HomeMy WebLinkAbout1979-03-05 to 1979-05-14 ATM-min ANNUAL TOWN MEETING - MARCH 19, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:04 P.M. in Cary Memorial Hall.
There were 185 Town Meeting Members present.
The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the
Church of Our Redeemer. 8:05 P.M.
The Town Clerk, Mary R. McDonough, read the warrant for the meeting until
further reading was waived. 8:06 P.M.
The Town Clerk read the Constable's Return of the warrant. 8:07 P.M.
The Moderator introduced the newly elected Town Meeting Members. 8:10 P.M.
The Moderator read the Resolution adopted under Article 81 at the Adjourned
Session of the 1976 Annual Town Meeting held April 7, 1976 which is the Code of
Ethics for Town Meeting Members. 8:12 P.M.
Article 2. Donald B. White, Chairman of the Appropriation Committee, moved that
the report of the Appropriation Committee be accepted and placed on
file. 8:12 P.M.
After a short explanation of the town financial position, Mr. white's
motion was declared adopted by voice vote unanimously. 8:17 P.M.
Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee,
moved that the report of the Capital Expenditures Committee be accepted
and placed on file.
Carried Unanimously. 8:19 P.M.
The Moderator stated that Article 2 would remain open during this Annual Town
Meeting. 8:19 P.M.
Article 3. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 8:20 P.M.
Article 2. Margery M. Battin moved that the report of the Town Manager be
accepted and placed on file.
Carried Unanimously. 8:21 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, listed the following
schedule of proposed presentations of the various articles:
Article 4. Line Items 5450, 5800 and 5850 to be divided from Article 4
and taken up after Article 38.
Article 5. To be tabled until contracts are completed.
Articles 24, 28 and 38. To be taken up no sooner than Monday, April 9.
Also, any article will be tabled if and when the Selectman that is to present
the article is absent. 8:24 P.M.
Article 4. Presented by Margery M. Battin. (Read by the Moderator.)
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.
8:24 P.M.
Lincoln P. Cole, Jr., Richard M. Perry and Mary R. McDonough gave
notice that they would abstain from voting on Articles 4 and 5.
(Annual Town Meeting - March 19, 1979.)
Article 4. Town Manager, Robert M. Hutchinson, Jr., gave a review of the tax
(Cont.) rate (estimated $89.84 for the coming year), the budget goals and
of the overall appropriations. 8:36 P.M.
S electmen's Department
#1000 Personal Services $ 28,570
1050 Expenses 7,473
Donald B. White, Chairman of the Appropriation Committee,
moved that Account #1050 be amended to $6,500. 8:37 P.M.
Selectman, Margery M. Battin spoke in opposition to the
amendment. 8:46 P.M.
Motion to amend line item 41050 declared lost by voice vote.
8:47 P.M.
Town Manager's Of fice
1060 Personal Services 101,880
1065 Expenses 6,600
Donald B. White moved that Account #1065 be amended to $6,000.
8:48 P.M.
Margery M. Battin spoke in opposition to the amendment. 8:50 P.M.
Robert M. Hutchinson, Jr., Town Manager, also spoke in opposition.
to the amendment. 8:50 P.M.
Motion to amend line item #1065 declared lost by voice vote.
8:51 P.M.
Town Manager' Jurisdict
1070 Temporary Help & Overtime 24,000
1075 Clerical Pool 8,799
7.080 Office Furniture & Fixtures 1,000
1090 General Prof. Services 15,000
Donald B. White moved that Account 41090 be amended to $9,200.
8:52 P.M.
Selectman, Robert B. Kent and the Town Manager spoke in opposition
to the amendment. 8:56 P.M.
Voice vote on Mr. White's motion to amend was doubted by the
Moderator, so a standing vote was taken as follows:
Precinct In Favor Tellers Oppo
1 12 Pamela Winston 4
2 10 Arthur C. Smith 8
3 4 Jeanne K. Krieger 16
4 3 Susan C. Hodgkins 13
5 7 Edward R. DuBois 13
6 3 Susan S. Solomon 14
7 9 Marthur H. Kalil 9
( 8 12 Eleanor H. Yasaitis 6
9 8 Anna P. Currin 10
At Large 7 John R. Campbell 10
Totals 75 703
Motion to amend line item #1090 was declared lost. 9:02 P.M.
Town Manager's Jurisdiction (Cont.
1125 Fire & Police Medical 5,500
1130 Director of Guides -P.S. 1,000
1135 Out -of -State Travel 6,000
Donald B. White moved that Account #1135 be amended to $4,500.
9:03 P.M.
(Annual Town Meetin - March 19, 1979.)
Article 4. After general discussion, both pro and con, with Selectman Battin
(Cont.) and Town Manager, Hutchinson speaking against the amendment, the
motion to amend line item 1135, as moved by Mr. White, declared
lost by voice vote. 9:15 P.M.
Town Manager's Jurisdiction (Cont.)
#1141 Tuition & Training Fees $ 12,200
1142 In -State Travel 10,000
9:15 P.M.
Selectmen's Jurisdiction
1148 Safety Program Expenses 770
9:15 P.M.
Town Clerk's Department
1150 Personal Services 52,792
1200 Expenses and Vital Statistics 11,600
9:15 P.M.
Board of Appeals
1500 Personal Services 11,617
1550 Expenses 2,340
9:15 P.M.
Planning Board
1600 Personal Services 40,333
1650 Expenses 4,675
9:15 P.M.
Insurance
1700 Group 762,000
1725 Unemployment Compensation Ins. 60,000
1750 Municipal Property & Workmen's Comp. 306,503
9:16 P.M.
Printing Town Report
1760 Expenses 9,000
9:17 P.M.
Law Department
1775 Law Fees 45,000
1800 Law Expenses 12,000
9:17 P.M.
Elections
1900 Selectmen Jurisdiction 10,550
1950 Town Clerk Jurisdiction 11,720
9:17 P.M.
Board of Registrars
2000 Personal Services 7,068.
2050 Expenses 12,450
9:17 P.M.
Town Committees
2250 Appropriation Committee Expenses 950
2370 Misc. Committees & Board Expenses 2,450
2380 Council on Aging Expenses 26,820*
*To which the sum of $26,820. in available and anti-
cipated P.L. 92 -512 as amended by P.L. 94 -488 ( General
Revenue Sharing Funds is to be applied.
2400 Town Celebrations Committee Expenses 7,000
9:18 P.M.
(Annual Town Meeting - March 19, 1979.)
Article 4. Historic Distr Commission
(Cont.)
#2450 Expenses $ 1,800
9:18 P.M.
Conservation Commission
2460 Expenses 10,455
9:18 P.M.
Recreation Committee
2470 Personal Services (See Page 426 for amended motion) 120,825
Judith J. Uhrig, Chairman of the Recreation Committee,
moved that line 2470 be divided from Article 4 and considered
as a separate item to be taken up after Article 39.
9:19 P.M.
Mrs. Uhrig's motion declared carried unanimously. 9:19 P.M.
Recreation Committee (Cont.)
2480 Expenses 21,000
9:19 P.M.
Treasurer /Collector's D
2500 Personal Services 78,176
2525 Expenses 17,033
2575 Foreclosure & Redemption 1,120
9:19 P.M.
Comptroller's Department
2800 Personal Services 96,432
2850 Expenses 3,200
9:19 P.M.
Comptroller's Jurisdiction
2925 Office Machines- Capital Outlay 4,300
2930 Office Machines- Maint. & Repair 6,500
2935 Office Services- Copier Supplies 8,300
2940 Metered Mail 19,280
9:20 P.M.
A ssessor's Department
2950 Personal Services 58,254
3000 Expenses 8,300
9:20 P.M.
Health Department
3250 Personal Services 42,001
3300 Expenses 10,000
3310 Mystic Valley Mental Health (See Page 427) 30,853*
*To which the sum of $30,853. in available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 ( General Revenu
Sharing Funds is to be applied.
9:22 P.M.
Winifred L. L. Friedman moved that this item be divided from
Article 4 and postponed until such time the Selectmen and /or
the Town Manager submit a report. (Line item #3310)
9:26 P.M.
Mrs. Fr.iedman's motion declared carried by voice vote. 9:27 P.M.
(See Page 427)
(Annual Town M eeting - March 19, 1979.)
Article 4. Sheila Clemon -Karp moved that Article 4, line item #1135, out -of-
(Cont.) State Travel and Training, be amended by adding the stipulation
of town policy:
"that no funds appropriated under this line item shall be
expended in states whose state legislatures have not ratified
the 27th Amendment to the United States Constitution."
9:28 P.M.
The Moderator doubted the voice vote taken on the above amendment,
so a standing vote was taken as follows:
Precinc In Favor Tellers Opposed
1 7 Pamela Winston 5
2 6 Arthur C. Smith 12
3 12 Jeanne K. Krieger 7
4 11 Susan C. Hodgkins 8
5 6 Edward R. DuBois 11
6 8 Susan S. Solomon 6
7 10 Marthur H. Kalil 7
8 5 Eleanor H. Yasaitis 12
9 9 Anna P. Currin 9
At Large 4 John R. Campbell 13
Totals 78 90
Motion to amend line item 1135 declared lost. 9:34 P.M.
Health Department (Cont.)
43320 Tri Community Health Services $ 6,800
3330 Community Services 34,617*
*To which the sum of $34,617. in available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 ( General Revenue
Sharing Funds is to be applied.
3450 Rabies Clinic 2,410
9:37 P.M.
Health Jurisdiction -Dog Officer
3500 Personal Services 16,437
3550 Expenses 4,875
9:37 P.M.
Police Department
3760 Police Dept. Management and Staff -Pers. Serv. 309,681
( Of which $13,500. is to be transferred from the
Parking Meter Fund
9:37 P.M.
Richard A. Michelson moved that line #3760 be amended by striking
the words "of which $13,500 is to be transferred from the Parking
Meter Fund ". 9:37 P.M.
After general discussion, Mr. Michelson's motion to amend line
item 3760 is declared lost by voice vote. 9:43 P.M.
Police Department (Cont.)
3770 Police Dept. Collective Bargaining Unit -Per. Ser. 872,695
3800 Expenses 143,000*
*To which the sum of $25,000. in available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 ( General. Reve
Sharing Funds is to be applied.
An amendment to this line item by Donald B. White, which he started
to move, was not presented. 9 :48 P.M.
The Moderator called a five minute recess at 9:48 P.M.
The meeting was called to order by the Moderator at 10:02 P.M.
(Annual Tow Me eting - March 19, 1979.)
Article 4. The Moderator stated that the meeting was now open on Article 4,
(Cont.) line item 3900. Richard A. Michelson questioned the disposition of
Mr. White's amendment to line item 3800 to which the Moderator
replied that there was no action. 10 :02 P.M.
Police De (Cont.)
#3900 Parking meter maintenance $ 1,500*
*(of which $ 1,500. is to be transferred
from th Parking Meter Fund
10:02 P.M.
Fire Department
4110 Fire Department Management and Staff -Pers. Serv. 82,918
4120 Fire Dept. Collective Bargaining Unit -Pers. Serv. 999,766
10:03 P.M.
William R. Page served notice of reconsideration of line item #11_35.
10:06 P.M.
(When the Moderator later checked with the Town Clerk as to the time the
amendment to line item 1135 (moved by Sheila Clemon -Karp) was lost, and was
told that the time was 9:34 P.M., the Moderator gave the ruling to the Town Clerk
that Mr. Page did not seasonably serve notice of reconsideration.)
Prior to making the above ruling, the Moderator asked. Mr. Page if he was going
to move reconsideration before passage of Article 4 and Mr. Page responded in
the affirmative. 10:06 P.M.
Fire Department (Co nt.)
4150 Expenses 79,750
10:10 P.M.
Local Disaster Services
4300 Personal Services (Amended. See Page 400) 1,500
4350 Expenses 500
10:10 P.M.
Myron L. Miller moved that line item 1760 be amended by deleting the amount
of $9,000 and substituting therefore the amount of $5,000. 10 :13 P.M.
Erna S. Greene and Louis A. Zehner both spoke in opposition to this amendment.
10:22 P.M.
Motion to amend line item 1760 declared lost by voice vote. 10:22 P.M.
Inspection D epartment
4450 Personal Services 70,653
4500 Expenses T,295
10:25 P.M.
Pub lic Works Department
4900 D.P.W. Collective Bargaining Unit -Pers. Serv. 1,027,962*
( *of which $15,000. is to be transferred from the
Westview Perpetual Care Fund
10:25 P.M.
Director of Public Works Office
4950 Public Works Mgt, and Staff Pers. Serv. 311,122
5000 Expenses 11,100
10:26 P.M.
(Annual Town Meeting - March 19, 1979.)
Article 4. Engineering Department
(Cont.)
#5100 Personal Services $ 189,803
5150 Expenses 4,800
10:27 P.M.
Town Buildings Maintenance
5200 Personal Services 62,709
5250 Expenses 168,143
10:27 P.M.
Donald B. White moved that Account #5250 be amended to
$152,700. 10:27 P.M.
Selectman, Robert B. Kent and Town Manager, Robert M.
Hutchinson, Jr. spoke in opposition to this amendment.
Mr. White's motion to amend line item 5250 declared lost
by voice vote. 10:39 P.M.
Highway Maintenance
5400 Expenses 154,900
(Of which $11,000. is to be transferred
from the Parking Meter Fund
10:39 P.M
Richard A. Michelson moved that line #5400 be amended by
striking the words "of which $11,000 is to be transferred from the
Parking Meter Fund ". 10:39 P.M.
Mr. Michelson's motion to amend line item 5400 declared lost
by voice vote. 10:40 P.M.
Road Machinery
5450 Margery M. Battin moved that line item 5450 be divided from
Article 4 and taken up after Article 38.
Carried by voice vote. 10:41 P.M.
(See Page 487)
Snow Removal
5500 Expenses 120,775
(Of which $10,000. is to be transferred from
the Parking Meter Fund
10:41 P.M.
Traffic Regulations & Street Si gns
5550 Expenses 24,300
10:43 P.M.
Str eet Lights
5600 Expenses 250,000*
*To which the sum of $250,000. in available and
anticipated P.L. 92 -512 as amended by P.L. 94 -488
(General Revenue Sharing Fu is to be applied.
10:43 P.M.
Sewer Maintenance & Services
5700 Expenses 63,338
10:43 P.M.
Garbage Collection
5800 Margery M. Battin moved that line item 5800 be divided from Article 4
and taken up after Article 38.
Carried Unanimously. 10:43 P.M.
(See Page 476 and 485)
(A nnual Town Meeting - March 19, 1979.)
Article 4. Sanitary Land Fill (See Pages 477, 485 and 486)
(Cont.)
#5850 Margery M. Battin moved that line item 5850 be divided from Article 4
and taken up after Article 38.
Carried Unanimously. 10:44 P.M.
Water Mainte & Services
5900 Expenses $ 35,800
10:44 P.M.
Park
6000 Expenses 46,600
10:44 P.M.
Insect Suppression
6050 Expenses ( *See amended amount below) 10,200
10:44 P.M.
After Manfred P. Friedman spoke in opposition to this line item,
Board of Health member, James W. Lambie spoke in favor of the
appropriation and stated that the Board of Health unanimously
favored adoption. At his, Mr. Lambie's, request, Kevin Moran of
the Middlesex Mosquito Control gave a lengthy explanation.
10:57 P.M.
Manfred P. Friedman moved that line item 6050 be amended to an
* amount of $1,200. 11 P.M.
(Motion to
reconsider After general discussion, Mr. Friedman's motion to amend line item
lost. See 6050 was declared adopted by voice vote. 11:10 P.M.
Pages 395-
399.)
Selectman, Margery M. Battin informed the meeting that this evening the
Board of Selectmen had voted to recommend to town meeting that at the April 9,
1979 session of this meeting (if necessary), due to Passover and vacation week,
that the meeting be adjourned to Monday, April 23, 1979 at 8 P.M.
11:11 P.M. _.
Arthur C. Smith questioned the right of reconsideration of any item under
Article 4 if the meeting is adjourned at this time. The Moderator stated that
all items are open unless a vote on a particular line item has been taken.
11:12 P.M.
James M. McLaughlin served notice of reconsideration of line item 6050.
(See Pages 395 -399) 1_1:13 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday, March 21,
1979 at 8 P.M. in Cary Memorial Hall.
Carried Unanimously. 11:13 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD MARCH 21, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:12 P.M. in Cary Memorial Hall.
There were 183 Town Meeting Members present.
Invocation offered by Rev. George Papademetriou of the St. Nicholas Greek
Orthodox Church. 8:14 P.M.
The Moderator asked that everyone remain standing for a moment of silence
for former Town Meeting Members who had passed away since the 1978 Annual Town
Meeting. He stated that, to his knowledge, the following were in this category:
Allen Lee Whitman, Jr. George P. Morey Lauri A. Lindell.
8:15 P.M.
Article 4. (See Page 394. Article 4 was not completed at the time the March 19,
(Cont.) 1979 Session was adjourned.)
James M. McLaughlin moved for reconsideration of line item 6050 in
Article 4. 8:15 P.M.
James W. Lambie, member of the Board of Health, was recognized and
spoke in favor of reconsideration and of the mosquito control project.
He stated that there were sixty -four requests for mosquito control
action during last summer. 8:18 P.M.
Lewis Wells of the Massachusetts Pesticide Board and Kevin Moran
of the Middlesex Mosquito Control both spoke in favor of the project.
8:27 P.M.
Edward Docks and John Andrews, two local residents, spoke from the
balcony, Mr. Docks in favor and Mr. Andrews in opposition.
8:38 P.M.
Permission was granted by the meeting for Mr. Lambie to speak for a
second time and he stated that the Board of Health felt strongly that
the arguments are in favor of this program.
8:42 P.M.
As the Moderator called for a vote on Mr. McLaughlin's motion for
reconsideration of line item 6050, Mr. McLaughlin asked for a roll
call vote on his motion. 8 :47 P.M.
The Moderator asked for a standing vote of those in favor of recon-
sideration of line item 6050 motion to be taken by a roll call vote.
Precinct Tellers In Favor of Roll Call
1 Pamela Winston 17
2 Arthur C. Smith 5
3 Jeanne K. Krieger 4
4 Susan C. Hodgkins 2
5 Edward R. DuBois 3
6 Susan S. Solomon 3
7 Marthur H. Kalil 7
8 Eleanor H. Yasaitis 7
9 Anna P. Currin 2
At Large William J. Dailey, Jr. 8
Total 58
More than the required fifty members in favor, the motion for a roll
call vote prevailed. 8:48 P.M.
The roll call vote on James M. McLaughlin's motion to reconsider line
item 6050 under Article 4 was taken by the Town Clerk, Mary R.
McDonough, starting at 8:50 P.M. and completed at 9:02 P.M. with the
result as follows: (Final result announced by the Moderator at
9:06 P.M.)
(A djourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050
(Cont.)
PRECINCT ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 12 6 0 3
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Dooks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 11 9 0 1
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
(Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.)
(Cont.)
PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
TOTALS 5 15 0 1
PRECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph O. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 3 15 0 3
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 12 9 0 0
PRE CINCT SIX
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Downey, John F. Jr. x
(Adj ourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.)
(Cont.)
P RECINCT SIX (CONT.) YES NO ABSTAINED ABSENT
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
McDevitt, James J. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 5 15 0 1
PRECINCT SEVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 4 16 0 1
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Mary E. Shunney x
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS 13 7 0 1
(Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.) "
Article 4. ROLL CALL VOTE ON MOTION TO RECONSIDER LINE ITEM 6050 (CONT.)
(Cont.)
PRECINCT NINE YES NO ABSTAINED ABSENT
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 6 9 0 6
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 2 3 2 2
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 12 6 0 3 21
Precinct Two 11 9 0 1 21
Precinct Three 5 15 0 1 21
Precinct Four 3 15 0 3 21
Precinct Five 12 9 0 0 21
Precinct Six 5 15 0 1 21
Precinct Seven 4 16 0 1 21
Precinct Eight 13 7 0 1 21
Precinct Nine 6 9 0 6 21
At Large 2 3 2 2 9
TOTALS 73 104 2 19 198
Motion to reconsider line item 6050 of Article 4, as moved by James M.
