.M. Article 7. Presented by James F. Crain. (See Page 530) MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:06 P.M. (Adjourned Session of the 1980 Annual Town Meeti - March 26, 19 80.) Article 33. Presented by Margery M. Battin. (See Page 541) MOTION: That the sum of $7,500.00 be appropriated for a needs assessment for a Senior Citizens Center and the determination of the suitability of Munroe School and Muzzey Junior High School for such a facility, and that such amount be raised in the tax levy. 10:07 P.M. Donald B. White stated that the Appropriation Committee's approval of the $7,500.00 appropriation was contingent on the idea that the Board of Selectmen and Town Manager_ would work with the Appropria- tion Committee and keep them apprised of phase one before going to phase two. 10:10 P.M. Arthur C. Smith moved to amend by striking the figure of $7,500. and substituting therefor the amount of $42,000. 10:10 P.M. The Capital Expenditures Committee, through Nyles Nathan Barnert, urged defeat of the amendment and support of the main motion. 10:16 P.M. Renee Cochin asked, if this amendment was adopted, if the Selectmen would be able to use any of the money for plans and specifications. Mrs. Battin answered that, in her opinion, it would not be possible. 10:20 P.M. The Moderator stated that as he had seen another amendment on the floor that would accomplish the same thing as Mr. Smith's amend- ment with the addition of plans, he wondered if Mr. Smith wanted to withdraw his motion. Mr. Smith did withdraw his motion, and, as there were no objections, the Moderator stated that the motion to amend, as offered by Mr. Smith, was withdrawn. 10:22 P.M. Steven A. Clark moved that the motion under Article #33 be amended to read as follows: That the sum of $42,500.00 be appropriated for a needs assessment for Senior Citizen facilities and the determination of the suit - ability of Munroe School & Muzzey Junior High School for a Senior Citizen's Center, and once the site has been identified, for the rendering of architectural plans for such a facility, and that such amount be raised in the tax levy. 10:23 P.M. Donald B. White stated that the Appropriation Committee did not support this motion to amend. 10 :25 P.M. Manfred P. Friedman moved to amend the amendment as follows: I move that the words "and other sites" be inserted after the words "Muzzey Jr. High School ". 10:36 P.M. Donald. J. Shaw moved the previous question. 10:43 P.M. The Moderator explained to the meeting the procedure that would be followed if the previous question prevailed: 1. vote on the amendment to the amendment. If that prevails - 2. vote on the amendment as amended. If that prevails - 3. go back to the main motion (the main motion would be Clark's motion as amended by Friedman). 10:44 P.M. Voice vote on previous question was doubted by the Moderator, so he asked for a standing vote as follows: Precinct In Favor Tellers Opposed 1 6 Cornelia C. Johnson 7 2 5 Mary M. McIver 15 3 3 Joy C. Buchfirer 12 4 7 Germania B. Whiting 9 5 8 Madeline A. Shaughnessy 10 6 2 Margaret N. Brooke 11 7 4 John E. Taylor 13 8 15 Charles E. Connolly 3 9 7 Deborah B. Green 7 At Large 13 William J. Dailey, Jr. 5 Totals 70 92 Previous question does not prevail. 10:47 P.M. (Adjourned Session of the 1980 Annual T own Meeting - March 26, 1980.) Article 33. Mr. Friedman's motion to amend the amendment was declared carried (Cont.) by voice vote. 10:48 P.M. Mr. Clark's amendment, as amended by Mr. Friedman, declared lost by voice vote. 10:48 P.M. Margery M. Battin moved to amend the motion under Article 33 to add the words "and other sites" after the words Muzzey Junior High School. This motion was declared carried by voice vote. 10:58 P.M. Jacqueline B. Davison presented an amendment, this amendment was signed by Julian J. Bussgang, as follows: Motion: To add words "and other compatible uses" following "Senior Citizen Center ". 11 P.M. Patricia K. Hagedorn moved to table Article 33 which was declared lost by voice vote. 11:01 P.M. George A. Burnell moved the previous question which was declared lost by voice vote. 11:03 P.M. Renee Cochin moved the previous question which was declared carried by voice vote. 11:07 P.M. Amendment, as signed by Mr. Bussgang and presented by Mrs. Davison, declared carried by voice vote. 11:07 P.M. Main motion as amended now reads: (As MOTION: That the sum of $7,500.00 be appropriated for a needs adopted) assessment for a Senior. Citizens Center and other compatible uses and the determination of the suitability of Munroe School and Muzzey Junior High School and other sites for such a facility, and that such amount be raised in the tax levy. Carried Unanimously. 11:10 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, April 2, 1980 at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote. 11:11 P.M. A true copy. Attest: R Mary R. McDonough, Town Clerk Robert A. Bowyer, 7 Woodcliffe Road, resigned as a Town Meeting Member from Precinct Three effective March 27, 1980. Jean Gaudet 12 Stedman Road having received t g e he next highest number of votes as a defeated candidate for Town Meeting Member in Precinct Three at the March 3, 1980 Annual Town Election, accepted a position as Town Meeting Member, expiring in March 1981, from Precinct Three effective March 31, 1980. Mrs. Gaudet will fill the vacancy caused by the resignation of Mr. Bowyer. ADJOURNED SESSION O THE 1980 ANNUAL TOWN MEETING HELD A PRIL 2 , 19 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. The invocation was offered by Rev. Richard Bo.rngen, Pastor of the Pilgrim Congregational United Church of Christ. 8:08 P.M. Article 2. Because of new instructions from the state regarding the tax cap, Mary W. Miley, Chairman of the Board of Selectmen, explained that Articles 50, 51 and 52 would be tabled to the end of the meeting. She added that if any financial articles are to be reconsidered, that they should be brought up before Articles 50, 51 or 52. 8:09 P.M. Esther S. Arlan moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 8:10 P.M. Article 32. Presented by James F. Crain. (See Page 541) MOTION: That the sum of $180,000.00 be appropriated to fund a (As local transportation system, that such amount be raised in the tax adopted) levy, and, in addition, that the Selectmen be authorized to apply for, accept and expend funds from the MBTA in connection therewith and to contract with a private transit company to provide trans- portation services. 8:12 P.M. Joyce Hals gave written notice that, because of a conflict of interest, she would not vote on Article 32. Mr. Crain explained that the usage of the system outstripped all estimates and introduced Sally Castleman, Chairman of the Trans- portation Advisory Committee. 8 :13 P.M. Mrs. Castleman told the meeting that the needs as explained to last years town meeting (1. Elderly; 2. Youth; 3. Parents; 4. Handicapped and 5. Commuters) had been filled by Lex- Press. She listed the following for the six month ridership: 1. Elderly $ 15,800. 2. Youth 107,400. 3. Other 35,400. Total $158,600. Other benefits listed by Mrs. Castleman: 1. Town Center; 2. Other businesses; 3. Energy; and 4. Town Spirit. She added that Lex -Press averages 22.6 riders per hour over the whole day. 8:20 P.M. Fred D. Rosenberg, a member of the Transportation Advisory Committee, then spoke of the fuel escalation clause in the bid and added that there would be a probable increase of 40% in the fare cost - up from 25fi to 40G or a book of coupons at 35G each per coupon. 8:31 P.M. Warren Roberts moved to amend Article 32 by striking the amount, $180,000., and substituting therefor the amount, $50,000. 8:31 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980.) Article 32. Introduced by David Reiner, Mrs. Selma P. Baron, a resident of (Cont.) Gould Road and a multiple sclerosis patient, told the meeting that Lex -Press had opened up a new life for her and that she was no longer confined to her home. 8:38 P.M. Mr. Robert's motion to amend Article 32 was declared lost by voice vote. 8:42 P.M. Donald B. White, Chairman of the Appropriation Committee, moved to delete the sum of $180,000. and substitute therefor the sum of $132,380. 8:43 P.M. Mr. White explained that Lex -Press should operate on a limited basis from September to June. He stated that his committee had intended to support the original figure of $100,000. that was in the motion for a full twelve month period. He added that the figure of $180,000. for the nine month period would be $240,000. for the full twelve months. He asked the question "Does it (Lex- Press) serve a town need or a town convenience ?" 8:50 P.M. Mr. Rosenberg said that if the appropriation was reduced, that one way of living within the budget would be reduced services between 9 A.M. and 12 Noon although the highest use by the elderly is between 9 A.M. and 2 P.M. 8:53 P.M. Mr. Crain explained that the difference in the tax rate, between the $180,000. or $132,380. appropriation, would be 674 or 494 and he felt that there is a real need for this service. 8:55 P.M. Mrs. Simmons of William Roger Greeley Village spoke, from the balcony, for the elderly. She said that the elderly use this service for the most part in the morning as the buses are usually crowded with students in the afternoon. 8:57 P.M. Selectman Alfred S. Busa urged support of the amendment as offered by Mr. White. 