HomeMy WebLinkAbout1982-03-01- to 1982-06-16-ATM-min ANNUAL TOWN MEETING - APRIL 5, 1982 1
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:10 P.M. in Cary Memorial Hall.
There were 187 Town Meeting Members present.
Invocation was offered by Reverend David C. Myers, Pastor of the Lexington
United Methodist Church. 8:11 P.M.
The Town Clerk, Mary R. McDonough, read the warrant for the meeting until
further reading was waived by the meeting. 8:13 P.M.
The Constable's Return of the warrant was read by the Town Clerk. 8:13 P.M.
Article 2. Alfred S. Busa, Chairman of the Board of Selectmen, moved that the
Town Manager's Status Report On Open Money Articles be accepted
and placed on file.
Adopted unanimously. 8:14 P.M.
The Moderator stated that Article 2 would remain open throughout
the entire meeting and that reports could be filed at any time.
8:15 P.M.
At Mr. Busa's request, Robert M. Hutchinson, Jr., Town Manager,
was recognized and he gave a brief review of the municipal budget.
Using slides as a visual aid, Mr. Hutchinson explained that the
total budget for FY83 was $32,598,550. - town budget amount
$14,659,847 and school budget amount $17,938,703. These amounts
reflect the approximate 33% increase in health insurance costs.
He added that the net amount to be raised in FY83 is $26,977,887
compared to $25,840,669 for last year.
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.
Adopted unanimously. 8:25 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
moved that the report of the Appropriation Committee be accepted
and placed on file.
Adopted unanimously. 8:27 P.M.
Article 3. SUPPLEMENTARY APPROPRIATIONS
FOR CURRENT FISCAL YEAR (FY 82)
Presented by Alfred S. Busa.
MOTION: ThaL the sum of $160,000 be appropriated for the following
line items, to be used in conjunction with money appropriated under
Article 39 of the Warrant for the 1981 Annual Town Meeting, and that
to raise such amount $160,000 be transferred from the Reserve Fund -
Overlay Surplus Account.
( Annual Town Meeting - April 5, 1982.
Article 3. Account # Amount
(Cont.)
1700 Group Insurance $ 75,000
3770 Police Department Collective Bargaining
Unit - Personal Services $ 20,000
4120 Fire Department Collective Bargaining
Unit- Persorol Services $ 65,000
8:27 P.M.
Mr. Busa explained that the above requests were due to the increase
in health insurance costs, unanticipated injuries in the Police
Department and overtime costs in the Fire Department.
Adopted unanimously. 8:28 P.M.
Article 4. OPERATING BUDGET
Presented by Alfred S. Busa.
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer_ is
indicated they shall be provided by such a transfer.
8:29 P.M.
The following was read by the Moderator:
Selectmen's Department
#1000 Personal Services $ 31,533
1050 Expenses 7,775
8 :29 P.M.
Town Man Office
1060 Personal Services 109,300
1065 Expenses 7,000
8:29 P.M.
To wn Manager's Jurisdiction
1.070 Temporary Help & Overtime 39,000
1075 Clerical Pool 9,573
1080 Office Furniture & Fixtures 3,000
1090 General Professional Se=rvices 25,000
1125 Fire & Police Medical 20,000
1130 Director of Guides - P.S. 1,000
1135 Out -of -State Travel 5,000
1141 Tuition & Training Fees 11,500
1142 In -State Travel 10,000
8 :30 P.M.
Selectmen's Jurisdiction
1148 Safety Program Expenses 1,000
8:30 P.M.
To wn Clerk's Department
1150 Personal Services 65,217
1200 Expenses 1,400
8 :30 P.M.
Board of Appeals
1500 Personal Services 14,365
1550 Expenses 2,650
8:31 P.M_
G
(Annual Town Meeting - April S, 1982.) q
Article 4. Planning Board
(Cont. )
41600 Personal Services $ 43,726
1650 Expenses 5,000
8 :31 P.M.
Insur ance
1700 Group 1,065,000
1750 Municipal Property & Workmen's Compensation 300,000
8:31 P.M.
Printing Town Report
1760 Expenses 5,000
8:32 P.M.
Law Department
1775 Law Fees 60,000
1800 Law Expenses 15,000
8:32 P.M.
E lections
1900 Selectmen Jurisdiction 19,855
1950 Town Clerk Jurisdiction 15,559
8:32 P.M.
Board of Registrars
2000 Personal Services 7,573
2050 Expenses 13,018
8 :33 P.M.
Town Committees
2250 Appropriation Committee Expenses 950
2370 Misc. Committees & Boards Expenses 2,500
2400 Town Celebrations Committee Expenses 7,500
8:33 P.M.
Historic Districts Commiss
2450 Expenses 1,800
8:33 P.M.
Conservation Commission
2460 Expenses 6,035
2465 Personal Services 6,816
8:33 P.M.
Recreation Committee
2470 Personal Services 137,657
2480 Expenses 20,705
8 :34 P.M.
Treasurer /Collector's Department
2500 Personal Services 96,618
2525 Expenses 25,760
2575 Foreclosure & Redemption 3,120
8:34 P.M.
Comptroller's Department
2800 Personal Services 118,372
2850 Expenses 3,825
8:34 P.M.
(Annual Town Meeting - April 5, 1982
Article 4. Comp Juris
(Cont.)
#2925 Office Machines- Capital Outlay $ 9,500
2930 Office Machines- Maint. & Repair 7,850
2935 Office Services - Copier & Supplies 10,000
2940 Metered Mail 27,600
8:35 P.M.
Assessors' Department
2950 Personal Services 62,854
3000 Expenses 10,000
8:35 P.M.
Health Department ->
3250 Personal Services 50,810
3300 Expenses 7,600
3450 Rabies Clinic 2,750
8:35 P.M.
Health Jurisdiction - Animal Control Officer
3500 Personal Services 19,373
3550 Expenses 6,000
8 :36 P-M.
Police Department
3760 Police Department Management and Staff - Personal Services 381,908
(Of which $16,000 is to be transferred from the
Parking Meter Fund)
3770 Police Department Collective Bargaining Unit -
Personal Services 1,071,816
To which the sum of $55,628 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
8 :36 P.M.
3800 Expenses 202,900
To which the sum of $50,000 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
8.37 P.M.
3900 Parking Meter Maintenance 2,500
(Of which $2,500 is to be transferred from the
Parking Meter Fund)
8:37 P.M.
Fire Department
4110 Fire Department Management and Staff- Personal Services 102,891
4120 Fire Department Collective Bargaining Unit- Personal
Services 1,268,595
4150 Expenses 107,000
8:37 P.M.
Local Disaster Services
4300 Personal Services 200
4350 Expenses 500
8:37 P.M.
(Annual Town Meeting - April 5, 1982.)
Article 4. I nspection Department
(Cont.)
#4450 Personal Services $ 92,751
4500 Expenses 3,085
8:38 P.M.
Director of Public Works Offi
4900 D.P.W. Collective_Bargaining Unit - Personal Services 1,261,508
(Of which $30,000 is to be transferred from the
Westview Perpetual Care Fund and $11,000 from
Westview Sale of Lots Fund)
4950 Public Works Management and Staff Personal Services 363,056
5000 Expenses 12,320
8:39 P.M.
Engineering Depart
5100 Personal Services 210,699
5150 Expenses 6,300
8:39 P.M.
Town Buildings Maintenance
5200 Personal Services 73,770
5250 Expenses 269,700
8:39 P.M.
Highway and Traffic Division
5400 Expenses 212,650
(Divided (Of which $20,000 is to be transferred from the
from Art. Parking Meter Fund.)
4. See 8:39 P.M.
Pgs. 86, 89
& 145,
146.) Road Machinery
5450 Expenses 219,475
8:39 P.M.
Snow Remova
5500 Expenses (See below and next page) 128,325
8 :40 P.M.
Ephraim Weiss raised concern over the snow removal budget.
He stated that after driveways are cleared, the plows invariably
return to widen the street, which he felt was not necessary, and
the driveways are filled in. He suggested that front end loaders
open up the end of each driveway. Mr. Busa responded that it was
necessary to widen the streets to open up the drains to prevent
flooding and that with over 9,000 dwellings in Lexington, the use
of front end loaders to open up each driveway would add approxi-
mately $62,000. to the snow removal budget. 8:45 P.M.
Ephraim Weiss moved that Item 5500 be increased by $60,000.
8:50 P.M.
Mr. Weiss explained that his amendment would cost each family
approximately $10. per year to have the end of their driveway
opened up. Mr. Busa stated that the Board of Selectmen unanimously
opposed this amendment. 8:53 P.M.
James M. McLaughlin moved the previous question which was
declared adopted by voice vote. 8:55 P.M.
Motion to amend, as offered by Mr. Weiss, declared lost by
voice vote. 8:55 P.M.
(See next page for Snow Removal budget as adopted)
(Annual Town Meeting - Apr 5, 1982.)
Article 4. Snow Removal (See preceding page)
(Cont.)
#5500 Expenses $ 128,325
(As
adopted) (Of which $16,500 is to be transferred from
the Parking Meter Fund)
8 :55 P.M.
Street Lights
5600 Expenses 360,000
To which the sum of $360,000 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
8 :55 P.M.
In response to a concern about energy costs raised by Fred D.
Rosenberg, Alfred S. Busa answered that the Selectmen and the
D.P.W. have been looking into ways to reduce costs. They have been
denying requests for street lights and have a backlog of requests.
To Mr. Rosenberg's suggestion that the street lights be turned off
at midnight or some such time, Mr. Busa stated that there would not
be any savings as the majority of the lights are on a censor. In
the past when the lights did not remain on all night, they were on
a timer which was located in the D.P.W. building and could be
adjusted manually. 8:58 P.M.
In answer to a question raised by Sam V. Na.blo, Mr. Busa explained
that the town is charged by the light or poll and are charged
whether the light is on or off. 9 P.M.
Arthur C. Smith questioned the Appropriation Committee in regards to
Line Item 45400. William J. Dailey, Jr., Chairman of the Appropria-
tion Committee answered that he intended to serve notice of
reconsideration of this line item when Article 4 is completed.
9:01 P.M.
The Moderator called a brief recess at 9:02 P.M. and reconvened the
meeting at 9:05 P.M.
William J. Dailey, Jr. moved that Line Item #5400 be divided from Article 4
and stand on it's own.
(See Pages 85, 89, Adopted unanimously. 9:06 P.M.
145 & 146.)
Article 4. Sewer & Water Maintenance
(Cont.)
#5700 Expenses 193,271
9:06 P.M.
Refu Collection
5800 Contract 9:06 P.M. 550,000
Sanitary Landfill
5850 Expenses 3,000
9:06 P.M.
(Annual Town Meeting - April 5, 1982.)
Article 4. Park /Shade Tree Division
(Cont.)
#6000 Expenses (See below for amended motion) $ 113,170
9:06 P.M.
In response to a question by Manfred P. Friedman, the Town Manager
stated that included in the $113,170 figure is the amount of
$1,350 for insect control. There is no money for mosquito control.
9:08 P.M.
Manfred P. Friedman moved that Line Item 6000 — $113,170 be
stricken and the figure $111,820 be substituted therefor, and that
Line Item 6050 - Insect Suppression be added with the amount
$1,350.
Amendment adopted by voice vote. 9:13 P.M.
Line Items #6000 and 6050 now read:
Park /Shade Tree Division
6000 Expenses 111,820
9:15 P.M.
6050 Insect Suppression 1,350
9:15 P.M.
Cemeteri
6400 Expenses 15,700
9:15 P.M.
HUMAN SERVICES
Veterans' Benefits
7100 Personal Services 8,014
7150 Administration 150
7200 Aid & Expenses 20,000
7250 Grave Registration Expenses 400
7300 Burial Expenses 250
9:16 P.M.
Council on Aging
7340 Personal Services 16,220
To which the sum of $16,220 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
7360 Expenses 27,664
To which the sum of $27,664 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
9:17 P.M.
Other Human Service
7410 Mystic Valley Mental Health 10,000
7420 Public Health Nursing 7,080
7430 Community Services 40,488
To which the sum of $40,488 in available and
anticipated P.L. 96 -604 (General Revenue Sharing
Funds) is to be applied.
9:18 P.M.
Q Q
(ra(9 (Annual Town Meeting Apri 5, 1982.)
Article 4. Cary Memorial Library,
(Cont.)
47500 Personal Services $ 473,624
7550 Expenses 167,890
(Of which $4,569.97 is to be transferred from the
County Dog License Fees. $14,739.50 in State Aid to
Public Libraries is also available for use by the
Trustees of the Library.)
9:20 P.M.
B oard of Retirement
7800 Contributory Pension Fund 1,074,163
(Of which $74,163 is to be transferred from the
Reserve Fund - Overlay Surplus Account.)
7810 Pension Funding 300,000
Arthur C. Smith questioned the amount of this appropriation. The
(See Pages Town Manager explained that this is the beginning of a long term
114 & 115 commitment. The Chairman of the Appropriation stated that his
for motion committee had met with the Chairman of the Retirement Board and
as adopted) agreement had been reached on this figure. He added that
$120,000 had been earned in interest on the amounts previously
appropriated. 9 :25 P.M.
Arthur C. Smith moved that Line Item 7810 be divided from Article
4 and stand on its own. 9:27 P.M.
After much discussion, both pro and con, Mr. Smith's motion was
declared lost by voice vote. This vote was doubted so a standing
vote was taken as follows:
Prec In Favor Telle Opposed
1 2 James S. Wilson 13
2 6 Lynda A. Wik 12
3 7 Suanne C. Dillman 9
4 1 Peter C. J. Kelley 14
5 6 James L. Silva 15
6 12 Edith Sandy 7
7 8 Winifred L. L. Friedman 10
8 2 Suzanne S. Frank 14
9 6 John C. Eddison 12
At Large 1 John R. Campbell 21
Totals 51 127
Mr. Smith's motion to amend declared lost. 9:43 P.M.
Board of Retirement (Cont.)
7825 Non - Contributory Pension Fund 190,000
7850 Expenses 5,850
9:43 P.M.
Public Scho
7920 Public School- Education 17,617,012
(Of which $11,950.00 is for out of state travel.)
To which the sum of $216,312 in available and
anticipated 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 $17,380,700 is to be raised in the tax levy.
9:45 P.M.
81.00 Regional Vocational Technical High School Assessment 321,691
9:45 P.M.
8500 Interest on Debt 154,925
9:45 P.M.
( Annual Town Meeting - April 5, 1 982.) 8
Article 4. Responding to Margaret F. Rawl's question, Mr. Hutchinson, Town
(Cont.) Manager, explained that the town should receive whatever money is
expected from General Revenue Sharing Funds but that Revenue
Sharing will probably be through by 1983. Comptroller Richard M.
Perry stated that the town receives approximately $110,000. per
quarter from Revenue Sharing. There is a $550,000 balance left
from last year which is available for the next fiscal year.
9:50 P.M.
#8525 Tax and Bond Anticipation Loans 67,000
8550 Maturing Debt 1,050,000
9:50 P.M.
(Comptroller Richard M. Perry gave written notice that he would abstain
from voting on Article 4. Moderator Lincoln P. Cole, Jr. and Town Clerk
Mary R. McDonough also abstained from voting.)
Main motion, as offered by Alfred S. Busa, under Article 4,
with the exception of Line Item #5400, was declared adopted
unanimously. 9:50 P.M.
William J. Dailey, Jr. moved to table Line Item 45400 under Article 4.
(See Pgs. 85 & 86, 9:50 P.M.
145 & 146.)
Arthur C. Smith served notice of reconsideration of Line Item #7810 under
Article 4. 9:50 P.M.
(See Pages 114 & 115)
Article 5. SALARY ADJUSTMENTS AND
COLLECTIVE BARGAINING
SETTLEMENTS
Presented by James F. Crain.
MOTION: That $350,000 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. # DEPARTMENT
1000 Selectmen
1060 Town Manager
1070 Temporary Help & Overtime
1075 Clerical Pool
1130 Director of Guides
- 1150 Town Clerk
1500 Board of Appeals
1600 Planning Board
2000 Board of Registrars
2465 Conservation Commission
2470 Recreation
2500 Treasurer /Collector
2800 Comptroller
2950 Assessor
3250 Health
3500 Animal Control
3760 Police Management and Staff
aJ 0 (Annual Town Meeti - Ap ril 5, 1982.)
Article 5. A CCT. # DEPARTMENT
(Cont.)
3770 Patrolmen and Sergeants - P.S.
(Abstained 4110 Fire Management and Staff
from voting: 4120 Fire Coll. Bargaining Group - P.S.
Richard M. 4450 Inspection
Perry, 4900 D.P.W. Collective Bargaining Group -
Lincoln P. Personal Services
Cole, Jr. & 4950 D.P.W. Management and Staff
Mary R. 5100 Engineering
McDonough) 5200 Town Building Maintenance
7100 Veterans' Services
7340 Council on Aging
7500 Library
7825 Non - Contributory Pensions
Adopted unanimously. 9:53 P.M.
James M. McLaughlin served notice of reconsideration of Line Item #1775
under Article 4. 9:53 P.M.
Article 6. PRIOR YEARS' UNPAID BILLS
Presented by Alfred S. Busa.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 9:53 P.M.
Article 7. SUPPLEMENTAL APPROPRIATIONS
FOR AUTHORIZED PUBLIC WORKS
PROJECTS
Presented by Alfred S. Busa.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 9:54 P.M.
Article 8. RESERVE FUND
Presented by James F. Crain.
MOTION: That the sum of $175,000 be appropriated for the Reserve
Fund and to raise such amount $175,000 be transferred from the
Reserve Fund- Overlay Surplus.
Adopted unanimously. 9:55 P.M.
Article 9. TAX ANTICIPATION BORROWING
Presented by Stephen Michael Politi.
MOTION: That the Town Treasurer, with the approval of the Selectmen,
be authorized to borrow money from time to time in anticipation of
the revenue for the fiscal year beginning July 1, 1982 and to issue a
note or notes therefor, payable within one year, under G.L. c. 44,
sec. 4 as amended, and to renew any note or notes as may be given
for a period of less than one year, under G.L. c. 44, sec. 17.
9:55 P.M.
Mr. Politi explained that this is an annual motion but that it has
not been necessary for the town to borrow in anticipation of revenue
for a few years. He added that a letter had gone out to certain
corporate taxpayers from the Town Manager and Town Treasurer back in
October 1981 suggesting that early payment of the first half of the
tax bill (which had not been sent out) would greatly assist the town.
(Annual Town Me eting - April 5, 1982.) 9 :,
Article 9. Mr. Politi read the list of the twenty -one taxpayers who had
(Cont.) responded by prepaying $1,560,518 as follows:
Boston Gas Company $ 51,129
Connecticut General Life Insurance Co. 68,452
Data Resources 31,687
Raytheon (Lex. Electronics Realty Trust) 265,921
Emerson Gardens 56,393
Ginn and Company 186,134
Honeywell 142,899
Ledgemont Associates (formerly Ledgemont Lab.) 206,622
Liberty Mutual 21,735
Tropeano and Nylander 44,008
Tektronix, Inc. 20,234
Varian Associates 51,126
W. R. Grace Co. 166,570
Zee Bee Trust (Zuckerman) 22,889
Equitable Life Assurance Co. 27,800
Lex. Development Co. Trust (Spaulding and Sly) 40,900
MBZ Trust (Hewlett- Packard) 41,050
Wellford Associates (Honeywell) 61,686
Battle Green Apartments 20,865
Lexington Gardens 6,918
Minuteman Associates (Nishan Haroian) 25,500
Total $ 1,560,518
Motion, as offered by Mr. Politi, adopted unanimously.
9:58 P.M.
Article 10. SELECTMEN'S APPRAISALS
AND OPTIONS
Presented by Stephen Michael Politi.
MOTION: That the Selectmen be and they hereby are authorized to
obtain appraisals and options on land and rights therein that they
desire to recommend be acquired by the Town for municipal purposes;
and to appropriate the sum of $1000 for such appraisals and options,
and to raise such amount $1000 be transferred from the appropriation
voted under Article 14 of the Warrant for the 1974 Annual Town Meeting.
Adopted unanimously. 10:01 P.M.
Article 11. INSTALL WATER MAINS
Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to
the assessment of betterments or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor; to appropriate the sum of
$67,000 for such installation and land acquisition; 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 such projects.
10:02 P.M.
According to Mr. Busa, the streets involved are:
Stratham Road - Worthen Road to Woodbury Road
Grant Place
Estabrook Road - Stimson Avenue to end
Hazel Road
Adopted unanimously. 10:04 P.M.
9 2 (Annual Town Meeting - April 5, 1982.)
Article 12. WATER DISTRIBUTION
SYSTEMS STUDY
Presented by Alfred S. Buss.
MOTION: That the sum of $75,000 be appropriated for engineering
services for a water system distribution study, that such amount be
transferred from the Reserve Fund - Overlay Surplus, 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.
10:05 P.M.
D.P.W. Director, Walter Tonaszuck showed slides of various water
pipes demonstrating the corrosion. 10:10 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
stated that his committee recommended unfavorable action. as they
felt the study could and should be made by town personnel.
10:14 P.M.
various speakers, both for and against, voiced their opinions
including recently retired Selectman Mary W. Miley who urged passage
of this motion. 10:30 P.M.
Mr. Dailey further explained that the Appropriation Committee is not
suggesting this project should be put off indefinitely but it should
be in -house work. 10:31 P.M.
Motion, as presented by Mr. Busa, declared lost by voice vote.
10 :34 P.M.
Article 13. INSTALL DRAINS /WIDENING,
DEEPENING OR ALTERING BROOKS
Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install drains in such accepted or unaccepted streets or other land
as the Selectmen may determine, including the widening, deepening or
altering the course of brooks, streams and water courses and the con-
struction of new channels in said other land, in accordance with
Chapter 263 of the Acts of 1926, as amended, or otherwise, and to
take by eminent domain, purchase or otherwise acquire any fee, ease-
ment or other interest in land necessary therefor; and to appropriate
the sum of $100,000 for such installation and land acquisition, and
that such amount be raised in the tax levy.
10:35 P.M.
Mr. Busa explained that the streets involved ar_e:
Wachusett Drive
Harbell Street to Constitution Road
Briggs Road
Motion, as offered by Mr. Busa, adopted unanimously.
10:36 P.M.
Article 14. BROOK CLEANING
Presented by Alfred S. Busa.
MOTION: That the sum of $10,000 be appropriated for cleaning and
maintaining streams and brooks in the Town, and that such amount be
raised in the tax levy.
Adopted unanimously. 10:38 P.M.
Article 15. AUTHORIZATION TO USE CHAPTER
90 FOR STREET IMPROVEMENTS
(See Alfred S. Busa moved that this article be indefinitely postponed and
Pages immediately withdrew his motion. As there were no objections from
94, 95, the floor, the Moderator declared that the motion was withdrawn.
113, 114, 10:39 P.M.
139, 141 -145)
(An nual Town Meeting - April 5, 1982.) 93
Alfred S. Busa moved that this meeting be adjourned to Monday, April 12,
1982 at 8 P.M. in Cary Memorial Hall. 10:40 P.M.
Mr. Busa then made the suggestion that future sessions of this meeting be
held on Monday, Wednesday and Thursday with no sessions during school vacation.
10:40 P.M.
The Moderator asked for a sense of the meeting in regards to holding sessions
on Thursday evenings and by an overwhelming majority of a show of hands, the
members do not wish to meet on Thursdays. 10:40 P.M.
Mr. Buss's motion to adjourn this meeting to Monday, April 12, 1982 at
8 P.M. in Cary Memorial Hall was declared adopted by voice vote.
10:40 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
William E. Bicknell, 50 Oak Street, Precinct Two, resigned as a Town
Meeting Member from Precinct Two on April 12, 1982.
r
9
ADJOUR SE SSION OF THE 1982 ANNUAL TOWN MEETING
HELD APR 12, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:04 P.M. in Cary Memorial Hall and was immediately recessed subject to the call
of the chair. The meeting was reconvened by the Moderator at 8:12 P.M.
There were 184 Town Meeting Members present.
The invocation was offered by Reverend Harvey Meppelink, Pastor of the
Assemblies of God Christian Center. 8:13 P.M.
The Moderator read the following memo from the Chairman of the School
Committee, James C. Beck:
The School Committee has voted to consider Dr. Geoff Pierson as an
active candidate for Superintendent-
There will be a meeting 7:30 A.M. Wednesday in the Selectmen's Meeting
Room to meet Dr. Pierson.
All citizens of Lexington are invited.
8 :15 P.M.
Article 15. AUTHORIZATION TO USE CHAPTER
90 FOR STREET IMPROVEMENTS
Presented by Alfred S. Busa.
(See MOTION: That the Treasurer with the approval of the Selectmen be
Pages authorized to issue Highway Reimbursement Notes of the Town in the
113,114, amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici-
139, pation of reimbursement by the Commonwealth for highway reconstruction
141 -145) and improvements under the authority of Chapter 90 of the General
Laws as funded by Chapter 351 and 732 of the Acts of 1981 and Chapter
570 of the Acts of 1980 and that notes issued for a shorter period
than two years may be refunded by the issue of new .notes maturing within
two years from the date of the original obligation, and that the :Select-
men are authorized to accept highway funds from all sources. 8:17 P.M.
Mr. Busa gave an explanation of his motion and showed slides listing
the streets to be resurfaced. In response to questions .raised by
Marian C. Reilly, Mr. Busa. said that the streets are to be resurfaced
to the existing widths and not widened except to straighten out
curves. 8:23 P.M.
Elaine Dratch asked how much of the money was reimbursable and Mr. Busa
said that it was all state money. 8:27 P.M.
Martin L. Hagerty moved to amend Article 15 by adding at the end thereto
the following phrase "provided that no monies shall be spent for the
design, development or construction of any part of Bedford St.
8:29 P.M.
Mr. Hagerty, as a resident of Bedford Street, spoke on his amendment
and against the reconstruction of Bedford Street. 8:35 P.M.
Mr. Busa said that the plan for Bedford Street had been on the burner
since 1973 and that a plan had been presented to town meeting in 1974
and was rejected. The Board of Selectmen do not plan to do anything
until they go back to the residents of the area. 8:37 P.M.
Ephraim Weiss would like to have the motion divided and have Martin
Hagerty withdraw his motion to amend. 8:40 P.M.
The Moderator called a short recess subject to the call of the chair
at 8:40 P.M. The meeting was reconvened by the Moderator at
8 :41 P.M.
The Moderator stated that the wording of the article does not lend
itself to division and the only way that it could be divided is
through an amendment similar to Mr. Hagerty's. 8:42 P.M.
Voice vote on Mr. Hagerty's motion to amend is doubted by the
Moderator, so a standing vote is taken as follows:
(Adjourned Session of the 1 982 Annual Town Meeting - Ap 12, 1982.) 9 1
Article 15. Standing vote on Mr. Hagerty's motion to amend: (Cont.)
(Cont.)
Precinct In Favor Te llers Opposed
1 9 Judith L. zabin 4
2 1 Lynda A. Wik 16
3 10 Suanne C. Dillman 7
4 12 Peter C. J. Kelley 2
5 18 James L. Silva 2
6 17 Edith Sandy 2
7 13 Winifred L. L. Friedman 4
8 4 Suzanne S. Frank 10
9 13 John C. Eddison 4
At large 5 John R. Campbell 14
Total 102 65
Mr. Hagerty's motion to amend declared adopted. 8:51 P.M.