McLaughlin, does not prevail. 9:06 P.M.
Shade Tree
#6100 Expenses $ 9,600
9:07 P.M.
Dutch Elm Disease
6150 Expenses 4,200
9:07 P.M.
(Adjourned Session of the 19 Annual Town Meet - March 21, 1979.)
i
Article 4. Richard A. Michelson started to move to amend line item 4900, but had
(Cont.) to put it in proper form first. 9:08 P.M.
William M. Fraser questioned the Local Disaster Service Budget.
9:12 P.M.
Cemeteries
#6400 Expenses $ 13,292
9:12 P.M.
Richard A. Michelson moved that line item 4900 be amended to read
$1,048,962. 9:13 P.M.
Mr. Michelson stated that he was opposed to the Sanitary Land Fill
closing on Sunday and this opened up discussion, both pro and con.
9:22 P.M.
Mr. Michelson's motion to amend was declared carried by voice vote
but this decision was doubted by more than twenty members, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 14 Pamela Winston 3
2 10 Arthur C. Smith 9
3 5 Jeanne K. Krieger 14
4 3 Susan C. Hodgkins 13
5 12 Edward R. DuBois 7
6 5 Susan S. Solomon 9
7 7 Marthur H. Kalil 11
8 14 Eleanor H. Yasaitis 2
9 6 Anna P. Currin 9
At Large 5 William J. Dailey, Jr. 15
Totals 81 92
Mr. Michelson's motion to amend line item 4900 under Article 4
does not prevail. 9:26 P.M.
(See William M. Fraser moved that Account 4300 be reduced to the sum of
Page $750. 9:26 P.M.
392)
Mr. Fraser's motion to amend Account 4300 declared carried by voice
vote. 9:29 P.M.
Line item 4300 should now read:
Local Disaster Services
4300 Personal Services (See Page 392) 750
Veterans' Benefits
7100 Personal Services 9,531
7150 Administration 150
7200 Aid & Expenses 42,000
9:29 P.M.
Grave Registrations
7250 Expenses 400
9:30 P.M.
Soldiers' Burials
7300 Expenses 250
9:30 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 4. Cary Memorial Library
(Cont.)
#7500 Personal Services $ 376,863
9:31 P.M.
In answer to a question raised by Fred D. Rosenberg, Library
Director, Robert Hilton was recognized and stated that library
books could not be borrowed for more than two weeks, other than
being renewed, because of the size of the collection. If the
library was larger and had a larger collection, this would be
possible. 9:37 P.M.
Cary Memorial Library (Cont.)
7550 Expenses 128,625*
*Of which $4,839.09 is to be transferred
from the County Dog License Fees
9:37 P.M.
Board of Retiremen
7800 Contributory Pension Fund 721,897
7810 Pension Funding (See Page 402)
7825 Non - Contributory Pension 200,000
181,000
9:37 P.M.
Julian J. Bussgang moved that line item 7810 be separated from
Article 4 which was declared lost by voice vote. 9 : 38 P.M.
Mr. Bussgang moved for reconsideration of line item 7810.
9:39 P.M.
Arthur C. Smith raised a point of order. He stated that, in
accordance with the town by -laws (Section 31 of Article v) it was
not necessary to take a vote on the above separation as "When a
motion is readily susceptible of division, it shall be divided and
the vote upon each part taken separately, provided the Moderator
deems best or twenty -five members present so request."
9:40 P.M.
The Moderator stated that he was aware of this section but was giving
Mr. Bussgang a chance to state his case. The Moderator then asked
(See if there were twenty -five members in favor of separating line item
Page 7810 from Article 4, and there being more than twenty -five in favor of
402) separation, he stated that line item 7810 would be separated from
Article 4 and taken up immediately after Article 4.
9 :41 P.M.
Boar of Retirement (Cont.)
7850 Expenses
9:41 P.M. 5,225
Public Schools
7920 Public School- Education 16,505,087*
*Of which $12,100 is for out of state travel. To which
the sum of $372,648 in available and anticipated P.L. 874
and other Federal and State Funds, and $25,000 in available
and anticipated athletic receipts is to be applied and the
balance is raised and appropriated under this article.
9:42 P.M.
Otis S. Brown, Jr., Chairman of the School Committee, gave a short
explanation of the budget and then asked that Dr. John Lawson,
Superintendent of Schools, be recognized. Dr. Lawson then gave a
detailed explanation of the budget. 10:04 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated
that his committee was impressed with the School Committee budget
and urged support. 10:10 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 4.
(Cont.)
#8100 Regional Voc. Tech. High School Assessment $ 442,571
10:11 P.M.
8500 Interest on Debt 10:11 P.M. 175,361
8525 Tax & Bond Anticipation Loans (See Page 505) 275,000
Louis A. Zehner moved that line item 8525 be divided from
Article 4 and postponed until after Article 79. The motion
to postpone until after Article 79 declared carried unanimously.
10:13 P.M.
(See Page 505)
8550 Maturing Debt 1,455,000
10:13 P.M.
The Moderator stated that if a vote on any article involving money was
not a unanimous vote, that he would ask for a standing vote. This ruling
will cover all money articles in this 1979 Annual Town .Meeting.
10:14 P.M.
Main motion presented under Article 4 by Mrs. Battin and as amended by
Manfred P. Friedman (line item 6050) and William M. Fraser (line item 4300),
(with the exception of line items 2470, 3310, 5450, 5800, 5850 and 8525
which have been tabled or postponed and divided from Article 4) declared
carried unanimously. 10:15 P.M.
Roger G. Trudeau served notice of reconsideration of Article 4. 10:15 P.M.
In response to a question by the Moderator, Mr. Trudeau stated that this
notice of reconsideration covered the whole article. 10:15 P.M.
Article 2. William R. Page read and placed on file the report of the Advisory
Committee to the Lexington Board of Selectmen on Cable Television
and Cable Communications.
1.0:18 P.M.
The Moderator stated that the meeting was now open on Article 4 divided line
item 7810. 10 :18 P.M. (See Page 401.)
Under Article 4 divided line item 7810 Margery M. Battin moved that
$200,000 be appropriated for Pension Funding. 10:20 P.M. (See Pg. 401)
Many questions were raised regarding the investing and use of this money and
explanations were given by the Town Manager, Town Treasurer and Comptroller.
Daniel E. Power moved for indefinite postponement of line item 7810 divided
from Article 4. 10:34 P.M.
After general, discussion and opposition to the indefinite postponement by the
Chairman of the Appropriation Committee, Donald B. White, the motion to indefinitely
postpone line item 7810 divided from Article 4 was declared lost by voice vote.
10:43 P.M.
Main motion as presented by Mrs. Battin under line item 7810 divided from
Article 4 declared carried unanimously. 10:43 P.M. (Adopted motion now
reads:
Line item 7810 Pension Funding $200,000)
(See Page 401)
(Adjourned Session of the 1979 Annual Town Meeting - March 21, 1979.)
Article 5. Margery M. Battin moved that this article be tabled.
Carried Unanimously. 10:43 P.M.
(See Page 469)
Article 6. Margery M. Battin moved that this article be tabled.
(See Page 469) Carried Unanimously. 10:44 P.M.
Article 7. Margery M. Battin moved that this article be tabled.
(See Page 404) Carried Unanimously. 10:44 P.M.
Article 8. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:44 P.M.
Article 9. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:45 P.M.
Article 10. Presented by Margery M. Battin.
MOTION: That the sum of $150,000.00 be appropriated for the Reserve
Fund and to raise such amount $4,600.00 be transferred from the
Reserve Fund- Overlay Surplus and $145,400.00 be raised in the tax
levy.
Carried Unanimously. 10:47 P.M.
Article 11. Presented by Margery M. Battin.
MOTION: That the Town Treasurer, with the approval of the Selectmen,
be and he hereby is authorized to borrow money from time to time in
anticipation of the revenue for the fiscal year beginning July 1, 1979,
and to issue a note or notes therefor, payable within one year_, in
accordance with provisions of General Laws, Chapter 44, Section 4 as
amended and to renew any note or notes as may be given for a period
of less than one year, in accordance with the provisions of General
Laws, Chapter 44, Section 17.
Carried Unanimously. 10:47 P.M.
Article 12. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:47 P.M.
Margery M. Battin moved that this meeting be adjourned to Monday, March 26,
1979 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:48 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOU SESSION OF THE 1979 AN TOWN MEETING
HELD MARCH 26, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:09 P.M. in Cary Memorial Hall.
There were 188 Town Meeting Members present.
The invocation was offered by Rev. Arnold F. Colletti, Associate Pastor of
St. Brigid's Church. 8:11 P.M.
Article 2. Esther S. Arlan moved that the report of the Cary Lecture Committee
be accepted and placed on file.
Carried Unanimously. 10:11 P.M.
Margery M. Battin moved that the Selectmen's Sewer Report be accepted
and placed on file. 8:12 P.M.
This report created much discussion mostly about the major sewer
problems in the town. After general discussion, Mrs. Battin's
motion to file and accept the Sewer Report of the Board of Select-
ment was declared carried unanimously. 8:32 P.M.
Article 13. Martha C. Wood moved that that article be indefinitely postponed.
Carried Unanimously. 8:32 P.M.
Article 14. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
8:32 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated
that his committee had originally supported the appropriation of
$25,000. but that they also supported indefinite postponement.
8:39 P.M.
Graydon M. Wheaton served notice of reconsideration of Article 13. 8:43 P.M.
Article 14. Mrs. Battin's motion to indefinitely postpone Article 14 was
(Cent.) declared carried unanimously. 8:43 P.M.
James F. Crain moved that Article 7 be taken from the table at this time.
(See Page 403.) Carried Unanimously. 8 :43 P.M.
Article 7. Presented by James F. Crain.
MOTION: That the Town accept Section 13A of Chapter 40 of the
General Laws. 8:43 P.M.
(Chapter 40, Section 13A. WORKMEN'S COMPENSATION INSURANCE FUNDS.
Any city or town which has accepted chapter eight hundred and
seven of the acts of nineteen hundred and thirteen and which accepts
this section, by vote of the city council or of the voters in town
meeting, may appropriate an amount not exceeding in any one year one
twentieth of one per cent of its equalized valuation as defined in
section one of chapter forty -four to establish and maintain an in-
surance fund to pay workmen's compensation, from which any compensa-
tion payable under the provisions of sections sixty -nine to seventy -
five, inclusive, of chapter one hundred and fifty -two shall be paid;
but no money shall be appropriated for such purpose while the fund
(Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
Article 7. (Chapter 40, Section 13A (Cont.)
(Cont.)
equals or exceeds one per cent of such equalized valuation. Such
fund shall be managed and administered by the sinking fund
commissioners of the city or town, if any, otherwise by the commissioners
of trust funds of said city or town. If any city or town has such an
insurance fund, it may appropriate from such fund, including the in-
come thereof, such sums as may be necessary for the purpose of paying
a proper charge for effecting insurance to cover its liability to pay
workmen's compensation.)
Shirley H. Stolz gave written notice that she would disqualify
herself from any vote on Article 7.
Motion, as presented by Mr. Crain, declared carried unanimously.
8:46 P.M.
Article 15. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to the
assessment of betterments or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor; and to appropriate the sum of
$25,000.00 for such installation and land acquisition, and that such
amount be transferred from the Sale of Real Estate Fund.
8:47 P.M.
Mr. Busa stated this year the replacement water main would be on
Marrett Road, between Spring Street and Lincoln Street.
Carried Unanimously. 8:48 P.M.
Article 16. Presented by Robert B. Kent.
MOTION: That the sum of $28,000.00 be appropriated for engineering
services for a comprehensive study of the Town's drainage system,
and that such amount be raised in the tax levy.
8:49 P.M.
Mr. Kent stated that the total cost of the whole study would be
$184,000.00.
Carried Unanimously. 8:52 P.M.
Article 17. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 8:53 P.M.
Article 18. Presented by William T. Spencer.
MOTION: That the Selectmen be and they hereby are authorized to
install sewer mains and sewerage systems, install new or replacement
water mains, and make necessary street improvements in the areas
selected by the Lexington Housing Authority for their scattered sites
project, and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary therefor; and to
appropriate $30,550.00 for such installation, improvements and land
acquisition, and that such amount be raised in the tax levy.
Carried Unanimously. 8:54 P.M.
(A djourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
Article 19. Presented by Margery M. Battin.
MOTION: To establish as a town way and accept the layout of as a
town way Powers Court from Paul Revere Road a distance of 300 feet,
more or less, to end, as laid out by the Selectmen and shown upon a
plan on file in the office of the Town Clerk, dated January 4, 1979,
and to authorize the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary
therefor. 8:55 P.M.
Paul Riffin raised the question of the drainage problem at Paul Revere
Road and Powers Court and was told by Peter Chalpin of the Engineering
Department that this problem in to be remedied by the Department of
Public Works. 8:57 P.M.
In response to a question by William M. Fraser in regard to holding of
the bond of the developer until the street has been accepted by the
town meeting, Planning Board Member, Manfred P. Friedman stated that
when the construction work has been completed, the developer files to
have the bond released. 8:59 P.M.
Motion, as presented by Mrs. Battin, declared carried by voice vote.
9:05 P.M.
Article 20. Presented by Alfred S. Busa.
MOTION: That the sum of $1,000.00 be appropriated for filing fees in
connection with the acceptance of streets and that such amount be
raised in the tax levy.
Carried Unanimously. 9:08 P.M.
Article 21. Presented by Alfred S. Busa.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:09 P.M.
Article 22. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized to
construct concrete, bituminous concrete or other sidewalks, at such
locations as they shall determine, where the abutting owner pays one -
half of the cost or otherwise, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land and to
appropriate the sum of $50,000.00 for such construction and land
acquisition, and that such amount be transferred from the Sale of
Real Estate Fund.
9:10 P.M.
Mrs. Battin stated that the sidewalk to be constructed would be on
Wood Street from Bates Road to Holton Road. It would be five feet
wide, no berm but there would be curb cuts. All of the abutters, the
School Committee and the Board of Selectmen support this construction.
9:14 P.M.
In response to a question by John F. Downey, Jr., Comptroller, Richard
M. Perry said that the money being transferred from the Sale of Real
Estate Fund is from the sale of the Hancock School. 9:15 P.M.
Motion, as presented by Mrs. Battin, declared carried unanimously.
9:21 P.M.
Article 23. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to install
street lights in such unaccepted streets as they may determine prior to
the final adjournment of the 1980 Annual Town Meeting.
Carried Unanimously. 9:22 P.M.
(Adjourned Ses sion of the 1979 Annual Town Meeting - March 26, 1979.)
Article 24. Alfred S. Busa moved to lay Article 24 on the table.
Carried Unanimously. 9:22 P.M.
(See Pages 486 and 487)
Article 25. Presented by Robert B. Kent.
MOTION: That the sum of $30,000.00 be appropriated for constructing,
equipping and furnishing a storage building for the Department of
Public Works, and that to raise such amount $12,646.89 shall be
transferred from the appropriation under Article 2 of the warrant for
the special town meeting of January 11, 1971, and $17,353.11 be
raised in the tax levy.
9:23 P.M.
Mr. Kent stated that this storage building, which would not he
heated, would be erected at the rear of the existing building.
9:25 P.M.
Motion, as presented by Mr. Kent, declared carried unanimously.
9:28 P.M.
Article 26. Presented by Margery M. Battin.
MOTION: That the sum of $40,000.00 be appropriated for constructing,
equipping and furnishing an addition to the existing cemetery building,
and that to raise such amount $21,000.00 shall be transferred from
Westview Cemetery Sale of Lots Fund, $9,000.00 shall be transferred
from the appropriation under Article 25 of the warrant for the 1978
annual town meeting, and $10,000.00 be raised in the tax levy.
Carried Unanimously. 9:35 P.M.
Article,27. Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:36 P.M.
Article 28. Margery M. Battin moved to lay Article 28 on the table.
Carried Unanimously. 9:36 P.M.
(See Page 476)
Article 29. Presented by Alfred S. Busa.
MOTION: That the sum of $60,000.00 be appropriated to purchase a fire
truck for the Fire Department, that such amount be raised in the tax
levy, and that the Town Manager be authorized to trade in or sell
another fire truck with the proceeds to be applied to the cost of
the new truck. 9:36 P.M.
Mr. Busa stated that this new truck would replace engine 5, a 1964
truck.
Carried Unanimously. 9:38 P.M.
Article 30. James F. Crain moved to lay Article 30 on the table.
Carried Unanimously. 9:38 P.M.
(See Pages 412 - 418 inc.)
(Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
Article 31. Robert B. Kent moved that this article be postponed until after
Article 37.
Carried Unanimously. 9:40 P.M.
(See Page 409)
Article 32. Norman N. Connolly moved that this article be tabled.
Carried Unanimously. 9:40 P.M.
(See Page 428)
Article 33. Margery M. Batti.n moved to lay Article 33 on the table.
Carried Unanimously. 9:43 P.M.
(See Page 495)
Article 34. Presented by James F. Crain.
MOTION: That the sum of $20,000.00 be appropriated to construct a
storage vault in the Cary Memorial Building or other location, and
that such amount be raised in the tax levy.
Carried Unanimously. 9:45 P.M.
Article 35. Presented by Mary W. Miley.
MOTION: That the sum of $880.28 be appropriated to reimburse the
Lexington Historical Society for the cost of replacing the sprinkler
system in Buckman Tavern, and that to raise such amount the Selectmen
be authorized to request the Trustees of Public Trusts to make such
payment from the George I. Gilmore Trust.
Carried Unanimously. 9:46 P.M.
Daniel E. Power moved for a two minute recess at 9:46 P.M. The Moderator
called the recess at 9:46 P.M.
The Moderator called the meeting to order at 10 P.M.
Article 36. Robert B. Kent moved to lay Article 36 on the table.
Carried by voice vote. 10:02 P.M.
(See Page 418)
Article 37. Presented by Otis S. Brown, Jr.
MOTION: That the care, custody, management and control of the Munroe
School and the land adjoining it be transferred from the School De-
partment to the Board of Selectmen effective August 1, 1979; to
appropriate for such care, custody, management and control the sum of
$10,000.00 therefor; that such amount be raised in the tax levy; and
that the School Committee be authorized to dispose of surplus personal
property and material in connection with the transfer of surplus
buildings and the use of remaining buildings.
10:02 P.M.
Selectman Mary W. Miley urged that the town accept this school and the
same procedure would be followed as was used with the transfer of
Parker School. 10:03 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
Article 37. David G. Williams wanted assurance from the Board of Selectmen that
(Cont.) a neighborhood representative and a member of the Recreation
Committee would be appointed to the site committee and also that the
grounds and the building would be maintained after the transfer.
10:06 P.M.
Mrs. Miley, who is on the site committee, assured the meeting that the
building and grounds would be maintained and said that the Selectmen
would take under advisement the appointment of a member of the
Recreation Committee to the committee. 10:06 P.M.
Motion, as presented by Otis S. Brown, Jr., declared carried
unanimously. 10:06 P.M.
(See Page 408. Motion passed under Article 31. That this article 31 be post-
poned until after Article 37.)
Article 31. Presented by Robert B. Kent.
(See MOTION: That the subject matter of this article be referred to the
Page Selectmen with the direction that they consider fully the possible
408) use of the Munroe School or a part thereof as a senior citizens'
center and report thereon at the next annual or special town meeting.
Carried Unanimously. 10:10 P.M.
Article 38. Mary W. Miley moved to lay Article 38 on the table.
Carried by voice vote. 10:10 P.M.
(See Pages 476 - 485.)
Margery M. Batt.in moved that this meeting be adjourned to Wednesday, March 28,
1979 at 8 P.M. in Cary Memorial Hall. This motion was declared lost by voice
vote. 10:12 P.M.
Article 39. Judith J. Uhrig moved that Article 39 be postponed to Wednesday,
March 28, 1979.
Carried by voice vote. 10:13 P.M.