8:58 P.M. Edith Sandy requested a roll call on the vote on the amendment and the Moderator asked for a standing vote for those in favor of the roll call, with results as follows: Precinct In Favor Tellers 1 7 Cornelia C. Johnson 2 6 William E. Bicknell 3 9 William A. Ridgley 4 3 Germania B. Whiting 5 4 Madeline A. Shaughnessy 6 10 Margaret N. Brooke 7 9 John E. Taylor 8 2 Charles E. Connolly 9 8 Deborah B. Green At large 3 William J. Dailey, Jr. Total 61 More than the required fifty members having voted in favor, the Moderator declared that a roll call vote would be taken on the amendment as offered by Donald B. White. The roll call vote on the motion to amend Article 32, as offered by Donald B. White, was taken by the Town Clerk, Mary R. McDonough, starting at 9:04 P.M. and completed at 9:15 P.M. The final tally was completed at 9:21 P.M. with the following results: (Final result announced by the Moderator at 9:21 P.M.) (See next page) (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980.) Article 32. ROLL CALL V OTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (Cont.) PRECINCT ONE YES NO ABSTAINE A BSENT Avery, John T. x Barry, James E. x Barter, Nancy L. x Busa- Tassone, Sheila x Cataldo, James x Cataldo, Ralph A. x Cataldo, Robert A. x Cataldo, William R. x Clemon -Karp, Sheila x Doran, Stephen W. x Eagle, David F. x Hagedorn, Patricia K. x Johnson, Cornelia C. x Legassie, Evangeline x Maloney, William E. Jr. x Manning, Bernice x Sampson, Barry E. x Santosuosso, Benny A. x Winston, Pamela x Zabin, Albert P. x Zabin, Judith L. x TOTALS 9 9 0 3 PRECINCT TWO Bicknell, William E. x Bussgang, Julian J. x Clarke, Elizabeth H. x Clarke, Eric T. x Connolly, Norman N. x Docks, Karen A. x Fisher, Laura E. x Hadley, William P. x MacArthur, Lillian T. x Marshall, Barry H. x McIver, Mary M. x Michelman, Frank I. x O'Sullivan, Michael J. x Pressman, Elizabeth H. x Smith, Arthur C. x Swanson, Patricia A. x Totman, Judith J. x Wik, Lynda A. x Wilson, Alan B. x Wilson, Carolyn C. x Wilson, Donald D. x TOTALS 5 13 0 3 PRECINCT THREE Aaronson, Phyllis x Briggs, Donald H. Jr. x Briggs, Donald H. III x Buchfirer, Joy C. x Carroll, John P. x Davison, Jacqueline B. x Dillman, Suanne C. x Flynn, Elizabeth M. x Gaudet, Jean x Greene, Erna S. x Groisser, Lilah H. x Holland, Gloria V. x Krieger, Jeanne K. x McWeeney, John J. x Reilly, James P. x Reilly, Marian C. x Ridgley, William A. x (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT Riffin, Paul V. x Roberts, Marie E. x Rotberg, Robert I. x Souza, Richard W. x TOTALS 3 17 0 1 PRECINCT FOUR Abegg, Gerald L. x Arlan, Esther S. x Barnert, Nyles Nathan x Berg, Anne Gilmer x Dailey, William J. Jr. x Frick, Angela E. x Frick, Frederick C. x Fricker, Katherine G. x Gilman, Martin A. x Glick, Georgia S. x Hals, Joyce x McCabe, Daniel L. x Perry, Richard F. x Rooney, Joseph O. x Shaw, Sandra J. x Sorensen, Karsten x Thomas, Ruth S. x Uhrig, Judith J. x Wadsworth, George P. x White, Martin K. x Whiting, Germania B. x TOTALS 3 16 1 1 PRECINCT FIVE Brown, Otis S. Jr. x Clark, Steven A. x Cravis, Howard x Cupp, Wallace x Daggett, Marjorie M. x Doran, Guy W. x Doran, Jonathan P. x Dratch, Elaine x DuBois, Edward R. x Fraser, William M. x Gilbert, Joseph F. Jr. x Hamburger, Paul E. x Jervis, Edward W. Jr. x Martin, Leona W. x McCormack, George F. x Miller, Stephen W. x Roberts, Warren x Shaughnessy, Madeline A. x Silva, James L. x Taylor, Lloyd D. x Williams, David G. x TOTALS 10 8 1 2 PRECINCT S IX Bailey, Fred C. x Baldwin, Earl F. Jr. x Boggia, Dorothy M. x Brooke, Margaret N. x Burnell, Levi G. x Butters, J. Keith x Downey, John F. Jr. x (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT SIX (CONT.) YES NO ABSTAINED ABSENT Gray, Neil x Hall, Harry A. III x Kent, Hugh C. x Marshall, Judith B. x McDevitt, James L. x Nablo, Ruth Joyce x Nablo, Sam V. x Olson, Setha G. x Page, William R. x Sandy, Edith x Sandy, Frank x Solomon, Susan S. x Spencer, William. T. x White, Donald B. x TOTALS 5 15 0 1 PRECINCT SEVEN Barabush, Elizabeth M. McHugh x Bond, Robert E. x Burnell, George A. x Campbell, John R. x Cochin, Renee T. x Friedman, Manfred P. x Friedman, Winifred L. L. x Gilson, Lloyd x Gordon, Clarice B. x Hagerty, Martin L. x Kalil, Marthur H. x Miller, Myron L. x Pierce, Alice M. x Reiner, David x Scouler, William J. x Taylor, John E. x Ward, Jacquelyn H. x Ward, John E. x Wheaton, Graydon M. x Wheaton, Iris G. x Wood, Martha C. x TOTALS 5 16 0 0 PRECINCT EIGHT Battin, Richard H. x Beamon, G. Richard x Connolly, Charles E. x Fitzgerald, William P. x Garing, Ione D. x Mancini, Anthony L. x McCabe, A. Patricia x McLaughlin, James M. x Michelson, Richard A. x Miller, Natalie I. x Nichols, Laura F. x Osgood, Gordon R. x -- Sarmanian, Jack x Scanlon, Temple E. x Scigliano, Anne R. x Shunney, Frank L. x Shunney, Mary E. x Smith, Francis W. K. x Stolz, Shirley H. x Toye, Stanley E. x Yasaitis, Eleanor H. x TOTALS 4 13 0 4 (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 32. ROLL CALL VOTE ON MR. WHITE'S AMENDMENT TO ARTICLE 32 (CONT.) (Cont.) PRECINCT NINE YES NO ABSTAINED ABSENT Barnes, Gordon E. Jr. x Buckley, Jane P. x Collins, Joan N. L. x Colwell, Louise G. R. x Colwell, Ronald W. x Conrad, Louis E. x Cosgrove, James E. x Currin, Anna P. x DiPietro, Daniel A. x Green, Deborah B. x Johnson, Stephen K. x Larssen, Iris E. x Mazerall, Paul E. x Perry, Richard M. x Politi, Stephen Michael x Power, Daniel E. x Ricci, Susan J. x Rosenberg, Fred D. x Scanlon, James J. x Shaw, Donald J. x Weinstein, Roy x TOTALS 5 11 0 5 'DOWN MEETING MEMBERS AT LARGE Battin, Margery M. x Busa, Alfred S. x Cohen, Norman P. x Cole, Lincoln P. Jr. x Crain, James F. x Kent, Robert B. x McDonough, Mary R. x Miley, Mary W. x Zehner, Louis A. x TOTALS 1 7 1 0 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED AB SENT TOTAL 1 9 9 0 3 21. 2 5 13 0 3 21 3 3 17 0 1 21 4 3 16 1 1 21 5 10 8 1 2 21 6 5 15 0 1 21 7 5 16 0 0 21 8 4 13 0 4 21 9 5 11 0 5 21 At Large 1 7 1 0 9 TOTALS 50 125 3 20 198 The Moderator declared that the motion to amend Article 32, as offered by Donald B. White, does not prevail. 9:21 P.M. After general discussion, Stanley E. Toye moved the previous question which was declared carried by voice vote. 9:29 P.M. (Adjourne Se ssion of the 1980 Annual Town Meetin - April 2, 1980) Article 32. The Moderator stated that he would now take the vote on the main (Cont.) motion, as presented by Mr. Crain (See Page 554), and as he knew that the vote would not be unanimous he asked for a standing vote, results as follows: Precinct In Favor Tellers Opposed 1 9 Cornelia C. Johnson 3 2 13 William E. Bicknell 3 3 20 William A. Ridgley 0 4 14 Germania B. Whiting 0 5 10 Madeline A. Shaughnessy 8 6 17 Margaret N. Brooke 0 7 16 John E. Taylor 2 8 16 Charles E. Connolly 0 9 14 Deborah B. Green 0 At Large 15 William J. Dailey, Jr. 5 Total 144 21 Main motion, as presented by Mr. Crain (See Page 554), declared adopted. 9:35 P.M. Article 50. Alfred S. Busa moved to table Article 50. Carried Unanimously. 9:35 P.M. (See Page 589) Article 51. Alfred S. Busa moved to table Article 51. 9:35 P.M. The Moderator stated that the motion to table Article 51 would also (See table Article 4 - Line Item 7810 as it had previously been moved Page (March 17, 1980 - Page 529) that this item be postponed, to be 589) taken up after Article 51. (See this page - below) Mr. Busa's motion to table Article 51 was declared carried by voice vote. 9:36 P.M. Article 52. Alfred S. Busa moved to table Article 52. Carried by voice vote. 9:36 P.M. (See Page 589 & 590) Article 53. Presented by Alfred S. Busa. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously. 9:37 P.M. James F. Crain moved that Article 4 - Line Item 7810 be taken off the table and this motion was declared carried by voice vote. 9:37 P.M. Article 4. Presented by James F. Crain. (See Page 529 and this page - above) Board o f Retirement #7810 Pension Funding $ 200,000 Carried Unanimously. 9:40 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 54. Presented by Mary W. Miley. MOTION: That the Town accept Section 26C of Chapter 148 of the General Laws. 9:40 P.M. (CHAPTER 148, SECTION 26C. SMOKE OR HEAT DETECTORS FOR DWELLINGS NOT OTHERWISE REGULATED. In any city or town which accepts this section, apartment houses containing six or more dwelling units, hotels, boarding or lodging houses, or family hotels which are not regulated by sections twenty -six A and twenty -six B shall be equipped with an automatic smoke or heat detector in each dwelling unit and each hallway floor. The head of the fire department as defined in section one shall enforce the provisions of this section.) Fire Chief, John Bergeron explained that this would cover all buildings built prior to 1975 as all buildings built after that date were required to have the detectors. In answer to a question by Patricia K. Hagedorn, Chief Bergeron said that the buildings affected would be: Sheraton Motor Inn, Chalet Motel, Battle Green Inn, Emerson Gardens, St. Brigid's Housing, Wildacre Inn etc. He added that the detectors must be maintained by the owner or owners. 9:51 P.M. Main motion, as presented by Mrs. Miley, declared carried unanimously. 9:52 P.M. Article 55. Presented by Karsten Sorensen. MOTION: That the name of Emerson Road, at the end of Maureen Road, be changed to East Emerson Road. 9:52 P.M. Mr. Sorensen filed the report of the Planning Board covering Article 55 which unanimously recommended adoption of this article. Motion, as presented by Mr. Sorensen, declared carried unanimously. 9:53 P.M. Robert B. Kent moved that Articles 56, 57 and 58 be taken up together. 9:53 P..M. The Moderator stated that these articles could be taken up and discussed together but would be voted on separately. 9:53 P.M. Mr. Kent's motion that Articles 56, 57 and 58 be taken up together was declared carried unanimously. 9:53 P.M. Article 56. Presented by Robert B. Kent. MOTION: That Section 23 of Article V of the General By -Laws of the Town of Lexington be amended by adding the following sentence at the end thereof: "A vote of two - thirds of the town meeting members present and voting shall be required for the passage of a motion to reconsider." 9:54 P.M. Mr. Kent gave an explanation of the reasons behind this article, one being the length (14 sessions) last year and the trend of re- considerations and stated that the Board of Selectmen unanimously supported this article. 10 P.M. Warren Roberts moved that Article 56 be amended by adding the following to the sentence: .... a previously failed motion; a vote of one -third shall be required for the adoption of a motion to reconsider a previously passed motion. 10:05 P.M. Mr. Roberts' motion to amend declared lost by voice vote. 10:05 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 56. Opposition was voiced by many of the members and Lincoln P. Cole, Jr. (Cont.) left the rostrum as Moderator (Town Counsel, Norman P. Cohen acted as Temporary Moderator) to speak in opposition to Articles 56, 57 and 58 and urged defeat of all three. 10:14 P.M. Motion, as offered by Mr. Kent under Article 56, declared lost by voice vote. 10:20 P.M. Article 57. Presented by Martha C. Wood. MOTION: That Section 7 of Article V of the General By -,Laws of the Town of Lexington be amended by adding the following sentence at the end thereof: Except in a session in which all articles have been taken up, no motion to reconsider a vote shall be acted upon unless the meeting has been informed, through the moderator, at least one session in advance of the date at which the motion is proposed to be taken up. 10:20 P.M. After general discussion, Louis E. Conrad moved that Article 57 be amended as follows: after the words "no motion" should be added the following "to take off the table or ". 