Main Main motion as presented by Mr. Busa and amended by Mr. Hagerty
motion now reads:
as
amended. MOTION: That the Treasurer with the approval of the Selectmen be
authorized to issue Highway Reimbursement Notes of the Town in the
amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici-
pation of reimbursement by the Commonwealth for highway reconstruction
(See and improvements under the authority of Chapter 90 of the General Laws
Pages as funded by Chapter 351. and 732 of the Acts of 1981 and Chapter 570
113, of the Acts of 1980 and that notes issued for a shorter period than
114, 139, two years may be refunded by the issue of new notes maturing within
141 - two years from the date of the original obligation; and that the
145 Selectmen are authorized to accept highway funds from all sources,
provided that no monies shall be spent for the design, development
or construction of any part of Bedford St.
Weiss
Ephraim/moved to postpone action on this article until Monday,
April 26, 1982. 8:52 P.M.
The Moderator explained, that if Mr. Weiss's motion was adopted and
postponement prevailed, the article in total, that is, main motion
as amended, would be alive and time would stand still.
8:56 P.M.
Mr. Busa supported the motion to postpone. 9:02 P.M.
Mr. Wei_ss's motion to postpone action on Article 15 as amended
until April 26, 1982 was declared adopted by voice vote. 9:02 P.M.
William T. Spencer served notice of reconsideration of Martin L. Hagerty's
motion to amend Article 15. 8:55 P.M.
Article 16. Presented by Alfred S. Busa. INSTALL CURBING
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 9:02 P.M.
Article 17. Presented by Alfred S. Busa CONSTRUCT SIDEWALKS
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 9:03 P.M.
(Adjour Session of the 1982 Annual Town Me ctin g Ap 12, 1982.)
Article 18. Presented by Alfred S. Buss. PUBLIC WORKS EQUIPMENT
MOTION: That the sum of $150,000 be appropriated for the purchase 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.
9:03 P.M.
Mr. Busa listed the pieces of equipment to be replaced. 9:06 P.M.
Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee
spoke against the motion and presented the following amendment:
Moved that the figure $150,000 be reduced to $132,000. 9:11 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committe,
stated that his committee supported Mr. Barnert's amendment and
Mr. Busa stated that the Board of Selectmen opposed the amendment.
9:15 P.M.
Mr. Barnert's motion to amend declared adopted by voice vote.
9:15 P.M.
Main motion as amended now reads:
(As MOTION: That the sum of $132,000 be appropriated for the purchase
adopted) 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 adopted unanimously. 9:15 P.M.
Article 19. Presented by Margery M. Battin. PARKING IMPROVEMENTS
(See Pg. MOTION: That the sum of $15,000 be appropriated for parking im-
97 for provements in the Town, and to raise such amount $15,000 be transferred
motion from the Parking Permit Fund.
as adopted) 9:15 P.M.
Mrs. Battin explained that there would be no tax monies involved.
This money would be from the Parking Permit Fund which, according
to .law, may only be used for parking purposes. She added that
there is a need for substantial increases in all day parking.
Slides were shown of the parking lot in question - the lot adjacent
to the School Administration Building at the corner of Massachusetts
and Fletcher Avenues. 9:25 P.M.
Guy W. Doran moved to amend Mrs. Bat:tin's motion to add at the end
the words, "provided that none of the funds appropriated hereunder
shall be expended to expand the school administration parking lot."
9:25 P.M.
Edgar R. Stuhr filed the following petition with 195 signatures there-
on:
The undersigned residents urge the rejection of that part of
Article 19 of the Warrant before the 1982 Town Meeting of Lexing-
ton which would, if passed, cause further paving of the Green
next to the School Administration Building (bordered by Massa-
chusetts Avenue, Woburn Street, and Fletcher Avenue), for auto-
mobile parking.
We feel that this action would deprive the neighborhood of an
attractive and well-used open space. This Green is also visually
significant to residents as well as visitors entering the Town
Center from the South on Massachusetts Avenue.
We would propose: 1. To save the School Administration
Building Green for use as an unstructured playfield; and
2. To maintain the visual integrity of our
Town Center for those who enter from the South along Massachu-
setts Avenue. 9:28 P.M.
Martha Ullberg and John Ullberg of 10 Cottage Street spoke from
the balcony in opposition to the use of the School Administration
Lot for parking. 9:35 P.M.
(Adjourned Session of the 1 982 Annual Town Meeting - April 12, 1982.)
Article 19. Jacquelyn R. Smith spoke for the majority of the Planning Board
(Cont.) supporting the main motion as a good use for the site.
9:35 P.M.
William J. Dailey, Jr. spoke for the Appropriation Committee in
support of Mr. Doran's motion to amend. 9:40 P.M.
John F. Downey, Jr. asked for the report of the Conservation
Commission on this article to be given under Article 2.
9 :40 P.M.
Article 2. Angela E. Frick informed the meeting that the Conservation Commiss-
ion is opposed to any further pavement in this area (School Admini-
stration Building Lot). She added that the commission had written
to the Board of Selectmen in regards to this matter but had not
received an answer. 9:42 P.M.
Article 19. Motion to amend, as offered by Guy W. Doran, was declared adopted
(Cont.) by voice vote. 9:42 P.M.
William J. Dailey, Jr. moved to amend the motion under Article 19
by deleting the amount of $15,000 and substituting the figure of
$11,000. 9 :42 Y.M.
Mrs. Battin stated that if the $4,000 was left in the appropriation
that it would be used to drain and pave the parking area on Meriam
Street where needed. Also, a small amount would be used on the
other parking lots. Mrs. Battin said that she opposed the amendment
as offered by Mr. Dailey, Chairman of the Appropriation Committee.
9:45 P.M.
Richard A. Michelson voiced his disagreement with Mr. Da.iley's
amendment. 9:47 P.M.
Mrs. Battin said that there would be no reconstruction or extension
of the Meriam Street lot, it is to improve the parking lot only.
9:52 P.M.
Mr. Dailey's motion to amend was declared lost by voice vote.
9:52 P.M.
Main motion as amended now reads:
(As MOTION: That the sum of $15,000 be appropriated for parking
adopted) improvements in the Town, and to raise such amount $15,000 be
transferred from the Parking Permit Fund provided that none of the
funds appropriated hereunder shall be expended to expand the school
administration parking lot_
Main motion as amended declared adopted unanimously. 9:53 P.M.
Article 20. STREET ACCEPTANCE AND
Presented by Robert F. Sacco. CONSTRUCTION
MOTION: (a) To establish as a town way and accept the layout of as a
town way Center Street from Reed Street to Avon Street a distance of
370 feet, more or less, as laid out by the Selectmen and shown upon
a plan on file in the office of the Town Clerk, dated February 19,
1982, and to authorize the Selectmen to take by eminent domain, pur-
chase or otherwise acquire any fee, easement or other interest in
land necessary therefor.
(b) To establish as a town way and accept the layout of as a town
way Outlook Drive from Middleby Road a distance of 400 feet, more or
less, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated February 19, 1982, and to author-
ize the Selectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land necessary therefor;
. (Adjourned Session of the 198 Annual Town Meeting - A pril 12, 1982.)
Article 20. (b)(cont.)
(Cont.) that the sum of $44,500 be appropriated for such land acquisition,
construction, alteration and reconstruction of Outlook Drive as is
necessary, and that such amount be raised in the tax levy.
(c) That the sum of $6,500 be appropriated for survey work on
Meadow Brook Avenue and Wellington Lane Avenue, and that such amount
be raised in the tax levy.
9:55 P.M.
Mr. Sacco explained that under (a) funds requested - zero;
(b) funds requested - $44,500. (c) Meadow Brook Avenue and
Wellington Lane Avenue have been withdrawn this year.
9.57 P.M.
Les Brown, a resident at 65 Outlook Drive, spoke in favor of the
motion and showed slides of Outlook Drive at its worst.
10:01 P.M.
Nyles Nathan Barnert voiced the support of the Capital Expenditures
Committee on this article. 10:01 P.M.
unanimously
Motion as presented by Mr. Sacco declared adopted /by voice vote.
10:01 P.M.
Arthur C. Smith served notice of reconsideration of Article 19. 10 :02:P.M.
Article 21. STREET CONSTRUCTION
Presented by Robert F. Sacco. AND LANDTAKING
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:02 P.M.
Article 22. Presented by Margery M. Battin. MICROFILM PROGRAM
(As MOTION: That the sum of $14,000 be appropriated for a microfilm
adopted) program in the Inspection Department, and that such amount be
raised in the tax levy.
10:02 P.M.
In explaining the project, Mrs. Batti_n said that this is just the
start of a new program and. the total cost of the program would be
approximately $30,000. She justified the expenditure in terms of
space saving and security. 10:03 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
opposed this motion as they felt that the equipment should not be
purchased as it could not be used by all. departments and therefore
they suggested unfavorable action.. 10:06 P.M.
Mrs. Batti.n answered by saying that the reader /printer could be
used by almost every department with the exception of the
Engineering Department. 10:07 P.M.
In answer to a question raised by Laura F. Nichols, the Town Clerk
stated that although she had not seen the reader /printer, she
assumed that it could be used in regards to the microfilm records
in the office of the Town Clerk. 10:10 P.M.
A voice vote was taken on the main motion which was doubted by the
Moderator_, so a standing vote was taken as follows:
(Adjourn Session of the 1982 Annual Town Meeting - April 12, 1982.) 9
Article 22. Precinct In F avor Tellers opposed
(Con1t.)
1 3 Judith L. Zabin 13
2 13 Lynda A. Wik 6
3 8 Suanne C. Dillman 7
4 11 Peter C. J. Kelley 1
5 7 James L. Silva 11
6 7 Edith Sandy 9
7 13 Winifred L. L. Friedman 4
8 5 Suzanne S. Frank 10
9 9 John C. Eddison 4
At large 13 John R. Campbell 6
Totals 89 72
Main motion offered under Article 22 declared adopted. 10:13 P.M.
Article 23. Presented by Alfred S. Busa. TELEPHONE CONVERSION
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:14 P.M.
Article 24. ENERGY CONSERVATION COMMITTEE
(See Alfred S. Busa moved to postpone this article to Wednesday,
Pages April 14.
104 &
146) Adopted unanimously. 10:15 P.M.
Article 2'5. AIR MASKS /COMPRESSOR
Presented by Stephen Michael Politi.
MOTION: That the sum of $38,000 be appropriated for the purchase
of air masks and a compressor for the Fire Department, and that
such amount be raised in the tax levy.
10:15 P.M.
Mr. Politi said that there were three components in this article,
listing them as follows: (1) purchase of twenty -four air masks -
$19,500. (2) purchase of fifty spare tanks - $2,500. (3) purchase
of air compressor - $16,000. He added that each of the above
amounts have been reduced by the amount of the trade -in price. The
new masks weigh 23 lbs. compared to the 33 lbs. of the old ones.
There was a question of leasing or purchasing but purchasing seemed
the best way to go.
Motion offered under Article 25 declared adopted unanimously.
10:25 P.M.
William J. Dailey, Jr. served notice of reconsideration of Article 22.
10:25 P.M.
Article 26. LEXPRESS
MINI -BUS TRANSPORTATION SYSTEM
(See
Pages James F. Crain moved postponement of Article 26.
147-
149) Adopted unanimously. 10:27 P.M.
(Adjourned S ession o f the 1982 Annual. Town Meeting - April 12, 1982.)
Article 27. CMARC
Presented by Alfred S. Busa.
MOTION: That the sum of $5,000.00 be appropriated to be expended by
the Board of Health under G.L.c. 40s.5 (40C) and a contract to be
entered into with Central Middlesex Association for Retarded Citizens,
Inc. (CMARC), which contract shall provide that the funds from the
Town shall be earmarked toward a program or purpose designated by the
Board of Selectmen, and that such amount be raised in the tax levy.
Adopted unanimously. 10:29 P.M.
Article 28. LEXINGTON HOUSING AUTHORITY -
REIMBURSEMENT FOR ATTORNEY'S FEES
(See
Page Joseph 0. Rooney moved that this article be tabled.
145.)
Adopted unanimously. 10:9 P.M.
Article 2. David G. Williams, Chairman of the Conservation Commission, read the
following report of the commission:
The Town Meeting is aware that last year, due to the uncertainty
of the impact of Proposition 2 1/2, as well as our inability to
complete negotiations with serveral landowners, we did not submit
any articles for land purchase. We received much adverse comment
about this action. A number of citizens, including many Town Meeting
Members, let us know that they did not agree with our decision. We
still feel it was a correct decision.
This year, we have submitted two articles for the purchase of land.
At this time we have a negotiated agreement with the owner of the land
covered by Article 31. We are still negotiating with the owner of the
land under Article 30. I will table Article 30 until later in the
town meeting when I hope to have a negotiated agreement.
Although they are not large, both parcels are significant
acquisitions. Both have appeared on all of the commission's master
plans. You will hear specifics about each article, shortly. I can
assure you that we feel strongly that both parcels should be acquired.
It appears favorable, at this time, that we will receive state re-
imbursement through the self -help program for these purchases.
The acquisition of these two parcels will, in all probability,
exhaust the $75,000 remaining in the 2 million bond issue, authorized
in 1975. Since the passage of that bond, over 600 acres of land have
been voted by the town meeting and acquired with the help and ex-
pertise of our staff, the Selectmen, Town Manager and Town Counsel.
State reimbursement under the bond issue has totaled $850,000.
Since the commission acquired its first property at Whipple Hill
in 1963, 35 areas have been brought under conservation jurisdiction,
and protection. These total 938 acres, about .9% of the total town
acreage. The Conservation Commission also holds 26 easements or
restrictions, which protect an additional 49 acres. Many of these
were gifts and remain a source of pride for both the donor and the
recipient.
For the future..... there remain about 300 acres of land that should
be acquired which would connect previously purchased property, protect
important wetlands and areas on scenic beauty and places of natural
value. All of these are used for non - structured, passive recreation.
These parcels range in size from less than two acres to much of
the extensive wetlands of the Munroe Meadows, between Maple and Woburn
Streets, owned by the Green and White Realty Trust, and the over 100
acres presently owned by the Pine Meadow Golf Club at the end of
Cedar Street.
(Adjourned Session of the 1982 Annual Town Meeting - April 12, 1982.) _1 0
Article 2. (Conservation Commission Report - Cont.)
(Cont.)
We have discussed with the Capital Expenditures and "Appropriations
Committees and need for another bond to support these acquisitions.
We will continue to work toward these goals, as we seek solutions
to negotiate purchase of these important, remaining, natural
resources of this town.
We thank each of you for your continued support, encouragement
and help.
David G. Williams /Signed/
Chairman
Lexington Conservation Commission
April 12, 1982.
10:33 P.M.
Mr. Williams moved that the report of the Conservation Commission
be accepted and placed on file.
Adopted unanimously. 10 :34 P.M.
Article 29. CONSERVATION FUND
Presented by Paul V. Riffin.
MOTION: That the sum of $5,170.40 be appropriated to the Conserva-
tion Fund, established by vote under Article 9 of the Warrant for
the Special Town Meeting of June 8, 1964, and to raise such amount
$5,170.40 be transferred from the appropriation voted under Article
61 of the Warrant for the 1972 Annual Town Meeting.
Adopted unanimously. 10:36 P.M.
Article 30. CONSERVATION LAND PURCHASE
OFF MAPLE STREET
(See
Page David G. Williams moved to table Article 30.
170)
Adopted unanimously. 10:37 P.M.
Article 31. CONSERVATION LAND PURCHASE.
OFF GROVE STREET
Presented by John C. Eddison.
(As MOTION: That the Conservation Commission be authorized to pur-
adopted) chase 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 108C on Assessors' Property Map 83 and
described in deed recorded in Middlesex South Registry of Deeds,
Book 11751, page 461, now or formerly of Great Fields Realty Trust
that the sum of $19,500.00 be appropriated for such land acquisition,
and that to raise such amount $10,000.00 be transferred from the
appropriation voted under Article 38 of the Warrant for the 1980
Annual Town Meeting and that $9,500.00 be raised in the tax levy.
10:38 P.M.
Mr. Eddison explained that the parcel is on the north side of Route
128 and the assessment for the land is $15,400. 10:40 P.M.
Support for the motion was voiced by William J. Dailey, Jr. for the
Appropriation Committee; Margery M. Battin for the Board of Select-
men; and Nyles Nathan Barnert for the Capital Expenditures Committee.
10:43 P.M.
J 6 (Adjour Session of the 1982 Annu Town Meeting - April 12, 1982.)
Article 31. In answer to a question raised by Jacquelyn H. Ward, Mr. Eddison
(Cont.) said that there was access along Grove Street without this land.
10:44 P.M.
Ephraim Weiss stated that he felt this was a waste of taxpayers
money and that the land was overpriced. 10:44 P.M.
Voice vote on Mr. Eddison's main motion was not unanimous, so a
standing vote was taken as follows:
Preci In favor T ellers Opposed
1 12 Sheila Busa- Tassone 5
2 15 Lynda A. Wik 3
3 12 Sua.nne C. Dillman 5
4 15 Peter C. J. Kelley 0
5 17 James L. Silva 1
6 19 Edith Sandy 0
7 10 Winifred L. L. Friedman 7
8 15 Suzanne S. Frank 2
9 12 James J. Findley 3
At large 21 John R. Campbell. 0
Totals 148 26
More than the required two - thirds having voted in the affirmative,
the motion was declared adopted. 10:47 P.M.
Article 32. TRANSFER OF LAND OWNED BY THE TOWN OR
OWNERS UNKNOWN TO CONSERVATION
Presented by Angela E. Frick.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation Commis -
sion, and that the Selectmen be authorized to transfer, for conserva-
tion purposes including outdoor recreation as provided by Section 8C
of Chapter 40 of the General Laws, as amended, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of
the General Laws, or other interest in all or any part of land shown
as Lot 83 on Assessors' Property Map 30 and unnumbered lot adjacent
to Lot 14 on Assessors' Property Map 59.
10:50 P.M.
Mrs. Frick explained that one parcel is west of Route 128 with
access on Amherst. The other piece is adjacent to Arlington Great
Meadow.
Adopted unanimously. 10:51 P.M.
Article 33. ACQUISITION OF CONSERVATION
LAND BY LAND SWAP
Presented by Angela E. Frick.
(As MOTION: (a) That the Conservation Commission be authorized to pur-
adopted) chase or otherwise acquire, and the Selectmen be authorized to take by
eminent domain., upon the written request of the Conservation
Commission, and that the Selectmen be authorized to transfer, for
conservation purposes including outdoor recreation as provided by
Section 8C of Chapter 40 of the General Laws, as amended, any fee,
easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws, or other interest in all or any
part of land shown as Lots 223 and 225 on Assessors' Property Map 72.
(b) That the Selectmen be and they are hereby authorized to convey
Lot 213 on Assessors Property Map 72 to Joseph J. Murphy and
Marjorie P. Murphy in exchange for the acquisition of said Lots 223
and 225, and to petition the General Court for an act to permit such
conveyance.
10:52 P.M.
(Adjourned Se of the 1982 Annual Town Meeting - April 12, 1982.) 4 1
Article 33. Mrs. Frick explained that the Murphy's lived at 70 Ward Street.
(Cont.) 10:55 P.M.
Main motion as presented by Mrs. Prick declared adopted unanimously.
10:55 P.M.
Alfred S. Busa moved that this meeting be adjourned to Wednesday, April, 14,
1982 at 8 P.M. in Cary Memorial Hall.
Adopted unanimously. 10:55 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
Eric T. Clarke, 29 Moon Hill Road, received the next highest number of votes
as a defeated candidate for Town Meeting Member from Precinct Two at the Annual
Town Election held March 1, 1982. As of April 14, 1982 Mr. Clarke accepted the
position of Town Meeting Member from Precinct Two to fill the vacancy caused by
the resignation of William E. Bicknell, 50 Oak Street on April 12, 1982. This
term will expire in March 1983 at the next Annual Town Election.
w.
U
ADJOURNED SESSION OF THE 1 982 ANNUAL TOWN MEETING
APRIL 1 4, 1982
The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln
P. Cole, Jr. at 8:01 P.M_ and was immediately recessed subject to the call of
the chair. The meeting was reconvened at 8:11 P.M.
There were 1_79 Town Meeting Members present.
Invocation offered by Reverend Bernard M. Hoy, Curate from the Sacred Heart
Church. 8:13 P.M.
Alfred S. Busa moved that Article 24 be taken up at this time. 8:13 P.M.
Adopted unanimously.
ENERGY CONSERVATION
Article 24. Alfred S. Busa moved to table Article 24. COMMITTEE
Adopted unanimously. 8:14 P.M.
(See Pages 99 & 146.)
Article 2. Joseph O. Rooney, Chairman of the Housing Authority, reported that
although there was the unfortunate fire this evening at the site
of construction of the new elderly housing at the corner of Woburn
and Lowell. Streets, the town has no liability in the one building
which they lost. 8:15 P.M.
Sam V. Nablo asked when Article 24 would be taken up. William J. Dailey, Jr.,
Chairman of the Appropriation Committee, answered that his committee had met
tonight and tried to study the $20,000 requested under Article 24. They felt
that more time was needed to further study this request and therefore asked
that the article be tabled. 8:17 P.M.
Article 2. William J. Dailey, Jr_ moved that the report of the Cary Lecture
Committee be accepted and placed on file. 8:17 P.M.
Lionel Arlan, Chairman of the Cary Lecture, spoke of the upcoming
performance on May 1, 1982 - the Dance Collective, a Lexington
based modern dance company - and urged everyone to attend.
8:18 P.M.
Mr. Dailey's motion to accept the report of the Cary Lecture
Committee and place it on file was adopted unanimously. 8 :18 P.M.
Alfred S. Busa said that the Muzzey School Conversion Committee
would meet tomorrow night (April 15, 1982) and would have a
neighborhood meeting on Wednesday, April 21, 1982 at 8 P.M:
8:19 P.M.
Article 34. REPLACEMENT OF BACKSTOP
Presented by Carolyn C. Wilson.
MOTION: That the sum of $3,500 be appropriated for the purchase of
a backstop at the Center Playground, including site work in connect-
ion therewith, as determined by the Recreation Committee with the
approval of the Board of Selectmen, and that such amount be raised
in the tax levy.
Adopted unanimously. 8:21 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - April 14, 1982.) 1 (')
Article 35. PURCHASE AND CONSTRUCTION
OF ALL WEATHER TRACK
Presented by Carolyn C. Wilson.
(As MOTION: That the sum of $70,000 be appropriated for the purchase
adopted) and construction of an all weather track at the Center Playground
as determined by the Recreation Committee with the approval of the
Board of Selectmen, and that such amount be raised in the tax levy.
8:21 P.M.
Mrs. Wilson asked that F. David Wells, a member of the Recreation
Committee, and Ralph Lord, Coordinator of the Physical Education
for the School Department, be recognized. 8:22 P.M.
Mr. Wells and Mr. Lord (Mr. Lord spoke as a private citizen of
Lexington and not representing the School Department) both gave
the background and the necessity of the all weather track.
8:37 P.M.
There was much discussion, both for and against, with some members
going into the disadvantages of the present track and others
concerned about the expenditure at the expense of other projects
that have been voted down.
William J. Dailey, Jr. for the Appropriation Committee, James F.
Crain for the Board of Selectmen and Nyles Nathan Barner_t for the
Capital Expenditures Committee all voiced their disapproval of
the motion. 8:52 P.M.
John F. Downey, Jr. moved to amend the motion by striking the words
after Board of Selectmen and adding "and such funds should come
from the school committee budget passed at this meeting ". 8.59 P.M.
The Moderator called a recess at 8:59 P.M. and reconvened the
meeting at 9:03 P.M.
The Moderator declared that the motion to amend as offered by
Mr. Downey was beyond the scope of the article. 9:04 P.M.
In response to a question raised by J. Keith Butters, Mr. Wells
stated that his committee felt that this was an inappropriate
facility in which to charge users fees. 9:07 P.M.
After general discussion, Charles E. Connolly, Jr. moved the
previous question which was declared adopted by voice vote.
9 :17 P.M.
Main motion was declared adopted by voice vote. This decision
was doubted by more than twenty members, so a standing vote was
taken as follows:
Precinct I n Favor Tellers Opposed
1 8 Sheila Busa - Tassone 11
2 10 Lynda A. Wik 9
3 11 Suanne C. Dillman 5
4 12 Peter C. J. Kelley 4
5 12 James L. Silva 7
6 11 Edith Sandy 7
7 10 Winifred L. L. Friedman (1 Abstained)?
8 7 Suzanne S. Frank 7
9 10 John C. Eddison 6
At large 3 John R. Campbell 17
Totals 94 80
Adopted. 9:20 P.M.
(Adj Se ssion of the 1982 Annual Town Meeting - April 14, 1982.)
Article 36. STUDY MONEY FOR LINCOLN STREET
PLAY AREA AND WORTHEN ROAD
Presented by Carolyn C. Wilson.
(Not MOTION: That the sum of $5,000.00 be appropriated for test borings
adopted) and a soil study for the Lincoln Street play area and Worthen Road
soccer field as determined by the Recreation Committee with the
approval of the Board of Selectmen, and that such amount be raised
in the tax levy. 9:20 P.M.
George A. Burnell served notice of reconsideration of Article 35. 9 :21 P.M.
Article 36. At the request of Mrs. Wilson, Clifford Prentiss, Director of
(Cont.) Conservation /Recreation, was recognized and showed slides and gave
an explanation of the motion. 9:25 P.M.
Stephen Michael Politi stated that the Board of Selectmen recommended
unfavorable action on this motion. 9:26 P.M.
James E. Barry questioned the validity of the test borings and asked
if the Town Engineer or any soil engineer at the meeting could answer
his question. 9:34 P.M.
Selectman Alfred S. Busa stated that the town did not employ a soil
engineer. 9:34 P.M.
Richard W. Souza, a Town Meeting Member who is also an engineer,
stated. that he felt that the test borings would be a waste of money.
9:36 P.M.
Motion, as presented by Mrs. Wilson, was declared lost by voice vote.
9:37 P.M.
Article 2. Georgia S. Glick questioned Alfred S. Busa, Chairman of the Board of
Selectmen, regarding his statement in reference to the neighborhood
meeting with the Muzzey School Conversion Committee next Wednesday,
April 21, 1982. She felt that it was very short notice, was very
concerned because it was school vacation week and many residents
had made plans to be out of town and also wondered if the individuals
involved would be notified and if so, in what form. 9:37 P.M.
Mr. Busa answered that the time element was an important factor in
setting the date of the meeting and that the Lexington Minute -man
had been notified of the date and also that notices would be sent
out this Friday. He added that the Planning Board would also be
holding a public meeting in the near future. 9:38 P.M.
Article 37. UNEMPLOYMENT COMPENSATION FUND
Presented by Stephen Michael Politi.
MOTION: That the sum of $25,000 be appropriated for the unemploy-
ment compensation fund to be used. in conjunction with money
previously appropriated for this purpose, and that such amount be
raised in the tax levy.
Adopted unanimously. 9:43 P.M.
Article 38. TRAFFIC STUDY, LEXINGTON CENTER
Presented by Margery M. Battin.
(As MOTION: That the sum of $3,000.00 be appropriated for engineering
adopted) services for a traffic study of Lexington Center, and that such
amount be raised in the tax levy.
9:43 P.M.
(Adjourned Session of the 1982 . Annual Town Meeting - April 14, 1982.) _0
Article 38. Mrs. Battin explained that the last time an analysis of Lexington
(Cunt.) Center had been made was in 1965. The Center Revitalization
Committee has been working on a parking plan and has studied all of
the past evaluations. The plan is to hire an experienced traffic
engineer for this current study. She stated that there would be
an analysis of (1) intersection capacity; (2) Street direction
pattern; (3) Parking lot circulation; (4) Loading zones and (5)
Curb parking restrictions. 9 :48 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
had been opposed to the original amount of $15,000 that had been
submitted, to the reduced amount of $5,000 and are still opposed
to the present figure of $3,000. 9:50 P.M.