(See Pages 418 and 425 and 426)
Article 40. Judith J. Uhrig moved that Article 40 be postponed to April 2, 1979.
Carried by voice vote. 10:14 P.M.
(See Page 420 for motion as adopted)
Article 41. Judith J. Uhrig moved that Article 41 be postponed to Wednesday,
March 28, 1979.
Carried by voice vote. 10:15 P.M.
(See Page 426 for motion as adopted)
Article 42. (See Pages 410 and 467).
Article 43. (See Pages 411 and 467)
(Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
David G. Williams moved that Article 44 be taken up at this time.
Carried Unanimously. 10:17 P.M.
Article 44. Presented by Shirley H. Stolz.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation Commis-
sion, 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 128 on Assessors' Property Map 83 and described
in deed recorded in Middlesex South District of the Land Court as
Document Number 192944, Book 369, page 77, now or formerly of Costa,
that the sum of $11,000.00 be appropriated for such land acquisition,
and that to raise such amount $1,750.00 shall be transferred from the
appropriation under Articles 75, 82 and 83 of the Warrant for the 1969
Annual Town Meeting, $32.02 shall be transferred from the appropriation
under Article 44 of the Warrant for the 1976 Annual Town Meeting,
$147.75 shall be transferred from the appropriation under Article 61
of the Warrant for the 1976 Annual Town Meeting, $8,126.75 shall be
transferred. from the appropriation under Article 39 of the Warrant
for the 1978 Annual Town Meeting and $943.48 shall be transferred
from the Sale of Real Estate Fund.
10:21 P.M.
Mrs. Stolz told the meeting that the commission has a signed option.
Carried Unanimously. 10:24 P.M.
Susan S. Solomon moved that Article 45 be taken up at this time.
Carried Unanimously. 10.25 P.M.
Article 45. Presented by Susan S. Solomon.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation 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 61A on Assessors' Property Map 47, Lot 61 on Assessors'
Property Map 70 and Lot 35 on Assessors' Property Map 79.
Carried Unanimously. 10:27 P.M.
David G. Williams moved that Article 46 be taken up at this time.
Carried Unanimously. 10:28 P.M.
Article 46. Presented by David G. Williams.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:28 P.M.
Article 42. Francis W. K. Smith moved to lay Article 42 on the table.
Carried Unanimously. 10:28 P.M.
(See Page 467)
(Adjourned Session of the 1979 Annual Town Meeting - March 26, 1979.)
Article 43. Francis W. K. Smith moved to lay Article 43 on the table.
Carried Unanimously. 10:29 P.M.
(See Page 467)
Articles 44, 45 & 46. (See Page 410.)
Article 47. Margery M. Battin moved to lay Article 47 on the table.
Carried by voice vote. 10:29 P.M.
(See Page 505)
Article 48. Presented by Margery M. Battin.
MOTION: That a committee of three be appointed by the
Moderator to have the charge of the lectures under the wills of
Eliza Cary Farnham and Suzanna E. Cary for the current year.
Carried Unanimously. 10:30 P.M.
Article 49. Ephraim Weiss moved to lay Article 49 on the table.
Carried by voice vote. 10:31 P.M.
(See Page 428 for motion as adopted)
John F. Downey, Jr. moved that this meeting be adjourned to Wednesday, March 28,
1979 at 8 P.M. in Cary Memorial Hall. This motion to adjourn was declared
carried by voice vote. 10:31 P.M.
A true copy.
Attest:
e
r
Mary R. McDonough, Town Clerk
6 ADJOURNED SESSION OF THE 19 ANNUAL TOWN MEETING
HELD MARCH 28, 1979
The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln
P. Cole, Jr, at 8:10 P.M.
There were 183 Town Meeting Members present.
Invocation offered by Rev. Gordon MacDonald, Pastor of the Grace Chapel.
8:10 P.M.
James F. Crain moved that Article 30 be taken from the table.
Carried Unanimously. 8:10 P.M.
(See Page 407)
Article 30. Presented by James F. Crain.
(See MOTION: That the sum of $50,000.00 be appropriated to fund a local
Page transportation system, that such amount be raised in the tax levy,
414 and, in addition, that the Selectmen be authorized to apply for,
for accept and expend funds from the MBTA in connection therewith and
motion to contract with a private transit company to provide transporta-
as tion services. 8:11 P.M.
adopted.)
Mr. Crain requested that Sally Castleman, Chairman of the Trans-
portation Advisory Committee, be recognized and permission was
granted.
Ms. Castleman listed the four needs and other benefits of this system:
Needs Other Benefits
1. Elderly 1. Town Center
2. Youth 2. Other businesses
3. Parents 3. Energy
4. Handicapped 4. Town Spirit
Slides were shown of the "Minnybus System" that is now in effect in
Westport, Connecticut. 8:27 P.M.
Fred D. Rosenberg and Elaine Dratch, both members of the Transporta-
tion Advisory Committee, gave further explanations. Mrs. Dratch
spoke on the Chair Car Service stating that it would be on a call -in
basis and not run as the minibus. 8:37 P.M.
Robert J. Harris, a handicapped resident of Lexington since 1951, was
recognized and spoke for the handicapped who are very much in favor
of this proposition. 8:40 P.M.
Although many of the members were in favor of the concept, including
Selectman, Alfred S. Busa, they had specific reservations and worries
about the cost. 8:47 P.M.
Richard A. Michelson stated that the Board of Directors of the
Chamber of Commerce had voted in favor of this minibus and feel that
the costs should not exceed $50,000. 8:48 P.M.
Judith L. Zabin spoke for herself and the League of Women Voters
supporting this article. 8:51 P.M.
In response to a concern raised by Mary E. Shunney, Mr.. Crain said
there would be a complete campaign to make the residents aware of
the minibus and to have them utilize the system. 8:53 P.M.
Warren Roberts spoke at length in opposition to this project, being
recognized by the Moderator for a second ten minutes. 9:04 P.M.
Donald B. White stated that the Appropriation Committee disapproved
of this appropriation. 9:05 P.M.
Answering Fred C. Bailey, Mr. Crain said that this is a one year
program but could go on longer if effective. 9:08 P.M.
(Adjo urned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30. Sheila Clemon -Karp asked that when the vote is taken that it be
(Cont.) taken by written ballot. The Moderator stated that if fifty members
(or more) wished to have a written ballot, then a written ballot
would be taken. He asked for a standing vote of those in favor of
taking the vote by written ballot with result as follows:
Precinct Tellers In Favor of Written Ballot
1 Pamela Winston 6
2 Arthur C. Smith 8
3 Jeanne K. Krieger 12
4 Susan C. Hodgkins 9
5 Edward R. DuBois 4
6 Susan S. Solomon 4
7 Marthur H. Kalil 10
8 Eleanor H. Yasaitis 1
9 Anna P. Currin 4
At Large John R. Campbell 6
Total 64
More than the required fifty members in favor of a written vote when
the vote is taken on Article 30, the Moderator stated it will be a
written vote. 9:16 P.M.
Much discussion followed, both pro and con, including many speakers
from the balcony representing various youth groups who are supporting
this new project. 9:30 P.M.
Pamela Winston asked for a roll call vote on this article, but was
told by the Moderator that it was the wish of the meeting to have a
written vote. 9:32 P.M.
The time schedule of the minibus was discussed at length, many
feeling that the hours were not responsive to the needs of the town,
mainly the workers on there way to or from work. It was felt that
10 A.M. was too late to help the working individual and that the
hours should be extended. 9:41 P.M.
Ephraim Weiss moved:
That the sum of $50,000. be changed to $90,000.
9:41 P.M.
Pamela Winston moved that a roll call vote be taken on the amendment
but, there not being fifty members in favor of a roll call vote, the
roll call was not in order. 9:43 P.M.
Voice vote on Mr. Weiss's motion to amend was doubted by the Moderator
so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 10 Pamela Winston 5
2 16 Arthur C. Smith 2
3 9 Jeanne K. Krieger 11
4 10 Susan C. Hodgkins 7
5 17 Edward R. DuBois 3
6 12 Susan S. Solomon 4
7 6 Marthur H. Kalil 11
8 9 Eleanor H. Yasaitis 7
9 14 Anna P. Currin 3
At Large 10 John R. Campbell 11
Totals 113 64
Motion to amend Article 30, as offered by Mr. Weiss, adopted.
9:56 P.M.
Donald J. Shaw moved the previous question which was declared carried
by voice vote. 9:56 P.M.
(A djourned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30. Main motion as presented by Mr. Crain and amended by Mr. Weiss now
(Cont.) reads:
(Final MOTION: That the sum of $90,000.00 be appropriated to fund a local
motion transportation system, that such amount be raised in the tax levy, and,
as in addition, that the Selectmen be authorized to apply for, accept and
adopted) expend funds from the MBTA in connection therewith and to contract
with a private transit company to provide transportation services.
The tally sheets for the written vote on Article 30, as amended,
were distributed by the Town Clerk to the clerks of the various
precincts and to a teller for the Town Meeting Members at Large at
9:57 P.M. The completed sheets were returned to the Town Clerk and
the final tally completed at 10:08 P.M. with the result as follows:
(Final result announced by the Moderator at 10:10 P.M.)
WRITTEN VOTE ON M MOTION, AS AMENDED,UNDER ARTICLE 30.
PRECINCT ON YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon - Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr, x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 1.5 2 0 4
PRECINCT 'IWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Docks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 18 0 0 3
(Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT.)
(Cont.)
PRECINCT THREE YES NO ABSTAINED ABSENT
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
TOTALS 16 5 0 0
P RECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph O. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 18 1 0 2
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
(Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30, WRITTEN VOTE ON MAIN MOTION, AS AMEND UNDER ARTICLE 30. (CONT.)
(Cont.)
PRECINCT FIV (CONT.) YES NO ABSTAINED ABSENT
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 16 3 1 1
PRE CINCT SIX
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Downey, John F'. Jr. x
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
McDevitt, James J. x
Moore, H. Bigelow x
Nahlo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 16 3 0 2
PRECI S EVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 16 4 0 1
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Caring, lone D. x
Hagerty, Gerald F. x
(Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CO NT.)
(Cont.)
PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS 18 1 0 2
PRECINCT NINE
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L_ x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 18 1 0 2
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zenner, Louis A. x
TOTALS 6 1 2 0
(Adjourned Session of the 1979 Annual Town Meeting - March 28, 1979.)
Article 30. WRITTEN VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 30. (CONT
(Cont.) -- —
FINAL RESULTS YES NO ABS TAINED ABSENT TOTALS
Precinct One 15 2 0 4 21
Precinct Two 18 0 0 3 21
Precinct Three 16 5 0 0 21
Precinct Four 18 1 0 2 21
Precinct Five 16 3 1 1 21
Precinct Six 16 3 0 2 21
Precinct Seven 16 4 0 1 21
Precinct Eight 18 1 0 2 21
Precinct Nine 18 1 0 2 21
At Large 6 1 2 0 9
TOTALS 157 21 3 17 198
The Moderator declared the main motion, as amended, under Article 30
to be adopted. 10:10 P.M.
(See Page 414 for motion as adopted under Article 30.)
Robert B. Kent moved that Article 36 be taken from the table.
Carried Unanimously. 10:10 P.M.
(See Page 408)
Article 36. Presented by Robert B. Kent.
(See MOTION: That the Town vote to accept a gift of money for a bandstand
Chap. from the Lexington Rotary Club, authorize the Permanent Building
394 - Committee to carry out the project, and authorize the Board of Select -
Acts of men to petition the General Court for an act to permit the construction
19 7 9 •) of the bandstand on Hastings Park.
10:10 P.M.
Mary L. Touart, Chairman of the Permanent Building Committee, was
recognized and Levi G. Burnell of the Bicentennial Band gave the
background of the bandstand and answered many questions.
10 :20 P.M.
A Mr. Cohen and a Mr. Shore, residents of the area, both spoke from
the balcony in opposition.
Robert B. Kent informed the meeting that the Board of Selectmen
unanimously supported this article. 10:40 P.M.
After more discussion, John J. McWeeney moved the previous question
which was declared carried by voice vote. 10:52 P.M.
Main motion, as presented by Mr. Kent, declared carried by voice vote.
10:52 P.M.
At the March 26, 1979 session of this meeting, Judith J. Uhrig, Chairman of the
Recreation Committee, moved that Articles 39 and 41 be postponed until tonight,
March 28, 1979. The Moderator suggested to Mrs. Uhrig, that because of the
lateness of the hour and through no fault of her own, that she could move that
these two articles (39 and 41) be placed on the table. 10:53 P.M.
Article 39. Judith J. Uhrig moved to lay Article 39 on the table.
Carried Unanimously. 10:53 P.M.
(See Pages 409 and 425 and 426)
(Adjourned Session of the 1979 Annual Town Me - March 28, 1979.)
(At the March 19, 1979 session of this meeting (see page 390) Judith J.
Uhrig moved that line 2470 be divided from Article 4 and considered as a
separate item to be taken up after Article 39.)
Article 4. Judith J. Uhrig moved that line item 2470 under Article 4 be placed
on the table.
Carried Unanimously. 10:53 P.M.
(See Pages 390 and 426)
Article 41. Judith J. Uhrig moved to lay Article 41 on the table.
Carried Unanimously. 10:54 P.M.
(See Pages 409 and 426)
Margery M. Battin moved to adjourn this meeting to Monday, April 2, 1979 at
8 P.M. in Cary Memorial Hall. 10:55 P.M.
Shirley H. Stolz served notice of reconsideration of Article 36.
10:55 P.M.
The Moderator informed the meeting that the Planning Board intends to take
up Article 74 immediately after Article 57. 10:55 P.M.
Motion to adjourn this session of town meeting to Monday, April 2, 1979 at
8 P.M. in Cary Memorial Hall declared carried unanimously.
10:55 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOU SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD AP RIL 2, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:10 P.M. in Cary Memorial Hall.
There were 188 Town Meeting Members present.
Invocation offered by Rev. Ted R. Petterson, Pastor of the Church of Our
Redeemer. 8:12 P.M.
The Moderator called an "official recess" but asked that the members remain in
their seats. 8:12 P.M.
Sam V. Nablo introduced Robert Wilson, Coach of the Lexington Bantam Double. A
Youth Hockey Team who are the champions of the Commonwealth of Massachusetts.
Alfred S. Busa read a proclamation signed by the Board of Selectmen and Moderator
Cole read a resolution adopted by the State Legislature. 8:18 P.M.
At 8:19 P.M. the Moderator said that the meeting would now come to order.
James J. Scanlon moved that Article 40 be taken up at this time.
Carried Unanimously. 8:19 P.M.
(See Page 409)
Article 40. Presented by James J. Scanlon.
(As MOTION: That $675,000 be appropriated for the construction of an
adopted) outdoor swimming pool complex at the present site of the Center Pool
Complex and that to raise this amount the Treasurer with the approval
of the Selectmen be authorized to borrow $675,000 under G.L. c.44 s. 7
(See Pages as amended; that the Selectmen be authorized to take by eminent
506 - 508 domain, purchase or otherwise acquire any fee easement or other interest
for Spec. in land necessary to provide utilities therefor; that the Selectmen be
Referendum. authorized to apply for, accept, expend and borrow in anticipation
Action is of federal and state aid for such project; and that the Permanent
not Building Committee be authorized to carry out the project.
reversed) 8:20 P.M.
Irving H. Mabee, member of the Permanent Building Committee, gave a
presentation on this article. He stated that there were five bidders
and that the low bidder, P and H General Contractors of Revere, Mass.,
satisfied the committee in regard to the work that they have done in
the past. This new pool should meet the needs of the town for thirty
years. It will not contain any frills and the committee has made
many cost cutting decisions. As an example of the deletions he sited
the following: covered or closed year round pool; length and width
of pool reduced; less expensive lighting; and size of bathhouse
reduced. By starting construction June 1, 1979 rather than September
1, 1979 there would he a cost savings of $45,000. (Mr. Mabee was
recognized by the Moderator for the second ten minutes.) There will
be an increase in the price of the swim tags which will help defray
the expenses of the pool. It is figured that the swimmers pay 910 of
the expenses and the town pays only 9%. 8:38 P.M.
In response to a question raised by Selectman Alfred S. Busa, Mr. Mabee
stated that if the diving pool facilities were eliminated and were
replaced with a concrete deck, there would be a savings of $62,000.
8:44 P.M.
Donald B. White, Chairman of the Appropriation Committee stated that
a majority of his committee supported this article. They are in favor
of this expenditure and feel that we should get on with this job at
this time. 8:46 P.M.
Mary E. Shunney showed concern for the increase in the users fee and
that because of the increase that there might be a decrease in the
number of swimmers but Mr. Mabee responded that he felt that there
would be enough people subscribing so that there would not be any
problem. 8:48 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.)
Article 40. Richard A. Michelson asked what the swimming plans for this summer
(Cont.) would be and was answered by Mrs. Uhrig that it was going to be a
problem. There would be no classes beyond the beginner level.
8:50 P.M.
Robert Eby gave a breakdown of the fee schedule as requested by
Martin A. Gilman. 8:52 P.M.
Albert P. Zabin stated that a majority of the Planning Board
supported this article. 8:54 P.M.
In response to a question by David G. Williams, Town Counsel, Norman
P. Cohen stated that construction could start in June although the
fiscal year didn't start until July 1 because this is a borrowing
article and no money is to be raised in the tax levy.
8:57 P.M.
Mr. Kent said that a majority of the members of the Board of
Selectmen that were present tonight endorse this article.
8:58 P.M.
William J. Dailey, Jr., assisted by John R. Campbell with the slides,
spoke for the minority on the Appropriation Committee in opposition
to this article. He showed the decline in use of both the "res" and
the pool, a 33.10- decline 1972 vs. 1977 and also a decline in the
sale of swim tags. He also commented on the fact that the high school
students defeated this article at the Mock Town Meeting held by them
on March 13, 1979. Mr. Dailey concluded his talk by repeating that a
strong minority of the Appropriation Committee do not favor this
expenditure. 9:06 P.M.
In rebuttal to Mr. Dailey's statement, Mary Louise Touart, Chairman of
the Permanent Building Committee, informed the meeting that a majority
of the students favored the pool but they lacked the required two -
thirds vote. 9:07 P.M.
Elaine Dratch asked if the single use ticket would still be in effect
and was answered by Robert Eby that the one day charge would still be
in operation. 9:25 P.M.
Otis S. Brown, Jr.. moved the previous question at 9:44 P.M.
Martha C. Wood requested a roll call vote on the main motion when it
is taken and, as more than the required fifty members stood in favor
of the roll call vote, the Moderator stated that the vote would be
taken by roll call. 9:44 P.M.
Previous question was declared carried by voice vote. 9:45 P.M.
The roll call vote on the main motion under Article 40, as offered by
James J. Scanlon, was taken by the Town Clerk, Mary R. McDonough,
starting at 9:45 P.M. and completed at 9 :56 P.M. with the final tally
completed at 10 P.M. with the results as follows: (Final result
announced by the Moderator at 10:02 P.M.)
ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40
PREC ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampsom, Barry E. x
San tosuos so , Benny A. x
(Ad.jou Session of the 1979 Annual Town Meeting - April 2, 19 79_)
Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CONT.)
(Cont.)
PRECI ONE (CONT.) YES NO ABSTAINED ABSENT
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 7 13 0 1
PREC INCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Docks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 16 5 0 0
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
TOTALS 15 5 0 1
PRECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
(Adjourned Session of the 1979 Annual Town Meeting —April 2, 1979.)
Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40. (CONT.)
(Cont.)
PRECINCT FOUR (CONT.) YES NO ABSTAINED ABSENT
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph 0. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 17 3 0 1
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 12 9 0 0
PRECINCT SIX
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Downey, John F. Jr. x
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
McDevitt, James J. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 18 1 0 2
(Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.)
Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CON
(Cont.)
PRECINCT SEVEN YES NO ABSTAINED ABSENT
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 17 2 0 2
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS ll 7 0 3
PRECINCT NINE
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
(Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.)
Article 40. ROLL CALL VOTE ON MAIN MOTION OFFERED UNDER ARTICLE 40 (CONT.)