10:27 P.M. Standing vote on Mr. Conrad's motion to amend as follows: Precinc In Favor Teller Opposed 1 2 Cornelia C. Johnson 11 2 14 William E. Bicknell 3 3 8 William A. Ridgley 8 4 4 Germania B. Whiting 12 5 13 Marjorie M. Daggett 5 6 3 Margaret N. Brooke 12 7 9 John E. Taylor 9 8 9 Charles E. Connolly 7 9 9 Deborah B. Green 6 At Large 6 William J. Dailey Jr. 12 Totals 77 85 The motion to amend Article 57, as presented by Mr. Conrad, does not prevail. 10:35 P.M. Moderator Cole again left the rostrum (Town Counsel, Norman P. Cohen acted as Temporary Moderator) and voiced his opposition on this article and Article 58. 10:37 P.M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 10:47 P.M. Main motion, as presented by Mrs. Wood, declared lost by voice vote. 10:47 P.M. Article 58. Presented by Arthur C. Smith. MOTION: That Section 23 of Article V of the General By -Laws of the Town of Lexington be amended by deleting it and substituting there- for the following: Section 23. Debate on a motion to reconsider shall be limited to 15 minutes. The maker of a motion to reconsider shall not speak for more than five minutes and shall demonstrate that the motion to reconsider is based on new or additional information not previously presented to the meeting. No other person shall speak for more than three minutes nor more than once without the leave of the meeting. 10:47 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 2, 1980) Article 58. After much opposition by many of the members, including the (Cont.) Moderator, Lincoln P. Cole, Jr., John J. McWeeney moved the previous question which was declared carried by voice vote. 11:01 P.M. Main motion, as presented by Mr. Smith, declared lost by voice vote. 11:01 P.M. Mary W. Miley moved that this meeting be adjourned to Monday, April 7, 1980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 11:01 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1.980 ANNUAL TOWN MEETIN HELD APRIL 7 , 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:07 P.M. in Cary Memorial Hall. There were 184 Town Meeting Members present. The invocation was offered by Rev. George C. Papademetriou, Pastor of the St. Nicholas Greek Orthodox Church. 8:08 P.M. Article 2. Mary E. Shunney, moved that the joint report under Article 74 - 1979 Town Meeting - Lexington Housing Authority and Lexington Planning Board - The Housing Policy Plan - 1979/1980 be accepted and placed on file. Carried Unanimously. 8:10 P.M. Article 59. Presented by Robert B. Kent. MOTION: That Article XXV of the General By -Laws of the Town of (Approved Lexington be amended by adding thereto a new Section 28 as by Atty. follows: General, July 28, "Section 28. No person shall install, maintain or use a 1980. mechanical protection device that is automatically keyed to or Published activates the telephone numbers or lines controlled by or listed in Lexington to the Police Department or Fire Department, without written approval Minute Man of the Department Head pursuant to regulations adopted by the August 14 Board of Selectmen. All such devices shall be removed, or approp- & 21, 1980) r.iate written approval obtained within 60 days of the effective date of this by- law." 8:10 P.M. Mr. Kent explained the need of this motion - the jamming of the phone lines and of the number of false alarms, 109 in February of this year alone. 8:15 P.M. After Roy Weinstein spoke in opposition, Mr. Kent very emphatically stated that the code has not been decided upon and the Board of Selectmen are not committed to any system or regulations at this time. 8:26 P.M. In response to a question raised by Fred D_ Rosenberg, Mr. Kent said that the Burgular Alarm Committee felt that the digital dialing system was preferable and more efficient but that it is more expensive. 8:28 P.M. After much discussion, pro and con, a voice vote was taken on Mr. Kent's main motion_ This vote was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 9 Cornelia C. Johnson 6 2 10 William E. Bicknell 10 3 5 William A. Ridgley 13 4 6 Germania B. Whiting 9 5 9 Madeline A. Shaughnessy 9 6 14 Margaret N. Brooke 3 7 8 John E. Taylor 7 8 12 Charles E. Connolly 3 9 3 Deborah B. Green 13 At Large 15 William J. Dailey, Jr. 4 Totals 91 77 Main Motion, as presented by Mr. Kent, is adopted. 8:45 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 2. Iris G. Wheaton moved that the Supplementary Planning Board Report on the Housing Policy Plan under Article 74, 1979 Annual Town Meeting be accepted and placed on file. Carried Unanimously. 8:50 P.M. Article 60. Presented by Mary W. Miley. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) convey the Parker School . property on Bedford Street, consisting of the building and approximately 3.5 acres of land, more or less, to John R. Clark & Associates, Inc., in consideration of such building being converted to condominiums, seven of which shall be donated to the Town of Lexington or its designee, in accordance with the site plan presented to and which is hereby approved by this Town Meeting, and on such other terms as the Selectmen shall determine. 8:51 P.M. Mrs. Miley said that only four developers had filed with the Board of Selectmen by the October 1979 deadline, and the board felt that John R. Clark & Associates, Inc. had the best proposal for the use of Parker School and were therefore chosen. The Selectmen urged approval of this proposal. 8:55 P.M. Anthony Casendino, a resident of Lexington and a representative of Clark & Associates, gave an explanation and showed slides of their proposal. 9:01 P.M. Roy Weinstein served notice of reconsideration of Article 59. 9:02 P.M. Article 60. Iris G. Wheaton filed the report of the Planning Board covering (Cont.) Article 60 and stated the the board unanimously recommended adoption of this article. 9:03 P.M. Martin L. Hagerty moved that the motion under Article 60 be amended by adding at the end the following: Provided however that the deed specifically prohibit the building or construction of any buildings, garages, carports, equipment sheds or swimming pools on the open space. 9:03 P.M. Mr. Hagerty stated that he wanted the restriction put into the deed and was told by Mary W. Miley that it will be in the deed. 9:10 P.M. Mr. Hagerty's amendment was declared carried by voice vote but this decision by the Moderator was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 1 Cornelia C. Johnson 11. 2 4 William E. Bicknell 13 3 12 William A. Ridgley 8 4 7 Germania B. Whiting 9 5 14 Madeline A. Shaughnessy 6 6 5 Margaret N. Brooke 11 7 11 John E. Taylor 5 8 5 Charles E. Connolly 8 9 3 Deborah B. Green 10 At Large 8 William J. Dailey, Jr. 10 Totals 70 91 Mr. Hagerty's motion to amend does not prevail. 9:13 P.M. i t (Adj Session of the 1980 An nual T own Meeting - April 7, 1980.) Article 60. In answer to a question raised by Richard A. Michelson, Mr. Powers (Cont.) of Clark Associates said that the cost of the units would be $60,000. to $80,000. 9:15 P.M. When questioned about their reputation by Joyce Hals, Mr. Powers said that John R. Clark & Associates, Inc. had done several condo - minium complexes and were fully capable of being bonded. 9:18 P.M. In answer to Robert I. Rotberg, Mary W. Miley stated that the town would be receiving seven units at no cost to the town. The appraised value of the seven units is $512,000. William E. Bicknell asked "What price is the property being sold for ?" and Mrs. Miley answered "For the seven units ". 9:24 P.M. Mary E. Shunney, answering Robert A. Cataldo, said that the price of the two bedroom units in the scattered housing ranges from $52,371. to $53,671. The difference is the site costs. 9:25 P.M. Robert M. Hutchinson, Jr., Town Manager said that the appraisal is a fair_ market value figure. 9:27 P.M. Stanley E. Toye moved the previous question which was declared carried by voice vote. 9:27 P.M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 12 Cornelia C. Johnson 3 2 17 William E. Bicknell 3 3 19 William A. Ridgley 1 4 16 Germania B. Whiting 1 5 11 Madeline A. Shaughnessy 8 6 15 Margaret N. Brooke 1 7 14 John E. Taylor 2 8 16 Charles E. Connolly 1 - -- 9 18 Deborah B. Green 1 At Large 15 William J. Dailey, Jr. 2 Totals 153 23 More than the required two - thirds having voted in favor, the motion is adopted. 9:30 P.M. Article 61. Presented by Mary E_ Shunney. MOTION: That the Selectmen be and hereby are authorized to petition (See the General. Court for an act, if necessary, to allow the transfer of Chap. approximately 5.19 acres of land off Woburn Street to the Lexington 262 - Housing Authority as voted under Article 72 of the warrant for the Acts of 1977 Annual Town Meeting and Article 18 of the warrant for the 1980) December 5, 1977 Special Town Meeting. Carried Unanimously. 9:32 P.M. James E. Barry served notice of reconsideration of Article 60. 9:33 P.M. " "" (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 62. Presented by Laura F. Nichols. MOTION: That the Zoning By -Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 9:33 P.M. (Motion attached to the report of the Planning Board on this article as follows: MOTION: That the Town vote to amend the Zoning By -Law by: 1. Adding in Section 2, immediately preceding the definition "ACCESSORY USE OR BUILDING ", the following definition: ACCESSORY APARTMENT: A dwelling unit designed for occupancy by a separate household in a home originally constructed as a one family dwelling. 2. Amending Table 1, Use Regulations Schedule, by adding a line "1.10 Accessory apartments (see Subsection 9.9)" and inserting on this line the designation "SP" in columns RC-RS and RT, "No" in columns RH, RD and RM, and "SP" in columns for all districts starting with C. 3. Inserting a new Section 9.9 as follows: 9.9 ACCESSORY APARTMENTS 9.9.1 GENERAL OBJECTIVE To permit economic use of the large home and diversity in housing. 9.9.2 APPLICATION AND APPROVAL PROCESS The SPGA may grant a special permit, subject to the provi- sions of Section 3.3 Special Permits (SP), for one accessory apart- ment in a one family dwelling, subject to the following conditions and requirements: a. The lot shall have a minimum area of 10,000 square feet. b. The dwelling shall have a minimum habitable floor area of 2,000 square feet. C. The accessory apartment shall have one or more rooms with kitchen and bath facilities separate from the main dwelling unit. d. The applicant shall file one copy with the Town Clerk and eight copies with the SPCA for each of the following: a plan of the existing dwelling with proposed accessory apartment and the site plan showing the location of the dwelling on the lot with the present and proposed parking and proposed landscaping, if any. e. In order to preserve the single- family appearance no more than minimum exterior alterations shall be made to the original dwelling. f. No addition which increased the floor area by more than 10% shall have been made to the dwelling within five years of the date of the application for the special permit. i g. The owner of the dwelling in which the accessory apartment is to be located shall reside in either the main dwelling unit or in the accessory apartment, except for a temporary bona fide absence with SPGA approval; otherwise, the SPCA shall revoke the special permit for the accessory apartment. (A djourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 62. 