Robert I. Rotberg asked how many man hours of consultant services
the town would be buying. Mrs. Battin answered that the Director
of Department of Public Works said that it would be about fifty
hours. 9:51 P.M.
Frank Sandy said that the Planning Board unanimously supported
this article. 9:56 P.M.
Nyles Nathan Barnert voiced the unfavorable position on this
article by the Capital Expenditures Committee. 10:02 P.M.
Main motion, as offered by Mrs. Battin, declared adopted by
voice vote. 10:04 P.M.
NUCLEAR ATTACK
Article 39. Myron L. Miller moved that the following resolution be adopted:
NUCLEAR WHEREAS: The safety of residents of Lexington and the security of
ATTACK their property are of paramount concern to us in the
event of nuclear war: and
WHEREAS: Such a war, involving the enormous destructive power of
nuclear bombs and the long term effects of radiation
damage to all forms of life, could lay waste our town
and the Boston metropolitan area within minutes of such
an attack: and
WHEREAS: The civil defense plan ordered by the state and handed
down to town civil defense authorities has been called
into question by town officials and experts in the field:
now therefore
BE IT
RESOLVED: That the town direct the Civil Defense Director to hold in
abeyance further distribution of this plan: That the
town meeting instruct the Town Manager and the Civil
Defense Director to jointly appoint, with the approval of
the Board of Selectmen, a committee of seven (7) members
to be made up of citizens of the town, including indiv-
iduals knowledgeable about the effects of nuclear weapons
to investigate through research and expert testimony the
implications of nuclear attack. The charge to the
committee shall be to determine if any civil defense plan
for the town is realistic and feasible, and if not, what
can be done. The committee shall be appointed by June
30, 1982 and shall report back to the Board of Selectmen
by November 30, 1982. Furthermore, when the report is
approved, the town will assume responsibility for printing
enough copies of the report for every household in Lexing-
ton, in a sum not to exceed $300 and will accept financial
and other forms of assistance from individuals or groups
to print and to distribute the report to every household.
- 10 :07 P.M.
At the request of Myron L. Miller, Myron Rosenblum and Stephen W.
Miller, a radiologist, were recognized and spoke in support of the
resolution. Mr. Rosenblum represented the Lexington Committee for a
Nuclear Weapons Freeze. 10 :18 P.M.
Having met with the above committee, Alfred S. Busa said that the
Board of Selectmen supported the resolution and that the money
requested would come from the Civil Defense Fund. 10:19 P.M.
(Adjourned Session of the 1982 Annual Town Meeti - Apri 14, 1982.)
Article 39. At the request of Myron L. Miller, Dr. Deborah Mayer was recognized
(Cont.) and she discussed the consequences of a nuclear attack. 10:25 P.M.
Various members voiced their opinions and Richardson C. Smith gave
a lengthy talk in support of the motion. 10:40 P.M.
George E. Foote moved the previous question which was declared
adopted by voice vote. 10 :40 P.M.
Main motion to adopt the foregoing resolution was declared adopted
by voice vote. 10:40 P.M.
Alfred S. Busa moved that this meeting be adjourned to Monday, April 26,
1.982 at 8 P.M. in Cary Memorial Hall.
Adopted unanimously. 10 :41 P.M.
A true copy.
Attest:
_�� A✓U uYU1�4.9.QA
Mary R. McDonough, Town Clerk
I
ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING
APRIL 26, 1982
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the
Moderator, Lincoln P. Cole, Jr. The meeting was immediately recessed subject to
the call of the Chair and was reconvened at 8:05 P.M.
There were 186 Town Meeting Members present.
Invocation was offered by Reverend Brian S. Dixon, Pastor of the First
Baptist Church. 8:06 P.M.
Article 2. Frank Sandy moved that the 1982 Annual Report On The Housing
Policy Resolution Adopted By The 1979 Annual Town Meeting be
accepted and placed on file.
Adopted unanimously. 8:08 P.M.
Frank Sandy, Chairman of the Planning Board, gave a status report
of the 1982 zoning articles. The following articles are ready to
be acted upon immediately: Articles 57, 58, 62, 63 and 64. Article
65 motion will be for indefinite postponement at the request of the
proponent.
The articles that are not ready at this time: Muzzey Junior High
articles, Adams School articles and the Spaulding and Slye Article 69.
8:13 P.M.
i
Article.40. SCHOOL ZONE SPEED CHANGE
CROSSING GUARD BENEFITS
Presented by Elizabeth M. Barabush.
(See below
for part MOTION: 1. That the posted speed limit in school zones in Lex-
one as ington be reduced to no more than 20 miles per hour.
adopted)
(Part two 2. That School Crossing Guards be extended medical &
not retirement benefits such as covered by all other town employees.
adopted) 8:14 P.M.
Mrs. Barabush gave an explanation for her motion and stated that
she wished to have the two sections divided for voting purposes.
The Moderator stated that Section 1 and Section 2 would be divided
for voting purposes. 8:18 P.M.
The Moderator stated that Section 1 is now before the meeting.
There was much discussion regarding the installation of a flashing
speed limit sign (20 mile limit in school zone). James F. Corr,
Police Chief, said that such a sign could not be posted where there
is a crossing guard. It is not possible to have both. 8:33 P.M.
Mrs. Barabush wished to amend her motion but, after a short recess
(8:37 P.M. to 8:43 P.M.) the Moderator ruled the motion out of order.
Renee T. Cochin moved to substitute the following motion under
Article 40, part one:
(Part Resolved that this town meeting recommend to the Board of Select -
one as men that the Traffic Safety Committee study the speed zones in all
adopted) streets passing by schools and that the Board of Selectmen appoint a
committee of 5 citizens, including representation from the Crossing
110 (Adjourned Session of the 1.982 A nnual Town Meeting - April 26, 1 982.)
Article 40. Guards and PTA, to work with the Traffic Safety Committee on this
(Cont.) matter. 8:45 P.M.
Alfred S. Busa stated that the Board of Selectmen favored the
substitute motion. 8:45 P.M.
Mrs. Cochin's motion to substitute a motion was declared adopted
unanimously. 8:46 P.M.
Mrs. Cochin's substitute motion, which is now the main motion under
Part 1 of Article 40, was declared adopted unanimously. (See motion
as adopted on bottom of previous page.) 8:46 P.M.
Part 2 of Article 40 is now before the meeting. (See. Pg. 109.)
At the request of Alfred S. Busa, Chairman of the Board of Selectmen,
the Town Manager, Robert M. Hutchinson, Jr. was recognized. 8:47 P.M.
Voicing his opposition to Part 2, Mr. Hutchinson stated that it would
be fiscally irresponsible to adopt this section. The cost of the
medical insurance for these employees alone would be $16,000 and it
would not be fair to the other part time employees. 8:47 P.M.
Richard M. Perry, speaking as a member of the Board of Retirement,
wanted the record to show that the Board of Retirement is opposed to
this section of Article 40. 8:50 P.M.
Robert Cataldo stated that the Appropriation Committee unanimously
opposed this section of Article 40. 8:52 P.M.
Martin L. Hagerty moved to amend part two by striking out "medical
and retirement" and substituting the word "disability" benefits and
striking out all words after benefits. 8:53 P.M.
The Moderator ruled that Mr. Hagerty's motion to amend was declared
beyond the scope of the article by the Moderator. 8:55 P.M.
Part 2 of Article 40 was declared lost by voice vote. 8:55 P.M.
Article 2. James F. Crain reported on Article 41 - Use of Funds to Reduce Tax Rate.
"We are in the process of reviewing the dynamics of State Aid charges
and assessments as well as making appropriate adjustments voted by
Town Meeting. We will be recommending that this item be tabled to
insure that as much information as possible is available for Town
Meeting and insuring that we stay within the levy limit.
8:56 P.M.
USE OF FUNDS TO
Article 41. James F. Crain moved that this article be tabled. REDUCE TAX RATE
Adopted unanimously. 8:57 P.M.
(See Pages 175 & 176.)
Article 42. APPOINTMENTS TO CARY LECTURE SERIES
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 Suza.nna E. Cary for the current year.
Adopted unanimously. 8:57 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982.) Iff
Article 43. ACCEPT CH. 90, SEC. 20Aa
Presented by Stephen Michael Politi.
MOTION: That the Town accept Section 20A-� of Chapter 90 of the
General Laws.
8:58 P.M.
( Chapter 90. Section 20Az1 PARKING REGULATIONS; VIOLATIONS IN
CERTAIN CITIES AND TOWNS; NON - CRIMINAL DISPOSITION; NOTICE;
APPEARANCE; SCHEDULE OF FINES.)
Mr. Politi explained that this motion is being presented in order
to ratify the approval of this acceptance as voted by the Board of
Selectmen at a meeting held December 28, 1981.
Mr. Politi's main motion was declared adopted unanimously. 9:01 P.M.
Article 44. TERM OF PLANNING BOARD
Presented by Alfred S. Busa.
MOTION: That the term of office of members of the Planning Board
be reduced from five years to three years beginning with the member
elected at the annual town election of 1983.
9:02 P.M.
Mr. Busa explained that this article was inserted in the warrant by
the Board of Selectmen as the citizens wishing to have the article
inserted in the warrant missed the filing deadline. 9:05 P.M.
Jacquelyn R. Smith, Planning Board Member, stated that a majority
of the Planning Board opposed this article and urged defeat.
9:07 P.M.
In response to a question by Renee T. Cochin, Selectman James F.
Crain said that he had talked with a number of former members of
the Planning Board and therefore urged defeat of this motion.
9:12 P.M.
Eric T. Clarke, a former ten year member of the Planning Board,
spoke in opposition. 9:12 P.M.
Main motion, as presented by Mr. Busa, declared lost by voice vote.
9:15 P.M.
Article 45. AUTHORIZE SPECIAL LEGISLATION TO
ALLOW TAX LEVY TO GO TO 2�i
Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
9:15 P.M.
(Cont. on next page)
Article 2. Margery M. Battin read the following report;
Under Article 2 the Selectmen wish to report to the Town Meeting
their grave concern for Lexington's future under Proposition 2'i and
invite Town Meeting Members to join with the Selectmen in notifying
our senator and representative of our belief that the answer to
excessive reliance on the property tax is genuine tax reform with a
guaranteed local aid fund equitably distributed so as not to
penalize prudent planning and good management at the local level.
We are concerned about Proposition 2 because of the eventual
curtailment of services and diminution of the quality of life in
Lexington.
We feel it important to point out to the Town Meeting and towns-
people two very important, but often misunderstood facts about
Proposition 2'i.
1 { b
..1, 2 (Adjourned Sess of the 1982 Annual Town Meeting - April 26, 1982.)
Article 2. 1. Not only are we not currently taxing at 2;�% of our full
(Cant.) valuation but we are unable to do so because Proposition 2 restricts
the annual rate of increase in the tax levy to 2- of the previous
year's levy.
In Lexington that means although our full valuation is $1,241,952,000
and 2z% of that is $31,048,800, our '82 tax levy was $25,840,699, so
that our '83 levy limit can only be that plus A% which is
$26,486,716, which is only 2.1% of full valuation.
Therefore, Proposition 2 imposes two limits - no community can
under any circumstances levy taxes at more than 2g% of full valua-
tion, however, under that maximum the total tax levy can only grow
at a fixed rate of 2 per year, regardless of the rate of increase
in the value of property in the town (although new construction is
handled outside the levy limit).
To quote the Town Meeting Warrant Info "The effect of the present
provision in a period in which Town costs are inflating at a rate
much greater than 21 %, is to force a net decrease in the real value
of appropriations in each succeeding year ". Think how can the town
absorb a 33% health insurance increase under the 2 -°% levy limit.
2. Secondly, we must depend upon the state for survival through
local aid - whose source, size and manner of distribution are subject
to political expediency and cannot be correctly anticipated and
depended upon from year to year.
The time when Lexington can survive by using its tax stabiliza-
tion fund (free cash), deferring maintenance, trimming staff is
nearly over. Please join with us in urging tax reform.
9:19 P.M.
Article 45. (See Page 111.)
(Cant.)
Nyles Nathan Barnert asked why the Selectmen were asking for indefinite
postponement of this article. Mrs. Batti_n answered that this was to
get the facts before the meeting. 9:20 P.M.
Answering a question raised by Frank Sandy, Mrs. Battin said that
new construction is outside the levy limit. 9:23 P.M.
Robert Cataldo stated that the Appropriation Committee supported the
stand of the Selectmen and favored indefinite postponement. 9:26 P.M.
After general discussion, Jonathan P. Doran moved the previous
question which was declared carried by voice vote. 9:35 P.M.
Motion to indefinitely postpone Article 45 was declared adopted by
voice vote which was doubted by more than twenty members, so a
standing vote was taken as follows:
Precinct In F avor Tellers Opposed
1 it Sheila Busa- Tassone 8
2 10 Lynda A. Wik 9
3 5 Suanne C. Dillman 14
4 10 Peter C. J. Kelley 3
5 6 James L. Silva 14
6 6 Edith Sandy 13
7 15 Winifred L. L. Friedman 3
8 10 Suzanne S. Frank 5
9 6 John C. Eddison 12
At Large 13 Stanley E. Toye 4
Totals 92 85
Motion to indefinitely postpone Article 45 declared adopted. 9:37 P.M.
Frank Sandy served notice of reconsideration of Article 45. 9:37 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - April 26, 1982. I t
Article 2. Margery M. Battin read the following report:
Under Article 2 the Selectmen and Planning Board wish to report the
successful conclusion of our survey of resident's attitudes toward
the Central Business District.
Thanks to the civic spirit of citizens and the excellent news-
paper coverage the response rate was 30o without any follow -up
phone calls. This is almost unheard of in surveying and is a
tribute to our caring townspeople.
This project could not have been done without the pro bono time
and expertise given for questionnaire design, printing, addressing,
key punching, computerization and analysis given by the Lexington
firms of Decision Research, Inc., Thomas K. Dyer, Inc., The Lexington
Press and the Lexington League of Women Voters. We are deeply
grateful.
The results of the data analysis will be presented to town boards,
town meeting members, the Chamber of Commerce and citizens so that
community goals and priorities can then be established for the
Center.
Those of you who have expressed a desire to make your views known
may do so by filling out the yellow questionnaires in the back of
the hall and returning them at subsequent sessions of Town Meeting.
Although they will not be counted as part of our random sample
currently undergoing statistical analysis, they will receive careful
consideration.
Citizens not contacted in the initial survey and wishing to
express their viewpoint may obtain copies of the questionnaire at
the library.
9:39 P.M.
Article 46. Presented by Stephen Michael Politi. ACCEPT' CH. 59, SEC. 5,
CL. 17C
MOTION: That this article be indefinitely postponed.
9:40 P.M.
Ephraim Weiss asked why this article was being indefinitely
postponed. Mr. Politi answered that the Selectmen believe that
hardship cases under revaluation can apply under existing statutory
provisions. 9 :41 P.M.
( CHAPTER 59, SECTION 5 G.L. CERTAIN PROPERTY AND POLLS EXEMPTED.
CLAUSE 17C. REAL ESTATE.
After general discussion, Frank Sandy moved that this article be
postponed to Monday, May 3, 1982. 9:48 P.M.
Motion to postpone Article 46 to Monday, May 3, 1982 was declared
adopted by voice vote. 9:48 P.M.
(See Pages 113, 135, 156 & 157.)
Alfred S. Busa moved that Article 15 be brought before the meeting at this
time.
Adopted unanimously. 9:48 P.M.
(See Pages 94, 95, 114, 139, 141 -145)
Article 15. Alfred S. Busa stated that a meeting with the neighbors (Bedford
Street neighbors) is to be held on Tuesday, April 27, 1982 at
3:30 P.M. and would hope to bring up Article 15 next Monday.
9 :52 P.M.
Arthur C. Smith moved to postpone action on Article 15 until
Monday, May 3, 1982. 9 :54 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - April 26 19
1 , ;�� ] 82.)
Article 15. Concern was raised about the date of postponement and the time
(Cont.) factor in getting a report before the Town Meeting Members in time
so that it could be studied by them prior to Town Meeting.
Alfred S. Busa moved to amend Mr. Smith's motion to postpone by
changing the date of postponement from May 3, 1982 to May 5, 1982.
Motion to amend Mr. Smith's motion was declared adopted unanimously.
10 :05 P.M.
Mr. Smith's motion, as amended by Mr. Busa, that Article 15 be
postponed to Wednesday, May 5, 1982 was declared adopted. 10:03 P.M.
(See Pages 94, 95, 113, 139, 141 -145)
Article 47. AMERICAN LEGION- ACCEPT
GIFT OF TRUST FUND
Presented by Alfred S. Busa.
MOTION: That the Town accept a gift of money from the Stanley Hill
Post, No. 38, Inc. of the American Legion to be held in trust under
the jurisdiction of the Trustees of Public. Trusts, with the income
to be used for the Town's celebration of Patriot's Day, Memorial
Day and Veterans' Day. 10:04 P.M.
Mr. Busa explained that the gift is in the amount of $2,000.
Main motion adopted unanimously. 10:05 P.M.
Robert I. Rotherg questioned the Selectmen regarding the recess between dates
of town meeting as had been referred to earlier in the evening. Mr. Busa answered
that the Selectmen intend to have a long recess at the end of May before bringing
up the articles on the Muzzey Junior High and Adams School and the article on
free cash. 10:05 P.M.
Mr. Rotberg asked when the meeting would convene and was told by Mr. Busa
that they hoped to reconvene at the end of May or the first of June. 10:07 P.M.
Although there was some confusion regarding the dates, there was no more
discussion on this subject.
Arthur C. Smith moved reconsideration of Article 4, Line Item 7810.
(See Pages Adopted unanimously. 10 :10 P.M.
88 & 89.)
Article 4. (See Pages 88 and 89.) Line Item 7810.
Arthur C. Smith moved that Article 4, Line 7810 be amended by adding
the fol=lowing: The Town Meeting requests that the Board of Select-
men, in cooperation with the Retirement Board, report to the 1983
Annual Town Meeting the long range plan for funding pension liability,
and in particular, present estimated appropriations for the next
five years. 10:10 P.M.
Selectman James F. Crain stated that the Board of Selectmen is not
opposed to this amendment.
Mr. Smith's motion to amend was declared adopted unanimously.
10:12 P.M.
(See next page)
(Adjourned Session of the 1982 Annual Town Meeting - Aprj_ 26, 1.982.) 115
Article 4. Motion under Article 4 - Line Item, as amended, now reads:
(Cont.)
Board of Retirement
#7810 Pension Funding $ 300,000
(AS The Town Meeting requests that the Board of
adopted) Selectmen, in cooperation with the Retirement
Board, report to the 1983 Annual Town Meeting
the long range plan for funding pension liability,
and in particular, present estimated appropria-
tions for the next five years.
Adopted unanimously.. 10:12 P.M.
Article 48. BY -LAWS REVISIONS
Presented by Stephen Michael Politi.
(See MOTION: That the General By -Laws of the Town be amended in
Pages accordance with the report and recommendations of the By -I.aw
116- Committee as filed with the Town Clerk, except that Section 2 of
133. Article XIX and Section 25 of Article XXV shall not be amended.
10:13 P.M.
Adopted
motion - Mr. Politi said that there were two recommendations of the By -Law
Pages Committee that have not been approved by the Board of Selectmen.
128- One is the Use of the Battle Green and the other is the Civil
133.) Defense article. The feeling of the board is that both sections
should remain as they now stand. In the case of an emergency, the
Town Manager would appoint himself as Civil Defense Director and
therefore would be approving actions performed by himself. It
was felt that approval should be by the Board of Selectmen.
10:20 P.M.
At Mr. Politi's request, Paul Newman, Chairman of the By -Law
Committee, was recognized. Mr. Newman stated that the report was
given unanimous approval of the By -Law Committee and he started to
comment on each section of the report. 10:22 P.M.
Arthur C. Smith asked if the motion was subject to division in order
that each section could be discussed separately and the Moderator
answered in the affirmative. 10:24 P.M.
Due to the complexity of the article and the lateness of the hour,
J. Keith Butters moved that the meeting be adjourned to Wednesday,
April 28, 1982 at 8 P.M. in Cary Memorial Hall. 10:29 P.M.
Motion to adjourn to Wednesday, April 28, 1982 at 8 P.M. in Cary Memorial
Hall was declared adopted by voice vote. 10:29 P.M.
A true copy.
Attest:
"Iyu � CA
Mary R. McDonough, Town Clerk
' ADJO URNE D SES SION OF THE 1982 ANNUAL TOWN MEETING
APRIL 28, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M.
in Cary Memorial Hall and immediately recessed subject to the call of the Chair.
The meeting was reconvened at 8 :07 P.M.
There were 180 Town Meeting Members present.
Invocation offered by Reverend Polly Laughland Guild of the Follen Community
Unitarian/Universalist Church. 8:08 P.M.
The Moderator stated that the meeting is open on Article 48 (See Page 115)_
Article 48. (See Page 115 - April 26, 1982 Session) BY -LAWS REVISIONS
(Motion as presented at the April 26, 1982 Session of this meeting:
(See MOTION: That the General By -Laws of the Town be amended in accordance
Pages with the report and recommendations of the By -Law Committee as filed
128 - with the Town Clerk, except that Section 2 of Article XIX and Section
133 for 25 of Article XXV shall not be amended.)
motion as
adopted) Paul Newman, Chairman of the By -Law Committee, thanked Susan Adler,
Assistant to the Town Manager, the Town Manager's staff and the
department heads for all the assistance that had been given to the
committee. Mr. Newman stated that he would now go through the
recommendations one by one and bring out the highlights. 8:12 P.M_
Ephraim Weiss asked for clarification of the procedure to be
followed in acting on the motion (Main Motion). Norman P. Cohen,
Town Counsel, acting as Moderator Pro -tem for the moment, explained
that if there were any questions or any amendments to any of the
changes, they could be brought up as the meeting proceeded on each
section. In response to Mary E. Shunney's statement that it had
been her understanding that each change would be voted on as a
separate item, Mr. Cohen explained that this article would be
handled the same way as Article 4. Discussion or amendments would
be on each section but would be voted on at the end as one motion.
8:14 P.M.
Moderator Lincoln P. Cole, Jr. ruled that if anyone wished, they
could ask for a certain part to be divided for voting purposes.
8:15 P.M.
Paul Newman read the following: (Charge by the Board of Selectmen)
BY -L AW COMMI CHARGE
The Committee shall review Town By -Laws to insure compatibility
with present practice, State statutes and the Selectmen /Town Manager
Act.
Further, the Committee shall recommend appropriate changes and /or
abolition of said By -Laws to be considered by the Selectmen and Town
Meeting. Said report shall be submitted no later than November 2,
1981.
The Committee shall consist of five members.
8:17 P.M.
Mr. Newman then proceeded to go over each change as shown in the
report of the committee and discussion followed.
(Adopted Frank I. Michelman moved that in Article VI, Sec. 5, the word "or"
amendment be stricken and the word "and" substituted therefor.
to Art. VI, Amendment adopted by voice vote. 8:25 P.M.
Sec. 5)
(Adjourned Sessio of the 1982 Annual 'Town Meeting - April 28, 1982. ._,._
Article 48.
(Cont.)
Ephraim Weiss moved that under Article VI, Section 6: Change
last period to comma, and add: "for a minimum of 35 hours per week,
except for holidays." 8:27 P.M.
There was much discussion on this amendment. Town Manager, Robert M.
Hutchinson, Jr. told the meeting that he had no intention of changing
the hours that the Town Office Building would be open. Discretion
would be used whether it would be a day before a holiday, snowstorms
etc. before the building would be closed. 8:28 P.M.
Selectman James F. Crain hoped that we wouldn't try to run the town with
restrictions in the by -law. Former Selectman, Mary W. Miley agreed
with Mr. Crain and felt that the 'Town Manager should be allowed the
discretion to open or close the building. 8:36 P.M.
Concern was raised that the building might be open only two hours a
day but Town Counsel, Norman P. Cohen stated that as an employee of a
private concern that gave many more fringe benefits than he knew the
Town Manager would give, he felt the town meeting should have no
concern that the building would be open for only two hours each day.
8:36 P.M.
Joseph 0. Rooney moved the previous question which was declared adopted
by voice vote. 8:37 P.M.
Motion to amend Article VI, Sec. .6, as offered by Mr. Weiss, declared
lost by voice vote. 8:37 P.M.
Ephraim Weiss moved to add to Article XII, Sec. l:
(Adopted In choosing a committee at town meeting, no person shall nominate more
amendment than one member of such committee. 9:03 P.M.
to Art.
i
XII, Frank I. Michelman moved to substitute a motion (which was not presented
Sec. 1) in writing) but, after a five minute recess called by the Moderator, as
there were no objections from the floor he withdrew said motion.
_ 9:12 P.M.
Stephen Michael Politi voiced the support of the Board of Selectmen
on Mr. Weiss's motion to amend. 9:12 P.M.
Paul Newman stated that the By -Law Committee supported Mr. Weiss's
amendment. 9:12 P.M.
Motion to amend Article XII, Section 1, as offered by Mr. Weiss,
was declared adopted unanimously. 9:13 P.M.
Ephraim Weiss moved to add the following at the end of Article XVI,
Sec. 1:
"If the vacancy shall have remained open for more than 60 days after
notification of the Town Manager, the remaining members of the committee
may fill the vacancy by majority vote." 9:17 P.M.
The Moderator ruled that Mr. Weiss's motion to amend is out of order.
9:20 P.M.
Ephraim Weiss moved that Art. XVI, Sec. 1 be amended by adding at the end:
"The Town Manager shall make an appointment to this Committee within
60 days of a vacancy on the Committee." 9:26 P.M.
Stephen Michael Politi voiced the opposition of the Board of Select-
men to Mr. Weiss's amendment and went on to say that the Board was
very proud of the way the Town Manager made the committee appointments
and that there were no problems. 9:30 P.M.
Paul Newman stated that the By -Law Committee opposed this amendment.
9:31 P.M.
Adjourned Session of the 19 82 Annual Town Meeting April 2 1982
Article 48. With the unanimous consent of the meeting, Ephraim Weiss withdrew
(Cont.) his motion to amend. 9:32 P.M.
Marthur H. Kalil read the following report:
Re Article XIX -Sec. 2
As Clerk of the By -Laws Committee, I rise to set the record straight
by pointing out that the two suppositions used as the bases for
opposition to this proposed change are in direct opposition to what
actually is. The arguments, therefore, are without foundation. I
shall explain.
One of the contentions was that the By -Laws Committee was ignorant of
the Town Manager's intent to name himself as Civil Defense Director
in case of a crisis. This is wrong! Let's just take a brief look at
this committee.
If you add up the number of years of their formal schooling, you get
a total of over 96....nearly a century. All this book- lea.rnin'
resulted in three lawyers, a PhD and me (to represent the common
man!). And, there are enough honorary society keys in the bunch to
open. a can of sardines at a picnic if need arise. What I am saying
is that this is not a group easily bamboozled through ignorance.
Further, the number of years of combined civic and political involve-
ment nearly equals that of the more formal schooling. This is not a
group easily bamboozled through naivete! The truth is that the By-
Laws Committee was not bamboozled by anything or anyone. It was
fully cognizant of the Town Manager's intent as put forth in our
meeting with him on September 31, 1981. What the fact really is is
that the Town Manager's intent was viewed as a wise one. In a state
of crisis, how much more effective to have the administrative ability
in the hands and mind of one man who is trained to administer rather
than be subject to the differences of many minds trained to deliberate
and debate?
As to the second allegation... that the By -Laws Committee did away
with the cherished American tradition of "checks and balances." This
is nonsensical! Another brief look at the committee shows that this
is not a group comprised of any one political type. Its members
cover the spectrum from conservative through moderate to liberal. It
is not a group which could condone any diminution of a system of
checks and balances. Rather, by its very composition, it is a group
which was able to go beyond a rather elementary perception of this
basic process and realize that the proposed change strengthens demo-
cratic control. Let's look at specifics.