(Cont.)
PRECINCT NINE (CONT.) YES NO ABSTAINED ABSENT
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 14 6 0 1
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 5 1 2 1
FINAL RES ULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 7 13 0 1 21
Precinct Two 16 5 0 0 21
Precinct Three 15 5 0 1 21
Precinct Four 17 3 0 1 21
Precinct Five 12 9 0 0 21
Precinct Six 18 1 0 2 21
Precinct Seven 17 2 0 2 21
Precinct Eight 11 7 0 3 21
Precinct Nine 14 6 0 1 21
At Large 5 1 2 1 9
TOTALS 132 52 2 12 198
The Moderator declared the main motion, as offered by James J. Scanlon
under Article 40, adopted, as more than the required two- thirds had
voted in favor. 10:02 P.M.
(See Page 420 for motion as adopted.)
Alice M. Hinkle moved that Article 39 be taken from the table which was
declared carried unanimously. 10 :02 P.M.
(See Pages 409 and 418)
Article 39. Presented by Alice M. Hinkle.
MOTION: That the Town accept Section 53D of Chapter 44 of the General
Laws. 10:02 P.M.
(Chapter 44, Section 53D. RECREATION AND PARK SELF - SUPPORTING SERVICE
REVOLVING FUNDS.
Notwithstanding the provisions of section fifty - three, any city or
town which accepts the provisions of this section may establish in the
town treasury a revolving fund which shall be kept separate and apart
from all other monies by the treasurer and in which shall be deposited
the receipts received in connection with the conduct of self - supporting
recreation and park services of said city or town. The principal and
interest thereon shall be expended at the direction of the authority,
commission, board or official of such city or town with said responsi-
bility without further appropriation, but only with the written approval of
the mayor in cities, or city manager in Plan E cities, or the selectmen
( Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.)
Article 39.(Chapter 44, Section 53D (Cont.)
(Cont.)
in towns, or in towns which have adopted the town manager form of
government the town manager and only for the purpose of operating
self- supporting recreation and park services. The city auditor or town
accountant shall submit annually a. report of said revolving fund to
the mayor, city council, city manager, board of selectmen or town
manager for their review and a copy of said report shall be submitted
to the director of the bureau of accounts; provided that funds in said
revolving fund shall not be used to employ or pay the salary of any
employee or for the purchase of equipment; provided further that said
revolving fund shall not exceed the sum of five thousand dollars and
any amount in excess of five thousand dollars shall be paid into the
city or town treasury as provided in section fifty - three.
A city or town which has accepted the provisions of this section
may, in like manner, revoke its acceptance.)
James M. McLaughlin serves notice of reconsideration of Article 40. 10:07 P.M.
(See Pages 471 - 475)
Article 39. Motion, as presented by Mrs. Hinkle under Article 39, declared carried
(Cont.) by voice vote. 10:08 P.M.
Judith J. Uhrig moved that Article 4, line item 2470 be taken up at this time.
Carried Unanimously. 10:08 Y.M.
(See Page 390 and 419)
Article 4. (The following is Article 4, line item 2470 as presented at the
March 19, 1979 session of this meeting: (See Page 390)
Recreation Committee
#2470 Personal Services 120,825)
Judith J. Uhrig moved that line item 2470 under Article 4 be
amended by substituting the sum of $105,119 for $120,825.
10:10 P.M.
William T. Spencer asked what would happen if, for any reason, that
the new pool was not started this June and this money was needed
for personnel at the old pool. Mrs. Uhrig answered by saying that
the old pool would not be open this summer whether the new pool was
started or not. 10:11 P.M.
Mrs. Uhriq's motion to amend line item 2470 declared carried
unanimously. 10:11 P.M.
Motion under Article 4, line item 2470 as amended now reads:
(As
adopted) Recreation Commit
#2470 Personal Services 105,119
Motion under Article 4, line 2470, as amended, declared
carried unanimously. 10:11. P.M.
Judith J. Uhrig moved to take Article 41 from the table which was declared
carried unanimously. 10:12 P.M.
(See Page 409 and 419)
Article 41. Presented by Judith J. Uhrig.
MOTION: That the sum of $15,000.00 be appropriated for the develop -
(As ment of and upgrading neighborhood tot lots and parks in such locations
adopted) as the Recreation Committee may determine with approval of the Board of
Selectmen, and that such amount be raised in the tax levy.
10:12 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 2, 1979.)
Article 41. Mrs. Uhrig told the meeting that the Sutherland Heights Play Area
(Cont.) was badly in need of upgrading and showed some slides that backed
up her statement. 10:18 P.M.
Margery M. Battin stated that the four members of the Board of Select -
ment present tonight supported this article. 10:20 P.M.
Michael J. O'Sullivan, an abutter to the play area, Julian J. Buss -
gang and Nyles Nathan Barnert, Chairman of the Capital Expenditures
Committee, all urged support of the article. 10:25 P.M.
Main motion, as presented by Mrs. Uhrig, declared carried
unanimously. 10:25 P.M.
Mary W. Miley moved that Article 4, line item 3310 be taken up at this time
which was carried unanimously. 10 :25 P.M.
(See Page 390)
Article 4. The following is Article 4, line item 3310 as presented at the
March 19, 1979 session of this meeting: (See Page 390)
Health Department
#3310 Mystic Valley Mental Health $ 30,853*
*To which the sum of $30,853. in available and
(As anticipated P.L. 92 -512 as amended by P.L. 94 -488
adopted) (Genera Revenue Sharing Funds) is to be applied.
Mrs. Miley urged support of this motion and stated that 10% of
the town used the services of Mystic Valley Mental Health and
filed report. 10:27 P.M.
Nancy Banks, Assistant to the Town Manager, spoke for the Human
Services Council and Winifred L. L. Friedman, who had originally
moved that this article be postponed for a report, stated that
she supported Lexington's commitment to Mystic Valley. 10:35 P.M.
Ronald d'Cambre, Executive Director of Mystic Valley was introduced
and Mary Sanmartino also of Mystic Valley told of the services and
answered many questions from various members. 10:57 P.M.
John P. Carroll moved the previous question which was declared
carried by voice vote. 10:58 P.M.
The Moderator read line item 3310 as presented at the March 19,
1979 session. (see above)
Motion as presented by Mrs. Miley under Article 4, line item 3310
declared carried unanimously. 10:58 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday, April 4,
1979 at 8 P.M. in Cary Memorial Hall which was carried by voice vote. 10:59 P.M.
A true copy.
Attest:
`may ,, r
/ 44 ,141 / .. / v' TYw`L tl.Y.�
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HEL APRIL 4, 19
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:10 P.M. in Cary Memorial Hall.
There were 181 Town Meeting Members present.
Invocation offered by Rev. Polly Laughland of the Follen Community Church.
8:12 P.M.
Norman M. Connolly moved that Article 32 be taken from the table which was
carried unanimously. 8:12 P.M.
(See Page 408)
Article 32. Presented by Norman N. Connolly.
(As MOTION: That the sum of $5,000.00 be. appropriated to provide services
adopted) to the town by the Central Middlesex Assoc. for Retarded Citizens Inc.
( CMARC) in carrying out its endeavors under G.L. c.19, that said
amount be raised in the tax levy and that said funds be expended by
the Board of Health as provided in G.L. C 40, s.5 (40c).
8:13 P.M.
Chester Soule, Executive Director of CMARC was recognized and gave
an explanation of the services and the budget. 8:22 P.M.
Mary W. Miley said that the Selectmen are sympathetic but would like
to have the assessment completed first. She further stated that the
majority of the Board of Selectmen do not support this article.
8:23 P.M.
Donald B. White stated that the Appropriation Committee does not
support this article. 8:24 P.M.
After much discussion, most speakers supporting the article, James
Cataldo moved the previous question which was declared carried by
voice vote. 8:43 P.M.
Motion, as presented by Mr. Connolly, declared carried unanimously.
8:44 P.M.
Weiss
Ephrai /moved that Article 49 be taken from the table which was carried by
voice vote. 8 :44 P.M.
(See Page 411)
Article 49. Presented by Ephraim Weiss.
MOTION: That the Town vote to authorize the Selectmen, together with
the School Committee, to appoint an Energy Committee to serve the Board
(As of Selectmen, the School Committee, the Town Meeting and the Town at
adopted) large on all Town matters in which energy plays a substantive role, and
to serve as a focal point for energy information for the Town and by
the Town; and that the Energy Committee shall explore ways of re-
ducing energy use by the Town and thereby saving the Town money; and
that the Energy Committee shall review all proposed new Town building
construction projects on behalf of the Town for energy efficiency and
economy. 8:46 P.M.
Margery M. Battin said that the Board of Selectmen supported this
article. 8:50 P.M.
Otis S. Brown, Jr. spoke on the Energy Committee that had been
appointed by the School Committee and listed the members serving on
this committee. He said that the consumption of energy in the schools
had been reduced by 25% in the last five years. 8:52 P.M.
Mrs. Battin stated that the committee would be strictly advisory.
8:58 P.M.
(Adjourned Session of the 1979 Annual T own Meetin - April 4, 1979.)
Article 49. James J. Scanlon moved to amend Article 49 but, as the Moderator
(Cont.) questioned the amendment, he, the Moderator, called a five minute
recess at 9:09 P.M.
The meeting was again called to order by the Moderator at 9:22 P.M.
at which time, as there were no objections, Mr_. Scanlon withdrew his
motion to amend. 9:22 P.M.
James M. McLaughlin moved that Article 49 be referred back to the
Board of Selectmen for further study. 9:23 P.M.
Referral motion was declared lost by voice vote, which was doubted by
more than twenty members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 11 Bernice Manning 3
2 11 Arthur C. Smith 7
3 6 Jeanne K. Krieger 13
4 12 Susan C. Hodgkins 5
5 8 Edward R. DuBois 11
6 4 Susan S. Solomon 12
7 2 Marthur H. Kalil 15
8 13 Eleanor H. Yasaitis 5
9 7 Anna P. Currin 10
At large 9 Harry A. Hall III 7
Totals 83 88
Mr. McLaughlin's motion to refer does not prevail. 9:30 P.M.
Paul V. Riffin moved the previous question which was declared
carried by voice vote. 9:30 P.M.
Main motion, as presented by Mr. Weiss, declared carried by voice
vote, which was doubted by more than twenty members, so a standing
vote was taken as follows:
Pr ecinct In Favor Tellers Opposed
1 5 Bernice Manning 9
2 7 Arthur C. Smith 1.1
3 14 Jeanne K. Krieger 4
4 9 Susan C. Hodgkins 8
5 10 Edward R. DuBois 10
6 13 Susan S. Solomon 3
7 14 Marthur H. Kalil 3
8 5 Eleanor H. Yasaitis 12
9 14 Anna P. Currin 3
At large 11 Harry A. Hall III 7
Totals 102 70
Main motion, as presented by Mr. Weiss, was declared adopted.
9:34 P.M.
Article 50. Presented by Ephraim Weiss.
MOTION: That the Town vote to authorize the Selectmen and School
(See Committee, through the Energy Committee, to conduct energy audits of
Pg. 430 all public buildings in the Town, that such energy audits shall be
for designed to provide the Town with information on energy inputs,
adopted energy losses, and energy use in each building, to provide the basis
motion) for decisions on the most effective and economical policies, procedures
and investments by the Town; and that the Energy Committee shall be
authorized to apply for and receive funds on behalf of the Town for
use by authorized Town departments and agencies for programs related
to energy; and that five thousand dollars shall be appropriated for
these purposes, and that such amount be raised on the tax levy.
9:34 P.M.
The Board of Selectmen, according to Mrs. Battin, support all but the
appropriation. There is money in the professional budget if needed.
9:38 P.M.
'P (Adjourned Sessi of the 1979 Annual Town Meeting - April 4, 1979.)
i
Article 50. Donald B. White, Chairman of the Appropriation Committee moved that
(Cont.) Article 50 be amended to strike out the phrase "and that five thousand
dollars shall be appropriated for these purposes, and that such
amount be raised on the tax levy ". 9:38 P.M.
Mr. White stated that the Appropriation supported the article with
the exception of the appropriation. 9:38 P.M.
William E. Maloney, Jr. moved the previous question which was
declared carried by voice vote. 9:40 P.M.
Motion to amend, as offered by Mr. White, declared adopted by voice
vote. 9:41 P.M.
Main motion, as amended, now reads:
(Motion MOTION: That the Town vote to authorize the Selectmen and School
as Committee, through the Energy Committee, to conduct energy audits of
adopted) all public buildings in the Town, that such energy audits shall be
designed to provide the Town with information on energy inputs,
energy losses, and energy use in each building, to provide the basis
for decisions on the most effective and economical policies, pro-
cedures and investments by the Town; and that the Energy Committee
shall be authorized to apply for and receive funds on behalf of the
Town for use by authorized Town departments and agencies for programs
related to energy.
Main motion, as amended, declared adopted by voice vote. 9:42 P.M.
Ephraim Weiss moved to lay Article 51 on the table but this motion was
declared lost by voice vote. 9:42 P.M.
Article 51. Presented by Ephraim Weiss.
MOTION: That the Town vote to authorize the Selectmen to create the
position of Energy Manager for the Town to manage town programs in-
volving energy use; to manage the efforts of the Energy Committee on
behalf of the Town; to help develop policies, procedures and invest-
ments by the Town which are effective and economical through better
management of energy; to identify sources of external financial
assistance which will benefit the Town; to assist the Town in applying
for and receiving funds for the Town; and to explore other avenues of
saving money for the Town and its residents through prudent use of
energy; and to appropriate therefor eighteen thousand dollars, and
that such amount be raised on the tax levy.
9:43 P.M.
Margery M. Battin said that the Board of Selectmen did not support
this article. Otis S. Brown, Jr. said that the School Committee was
unanimously opposed to the article and Donald B. White said that the
Appropriation Committee did not support the article. 9:47 P.M.
In order to clarify the position of the School Committee, one of its
members, Prank I. Michelman, said that at the time they had taken
their vote he had said that he would prefer to hear the debate on
this article before making his decision. 9:48 P.M.
Motion, as presented by Mr. Weiss, declared lost by voice vote.
9:48 P.M.
Article 52. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized to convey
all the Town's right, title and interest in a four foot wide easement
originally reserved by the Town in a deed to Manhattan Builders Inc.
dated October 4, 1965, recorded in Middlesex South Registry of Deeds,
Book 10948, Page 422 to Lexington Enterprises, Inc., operator of the
Peking Garden Restaurant, 29 -41 Waltham Street, for one dollar, provided
L the grantee will bear all expenses of the conveyance.
Carried Unanimously. 9:50 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.)
Article 53. Presented by Alfred S. Busa.
MOTION: That Section 2 of Article XXVIII of the General By -Laws of
the Town of Lexington be amended as set forth in the article.
9:50 P.M.
(Article 53 as set forth in the article:
To see if the Town will vote to amend Section 2 of Article XXVIII of
the General By -Laws of the Town of Lexington (bog Leash Law) by
deleting in the second sentence thereof'the words "not more than
twenty -five dollars for each offense" and substituting therefor the
words "fifty dollars or the maximum permitted by Section 173A of
Chapter 140 of the General Laws, whichever is higher "; or act in any
other manner in relation thereto.)
James E. Barry spoke at length in opposition to this article and moved
that when the vote was taken on this article that it be taken by a
roll call vote. There were not fifty members in favor of a roll call
vote on this article so Mr. Barry's motion did not prevail.
10:01 P.M.
The Moderator stated that', the meeting was in recess subject to the
call of the chair. 10:04 P.M.
The meeting was called to order by the Moderator at 10:05 P.M.
As a question was raised regarding the wording of this motion, the
Moderator called a five minute recess at 10:07 P.M.
The Moderator called the meeting to order at 10:15 P.M.
Alfred S. Busa presented a substitute motion as follows:
MOTION: That the motion under Article 53 read as follows:
(Motion MOTION: That Section 2 of Article XXVIII of the General By -Laws of
as the Town of Lexington be amended by deleting in the second sentence
adopted) thereof the words "not more than twenty -five dollars for each offense"
and substituting therefor the words "up to fifty dollars or the maxi -
(Approved mum permitted by Section 173A of Chapter 140 of the General Laws,
by Atty. whichever is higher.." 10:18 P.M.
General,
Aug. 16, Mr. Busa's motion to substitute is adopted by voice vote.
1979. 10:18 P.M.
Published
in Lex. The Moderator stated that the substitute motion is now the main
Min. Man motion.
Sept. 13
& 20, After general discussion,! Stephen W. Doran moved the previous
1979.) question which was declared carried by voice vote. 10:34 P.M.
Main motion, which is the substitute motion presented by Mr. Busa,
declared carried by voice vote. 10:34 P.M.
Article 54. Presented by Alice M. Hinkle.
MOTION: That section 7 of Article XXV of the General By -Laws of the
(Approved Town of Lexington be amended by striking such Section and substituting
by Atty. therefore the following:
General,
Aug. 16, Except as hereinafter provided, no person shall use or operate on any
1979. sidewalk or independent bicycle path any vehicle, except a wheelchair,
Published not being propelled by hand.
in Lex.
Min. Man Non - motorized bicycles may be ridden on independent bicycle paths,
Sept. 13 designated b the Selectmen and marked as bike
g y paths or bike routes.
& 20,
When necessary in the interest of public safety, non - motorized bicycles
1979.) may be ridden on sidewalks, except within business districts and
within such other areas as may be designated by the Selectmen.
In all other respects, bicycles shall be operated according to
Chapter 85, Section 11B of the General Laws of Massachusetts.
10:36 P.M.
(Adjourned Session of the 1979 Annual Town Meeting —April 4, 1979.)
Article 54. Weiant Wathen -Dunn of the Bicycle Sub - committee was recognized and. he
(Cont.) gave a presentation on the article. He stated that the purposes of
the proposed change were: to promote the safety of bicycle riders;
to make the by -law conform to current, accepted practice in the town,
and, to make the by -law conform to what is permitted by state law.
10:43 P.M.
The Board of Selectmen support the article according to Robert B.
Kent. 10:44 P.M.
Main motion, as presented by Mrs. Hinkle, declared carried
unanimously. 10:46 P.M.
James E. Barry served notice of reconsideration of Article 53. 10:46 P.M.
Article 55. Presented by Mary W. Miley.
MOTION: That Article XXV of the General By -Laws of the Town of
(Approved Lexington be amended by adding a new Section 23A thereto as set forth
by Atty. in the article. 10:47 P.M.
General,
Aug. 16, (Article 55 as set forth in the article:
1979.
Published To see if the Town will vote to amend Article XXV of the General By-
in Lex. Laws of the Town of Lexington by adding a new section 23A thereto as
Min. Man follows:
Sept. 13
& 20, Section 23A. No person shall throw, dump or cause to be deposited
1979.) in any brook, stream, water course or drainage facility within the
town any trash, rubbish, debris, refuse or other material such as
grass clippings, brush, tree limbs or similar items which will
obstruct or impede the free flow of water. The penalty for violation
of this by -law shall be one hundred dollars for each offense.
or act in any other manner in relation thereto.)
Mrs. Miley said that the Board of Selectmen urged passage of this
article. 10:46 P.M.
Motion, as presented by Mrs. Miley, declared carried unanimously.
10:47 P.M.
Article 56. Presented by Mary W. Miley.
(See MOTION: That Article XXV of the General By -Laws of the Town of Lex-
Page ington be amended by adding a new Section 28 thereto as set forth in
465 the article.
for
motion (Article 56 as set forth in the article:
to
refer To see if the Town will vote to amend Article XXV of the General By-
to Laws of the Town of Lexington by adding a new Section 28 thereto as
Selectmen) follows:
Section 28. No person shall install, maintain or use a mechanical
protection device that is automatically keyed to or activates the
telephone numbers or lines controlled by or listed to the Police
Department or Fire Department, without written approval of the
Department Head. All such devices shall be removed, or appropriate
written approval obtained, within 60 days of the effective date of
this by -law. For the purpose of this by -law, mechanical protection
devices shall be defined as follows: An electrically operated instru-
ment composed of sensory apparatus and related hardware which auto-
matically sends over regular telephone lines, by direct connection
or otherwise, pre - recorder voice alarm upon receipt of a stimulus
from the sensory apparatus that has detected a physical force or
condition characteristic of a fire or unauthorized intrusion.
or act in any other manner in relation thereto.)
(Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.)
Article 56. Mrs. Miley described the two systems that are in use now and said
(Cont.) that the Board of Selectmen urged support of this article.
10:50 P.M.
Roy Weinstein moved that this article be referred back to the Select -
ment for further study. 10:53 P.M.
Discussion followed, both pro and con, and Police Chief, James F.
Corr answered some of the questions. 11:03 P.M.
Motion to refer back to Selectmen was declared lost by voice vote,
which was doubted by more than twenty members, so a standing vote
was taken as follows:
Precinct In Favor Tellers Opposed
1 4 Bernice Manning 7
2 13 Arthur C. Smith 5
3 2 Jeanne K. Krieger 18
4 5 Susan C. Hodgkins 10
5 10 Edward R. DuBois 10
6 6 Susan S. Solomon 10
7 12 Marthur H. Kalil 5
8 5 Eleanor H. Yasaitis 10
9 6 Anna P. Currin 7
At large 8 John R. Campbell 9
Totals 71 91
Motion to refer, as offered by Mr. Weinstein, does not prevail.
11:07 P.M.
After general discussion, James M. McLaughlin moved the previous
question which was declared carried by voice vote. 11:21 P.M.
Ephraim Weiss asked if it was in order to table this article and, if
so, he so moved. 11:22 P.M.
It being in order to table, Ephraim Weiss moved to lay Article 56 on
the table. 11:23 P.M.
The Moderator informed the meeting that if the motion to table
prevailed, but when it is taken from the table there would be no time
left for debate. 11:23 P.M.
Voice vote on the motion to table Article 56 was doubted by the
Moderator, so he asked for a standing vote. Results as follows:
Precinct In Favor Tellers opposed
1 0 Bernice Manning 9
2 7 Arthur C. Smith 11
3 8 Jeanne K. Krieger 11
4 9 Susan C. Hodgkins 8
5 7 Edward R. DuBois 11
6 3 Susan S. Solomon 12
7 13 Marthur H. Kalil 4
8' 3 Eleanor H. Yasaitis 11
9 9 Anna P. Currin 7
At large 4 John R. Campbell 14
Totals 63 98
Motion to table Article 56 does not prevail. 11:25 P.M.
Frank Sandy moved that this meeting be adjourned to Monday, April 9,
1979 at 8 P.M. but this motion was declared lost by voice vote.
11:25 P.M.
Main motion, as presented by Mrs. Miley, declared carried by voice
vote. 11:26 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 4, 1979.)
Roy Weinstein served notice of reconsideration of Article 56. 11:26 P.M.
Margery M. Battin moved that this meeting be adjourned to Monday, April 9, 1979
at 8 P.M. in Cary Memorial Hall. 11:27 P.M.
A true copy.
Attest:
I c r
i
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD APRIL 9, 1979
In the absence of the Moderator, Lincoln P. Cole, Jr. (State Representative
Cole was at the State House at a legislative session), Town Clerk, Mary R.
McDonough called the meeting to order at 8:09 P.M. in Cary Memorial Hall_
In accordance with Article V, Section l of the General By -Laws of the Town of
Lexington the next order of business was to elect a Temporary Moderator for this
session of town meeting. The Town Clerk asked for nominations from the floor.
Margery M. Battin nominated Robert B. Kent. There being no more nominations, the
Town Clerk announced that nominations were closed. On a voice vote, Robert B. Kent
was declared Temporary Moderator for this session of town meeting and was sworn to
the faithful performance of his duties by the Town Clerk at 8:10 P.M.
There were 181 Town Meeting Members present.
Invocation offered by Rabbi Joel H. Meyers of Temple Emunah. 8:12 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, informed the meeting
that the Board had voted to present the three major articles and the three line
items pertaining to solid waste at the April 23, 1979 adjourned session of this
meeting. At the end of the discussion on each of these items, a motion will be
made to table the motion and at the April 25, 1979 session a motion will be made
to remove from the table in order that the vote may be taken. 8:14 P.M.
Article 57. Alfred S. Busa moved that this article be placed on the table.
Carried by voice vote. 8:15 P.M.
(See Page 486)
Albert P. Zabin moved that Article 74 be taken up at this time which was
carried by voice vote. 8:15 P.M.
Article 74. Presented by Albert P. Zabin.
MOTION: That the resolution set forth in the report of the Planning
Board on this article be adopted.
8:15 P.M.
(See
Page (Resolution as set forth in the report of the Planning Board:
443
for HOUSING POLICY PLAN
motion
as The Town recognizes the high cost of land and construction and the
adopted) unavailability of low cost housing in the Town of Lexington. Residents
are forced to leave, and other citizens are effectively excluded from
Lexington solely because they are of low or moderate income. It is a
benefit to the Town to maintain diversity among its residents.
WHEREAS the Town recognizes that it, along with other towns and cities
in the metropolitan Boston area, has an obligation to provide some
housing for persons of low, moderate and "fixed" income.
AND WHEREAS the Town recognizes that the cost of maintaining houses in
Lexington is rising because of increasing inflation and taxes so that
many citizens living in Lexington may soon be unable to remain in the
Town, the Town adopts the following housing policy.
The Lexington Housing Authority, the Board of Selectmen and the Planning
Board are directed to give priority to the development of low and
moderate income family housing, to be followed in priority by the
development of additional housing for the elderly. The Town shall use
its best efforts to provide not less than an average of 25 newly
constructed or rehabilitated family units for low and moderate income
families and 15 new units for the elderly, each year over the next
six years.
It is the primary responsibility of the Lexington Housing Authority to
achieve this goal, and the Authority is directed by the Town Meeting to
pursue the achievement of that goal as vigorously as possible, making
use of any and all available state and federal subsidy programs,
statutes and regulations.
(Adjourned Session of th 19 79 Annual Town Meeting - April 9, 1979.)
Article 74. (Resolution as set forth in the report of the Planning Board: (Cont.)
(Cont.)
The Lexington Housing Authority, in selecting sites for new housing,
shall be guided, insofar as is reasonably practicable, by the rec-
ommendations for "guidelines for development" and "criteria for
evaluation" in the "Report to the Lexington Planning Board From a
Joint Government and Citizens Advisory Committee on Housing Policy ",
dated December, 1978.
All Town agencies and boards are directed to cooperate fully with the
Lexington Housing Authority for the achievement of these goals.
The Lexington Planning Board is further directed to encourage private
developers of multi -unit developments to include in their developments
units for low and moderate income families. Future Town Meetings are
further urged to make full use of provisions of the Zoning Act
permitting density and other concessions to developers in return for
significant contributions to the inventory of low and moderate income
housing. The Planning Board is further directed to study the feasibility
and propose zoning changes which will promote the availability and which
will enable the construction of less expensive housing than can
currently be built in Lexington.
At each annual Town Meeting beginning in 1980, the Lexington Housing
Authority and the Planning Board shall report to the Town Meeting the
progress of the Town boards towards the achievement of the goals of
this housing policy and plan. This report shall describe the efforts
made in the preceding year to achieve these goals, and their plans
to achieve those goals not yet realized.)
Mr. Zabin gave a lengthy report on this article and urged support.
8:33 P.M.
Margery Battin said that a majority (4 Members) of the Board of
Selectmen supported this resolution and urged adoption. 8:37 P.M.
Julian J. Bussgang moved substitute motion for Article 74 as set forth
in the enclosed motion previously distributed to the Town Clerk and to
members of each precinct.
(Substitute Motion under Article 74: HOUSING POLICY PLAN
To see if the Town will adopt the following resolution relating to a
housing policy plan for the Town:
WHEREAS the Town of Lexington recognizes that it, along with other
towns and cities in the metropolitan Boston area has a shortage of
housing for persons of low, moderate and "fixed" income, whereas cost
of land and construction are high;
AND WHEREAS the cost of maintaining houses in Lexington is rising be-
cause of increasing inflation and taxes so that many citizens may
soon be unable to remain in the Town;
AND WHEREAS it is a benefit to the Town to maintain diversity among
its residents, and not to lose long -term residents or exclude new
residents solely because they are of low or moderate income;
AND WHEREAS the Town recognizes that it is vital that basic human
needs for housing be met; the Town adopts the following housing policy.
The Lexington Housing Authority, the Board of Selectmen, and the
Planning Board are directed to give vigorous attention to the managed --
growth of low and moderate income family housing to be followed in
priority by the additional housing for the elderly. The prime goal
shall be to increase the number of subsidized family units of all
varieties of forms of housing assistance to a total of 174 units by
the end of 1983 or, on the average, 25 units each year, and the
corresponding numbers of subsidized elderly units to a total of 238 or,
on the average, 15 units each year.
(Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.)
Article 74. (Mr. Bussgang's substitute motion: (Cont.)
(Cont.)
It is the primary responsibility of the Lexington Housing Authority
to achieve this goal, and the Authority is directed by the Town
Meeting to pursue the achievement of that goal as vigorously as
possible, making use of any and all available state and federal
subsidy programs.
The Lexington Housing Authority shall make every effort to expand the
rental subsidy programs and, in selecting sites for new housing, shall
consider the recommendations for "guidelines for development" and
"criteria for evaluation" in the "Report to the Lexington Planning
Board from a Joint Government and Citizens Advisory Committee on
Housing Policy ", dated December 1978.
All Town agencies and boards are directed to cooperate fully with the
Lexington Housing Authority for the achievement of these goals.
The Lexington Planning Board is further directed to propose to
future Town Meetings new and refined zoning ordinances designed to
expand the inventory of low and moderate income housing through better
use of existing structures, development bonuses or lower cost con-
struction. In pursuing this effort the Board shall foster land
management techniques that minimize environmental damage and shall
strive to maintain historic and aesthetic qualities of the Town.
At each annual Town Meeting beginning in 1980 and ending in 1984, the
Lexington Housing Authority and the Planning Board shall report to
the Town Meeting the progress of the Town boards towards the achieve -
ment of the goals of this housing policy and plan. This report shall
describe the efforts made in the preceding year and the plans to
achieve these goals and shall list the number of the then existing
housing units under different assistance programs.)
8:39 P.M.
Mr. Bussgang, who offered the substitute motion on behalf of himself_
and of Mr. Arthur Smith, gave an explanation of his motion. 8:54 P.M.
Mr. Zabin, saying that the Planning Board had reviewed the substitute
motion seriously, said that the Planning Board opposed this motion.
8:58 P.M.
Mrs. Battin said that the Board of Selectmen recommended that the
substitute motion not be adopted. 9 P.M.
Mary E. Shunney moved that the substitute motion be referred back
to the Planning Board. 9:06 P.M.
Mrs. Battin, who said that the Board of Selectmen must file a fair
housing plan this year, said that this is the responsibility of the
Selectmen no matter what town meeting adopts. The town meeting does
not have to do anything but the Selectmen must. 9:13 P.M.
Mr. Zabin informed the meeting that we could lose federal funds if we
do not have a housing policy program. 9:18 P.M.
Alfred S. Busa, Selectman, supported the motion to refer. 9:26 P.M.
Motion to refer the substitute motion back to the Planning Board, as
offered by Mrs. Shunney, declared lost by voice vote. 9:28 P.M.
Mr. Bussgang's motion to substitute was declared lost by voice vote,
which was doubted by more than twenty members, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1 9 Pamela Winston 5
2 14 Arthur C. Smith 6
3 12 Jeanne K. Krieger 8
4 8 Susan C. Hodgkins 9
5 9 Edward R. DuBois 9
6 5 Susan S. Solomon 13
7 5 Marthur H. Kalil 13
8 13 Eleanor H. Yasaitis 3
9 7 Anna P. Currin 7
(Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.)
Article 74. Standing vote on Mr. Bussqang's motion to substitute: (Cont.)
(Cont.)
Precinct In Favor Tellers Opposed
At large 9 John R. Campbell 9
Totals 91 82
Mr. Bussgang's motion to substitute is adopted. 9:35 P.M.
The Temporary Moderator stated that the substitute motion is now the
order of the meeting.
George P. Wadsworth moved to substitute a motion as follows:
Whereas the Town Meeting recognizes its obligation to insist
upon an increase in the Lexington tax base, both residential and
commercial, in order to maintain the services citizens want at prices
they can afford to pay.
And Whereas the Town Meeting recognizes that a more realistic
approach is needed to solve the dilemma of the citizens who wish to
remain in Lexington but find it increasingly difficult because of
inflation and increasing taxes.
And Whereas the Town Meeting recognizes the need of a continuing
effort to maintain the value of the residential property of its
citizens.
The Lexington Housing Authority, the Board of Selectmen and the
Planning Board are directed to achieve these goals by bringing to
subsequent Town Meetings appropriate land developments. At the same
time they are directed to present to those subsequent Town Meetings
their evaluation of the progress made to date toward satisfying the
above mentioned goals. Such evaluations should give to the Town
Meeting Members a more definitive picture of the ultimate needs for
low and moderate income housing.
9:38 P.M.
After Mr. Wadsworth gave an explanation of his motion a voice vote
was taken and his motion to substitute was declared lost.
9:47 P.M.
Frank Sandy moved that Article 74 motion be further amended by
striking the words "the number of subsidized family units of all
varieties of forms of housing assistance" and substituting "the
number of low and moderate income family units ". 9:47 P.M.
After general discussion, Daniel E. Power moved the previous
question which was declared carried by voice vote. 10:13 P.M.
Voice vote on Mr. Sandy's motion to amend was doubted by the Temporary
Moderator, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 0 Pamela Winston 14
2 1 Arthur C. Smith 20
3 11 Jeanne K. Krieger 7
4 3 Susan C. Hodgkins 14
5 3 Edward R. DuBois 13
6 11 Susan S. Solomon 6
7 11 Marthur H. Kalil 7
8 5 Eleanor H. Yasai.tis 11
9 4 Anna P. Currin 10
At large 13 John R. Campbell 6
Totals 62 108
Mr. Sandy's motion to amend does not prevail. 10:17 P.M.
Susan S. Beck requested that a roll call vote be taken on the main
motion, and as there were more than the required fifty members in
favor of the roll call, the Temporary Moderator declared that the vote
on the main motion for Article 74 would be taken by roll call.
10:18 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.)
Article 74. Mr. Zabin stated that the Planning Board unanimously endorsed the
(Cont.) article which is now before the meeting. 10:20 P.M.
The roll call vote on the main motion, which is the substitute motion
offered by Mr. Bussgang, was taken by the Town Clerk, Mary R.
McDonough, starting at 10:23 P.M. and completed at 10:34 P.M. with
the final tally completed at 10:38 P.M. with the results as follows:
(Final result announced by the Temporary Moderator, Robert B. Kent
at 10:38 P.M.)
ROLL CALL VO ON MAIN MO'T'ION UNDER ARTICLE 74 (MR. BUSSGANG'S SUB-
STITUTE MOTION IS NOW THE MAIN MOTION)
PRECINCT ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
Totals 15 0 0 6
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Dooks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
Totals 21 0 0 0
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
(Adjo urned Session of the 1979 Annual Town M - April 9, 1979.)
Article 74. ROL C ALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S
(Cont.) SUBSTIT MOTIO IS NOW THE MAIN MOTION) (CONT.)
PRECINCT THREE (C ONT.) YES NO ABSTAINED ABSENT
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x `
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
Totals 19 0 0 2
PRECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph 0. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
Totals 19 0 0 2
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
Totals 17 1 0 3
(Adjourned Session of the 1979 Annual Town Meeting - April 9, 1979.)
Article 74. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S
(Cont.) SUBSTITUTE MOTION IS NOW THE MAIN MOTION) (CONT.)
PRECINCT SIX YES NO ABSTAINED ABSENT
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Downey, John F. Jr. x
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
McDevitt, James J. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
Totals 20 0 0 1
PRECINCT SEVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
Totals 21 0 0 0
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Caring, Ione D. x
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
(Adjourn Session of the 1979 Annual Town Meeting - April 9, 1979.)
Article 74. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 74 (MR. BUSSGANG'S
(Cont.) SUBSTITUTE MOTION IS N OW THE MAIN MOTION) (CONT.)
PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT
Toye, Stanley E. x
Yasaitis, Eleanor H. x
Totals 18 0 2 1
PRE CINCT NI
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Cur_rin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
Totals 16 0 0 5
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
Totals 8 0 0 1
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 15 0 0 6 21
Precinct Two 21 0 0 0 21
Precinct Three 19 0 0 2 21
Precinct Four 19 0 0 2 21
Precinct Five 17 1 0 3 21
Precinct Six 20 0 0 1 21
Precinct Seven 21 0 0 0 21
Precinct Eight 18 0 2 1 21
Precinct Nine 16 0 0 5 21
At Large 8 0 0 1 9
TOTALS 174 1 2 21 198
The Temporary Moderator, Robert B. Kent, declared the main motion,
which is Mr. Bussgang's substitute motion, to be adopted.
10:38 P.M.
(See next page for motion as adopted under Article 74.)
(Ad journed Session of the 1979 Annual Town Meeting - April 9, 1979.)
Motion as adopted under Article 74. (See previous page for final vote.)
Article 74. MOTION: HOUSING POLICY PLAN
(Cont.)
WHEREAS the Town of Lexington recognizes that it, along with other
towns and cities in the metropolitan Boston area has a shortage of
(Motion housing for persons of low, moderate and "fixed" income, whereas cost
as of land and construction are high;
adopted)
AND WHEREAS the cost of maintaining houses in Lexington is rising
because of increasing inflation and taxes so that many citizens may
soon be unable to remain in the Town;
AND WHEREAS it is a benefit to the Town to maintain diversity among
its residents, and not to lose long -term residents or exclude new
residents solely because they are of low or moderate income;
AND WHEREAS the Town recognizes that it is vital that basic human needs
for housing be met; the Town adopts the following housing policy.
The Lexington Housing Authority, the Board of Selectmen, and the
Planning Board are directed to give vigorous attention to the managed
growth of low and moderate income family housing to be followed in
priority by the additional housing for the elderly. The prime goal shall
be to increase the number of subsidized family units of all varieties of
forms of housing assistance to a total of 174 units by the end of 1983
or, on the average, 25 units each year, and the corresponding numbers
of subsidized elderly units to a total of 238 or, on the average, 15
units each year.
It is the primary responsibility of the Lexington Housing Authority to
achieve this goal, and the Authority is directed by the Town Meeting
to pursue the achievement of that goal as vigorously as possible,
making use of any and all available state and federal subsidy programs.
The Lexington Housing Authority shall make every effort to expand the
rental subsidy programs and, in selecting sites for new housing, shall
consider the recommendations for "guidelines for development" and
"criteria for evaluation" in the "Report to the Lexington Planning
Board from a Joint Government and Citizens Advisory Committee on
Housing Policy ", dated December 1978.
All Town agencies and boards are directed to cooperate fully with the
Lexington Housing Authority for the achievement of these goals.
The Lexington Planning Board is further directed to propose to future
Town Meetings new and refined zoning ordinances designed to expand the
inventory of low and moderate income housing through better use of
existing structures, development bonuses or lower cost construction.
In pursuing this effort the Board shall foster land management tech -
niques that minimize environmental damage and shall strive to main-
tain historic and aesthetic qualities of the Town.
At each annual Town Meeting beginning in 1980 and ending in 1984, the
Lexington Housing Authority and the Planning Board shall report to the
Town Meeting the progress of the Town boards towards the achievement
of the goals of this housing policy and plan. This report shall
describe the efforts made in the preceding year and the plans to
achieve these goals and shall list the number of the then existing
housing units under different assistance programs.
(Adopted. See Page 442 for roll call vote results_)
Article 58. Presented by William T. Spencer.
(Approved MOTION: That Section 11 of Article VI of the General By -Laws of the
by Atty. Town of Lexington be amended as set forth in the article.
General, 10:38 P.M.