9.9.2 h. In addition to the parking requirements for the main (Cont.) dwelling unit there shall be not less than one off - street parking space for the accessory apartment. i. An accessory apartment shall replace the permitted accessory use of taking in boarders or letting or renting of rooms without cooking facilities as prescribed in the Use Regulations Schedule, line 8.1, for both the main dwelling unit and the accessory apartment. 9.9.3 SPCA PROCEDURE Upon receiving the permit application and the eight copies of prescribed plans the SPGA shall forthwith deliver copies to the Building Commissioner., the Fire Chief and other Town boards, commissions and departments specified in Section 3.3.1 of the Zoning By -Law. In addition to the requirements of Section 3.3 of this By -Law the SPGA shall not make its finding and determination until the above named commissions, boards and departments have submitted their reports thereon or until 35 days shall have elapsed since the filing with the SPGA. 9.9.4 BUILDING AND OCCUPANCY PERMITS Application for a building permit shall be made to the Building Commissioner. No use as an accessory apartment shall be permitted prior to issuance of an occupancy permit by the Building Commissioner. 9.9.5 SUBSEQUENT BUILDING ADDITION Any proposed subsequent enlargement of a dwelling with an accessory apartment shall be subject to a revised special permit from the SPGA.) Manfred P. Friedman filed the report of the Planning Board covering Article 62. This report unanimously recommended adoption of the revised motion under this article. 9:36 P.M. George P. Wadsworth spoke at length in opposition. 9:42 P.M. Julian J. Bussgang moved that the motion under Article 62 be amended as follows: "2,000 square feet" in Section 9.9.2 b.be changed to "2,500 square feet ". 9 :55 P.M. After voiced opposition from some members, Mr. Bussgang's motion to amend Article 62 was declared lost by voice vote. 9 :58 P.M. After general discussion, Louis E. Conrad said that as he knew that some of the town meeting members had illegal accessory apartments in their homes, he felt that they should abstain from voting on this article as they would be in conflict of interest. 10:16 P.M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:16 P.M. As this motion, main motion offered by Mrs. Nichols, requires a two - thirds vote for passage, and as the voice vote was not unanimous, a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 7 Cornelia C. Johnson 8 2 15 William E. Bicknell 5 3 13 William A. Ridgley 7 4 13 Germania B. Whiting 1 2 5 10 Madeline A. Shaughnessy 11 6 10 Margaret N. Brooke 7 7 11 John E. Taylor 5 8 7 Charles E. Connolly 9 9 9 Deborah B_ Green 10 At Large 12 William J. Dailey, Jr. 6 Totals 7.07 69 2 Less than the required two - thirds having voted in favor, the main motion as presented by Mrs. Nichols does not prevail. 10:19 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 63. Presented by Manfred P. Friedman. MOTION: That the Zoning By -Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, except that the words ", or structure converted for business purposes," in Section 9.8.7 c shall be deleted. 10:19 P.M. Manfred P. Friedman filed the Planning Board covering Article 63. This report unanimously supported passage of Article 63. 10:19 P.M. (Motion attached to the report of the Planning Board on this article (except that the words ", or structure converted for business purposes," in Section 9.8.7 c are deleted) as follows: 140TION: That the Zoning By -Law be amended by: 1. Inserting a new Section 9.8.7 as follows: 9.8.7 PARKING REQUIREMENTS FOR THE CB DISTRICT a. NO REQUIREMENTS IF STRUCTURE IS REBUILT If the structure housing a business in the CB District is destroyed and if the structure is rebuilt to its original size, there is no requirement to provide more off street parking spaces than were available prior to its destruction. b. REQUIREMENTS ONLY IF STRUCTURE IS EXPANDED Any existing property in a CB District shall not be re- quired to provide more parking than is currently provided unless there is an addition to or expansion of an existing structure, or a new structure is built. C. PARKING SPACES TO BE PROVIDED .Any new structure or any addition to or expansion of an existing structure in the CB District shall provide the off street parking required in Section 9.8.5 "Schedule of Required Parking and Loading ". If there is adequate on site parking, a structure may be expanded only to the extent that the resulting floor area and parking spaces satisfy the requirements of Section 9.8.5. 2. Changing Section 9.8.5 by: a. Striking line "CB any permitted use N.R." b. Striking the words ", not CB" from lines describing medical, dental school nursing home C. Replacing the words "medical, dental" by "medical, dental building" d. Adding, after the last line "CB Any use not specified 1 per 250 s.f. above (also see or fraction of Section 9.8.7) retail or office space ") Questions were raised and opposition was voiced from the balcony by Leonard Colwell and Louis Spencer. 10:35 P.M. Laura F. Nichols served notice of reconsideration of Article 62. 10:35 P.M. Article 63. See next page for vote on this article. (Cont.) (Adjourned Session of the 1980 Annual Town Meeting - April 7, 1980.) Article 63. Voice vote on the main motion as offered by Mr. Friedman was not (Cont.) unanimous, so a standing vote was taken as follows: Preci In Favor Tellers Opposed Abstained 1 3 Cornelia C. Johnson 9 2 8 William E. Bicknell 11 3 15 William A. Ridgley 5 4 13 Germania B. Whiting 3 5 3 Madeline A. Shaughnessy 17 6 16 Margaret N. Brooke 1 7 11 John E. Taylor 5 8 5 Charles E. Connolly 12 9 9 Deborah B. Green 7 At Large 8 William J. Dailey, Jr. 8 2 Totals 91 78 2 Less than the required two - thirds needed for passage having voted in favor, the motion offered under Article 63 by Mr. Friedman is not adopted. 10:42 P.M. Mary W. Miley moved that this meeting be adjourned to Wednesday, April 9, 1.980 at 8 P.M. in Cary Memorial Hall. This motion was declared carried by voice vote. 10:42 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 9, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. Invocation was offered by Rev. Peter H. Meek, Senior Minister of the Hancock United Church of Christ. Before he offered the invocation, Rev. Meek asked that each person make a silent prayer, if that is what they wish to dO, for Louis A. Zehner, Town Treasurer and Town Meeting Member At Large, who is in the hospital. 8:12 P.M. Article 2. John E. Ward moved that the Report of the Lexington Cable Advisory Committee under Article 2, 1980 Town Meeting be accepted and placed on file. Carried Unanimously. 8:13 P.M. Article 64. Presented by Manfred P. Friedman. MOTION: That the Zoning By -Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 8:14 P.M. (Motion as set forth and attached to the report of'the Planning Board on this article: MOTION: That the Town vote to amend the Zoning By -Law by: Striking Section 3.2.2 and substituting therefor: 3.2.2 VARIANCES a. The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By -Law. The Board of Appeals may grant a variance provided it specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcing of the provisions of the By -Law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, provided that said variance may be granted without sub- stantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By -Law. The Board of Appeals may impose conditions, safeguards and limita- tions both of time and of use. b. Requests for a variance shall be made by filing two copies with the Board of Appeals and one copy with the Town Clerk; the Board of Appeals shall forthwith transmit one copy to the Planning Board. The Board of Appeals shall hold a hearing on any request for a variance within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within "75 _days of the filing of the application. C. If the rights authorized by a variance are not exercised within one year of the date of the grant thereof, they shall lapse, and may be re- established only after due notice and a new public hearing as provided in Chapter 40A, General Laws.) Mr. Friedman filed the report of the Planning Board covering Article 64. The board unanimously recommended passage of this article. 8:14 P.M. Eric T. Clarke stated that this motion denies to the Board of Appeals the use of a variance and feels that there is a place in the by -laws for variances. 8:25 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 19 80.) Article 64. Eric T. Clarke moved that the proposed wording of Section 3.2.2 (Cont.) VARIANCES be amended by inserting in the first sentence after the word "variance" the words "including use variances," and by in- serting in the second sentence after the word "topography" the words "or use." 8:25 P.M. Stephen Michael Politi spoke in support of Mr. Clarke's amendment and Albert P. Zabin, speaking in opposition to the amendment, said that Use Variances have very little to say in their favor. 8:40 P.M. Mr. Clarke's amendment was declared lost by voice vote, which was doubted by more than the required twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Cornelia C. Johnson 8 2 13 Mary M. McIver 7 3 7 William A. Ridgley 13 4 2 Germania B. Whiting 11 5 6 Madeline A. Shaughnessy 12 6 4 Margaret N. Brooke 9 7 6 John E. Taylor 9 8 11 Charles E. Connolly 4 9 6 Deborah B. Green 10 At Large 8 William J. Dailey, Jr. 10 Totals 71 93 Mr. Clarke's motion to amend Article 64 does not prevail. 8:43 P.M. George P. Wadsworth spoke against the main motion and said that he felt that there should be a committee to study this problem before any judgment was made. 8:50 P.M. Joyce Hals asked if commercial property was taxed differently and was answered by Anthony L. Mancini that it was. Mr. Mancini added that variances run to individuals and not to the land. 8:53 P.M. After general discussion, Albert P. Zabin moved that the motion under Article 64 be amended by adding to Section 3.2.2 (a) the sentence "The Board of Appeals may continue use variances lawfully in effect on April 9, 1980." 