Under the status quo, the Board of Selectmen have both the primary
and the anti - ultimate powers. Should they abuse said power,,, the only
recourse is the voter. (A process that would take four years to
complete.) Yes, there is a system of checks and balances there, but
it is slow and dangerously subject to the vagaries of time. Under
the suggested change,:the actual practice of control is strengthened.
Think about this. According to the Selectmen -Town Manager Act
Section 9 the Town Manager's actions are under constant review by
the Board of Selectmen and Section 7 says that the Selectmen can re-
move the Town Manager within as short a. period as 30 days. So, you
see, under the proposed change, the real power is not concentrated
but rather dispersed. The Director of Civil Defense would have the
primary administrative abilities, but should he abuse such, he could
be democratically reviewed and quickly removed. The Board of Select-
men would still retain the anti - ultimate power and needless to say,
the voters, the ultimate.
I am sure that the acuity and intent of the By -Laws Committee was
not purposefully misrepresented. It is very understandable that the
subtlety and refined political reasoning of this change could be
missed by some. However, I am also sure that now that the reality
has been set before you, the Town Meeting, you will see it clearly
and pass the proposal.
9:38 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982 4,9
Article 48. In response to a question raised by James M. McLaughlin, Margery M.
(Cont.) Battin explained that in the event the Town Manager appointed him-
self as Civil Defense Director during a crisis, that the Board of
Selectmen would appoint the Acting Town Manager. 9:40 P.M.
Mrs. Battin explained that she and James F. Crain (both members of
the Board of Selectmen) supported the recommendation of the By -Law
Committee on Article XIX, Section 2. 9:41 P.M.
(Adopted Anthony L. Mancini moved that the words "Section 2 of Article XIX
amendment and" be stricken from the motion. 9:42 P.M.
to main
motion .) Stephen Michael Politi stated that a majority of the Board of
Selectmen opposed this amendment. 9:47 P.M.
After general discussion, Mr. Mancini's motion to amend the main
motion was declared adopted by voice vote. 9:58 P.M.
Frank Sandy moved to amend the motion to include:
Amending Article V section 17 of General By -Laws by replacing the
words "section 15" by the words "section 15 or section 19 ".
10:01 P.M.
The Moderator ruled that this motion was not within the scope of
the article and was therefore ruled out of order. 10:03 P.M.
Ephraim Weiss moved to amend by adding to Article XII, Section l:
"The Town Manager shall make appointments to fill vacancies on
committees within 90 days of the existence of such vacancies."
10:05 P.M.
Mr. Weiss emphasized that he had no fault to find with the present
Town Manager. 10:06 P.M.
James E. Barry served notice of reconsideration of the motion to amend as
offered by Anthony L. Mancini (adopted 9:58 P.M.). 10:03 P.M.
Article 48. Mr. Weiss's motion to amend Article XII, Section 1 was declared
(Cont.) lost by voice vote. 10:08 P.M.
Concern was raised by Frank 1. Michelman that the recommended change
in Article XXV, Section 25 wouldn't be taken up until next Monday,
when he wouldn't be able to attend, and, he very much wanted to
join in the discussion on this section. 10:15 P.M.
With the approval of Stephen Michael Politi, the presenter of the
main motion, and at the request of Mr. Michelman, Paul Newman
skipped over the other sections and proceeded to discuss the
recommendation for Article XXV, Section 25. 10:25 P.M.
Mr. Michelman gave a lengthy talk supporting the recommendation of
the By -Law Committee. 10:32 P.M.
After general discussion, Sheila Clemon -Karp, a member of the By-
(Adopted Law Committee, moved that the words "Section 25 of Article XXV shall
amendment not be amended" be replaced by the words "Section 25 of Article XXV
to main be amended as set forth in the amendment to the report of the By -Laws
motion.) Committee dated 4/26/82." 10:40 P.M.
...
-2 0 (Adjourned Session of the 1982 A nnual Town Meeting - April 28, 198
Article 48. (Amendment to the Report of the By -Laws Committee.
(Cont.)
To amend Section 25 of Article XXV of the General By -Laws of the
Town of Lexington by striking it in its entirety and substituting
therefor the following:
(Amendment No person shall behave or conduct himself on the Battle Green
to Report otherwise than in a quiet and orderly manner in keeping with a
of the respectful regard and reverence for the memory of the patriotic
By -Law service and sacrifice there so nobly rendered. No person shall
Committee) engage or take part in any game, sport, picnic or performance on
the Battle Green unless: (a) written permission has been given by
the Selectmen, or (b) such activity would not interfere with the
safe, convenient and appropriate use thereof, nor disturb the
safety of persons or property. No person shall climb upon, deface,
mutilate, or otherwise injurer any tree, shrubbery, monument, boulder,
fence, seat, or structure on the Battle Green. The Selectmen shall
promulgate regulations that define both the standards and procedures
by which they will grant or deny permits under subsection (a),
and the activities allowable without permit under subsection (b).)
There was general discussion including a seven minute opposition
dissertation by Louis A. Zehner who went back to the historical
happenings on the Battle Green to support his stand. 10:58 P.M.
Stephen Michael Politi stated that a majority of the Board of
Selectmen opposed the change in this section and added that the
Town Manager, Chief of Police and Director of Public Works also
opposed the change. 11:02 P.M.
Margery M. Battin spoke as the minority member of the Board of
Selectmen supporting the By -Law Committee on this section change.
11:07 P.M.
Because of the importance of this by -law change, Richard A.
Michelson requested that the vote be taken by a roll call vote.
i
The Moderator asked that those members in favor of a roll call vote
stand to be counted, results as follows:
Precinct Tel In Favor
1 Sheila Busa - Tassone 11
2 Lynda A. wik 9
3 Suanne C. Dillman 7
4 Peter C. J. Kelley 3
5 James L. Silva 4
6 Edith Sandy 0
7 Winifred L. L. Friedman 4
8 Suzanne S. Frank 8
9 John C. Eddison 2
At Large John R. Campbell 6
54
More than the required fifty members having voted in favor, the
Moderator ruled that the vote on Sheila Clemon- Karp's amendment
would be taken by a call of the roll. 11:09 P.M.
The roll call vote on Sheila Clemon - Karp's amendment to the main
motion, as offered by Stephen Michael Politi, was taken by the Town
Clerk, Mary R. McDonough, starting at 11:10 P.M. and completed at
11:20 P.M. The final tally was completed at 11_:23 P.M. with the
following results:
(Final result announced by the Moderator at 11:24 P.M.)
(Adjourned Session of the 1982 Annual 'Town Election - April 28, 1982.) ."_
Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON -KARP
(Cont.) AMENDMENT
PRECINCT ONE YES NO ABSTAINED ABSENT
Joel A. Adler x
Nancy M. Adler x
John T. Avery x
James E. Barry x
Nancy L. Barter x
Robert E. Breslin x
Sheila Busa- Tassone x
James Cataldo x
Ralph A. Cataldo x
Sheila Clemon -Karp x
Mark Doran x
David F. Eagle x
Patricia K. Hagedorn x
Cornelia C. Johnson x
Ronald Levy x
William E. Maloney, Jr. x
Barry E. Sampson x
Marie T. Walton x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 7 8 0 6
PRECINCT TWO
Julian J. Bussgang x
Elizabeth H. Clarke x
Eric T. Clarke x
John Thomas Cunha x
Karen A. Docks x
George E. Foote x
Lillian T. MacArthur x
Barry H. Marshall x
Frank I. Michelman x
Michael J. O'Sullivan x
Elizabeth II. Pressman x
Arthur C. Smith x
Elaine M. Sullivan x
Patricia A. Swanson x
Judith J. Totman x
Christina J. Welch x
William S. Widnall x
Lynda A. Wik x
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x
TOTALS 13 7 0 1
PRECINCT THREE
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
- John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Elizabeth M. Flynn x
Jean Gaudet x
Erna S. Greene x
Gloria V. Holland x
Donna M. Hooper x
Marjorie K. Madoff x
John J. McWeeney x
James P. Reilly x
Marian C. Reilly x
LI I (Adjourned Session of the 1982 Annual Town Meeting - Apr 28, 1982 ) 4.
Article 48. ROLL CALL VOTE ON AMENDME TO MAIN MOTIO (SHEILA CLEM -KARP
(Cont.) AME NDMENT) (CONT.)
PRECINCT THREE (CONT.) YES NO ABSTA A BSENT
William A. Ridqley x
Pau]. V. Riffin x
Marie E. Roberts x
Robert I. Rotberg x
Jacquelyn R. Smith x
Richard W. Souza x
TOTALS 15 4 0 2
PRECINCT FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
William J. Dailey, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Martin A. Gilman x
Georgia S. Glick x
Joyce Hals x
Peter C. J. Kelley x
Daniel L. McCabe x
Richard F. Perry x
Margaret F. Rawls x
Joseph 0. Rooney x
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
George P. Wadsworth x
Martin K. White x
Germania B. Whiting x
TOTALS 13 6 0 2
PRECINCT FIVE
Florence A. Baturin x
Steven A. Clark x
Howard Cravis x
Wallace Cupp x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William M. Fraser x
Joseph F. Gilbert, Jr. x
Paul E. Hamburger x
John Orin Hayward x
Leona W. Martin x
George F. McCormack x
Stephen W. Miller x
Madeline A. Shaughnessy x
James L. Silva x
Edgar R. Stuhr x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
Mary Kathryn Wolf x
TOTALS 11 9 0 1
6
(Adjourned Session of the 1982 Annual Town Meeting - April 28, 1982.) �_�.�
Article 48. ROLL CALL VOTE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON -KARP
(Cont.) AMENDMENT) (CONT.)
PRECINCT SIX YES NO ABSTAINED ABSENT
Earl F. Baldwin, Jr. x
Susan S. Beck x
Margaret N. Brooke x
Levi G. Burnell x
J. Keith Butters x
John F. Downey, Jr. x
Thomas E. Fortmann x
Harry A. Hall, III x
Judith B. Marshall x
Paul W. Marshall x
James L. McDevitt x
Ruth Joyce Nablo x
Sam V. Nablo x
Setha G. Olson x
William R. Page x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
Donald B. White x
John S. Willson x
TOTALS 16 4 0 1
PRECINCT SEVEN
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Renee T. Cochin x
Manfred P. Friedman x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Martin L. Hagerty x
Mary W. Miley x
Myron L. Miller x
Alice M. Pierce x
David Reiner x
William J. Scouler x
John E. Taylor x
Roger G. Trudeau x
Jacquelyn H. Ward x
John E. Ward x
Graydon M. Wheaton x
Iris G. Wheaton x
Martha C. Wood x
TOTALS 14 4 0 3
PRECINCT EIGHT
Richard H. Battin x
G. Richard Beamon x
Robert E. Bond x
Charles E. Connolly x
Charles E. Connolly, Jr. x
William P. Fitzgerald x
Suzanne S. Frank x
Ione D. Garing x
Walter N. Leutz x
Anthony L. Mancini x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
12 4 (Ad journed Session of the 198 Annual Town Meeting - April 28, 1982.)
Article 48. ROLL CALL VO TE ON AMENDMENT TO MAIN MOTION (SHEILA CLEMON - KARP
(Cont.) AME NDMENT) (C ONT.)
PRECINCT EIGHT (CONT.) YES NO ABSTAI ABSENT
Jack Sarmanian x
Anne R. Scigliano x
Mary E. Shunney x
Richardson C. Smith x
Carolyn H. Tiffany x
Stanley E. Toye x
TOTALS 8 8 0 5
PRECINCT NINE
Alice J. Adler x
Kenneth O. Alves x
Gordon E. Barnes, Jr. x
Jane P. Buckley x
Joan N. L. Collins x
Louise G. R. Colwell x
Ronald W. Colwell x
Louis E. Conrad x
Anna P. Currin x
John C. Eddison x
James J. Findley x
Deborah B. Green x
William P. Kennedy x
Iris E. Larssen x
Paul E. Mazerall x
Richard M. Perry x
Daniel E. Power x
Susan J. Ricci x
Fred D. Rosenberg x
James J. Scanlon x
Donald J. Shaw x
TOTALS 12 8 0 1
TOWN MEETING MEMBERS AT LARGE
Margery M. Battin x
James C. Beck x
Alfred S. Busa x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
James F. Crain x
Stephen W. Doran x
Mary R. McDonough x
Stephen Michael Politi x
Robert F. Sacco x
Louis A. Zehner x
TOTALS 2 4 2 3
TOTAL TALLY OF ROLL CALL VOTE O N AMENDMENT TO MAIN MOTION
(See Page PRECINCT YES NO ABSTAINED ABSENT TOTALS
119 for 1 7 8 0 6 21
amendment 2 13 7 0 1 21
as 3 15 4 0 2 21
adopted) 4 13 6 0 2 21
5 11 9 0 1 21
6 16 4 0 1 21
7 14 4 0 3 21
8 8 8 0 5 21
9 12 8 0 1 21.
At Large 2 4 2 3 11
TOTALS 111 62 2 25 200
Moderator declared the amendment to the main motion as offered by
Sheila Clemon -Karp to be adopted_ 11:24 P.M.
(Ad journed Session of the 1982 Annual Town Meeting - April 28, 1982.) 1 26�t5
Article 48. The remainder of Article 48 is still open.
(Cont.)
Alfred S. Busa moved that this meeting be adjourned to Monday, May 3, 1982
at 8 P.M. in Cary Memorial Hall. 11:25 P.M.
Patricia K. Hagedorn served notice of reconsideration of the roll call
vote on Sheila Clemon- Karp's amendment to the main motion.
11:25 P.M.
Mr. Busa's motion to adjourn to Monday, May 3, 1982 at 8 P.M. in Cary
Memorial Hall was declared adopted by voice vote.
11:25 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
426
ADJOURNED SESSION OF THE 1 982 ANNUA TOWN MEETI
MAY 3, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr, at
8 P.M. in Cary Memorial Hall and was immediately recessed subject to the call
of the Chair. The meeting was reconvened at 8:07 P.M.
There were 176 Town Meeting Members present.
Invocation offered by the Reverend Peter H. Meek of the Hancock United Church
of Christ. 8:09 P.M.
Article 2. Alfred S. Busa informed the meeting that a report, in three parts,
on Article 15 was on the back table and invited the members to
take a set and study it before the Wednesday meeting. If anyone
has any questions, they should be raised before the meeting to
either the Town Manager or the Director of Public Works.
8:10 P.M.
Margery M. Battin voiced her concern that Article 49 (the Garrity
House article) be acted upon tonight in order that the petition to
the General Court may be presented before the legislature completes
the 1982 session. She added, if the by -law changes (Article 48)
are still being discussed at 9:45 P.M., she would then ask that
Article 48 be tabled and take up Article 49 at that time.
8:10 P.M.
The Moderator stated that the meeting is now open on Article 48. 8:10 P.M.
R
BY -LAWS REVISIONS
Article 48. Louis A. Zehner proposed that the Lexington Board of Selectmen be
(Cont.) requested to write to the President of the United States and to
point out that for 167 years Canada and America have been at peace
and have shared a common 3,000 mile undefended border where use of
(See pages force has been ruled out by both parties as a means of settling
115 thru differences and where arbitration and conciliation and restraint
125.) have set an unparalleled example for the world to follow.
After enlarging on his subject, Mr. Zehner moved:
(See That the town meeting request the Board of Selectmen to explore
Pages the possibility of President Reagan attending Lexington's 1983
128 - Patriots Day celebration and that President Reagan be asked to
133 for invite the Premier of Canada as his guest to meet on Lexington's
final historic Common, thereto commemorating the 167 years of peace
motion as along the joint 3,000 mile undefended border; that concurrently
adopted.) the Selectmen ask the Town Manager and his staff to prepare a
tentative but realistic budget of costs that would be in excess
of budgetted 1983 Patriots Day expenses; that contingent upon
acceptance of the invitation by President Reagan and approval of
the budget by the Selectmen that the town seek to raise the sum
budqetted as special gifts from corporations or institutions.
8 :21 P.M.
Mr. Zehner's motion was declared adopted unanimously. 8:22 P.M.
Paul Newman, Chairman of the By -Law Committee, proceeded to
explain the changes recommended by the committee starting with the
change under Article XIX, Section 3. 8:23 P.M.
Mr. Newman stated that all changes in Article XXI had been. discussed
with and approved by Norman P. Cohen, Town Counsel. 8:25 P.M.
(Adjourned Session of the 1982 Annu Town Meeting - May 3, 1982 12 7
Article 48. After the explanation of the recommended changes in Article XXV,
(Cant.) Section 12, Julian Bussgang moved:
That the motion under Article 48 relating to Article XXV,
Section 11 of the Town By -Law be amended as follows: strike
"all commercial and industrial districts" and replace therefor.
"all CN, CG and CB districts ". 8 :33 P.M.
After general discussion, Mr. Bussgang's motion to amend was
declared lost by voice vote. 8:41 P.M.
Julian Bussgang served notice of reconsideration of his motion to amend
Article 48 relating to Article XXV, Section 11. 8:47 P.M.
Article 48. There was general discussion regarding the change in Section 14
(Cant.) of Article XXV. Patricia K. Hagedorn moved to amend the proposed
recommendation (not in writing) but, with the approval of the
meeting, withdrew said amendment. 9:01 P.M.
(Adopted Margaret Rawls moved that Article XXV, Section 13 (new #) be
amendment amended to delete the words "or in any way affect the safety of the
to Art. surface of", and to add after the final word "in such a way as to
XXV, affect the public safety." 9:01 P.M.
Sec. 13.)
Mrs. Rawls motion to amend declared carried by voice vote..
9:01 P.M.
Paul Newman proceeded with his explanation of the proposed changes.
After his explanation of Article XXVII, Section 2 Clarice B.
Gordon moved:
That Section XXVII, Section 2 be amended by deleting the period
at the end and substitute a comma and add -
except that no person under eighteen years of age or any student
of a Lexington public or private elementary or secondary school
shall be required to register or pay any charge. 9 :08 P.M.
After general discussion, Mrs. Gordon's motion to amend was
declared lost by voice vote. 9 :12 P.M.
Paul Hamburger moved to amend (not in writing) but immediately
withdrew his motion. 9:17 P.M.
(Adopted Ephraim Weiss moved that Article XXI, Sec. 2 be amended by adding,
amendment after the word "requested ", the words: "by the Town Meeting or ".
to Art. 9:20 P.M.
XXI,
Sec. 2) Mr. Weiss explained that there were no problems with the current
Town Counsel, who was very cooperative, but that there had been
problems in the past and very well could be in the future.
_ 9:22 P.M.
Paul Newman expressed the opposition of the By -Law Committee to
Mr. Weiss's amendment. 9:23 P.M.
Voice vote on Mr. Weiss's motion to amend was doubted by the
Moderator, so a standing vote was taken as follows:
12 8 (A djourned Session of the 1982 Annua Town Me etin g - May 3, 1982.)
Article 48. (Standing vote on Mr. Weiss's motion to amend: (Cont.)
(Cont.)
Pr ecinct In Favor Tellers Oppose
1 6 Sheila Busa - Tassone 7
2 4 Lynda A. wik 9
3 7 Suanne C. Dillman 7
4 8 Peter C. J. Kelley 0
5 10 James L. Silva 6
6 10 Edith Sandy 4
7 14 Winifred L. L_ Friedman 1
8 14 Suzanne S. Frank 3
9 14 John C. Eddison 4
At Large 5 John R. Campbell 11
Totals 92 52
Mr. Weiss's motion to amend Article XXI, Section 2 was adopted.
9:27 P.M.
Paul Newman completed his explanation of all changes and stated that
the By -Law Committee had one general recommendation that the new
by -laws be reprinted in its entirety and that the new book be in
loose-leaf form in order that changes could be inserted as they
are approved_ 9:28 P.M.
Richard A. Michel-son moved that Article XXV, Section 13 be amended
by deleting the word "pump" (Line 4). 9:29 P.M.
After general discussion, Mr. Michelson's motion to amend was
declared lost by voice vote. 9:34 P.M.
(Final Main motion as presented by Stephen Michael Politi (See Page 115 -
vote on April 26, 1982 Session) as amended was declared adopted by voice
main vote. The Moderator added that notice of reconsideration had been
motion as served seasonably on certain sections and that they would stand on
amended.) their own if motion for reconsideration was moved. 9:36 P.M.
(Main motion, presented by Stephen Michael Poli.ti (See Page 115 -
April 26, 1982 Session), and as amended, now reads:
(Main MOTION: That the General By -Laws of the Town be amended in accordance
motion, with the report and recommendations of the By -Law Committee as filed
as amended, with the Town Clerk, except. that Section 25 of Article XXV be
and amended as set forth in the amendment to the report of the By -Laws
reports Committee dated 4/26/82.
as filed -
as (REPORT OF THE BY -LAWS COMMTTTEE TO THE TOWN MEETING AND
adopted) BOARD OF SELECTMEN (As filed with the Town Clerk and as
amended at Town Meeting)
Submitted April 21, 1982
(Approved By -Laws Committee Members
by Atty. Paul Newman, Chairman Stephen T. Russian
General, Marthur Kalil Anthony L. Mancini
Oct. 11, Sheila Clemon - Karp
1982.
Published The By -Laws Committee, having been appointed by the Board of
in Lex. Selectmen pursuant to Article 4 as adopted at the Annual Town Meeting
Minute -man held March 16, 1981, was asked to review the Town's General By -Laws
November and make recommendations for their revision. Our charge was to
18 & 25, suggest changes that would bring the By -Laws into conformity with
1982.) both law and practice, and that would otherwise improve the By-Laws-
For seven months the Committee undertook this task, aided greatly by
the comments of numerous residents and officials of.the Town. Our
review has resulted in our unanimous recommendation that the following
amendments be made to the Town's General By -Laws.
�.
(Adjourned Session of the 1982 . Annual Town Meeting - May 3, 19II2.) _k.,,„•
Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting -)
(Cont.) (Cont.)
Article I - General Provisions
(Main
motion, To amend Section 1 of Article I of the General By -Laws of the
as Town of Lexington by striking out the words "Building, Plumbing
amended, and Signs."
and
reports Article III - The Calling and Notice of Town Meetings
as
-, filed - To amend Section 2 of Article III of the General By -Laws of
as the Town of Lexington by striking said Section 2 and substituting
adopted therefor the following:
(Cont.)
"The warrant for a town meeting shall be served by posting a
printed copy thereof in the Town Office Building and also by
sending by mail, postage prepaid, not less than seven days, or in
the case of a special town meeting not less than fourteen days,
before the time stated in the warrant for holding such meeting,
a printed copy of such warrant addressed to each dwelling house
and to each dwelling unit in multiple dwelling houses, apartment
buildings or other buildings in the Town."
To amend Section 5 of Article III of the General By -Laws of the
Town of Lexington by striking the first sentence of said Section 5
and substituting therefor the following:
"The annual meeting of the Town shall commence with the opening
of the polls for voting continuously from seven o'clock in the
morning until eight o'clock in the evening."
Article VI - Selectmen
To amend Section 5 of Article VI of the General By -Laws of the
Town of Lexington by striking the words "and in a public place in
each precinct and" and by substituting therefor the word "and ".
To amend Section 6 of Article VI of the General By -Laws of the
Town of Lexington by striking the words "£or eight hours each
weekday, except holidays and Saturdays" and by adding at the end
thereof the words "for such hours as are determined by the Board
of Selectmen."
To amend Section 7 of Article VI of the General By -Laws of the
Town of Lexington by striking the words "one thousand dollars" and
substituting therefor the words "two thousand dollars."
To amend Section 9 of Article VI of the General By -Laws of the
Town of Lexington by striking it and substituting therefor the
following:
"The Selectmen shall provide and maintain under their care and
supervision, some suitable place or method for free public dis-
posal for the inhabitants of the town to deposit ashes, cinders,
papers and other refuse and rubbish in accordance with such
rules and regulations as the Selectmen may from time to time
make."
Article VII - Town Clerk
To amend Sections 5 and 6 of Article VII of the General By -Laws
of the Town of Lexington by striking them in their entirety and
substituting therefor the present Section 7 renumbered as Section 5.
Article XII - General Provisions
To amend Section 1 of Article XII of the General By -Laws of the
Town of Lexington by striking it and substituting therefor the
following:
1_ 3 0 (Adjourned Session of the 1982 An nual Town Meetin May 3, 1982.)
Article 48.(Re as filed with the Town Clerk and as amended at Town Meeting - )
(Cont.) (Cont.)
(Main Article XII - G eneral Provisions (Cont.)
motion,
as "All committees, except as otherwise provided by law or by by -law
amended or by vote of the town meeting shall be appointed in accordance
and with Section 2 of the Selectmen -Town Manager Act (Chapter 753 of the
reports Acts of 1968, as amended). In choosing a committee at town meeting,
as no person shall nominate more than one member of such committee."
filed -
as
adopted. Ar ticle XIII - Appropriation Committee
(Cont.)
To amend Section 1 of Article XIII of the General By -Laws of the
Town of Lexington by striking out the words in the second paragraph
"the joint school committee- teachers' salary advisory committee or."
Article XV - Town Celebrations Committee
To amend Section 1 of Article XV of the General By -Laws of the
Town of Lexington by striking out the words "April thirtieth" and
substituting therefor the words "June thirtieth."
Article X VI - Recreation Committee
To amend Section 1 of Article XVI of the General By -Laws of the
Town of Lexington by striking it and substituting therefor the
following:
"The Town shall have a Recreation Committee. It shall consist of
five voters of the Town who shall be appointed by the Town Manager,
subject to the approval of the Board of Selectmen. Upon the ex-
piration of the term of a member, a successor shall be appointed
for a term of three years. Terms shall expire on May thirty- first,
except that members shall continue in office until their successors
have been duly appointed and qualified."
To amend Section 2 of Article XVI of the General By -Laws of the
Town of Lexington by striking it and substituting therefor the
following:
"The Recreation Committee shall administer and have the program
and policy responsibility of the Public playgrounds and recreation
centers of the Town, except as herein otherwise provided; shall
have charge of conducting and promoting thereon recreation, play,
sport and physical education and subject to the approval of the
Board of Selectmen may permit the use thereof by any department of
the Town or by any person, society or organization for such other
public, recreational, social or educational purposes as the committee
may deem proper; and with the consent of the public officer or
board having control thereof or of the owner, may conduct and promote
such activities on other public property or on private property. In
carrying out its functions, the committee, consistent with Town
personnel policy, may utilize teachers, supervisors and other
personnel_."
Article XVII - Permanent Building Committee
To amend the second paragraph of Section 1 of Article XVII of the
General By -Laws of the Town of Lexington by substituting "the first
day of July" for "the first day of May" and substituting "June
thirtieth" for April thirtieth."
Articl XVIII - Tr ustees of Public Trusts
To amend Section 1 of Article XVIII of the General By -Laws of the
Town of Lexington by adding at the end thereof the words "whose members
shall be appointed by the Board of Selectmen as set forth in Section
2B of the Selectmen -Town Manager Act (Chapter 753 of the Acts of 1968,
as amended).
(Adjourned Session of the 1982 Annual 'Town Meeting - May 3, 1982.) 3 f
Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting - )
(Cont.) (Cont.)
(Main Article XIX - Civil Defense
motion,
as To amend Section 2 of Article XIX of the General By -Laws of the
amended Town of Lexington by adding after the words "(hereinafter called the
and 'director'" the words "who shall be appointed by the Town Manager)"
reports and by striking the words "Board of Selectmen" and substituting
as therefor the words "'Town Manager."
filed -
as To amend Section 3 of Article XIX of the General By -Laws of the
adopted. Town of Lexington by striking it in its entirety.