Aug. 16,
1979. (Article 58 as set forth in the warrant:
Published
in Lex. To see if the Town will vote to amend Section 11 of Article VI of the
Min. Man General By -Laws of the Town of Lexington (conveyance of tax title lots
Sept. 13 for housing) by striking the words "and provided further that no lot
& 20, 1979)
(Adjourned Session of t he 1979 Annual Town Meeting - April 9, 1979.)
Article 58. (Article 58 as set forth in the warrant: (Cont.)
(Cont.)
shall be sold or conveyed under this section if its area exceeds 30,000
square feet; "; or act in any other manner in relation thereto.)
Eleanor H. Yasaitis gave written notice that she would abstain from
voting on Article 58.
Warren Roberts questioned the presence of a quorum. The Temporary
Moderator declared that a quorum (100 members) was present. 10:39 P.M.
Motion, as offered by Mr. Spencer, declared adopted unanimously.
10:42 P.M.
Article 59. Presented by Iris G. Wheaton.
MOTION: That this article be indefinitely postponed.
10:42 P.M.
Mrs. Wheaton filed the Report of the Planning Board.
Motion to indefinitely postpone Article 59 declared carried unanimously.
10:42 P.M.
Article 60. Presented by Iris G. Wheaton.
(Approved MOTION: That Section 28.11 of the Zoning By -Law of the Town be
by Atty. amended by inserting after the words "municipal buildings" the words
General, "and the development of land on which they are situated ".
Aug. 16, 10:43 P.M.
1979.
Posted in Mrs. Wheaton filed the report of the Planning Board and stated that the
Town Off. Board unanimously supported this motion.
Building & 10:44 P.M.
nine prec.
Sept. 13, Mary W. Miley stated that the Board of Selectmen supported this motion.
1979.) 10:45 P.M.
Motion, as presented by Mrs. Wheaton, declared carried unanimously.
10:45 P.M.
Margery M. Battin moved that this session of town meeting be adjourned to
Monday, April 23, 1979 at 8 P.M. in Cary Memorial Hall which was declared carried
by voice vote. 10:45 P.M.
A true copy.
Attest:
� z �
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD APRIL 23, 1979
The meeting was called to order in Cary Memorial Hall at 8:15 P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 182 Town Meeting Members present.
Invocation offered by Rev. Edwin D. McLane, Minister at the Hancock United
church of Christ. 8:16 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, expressed regret at the
change in plans for presenting the articles pertaining to solid waste (see page
435 - April 9, 1979 session). The contract was given to the Selectmen only last
Thursday and time is needed for the Town Counsel and his staff to review this
contract. Therefore these items will be deferred until next Monday, April 30,
1979, at which time one or two articles will be brought up and then a recess of
of one or one and a half hours will be taken in order that there can be discussion
without the formal rules of town meeting and then the vote will be taken on
Monday, May 2, 1979. 8:18 P.M.
* Iris G. Wheaton moved that Article 63 be taken up out of order at this time.
Carried by voice vote. 8:18 P.M.
Article 61. (see Pages 487 - 489 and 492 - 493)
Article 62. (See Page 499)
* Article 63. Presented by Iris G. Wheaton.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in this article.
8:18 P.M.
(Article 63 as set forth in the article: CONGREGATE HOUSING
To see if the Town will vote to amend the Zoning By -Law by:
1. Adding a new Subsection 25.1.9 as follows: "Congregate living
facility (see Section 43)" and inserting the designation "SP" in
(As all columns.
adopted)
2. Adding in Section 1 the following paragraph immediately preceding
(Approved the definition "DRIVE -IN RESTAURANT ":
by Atty. CONGREGATE LIVING FACILITY An independent group living environ-
General, ment that is non - institutionalized and that offers the elderly,
Aug. 16, who are capable of self.- preservation, the single- family residential
1979. accomodations and supporting services they need to maintain a semi -
Posted in independent lifestyle.
Town Office
Building 3. Adding anew Section 43 as follows:
& nine
precincts SECTION 43 - Congregate Living Facility
on Sept.
13, 1979.) 43.1 General Objectives. The purpose of this section is intended
to encourage the establishment of congregate living facilities as a
viable housing alternative for the elderly who are capable of self-
preservation but through frailty need limited supervision or care.
43.2 General Description. A congregate living facility shall
provide a single bedroom for each resident or couple, a communal
eating area and a resident manager. Each facility shall be limited
to a maximum of twelve (12) residents.
43.3 Parking. There shall be provided not less than one parking
space for each two residents plus one parking space for each employee.
All parking shall be located to the rear of the facility.
43.4 Automatic Fire Warning Systems. Smoke detectors must be
installed.
(Adjourned Session of the 1979 Annual Town Meetin - April 23 1 979.)
Article 63. (Article 63 as set forth in the article (Cont.)
(Cont-)
43.5 Application for a Special Permit. Subject to the provi-
sions of Sections 13.1 and 13.2, the SPCA may grant a special permit
for a congregate living facility subject to the following conditions
and requirements:
4 3.5.1 In the case of new construction, the application must
include a site development plan showing the proposed grading, paved
areas, utilities, open space, planting, screening, landscaping and
other improvements, and the locations and outlines of all proposed
buildings. In the case of a change in use of an existing building,
the application must include a site development plan showing all
modifications to the existing building and its site.
The
application must also include an order of conditions from the
Conservation Commission under Article XXXIII of the General By-
Laws of the Town of Lexington, or a determination by the Conserva-
tion Commission that Article XXXIII is not applicable or that
conditions are not necessary.
43.5.2 A description of the parking indicating its location
relative to the building and indicating the location of both resi-
dent and employee parking.
43.5.3 A description of the proposed management of the
facility.
43.5.4 A description of the services to be provided to the
residents and how such services are to be supplied.
43.5.5 A description of all common or shared areas.
43.6 SPCA Action The SPGA shall forthwith deliver copies of the
application for a special permit under this section to the Fire
Department and Building Commissioner, and to those Boards, Commis-
sions, and Departments specified in Section 13.1.2 of the By -Law.
In addition to the requirements of Section 13.2.3 of this By -Law,
the SPGA shall not make its finding and determination until the
Building Commissioner, Fire Department and the other Town Boards,
Commissions and Departments submit their reports thereon or until
35 days shall have elapsed since the transmittal_ of said copies of
the application and site plan.
or act in any other manner in relation thereto.)
Mrs. Wheaton filed the Report of the Planning Board on Article 63
and informed the meeting that the Board unanimously supported this
article. 8:26 P.M.
Rev. Polly Laughland, minister at the Follen Church, spoke from
the balcony in favor of this article. 8:27 P.M.
Voice vote on the main motion was not unanimous, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 11 Pamela Winston 3
2 16 Arthur C. Smith 2
3 6 Jeanne K. Krieger 0
4 17 Susan C. Hodgkins 0
5 15 Edward R. DuBois 2
6 16 Susan S. Solomon 0
7 12 Marthur H. Kalil 3
8 15 Eleanor H. Yasaitis 0
9 15 Anna P. Currin 0
At Large 16 William J. Dailey, Jr. 1
Totals 139 11
More than the required two - thirds having voted in favor, the main
motion, as presented by Mrs. Wheaton, is adopted. 8:32 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Albert P. Zabin moved that Article 64 be taken up out of order at this time.
Carried by voice vote. 8:32 P.M.
Ephraim Weiss served notice of reconsideration of Article 63. 8:33 P.M.
Article 64. Presented by Albert P. Zabin.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion attached to the report of the Planning Board on this
article. 8:33 P.M.
(Article 64 motion as attached to the report of the Planning Board:
Motion: ACCESSORY APARTMENTS
To amend the Zoning By -Law of the Town by
1. Adding in Section 1 the following paragraph immediately pre -
(Not ceding the definition "ACCESSORY USE OR BUILDING ":
adopted)
ACCESSORY APARTMENT An accessory apartment is a dwelling unit of
one or more rooms with separate kitchen and bathroom facilities,
(See Page designed for the occupancy of a separate household, in a home
495 for originally constructed as a single housing unit.
reconsider-
ation. 2. Amending Subsection 25.1.6 by striking the words "Dwelling con -
Article version to two family" and substituting therefor "Accessory apart -
still ments (see Section 42)" and by inserting the designation "SP" in
not each column.
adopted)
3. Inserting a new Section 42 as follows:
Section 42. Accessory apartments. This Section of the Zoning
By -Law is based upon the recognition that there is a need (a) to
allow owners to afford to stay in their homes; (b) to diversify,
as to cost, the rental units available within the Town of Lexington.
42.1 Application and approval process. Subject to the provi-
sions of Sections 13.1 and 13.2, the SPCA may grant a special permit
for the opening of one accessory apartment in a single - family
dwelling, at any place in the Town of Lexington, on a lot of not
less than 10,000 square feet, subject to the following conditions
and requirements:
(a) No more than minimum exterior alterations shall be made to
the original single- family dwelling.
Such alteration shall not
alter tine single- family appearance and character of such
dwelling.
(b) The SPGA shall not issue a special permit under this
section for any building to which an addition has been built
within five years of the date of the application and which
increased the floor space of the original building by more
than 10%.
(c) Floor plans of the original building and the proposed
accessory apartment, with a site plan showing the location of
the original single - family dwelling as well as the proposed
parking on the lot, shall be filed with the SPGA. The SPGA
shall forthwith deliver copies to the Fire Department and Build-
ing Commissioner, and to those Boards, Commissions, and Depart-
ments specified in Section 13.1.2 of this By -Law. In addition
to the requirements of Section 13.2.3 of this By -Law, the SPGA
shall not make its finding and determination until the Building
Commissioner, Fire Department and other Town Boards, Commissions
and departments submit their reports thereon or until 35 days
shall have elapsed since the transmittal of said copies of the
application and site plan.
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 64. (Motion under Article 64 as attached to the report of the Planning
(Cont.) Board (Cont.)
(d) A certificate of occupancy shall have been issued for the
original structure prior to January 1, 1979, or the SPGA makes
a finding that the original structure was not constructed so as
to take unfair advantage of this section.
(e) No boarders or roomers shall be taken by either the land-
lord or tenant without specific, prior approval of the SPGA.
42.2 Any special permit issued by the SPGA hereunder shall be
conditioned upon the owner of the dwelling, in which any
accessory apartment is permitted, residing in the dwelling except
for temporary absences as approved by the SPGA.
42.3 Any special permit issued under this section shall be
conditioned upon the provision of not less than one off- street
parking space for each apartment.
42.4 Special permits granted under this section may be subject
to a time limitation.)
Mr. zabin filed the Report of the Planning Board covering Article 64
and stated that the Board unanimously recommended adoption of this
motion. 8:33 P.M.
Planning Board Member, Laura F. Nichols said that she is in favor of
the motion but would like to tighten it up a bit and therefore would
move that Article 64 be amended as follows: Insert at the beginning
of 42.1 (c) the following: "The accessory apartment shall not exceed
30% of the gross floor area of the single family dwelling, exclusive
of any garage, shed or similar structure of accessory use attached to
the single family dwelling." 8:37 P.M.
Mrs. Nichols motion to amend Article 64 is adopted by voice vote.
8:41 P.M.
Nyles Nathan Bar_ne.rt moved that thismotion be amended by appending
thereto a Section 42.5 reading as follows:
42.5 Any Special Permit issued under this section shall
restrict the increase in floor area of the original building to 10 %.
8:41 P.M.
Mr. Barnert's motion to amend is declared lost by voice vote.
8:45 P.M.
George P. Wadsworth moved that the motion under Article 64 be amended
by deleting at the end of the definition of Accessory Apartment the
words "housing unit" and substituting therefor the words "family housing
unit in or before 1930." 8 :48 P.M.
Mr. Wadsworth's motion to amend was declared adopted by voice vote,
which was doubted by more than the required twenty voters, so a standing
vote was taken as follows:
P recinct In Favor Te llers Opposed
1 15 Pamela Winston 5
2 7 Arthur C. Smith 11
3 14 Jeanne K. Krieger 4
4 9 Susan C. Hodgkins 8
5 12 Edward R. DuBois 6
6 4 Susan S. Solomon 11
7 8 Mar.thur H. Kalil 8
8 14 Eleanor H. Yasaitis 3
9 9 Anna P. Currin 7
At Large 10 William J. Dailey, Jr. 9
Totals 102 72
Mr. Wadsworth's motion to amend is adopted. 9:02 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 64. Main motion as amended by Mrs. Nichols and Mr. Wadsworth now reads:
(Cont.)
MOTION: To amend the Zoning By -Law of the Town by
(Not 1. Adding in Section 1 the following paragraph immediately pre -
adopted) ceding the definition "ACCESSORY USE OR BUILDING ":
ACCESSORY APARTMENT An accessory apartment is a dwelling unit of
(See one or more rooms with separate kitchen and bathroom facilities,
Page designed for the occupancy of a separate household, in a home
495 originally constructed as a single family housing unit in or
-_ for before 1930.
recon-
sidera- 2. Amending Subsection 25.1.6 by striking the words "Dwelling con -
tion. version to two family" and substituting therefor "Accessory
Article apartments (see Section 42)" and by inserting the designation "SP"
still in each column.
not
adopted) 3. Inserting a new Section 42 as follows:
Section 42. Accessory apartments. This Section of the Zoning
By -Law is based upon the recognition that there is a need (a) to
allow owners to afford to stay in their homes; (b) to diversify,
as to cost, the rental units available within the Town of Lexington.
42.1 Application and approval proce Subject to the provi-
sions of Sections 13.1 and 13.2, the SPGA may grant a special
permit for the opening of one accessory apartment in a single -
family dwelling, at any place in the Town of Lexington, on a
lot of not less than 10,000 square feet, subject to the following
conditions and requirements:
(a) No more than minimum exterior alterations shall be made to
the original single - family dwelling. Such alteration shall not
alter the single - family appearance and character of such dwelling.
(b) The SPCA shall not issue a special permit under this section
for any building to which an addition has been built within
five years of the date of the application and which increased
the floor space of the original building by more than 100.
(c) The accessory apartment shall not exceed 300 of the gross
floor area of the single family dwelling, exclusive of any
garage, shed or similar structure of accessory use attached to
the single family dwelling. Floor plans of the original building
and the proposed accessory apartment, with a site plan showing
the location of the original single- family dwelling as well as
the proposed parking on the lot, shall be filed with the SPGA.
The SPGA shall forthwith deliver copies to the Fire Department
and Building Commissioner, and to those Boards, Commissions,
and Departments specified in Section 13.1.2 of this By -Law.
In addition to the requirements of Section 13.2.3 of this By -Law,
the SPGA shall not make its finding and determination until the
Building Commissioner, Fire Department and other Town Boards,
Commissions and departments submit their reports thereon or
until 35 days shall have elapsed since the transmittal of said
copies of the application and site plan.
(d) A certificate of occupancy shall have been issued for the
original structure prior to January 1, 1979, or the SPGA makes
a finding that the original structure was not constructed so as
to take unfair advantage of this section.
(e) No boarders or roomers shall be taken by either the landlord
or tenant without specific, prior approval of the SPGA.
42.2 Any special permit issued by the SPGA hereunder shall be
conditioned upon the owner of the dwelling, in which any accessory
apartment is permitted, residing in the dwelling except for temporary
absences as approved by the SPGA.
42.3 Any special permit issued under this section shall be con-
ditioned upon the provision of not less than one off- street
parking space for each apartment.
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 64. Main motion as amended by Mrs. Nichols and Mr. Wadsworth (Cont.)
(Cont.)
42.4 Special permits granted under this section may be subject
to a time limitation.
Voice vote on the main motion, as amended by Mrs. Nichols and
Mr. Wadsworth, was not unanimous so a standing vote was taken as
follows:
Precinct In Favor Tellers Op posed
1 6 Pamela Winston 12
2 12 Arthur C. Smith 7
3 9 Jeanne K. Krieger 5
4 15 Susan C. Hodgkins 2
5 1.4 Edward R. DuBois 3
6 11 Susan S. Solomon 5
7 8 Marthur H. Kalil 7
8 9 Eleanor H. Yasaitis 8
9 7 Anna P. Curri.n 9
At Large 14 William J. Dailey, Jr. 5
Totals 105 63
Less than the required two - thirds having voted in favor, the
main motion presented by Mr. Zabin and amended by Mrs. Nichols and
Mr. Wadsworth is not adopted. 9:10 P.M.
Article 2. Manfred P. Friedman moved that the Report of the Lexington Planning
Board to the 1979 Town Meeting under M.G.L. Chapter 41, Section 71 on
Current Land Use and Developments in Lexington be accepted and placed
on file. 9:11 P.M.
Iris G. Wheaton served notice of reconsideration of Article 64. 9:12 P.M.
(See Pages 495 - 497)
Article 2. Mr. Friedman's motion to accept the Report of the Planning Board
(Cont.) (see Article 2 above) declared carried unanimously. 9:12 P.M.
Manfred P. Friedman moved that Article 65 be taken up out of order at this
time. Carried by voice vote. 9:13 P.M.
Article 65. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended as set forth in
the motion provided to all town meeting members.
9:13 P.M.
(Article 65 as set forth in the motion provided to all town meeting
members:
MOTION: That the Zoning By -Law of the Town be amended by
(Not 1. Introducing a new SECTION 44 as follows:
adopted)
SECTION 44 - Home Occupations
44.1 The purpose of this section is to provide for home occupa-
tions, except for occupations indicated in Subsection 25.9.2,
carried out within an existing dwelling or accessory building, as
an accessory use. The Board of Appeals shall be the SPGA for the
purposes of this section.
44.2 Permitted Home Occupations. A single family dwelling, or
accessory building, may be used for the exercise of personal, pro-
fessional, managerial, research or trade skills provided that:
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 65. (Article 65 as set forth in the motion provided to all town meeting
(Cont.) members (Cont.)
a. the home occupation is incidental and subordinate to the
dwelling use;
b. no more than 600 square feet of floor space shall be devoted
to the home occupations;
C. there shall be no sign, advertising device, exterior storage,
or other indication, such as excessive traffic, of the home occu-
pation; nor shall there be any external change to the dwelling or
property which alters its residential appearance;
d. no equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference which are detectable off the lot;
e. there shall be no sale of merchandise, other than craft items
fabricated within the dwelling;
f. no non- residents shall be employed.
44.3 Special Permit Home Occupation. The SPGA may grant a special
permit for home occupations that meet the requirements of Section
44.2, a. through d. and that do not significantly impact, or detract
from, the residential character of the neighborhood, if
a. the home occupation is performed in a dwelling other than a
single family dwelling; or
b. not more than two non - residents are employed in the home occupa-
tion; or
C. sale of merchandise is permitted.
2. Deleting the definition "HOME OCCUPATION" from Section 1.
3. Deleting the words "home occupation (see definition) in an exist -
ing dwelling:" from the Use Regulations Schedule, line 25.9.1, and
adding a new line item; "25.9.0 Home Occupations - see Section
44 ".
4. Inserting the word "such" after the word "other" in Subsection
25.9.2.)
Mr. Friedman filed the Report of the Planning Board which unanimously
supported Article 65. 9:13 P.M.
Karsten Sorensen moved that Article 65 be amended by deleting section
44.3 and inserting therefor
"44.3 Special Permit Home Occupation. The SPGA may grant a special
permit for home occupations that meet the requirements of Section
44.2, a. through f. and that donut significantly impact, or detract
from, the residential character of the neighborhood, if the home
occupation is performed in a dwelling other than a single family
dwelling." 9:28 P.M.
Mr. Sorensen's amendment was declared adopted by voice vote.
9 :31 P.M.
- Main motion, as amended, was voted upon but, as the vote was not
unanimous a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 13
2 15 Arthur C. Smith 4
3 8 Jeanne K. Krieger 6
4 10 Susan C. Hodgkins 6
5 11 Edward R. DuBois 6
6 11 Susan S. Solomon 4
7 12 Marthur H. Kalil 4
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 65. Standing vote on main motion, as amended (Cont.)
(Cont.)
Precinct In Favor Tellers Opposed
8 6 Eleanor H. Yasaitis 11
9 5 Anna P. Currin 9
At Large 14 William J. Dailey,Jr. 4
Totals 97 67
Less than the required two - thirds having voted in favor, the main
motion presented by Mr. Friedman and amended by Mr. Sorensen is not
adopted. 9:33 P.M.