9:06 P.M. Mr. Zabin's motion to amend was adopted by voice vote. 9:15 P.M. Jacquelyn H. Ward asked if this variance went with the land or the person and was answered by Mr. Friedman that if the variance was renewed., it would go with the land. 9:17 P.M. The Moderator stated that the question was now to be on the main motion, as amended by Mr. Zabin, and, as he felt that the vote would not be unanimous, he asked for a standing vote, results as follows: Precinct In Favor Tellers Opposed 1 8 Cornelia C. Johnson 8 2 6 Mary M. McIver 14 3 16 William A. Ridgley 5 4 12 Germania B. Whiting 2 5 11 Madeline A. Shaughnessy 9 6 9 Margaret N. Brooke 5 7 10 John E. Taylor 4 8 8 Charles E. Connolly 9 9 10 Deborah B. Green 7 At Large 10 William J. Dailey, Jr. 9 Totals 100 72 Less than the required two- thirds having voted in favor, the main motion, amended by Mr. Zabin, does not prevail. 9:26 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Presented by Frank Sandy. MOTION: That the Zoning By -Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, and that the existing Sign By -Law be repealed as specified in such motion. (Motion as attached to the report of the Planning Board: MOTION: That the Town vote to: (See 1. Amend the Zoning By -Law by deleting Section 9.7. Pages 578 - 2. Amend the Zoning By -Law by inserting the following definitions 583 alphabetically in Section 2. for motion BUSINESS DISTRICT: Any district in Lexington whose designation as begins with the letter "C ". This shall not include portions of adopted.) residential districts where businesses are allowed as non- conforming uses, by special permit, by variance, or otherwise. PERSON: The word "person" shall include one or more individuals, a partnership, an association or a corporation. SIGN, PROJECTING: Any sign which is attached to a building and is not parallel to the wall to which it is attached. A sign in contact with the ground is not a projecting sign. SIGN, SIZE: The size of a sign shall include any intermediary removable surface to which it is affixed. The area of a flat two -faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension. SIGN, STANDING: The term "standing sign" shall include any and every sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign. SIGN, WALL: A sign securely fixed parallel to the face of a building wall. SIGN,WINDOW: A sign affixed to or placed so as to be viewed through a window or transparent door. Signs on the interior of an establishment which are intended to be viewed from inside the establishment are not considered to be window signs even if they can be seen through a window or door. Displays of merchandise inside of a window are not considered to be window signs. 3. Amend the Zoning By -Law by inserting a new Section 10 as follows: 10 SIGN REGULATIONS 10.1 ADMINSTRATION 10.1.1 APPLICABILITY All outdoor signs, and window signs are subject to the regulations of this by -law unless specifically excluded in Section 10.2.1. 10.1.2 APPLICATION All persons desiring to erect a sign shall apply to the Building Commissioner for a building permit, except that persons desiring to erect a sign in accordance with Sections 10.2.2, 10.2.4 or 10.4.2 need not apply for a permit. All applications for permits shall include, at least, a drawing to scale showing the following: a. The proposed sign. b. All existing signs maintained on the premises. C. A plot plan and a sketch of the building facade indi- (Adjourned Session of the 1980 Annual Town Meeting - April 9, 19 80.) Article 65. 10.1.2 (Cont.) (Cont.) C. (Cont.) eating the location of the proposed and any existing signs. d. Specifications for construction, lighting, and wiring in accordance with the State Building Code. 10.1.3 BUILDING COMMISSIONER ACTION The Building Commissioner shall issue a building permit provided the proposed sign complies with this by -law, the State Building Code, requirements of the Historic Districts Commission (where applicable) and any other applicable laws, by -laws or regulations. 10.1.4 SPECIAL PERMITS In particular instances the SPGA may issue Special Permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically pro- hibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and loca- tionof the sign or signs and impose such other terms and restrictions as it may deem to be in the public interest. Any applicant under this provision shall provide the information required in Section 10.1.2 above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surround- ings and the reasons for allowing it. 10.2 GENERAL REGULATIONS The provisions of Section 10.2 shall apply to signs in all zoning districts. Additional specific regulations for residential and business districts are set forth in Sections 10.3 and 10.4 respectively. 10.2.1 PERMITTED GOVERNMENT OR SPECIAL SIGNS Any sign owned and installed by a governmental agency, or required by any law, governmental order or regulation is not subject to this by -law. Signs mounted on registered motor vehicles or carried by hand are not subject to this by -law. 10.2.2 RESIDENCES Two signs, up to one square foot in area each, are permitted per residential building indicating the name and address of the occupants therein. 10.2.3 RELIGIOUS INSTITUTIONS Two signs identifying churches, synagogues, and other similar religious uses are permitted on each street frontage, one of which may not exceed 20 square feet in area and the other of which may not exceed 10 square feet in area. One sign may be a standing sign used for notices and announcements of events at the religious institution. 10.2.4 REAL ESTATE SIGNS One real estate sign, not over six (6) square feet in area advertising the sale or rental of the premises on which it is located is permitted. Real estate signs not more than 20 square feet in area and not more than 10 feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81 -L, solely to advertise the selling of land or buildings in said subdivision, but not more than one such sign shall face the same street. 10.2.5 ILLUMINATION No sign shall be illuminated between the hours of 12:00 midnight and 6:00 a.m., except signs on premises open for business, and then only upon issuance of a special permit by the SPGA. Ex- terior illumination of signs shall be shielded, directed solely at the sign, and be steady and. stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980_) Article 65. 10.2.6 SIGNS CANNOT INTERFERE WITH TRAFFIC (Cont.) No sign, including window displays, or their illuminators shall by reason of its location, shape, size or color interfere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard. 10.2.7 CONSTRUCTION No sign shall be . painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, how- ever, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one fourth (1/4) of an inch. The construction of the sign shall comply with the State Building Code. 10.2.8 MAINTENANCE Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 250 of the area of one side or if damage to the sign causes the loss of 100 of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed. 10.2.9 PROHIBITED SIGNS The following types of signs are prohibited. a. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature. b. Wind signs, including banners, pennants, spinners, streamers, and other wind actuated components. c. String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration. d. Signs erected so as to obstruct any door, openable window or fire escape on a building. e. Billboards or non - accessory signs. 10.3 RESIDENTIAL DISTRICTS 10.3.1 MULTI- FAMILY DWELLING DEVELOPMENTS A sign not exceeding 12 square feet in area is permitted identifying developments in an RM, RD or RH district. 10.4 BUSINESS DISTRICTS Accessory signs on business establishments in business districts that comply with the following provisions are permitted. 10.4.1 WALL SIGNS a. One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign on the first floor of a building shall not exceed three- quarters (3/4) of the frontage of the establish- ment. The width of such a sign above the first floor of a building shall not exceed three feet. b. A secondary wall sign may be installed marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign. (Adjourned Session of the 1980 Annual Town M - April 9, 1980.) Article 65. 10.4.1 (Cont.) (Cont.) c. No wall sign shall be more than three feet in overall height. d. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one half of the area that would be permitted for a single sign. e. In addition to the above signs each building may have one directory sign affixed to the exterior wall, window or door of the building. Such directory sign shall provide not more than one square foot for each occupant of the building. f. Wall signs shall either be affixed to a wall and parallel to it or affixed. to the roof above a wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall. g. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher. 10.4.2 WINDOW SIGNS Removable signs on the inside of windows or transparent doors are permitted provided they do not cover more than 500 of the area of the windows or doors in or on which they are placed. Public service window signs giving notice to events open to the public are permitted and shall be excluded from the area restrictions of this section. 10.4.3 PROJECTING SIGNS In particular instances the SPGA may isue Special Permits for projecting signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public ......:....... interest. No establishment shall be permitted more than one pro- jecting sign. 10.4.4 STANDING SIGNS The following standing signs are permitted: a. Standing signs permitted under Sections 10.2.2, 10.2.3, and 10.2.4. b. During the construction of a building a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and the engineers. Such a sign shall not exceed 20 square feet in area or 10 feet in any direction. Such sign shall be removed promptly after the completion of the building. c. In particular instances the SPGA may issue Special Permits for standing signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No esta- blishment shall be permitted more than one standing sign other than signs directing traffic flow. 10.4.5 SIGNS AT GASOLINE FILLING STATIONS AND GARAGES Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled as hereinabove provided, into separate wall signs in- dicating the separate operations or departments of the business, provided however, that the total of the widths of the separate signs shall not exceed the maximum width permitted under this by -law for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. 