(Cont.)
Article XX - Gas Inspector
To amend Article XX of the General By -Laws of the Town of Lexington
by striking it in its entirety and substituting therefor the present
Article XXXII.
Article XXI - Town Counsel
To amend Section 2 of Article XXI of the General By -Laws of the
Town of Lexington by striking it in its entirety.
To amend Section 3 of Article XXI of the General By -Laws of the
Town of Lexington by adding at the end thereof the words "unless
authorized by the Board of Selectmen" and renumbering it Section 2
and by adding, after the word "requested," the words: "by the
Town Meeting or ".
To amend Sections 4 and 5 of Article XXI of the General By -Laws
of the Town of Lexington by renumbering them Sections 3 and 4
respectively.
To amend Section 6 of Article XXI of the General By -Laws of the
Town of Lexington by striking the word "fiscal" in subsection (a)
of the first sentence, by striking the third sentence "Such reports
shall also show the separate amounts received by the Town Counsel as
compensation and for disbursement in each of such actions during such
year, and for all other services not covered by his regular salary"
in its entirety, and by renumbering it Section 5.
To amend Section 7 of Article XXI of the General By -Laws of the
Town of Lexington by renumbering it Section 6.
Article XXV - General Regulat
To amend Section 8 of Article XXV of the General By -Laws of the
Town of Lexington by striking it in its entirety.
To amend Sections 9, 10, and 11 of Article XXV of the General
By -Laws of the Town of Lexington by renumbering them Sections 8, 9,
and 10 respectively.
To amend Section 12 of Article XXV of the General By -Laws of the
Town of Lexington by striking it in its entirety and substituting
therefor the following renumbered as Section 11:
"No owner or agent having charge of any building or lot of land
abutting on a sidewalk within all commercial and industrial
districts as defined in Section 4.2 of the Zoning By -Laws of the
Town of Lexington, shall place or permit or suffer to remain for
more than four hours between sunrise and sunset any snow or ice
upon such sidewalks which impedes the orderly flow or safety of
pedestrian traffic upon such sidewalks, unless such ice is made
even and covered with sand or some like material to prevent
slipping."
132 (Adjourned Session of the 1982 Annual Town Meeting - May 3, 198
Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting - )
(Cont.) (Cont.)
(Main Article X XV - _ General Regulations (Cont.)
motion,
as To amend Section 13 of Article XXV of the General By -Laws of the
amended Town of Lexington by renumbering it Section 12.
and
reports To amend Section 14 of Article XXV of the General By -Laws of the
as Town of Lexington by striking it in its entirety and substituting
filed - therefor the following renumbered as Section 13:
as
adopted. "No owner of a building abutting upon or adjacent to the line of
(Cont.) any street, or his agent having care thereof, shall. cause, pump,
permit or suffer water from the roof of such building or from the
building itself, to discharge upon or flow across the sidewalk or
public way adjacent to such building in such a way as to affect the
public safety."
To amend Sections 15 and 15A of Article XXV of the General By -Laws
of the Town of Lexington by renumbering them Sections 14 and 15
respectively.
To amend Section 16 of Article XXV of the General By -Laws of the
Town of Lexington by striking the word "superintendent" wherever it
appears and substituting therefor the word "director" in each
instance.
To amend Section 17 of Article XXV of the General By -Laws of the
Town of Lexington by adding at the end thereof the following words:
"Such signs must conform to the Sign Regulations set forth in
the Zoning By -Laws of the Town."
To amend Section 18 of Article XXV of the General By -Laws of the
Town of Lexington by adding at the end thereof the following words:
"Such signs must conform to the Sign Regulations set forth in
the Zoning By -Laws of the Town."
To amend Section 21 of Article XXV of the General By -Laws of the
Town of Lexington by adding at the end thereof the word "Meeting."
To amend Section 25 of Article XXV of the General By -Laws of the
Town of Lexington by striking it in its entirety and substituting
therefor the following:
"No person shall behave or conduct himself on the Battle Green
otherwise than in a quiet and orderly manner in keeping with a
respectful regard and reverence for the memory of the patriotic
service and sacrifice there so nobly rendered. No person shall
engage or take part in any game, sport, picnic or performance on
the Battle Green unless: (a) written permission has been given by
the Selectmen, or (b) such activity would not interfere with the
safe, convenient and appropriate use thereof, nor disturb the
safety of persons or property. No person shall climb upon, deface,
mutilate, or otherwise injure any tree, shrubbery, monument,
boulder, fence, seat, or structure on the Battle Green. The
Selectmen shall promulgate regulations that define both the standards
and procedures by which they will grant or deny permits under sub-
section (a), and the activities allowable without permit under
subsection (b).
To amend Section 27 of Article XXV of the General By -Laws of the
Town of Lexington by:
1. Striking the words "under Section 25.80 of" and substituting
therefor the words "as defined by."
2. Striking the words "of Section 27."
3. Striking the words "acting under Section 25.94 of the Zoning
By- Law."
)e
(Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.)
Article 48. (Report as filed with the Town Clerk and as amended at Town Meeting -)
(Cont.) (Cont.)
(Main Article XXVI - Public Conduct
motion,
as To amend Section 1 of Article XXVI of the General By -Laws of the
amended Town of Lexington by striking it in its entirety.
and
reports To amend Sections 2, 3, and 4 of Article XXVI of the General By-
as Laws of the Town of Lexington by renumbering them Sections 1, 2
filed - and 3, respectively.
as
adopted. To amend Section 5 of Article XXVI of the General By -Laws of the
(Cont.) Town of Lexington by striking it and substituting therefor the
following renumbered as Section 4:
"No person shall - with purpose to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof - engage
in fighting or threatening, or in violent or tumultuous behavior,
or create a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor."
To amend Section 6 of Article XXVI of the General By -Laws of the
Town of Lexington by striking it and substituting therefor the
following renumbered as Section 5:
"No person shall loiter or continue to sit, lie or stand in any
street, public place or public building so as to obstruct or
impede the free passage of any other person after being otherwise
directed by a police officer or by posted sign."
To amend Sections 7 and 8 of Article XXVI of the General By -Laws
of the Town of Lexington by striking them in their entirety.
To amend Section 9 of Article XXVI of the General By -Laws of the
Town of Lexington by renumbering it Section 6.
Article XXVII - Licensed Persons
To amend Section 2 of Article XXVII of the General By -Laws of the
Town of Lexington striking therefrom the word "canvasser."
Article XXVIII - Animals
To amend Section 4 of Article XXVIII of the General By -Laws of the
Town of Lexington by striking the word "a" and substituting therefor
the word "to."
Article XXXIII - wetland Protection
To amend Article XXXIII of the General By -Laws of the Town of
Lexington by renumbering it Article XXXII.)
(See Page 128 for Final Vote of Adoption.)
Arthur C. Smith moved that the meeting extend their thanks to the
By -Law Committee for their long and hard work and for a job well
done.
This motion was unanimously adopted and the committee was given a
round of applause. 9:37 P.M.
13 4 (Adjourned S ession of the 1982 Annual Town Meeting May 3, 1982.)
Article 49. GARRITY HOUSE
Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized (a) to
(As enter into an agreement with Robert J. Lind for the sale, with
adopted) preservation restrictions, of the buildings known as the Garrity
House and the Carriage House located in Buckman Park to be used for
private residential use in consideration of $6,000 and on such other
terms as the Selectmen shall determine; (b) to enter into a long
term lease of a parcel of land in Buckman Park on which the fore-
going buildings are located containing approximately 15,500 square
feet; (c) to grant or delegate administrative supervision under any
such agreement and preservation restrictions to an individual or
committee that they may choose, including the Historic Districts
(See Commission; and (d) to petition the General Court for an act to
Chapter permit such lease and conveyance.
374 - 9:38 P.M.
Acts of
1982.) Mrs. Battin explained that the Board of Selectmen unanimously
supported this article. She asked that Anne Grady, Chairman of the
Garrity House Committee be recognized. 9:42 P.M.
Mrs. Grady, with the aid of Lexington Historical Society Historian -
Archivist S. Lawrence Whipple showing slides, gave an explanation
of the committee's plan for the property and asked that Robert J.
Lind be recognized. 9:47 P.M.
Mr. Lind gave a short statement as to what he planned to do to the
buildings. 9:48 P.M.
In. response to questions raised by Manfred P. Friedman, Mrs. Grady
explained that the lease stays with the house; the land stays with
the town; and the lease could be renewed after the 99 year lease
period expires. 9:50 P.M.
Donald D. Wilson, a member of the Garrity House Committee, said
that the committee had put in all the controls that they could to
protect the town and urged passage of the motion., 9:55 P.M.
Winifred L. L. Friedman asked what would become of the buildings
if this motion does not pass. Mrs. Battin answered that they would
be in a stalemate. She added that the Board of Selectmen feel that
this has been a very well thought out plan. 9:57 P.M.
James McLaughlin asked what the taxes would be. Mrs. Grady said
that the property would be assessed at fair market value and whether
Mr. Lind would pay taxes on the land is now before the Board of
Assessors. 9:59 P.M.
Earl F. Baldwin, Jr. moved that action on this article be postponed
until next Monday night (May 10, 1982). 10:01 P.M.
John J. McWeeney, a member of the Board of Assessors, stated that
the land is going to be assessed for $50,000. This is for the land
alone. 10:01 P.M.
After discussion in regards to the land being tax exempt, Mr. Baldwin's
motion to postpone action on Article 49 was declared lost by voice
vote. 10:07 P.M.
The Town Manager, Robert M. Hutchinson, Jr. recommended that the land --
be tax exempt as did the Board of Selectmen through Margery M. Battin.
10:10 P.M.
Ronald M. Levy moved the previous question which was declared adopted
by voice vote. Voice vote was doubted by more than 20 members, so a
standing vote was taken as follows:
(Adjourned Session of the 1982 Annual Town Meeting - May 3, 1982.)
Article 49. Vote on previous question:
(Cont.)
Pr ecinct In Favor Tellers Opposed
1 16 Sheila Busa - Tassone 4
2 5 Lynda A. Wik 10
3 15 Suanne C. Dillman 2
4 13 Peter C. J_ Kelley 0
5 11 James L. Silva 8
6 4 Edith Sandy 12
7 4 Winifred L. L. Friedman 12
8 7 Suzanne S. Frank 7
9 15 John C. Eddison 2
At Large 16 John R. Campbell 2
Totals 106 59
Previous question prevailed. 10:15 P.M.
Mrs. Battin released part of her time to Jack Sarmanian who asked
if the reconstruction work would be supervised by the committee or
the Selectmen. Mrs. Grady answered that a Clerk of the Works would
be appointed. 10:17 P.M.
The Moderator asked for a standing vote on the main motion as
offered by Mrs_ Battin. Standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 17 Sheila Busa - Tassone 2
2 16 Lynda A. Wik 0
3 16 Suanne C. Dillman 2
4 13 Peter C. J. Kelley 1
5 16 James L. Silva 3
6 15 Edith Sandy 2
7 9 Winifred L. L. Friedman 7
8 14 Suzanne S. Frank 3
9 18 John C. Eddison 1
At Large 18 John R. Campbell 1
Totals 152 22
More than the required two - thirds having voted in favor, the motion
is adopted. 10:20 P.M.
Alfred S. Busa moved reconsideration of Article 49. This motion was declared
lost by voice vote. 10:27 P.M.
Frank Sandy moved that Article 60 be taken up at this time. 10:28 P.M.
(See Pages 137 -139)
J. Keith Butters moved that this meeting be adjourned to Wednesday, May 5,
1982 at 8 P.M. in Cary Memorial Hall. 10:28 P.M.
Alfred S. Busa expressed the thanks of the Board of the Selectmen and the
Town Meeting for the long and hard work done by the Garrity House Committee.
10:19 P.M.
Mr. Butters withdrew his motion for adjournment. 10:29 P.M.
Article 46. (See Page 113.) Stephen Michael Politi moved that this article
be tabled. This motion was adopted by voice vote.
(See Pages 156 & 157.)
_3 6) (Adjourned Session of the 19 82 Annual Town Meeting May 3, 1982.)
J. Keith Butters moved that this meeting be adjourned to Wednesday, May 5,
1982 at 8 P.M. in Cary Memorial Hall. 10:31 P.M.
In response to a question raised by Arthur C. Smith, the Moderator stated that
the first order of business at the next session of this town meeting would be
Prank Sandy's motion to take up Article 60. 10:32 P.M.
Mr. Butters' motion to adjourn this meeting to Wednesday, May 5, 1928 at
8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:32 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
i
ADJOURNED SESSION OF THE 1982 ANNUAL 'TOWN MEETING � r
MAY 5, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr, at
8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of
the Chair. The meeting was reconvened at 8:07 P.M.
There were 181 Town Meeting Members present.
The invocation was offered by Reverend John P. Streit of the Church of Our
Redeemer. 8:09 P.M.
i
The Moderator stated that the meeting is open on Frank Sandy's motion
(offered at the May 3, 1982 Session - See Page 135) that Article 60 be taken
up at this time. 8:10 P.M.
Mr. Sandy's motion that Article 60 be taken up at this time was adopted
unanimously. 8:10 P.M.
Article 60. REZONE TO CD, MARRETT ROAD
AT LINCOLN STREET
Presented by Peter C. J. Kelley.
(Not MOTION: That the Town amend the Zoning By -Law and Zoning Map by
adopted) rezoning to CD, Controlled Commercial and Industrial, the land
bounded and described as set forth in this article. The preliminary
site development and use plan for such zoning district shall be the
plan dated April 30, 1982 filed with the town clerk.
8:12 P.M.
At the start of his explanation, Peter C. J. Kelley said that he
and Richard F. Perry would abstain from voting on this article.
Later in the course of the discussion, before the final vote was
taken, Richard M. Perry stated that he believed in the Code of
Ethics set up for Town Meeting Members and, that his son was one
of the proponents of this article, he also would abstain from
voting on Article 60.
Mr. Kelley gave a lengthy explanation, being recognized for the
second ten minutes by the Moderator, and showed slides of the Five
Forks Area from all angles. He showed the various businesses in
the immediate vicinity to back up his position that this would be
a business being put up in a business area although it abuts a
residential area. At the present time a stockade fence has been
erected around the property shielding it from the abutting
residences. Mr. Kelley asked that Jacquelyn Olson, Landscape
Architect, be recognized. She showed slides and explained the
landscaping plan. There would be shrubs in the front with complete
screening by the planting of hemlocks. Parking would be in the
rear and screened from the neighbors by the fence. Also, she
added that there would be handicapped parking. 8:32 P.M.
in
Mr. Kelley explained that /the Traffic Engineer's Report, this was
described as a small development with no adverse effect on traffic
in the area. 8:34 P.M.
Jacquelyn R. Smith filed the Majority and Minority Reports of the
Planning Board. 8:35 P.M.
Mrs. Smith, explaining that this was a low accident corner, said
that there would be traffic improvements to the intersection, at
the proponents' expense, in conjunction with the Town. The pro-
ponents will assume the costs for engineering work on the improve-
ments and for the widening and reconstruction of the west side of
Marrett Road in front of their property. They will contribute up
to $5,000 for the restoration and beautification of the traffic
islands at the Lincoln Street - Marrett Road - School Street inter-
section opposite from their property. She went on to highlight the
Planning Board Report listing the many reasons for the support of
the majority of the members. 8:49 P.M.
W3 (Adjourned Session of the 198 Annual Town Meeting May 5, 198
Article 60. Albert P. Zabin spoke of his grave reservations about adopting
(Cont.) Article 60. He felt that there should not be this kind of re-
zoning unless there is a clear need and he felt that this is not the
case in this article. He urged unfavorable action. 8:58 P.M.
James J. Findley spoke of the impact on safety of drivers and
pedestrians and also urged unfavorable action as did Jane P.
Buckley and Ronald W. Colwell.
The following neighbors spoke against the rezoning:
Barbara J. Degan, 334 Lincoln Street
Michael R. Coppe, 12 Barrymeade Drive -
Stanley S. Wallack, 315 Lincoln Street
Robert M. Dalrymple, 642 Marrett Road.
9:45 P.M.
Louis A. Zehner spoke in support of the motion and said that the
corner in question was one of the messiest corners in the town
until it had been cleaned up and fenced in by Mr. Kelley and
Mr. Perry. He felt that this was just the beginning of a big
improvement for said corner. 9:47 P.M.
Joseph F. Gilbert, Jr. spoke in favor of the motion. 9:50 P.M.
Alfred S. Busa voiced the unanimous support of the Board of Select-
men in regards to the rezoning of this piece of land.
9:50 P.M.
Mr. Kelley rebutted the statements made by the dissenters and said
that he felt the town needs local businesses rather than have the
residents having to shop out of town. 9:57 P.M.
Karsten Sorensen spoke as a minority member of the Planning Board
opposing this article. He felt that the Town had no obligation to
provide space for businesses operating out of homes in residential
areas. fie said that rezonings should he considered only where there
is good justification. This proposal is ad hoc and is not consistent
with the good planning that is expected in Lexington.
9:59 P.M.
Mr. Kelley responded to a question raised by Graydon M. Wheaton. He
said that they would be restricted on what retail space would be
called for. No other retail use would be allowed in without a permit
from the Board of Appeals. 10:02 P.M.
Kenneth O. Alves requested that a roll call vote be taken on the
motion under Article 60. The Moderator asked for a standing vote
of those members in favor of a roll call vote. Results as follows:
Precinct Tellers In Favor
1 Sheila Busa- Tassone 5
2 Lynda A. Wik 3
3 Suanne C. Dillman 5
4 Georgia S..Glick 0
5 James L. Silva 4
6 Edith Sandy 1
7 Winifred L. L. Friedman 7
8 Suzanne S. Frank 2
9 John C. Eddison 16
At Large John R. Campbell 3
Total 46
Less than the required fifty members having voted in favor, the
request for a roll call vote on the motion offered under Article 60
was not in order. 10:04 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - May 5, 1982.)
Article 60. The Moderator asked for a standing vote on the main motion
(Cont.) offered under Article 60 with the following results:
Precinct I n Favor Tellers Opposed
1 11 Sheila Busa - Tassone 9
2 11 Lynda A. Wik 5
3 3 Suanne C. Dillman 16
4 5 Georgia S. Glick 9
5 6 James L. Silva 11
6 4 Edith Sandy 13
7 4 Winifred L. L. Friedman 14
8 9 Suzanne S. Frank 6
9 2 John C. Eddison 17
At Large 16 John R. Campbell 3
Totals 71 103
Less than the required two - thirds having voted in favor, the main
motion as offered by Peter C. J. Kelley was not adopted.
10 :07 P.M.
James M. McLaughlin served notice of reconsideration of Article 60.
10 :07 P.M.
Article 2. Alfred S. Busa told the meeting that Article 15 would not be taken
up this evening but would be delayed until next Monday. The
Selectmen are planning to recess the meeting next week until
June 16, 1982. 10 :07 P.M.
Alfred S. Busa moved that Article 15 be taken up at this time which was
adopted by voice vote. 10:09 P.M.
Article 15. (See Pages 94, 95, 113, 114, 141 -145)
AUTHORIZATION TO USE CHAPTER
90 FOR STREET IMPROVEMENTS
Alfred S. Busa moved that Article 15 be postponed to Monday, May
10, 1982 at 8 P.M. 10:10 P.M.
Motion to postpone Article 15 to Monday, May 10, 1982 at 8 P.M.
was adopted unanimously. 10:10 P.M.
Article 50. LAND TRANSFER- BATTLE ROAD
TO NATIONAL PARK SERVICE
Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
convey land owned by the Town and shown as Old Massachusetts Avenue
(Battle Road) and a portion of Alpine Street, which ways lie within
the boundaries of Minute Man National Park, to the National Park
............:.
Service on such terms as the Selectmen shall determine, including
the exchange of land currently owned by the National Park Service.
10:11 P.M.
After general discussion, Frank Sandy stated that the Planning
Board unanimously supported this article. 10:18 P.M.
Motion as presented by Mr. Busa declared adopted unanimously.
10:19 P.M.
( Adjourned Session of the 198 2 A Town Meeting - May 5, 1982.)
Frank Sandy moved that Article 59 be taken up at this time. This motion was
declared adopted by voice vote (doubted,but not by the required twenty members).
10:20 P.M.
Article 59. REZONE TO CD, MARRETT ROAD
NEAR MINUTEMAN SCHOOL
Presented by Fred Rosenberg.
(Approved MOTION: That the Town vote to amend the Zoning By -Law by changing
by Atty. the district designation from RO - One Family Dwelling District to
General, CD - Controlled Commercial and Industrial District of land on the
Oct. 15, South Side of Marrett Road, adjacent to the entrance to the Minute -
1982. man Regional Vocational Technical School at the intersection of
Posted in Massachusetts Avenue and Marrett Road, commonly known as the Boston
Town Edison Property and as further described -in. this Article.
Office 10:21 P.M.
Building
& nine At Mr. Rosenberg's request, Mr. Nolan, a resident of Lexington, was
precincts recognized and gave a brief background of the Nolan, Norton &
on Nov. Company. IIe explained that it is a management consulting firm
3, 1982.) specializing in computers. 10:25 P.M.
Dennis Lowe, Bob Daylor and Lawrence Smith were all recognized in
advance by the Moderator.
Mr. Lowe explained that this location was on the western side of
Massachusetts Avenue. He added that the maximum number of employees
would be 400 and that the Minuteman Regional School School Committee
had voted support of this amendment to the Zoning By -Law.
10:38 P.M.
Mr. Daylor spoke on the traffic and Lawrence Smith, Project Director
spoke briefly on the rezoning. 10:45 P.M.
Karsten Sorensen filed the Report of the Planning Board on Article
59 and stated that the Board unanimously supported the article.
10:47 P.M.
Main motion as presented by Mr. Rosenberg declared adopted
unanimously. 10 :52 P-M.
Alfred S. Busa moved that this meeting be adjourned to Monday, May 10, 1982
at 8 P.M. in Cary Memorial Hall. This motion was adopted unanimously.
10:52 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1982 ANNUAL TOWN MEETING _-
MAY 10, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the
Chair. The meeting was reconvened at 8:08 P.M.
There were 179 Town Meeting Members present.
The invocation was offered by The Reverend Arthur H. Kolsti, Pastor of the
Pilgrim Congregational United Church of Christ. 8:10 P.M.
The Moderator called a formal recess in order to honor two Lexington
champions. He then read the following resolutions which were.signed by the
Board of Selectmen - Alfred S. Busa, Margery M. Battin, James F. Crain, Robert
F. Sacco and Stephen Politi:
RESOLUTION - 1982 ANNUAL TOWN MEETING
WHEREAS: Karen Gerenz of Lexington, Massachusetts has excelled
in the sport of diving and has won the State Champion-
ship for 1 -meter diving in the years 1979 and 1980; and
WHEREAS: Karen Gerenz has been named North Sectional Champion
in 1 -meter diving for the year 1981, and holds the
diving record as State and Sectional Champion; and
WHEREAS: she is a member of the All American High School Diving
Team and three times has been selected for the Boston
Globe All- Scholastic Teams; and
WHEREAS: she finished second in the National YMCA 3 -meter
diving competition in 1982;
BE IT THEREFORE RESOLVED: that the appreciation of the Town of Lexington be
accorded to Karen Gerenz in recognition of her
accomplishments.
RESOLUTION - 1982 ANNUAL TOWN MEETIN
WHEREAS: Marco Dirks of Lexington, Massachusetts has excelled
in the sport of track and has been named the 1982
300 -yard Indoor State Champion; and
WHEREAS: Marco Dirks has won the championship in the Middlesex
League for the 300 -yard sprint; and
WHEREAS: Marco Dirks has been named to the Middlesex League
All -Star in the 300 -yard spring category, and has
established the school record for best time of 32.6
seconds for that event;
BE IT THEREFORE RESOLVED: that the appreciation of the Town of Lexington be
accorded to Marco Dirks in recognition of his
accomplishments.
Both of the above resolutions were adopted unanimously and the two champions
were given a standing ovation. 8:13 P.M.
The Moderator declared that the meeting was now open on Article 15.
(See Pages 92, 93, 94, 95, 113, 114, 139)
4 4 (Adjourned Session of the 198 Annual Town Meeting - May 10, 1982.)
Article 15. (See Pages 92 -95, 113, 114 and 139.)
(Cont.)
William T. Spencer moved reconsideration of Martin L. Hagerty's
(See amendment to main motion under Article 15. (see Pages 94 and 95.)
Page 8:14 P.M.
144 for
final Alfred S. Busa, Chairman of the Board of Selectmen, read. the
motion following:
adopted
under Town Meeting Members advised the Board of Selectmen that they
Art. 15.) felt it was necessary that a full review of this article be
conducted so that all of the technical ramifications could be
better understood.
As you know, a comprehensive report has been filed with the
town meeting outlining this proposal. We have made arrangements
for the Director of Public Works and our traffic consultants,
Boston Survey Consultants, to review this proposal. The current
amendment prohibits any commitment to spending monies for the
resolution of the Bedford Street design of this project. We
consider Bedford Street to be the most critical component of
this project.
In addition, we have been advised only recently that funding
for portions of this project would come from other than Chapter
90 funds. Specifically, $120,000 will be provided as a direct
grant by the State towards the design of this project.
8:15 P.M.
Selectman, Margery M. Battin urged support of the motion to
reconsider Mr. Hagerty's amendment. She stated that the
Selectmen were unanimous in their support and wished to continue
dialogue with the neighbors. She added that the project will
be stopped by the Selectmen if it does not meet the needs of the
town. 8 :19 P.M.
Walter Tonaszuk, Director of Public Works, was recognized and he
reviewed the project and was aided by the showing of slides. He
said that there would be three 12' lanes in each direction and a
two -way residential frontage road. There would be a pedestrian
overpass at Eldred Street and a 10' to 20' planting area. The
total construction cost, which includes Bedford Street, Hartwell
Avenue and Marr.ett Road, would be $4,400,000. 8:31 P.M.
At Mr. Busa's request, Mr. Cook of Boston Survey Consultants was
recognized. With the aid of slides he explained the increased
growth in daily traffic - Bedford Street - 70 %; Hartwell Avenue -
50 %; Maguire Road - 12% and Wood Street - 60 %. He gave the
population forecasts for the period 1970 - 1990. For 1970 -
1980 there was a decrease of 8 %; 1980 - 1990 there would be no
increase. 8:43 P.M.
Winifred L. L. Friedman felt that Bedford Street should not be
turned into an arm of Route 128. She added that the meeting
should not accept this proposal. She wants to protect North
Lexington and urged unfavorable action on the motion to re-
consider Mr. Iagerty's amendment. 8:50 P.M.
Concern was raised by Lloyd Gilson in regards to the pedestrian
overpass. Mrs. Battin stated that the town would not support
the proposal if there were to be no pedestrian overpass.
8:57 P.M.
Jacquelyn H. Ward spoke in favor of the reconsideration and said
that Bedford Street was in need of an access road. 8:57 P.M.
Manfred P. Friedman stated that if the concept were approved,
it would soon be obsolete. 9:01 P.M.
Thomas E. Fortmann stated that the design had some excellent
features but that it also had some major problems. He urged
reconsideration of the amendment and defeat of the amendment
itself. 9:03 P.M.
(Adjourned Session of the 1982 Annual Town Meet - May 10, 1982.) `&t
Article 15. Frank Sandy said that the residents abutting Bedford Street need
(Cont.) this access road but that the rest of North Lexington is getting
the short end of the stick. 9:10 P.M.
Sam V. Nablo voiced concern regarding the environmental impact.
With the number of cars estimated using the road daily, and
breaking the figure down to two vehicles per second, he felt
there would be a severe impact on the air quality in the neighbor-
hood. 9:12 P.M.