Manfred P. Friedman moved that Article 66 be taken up out of order at this
time. Carried by voice vote. 9:33 P.M.
Article 66. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in this article with the following revised Section 30.3.3:
Any lot which has been combined by deed or use with the adjacent
land shall not be re- subdivided in a manner which will either in-
crease an existing non - conformity or create a new non - conforming lot.
9:36 P.M.
(Article 66 as set forth in the article with the revised Section
30.3.3 incorporated:
To see if the Town will vote to amend the Zoning By -Law by:
1. Striking Section 30 and substituting therefor:
SECTION 30 Non - Conforming Uses, Lots and Structures
30.1 The provisions of this section apply to non - conforming
(Not uses, lots and structures as created by the initial enactment
adopted) of this By -Law or by any subsequent amendments. It is the
purpose of this By -Law to discourage the perpetuation of non-
conforming uses, lots or structures whenever possible. The
lawful use of any building or land existing at the time of the
enactment of this By -Law or any amendment thereof may be
continued except at otherwise provided. The Board of Appeals
shall be the SPGA for the purposes of this Section.
30.2 Non Conforming Uses
30.2.1 Any use lawfully being made of land or of a
structure which does not conform to this By -Law as adopted or as
amended may be continued to the same degree and for the same
purpose.
30.2.2 If a lawful non - conforming use of land or of a
structure is abandoned, for any reason, for a period of twenty -
four consecutive months, such non - conforming use shall not be
resumed.
30.2.3 A lawful non - conforming use of land or of a structure
shall not be changed to another non - conforming use unless a special
permit therefor is granted by the SPCA in accordance with Section
13.1 of this By -Law. No such special permit shall be granted
unless the SPGA finds that the proposed use is more in harmony
with the character of the neighborhood and the applicable re-
quirements of the zoning district than the existing use. The
granting of a special permit for a substitute non - conforming use
shall terminate the right to use such land or structure for
the prior non - conforming use.
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 66. (Article 66 as set forth in the article with the revised Section
(Cont.) 30.3.3 incorporated: (Cont.)
30.2.4 A non - conforming use of land shall not be extended
in area or relocated within the lot and a non- conforming use of
a structure shall not be extended in floor area unless a special
permit therefor is granted by the SPGA in accordance with
Section 13.1. No such special permit shall be granted if the
SPGA finds that such expansion or relocation is more detrimental
to the neighborhood than the existing non - conforming use.
30.3 Non- conforming Lots
30.3.1 Any lot which qualifies as buildable by Sections
26.51, 26.53, 26.54 may be used as prescribed therein.
30.3.2 Any non - conforming lot or non - conforming open space
on the lot, including sideyards and setbacks, shall not be
further reduced so as to increase the non - conformity.
30.3.3 Any lot which has been combined by deed or use with
the adjacent land shall not be re- subdivided in a manner which
will either increase an existing non - conformity or create a new
non - conforming lot.
30.4 Non - conforming Structures
30.4.1 Any structure lawfully existing which does not
conform to this By -Law as adopted or as amended may be con-
tinued to the same degree and for the same purpose.
30.4.2 Any non - conforming structure may be repaired and
maintained or altered in any manner which does not change its
exterior dimensions, or in any manner which is in accordance
with the provisions of Subsection 30.4.3.
30.4.3 Restoration or reconstruction of a non- conforming
structure which has been damaged or destroyed may be carried
out provided the degree of non - conformity is not extended and
the reconstruction work is commenced within 12 months of the
date of the damage; also provided that if the cost of such
reconstruction shall exceed 750 of the fair market value of the
structure immediately prior to such damage, as determined by the
Building Commissioner, such reconstruction shall not proceed
except with a special permit granted by the SPGA under the
provisions of Section 13.1 of this By -Law.
30.4.4 A lawfully existing, non - conforming one- or two-
family dwelling or accessory buildings thereto may be extended
or enlarged in accordance with the provisions of Section 11.2 of
this By -Law provided such extension or enlargement does not
increase the non - conformity and does not violate any dimensional
controls applicable at the time of the approval for such ex-
tension or enlargement. Any other extension or enlargement of a
lawfully existing non - conforming building shall not be carried
out except with a variance granted by the Board of Appeals under
the provision of Section 12.2 of this By -Law, and provided the
Board of Appeals finds that such extension or enlargement shall
not be substantially more detrimental to the neighborhood than
the existing non- conforming structure.
2. Striking, in Section 1, the definition NON - CONFORMING USE OR
BUILDING and substituting therefor:
NON - CONFORMING USE, STRUCTURE OR LOT: A lawfully existing use,
structure or lot that does not conform to these By -Laws for the
district in which the use, structure or lot is located.
or act in any other manner in relation thereto.)
Mr. Friedman filed the Report of the Planning Board covering Article
66 which unanimously supported its passage.
9:36 P.M.
(Adjourned Session of the 19 Annual Town Meeting - April 23, 1979_)
Article 66_ Ephraim Weiss moved that Section 30.3.3 of Article 66 be separated
(Cont.) from the main motion and voted on separately.
10 P.M.
The Moderator called a recess at 10:01 P.M. and called the meeting to
order at 10:12 Y.M.
Moderator, Lincoln P. Cole, Jr. ruled that Article 66 would be
divided for voting purposes. The first question would be on the
lesser of the two parts. Therefore, the first vote would be on
Section 30.3.3. 10:13 P.M.
Sheila Busa Tassone moved the previous question (which, according to
the Moderator, applied only to Section 30.3.3). Previous question
was declared carried by voice vote. 10:15 P.M.
A voice vote, which was not unanimous, was taken on Section 30.3.3,
therefore a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 13
2 7 Arthur C. Smith 11
3 14 Jeanne K. Krieger 5
4 13 Susan C. Hodgkins 3
5 8 Edward R. DuBois 8
6 10 Susan S. Solomon 6
7 11 Marthur H. Kalil 3
8 4 Eleanor H. Yasaitis 10
9 6 Anna P. Currin 7
At Large 12 William J. Dailey, Jr, 8
Totals 90 74
Less than two - thirds having voted in favor, the motion under Section
30.3.3 was not adopted. 10:19 P.M.
The Moderator stated that the vote would now be on the main motion
with the exception of Section 30.3.3. This voice vote was not
unanimous so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 13
2 10 Arthur C. Smith 9
3 15 Jeanne K. Krieger 3
4 13 Susan C. Hodgkins 4
5 12 Edward R. DuBois 7
6 15 Susan S. Solomon 1
7 12 Marthur H. Kalil 2
8 6 Eleanor H. Yasaitis 9
9 12 Anna P_ Currin 1
At Large 11 William J. Dailey, Jr. 8
Totals 111 57
Less than the required two - thirds having voted in favor, the main
motion under Article 66, with the exception of Section 30.3.3, was
not adopted. 10:25 P.M.
Frank Sandy moved that Article 67 be taken up out of order at this time.
Carried by voice vote. 10:25 P.M.
Article 67. Presented by Frank Sandy.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in this article.
10:25 P.M.
(See next page for article as set forth in the warrant)
(Adjourned Session of the 1979 Annual Town Meeting - April 23, 1979.)
Article 67. (Article 67 as set forth in the article:
(Cont.)
To see if the Town will vote to amend the Zoning By -Law by:
1. Striking from Section 23.9 the words "central business districts
are as follows" and substituting therefor "central business
districts shall be further designated CB1 or CB2; areas in CBI are
described in Subsections 23.91, 23.95, 23.96, areas in CB2 are
described in Subsections 23.92, 23.93, 23.94, 23.97 as follows:"
2. Amending Subsection 32.1 "Schedule of Required Parking and Loading"
by changing the designation "CG" in the sixth row to "CG and
CB1" and the designation "CB" in the seventh row to "CB2 ".
or act in any other manner in relation thereto.)
Mr. Sandy filed the Report of the Planning Board covering Article 67
which unanimously supported passage of this article.
10:29 P.M.
(As Otis S. Brown, Jr. moved that Article 67 be referred back to Planning
adopted) Board and that the Planning Board or some other designated group
contact the property owners to work together in search of a viable
solution to parking requirements in a CB Zone.
10:29 P.M.
Voice vote on the motion to refer was doubted by the Moderator, so a
standing vote was taken as follows:
Prec In Favor Tellers Opposed
1 12 Pamela Winston 6
2 13 Arthur C. Smith 6
3 5 Jeanne K. Krieger 15
4 7 Susan C. Hodgkins 9
5 11 Edward R. DuBois 8
6 4 Susan S. Solomon 12
7 5 Marthur H. Kalil 11
8 11 Eleanor H. Yasaitis 5
9 8 Anna P. Currin 6
At Large 11 William J. Dailey, Jr. 7
Totals 87 85
Motion to refer Article 67 to the Planning Board was adopted.
10:45 P.M.
Marjorie M. Battin moved that this meeting be adjourned to Wednesday, April
25, 1979 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:45 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD APRI 25, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:07 P.M. in Cary Memorial Hall.
There were 180 Town Meeting Members present.
Invocation offered by Rev. Harold T. Handley, Pastor Emeritus of the Church of
Our Redeemer. 8:08 P.M.
Manfred P. Friedman moved that Article 68 be taken up out of order at this time.
Carried by voice vote. 8:08 P.M.
Article 68. Presented by Manfred P. Friedman.
MOTION: That the Zoning By-Law of the Town be amended as set forth
in the motion attached to the report of the Planning Board on this
(See article. 8:09 P.M.
Page
458 (Motion attached to the report of the Planning Board:
for
motion MOTION: PARKING
as
adopted) 1. Striking in Section 1 the definition of PARKING SPACE and sub-
stituting therefor:
PARKING SPACE: An area in a building or on a lot available for
parking one motor vehicle, with free and unimpeded access to a
street over unobstructed passageways, aisles or driveways. The
unimpeded access requirement does not apply to single- family
house lots.
2. Striking the 4th sentence in Subsection 31.13.
3. Adding to Section 31.2, after the first sentence, the following:
All parking spaces shall comply with the following minimum
dimensions:
Angle of Parking Width of 'Space Depth of Space Width of Aisle
61° - 90 9 ft. 20 ft. 24 ft.
45° - 60° 9 ft.', 20 ft. 18 ft.
parallel 8 ft., 22 ft. 14 ft.
ANGLE PARKING PARALLEL PARKING
DEPTH - -� WIDTH
DEPTH
AISLE WIDTH AISLE
31.2.1 In parking facilities containing more than 40 parking
spaces 15% of such parking spaces may be for small car use. Such
small car spaces, if provided, shall have a depth of at least 15
ft. The width of the parking space and the maneuvering aisle
shall not vary from that set forth in Subsection 31.2. Such
small car stalls shall be located in one contiguous area and shall
be suitably and conspicuously designated.
4. Adding a new Subsection 31.4 as follows:
31.4 Lighting fixtures for parking areas, located on the ex-
terior of buildings and on other structures or signs, shall be so
arranged that they neither unreasonably distract occupants of
nearby properties nor interfere with traffic on any public way.
They shall be so placed or hooded as to prevent direct light
from shining onto any street or adjacent property.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 68. (Motion attached to the report of the Planning Board (Cont.)
(Cont.)
5. Adding a new Subsection 31.5 as follows:
Parking facilities shall provide specially designated parking
spaces for the physically handicapped as follows:
Total Number of Spaces Handicapped Spaces
6- 25 1 space
26- 40 2 spaces
41- 100 5% of the total spaces
101- 300 40 of the total spaces
301- 800 30 of the total spaces
Greater than 800 2% of the total spaces
Handicapped spaces shall be clearly identified by a sign that
states that these spaces are reserved for physically handicapped
persons. Such spaces shall be located in that portion of the
parking facility nearest the entrance to the use or structure
which the parking facility serves. Handicapped spaces shall
have a minimum width of at least twelve (12) feet and a minimum
depth of at least twenty (20) feet for all angle parking and
twenty -four (24) feet for all parallel parking.
6. Changing Subsection 32.2 by:
a. deleting column headed CS
b. deleting footnote C
c. changing the words "Subsection 12.2" to "Section 13 ".
7. Renumbering Subsections 31.11, 31.12, 31.13 to 31.1.1, 31.1.2,
31.1.3 respectively.
8. Striking the present Section 32.1 and substituting therefor the
following:
32.1 SCHEDULE OF REQUIRED PARKING AND LOADING
DISTRICT USE REQUIRED PARKING SPACES
R0, RS residential or permitted accessory 2 per dwelling unit
RT, RD " 1 1/2 per dwelling unit
RH RM 1 1/4 " 11
RO, RS, RT special permit use reasonably sufficient
any industrial one space for each four
persons employed on the
largest working shift
plus 1 space for each
1,000 s.f. of floor area.
CO any non - residential permitted use 1 per 200 s.f. or fraction
of floor area.
CG, CBl any non - residential permitted use 1 per 150 s.f. or fraction
of floor area.
CN any non- residential permitted use 1 per 200 s.f. or fraction
of floor area.
CFI hotel, motel, restaurant 1 per guest room, plus 1
space for each 3 seats of
rated capacity of dining
room and function areas,
plus 1 space for each 4
employees
CB2 Any permitted use N.R.
any,not CB2 medical, dental 4 per doctor or dentist
any,not CB2 school 2 per classroom
any,not CB2 nursing home 1 for each 4 beds design
capacity
RO, RS boarding or lodging dwelling 1 for each boarder and
lodger
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 68. (Motion attached to the report of the Planning Board (Cont.)
(Cont.)
DISTRICT USE REQUIRED LOADING FACILITI
CR,CH,CM,CO any reasonably sufficient, as
CG, CN, CB determined by the Building
RM, RH, RD Commissioner
RO, RS, RT any permitted use N.R.)
Mr. Friedman moved to amend the motion on Article 68 by changing the
designation "CG, CBl" to "CG" and "CB2" to "CB ".
8:13 P.M.
Mr. Friedman's motion to amend declared adopted unanimously.
8:14 P.M.
The Report of the Planning Board covering Article 68, which shows
that the Board unanimously supports Article 68, was filed by
Mr. Friedman. 8:14 P.M.
Main motion under Article 68 as amended now reads:
(As MOTION: To amend the Zoning By -Law of the Town of Lexington by:
adopted)
1. Striking in Section 1 the definition of PARKING SPACE and sub-
; stituting therefor:
(Approved PARKING SPACE: An area in a building or on a lot available for
by Atty. parking one motor vehicle, with free and unimpeded access to a
General, street over unobstructed passageways, aisles or driveways. The
Aug. 16, unimpeded access requirement does not apply to single - family
1979. house lots.
Posted in
Town Office 2. Striking the 4th sentence -in Subsection 31.13.
Building &
nine 3. Adding to Section 31.2, after the first sentence, the following:
precincts
on Sept. All parking spaces shall comply with the following minimum
13, 1979.) dimensions:
Angle of Parking Width of Space Depth of Space Width of Aisle
61° - 90° 9 ft. 20 ft. 24 ft.
45° - 60° 9 ft. 20 ft. 1.8 ft.
parallel 8 ft. 22 ft. 14 ft.
ANG LE PARKING PARALLEL PARKING
DEPTH --- IWIDTH
DEPTH p
AISLE WIDTH IAISLE
31.2.1 In parking facilities containing more than 40 park-
ing spaces 15% of such parking spaces may be for small car use.
Such small car spaces, if provided, shall have a depth of at
least 15 ft. The width. of the parking space and the maneuvering
aisle shall not vary from that set forth in Subsection 31.2.
Such small car stalls shall be located in one contiguous area
and shall be suitably and conspicuously designated.
4. Adding a new Subsection 31.4 as follows:
31.4 Lighting fixtures for parking areas, located on the ex-
terior of buildings and on other structures or signs, shall be so
arranged that they neither unreasonably distract occupants of
nearby properties nor interfere with traffic on any public way.
They shall be so placed or hooded as to prevent direct light from
shining onto any street or adjacent property.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 68. Main motion under Article 68 as amended now reads: (Cont.)
(Cont.)
5. Adding a new Subsection 31.5 as follows:
Parking facilities shall provide specially designated parking spaces
for the physically handicapped as follows:
Total Number of Spaces Handicapped Spaces
6- 25 1 space
26- 40 2 spaces
41- 100 50 of the total spaces
101- 300 40 of the total spaces
301- 800 30 of the total spaces
Greater than 800 2% of the total spaces
Handicapped spaces shall be clearly identified by a sign that
states that these spaces are reserved for physically handicapped
persons. Such spaces shall be located in that portion of the
parking facility nearest the entrance to the use or structure
which the parking facility serves. Handicapped spaces shall have
a minimum width of at least twelve (12) feet and a minimum depth of
at least twenty (20) feet for all angle parking and twenty -four
(24) feet for all parallel parking.
6. Changing Subsection 32.2 by:
a. deleting column headed CS
b. deleting footnote C
c. changing the words "Subsection 12.2" to "Section 13 ".
7. Renumbering Subsections 31.11, 31.12, 31.13 to 31.1.1, 31.1.2,
31.1.3 respectively.
S. Striking the present Section 32.1 and substituting therefor the
following:
32.1 SCHEDULE OF REQUIRED PARKING AND LOADING
DISTRICT USE REQUIRED PARKING SPACES
RO, RS residential or permitted accessory 2 per dwelling unit
RT, RD 1 1/2 per dwelling unit
RH RM 1 1/4 01 .1
RO, RS, RT special permit use reasonably sufficient
any industrial one space for each four
persons employed on the
largest working shift
plus 1 space for each
1,000 s.f. of floor area.
CO any non - residential permitted use 1 per 200 s.f. or
fraction of floor area.
CG any non - residential permitted use 1 per 150 s.f. or
fraction of floor area.
CN any non - residential permitted use 1 per 200 s.f. or
fraction of floor area.
CH hotel, motel, restaurant 1 per guest room, plus 1
space for each 3 seats of
rated capacity of dining
room and function areas,
plus 1 space for each
4 employees
CB any permitted use N.R.
any,not CB medical, dental 4 per doctor or dentist
any,not CB school 2 per classroom
any,not CB nursing home 1 for each 4 beds design
capacity
RO, RS boarding or lodging dwelling 1 for each boarder and
lodger
(Ad journed Session of the 1979 Annual T own Meeting - April 25, 1979.)
Article 68. Main motion under Article 68 as amended now reads: (Cont.)
(Cont.)
DIST RICT USE REQUIRED LOADING FACILITIES
CR, CH, CM, CO any reasonably sufficient, as
CG, CN, CB determined by the Building
RM, RH, RD Commissioner
RO, RS, RT any permitted use N.R.
Main motion as presented under Article 68 by Mr. Friedman and
amended by Mr. Friedman declared carried unanimously.
8:16 P.M.
Article 69. (See Pages 497 - 499)
Albert P. Zabin moved that Article 70 be taken up out of order at this time.
Carried Unanimously. 8:17 P.M.
Article 70. Presented by Albert P. Zabin.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion attached to the report of the Planning Board on this
article. 8:17 P.M.
(Article 70 as set forth in the motion attached to the report of the
Planning Board:
MOTION: To amend the Zoning By -Law of the Town by:
j (As 1. Inserting in Section 1 the following definitions:
adopted)
RACQUET COURT: A fixed playing area such as a tennis court or
(Approved racquet ball platform.
by Atty.
General, SWIMMING POOL: Any pool having a depth of 24 inches or greater and
Aug. 16, a surface area of 250 square feet or greater.
1979.
Posted in 2. Striking from the definition of STRUCTURE everything in the first
Town Office sentence following the word "pools ".
Building
& nine 3. Striking Subsection 24.7, and substituting therefor the following:
precincts
on Sept. 24.7 The SPCA may grant a special permit for the construction of
13, 1979.) a swimming pool or racquet court, accessory to a residential use,
subject to the following minimum conditions:
2 4.7.1 No swimming pool or racquet court shall be constructed
within 15 feet of the property line.
24.7.2 Any nightime illumination shall be installed in such a
way so as not to shine directly into nearby housing.