10.4.5 (Cont.) (Cont.) The standard type of gasoline pump bearing thereon in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this by -law. 10.5 NONCONFORMANCE OF SIGNS Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be enlarged. 4. Amend the Zoning By -Law by replacing in Table 1, line 8.1, the phrase "accessory signs subject to Section 9_7 hereof and the Town Sign By -Law" by "accessory signs subject to Section 10 hereof ". i 5. Repeal the entire existing Sign By -Law. Said repeal. shall be effective upon the approval of the above amendments to the Zoning By -Law by the Attorney General and its posting in accordance with Section 32 of Chapter 40 of the General Laws.) Frank Sandy filed the report of the Planning Board covering Article 65. The Board unanimously supported passage of this article. 9:27 P.M. Mr. Sandy gave a lengthy explanation of this article and was recognized by the Moderator for a second time. 9:38 P.M. Alice M. Pierce moved to delete from Section 10.4.2 Window Signs, everything after "are permitted" in the first sentence. After Mrs. Pierce explained her motion, a vote was taken and her motion to amend was declared adopted by voice vote. 9:43 P.M. William T. Spencer moved that a new Paragraph 10.2.9 f. be added "Projecting Signs "; that Paragraph 10.4.3 be deleted; and that the following paragraphs be renumbered as required. 9:45 P.M. After discussion, Mr. Spencer's motion to amend was declared lost by voice vote. This decision was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Telle Opposed Abstained 1 0 Pamela Winston 14 2 1 Mary M. McIver 19 3 11 William A. Ridgley 6 4 4 Germania B. Whiting 6 1 5 2 Madeline A. Shaughnessy 17 6 7 Margaret N. Brooke 8 7 5 John E. Taylor 10 8 1 Charles E. Connolly 17 9 7 Deborah B. Green 7 At Large 1 William J. Dailey, Jr. 18 Totals 39 122 1 Mr. Spencer's motion to amend Article 65 does not prevail. 9:55 P.M. Richard A. Michelson moved to amend: under 1.0.1.2 c. delete word "and" and substitute word "or ". This amendment was declared lost by voice vote. 10 P.M. Richard A. Michelson offers the following two amendments to the main motion: (At the request of Lloyd Gilson the Moderator stated that these motions were capable of division and would be so divided) Amendment 41. MOTION: 10.2.5 - Delete "No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts." (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Michelson's motions to amend (Cont.) (Cont.) Amendment #2. MOTION: 10.4.1 - Delete "The width of such a sign on the first floor of a building shall not exceed three - quarters (3/4) of the frontage of the establishment." 10:05 P.M. Amendment #l, as presented by Richard A. Michelson, declared lost by voice vote. 10:13 P.M. Amendment 42, as presented by Richard A. Michelson, declared adopted by voice vote. This decision was doubted by more than twenty members, therefore a standing vote was taken as follows: Precinct In Favor Tellers Oppose Abstained 1 17 Cornelia C. Johnson 0 2 18 Mary M. McIver 1 1 3 8 William A. Ridgley 11 4 8 Germania B. Whiting 4 5 16 Madeline A. Shaughnessy 1 6 4 Margaret N. Brooke 11 7 7 John E. Taylor 8 8 18 Charles E. Connolly 0 9 5 Deborah B. Green 10 At Large 13 William J. Dailey, Jr. 6 Totals 114 52 1 Amendment #2, as presented by Richard A. Michelson, was adopted. 10 :15 P.M. John F. Downey, Jr. moved the previous question which was declared adopted by voice vote. 10:16 P.M. Voice vote on main motion, as amended by Mrs. Pierce and Mr. Michelson, was not unanimous, and, as it required a two - thirds vote for passage, a standing vote was taken as follows: Pr ecinct In Favo Tellers Opposed Abstai 1 13 Cornelia C. Johnson 0 3 2 17 Mary M. McIver 3 3 16 William A. Ridgley 5 4 12 Germania B. Whiting 1 5 20 Madeline A. Shaughnessy 0 6 15 Margaret N. Brooke 2 7 13 John E. Taylor 2 8 18 Charles E. Connolly 0 9 10 Deborah B. Green 6 At Large 15 William J. Dailey Jr. 4 Totals 149 23 3 Main motion as offered by Frank Sandy and amended by Alice M. Pierce and Richard A. Michelson was adopted. 10:20 P.M. Adopted motion reads as follows: (As MOTION: That the Town vote to: adopted) 1. Amend the Zoning By -Law by deleting Section 9.7. (Approved by Atty. Gen., 2. Amend the Zoning By -Law by inserting the following definitions July 28, alphabetically in Section 2. 1980. Posted in BUSINESS DISTRICT: Any district in Lexington whose designation Town Office begins with the letter "C ". This shall not include portions of Bldg. and residential districts where businesses are allowed as non- conforming nine uses, by special permit, by variance, or otherwise. precincts on Aug. 7, PERSON: The word "person" shall include one or more individuals, 1980.) a partnership, an association or a corporation. (Adj ourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted motion - (Cont.) (Cont.) SIGN, PROJECTING: Any sign which is attached to a building and is not parallel to the wall to which it is attached. A sign in contact with the ground is not a projecting sign. SIGN, SIZE: The size of a sign shall include any intermediary removable surface to which it is affixed. The area of a flat two -faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension. SIGN, STANDING: The term "standing sign" shall include any and every sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign. SIGN, WALL: A sign securely fixed parallel to the face of a building wall. SIGN, WINDOW: A sign affixed to or placed so as to be viewed through a window or transparent door. Signs on the interior of an establishment which are intended to be viewed from inside the establishment are not considered to be window signs even if they can be seen through a window or door. Displays of merchandise inside of a window are not considered to be window signs. 3. Amend the Zoning By -Law by inserting a new Section 10 as follows: 10 SIGN REGULATIONS 10.1 ADMINISTRATION 10.1.1 APPLICABILITY All outdoor signs, and window signs are subject to the regulations of this by -law unless specifically excluded in Section 10.2.1. 10.1.2 APPLICATION All persons desiring to erect a sign shall apply to the Building Commissioner for a building permit, except that persons desiring to erect a sign in accordance with Sections 10.2.2, 10.2.4 or 10.4.2 need not apply for a permit. All applications for permits shall include, at least, a drawing to scale showing the following: a. The proposed sign. b. All existing signs maintained on the premises. c. A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs. d. Specifications for construction, lighting, and wiring in accordance with the State Building Code. 10.1.3 BUILDING COMMISSIONER ACTION The Building Commissioner shall issue a building permit provided the proposed sign complies with this by -law, the State Building Code, requirements of the Historic Districts Commission (where applicable) and any other applicable laws, by -laws or regulations. 10.1.4 SPECIAL PERMITS In particular instances the SPGA may issue Special Permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the build- ing with reference to the street or the nature of the establish- ment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may deem to be in the public interest. Any applicant under this provision shall provide the information required in Section 10.1.2 above and specific information in the (Adjourned Session of the 1980 A nnual T own Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 10.1.4 (Cont.) form of perspectives, renderings, photographs or other rep- resentations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it. 10.2 GENERAL REGULATIONS The provisions of Section 10.2 shall apply to signs in all zoning districts. Additional specific regulations for residential and business districts are set forth in Sections 10.3 and 10.4 respectively. 10.2.1 PERMITTED GOVERNMENT OR SPECIAL SIGNS Any sign owned and installed by a governmental agency, or required by any law, governmental order or regulation is not subject to this by-law. Signs mounted on registered motor vehicles or carried by hand are not subject to this by -law. 10.2.2 RESIDENCES Two signs, up to one square foot in area each, are permitted per residential building indicating the name and address of the occupants therein. 10.2.3 RELIGIOUS INSTITUTIONS Two signs identifying churches, synagogues, and other similar religious uses are permitted on each street frontage, one of which may not exceed 20 square feet in area and the other of which may not exceed 10 square feet in area. One sign may be a standing sign used for notices and announcements of events at the religious institution. 10.2.4 REAL ESTATE SIGNS One real estate sign, not over six (6) square feet in area advertising the sale or rental of the premises on which it is located is permitted. Real estate signs not more than 20 square feet in area and not more than 10 feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81 -L, solely to advertise the selling of land or buildings in said subdivision, but not more than one such sign shall face the same street. 10.2.5 ILLUMINATION No sign shall be illuminated between the hours of 12:00 midnight and 6:00 a.m., except signs on premises open for business, and then only upon issuance of a special permit by the SPCA. Exterior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPCA. The illumination of any sign shall not exceed 150 foot lamberts. 10.2.6 SIGNS CANNOT INTERFERE WITH TRAFFIC No sign, including window displays, or their illumina- tors shall by reason of its location, shape, size or color inter- fere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard. 10.2.7 CONSTRUCTION No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to a substantial intermediary removable sur- face and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installa- tion of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one fourth (1/4) of an inch. The construction of the sign shall comply with the State Building Code. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 10.2.8 MAINTENANCE Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign causes the loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed. 10.2.9 PROHIBITED SIGNS The following types of signs are prohibited. a. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature. b. Wind signs, including banners, pennants, spinners, streamers, and other wind actuated components. c. String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration. d. Signs erected so as to obstruct any door, openable window or fire escape on a building. e. Billboards or non - accessory signs. 