Mr. Cook of Boston Survey Consultants answered that there was no
way to prevent environmental impact due to heavy traffic. He
added that this concept would move traffic through at 30 miles
per hour. 9:15 P.M.
Mr. Spencer's motion to reconsider Mr. Hagerty's amendment to
Article 15 was declared adopted by voice vote. 9:15 P.M.
The Moderator stated that the amendment offered by Martin L.
Hagerty (April 12, 1982 Session - See Page 94.) was now before the
meeting and read the amendment as follows:
(Amend- Moved to amend Article 15 by adding at the end thereto the following
ment phrase "provided that no monies shall be spent for the design,
Lost) development or construction of any part of Bedford St.
Mrs. Battin urged defeat of Mr. Hagerty's amendment.
9:16 P.M.
Mr. Hagerty defended his amendment. He stated that he wanted a
road to alleviate the traffic but wanted a road that they could
live with. He added that he would like to see his amendment stand.
9:23 P.M.
Jacquelyn R. Smith said that a majority of the Planning Board
urged defeat of the amendment. She added that if nothing were to
be done, there will be chaos. 9:25 P.M.
Ephraim Weiss stated that he supported the people who live in the
neighborhood and felt that widening was not the solution. He
therefore urged support of the amendment. 9:28 P.M.
Robert E. Fitzmaurice, a resident at 423 Bedford Street for 23
years, was recognized and spoke in favor of the service road. He
had in his possession a petition that he had circulated in the
neighborhood and he had almost unanimous support of the neighbors
who wanted the frontage road. 9:30 P.M.
Elaine Dratch questioned how the Selectmen would determine if the
concept met the town's needs. 9:31 P.M.
Mr. Busa stated that once the concept was put in motion, public
hearings would be held. If there is to be no pedestrian overpass,
the project would be stopped. 9:32 P.M.
Walter Tonaszuk, DPW Director, said that one public hearing is
required on all state construction projects. He added that there
would be hearings in order to get input from the neighbors.
9:33 P.M.
Voice vote on Mr. Hagerty's motion to amend Article 15 was doubted
by the Moderator, so a standing vote was taken as follows:
Pre cinct In Favor Tellers Oppo
1 4 Sheila Busa- Tassone 15
2 0 Lynda A. Wik 17
3 11 Suanne C. Dillman 7
4 2 Peter C. J. Kelley 11
5 8 James L. Silva 9
1 _44 (Adjourned. Sessio o f the 1982 Annual Town M - May 10, 1982.)
AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS
Article 15. Standing vote (Cont.) on Mr. Hagerty's motion to amend Article 15:
(Cont.)
Precinct In Favor Tellers Opposed
6 5 Edith Sandy 11
7 12 Winifred L. L. Friedman 4
8 7 Suzanne S. Frank 9
9 10 John C. Eddison 7
At Large 1 John. R. Campbell 16
Totals 60 106
Mr. Hagerty's motion to amend Article 15 does not prevail.
9:38 P.M.
The Moderator declared that the main motion, as presented by Alfred
S. Busa, (April 12, 1982 Session. See Page 94.) was now before the
meeting. 9:38 P.M.
Thomas E. Fortmann moved to amend the main motion under Article 15
by adding the following words: All design work carried out on these
projects must give the highest priority to full access by residents
of adjacent neighborhoods and to safe passage in all directions by
pedestrians and bicyclists. 9:39 P.M.
Mr. Fortmann gave the following reasons for his amendment:
1. To provide a clear direction from Town Meeting and ensure that
these priorities are not overlooked in subsequent design stages.
2. To provide the Engineering Department with explicit instructions
that can be cited in the event that Lexington's priorities
conflict with those of the Massachusetts Department of Public
Works. 9:41 P.M.
Mr. Busa voiced the support of the Board of Selectmen in regards to
Mr. Fortmann's amendment. 9:41 P.M.
Frank Sandy stated that the Planning Board unanimously supported the
amendment offered by Mr. Fortmann. He emphasized that Mr. Busa had
stated that if the overpass was not put in, the project would be
stopped. 9:46 P.M.
Amendment to Article 15, as offered by Mr. Fortmann, was declared
adopted by voice vote. 9:49 P.M.
Main motion as offered by Mr. Busa and amended by Mr. Fortmann now
reads:
(Art. 15 MOTION: That the Treasurer with the approval of the Selectmen be
as authorized to issue Highway Reimbursement Notes of the Town in the
adopted) amount of $232,726 under G.L. c. 44, sec. 6, as amended, in antici-
pation of reimbursement by the Commonwealth for highway reconstruction
and improvements under the authority of Chapter 90 of the General
Laws as funded by Chapter 351 and 732 of the Acts of 1981 and Chapter
570 of the Acts of 1.980 and that notes issued for a shorter period
than two years may be refunded by the issue of new notes maturing
within two years from the date of the original obligation; and that
the Selectmen are authorized to accept highway funds from all sources.
All design work carried out on these projects must give the highest
priority to full access by residents of adjacent neighborhoods and
to safe passage in all directions by pedestrians and bicyclists.
Nyles Nathan Barnert voiced the support of the Capital Expenditures
Committee on Article 15 as amended. 9:50 P.M.
Martin L. Hagerty gave a lengthy explanation, being recognized for
a second time by the Moderator, on the background leading up to
tonight's proposal as far as the neighbors were concerned.
10:13 P.M.
Lloyd Gilson moved the previous question which was declared
adopted by voice vote. 10:13 P.M.
(Adjourned Session of the 1982 Annual Town Meeting ^- _May 10, 19822) i A
Article 15. Rather than use the ten minutes allotted to him as the maker of the
(Cont.) main motion, Mr. Busa asked that the vote be taken as he felt that
there was nothing new to add. 10:13 P.M.
Marian C. Reilly asked for some of Mr. Busa's time, which he gave,
and she questioned the streets that were to be resurfaced.
10:14 P.M.
Town Manager, Robert M. Hutchinson, Jr. and Walter Tonaszuk, DPW
Director, showed on slides the streets that would be resurfaced
although they were subject to change. Mr. Tonaszuk stated that
the resurfacing would be to the existing street widths. There
would be no widening. The total cost of Chapter 90 resurfacing
would be $181,918. 10:20 P.M.
Main motion as offered by Mr. Busa and amended by Mr. Fortmann was
declared adopted by voice vote. (See Page 144 for motion as
adopted.) 10:20 P.M.
Joseph O. Rooney moved that Article 28 be taken from the table. This
motion was declared adopted unanimously. 10:21 P.M.
(See Page 100.)
Article 28. LEXINGTON HOUSING AUTHORITY -
REIMBURSEMENT FOR ATTORNEY'S FEES
Presented by Joseph 0. Rooney.
MOTION: That the sum of $6,000.00 be appropriated for the Lexington
Housing Authority for attorney fees incurred in connection with
proposed housing projects, and that such amount be raised in the
tax levy.
Adopted unanimously. 10:23 P.M.
Alfred S. Busa moved that line item 15400, Article 4 be taken from the table.
This motion was declared adopted unanimously. 10 :24 P.M.
(See Pages 85 and 89.)
Article 4. Highway and Traffi Di vision (Presented by Alfred S. Busa)
#5400 Expenses 160,000.
10:24 P.M.
(Although Mr. Busa did not read the second part under line item
#5400 "(Of which $20,000 is to be transferred from the Parking
Meter Fund.)" the Moderator ruled on May 11, 1982 by phone that the
motion that had been before the meeting on May 10, 1982 was as
originally presented and that the only change made by the Chairman
of the Board of Selectmen was the dollar amount. Therefore, the
following should be added to the appropriation under line item #5400.)
(Of which $20,000 is to be transferred from the Parking Meter Fund.)
Frank Sandy raised the question of the resurfacing of Hancock Street.
Walter Tonaszuk stated that Hancock Street is beyond resurfacing and
that reconstruction is proposed. 10:25 P.M.
Marian C. Reilly asked what improvement plans there were for Walnut
Street. Mr. Busa stated that the plans were purely for resurfacing.
10:28 P.M.
Marian C. Reilly moved to amend Article 4, line item 5400 by adding
"provided that no monies be expended in reconstruction or resurfacing
of Walnut St." 10:28 P.M.
14 6 (Adjourned Session of the 1982 Annual Town Meeting- May 10, ]_982.)
Graydon M. Wheaton served notice of reconsideration of Article 15. 10:29 P.M.
Article 4. Line item #5400 (Cont.)
Mrs. Re.illy's motion to amend Article 4, line item #5400 was declared
lost by voice vote, 10:31 P.M.
Main motion under Article 4, line item #5400 as offered by Mr. Busa
was declared adopted unanimously. 10:32 P.M.
Article 2. Patricia A. Swanson gave the report of the Energy Conservation Committee.
10:34 P.M.
Although this report was adopted unanimously it was not placed on
file (in writing) at this session of town meeting. 10:34 P.M.
(The above report was filed with the Town Clerk on October 1, 1982_)
Alfred S. Busa moved that Article 24 be taken from the table. This motion
was declared adopted unanimously. 10:35 P.M.
(See Pages 99 and 104.)
Article 24. ENERGY CONSERVATION COMMITTEE
Presented by Alfred S. Busa.
MOTION: That the sum of $20,000 be appropriated for installing
energy saving equipment in the public buildings of the Town, and
that such amount be raised in the tax levy.
10:35 P.M.
Nyles Nathan Barnert stated that the Capital Expenditures Committee
supported this article, 10:36 P.M.
Mr. Busa's motion was declared adopted unanimously. 10:37 P.M.
Alfred S. Busa moved that this meeting be adjourned to Wednesday, May 12,
1982 at 8 P.M. in Cary Memorial Hall. 10:38 P.M.
In response to a question raised by Walter N. Leutz, Alfred S. Busa, Chairman
of the Board of Selectmen and Frank Sandy, Chairman of the Planning Board gave
the probable order and dates that the remaining articles would be brought before
the meeting for action. 10 :42 P.M.
Fred D. Rosenberg, Chairman of the Transportation Advisory Committee asked
if the LEXPRESS article would be brought up on Wednesday and Mr. Busa answered
in the affirmative.
Arthur C. Smith moved to amend Mr. Busa's motion to adjourn by changing
the date to Monday, May 17, 1982 but this motion was defeated by voice vote.
10:43 P.M.
Mr. Busa's motion to adjourn to Wednesday, May 12, 1982 at 8 P.M. in Cary
Memorial Hall was adopted by voice vote_ 10:44 P.M.
A true copy.
Attest: 2r 1
d
Mary R. McDonough, Town Clerk
ADJOU SESSION OF THE 1 ANNUAL TOW MEETING 13
MAY 12, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr, at
8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of
the Chair. The meeting was reconvened at 8:08 P.M.
There were 165 Town Meeting Members present.
The invocation was offered by The Reverend Paul Borthwick of Grace Chapel.
8:10 P.M.
James F. Crain moved that Article 26 be taken up at this time. This motion
was adopted unanimously. 8:10 P.M.
(See Page 99.)
Article 26. LEXPRESS
MINI -BUS TRANSPORTATION SYSTEM
Presented by James F. Crain.
(Sec. a. MOTION: (a) That the sum of $201,000 be appropriated for a local
as transportation system, including purchase or lease of vehicles with
adopted) the approval of the Selectmen, that to raise such amount $19,000 be
transferred from the appropriation voted under Article 69 of the
Warrant for the 1981 Annual Town Meeting, that $182,000 be raised
in the tax levy, and that the Board of Selectmen be authorized to
apply for, accept and expend funds from the M.B.T.A. or any other
agency in connection with such local transportation system, and to
contract with a private company to provide transportation services.
(Sec. b. (b) That the Board of Selectmen be authorized to enter
as into a lease purchase agreement for vehicles in connection with
adopted) such local transportation system.
8:10 P.M.
In his explanation, Mr. Crain said that a 2/3 vote was required on
section b and praised the work of the Transportation Advisory
Committee, describing the committee as a very unselfish committee.
8:14 P.M.
Fred D. Rosenberg, Chairman of the Transportation Advi.sary
Committee gave a review of the operation over the last three
years and was recognized by the Moderator for the second time at
8:25 P.M. Regarding the ridership per vehicle hour - he explained
that the first year the average was twenty per hour. This year
averaged more than last year but a little less than the first year.
He stated that the committee proposes $25,000 so that they can
investigate the possibility of lease- purchasing buses so that the
town would have more control over the buses. 8:28 P.M.
Mr. Rosenberg moved that the motion be divided. The Moderator
ruled that the motion was capable of division and it would therefore
be divided. 8:28 P.M.
David Enman of 70 Blake Road spoke for the handicapped residents
and urged the support of the meeting on this article. 8 :30 P.M.
Moderator Cole left the podium as Moderator and read the following
letter from a high school junior who wished to be anonymous:
To all Town _Meeting Members:
I am a high school junior who would like to point out the
importance of continuing LEXPRESS. I, as well as many of my
peers, depend on the minibus for transportation after afternoon
activities. In my case, without the LEXPRESS, I would be forced
to quit an afternoon job. Others would have to curtail partici-
pation in clubs, dramatics, or sports if they had no safe, reliable,
year round transportation source. Most families cannot provide
their youngsters with cars, if the child is a licensed driver.
Few parents can act as chauffeurs, because of jobs of their own
or other commitments. It is thus essential to have a reliable,
..6� (Adjourned Session of the 1982 Annual T own Meeting -, 12, 1982.)
Article 26. (Letter from high school junior (Cont.).)
(Cont.)
comprehensive public transportation system. To attract riders, a
system must cover many neighborhoods and be dependable. Few
teenagers would choose to use a system that either repeatedly left
them stranded in Depot Square in winter or ran so late as to make
them miss connections due to breakdowns or accidents. For the sake
of energy conservation and any childred -be they elementary school
students going to Hayden for swimming lessons or high school
students trying to earn college tuition- I urge you to renew the
LEXPRESS contract to continue to provide a viable alternative to
the transportation problems.
8:33 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
had met with the Transportation Advisory Committee during the
year and were very impressed. He added that the Appropriation
Committee recommended the appropriation of $176,000. and said that
this amount would be sufficient for a. chair car. Mr. Dailey felt
that if at any time the town meeting wished. to discontinue the
minibus service that it could be done, but, if the town purchased
buses, it could not be stopped as easily. 8:38 P.M.
William J. Dailey, Jr. moved to amend Article 26 to read as
follows:
(a) That the sum of $176,000 be appropriated for a local trans-
portation system and that to raise said sum $157,000 be raised in
the tax levy and $19,000 be transferred from the appropriation
voted under Article 69 of the warrant for the 1981 Annual Town
Meeting and that the Board of Selectmen be authorized to apply for,
accept and expend funds from the MBTA or any other agency in
connection with such local transportation system, and to contract
with a private company to provide transportation services.
8 :38 P.M.
Alfred S. Busa, speaking as a. minority member of the Board of
Selectmen, voiced his support of Mr. Dailey's amendment.
8:43 P.M. _...:
In answer to questions raised by James M. McLaughlin, James F. Crain
stated that a.ccordinq to the present contract, the buses do not have
to be housed in Lexington. If buses were to be purchased by the
town, he said that the drivers would be sub- contracted and not
employees of the town. 8:46 P.M.
Nyles Nathan Barnert voiced the opposition of the Capital Expenditures
Committee to Mr. Dailey's amendment. 8:47 P.M.
After general discussion, a voice vote was taken on Mr. Dailey's
motion to amend but was doubted by the Moderator and he asked for
a standing vote:
Precinct In Fa vor Tellers Opposed
1 5 Sheila Busa - Tassone 9
2 9 Lynda A. Wik 7
3 3 Suanne C. Dillman 11
4 3 Peter C. J. Kelley 10
5 9 James L. Silva 11
6 2 Edith Sandy 12
7 7 Winifred L. L. Friedman 10
8 9 Suzanne S. Frank 4
9 3 John C. Eddi_son 12
At Large 8 John R. Campbell 10
Totals 58 96
Mr. Dailey's motion to amend section a. of Article 26 was declared
lost. 8:57 P.M.
After much discussion, William J. Dailey, Jr. moved that Article 26
be tabled. The Moderator stated that as tabeling is not a debatable
motion, he cannot accept tabeling from someone who has alread made
a speech. 9:24 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982 4'
Article 26. J. Keith Butters moved the previous question. The Moderator stated
(Cont.) that the previous question would only apply to section (a) as the
article is divided. 9:26 P.M.
Previous question is declared adopted by voice vote. 9:27 P.M.
(Vote on Section (a) was declared adopted by voice vote. (See Page 147 for
Sec.(a).) Section (a) as adopted.) 9:27 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
supported Section (b). 9:28 P.M.
Section (b) was declared adopted unanimously. (See Page 147 for
Section (b) as adopted.) 9:28 P.M.
Article 51. CONVEY HENNESSEY RECREATION LAND
Presented by Patricia A. Swanson.
(Not MOTION: That the Selectmen be and they hereby are authorized to
adopted) convey the land in North Lexington known as the Hennessey Recreation
land to the Lexington Housing Authority for one dollar and upon such
other terms as they may determine for use for subsidized low and
moderate income housing.
9:30 P.M.
After Mrs. Swanson gave a short explanation of her motion, John E.
Taylor spoke in opposition in behalf of the North Lexington Associates
of which he is President. 9:35 P.M.
Dr. John M. Bergmeyer, a resident at 11 Mountain Road, spoke in
opposition and filed a petition signed by 100 residents of the
immediate neighborhood opposed to this article. 9:38 P.M.
Lloyd Gilson, with the aid of slides, and Fred Morris, a resident
at 31 Robinson Road, both voiced their opposition. 9:47 P.M.
Roger Trudeau, a Town Meeting Member who lives in the area, said
that although he and his family had,and still do, use the
recreation land, he would vote in favor of this motion. 9:52 P.M.
Angela E. Frick, spoke for the Conservation Commission in opposition
as did Judith J. Uhrig for the Recreation Committee. 9:58 P.M.
Donald D. Wilson stated that, at the present time, the Lexington
Housing Authority has no plans or funds for housing. If this
motion is adopted, they will then look for funds and will check out
the possibilities for housing. 10.05 P.M.
Mary E. Shunney said that the Housing Authority had to have ownership
of the land before they can get any funding. 10:08 P.M.
Albert P. Zabin spoke in opposition to the motion. 10:13 P.M.
John F. Downey, Jr. moved the previous question which was declared
adopted by voice vote. 10:17 P.M.
Jonathan P. Doran requested a roll call vote on the main motion. The
Moderator asked that those members in favor of a roll call vote
stand to be counted. Results as follows:
Precinct In Favor Tellers
1 10 Sheila Busa- Tassone
2 5 Lynda A. Wik
3 3 Suanne C. Dillman
4 2 Peter C. J. Kelley
5 5 James L. Silva
6 2 Edith Sandy
(Adjourned Session of the 198 Annual Town Meeting - May 12 198
Article 51. (Standing vote on motion to have a roll call vote: (Cont.)
(Cont.)
Precinct In Favor Tell
7 8 Winifred L. L. Friedman
8 6 Suzanne S. Frank
9 7 John C. Eddison
At Large 9 John R. Campbell
Total 57
More than the required 50 members having voted in favor of
having a roll call vote, the Moderator stated that there would be
a call of the roll on the main motion as offered by Mrs. Swanson.
10:18 P.M.
As a former member of the Lexington Housing Authority, William
T. Spencer spoke in favor of the motion. 10:22 P.M.
Article 2. Frank Sandy voiced the unanimous opposition of the Planning Board
to Article 51. 10:25 P.M.
Article 51. The roll call vote on the main motion offered by Patricia A. Swanson
(Cont.) was taken by the Town Clerk, Mary R. McDonough, starting at 10:30 P.M.
and completed at 10:40 P.M. The final tally was completed at
10:44 P.M. with the following results:
(Final result announced by the Moderator at 10:44 P.M.)
ROLL CALL VOTE ON MAIN MOTION UN DER ARTIC 51
PRECINCT ONE YES NO ABSTAINED ABSENT
Joel A. Adler x
Nancy M. Adler x
John T. Avery x
James E. Barry x
Nancy L. Barter x
Robert E. Breslin x
Sheila Busa - Tassone x
James Cataldo x
Ralph A. Cataldo x
Sheila Clemon -Karp x
Mark Doran x
David F. Eagle x
Patricia K. Hagedorn x
Cornelia C. Johnson x
Ronald Levy x
William E. Maloney, Jr. x
Barry E. Sampson x
Marie T. Walton x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 9 8 0 4
PRECINCT TWO
Julian J. Bussgang x
Elizabeth H. Clarke x
Eric T. Clarke x
John Thomas Cunha x
Karen A. Docks x
George E. Foote x
Lillian T. MacArthur x
Barry H. Marshall x
Frank I. Michelman x
Michael J. O'Sullivan x
(Adjourn Session of the 1982 Annual Town Meeting - May 1.2, 1982.)
Article 51. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 51 (Cont.)
(Cont.)
PRECINCT TW (Cont.) YES NO ABSTAINED ABSENT
Elizabeth H. Pressman x
Arthur C. Smith x
Elaine M. Sullivan x
Patricia A. Swanson x
Judith J. Totman x
Christina J. Welch x
William S. Widnall x
Lynda A. Wik x
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x
TOTALS 4 12 0 5
PRE CINCT THREE
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Elizabeth M. Flynn x
Jean Gaudet x
Erna S. Greene x
Gloria V. Holland x
Donna M. Hooper x
Marjorie K. Madoff x
John J. McWeeney x
James P. Reilly x
Marian C. Reilly x
William A. Ridgley x
Paul V. Riffin x
Marie E. Roberts x
Robert I. Rotberg x
Jacquelyn R. Smith x
Richard W. Souza x
TOTALS 3 13 0 5
PRECINCT FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
William J. Dailey, Jr, x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Martin A. Gilman x
Georgia S. Glick x
Joyce Hals x
Peter C. J. Kelley x
Daniel L. McCabe x
Richard F. Perry x
Margaret F. Rawls x
Joseph O. Rooney x
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
George P. Wadsworth x
Martin K. White x
Germania B. Whiting X
TOTALS 5 14 0 2
15 (Adjo Session of the 1982 Annual Town Meeting - May 12, 1982.)
Article 51. ROLL CALL V OTE ON MAIN MOTION UNDER ARTICLE 51. (Cont.)
(Cont.)
PRECINCT FIV YES NO ABSTAINED ABSENT
Florence A. Baturin x
Steven A. Clark x
Howard Cravis x
Wallace Cupp x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William M. Eraser x
Joseph F. Gilbert, Jr. x
Paul E. Hamburger x
John Orin Hayward x
Leona W. Martin x
George F. McCormack x
Stephen W. Miller x
Madeline A. Shaughnessy x
James L. Silva x
Edgar R. Stuhr x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
Mary Kathryn Wolf x
TOTALS 2 18 0 1
PRE CINCT SIX
Earl F. Baldwin, Jr. x
Susan S. Beck x
Margaret N. Brooke x
Levi G. Burnell x
J. Keith Butters x
John F. Downey, Jr. x
Thomas E. Fortmann x
Harry A. Hall, III x
Judith B. Marshall x
Paul W. Marshall x
James L. McDevitt x
Ruth Joyce Nablo "� x
Sam V. Nablo x
Setha G. Olson x
William R. Page x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
Donald B. White x
John S. Willson x
TOTALS 6 12 0 3
PRECINCT SEV
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Renee T. Cochin x
Manfred P. Friedman x -.
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Martin L. Hagerty x
Mary W. Miley x
Myron L. Miller x
Alice M. Pierce x
David Reiner x
William J. Scouler x
John E. Taylor x
Roger G. Trudeau x
(Adjourned Session of the 1982 Annual Town Meeting - May 12, 1982,.)
Article 51. ROLL CALL VOTE ON THE MAIN MOTION UNDER ARTICLE 51. ' (Cont.)
(Cont.)
PRECINCT SEVEN ( Cont.) YES NO ABSTAINED ABSENT
Jacquelyn H. Ward x
John E. Ward x
Graydon M. Wheaton x
Iris G. Wheaton x
Martha C. Wood x
TOTALS 2 16 0 3
PRECINCT EIGHT
Richard H. Battin x
G. Richard Beamon x
Robert E. Bond x
Charles E. Connolly x
Charles E. Connolly, Jr. x
William P. Fitzgerald x
Suzanne S. Frank x
Ione D. Garing x
Walter N. Leutz x
Anthony L. Mancini x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
Jack Sarmanian x
Anne R. Scigliano x
Mary E. Shunney x
Richardson C. Smith x
Carolyn H. Tiffany x
Stanley E. Toye x
TOTALS 4 11 0 6
PRECINCT NINE
Alice J. Adler x
Kenneth O. Alves x
Gordon E. Barnes, Jr. x
Jane P. Buckley x
:roan N. L. Collins x
Louise G. R. Colwell x
Ronald W. Colwell x
Louis E. Conrad x
Anna P. Currin x
John C. Eddison x
James J. Findley x
Deborah B. Green x
William P. Kennedy x
Iris E. Larssen x
Paul E. Mazerall x
Richard M. Perry x
Daniel E. Power x
Susan J. Ricci x
Fred D. Rosenberg x
James J. Scanlon x
Donald J. Shaw x
TOTALS 3 13 0 5
$ 15 4 (Adjo Session of the 1982 Annual Town M - May 12 1982.)
Article 51. ROLL CALL VOTE ON THE MAIN MO TION UNDER ARTICLE 51. (Cont.)
(Cont.)
TOWN MEETING MEMBERS AT L ARGE YES NO ABSTAINED ABSENT
Margery M. Battin x
James C. Beck x
Alfred S. Busa x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
James F. Crain x
Stephen W. Doran x
Mary R. McDonough x
Stephen Michael Politi x
Robert F. Sacco x
Louis A. 2.ehner x
TOTALS 1 7 2 1
TOTAL TALLY OF ROLL CALL VOTE
PRECINCT YES NO ABSTAINED ABSENT TO'T'ALS
1 9 8 0 4 21
2 4 12 0 5 21.
3 3 13 0 5 21
4 5 14 0 2 21
5 2 18 0 1 21
6 6 12 0 3 21
7 2 16 0 3 21
8 4 11 0 6 21
9 3 13 0 5 21
At Large 1 7 2 1 11
TOTALS 39 124 2 35 200
The Moderator declared. that the main motion under Article 51 as
offered by Mrs. Swanson was not adopted. 10:45 P.M.
Alfred S. Busa moved that this meeting be adjourned to Monday, May 17, 1982 .
at 8 P.M. in Cary Memorial Hall at 8 P.M. This motion was adopted by voice
vote. 10:45 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSI OF THE 1982 ANNUAL TOWN MEETING _ of
MAY 17, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial Hall and was immediately recessed subject to the call of
the Chair. The meeting was reconvened at 8:14 P.M.
There were 167 Town Meeting Members . present.
The invocation was offered by Rabbi Richard I. Meirowitz of the Temple
Emunah. 8:15 P.M.
Article 2. Steven A. Clark moved that the Accessory Apartment Committee Report
be accepted and placed on file.
Adopted unanimously. 8:17 P.M.
Alfred S. Busa, Chairman of the Board of selectmen, reported that
he planned to move that Articles 52 and 53 be tabled and that they
would be brought before the meeting on June 16, 1982. He added
that the Planning Board had to hold a public hearing.
8:17 P.M.
Margaret F. Rawls asked when the Planning Board planned to have
the hearing on Article 53. Frank Sandy, Chairman of the Planning
Board, answered that the public notice would be in this week's
(May 20, 1982) Lexington Minute -man and that the hearing would be
held on June 3, 1982 at 7:30 P.M. in this hall.
8:18 P.M.