10.3 RESIDENTIAL DISTRICTS 10.3.1 MULTI- FAMILY DWELLING DEVELOPMENTS A sign not exceeding 12 square feet in area is permitted identifying developments in an RM, RD or RH district. 10.4 BUSINESS DISTRICTS Accessory signs on business establishments in business districts that comply with the following provisions are permitted. 10.4.1 WALL SIGNS a. One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign above the first floor of a building shall not exceed three feet. b. A secondary wall sign may be installed marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign. c. No wall sign shall be more than three feet in overall height. d. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one half of the area that would be permitted for a single sign. e. In addition to the above signs each building may have one directory sign affixed to the exterior wall, window or door of the building. Such directory sign shall provide not more than one square foot for each occu- pant of the building. f. Wall signs shall either be affixed to a wall and par- allel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall. (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 10.4.1 (Cont.) g. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher. 10.4.2 WINDOW SIGNS Removable signs on the inside of windows or transparent doors are permitted. 10.4.3 PROJECTING SIGNS In particular instances the SPGA may issue Special Per- mits for projecting signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one projecting sign. 10.4.4 STANDING SIGNS The following standing signs are permitted: a. Standing signs permitted under Sections 10.2.2, 10.2.3, and 10.2.4. b. During the construction of a building a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and the engineers. Such a sign shall not exceed 20 square feet in area or 10 feet in any direction. Such sign shall be removed promptly after the completion of the building. c. In particular instances the SPGA may issue Special Permits for standing signs in accordance with Section 10.1.4, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the esta- blishment is such that the sign should be permitted in the public interest. No establishment shall be per - mitted more than one standing sign other than signs directing traffic flow. 10.4.5 SIGNS AT GASOLINE FILLING STATIONS AND GARAGES Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled as hereinabove provided, into separate wall signs indicating the separate operations or departments of the business, provided however, that the total of the widths of the separate signs shall not exceed the maximum width permitted under this by- law for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. The standard type of gasoline pump bearing thereon in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this by -law. 10.5 NONCONFORMANCE OF SIGNS Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be enlarged. 4. Amend the Zoning By -Law by replacing in Table 1, line 8.1, the phrase "accessory signs subject to Section 9.7 hereof and the Town Sign By -Law" by "accessory signs subject to Section 10 hereof ". (Adjourned Session of the 1980 Annual Town Meeting - April 9, 1980.) Article 65. Adopted Motion - (Cont.) (Cont.) 5. Repeal the entire existing Sign By -Law. Said repeal shall be effective upon the approval of the above amendments to the Zoning By -Law by the Attorney General and its posting in accord- ance with Section 32 of Chapter 40 of the General Laws. (Adopted 149 to 23. See Page 578) Article 66. Presented by Iris G. Wheaton. MOTION: That the Zoning By -Law of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. 10:20 P.M. (Motion as set forth and attached to the report of the Planning Board on this article: (As MOTION: That the Town vote to amend the Zoning By -Law by: adopted) 1. Striking from Table 2 - Schedule of Dimensional Controls the (Approved by column with the heading "CS ". Atty. Gen., July 28, 2. Striking from Table 2 - Schedule of Dimensional Controls the 1980. sentence in footnote a. "Minimum lot area in RD district shall Posted in be 10 acres. "; and replacing it by "For RD districts see Town Office Section 8.1.8." Bldg. and nine 3. Striking from Section 2 - Definitions, the words "Lexington precincts Building By -Law or" from line c. in the definition of DWELLING on Aug. 7, CONVERSION. 1980.) 4. Striking "CS" from Subsection 7.3.) Iris G. Wheaton filed the report of the Planning Board covering Article 66. The board unanimously recommended adoption of Article 66. 10:21 P.M. Motion as offered by Mrs. Wheaton declared adopted unanimously. 10:21 P.M. Manfred P. Friedman moved that this meeting be adjourned to Monday, April 14, 1980 at 8 P.M. in Cary Memorial Hall. 10:23 P.M. William T. Spencer asked for the intent of the Board of Selectmen in regard to meetings during vacation week (week beginning April 21, 1980). Mary W. Miley, Chairman of the Board of Selectmen, answered that they intend to be finished by that time. 10:23 P.M. Mr. Friedman's motion to adjourn this meeting to Monday, April 14, 1980 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:23 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ADJO URNED SESSION OF THE 1980 ANNUAL TOWN MEETING HELD APRIL 14, 1980 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P.M. in Cary Memorial Hall. There were 179 Town Meeting Members present. The invocation was offered by Rev. Arnold F. Colletti, Assistant Pastor of Saint Brigid's Church. 8:05 P.M. Article 67. Presented by James M. McLaughlin. MOTION: That the Town amend the Zoning By -Law: by changing the zoning district in which the land bounded and described below lies from RO -- One - Family Dwelling District to CD -- Controlled Commercial and Indu District and by revising the zoning map and zoning district map accordingly: The land in Lexington, Middlesex County, Massachusetts, bounded EASTERLY by the centerline of Spring Street, 400 feet; SOUTHERLY by a portion of said Spring Street and land now or formerly of William F. and Eileen A. Cowles, 610 feet; SOUTHWESTERLY by land now or formerly of Ginn & Company, 1396 feet; NORTHWESTERLY 22 feet, NORTHEASTERLY 317.9 feet, NORTHEASTERLY, AGAIN, 461 feet, NORTHWESTERLY, AGAIN, 33 feet, and NORTHEASTERLY, AGAIN, 735 feet, all by the Northern Circumferential Highway, Route 128 and by the Cambridge - Concord Highway, Route 2. All such distances being approximate. The development plan for such zoning district shall be the Amended and Restated Development Plan dated January 10, 1980, amended January 30, 1980, filed with the Town Clerk. 8:07 P.M. George Lovejoy, President of Meredith and Grew, the developer, was introduced and explained this proposal. He felt that this was an excellent use of the site and there would be a minimal cost to the town while bringing in tax revenue. This complex, if adopted, would be owned by a group of Massachusetts Savings Banks. 8:16 P.M. Jeanne K. Krieger, a Town Meeting Member from Precinct Three, spoke in opposition and said that twenty of the twenty -one Town Meeting Members from Precinct Three were opposed to this proposal. 8:18 P.M. Richard W. Souza, another Town Meeting Member from Precinct Three, spoke in opposition and stated that he was speaking for the South Lexington Civic Association, many of whom were in the balcony. 8:21 P.M. Manfred P. Friedman filed the report of the Planning Board covering this article (Fuller Hill). He explained that, although there are positive aspects to this proposal such as the tax return, it is bound to have an impact on the homes adjacent to the site and the traffic is an unknown quantity. Therefore, he added, the Planning Board does not support passage of this article. 8:28 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 67. Fritz K. Ringer of 186 Spring Street and Kenneth E. Freeberg of (Cont.) 166 Spring Street were recognized and spoke in opposition for the South Lexington Civic Association. Also speaking in opposition was Adam Sonnenstein, a resident of the area living at 1 Barberry Road and Town Meeting Members Susan J. Ricci (Precinct Nine) and Robert I. Robert (Precinct Three). 9:02 P.M. Mr. Lovejoy answered some of the questions of the opposition and explained that there would be approximately $400,000.00 in tax revenue received by the town. 9:05 P.M. Dorothy M. Boggia moved the previous question which was declared adopted by voice vote. 9:05 P.M. The Moderator asked for a standing vote on the main motion, as he was sure that the vote would not be unanimous and a two - thirds vote was needed. Results as follows: Precinct In Favor Tellers Opposed 1 5 Cornelia C. Johnson 10 2 9 Mary M. McIver 11 3 0 William A. Ridgley 21 4 4 Germania B. whiting 9 5 0 Madeline A. Shaughnessy 17 6 1 Margaret N. Brooke 16 7 0 Lloyd Gilson 17 8 5 Charles E. Connolly 10 9 0 Deborah B. Green 19 At Large 1 William J. Dailey, Jr. 16 Totals 25 146 Main motion, as presented by James M. McLaughlin, does not prevail. 9:08 P.M. The Moderator stated that the meeting was now open on Article 4 - Line Item #1090 (postponed until after consideration of Article 67 at the March 17, 1980 session of this town meeting - See Page 523). At the time of postponement the motion on the floor was an amendment offered by Manfred P. Friedman as follows: "Moved that the amount in line item 1090 be changed from $20,000 to $25,000." Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported Mr. Friedman's amendment. 9:18 P.M. Voice vote was taken on Mr. Friedman's amendment to line item 1090 (Article 4) and the motion was declared lost by the Moderator. 'Phis decision was doubted by twenty members, therefore a standing vote was taken as follows: Precinct I n Favor Tellers Opposed Abstained 1 10 Cornelia C. Johnson 2 2 13 Mary M. McIver 7 3 2 William A. Ridgley 18 1 4 13 Germania G. Whiting 1 5 2 Madeline A. Shaughnessy 16 6 7 Margaret N. Brooke 9 7 11 Lloyd Gilson 6 8 3 Charles E. Connolly 10 9 5 Deborah B. Green 13 At Large 9 William J. Dailey, Jr. 9 _ Totals 75 91 1 Mr. Friedman's motion to amend Article 4 - Line Item 1090 does not prevail. 9:21 P.M. See next page for motion as adopted. (Adjou S ession of the 1980 Annual Town Meeting - April 14, 1980_) Article 4. The motion on the floor at this time (Article 4 - Line Item 1090) (Cont.) is the motion offered (main motion) at the March 17, 1980 session of this town meeting (See Page 523) as follows: Town Manager's Jurisdictio #1090 General Prof. Services $20,000. Adopted by unanimous vote. 9:21 P.M. Article 68. Manfred P. Friedman moved that this article be indefinitely post- poned. 