Article 52. MUZZEY CONVEYANCE
(See Alfred S. Busa moved that Article 52 be tabled.
Pages
173 - Adopted unanimously. 8:19 P.M.
175.)
Article 53. REZONE RS TO CD, CONTROLLED COMMERCIAL,
(See MUZZEY JUNIOR HIGH SCHOOL
Pages
171 - Alfred S. Busa moved that Article 53 be tabled.
173.)
Adopted unanimously. 8:19 P.M.
Article 2. James F. Crain, Selectman, informed the meeting that the report
on the Adams School (Articles 54 and 55) was on the back table
and he hoped that the Town Meeting Members would take advantage of
it and if there were any questions during the day, Beatrice Phair
should be contacted at the Town Hall. lie added that a motion for
indefinite postponement would be offered under Article 56.
8:19 P.M.
Article 54. ADAMS- EXTEND HISTORIC DISTRICT
Presented by James F. Crain.
(See MOTION: That the Selectmen be and they hereby are authorized to
Chapter petition the General Court for an act to amend Chapter 447 of the
375 - Acts of 1956, as amended, to expand the East Village District to
Acts of include the Adams School property.
1982.) 8:22 P.M.
Mr. Crain voiced the unanimous approval of the Board of Selectmen as did
Martin A. Gilman for the Lexington Historical Commission. 8:26 P.M.
Mr. Crain's motion was declared adopted by voice vote. 8:27 P.M.
5 6 (Adjourned Session of the 1982 Annual Meeting - May 17, 1982.)
Article 55. ADAMS CONVEYANCE
(See James F. Crain moved that Article 55 be tabled.
Pages
167 & 168) Adopted unanimously. 8:27 P.M.
Article 56. REZONE RT TO CD, CONTROLLED
COMMERCIAL DISTRICT, ADAMS SCHOOL
Presented by James F. Crain.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 8:27 P.M.
Stephen Michael Politi moved that Article 46 be taken off the table. This
motion was adopted unanimously. 8:28 P.M.
(See Pages 113 and 135.)
Article 46. ACCEPT CH. 59, SEC. 5, CL. 17C
Presented by Stephen Michael Politi.
(See MOTION: That this article be indefinitely postponed. (This motion
Page was presented by Mr. Politi at the April 26, 1982 session of this
157 town meeting - see page 113.)
for
motion Stephen W. Doran, James E. Barry, William R. Page and Elaine Dratch
as spoke against indefinite postponement of Article 46 and in favor of
adopted) the acceptance of Chapter 59, Section 5, Clause 17C.
8:46 P.M.
Selectman James F. Crain supported the motion to indefinitely
postpone. 8:48 P.M.
In answer to a question raised by William T. Spencer, Mr. Politi
stated that there is no statutory amount as far as abatement goes.
He added that there are no guidelines in the law. It is up to the
discretion of the individual Board of Assessors. 8:52 P.M.
William J. Scouler asked how many dolla.rswould be involved and
Mr. Politi answered that, at the present time, there are 34
applicants with an approximate figure of $6,400. 8:58 P.M.
Ephraim Weiss and J. Keith Butters spoke against indefinite post-
ponement and Town Manager, Robert M. Hutchinson, Jr. spoke in favor.
9:04 P.M.
James E. Barry asked that a roll call vote be taken on the motion to
indefinitely postpone Article 46 but less than the required 50 members
were in favor so the Modera.tor ruled that a call of the roll would
not be taken. 9:07 P.M.
Jacquelyn H. Ward spoke in favor. of .indefinite postponement.
9:08 P.M.
Ronald Levy asked the Appropriation Committee for their recommendation.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
stated that his committee had met with the Council on Aging earlier
this year and that the Council was not concerned. He added that
the Appropriation Committee is in favor_ of the motion to indefinitely
postpone Article 46. 9:09 P.M.
Suzanne S. Frank felt that there might be people in town, including
minors, who would not be aware that they could file for an abate -
ment and that a notice should be put with the tax bill when it is
being mailed. 9:15 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - May 17, 19 82)
Article 46. When asked by Patricia K. Hagedorn what the definition of "truly
(Cont.) needy" was, Mr. Politi answered that it was not up to the Board of
Selectmen to make that determination - that was the responsibility
of the Board of Assessors. 9:17 P.M.
John F. Downey, Jr. moved the previous question. This motion
was adopted by voice vote. 9:20 P.M.
Motion to indefinitely postpone Article 46, as offered by Mr. Politi,
was declared adopted by voice vote, which was doubted by more than
20 members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 4 Sheila Busa- Tassone 14
2 7 Lynda A. Wik 5
3 7 Suanne C. Dillman 9
4 10 Peter C. J. Kelley 4
5 7 James L. Silva 12
6 3 Edith Sandy 13
7 5 Winifred L. L. Friedman 8
8 4 Suzanne S. Frank 8
9 6 John C. Eddison 14
At Large 19 John R. Campbell 2
Totals 72 89
Motion to indefinitely postpone Article 46 does not prevail.
9:25 P.M.
Stephen Michael Politi offered the following motion under Article 46:
(As MOTION: That the Town accept Clause Seventeenth C of Section 5 of
adopted) Chapter 59 of the General Laws.
9:25 P.M.
(CHAPTER 59, SECTION 5 G.L. CERTAIN PROPERTY A ND POLLS EX
CLAUSE 17C. REAL ESTATE.) �~
Mr. Politi's motion was declared adopted by voice vote. 9:25 P.M.
Article 57. SPECIAL PERMITS, TRAFFIC CONSIDERATIONS
Presented by Frank Sandy.
(See Pg. MOTION: That the Zoning By -Law of the Town be amended as set forth
158 for in the motion attached to the report of the Planning Board on this
motion article. 9:27 P.M.
as
adopted)
(Article 57 as set forth in the motion attached to the report of
the Planning Board on this article:
MOTION: That the Zoning By -Law be amended by striking from Section
3.4 SPECIAL PERMIT WITH SITE PLAN REVIEW (SPS) the second sentence
and inserting in place thereof the following two sentences:
"In such cases, a special permit may be issued only if the SPCA
makes a finding and determination that: 1) the proposed placement
of buildings, 2) major topographic changes, 3) surface and ground
water drainage and erosion control, 4) protection against flooding
and inundation, 5) prevention of water pollution and environmental
damage, 6) provision for adequate utility services and waste
disposal, 7) provision for off - street parking, 8) provision for
off- street loading, 9) location of intersections of driveways
and streets, and 10) effects of traffic created by the develop-
ment on adjacent streets, will constitute a suitable development
and will not result in substantial detriment to the neighborhood.
In making a finding and determination, the SPGA shall consider
:q1 11. (Adjour Session of the 1982 Annual Town Meeting - May 17 198
Article 57.(Article 57 as set forth in the motion attached to the report of the
(Cont.) Planning Board on this article: (Cont.)
the effects of additional traffic created by the development on
adjacent streets and prior to granting an SPS shall make a finding
that the traffic capacity of the streets adjacent to the develop-
ment is adequate to handle the additional traffic created by the
development. ")
Frank Sandy filed the Planning Board Report on Article 57. 9:35 P.M.
Frank Sandy stated that the Planning Board unanimously supported
this article and recommended its approval by Town Meeting.
9:35 P.M.
Elaine D.r_atch moved to amend as follows:
Remove the .period at the end and add:
and that the amount of traffic generated by the new development
will not adversely affect the adjoining neighborhoods.
9:44 P.M.
Mrs. Dratch, with the unanimous consent of the meeting, withdrew
her motion to amend. 9:49 P.M.
Martin L. Hagerty voiced concern over the legalities. Town Counsel,
Norman P. Cohen answered that he agreed with the way Mr. Sandy had
presented this article. He added that while they could consider
traffic in their site plan review, they could not consider traffic
on adjacent streets. 9:52 P.M.
Motion under Article 57 was declared adopted unanimously. 9:53 P.M.
Adopted motion under Article 57 reads as follows:
(As MOTION: That the Zoning By -Law be amended by striking from Section
adopted) 3.4 SPECIAL PERMIT WITH SITE PLAN REVIEW (SPS) the second sentence
and inserting in place thereof the following two sentences:
(Approved
by Atty. "In such cases, a special permit may be issued only if the SPGA
General, makes a finding and determination that: 1) the proposed place -
Oct. 15, ment of buildings, 2) major topographic changes, 3) surface and
1982, ground water drainage and erosion control, 4) protection against
Posted in flooding and inundation, 5) prevention of water pollution and
Town environmental damage, 6) provision for adequate utility services
Office and waste disposal, 7) provision for off - street parking, 8) provi-
Building sion for off- street loading, 9) location of intersections of
& nine driveways and streets, and 10) effects of traffic created by the
precincts development on adjacent streets, will constitute a suitable
on Nov. 3, development and will not result in substantial detriment to the
1982.) neighborhood. In making a finding and determination, the SPCA
shall consider the effects of additional traffic created by the
development on adjacent streets and prior to granting an SPS
shall make a finding that the traffic capacity of the streets
adjacent to the development is adequate to handle the additional
traffic created by the development."
Adopted unanimously. 9:53 P.M.
Article 58. TIME OF HEARING, CONVERSION
OF MUNICIPAL BUILDINGS
Presented by Judith J. Uhrig.
(See MOTION: That the Zoning By -Law of the Town be amended as set forth
Page in the article. 9:54 P.M.
160 for
motion (Article 58 as set forth in the article:
as
adopted) To see if the Town will vote to amend the Zoning By -Law in Section
9.3.3, which deals with a public hearing by the Planning Board on
a development proposal to convert a municipal building, by striking
in its entirety paragraph 9.3.3, which reads:
(Adjourned Ses o t he 1982 Annua T own Meetin - May 17, 1982.)
Article 58. (Article 58 as set forth in the article: (Cont.)
(Cont.)
9.3.3 PUBLIC HEARING PRIOR TO TOWN MEETING
The Planning Board shall hold a public hearing on a
development proposal prior to Town Meeting. The procedure
for such public hearings shall be governed by the procedure
governing hearings on proposed amendments to the Zoning
By -Law.
and inserting in place thereof the following:
9.3.3 PUBLIC HEARING BY THE PLANNING BOARD
The Planning Board shall hold a public hearing on a
development proposal prior to a vote on the development
plan by the Town Meeting. The procedure for such public
hearing shall be the same as the procedure for proposed
amendments to the Zoning By -Law.
and by changing the order and number of the following paragraphs
in Section 9.3:
9.3.2, 9.3.4, and 9.3.6 so that the order of paragraphs in
Section 9.3, as amended, will be:
9.3.1 GENERAL OBJECTIVES
9.3.2 PERMITTED TYPES OF HOUSING
9.3.3 PUBLIC HEARING BY THE PLANNING BOARD
9.3.4 PLANNING BOARD REPORT TO TOWN MEETING
9.3.5 PLAN SUBMITTED TO TOWN MEETING
9.3.6 SPGA
or act in any other manner in relation thereto.)
Mrs. Uhrig filed the report of the Planning Board on Article 58.
9:56 P.M.
Mrs. Uhrig stated that the Planning Board unanimously supported this
article and recommended that it be approved by the Town Meeting.
9:56 P.M.
Margaret F. Rawls moved that the motion under Article 58 be
amended by substituting the following first sentence in Section
9.3.3: "The Planning Board shall hold a public hearing on the
development proposal prior to the first deliberative session of
Town Meeting." 9:58 P.M.
The Moderator called a five minute recess at 10:03 P.M. and re-
convened the meeting at 10:12 P.M.
Selectman Alfred S. Busa urged defeat of the amendment and Albert P.
Zabin and Manfred P. Friedman, both former members of the Planning
Board, supported the amendment - Mrs. Rawl's amendment.
10:17 P.M.
In answer to a question raised by Julian J. Bussgang, Town Counsel,
Norman P. Cohen stated that this article would not have any affect
on this town meeting. 10:18 P.M.
Mrs. Rawl's motion to amend Article 58 was declared adopted by
voice vote. 10:19 P.M.
V l�! (Adjourned Sessio of the 198 Annual Town Meeting held May 17, 1982.)
Article 58. Main motion, as amended by Mrs. Rawls, now .reads:
(Cont.)
MOTION: That the Zoning By -Law be amended in Section 9.3.3, which
(As deals with a public hearing by the Planning Board on a development
adopted) proposal to convert a municipal building, by striking in its
entirety paragraph 9.3.3, which reads:
(Approved
by Atty. 9.3.3 PUBLIC HEARING PRIOR TO TOWN MEETING
General,
Oct. 15, The Planning Board shall hold a public hearing on a develop -
1982. ment proposal prior. to Town Meeting. The procedure for
such public hearings shall be governed by the procedure
Posted in governing hearings on proposed amendments to the Zoning
Town By -Law.
office
Building and inserting in place thereof the following:
& nine
precincts 9.3.3 PUBLIC HEARING BY THE PLANNING BOARD
on Nov. 3,
1982.) The Planning Board shall hold a public hearing on the
development proposal prior to the first deliberative
session of Town Meeting. The procedure for such public
hearing shall be the same as the procedure for proposed.
amendments to the Zoning By -Law.
and by changing the order and number of the following paragraphs in
Section 9.3:
9.3.2, 9.3.4, and 9.3.6 so that the order of paragraphs in
Section 9.3, as amended, will be:
9.3.1 GENERAL OBJECTIVES
9.3.2 PERMITTED TYPES OF HOUSING
9.3.3 PUBLIC HEARING BY THE PLANNING BOARD
9.3.4 PLANNING BOARD REPORT TO TOWN MEETING
9.3.5 PLAN SUBMITTED TO TOWN MEETING
9.3.6 SPCA
Main motion, as amended, declared adopted unanimously.
10:19 P.M.
Article 59. (See Page 140.) REZONE TO CD, MARRETT ROAD
NEAR MINUTEMAN SCHOOL
Article 60. (See Pages 137 to 139.) REZONE TO CD, MARRETT ROAD
AT LINCOLN STREET
Article 61. REZONE TO CD, HARTWELL
AVENUE AND WOOD STREET
Frank Sandy moved that Article 61 be deferred to the next session of
this town meeting. 10:19 P.M.
Martin L. Hagerty felt that there should be time for the Town Meeting
to read and digest any information available on this article.
Mr. Sandy answered that if the next session was on Wednesday (May 19)
there would not be time to have any information mailed but that it
would be on the table in the back of the hall. If the next session
of this meeting was to be on next Monday, (May 24), the Planning
Board should have time to mail the information to the Town Meeting
Members. 10:21 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) 161
Article 61. Alfred S. Busa moved that when this meeting is adjourned, that
(Cont.) it be adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial
Hall. 10:23 P.M.
Robert I. Rotberg moved that this meeting be adjourned to Wednesday,
May 19, 1982 at 8 P.M. 10:27 P.M.
Voice vote on Mr. Rotberg's motion was doubted by the Moderator,
so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 2 Sheila Busa - Tassone No
2 0 Lynda A. Wik
3 9 Suanne C. Dillman vote
4 6 Peter C. J. Kelley
5 12 James L. Silva taken.
6 6 Edith Sandy
7 7 Winifred L. L. Friedman
8 5 Suzanne S. Frank
9 14 John C. Eddison
At Large 6 John R. Campbell
Total 67
There was confusion among the Town Meeting Members as to what the
standing vote was for, so the Moderator, after explaining that
the vote was on Mr. Rotberg's motion to adjourn to Wednesday,
May 19, 1982 at 8 P.M., asked that the standing vote be repeated
with results as follows:
Precinct In Favor T ellers Opposed
1 2 Sheila Busa- Tassone 1.3
2 0 Lynda A. Wik 15
3 8 Suanne C. Dillman 6
4 6 Peter C. J. Kelley 8
5 12 James L. Silva 5
6 6 Edith Sandy 9
7 3 Winifred L. L. Friedman 8
8 3 Suzanne S. Frank 8
9 14 John C. Eddison 3
At Large 4 John R. Campbell 14
Totals 58 89
Mr. Rotberg's motion to adjourn to Wednesday, May 19, 1982 at 8 P.M.
does not prevail. 10:31 P.M.
Mr. Busa's motion that when this meeting is adjourned, that it be
adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall
was voted on, but the voice vote was doubted so a standing vote was
taken as follows: (voice vote had been declared adopted)
Precinct In Favor Tellers Opposed
1 14 Sheila Busa- Tassone 3
2 10 Lynda A. wik 4
3 1 Suanne C. Dillman 15
4 7 Peter C. J. Kelley 6
5 11 James L. Silva 6
6 5 Edith Sandy 9
-- 7 7 Winifred L. L. Friedman 5
8 7 Suzanne S. Frank 4
9 4 John C. Eddison 12
At Large 14 John R. Campbell 6
Totals 80 70
Mr. Busa's motion that when this meeting is adjourned, that it be
adjourned to Monday, May 24, 1982 at 8 P.M. in Cary Memorial Hall
was declared adopted. 10:34 P.M.
(� S ession of th 1982 A l
(Ad'o d S An nual Town Meeting - May 1 7, 1982.)
Article 61.
(Cont.)
Richard A. Michelson served notice of reconsideration of Mr. Busa's
motion that when the meeting is adjourned that it be adjourned to
Monday, May 24, 1982 at 8 P.M. 10:35 P.M.
Martin L. Hagerty moved to amend Mr. Sandy's original motion but
immediately withdrew his motion. 10:36 P.M.
Martin L. Hagerty again moved to amend Mr. Sandy's original motion
by moving to postpone action on Article 61 until June 16, 1982.
10:40 P.M.
Frank Sandy stated that postponing action on Article 61 was
agreeable to him but James E. Barry said that if too many articles
were postponed to June 16, 1982 that it would be July 16, 1982
before the 1982 Annual Town Meeting would be completed.
10:40 P.M.
Mr. Hagerty's motion was declared lost by voice vote. 10:40 P.M.
Mr. Sandy's motion to postpone action on Article 61 until the next
session was declared adopted by voice vote. 10:40 P.M.
(The next session will be on May 24, 1982 as previously voted -
See Page 161.)
(See Pages 164 -166.)
Alfred S. Busa moved that this meeting be adjourned at this time to the date
previously set (See Page 161.). This motion was declared lost by voice vote.
10:41 P.M.
Article 62. REZONE TO RD, WALTHAM ST.,
NEAR TOWN LINE
Presented by Frank Sandy.
(Not MOTION: That the Town amend the Zoning By -Law by changing the
adopted) district designation from RO, One - Family Dwelling, to RD, Multi. -
Family Dwelling, of land on the easterly side of Waltham Street,
near the Waltham City line, bounded and described as set forth in
Article 62 of the Warrant for the 1982 Annual Town Meeting.
10:42 P.M.
(Article 62 as set forth in Article 62 of the Warrant for the 1982
Annual Town Meeting:
To see if the Town will vote to amend the Zoning By -Law by changing
the district designation from RO, One - Family Dwelling to RD,
Multi - Family Dwelling, of land on the easterly side of Waltham
Street, near the Waltham City line, bounded and described as follows:
WESTERLY by Waltham Street, three hundred sixty (360)
feet, more or less;
NORTHERLY by land of Kasparian, three hundred sixty - eight
(368) feet;
WESTERLY & by land of Kasparian and Brash to land now or
NORTHERLY formerly of Ballou; two hundred twenty (220)
feet, more or less; - -.
EASTERLY by land formerly of Ballou, six and 06/100
(6.06) feet;
NORTHERLY by land formerly of Ballou, one hundred twelve
and 07/100 (112.07) feet;
EASTERLY by land formerly of Ballou and by land of the
Town of Lexington, five hundred sixty -six and
35/100 (566.35) feet;
SOUTHERLY by land of the Town of Lexington, one hundred.
nine and 30/100 (109.30) feet;
(Adjourned Session of the 1982 Annual Town Meeting - May 17, 1982.) -16 +
Article 62. (Article 62 as set forth in Article 62 of the Warrant for the 1982
(Cont.) Annual Town Meeting; (Cont.)
EASTERLY by land of the Town of Lexington, fourteen and
33/100 (14.33) feet;
NORTHEASTERLY by land of the Town of Lexington one hundred
eighteen (118) feet, more or less, to land of
DeVincent;
SOUTHEASTERLY by land of DeVincent, fifty -seven (57) feet;
SOUTHWESTERLY by land of Ricci, three hundred eighty -five (385)
feet, more or less to the center line of the
brook;
SOUTHERLY by land of Ricci, two hundred twenty -one (221)
feet, more or less;
SOUTHEASTERLY by land of Ricci, one hundred thirty -seven (137)
feet to the center line of the old county road;
SOUTHWESTERLY by the center line of the old county road
ninety -two (92) feet;
SOUTHERLY by land of Ricci, forty (40) feet, more or less;
SOUTHERLY by land of Ricci, one hundred (100) feet, more
or less to Waltham Street and the point of
beginning.
comprising 6.75 acres, more or less, all such distances and
measurements being approximate;
or act in any other manner in relation thereto.)
Frank Sandy filed the Planning Board Report covering Article 62.
10:42 P.M.
Mr. Sandy explained that the Planning Board does not support this
article and recommended unanimously that the Town Meeting not approve
it. He added that this is the third consecutive year that there ha.s
been an article for rezoning this land. He said that the Planning
Board recommends that this article be brought to a vote by the Town
Meeting (and defeated) so that Section 5 of Chapter 40A, The Zoning
Act, will then be in effect. That section, which seeks to prevent
repetetive petitions, provides that "no proposed zoning .... by-law
which has been unfavorably acted upon by a... town meeting shall be
considered by the ...... town meeting within two years after the
date of such unfavorable action unless the adoption of such proposed..
..by -law is recommended in the final report of the planning board."
10:44 P.M.
Jacqueline B. Davison asked that Malcolm Kasparian,.an abutter to the
property in question, be recognized. Mr. Kasparian showed slides of
the area on Waltham Street to back up his voiced opposition. He urged
defeat of this article. 11:01 P.M.
Charles E. Connolly moved the previous question which was declared
adopted by voice vote. 11:02 P.M.
Main motion, as offered by Mr. Sandy, was declared lost unanimously.
11:02 P.M.
Patricia K. Hagedorn served notice of reconsideration of Article 62.
11:03 P.M.
be adjourned
Manfred P. Friedman moved that this meetin /to Monday, May 24, 1982 at 8 P.M.
in Cary Memorial Hall. 11:03 P.M.
Arthur C. Smith asked Selectman James F. Crain if the Adams School Conveyance
was going to be brought up next Monday and Mr. Crain answered in the affirmative.
Mr. Friedman's motion to adjourn to Monday, May 24, 1982 at 8 P.M. in Cary
Memorial Hall was adopted by voice vote. 11:05 P.M.
A true copy. /1n
Attest: / deer n
ar R. McDonough., 'Pow, Clerk
ADJOURNED SES SION OF THE 1982 ANNUAL TOWN MEETING
MAY 24, 198
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial and immediately recessed subject to the call of the
Chair. The meeting was reconvened at 8:12 P.M.
There were 169 Town Meeting Members present.
The invocation was offered by Reverend Father Martin U. McCabe, pastor of
the Sacred Heart Church. 8:13 P.M.
Article 61. (See Pages 160 - 162.) REZONE TO CD, HARTWELL AVENUE
AND WOOD STREET
Presented by Michael J. O'Sullivan.
MOTION: That the Town amend the Zoning By -Law by changing the
(As district designation from RO, One Family Dwelling and CM, Manufacr
adopted) turing and Research Park, to CD, Controlled Commercial and Industrial,
of land on Hartwell Avenue, near the intersection of Hartwell Avenue
(Approved and Wood Street, being a portion of land commonly known as the
by Atty. Cosgrove property, bounded and described as follows:
General,
Oct. 15, Beginning at a point a.lonq the easterly sideline of Hartwell.
1982• Avenue, said point being 843 feet northeasterly from the northerly
Posted in sideline of Wood Street;
Town
Office thence northeasterly along the easterly sideline of Hartwell Avenue
Building a distance of 205 feet;
& nine
precincts thence northeasterly along the property line of land now or formerly
on Nov. 3, of Hartwell Realty a distance of 111 feet;
1982.)
thence southeasterly, continuing along the property line of land now
or formerly of Hartwell Realty, a distance of 249 feet;
thence northeasterly, continuing along the . property line of land now
or formerly of Hartwell Realty, a distance of 844 feet to the middle
of Shawsheen Brook;
thence southerly along the middle of Shawsheen Brook a. distance
of 470 feet;
thence southwesterly along the property line of land now or formerly
of the Town of Lexington a distance of 773 feet;
thence northwesterly through the property line of land now or
formerly of Cosgrove a distance of 750 feet to the easterly sideline
of Hartwell Avenue and the point of beginning; containing an area of
approximately 11.7 acres; all such distances being approximate.
Said land is shown on a plan entitled "Plan of Zoning Lexington,
Mass." dated April 26, 1982, a copy of which is on file with the
Lexington Town Clerk, such land to be re-zoned being a portion of
two contiguous parcels of land in Lexington lying on the easterly
side of Hartwell Avenue, those two contiguous parcels being Lot 12
on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lex-
ington, Mass." by F. P. Cutter, Surveyor, recorded with Middlesex
South District Registry of Deeds on June 9, 1897, in Plan Book 104,
Page 24, a copy of which is on file with the Town Clerk, and being
Lot 31 on Land Court Plan No. 6686W, filed with Certificate of
Title No. 8835, South Registry District of Middlesex County, a copy
of which is on file with the Town Clerk.
The preliminary site development and use plan for such zoning
district shall be the plan dated May 19, 1982 filed with the Town
Clerk. 8:18 P.M.
Julian J. Bussgang was recognized and he stated that he would abstain
from voting on Article 61. Written notification was filed by
Christine J. Welch and Alice M. Pierce both stating that they were
abstaining from voting on this article. 8:18 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - May 24, 1982.)
Article 61. (On May 25, 1982, the day after town meeting, the following was
(Cont.) filed with the Town Clerk by the clerk from the Planning Board:
S TIPULATI ON
We, Marie Maguire, James Cosgrove and Eleanor Cosgrove, hereby
stipulate that we will not build, develop or change the natural
state of Parcel C as shown on the Illustrative Site Plan and Set-
back Plan both dated April 26, 1982, drawn by Beckstoffer &
Associates, as submitted by Spaulding & Sly Corporation to the
Lexington Planning Board.
We further stipulate that upon approval of the CD rezoning, Lot
C will not be developed: no building, structure, sign or paving
may be constructed or installed on Lot C. Any sale or transfer
of rights or interest in Lot C shall include a condition that
successors or assigns are bound to the terms and conditions of
this site development and use plan.
Dated: May 24, 1982 /Signed/ Marie Maguire
/Signed/ James V. Cosgrove
/Signed/ Eleanor M. Cosgrove)
Judith J. Uhrig filed written notice that she would abstain from
voting on Article 61.
Julian J. Bussgang spoke as President of Signatron and gave the
history of the company which employs one hundred employees. He
showed vicinity maps and said that Lot C would not be developed under
the CD zone. 8:30 P.M.
Herman Beckstoffer of Beckstoffer & Associates, Architects and
Planners, gave a further explanation of the proposal of this three
story building . 8:35 P.M.
Mr. Bussgang went on to explain that there would be approximately
45 cars arriving at the peak hour t.raffic,and that parking will be
restricted in the parking lot from 7:30 A.M. to 8:30 A.M.
8:43 P.M.
Karsten Sorensen filed the Report of the Planning Board on Article 61
and he stated that the Planning Board unanimously supported this article.
8:46 P.M.
Martin L. Hagerty questioned the restrictions on the parking in the
early morning and spoke against the article. 9 P.M.
David G. Williams voiced the concern of the Conservation Commission
about the sensitivity of the site. 9:03 P.M.