9:21 P.M. Mr. Friedman filed the report of the Planning Board covering Article 68. Motion to indefinitely postpone Article 68 adopted unanimously. 9:22 P.M. Francis W. K. Smith moved that Article 40 be taken off the table at this time and this motion was adopted unanimously. 9:22 P.M. (See Page 544.) Article 40. Francis W. K. Smith moved that this article be indefinitely post- poned. This motion was adopted unanimously. 9:22 P.M. Article 69. Presented by Eric T. Clarke. MOTION: That the Town amend the zoning by -law by changing the zoning district in which lies the land described below from RO - one family dwelling district - to RD - multi - family district - in and by revising the zoning map and zoning district map to show as a RD district the land bounded and described as follows: NORTHERLY by the Southerly line of Woburn Street, 212 and 18/100 feet; EASTERLY 476 and 68/100 feet; and NORTHERLY 238 feet; NORTHEASTERLY 336 and 75/100 feet; SOUTHERLY 160 and 56/100 feet; EASTERLY 9 and 54/100 feet; and SOUTHERLY 813 and 53/100 feet, by land now or formerly of Winning Home Farm, Inc.; WESTERLY by land now or formerly of Howard M. Munroe, 388 and 48/100 feet; and NORTHERLY by land now or formerly of Elmina M. Munroe, 321 and 32/100 feet. The site development plan for such zoning district shall be the plan entitled Preliminary Site Plan Woburn Street, Lexington, Mass. dated Jan. 21, 1980 revised 2 -5 -80; 3 -14 -80 as filed with the Town Clerk. 9:24 P.M. John J. O'Connor, Jr., Attorney for the developer was recognized and gave an explanation of the proposal. He then introduced Herbert Eisenberg, Architect for the development, who then gave an added explanation and showed slides of the Shaker Glen Housing Proposal. 9:39 P.M. Laura F. Nichols filed the report of the Planning Board which opposed this article although Mrs. Nichols commended the architect. 9:43 P.M. John P. Meehan of 24 Peachtree Road, Robert S. Glassman of 9 Peach- tree Road, Rona G. Cohen of 20 Peachtree Road and Keistutis P. Devenis of 7 Blodgett Road were recognized and all spoke in opposition. 9:54 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 69. Albert P. Zabin and Pamela Winston, both Town Meeting Members from (Cont.) Precinct One, spoke in opposition. Miss Winston added that the Precinct One Town Meeting Members in attendance were opposed to this development. 9:58 P.M. J. Keith Butters moved the previous question, which was declared adopted by voice vote. 10 P.M. As this motion, main motion, requires a two - thirds vote, the Moderator asked for a standing vote, results as follows: Precinct In Favor Tellers Opposed Abstained 1 0 Cornelia C. Johnson 16 2 0 Mary M. McIver 19 3 0 William A. Ridgley 21 4 0 Germania B. Whiting 14 5 0 Madeline A. Shaughnessy 18 6 2 Margaret N. Brooke 16 7 0 Lloyd Gilson 16 1 8 0 Charles E. Connolly 16 9 0 Deborah B. Green 19 At Large 0 William J. Dailey, Jr. 17 Totals 2 172 1 Main motion, as presented by Eric T. Clarke, does not prevail. 10:03 P.M. Article 70. Eric T. Clarke moved that this article be indefinitely postponed. 10:03 P.M. Manfred P. Friedman filed the report of the Planning Board covering Article 70. 10:03 P.M. Motion to indefinitely postpone Article 70 declared adopted unanimously. 10:03 P.M. Article 71. Eric T. Clarke moved that this article be indefinitely postponed. 10:03 P.M. Manfred P. Friedman filed the report of the Planning Board covering Article 71. 10:03 P.M. Motion to indefinitely postpone Article 71 declared adopted unanimously. 10:03 P.M. Article 72. Manfred P. Friedman moved that this article be indefinitely postponed. 10:04 P.M. Mr. Friedman filed the report of the Planning Board covering Article 72. 10:04 P.M. Motion to indefinitely postpone Article 72 declared adopted unanimously. 10:04 P.M. Article 73. Presented by John J. McWeeney. (Mr. McWeeney stated that he would abstain from voting on this article.) MOTION: That the Town vote to amend the Zoning Map by placing in a CD District the following described land, owned by the Trustees of Athens Realty Trust, and currently in an RS District: That certain parcel of land on Bedford Street, abutting the land currently used as the so- called Stop and Shop Shopping Center and bounded and described as follows: (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 73. NORTHERLY by other land of Trustees of Athens Realty Trust (Cont.) and by the line on such land which divides the existing CB District from the existing RS District, two hundred fifty (250) feet more or less; and WESTERLY by said other land of Trustees of Athens Realty Trust, eighty (80) feet more or less; and SOUTHERLY by said other land of Trustees of Athens Realty Trust and by land now or formerly of First Con - gregational Society (Unitarian) of Lexington, two hundred fifty -two (252) feet more or less; and EASTERLY by Bedford Street, seventy -five (75) feet more or less. 10:06 P.M. In explanation, Mr. McWeeney said that there are 169 spaces for existing parking and if the article is adopted, they are proposing 34 additional spaces, bringing the total to 203 spares. A stockade fence will be erected along the front and side of the property so that the parking area will not be seen from the street. 10:13 P.M. John L. Sampson of 8 Bedford Street was recognized and spoke for the residents of the area in opposition. 10 :17 P.M. Manfred P. Friedman filed the report of the Planning Board which recommended defeat of this article. 10:20 P.M. In response to Julian J. Bussgang's request, David L. Williams, Chairman of the Conservation Commission, stated that the commission had not taken a formal position on this article and would vote as individuals, not as members of the commission. 10:22 P.M. As this motion, main motion, required a two - thirds vote for passage, and, not expecting a unanimous vote, the Moderator asked for a standing vote with results as follows: Precinct In F avor Tellers Opposed Abstained 1 1 Cornelia C. Johnson 13 2 2 4 Mary M. McIver 16 3 1 William A. Ridgley 18 2 4 1 Germania B. Whiting 13 5 2 Madeline A. Shaughnessy 14 1 6 1 Margaret N. Brooke 17 7 3 Lloyd Gilson 14 8 0 Charles E. Connolly 1.4 2 9 2 Deborah B. Green 15 At Large 4 William J. Dailey, Jr. 12 Totals 19 146 7 Main motion, as presented by John J. McWeeney, does not prevail. 10:34 P.M. Article 74. Shirley H. Stolz, after_ reading a letter from Attorney John Devine asking that Article 74 be withdrawn, moved that this article be indefinitely postponed. 10:35 P.M. Motion to indefinitely postpone Article 74 was declared adopted unanimously. 10:35 P.M. James F. Crain moved that Article 51 be taken from the table. This motion was adopted unanimously. 10:35 P.M. (See Page 560 and for adopted motion see next page.) (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 51. (See Pages 560 and 588) Presented by James F. Crain. MOTION: That the sum of $750,000.00 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1980, and that such amount be transferred from the Excess and Deficiency Account (Free Cash), and that the sum of $826,916.00 plus any additional amount added to free cash be exempt from the provisions of Section 12A of Chapter 151 of the Acts of 1979 and not be utilized for the purpose of reducing the property tax levy. for fiscal year 1981. 10:36 P.M. Donald B. White, Chairman of the Appropriation Committee stated that his committee concurred with this motion. He added that the estimated tax rate is $93.10. 10 :37 P.M. Motion, as presented by Mr. Crain, declared adopted unanimously. 10 :37 P.M. Alfred S. Busa moved that Article 50 be taken off the table. This motion was declared adopted unanimously. 10:38 P.M. (See Page 560) Article 50. (See Page 560) Presented by Alfred S. Busa. MOTION: That the Town increase the appropriations limit esta- blished by Chapter 151 of the Acts of 1979 by $1,414,930.71 so that the appropriations limit as so increased will be $28,096,053.00. 10:39 P.M. Voice vote on this motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed Abstained 1 14 Cornelia C. Johnson 1 1 2 17 Mary M. McIver 2 3 21 William A. Ridqley 0 4 14 Germania B. Whiting 0 5 17 Madeline A. Shaughnessy 0 6 17 Margaret N. Brooke 1 7 16 Lloyd Gilson 1 8 13 Charles E. Connolly 3 9 16 Deborah B. Green 1 At Large 19 William J. Dailey, Jr. 0 Totals 163 9 1 More than the required two - thirds having voted in favor, the motion, as presented by Mr. Busa, was adopted. 10:41 P.M. Alfred S. Busa moved that Article 52 be taken off the table. This motion was declared adopted unanimously. 10:42 P.M. (See Page 560) Article 52. (See Page 560) Presented by Alfred S. Busa. MOTION: That the Town increase the tax levy limit established by Chapter 151 of the Acts of 1979, by not more than $1,372,298.00 so that the tax levy limit as so increased will not be more than $29,007,544.00. 10:42 P.M. (Adjourned Session of the 1980 Annual Town Meeting - April 14, 1980.) Article 52. Richard A. Michelson and Patricia A. Swanson questioned Mr. Busa in (Cont.) regard to the tax cap. 10:45 P.M. Voice vote on Mr. Busa's motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers O pposed 1 13 Cornelia C. Johnson 3 2 16 Mary M. McIver 4 3 20 William A. Ridgley 1 4 14 Germania B. Whiting 0 5 17 Madeline A. Shaughnessy 1 6 16 Margaret N. Brooke 1 7 16 Lloyd Gilson 1 8 11 Charles E. Connolly 4 9 16 Deborah B. Green 1 At Large 19 William J. Dailey, Jr. 0 Totals 158 16 More than the required two - thirds having voted in favor of Mr. Bussa's motion, the motion is adopted. 10:47 P.M. Mary W. Miley moved that this meeting be dissolved. 10:47 P.M. Sam V. Nablo moved to reconsider Article 4 - Line Item 6050. 10:47 P.M. The Moderator told the meeting that the question would come on the motion to dissolve, as it was offered first, and if that motion lost, then a vote would be taken on the motion to reconsider Article 4 - Line Item 6050. Mary W. Miley withdrew her motion to dissolve this meeting. 10:47 P.M. Manfred P. Friedman asked what the Selectmen intended to do with the $10,000 for mosquito control as the report of the Mosquito Control Committee did not recommend mosquito control. Mrs. Miley answered that the Selectmen have reviewed the report and have not made up their minds at this time but have considered hiring an intern to look into the subject. 10:50 P.M. Motion to reconsider Article 4 - Line Item 6050, as presented by Mr. Nablo, was declared lost by voice vote. 10:51 P.M. Mary W. Miley, Chairman of the Board of Selectmen, moved that this meeting be dissolved. This motion was adopted unanimously. 10:52 P.M. A true copy. Attest: ,+ / f / 1 Mary R. McDonough, Town Clerk