Margaret F. Rawls questioned the drainage and wondered how the water
was to be controlled. She added that she did not see the need for any
more commercial rezoning. 9:07 P.M.
Mr. Berkstoffer explained that there would be a three foot high dike
and he did not expect any flooding in the parking lot. 9:10 P.M.
Patricia K. Hagedorn and Ronald W. Colwell voiced their approval and
James E. Barry spoke in opposition. 9:17 P.M.
Alfred S. Busa stated that the Board of Selectmen unanimously
support this article. 9:20 P.M.
Voice vote on Mr. O'Sullivan's main motion was not unanimous so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 15 Sheila Busa - Tassone 2
2 1.8 Lynda A. Wik 0
3 17 Suanne C. Dillman 1
4 6 Peter C. J. Kelley 5
5 13 James L. Silva 3
6 18 Edith Sandy 1
:lJlh (Adjourned Session of the 1 Town Meeting - May 24, 1.982.)
Article 61. Standing vote on Mr. O'Sullivan's main motion (Cont.)
(Cont.)
Precinct In Favor Tellers Opposed
7 4 Winifred L. L. Friedman 11
8 14 Suzanne S. Prank 4
9 5 John C. Eddison 11
At Large 16 John R. Campbell 0
Totals 126 38
More than the required two - thirds having voted in favor, the main
motion as presented by Mr. O'Sullivan was declared adopted.
9:24 P.M.
Article 62. (See Pages 162 & 163.) REZONE TO RD, WALTHAM ST.,
NEAR TOWN LINE
Article 63. REZONE TO CD, HAYDEN AVE.
NEAR ROUTE 2 RAMP
(See Michael J. O'Sullivan moved that Article 63 be tabled.
Pages
170 & Adopted unanimously. 9 :24 P.M.
171.)
(Karsten Sorensen filed the Report of the Planning Board on Article
63 under Article 64. - See Page 167.)
Article 64. REZONE TO CR, HAYDEN AVE.
NEAR ROUTE 2 RAMP
Presented by Michael J. O'Sullivan.
(Not MOTION: That the Town vote to amend the Zoning By -Law and Zoning
adopted) Map by changing the district designation from RO -One Family
Dwelling District to CR- Office and Research Park District of land
located on the southerly side of Hayden Avenue, which land is a
portion of Lot 19 shown on Assessors Map No. 17 and is further_
described in said Article 64.
9:25 P.M.
(Article 64 as further described in said Article 64:
....being more particularly bounded and described as follows:
Northerly, by Hayden Avenue, one hundred (100) feet;
Easterly, by land of the Town of Lexington, one hundred
thirteen and 17 /100 (113.17) feet,
Southerly, by Route 2 (being the Cambridge- Concord Highway)
one hundred forty -six and 55/100 (146.55)feet, and
Westerly, by land of the Trustees of Rose -Mal Realty Trust,
one hundred fifty -eight and 20/100 (158.20) feet.
Said land is shown on a plan entitled "Plan of Land on Hayden
Avenue, Lexington, Massachusetts, for Proposed Rezoning by the
Trustees of Rose -Mal Realty Trust ", dated December 28, 1981,
prepared by Whitman & Howard, Inc., Engineers, Paul J. DeSimone,
Registered Land Surveyor.)
t
j
i
i
Elizabeth M. Barabush served notice of reconsideration of Article 61.
9:25 P.M.
(Adjourned Session of the 1982 Annual Town Me eting - May 24, 1982.) 11 , 617 , ®'
Article 64. At the request of Mr. O'Sullivan, Luigi R. DiNapoli was recognized
(Cont.) and he gave a brief explanation of the article. 9:28 P.M.
Karsten Sorensen filed the Reports of the Planning Board covering
Articles 63 and 64. Mr. Sorensen voiced the approval of a majority
of the Planning Board on Article 64. 9:30 P.M.
Jacqueline B. Davison spoke for thirteen members of Precinct Three
in opposition to the article. 9:33 P.M.
Also speaking in opposition was Albert P. Zabin and Fred D. Rosen-
berg. Charles E. Connolly, Jr. spoke in favor. 9:40 P.M.
Frank Sandy, as a minority member of the Planning Board, spoke
against passage of this article. He added that the Board of Appeals
should never have granted the variance. 9:44 P.M.
John Orin Hayward asked if the motion is adopted, would the
proponents go back to the Board of Appeals to expand the building.
Mr. DiNapoli said no, that he had no intention of expanding the
building and agreed to put that statement in writing to the
Planning Board, as requested by Mr. Hayward. 9:50 P.M.
Voice vote on the main motion, as presented by Michael J.
O'Sullivan, was not unanimous, so a standing vote taken as follows:
Precinct In Favor Tellers Abstained Opposed
1 5 Sheila Busa- Tassone 2 9
2 9 Lynda A. Wik 10
3 3 Suanne C. Dillman 15
4 3 Peter C. J. Kelley 7
5 4 James L. Silva 12
6 2 Edith Sandy 15
7 0 Winifred L. L. Friedman 15
8 8 Suzanne S. Frank 8
9 0 John C. Eddison 15
At Large 14 John R. Campbell 3
Totals 48 109
Less than the required two - thirds having voted in favor, the main
motion, as presented by Mr. O'Sullivan, does not prevail.
9:55 P.M.
Joseph F. Gilbert, Jr. served notice of reconsideration of Article 64.
9:55 P.M.
James F. Crain moved that Article 55 be taken from the table.
Adopted unanimously. 9:56 P.M.
(See Page 156.)
Article 55. ADAMS CONVEYANCE
Presented by James P'. Crain.
MOTION: That the Selectmen be and they hereby are authorized
(As (a) to enter into an agreement with The Waldorf School, Inc. for the
adopted) sale of the building known as the Adams School located at 739
Massachusetts Avenue to be used as a private school, in consideration
of $160,000.00, including reservation by the Town of a right of
first refusal and a right to repurchase the school building after
twenty years, and upon such other terms and conditions as the
Selectmen shall determine; (b) to enter into a twenty year lease,
upon such terms and conditions as the Selectmen shall determine,
of a parcel of land at 739 Massachusetts Avenue on which the fore-
going building is located containing approximately one and one -half
acres. 9:57 P.M.
A
( Adjourned Session of th 1982 A nnual Town Meeting - May 24, 1982.)
Article 55. Mr. Crain said that the Board of Selectmen had appointed, in
(Cont.) August 1981, the following to the Adams School Conversion Committee:
James Crain, Chairman Francis Fuery
Lillian MacArthur Anna Currin
Mary Lou Touart Hayg Boyadjian
Betty Levine Laura Fisher
Lawrence Kernan
This committee has been meeting since that time with the majority
of the committee agreeing with the proposal to sell the building
to the Waldorf School. He added that they intend to spend
$200,000 on improvements. 10:06 P.M.
Frank I. Michelman spoke at length on his feelings of this
proposal. 10:17 P.M.
Mr. Crain explained that the committee had given serious consid-
eration to housing, but felt that it was not a suitable
place for housing and congregate housing was not feasible.
10:22 P.M.
William J. Dailey, Jr. stated that the Appropriation
Committee feels that the figures are good and complimented
Mr. Crain and the committee and added that they supported
the article. 10:23 P.M.
Anna Currin spoke as one of the dissenting votes on the
Adams School Conversion Committee and urged a "no" vote
on the article. She did not agree with the original charge
to the committee from the Selectmen and felt that the
charge should be re- written to vigorously consider housing.
10:25 P.M.
James E. Barry and. Arthur C. Smith urged support of the
article and Joy C. Buchfirer spoke in opposition.
10:35 P.M.
John J. McWeeney moved the previous question which was
adopted by voice vote. 10:36 P.M.
Voice vote on the main motion, as offered by Mr. Crain,
was not unanimous, so a standing vote taken as follows:
Precinct In Favor Teller Opposed
1 12 Sheila Busa - Tassone 3
2 17 Lynda A. Wik 2
3 12 Suanne C. Dillman 3
4 8 Peter C. J. Kelley 2
5 13 James L. Silva 3
6 16 Edith Sandy 2
7 13 Winifred L. L. Friedman 3
8 14 Suzanne S. Frank 3
9 12 John C. Eddison 4
At Large 15 John R. Campbell 2
Totals 132 27
More than the required two - thirds having voted in favor,
the main motion, as offered by Mr. Crain, was declared
adopted. 10 :40 P.M.
Article 65. REZONE TO CD, WALTHAM STREET,
LEXINGTON CENTER
Presented by Frank Sandy.
MOTION: That this article be indefinitely postponed.
Mr. Sandy filed the Report of the Planning Board on Article 65.
Main motion, as presented by Mr. Sandy, adopted unanimously.
10:40 P.M.
(Adjourned Session of the 1982 Annual 'Down Meeting - May 24, 1982.)
Alfred S. Busa moved that this meeting be adjourned to Wednesday, June 16,
1982 at 8 P.M. in Cary Memorial Hall. 10:40 P.M.
Margaret N. Brooke asked what was to happen to Article 63. Mr. Busa said
that it was his understanding that it was to be taken from the table and at
that time a motion to indefinitely postpone would be offered. 10:42 P.M.
Mr. Busa's motion to adjourn this meeting to Wednesday, June 16, 1982 at
8 P.M. was adopted by voice vote. 10:41 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
17 ADJOURNED SESSION OF THE 198 AN TOWN MEETING
JUN 16, 1982
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. and immediately recessed subject to the call of the chair. The meeting
was reconvened at 8:07 P.M. in Cary Memorial Hall.
There were 166 Town Meeting Members present.
The invocation was offered by Rev. Stephen Macchia, Minister from the Grace
Chapel. 8 :08 P.M.
David G. Williams moved that Article 30 be taken off the table. This motion
was adopted unanimously. 8:09 P.M.
(Article 30 tabled at April 12, 1982 Session. See Page 101.)
Article 30. Presented by David G. Williams. CONSERVATION LAND PURCHASE
OFF MAPLE STREET
MOTION:
That this article be indefinitely postponed.
Adopted unanimously. 8 :10 P.M.
Michael J. O'Sullivan moved that Article 63 be taken off the table. This
motion was adopted unanimously. 8:10 P.M.
(Article 63 tabled at May 24, 1982 Session. See Page 166.)
Article 63. REZONE TO CD, HAYDEN AVE.
NEAR ROUTE 2 RAMP
Presented by Michael J. O'Sullivan.
(Not MOTION: That this article be indefinitely postponed.
adopted) 8:10 P.M.
Mr. O'Sullivan showed slides and explained his reasons for moving
indefinite postponement. 8:23 P.M.
Motion to indefinitely postpone Article 63 was declared lost by
voice vote. 8:25 P.M.
The Moderator explained that Article 63 was now open and asked for a
motion. 8:25 P.M.
Michael J. O'Sullivan presented the following motion under Article 63:
MOTION: That the Town vote to amend the Zoning By -Law and Zoning
(Not Maps by changing the district designation from RO One Family Dwelling
adopted) District to CD- Controlled Commercial & Industrial district of land
located on the southerly side of Hayden Ave, which land is a portion
of Lot 19 shown on Assessors Map No. 17 and is further described in
said Article 63. The preliminary site development and use plan for
this CD district shall be the document filed with the Town Clerk on
January 28, 1982. 8:31 P.M.
(Land as further described in the Article 63:
. . being more particularly bounded and described as follows:
Northerly, by Hayden Avenue, one hundred (100) feet;
Easterly, by land of the Town of Lexington, one hundred thirteen
and 17/100 (113.17) feet,
Southerly, by Route 2 (being the Cambridge- Concord Highway) one
hundred forty -six and 55 /100 (146.55) feet, and
Westerly, by land of the Trustees of Rose -Mal Realty Trust,
one hundred fifty-eight and 20/100 (158.20) feet.
Said land is shown on a plan entitled "Plan of Land on Hayden Avenue,
Lexington, Massachusetts, for Proposed Rezoning by the Trustees of
Rose -Mal Realty Trust ", dated December 28, 1981, prepared by Whitman &
Howard, Inc., Engineers, Paul J. DeSimone, Registered Land Surveyor. ")
(Adjourned Session of the 1982 Annual Town Mee ting - June 16, 1982.
Article 63. (Karsten Sorensen filed, at the May 24, 1982 Session, the Report of
(Cont.) the Planning Board on Article 63 under Article 64. - See Page 167.)
Voice vote on Mr. O'Sullivan's motion was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 2 Sheila Busa - Tassone 8
2 6 Lynda A. Wik 9
3 0 Suanne C. Dillman 12
4 1 Peter C. J. Kelley 10
5 0 James L. Silva 16
6 0 Edith Sandy 15
7 2 Winifred L. L. Friedman 13
8 4 Suzanne S. Frank 10
9 0 Kenneth O. Alves 14
At Large 6 John R. Campbell 8
Totals 21 115
Less than the required two - thirds having voted in favor, the
motion, as presented by Mr. O'Sullivan, is not adopted. 8:37 P.M.
Alfred S. Busa moved that Article 53 be taken from the table. This motion
was declared adopted unanimously. 8:37 P.M.
(Article 53 tabled at May 17, 1982 Session. See Page 155.)
Article 53. REZONE RS TO CD, CONTROLLED COMMERCIAL,
MUZZEY JUNIOR HIGH SCHOOL
Presented by Alfred S. Busa.
MOTION: That the Zoning By -Law be amended by changing the district
(Not designation from RS, One Family Dwelling District, to CD, Controlled
adopted) Commercial and Industrial District, of land on the north side of
Massachusetts Avenue, near the intersection with Woburn Street,
commonly known as the Muzzey Junior High School property, bounded
and described as follows:
Beginning at a point on the southeast side line of the right -of -way
of the Boston & Maine Railroad, said point being located south-
easterly 125 feet more or less from Woburn Street along the Boston
& Maine Railroad right -of -way by land of Russell Square and running:
SOUTHEASTERLY by the Boston and Maine Railroad right -of -way two -
hundred- seventy -five (275) feet, more or less;
SOUTHWESTERLY by land of the Town of Lexington, known as Munroe
Cemetery, two- hundred -fifty -nine and 2/10 (259.2)
feet, more or less;
SOUTHEASTERLY by land of the Town of Lexington known as Munroe
Cemetery, one - hundred- twenty (120) feet, more or less;
SOUTHWESTERLY by a new line on land of the Town of Lexington known
as Muzzey Junior High School property three- hundred-
twenty (320) feet, more or less;
NORTHWESTERLY by Massachusetts Avenue three - hundred- seventy (370)
- feet, more or less;
NORTHEASTERLY by land of Russell Square four - hundred - sixty -five
(465) feet, more or less, to the point of beginning;
containing three and 8/10 (3.8) acres of land, more or less; all
said distances and measurements being approximate. Said land is
shown on a plan entitled "Proposed Zoning District, Town of Lexington,
Mass.," for Proposed Rezoning to CD, Controlled Commercial and
Industrial District, dated 10 May 1982 and compiled by Gillespie,
Haring, Phillips, Architects, Inc.
17 (Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.)
Article 53. (Motion - (Cont.)
(Cont.)
The Preliminary Site Development and Use Plan for this CD district
shall be the plan filed with the Town Clerk on June 16, 1982.
8:40 P.M.
Mr. Busa said that in August 1981 the Board of Selectmen had
appointed the following to the Muzzey School Conversion Committee:
George L. Harris William T. Spencer
J. S. Nason Whitney Leo P. McCabe
Donald R. Giller Martin K. White
Mary E. Shunney Alfred S. Busa (Chairman)
Otis S. Brown, Jr.
Mr. Busa went on to explain that a majority of the Board of
Selectmen and the Muzzey School Conversion Committee (by four to one)
support the proposal under the motion as presented. under Article 53.
8:42 P.M.
George L. Harris, a member_ of the Conversion Committee, read the
following charge to the committee from the Board of Selectmen:
The Committee shall prepare and review specifications for receipt
of proposals for the purpose of sale, transfer, lease or other
appropriate use for the Muzzey School. Such review shall include
but not be limited to consideration of the following Town priorities:
1) Tax stability
2) Neighborhood compatibility
3) Environmental compatibility
4) Low /moderate income housing if use to be residential
5) Possible provision for a Senior Citizens Center within
the facility
Recommendations for use of such facility shall be submitted no
later than November 5, 1981.
Appropriate hearing dates shall be coordinated with the Board of
Selectmen, Planning Board, and other appropriate agencies.
All appropriate hearing shall be completed prior to the start of
the 1982 Town Meeting.
Mr. Harris went on to explain the Elgin proposal and said that the
Council on Aging had unanimously approved the inclusion of the
Senior Center. 8:48 P.M.
Mr. Ross of Elgin Associates, the developer, was recognized and he
introduced his team. He explained that the proposal was for an
executive office building and a Senior Center. 8:53 P.M.
John Gallagher of Elgin Associates spoke of the design development
and John Gillespie, Architect further explained the proposal.
9:02 P.M.
Frank Sandy filed the Planning Board Report covering Article 53
and stated that the Planning .Board unanimously opposed this article.
9:02 P.M.
Mr. Sandy went on to summarize the Planning Board Report saying
that a commercial use was not an appropriate use of this site. He
said that he does not feel that there is any need of additional
office space in the center and feels that housing in some form is
the appropriate use. He urged that this motion be defeated.
9:15 P.M.
Margaret F. Rawls, a Precinct 4 Town Meeting Member, spoke at length
in opposition and asked that Paul A. Kossey of 1460 Massachusetts
Avenue and William J. Bickford of Russell Square (1505 Massachusetts
Avenue) be recognized. Both spoke in opposition and Mr. Bickford, as
a Trustee of Russell Square, said a vote had been taken and five
Russell Square members voted in favor, seven opposed and 4 abstained.
9:37 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.)
Article 53. Manfred P. Friedman had a question regarding the disposition of
(Cont.) public land and referred to the "giveaway" of the Adams School
property. This remark brought Selectman James F. Crain, who was
Chairman of the Adams School Conversion Committee, to his feet to
express his feelings about said remark and he asked that the record
show that the "giveaway" of the Adams School was incorrect.
9:42 P.M.
Mr. Busa explained that the process of disposition has been the
same with all of,the schools. He added that the Muzzey School
Conversion Committee had had nineteen meetings and that they had
presented two proposals to the Board of Selectmen for their
approval - one for congregate housing and one for commercial use.
The Selectmen, in a four to one vote, were in agreement with the
commercial use. 9:43 P.M.
Carolyn C. Wilson spoke as a member of the Recreation Committee and
their concern about parking on the soccer field. 9:44 P.M.
Paul E. Hamburger, with the assistance of Ephraim Weiss showing
slides, spoke of the relative costs of commercial use versus
residential use. 9:50 P.M.
J_ Keith Butters, a former abutter to the soccer field, spoke in
opposition and Myron L. Miller, who had taught at Muzzey Junior
High School for a number of years, voiced concern about the traffic.
9:59 P.M.
Main motion, as presented by Mr. Busa, was declared lost unanimously.
10 P.M.
Alfred S. Busa moved that Article 52 be taken off the table. This motion
was declared adopted unanimously. 10 P.M.
(Article 52 tabled at May 17, 1982 Session. See Page 155.)
Article 52. MUZZEY CONVEYANCE
Presented by Alfred S. Busa.
(See MOTION: That this article be indefinitely postponed.
Page 10 P.M.
175
for Margaret F. Rawls presented the following substitute motion:
adopted
motion.) MOTION: That the subject matter of Article 52, and the entire
matter of the disposal and use of the Muzzey School and /or school
site be referred back to the Selectmen to draft a new charge for
the Muzzey School Conversion Committee.
That in drafting the charge, the Selectmen shall confer with, at
least, the Planning Board, Human Services Committee and Council on
Aging.
That the revised charge will be based on the following premises, to
be further refined in the interest of presenting developers with a
clear definition of preferred and acceptable uses:
a. Only non - commercial uses will be considered;
b. Achievement of some of the objectives of moderate priced housing,
congregate housing for the elderly, and /or other needed housing
not now being adequately provided in Lexington; the meeting of
recognized human service needs of residents of Lexington; and
the appropriateness of the use to an established residential
neighborhood will be considered Town priorities;
C. A Senior Center may be recommended as a possible use, to be
presented to the Town Meeting as an option;
d. Any non - residential uses proposed will be exclusively to meet
the needs of Lexington residents, and must be compatible with a
primarily residential use in a residential area;
7 :4 (Adj ourned Se ssion o f the 198 Annual Town Meeting - Ju 16 1982.)
Article 52. (Margaret F. Rawls substitute motion (Cont).)
(Cont.)
e. The present soccer field will remain open and in Town ownership;
I. Developers will be given the option of razing all or part of the
building;
g. A variety of ownership and leasing arrangements or combinations
of both will be explored.
10:03 P.M.
Donald R. Giller, a member of the Muzzey School Conversion Committee,
spoke in support of the substitute motion as did Margery M. Battin,
a member of the Board of Selectmen. 10:11 P.M.
Frank Sandy voiced the unanimous support of the Planning Board in
regards to the substitute motion. 10 :12 P.M.
Joseph O. Rooney, Chairman of the Lexington Housing Authority,
spoke of his confusion with Item c. 10:12 F.M.
Mrs. Rawls motion to'substitute was declared adopted by voice vote.
10:13 P.M.
The Moderator stated that the substitute motion is now the main
motion. 10:13 P.M.
Mrs. Rawls gave an explanation of her motion. 10:18 P.M.
William T. Spencer moved that: The first word of the motion under
Article 52 be deleted and in its place the following be inserted:
That the Selectmen are authorized to convey to the Lexington
Housing Authority the Muzzey Junior High School property on
Massachusetts Avenue, consisting of the building and land immedi-
ately adjoining, but excluding the Soccer Field;
That the Lexington Housing Authority is asked to seek funding for
the conversion of the School to housing units of two or more
bedrooms, and, if allowed and supported by the funding agency, a "
Senior Center;
That the conveyance shall be conditional upon the successful
acquisition of funding for the conversion, and the property shall
revert to the Town at the end of six months if funding is not
obtained unless the Selectmen, at their discretion, extend the
period of funding search;
That the Selectmen and other Town Boards, officials, and employees
are asked to assist the Lexington Housing Authority in the search
for funding as the Authority may request;
If and when the School reverts to the Town, that .
10:20 P.M.
Mr. Spencer gave an explanation of his motion. 10 :25 P.M.
Joseph 0. Rooney stated that the Lexington Housing Authority had
taken no stand on this amendment and that they would vote as
individuals. 10:27 P.M.
Mary E. Shunney asked who would maintain the building while
waiting for funding, and Mr. Spencer answered that the town would
retain ownership and would therefore maintain the property.
10:28 P.M.
Frank Sandy questioned the zoning route - would it come back to
town meeting for a zoning change. Mr. Spencer answered in the
affirmative adding that HUD would like the land properly zoned.
10:30 P.M.
Joseph. O. Rooney spoke against the amendment. 10:32 P.M.
Mr. Spencer's motion to amend was declared lost by voice vote.
10:33 P.M.
(Adjourned Session of the 1982 Annual Town Meeting - June 16, 1982.) 1 75
Article 52. Frank I. Michelman moved that in item b, first line, the words "low
(Cont.) and" be inserted before the words "moderate priced housing ".
Michelman amendment declared adopted by voice vote. 10:37 P.M.
Elaine Dratch moved that under c., substitute the word "shall" for
the word "may ". 10:38 P.M. (Amendment declared lost. 10:44 P.M.)
Donald J. Shaw moved the previous question which was declared
adopted by voice vote. 10:44 P.M.
Main motion, as substituted by Margaret F. Rawls and amended by.Frank I.
Michelman, now reads:
(AS MOTION: That the subject matter of Article 52, and the entire matter
adopted) of the disposal and use of the Muzzey School and /or school site be
referred back to the Selectmen to draft a new charge for the Muzzey
School Conversion Committee.
That in drafting the charge, the Selectmen shall confer with, at
least, the Planning Board, Human Services Committee and Council on
Aging.
That the revised charge will be based on the following premises, to
be further refined in the interest of presenting developers with a
clear definition of preferred and acceptable uses:
a. Only non - commercial uses will be considered;
b. Achievement of some of the objectives of low and moderate priced
housing, congregate housing for the elderly, and /or other needed
housing not now being adequately provided in Lexington; the
meeting of recognized human service needs of residents of
Lexington; and the appropriateness of the use to an established
residential neighborhood will be considered Town priorities;
C. A Senior Center may be recommended as a possible use, to be
presented to the Town Meeting as an option;
d. Any non - residential uses proposed will be exclusively to meet the
needs of Lexington residents, and must be compatible with a prima-
rily residential use in a residential area;
C. The present soccer field will remain open and in Town ownership;
f. Developers will be given the option of razing all or part of the
building;
g. A variety of ownership and leasing arrangements or combinations
of both will be explored.
Main motion, as substituted by Margaret F. Rawls and amended by
Frank I. Michelman, declared adopted by voice vote. 10:44 P.M.
James F. Crain moved that Article 41 be taken off the table. This motion
was declared adopted unanimously. 10:45 P.M.
(Article 41 tabled at the April 26, 1982 Session. See Page 110.)
Article 41. USE OF FUNDS TO REDUCE TAX RATE
Presented by James F. Crain.
(AS MOTION: That the sum of $1,200,000 be appropriated to reduce the
adopted.) tax levy for the fiscal year beginning July 1, 1982, and that such
amount be transferred from the Excess and Deficiency. Account (Free
Cash). 10:45 P.M.
Mr. Crain explained that the amount to be appropriated was
recommended by the Town Manager and is the unanimous decision of the
Board of Selectmen. 10:46 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
supported this motion. 10:46 P.M.
I F�� ti
v (Adjourned Session of the 1982 Annual Town Me - June 16, 1982.)
Article 41. At the request of Arthur_ C. Smith, Robert M. Hutchinson, Jr., Town
(Cont.) Manager, explained the budget figures with the aid of slides. The total
figure for the current budget is $37,098,070. and the expectation is
that the town will receive approximately $12,000. more from the
State than last year. If this additional money is received, the
budget will be within $18,000. of the Proposition 2- limitation.
The estimated tax rate is $19.43 for Residential and $28.43 for
Commercial. 10:50 P.M.
Ronald Levy complimented Robert M. Hutchinson, Jr., Town Manager
and Richard M. Perry, Comptroller for their efforts in the budget
process and for the efficient management of the town. He added
that all Town Officials and the Board of Selectmen also were to be
complimented and he felt that the town owed them a debt of
gratitude. In response to this, a standing ovation was given by
the Town Meeting Members and all in attendance in the hall.
10:52 P.M.
Main motion, as presented by Mr. Crain, was declared adopted
unanimously. 10:52 P.M.
Alfred S. Busa, Chairman of the Board of Selectmen, moved that this meeting
be dissolved.
Adopted unanimously. 10:52 P.M.
A true copy.
Attest:
y
Mary R. McDonough, Town Clerk
Fred D. Rosenberg, 165 Wood Street, resigned as a Town Meeting Member from
Precinct 9 effective July 15, 1982.
Neil Gray, 83 Spring Street, received the next highest number of votes as a
defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town
Election held March 1, 1982. As of July 22, 1982, Mr. Gray filed his acceptance
of the position of Town Meeting Member from Precinct Nine to fill the vacancy
caused by the resignation of Mr. Rosenberg. This term will expire in March
1983.
James J. Findley, 76 Middle Street, resigned as a Town Meeting Member from
Precinct 9 effective August 12, 1982.
Stanley S. Wallack, 315 Lincoln Street, received the next highest number of votes
as a defeated candidate for Town Meeting Member. from Precinct 9 at the Annual Town
Election held March 1, 1982. As of August 20, 1982, Mr. Wallack filed his accept
ance of the position of Town Meeting Member from Precinct 9 to fill the vacancy
caused by the resignation of Mr. Findley. Term will expire in March 1983.