24.7.3 There shall be adequate screening as determined by the
SPGA.
24.7.4 The erection of any fencing associated with a racquet
court in excess of 6 feet shall require a building permit.
24.7.5 Construction of all swimming pools shall require
application for a building permit.
24.7.6 Applications for a special permit shall contain an
order under the provisions of Article XXXIII of the General By-
Laws, or a determination by the Conservation Commission that Article
XXXIII is not applicable or that an Order of Conditions is not
necessary.)
The Report of the Planning Board unanimously recommending
adoption of Article 70 was filed by Mr. Zabin. 8:17 P.M.
Main motion, as presented by Mr. Zabin, carried unanimously.
8:20 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Manfred P. Friedman moved to take up Article 71 out of order at this time.
Carried Unanimously. 8:21 P.M.
Article 71. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion to the Report of the Planning Board on this article.
8:22 P.M.
(Motion as set forth to the Report of the Planning Board:
(Not MOTION: To amend the Zoning By -Law by:
adopted)
1. Inserting in the Subsection 25.2.2, after the word "cemeteries"
the words: ; day care center ".
2. Inserting, in Section 1, the following definition:
DAY CARE CENTER: Any facility operated on a regular basis whether
known as a day nursery, nursery school, kindergarten, child play
school, progressive school, child development center, pre - school,
or known under any other name which receives seven or more children,
for non - residential custody and care during part or all of the day
separate from their parent(s). Day care center shall not include:
any part of a public school system; any part of a private organized
educational system, a Sunday school conducted by a religious insti-
tution; a facility operated by a religious organization where
children are cared for during short periods of time while persons
responsible for such children are attending religious services; an
informal cooperative arrangement among neighbors or relatives; or
the occasional care of children with or without compensation therefor.)
The Report of the Planning Board, unanimously supporting Article 71,
was filed by Mr. Friedman. 8:25 P.M.
Robert I. Rotberg moved to amend by striking from the definition
the words "any part of a private organized educational system ".
8 :36 P.M.
Mr. Rotberg's motion to amend was declared lost by voice vote.
8:42 P.M.
Voice vote on the main motion was not unanimous, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 1 Pamela Winston 16
2 7 Arthur C. Smith 9
3 12 Jeanne K. Krieger 8
4 10 Susan C. Hodgkins 6
5 14 Edward R. DuBois 7
6 13 Susan S. Solomon 2
7 12 Marthur H. Kalil 4
8 11 Eleanor H. Yasaitis 5
9 8 Anna P. Currin 8
At Large 10 John R. Campbell 9
Totals 98 74
Less than the required two - thirds having voted in favor, the main
motion as presented by Mr. Friedman does not prevail.
8:50 P.M.
Albert P. Zabin moved to take up Article 72 out of order at this time.
Carried Unanimously. 8:50 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 72. Presented by Frank Sandy.
MOTION: To amend the Lexington Zoning By -Law by adding a new section
26.58 as follows:
(Approved 26.58 If a right of way has been legally used to provide the
by Atty. required frontage for a lot containing a one- or two - family dwelling,
General, that right of way may continue to provide the frontage required by
Aug. 16, this by -law for that single lot even if that right of way is no longer
1979. a street as defined in this by -law. Such a right of way shall not be
Posted in used to establish frontage for a lot that also has adequate frontage
Town Office on a legal street. 8 :52 P.M.
Building
& nine Report of the Planning Board, unanimously supporting passage of
precincts Article 72, was filed by Mr. Sandy. 8:56 P.M.
on Sept.
13, 1979) Motion, as presented by Mr. Sandy, declared adopted unanimously.
8:57 P.M.
Albert P. Zabin moved to take up Article 73 out of order at this time.
Carried Unanimously. 8 :57 P.M.
Article 73. Presented by Albert P. Zabin.
(Approved MOTION: That the Zoning By -Law of the Town be amended as set forth
by Atty. in this article. 8:57 P.M.
General,
Aug. 16, (Article 73 as set forth in the article:
1979.
Posted To see if the Town will vote to amend the Zoning By -Law by:
in Town
Office 1. Striking, in Subsection 33.7, the words "45 days" and replacing
Building them with the words "35 days ".
& nine
precincts 2. Striking, in Subsection 36.5, the words "forty -five days" and
on Sept. replacing them with the words "35 days ".
13, 1979.)
3. Striking, in Subsection 37.5, the words "thirty days" and replacing
them with the words "35 days ".
4. Striking, in Subsection 38.38, the words "thirty days" and replacing
them with the words "35 days ".
or act in any other manner in relation thereto.)
Report of the Planning Board, unanimously supporting the passage of
Article 73, was filed by Mr. Zabin. 8:57 P.M.
Motion, as presented by Mr. Zabin, declared adopted unanimously.
8:58 P.M.
Fred C. Bailey moved that Article 75 be taken up out of order at this time.
Carried Unanimously. 8:58 P.M.
Article 75. Presented by Fred C. Bailey.
MOTION: That the Town amend the Zoning By -Law:
(See by changing the zoning district in which the land bounded and de-
Page scribed below lies from RO -- one - family dwelling district to CD --
468 Controlled Commercial and Industrial District by revising the zoning
for map and adopting a new zoning map No. CD -1 showing as a CD District
adopted the land bounded and described as follows:
motion)
Parcel III A certain parcel of land situated on the northwesterly
side of Hartwell Avenue, bounded and described as follows:
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 75. Southeasterly by Hartwell Avenue, 358.29 feet;
(Cont.) Southerly on a curved line by the junction of Hartwell
Avenue and Westview Street, 80.54 feet;
Southwesterly by Westview Street, 276.15 feet;
Northwesterly by a way by five lines measuring respectively
25.85 feet, 34.42 feet, 157.82 feet, 245.65
feet and 69.03 feet; and
Easterly by Bedford Street, 49.48 feet.
containing 69,999 square feet of land, more or less.
9 P.M.
At the request of Mr. Bailey, Mr. Stephen T. Russian was
recognized to give the presentation on Article 75. Iie,
Mr. Russian, read the following which, he stated, had been
filed with the Town Clerk:
Article 75 proposes a zoning change of a 1.61 acre parcel
of land at the intersection of Hartwell Avenue and Westview
Street from an RO District to a CD District. The site is
located west of Bedford Street and south of the Westview
Cemetery. To the west and south of this parcel is other
Office and Research zoned land. The parcel is somewhat
cleared with some indigenous trees. Soil conditions are
largely of gravel and the lot is essentially level.
The facility may be served by Town sewer and water and the
drainage system will be completely on site. Access and
egress to the building will be from a single point on
Westview Street. No access from Hartwell Avenue is to be
created.
The planning banking structure will reflect an effort to
provide a transitional zone to the Office and Research Park
from the easterly side of Bedford Street where there is some
residential use. The Depositors Trust Company has engaged
the office of Royal Barry Wills to prepare the necessary
plans. The building is of a colonial architectural style.
Lighting will be appropriate to the use of the facilities
and to the architectural style of the building. Both the
lanterns and the signs used for the building will provide an
appropriate blend, architecturally. The building will serve
as a banking facility for The Depositors Trust Company. The
bank contemplates serving the north Lexington and Hartwell
Avenue areas with the new and useful banking facility. This
proposed facility would likely reduce, or possibly eliminate,
some of the banking business that is presently conducted by
it in Lexington Center. Present plans are to operate this
new facility in a manner similar to that being conducted by
the bank at its Depot Square location. At that location the
present hours of operation are from 8:30 a.m. to 5:00 p.m.
from Monday through Thursday, and 8:30 a.m. to 8:00 p.m. on
Friday. On Saturday the bank is open from 9 :00 a.m. to
12:00 noon. Should the Town Meeting approve the adoption of
this article, these are the hours of operation which will be
presented to the Board of Appeals. It is expected that there
will be approximately seven to ten employees working at the
bank. The number of employees might be increased should the
Depot Square facility of the bank be subsequently closed.
The total ground area to be covered by the building is
approximately 5,313 square feet. The paved area will provide
parking for 20 automobiles, but allowing for future expan-
sion for parking 28 automobiles, as well as storage space for
an additional 25 motor vehicles which will be using the three
drive -up windows. The usable floor space will have approx-
imately 3,284 square feet in the basement area to be used for
supplies, record storage, and employees' areas for dining,
closet space and rest rooms. The first floor area compris-
ing of approximately 4,135 square feet will be employed for
general banking office use and for drive -up windows. The
drive -up windows, three in number, may be expanded to five
if a demand for such additional drive -up windows is demon-
strated. The second floor area is 1,751 square feet, approx-
imately, and may be used by the bank for future expansion.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979,)
Article 75. (Statement by Mr. Russian (Cont.)
(Cont.)
The landscaping will reflect an attempt to save every bit of natural
growth on the site, with special emphasis on maintaining growth on the
banks of the parcel. Those trees which are suitable for replanting
shall be removed from the site and placed in a nursery during excava-
tion of the land for the construction of the facility. Thereafter,
they will be replaced on the site. It is the intention of the pro-
ponents to create a very natural landscaping design. There will be
simple plantings on the site and along the building. There will be no
construction above a 146 foot elevation line. The walks shall be of
brick. The color of the building will be of a Williamsburg type.
Of course, this proposed CD zone use does provide the Town with the
guarantee of performance. The presentation and plans must be sub -
y
stantially adhered to at the time the building is constructed and
used.
The Depositors Trust Company looks forward to your support of its
proposal. It is most anxious to construct the facility in the ex-
pectation that it will play an increasingly greater role in the
Lexington community.
9:08 P.M.
The Report of the Planning Board, unanimously recommending adoption
of Article 75, was filed by Albert P. Zabin. 9:11 P.M.
Mr. Russian, apologizing for the quality, showed slides pertaining to
the project. 9:21 P.M.
Sam V. Nablo, showing concern for the traffic, asked if the Planning
Board had given any consideration to having 5 drive -in windows.
Planning Board Chairman, Albert P. Zabin didn't feel that traffic
would be a problem. 9:23 P.M.
Ephraim moved that this article be postponed until next Monday.
9:24 P.M.
James M. McLaughlin, speaking against postponement, said that if
the members had gone on the bus tour their questions would have been
answered. 9:25 P.M.
Mr. Weiss's motion to postpone was declared carried by voice vote,
which was doubted by more than twenty members, so a standing vote was
taken as follows:
Precinct In Favor Tellers Oppos
1 0 Pamela Winston 19
2 5 Arthur C. Smith 10
3 15 Jeanne K. Krieger 5
4 3 Susan. C. Hodgkins 13
5 13 Edward R. DuBois 8
6 7 Susan S. Solomon 9
7 15 Marthur H. Kalil 1
8 5 Eleanor H. Yasaitis 11
9 7 Anna P. Currin 9
At Large 9 John R. Campbell 10
Totals 79 95
Mr. Weiss's motion to postpone this article to next Monday does not
prevail. 9:36 P.M.
The Moderator stated that the main question is now before the meeting.
As questions were still being raised, Mr. Russian suggested that one
of the Town Meeting Members move to table the motion and he would hope
to have better quality slides for another session of this meeting.
9:41 P.M.
Sheila Busa Tassone moved the previous question. 9:42 P.M.
Arthur C. Smith moved that Article 75 be tabled which was declared
adopted by voice vote. 9:43 P.M.
(See Page 468)
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Roy Weinstein moved for reconsideration of Article 56. 9:43 P.M.
Motion to reconsider Article 56 declared adopted by voice vote. 10:02 P.M.
Article 56. (See Page 432.)
Roy Weinstein moved that Article 56 be referred to the Selectmen.
Carried Unanimously. 10:03 P.M.
Gerald L. Abegg moved that Article 76 be taken up out of order at this time.
Carried Unanimously. 10:03 P.M.
Article 76. Presented by Gerald L. Abegg.
MOTION: That this article be indefinitely postponed.
10:03 P.M.
Report of the Planning Board was filed by Albert P. Zabin.
10:03 P.M.
Motion to indefinitely postpone Article 76 adopted unanimously.
10:04 P.M.
Jonathan P. Doran moved that Article 77 be taken up out of order at this time.
Carried Unanimously. 10:04 P.M.
Article 77. Presented by Jonathan P. Doran.
(As MOTION: That the zoning by -law of the Town of Lexington be amended
adopted) by adding a new subsection 22.63
RD - Multi - family dwelling district as follows:
(Approved
by Atty. 22.63 A district on the Southerly side of East Street as shown on the
General, zoning District Map No. RD -2 entitled RD Multi Dwelling District
Aug. 16, Designated thereon 22.63
1979.
Posted Described as follows:
in Town
Office NORTHERLY by East Street on a curved line measuring
Building nine hundred forty -four (944 ±) feet, more or less;
& nine SOUTHEASTERLY by land of the Town of Lexington eight hundred
precincts thirty -five (835) feet;
on Sept. WESTERLY by land now or formerly of Pramod M. and Beryl A. B.
13, 1979.) Soparker on a curved line measuring ninety- nine(99
feet, more or less;
WESTERLY by land now or formerly of Irving and Aida Belansky,
one hundred eighty -eight (188 ±) feet, more or less;
WESTERLY by land now or formerly of Edmund J. and Claire L.
Buchinskas, two hundred two (202 ±) feet, more or less;
WESTERLY by land now or formerly of Jack and Susan Bee Capon,
two hundred forty -three (243 ±) feet, more or less;
WESTERLY by land now or formerly of Richard J. and Barbara A.
Biederman;
WESTERLY by land now or formerly of David J. and Kathleen A.
O'Brien, three hundred seventy -three (373 ±) feet,
more or less, to the point of beginning.
Said parcel of land containing 10.64 acres, more or less.
10:06 P.M.
At the request of Mr. Doran, Mark Moore, Jr. and Benjamin Nickerson
were recognized to make the presentation while showing slides.
Mr. Moore informed the meeting that in accordance with a "Memorandum
of Understanding" that he had filed with the Town Clerk, Moore Homes,
Inc. agreed to grant an option to the Lexington Housing Authority for
the sale of not less than 2 (or 10 %, whichever is larger) of the units
approved by the 1979 Town Meeting for Morrow Crossing.
10:20 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 25, 1979.)
Article 77. The Report of the Planning Board covering Article 77 showing that a
(Cont.) majority of the Planning Board recommended passage of this article
was filed by Albert P. Zabin. 10:23 P.M.
Voice vote on the main motion was not unanimous, so a standing vote
was taken as follows:
Precinct In Favor Tellers Opposed
1 11 Pamela Winston 1
2 17 Arthur C. Smith 1
3 13 Jeanne K. Krieger 7
4 16 Susan C. Hodgkins 0
5 16 Edward R. DuBois 4
6 12 Susan S. Solomon 3
7 15 Marthur H. Kalil 1
8 15 Eleanor H. Yasaitis 0
9 15 Anna P. Currin 0
At Large 15 John R. Campbell 4
Totals 145 21
More than the required two- thirds having voted in favor, the main
motion, as presented by Jonathan P. Doran, was adopted.
10:37 P.M.
Lloyd D. Taylor served notice of reconsideration of Article 77. 10:37 P.M.
Albert P. Zabin moved that Article 78 be taken up out of order at this time.
Lost by voice vote. 10:38 P.M.
Moderator Lincoln P. Cole, Jr. informed the meeting that at the session of
this meeting to be held next Monday that regular business would be conducted
during the first part of the meeting. At some point during the middle of the
meeting there would be a recess or adjournment so that an information meeting
could be held on the solid waste articles.
Margery M. Battin moved that this meeting be adjourned to Monday, April 30,
1979 at 8 P.M. in Cary Memorial Hall. Motion to adjourn was declared carried by
voice vote. 10:38 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD APRIL 30, 1979
The meeting was called to order in Cary Memorial Hall at 8:02 P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 187 Town Meeting Members present.
The invocation was offered by Rev. Harvey Meppelink, Pastor of the Assemblies
of God Christian Center. 8:04 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, moved that this meeting
be recessed until 9:45 P.M. in order that an information meeting could be held for
the solid waste articles. 8:05 P.M.
Voice vote on Mrs. Battin's motion was doubted by the Moderator, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 0 Robert A. Cataldo 9
2 5 Arthur C. Smith 6
3 16 Jeanne K. Krieger 3
4 12 Susan C. Hodgkins 2
5 7 Edward R. DuBois 8
6 11 Susan S. Solomon 2
7 15 Marthur H. Kalil 1
8 4 Eleanor H. Yasaitis 9
9 5 Anna P. Currin 5
At Large 18 John R. Campbell 4
Totals 93 49
Motion to recess prevails. 8:10 P.M.
Moderator, Lincoln P. Cole, Jr. called the meeting to order, after the recess,
at 9:47 P.M.
Francis W. K. Smith that Article 42 be taken off the table which was declared
adopted unanimously. 9:48 P.M.
Article 42. Presented by Francis W. K. Smith.
(See MOTION: That this article be indefinitely postponed.
Page
410) Carried Unanimously. 9:49 P.M.
Francis W. K. Smith moved that Article 43 be taken off the table which was
declared adopted unanimously. 9:49 P.M.
Article 43. Presented by Francis W. K. Smith.
(See MOTION: That the Conservation Commission be authorized to purchase or
Page otherwise acquire, and the Selectmen be authorized to take by eminent
411.) 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
(As conservation restriction as defined in Section 31 of Chapter 184 of
adopted) the General Laws or other interest in all or any part of land shown as
Lots 142B and 143 on Assessors' Property Map 64 and described in deed
recorded in Middlesex South Registry of Deeds, Book 12276, Pages 121
and 122, now or formerly of EAT Realty Trust; that the sum of $144,000.00
be appropriated for such land acquisition and that such amount be
transferred from the appropriation voted under Article 40 of the
Warrant for the 1975 Annual Town Meeting.
9:50 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.)
Article 43. Mr. Smith explained that they have a signed option for this land for
(Cont.) $200,000.00. The owner is Emily A. Tropeano. 9:53 P.M.
Donald B. White, Chairman of the Appropriation Committee, filed the
supplementory report of his committee stating that they unanimously
supported Article 43. 9:54 P.M.
Margery M. Battin informed the meeting that the Board of Selectmen
unanimously supported this article. 9:55 P.M.
Main motion, as presented by Mr. Smith, declared carried unanimously.
9:57 P.M.
Arthur C. Smith moved that Article 75 be taken off the table which was
carried by voice vote. 9:57 P.M.
Article 75. (See Pages 462 through 464)
Article 75 as presented at the April 25, 1979 session of this town
meeting: (Presented by Lied C. Bailey)
(AS MOTION: That the Town amend the Zoning By -Law:
adopted)
by changing the zoning district in which the land bounded and des-
cribed below lies from RO -- one - Family Dwelling District to CD --
Controlled Commercial and Industrial District by revising the zoning
map and adopting a new zoning map No. CD -1 showing as a CD District
the land bounded and described as follows:
(Approved Parcel III A certain parcel of land situated on the northwesterly
by Atty. side of Hartwell Avenue, bounded and described as follows:
General,
Aug. 16,
1979. SOUTHEASTERLY by Hartwell Avenue, 358.29 feet;
Posted SOUTHERLY on a curved line by the junction of Hartwell Avenue
in Town and Westview Street, 80.54 feet;
Office SOUTHWESTERLY by Westview Street, 276.15 feet;
Building NORTHWESTERLY by a way by five lines measuring respectively 25.85
& nine feet, 34.42 feet, 157.82 feet, 245.65 feet and
precincts 69.03 feet; and
on Sept. EASTERLY by Bedford Street, 49.48 feet,
13, 1979.)
containing 69,999 square feet of land, more or less.
Sheila Busa Tassone withdrew her motion for the previous question
(See Page 464). 9:57 P.M.
Stephen T. Russian, attorney for the proponents, explained that there
have been two changes and he has filed the .latest statement and the
latest form of site plan with the Town Clerk. One change was in
paragraph #5 of the statement - "Except for additional topsoil and
planting there will be no regrading above the 146 foot elevation line"
being the new statement. Mr. Russian feels that there should be no
backup of traffic at this location although Mary W. Miley and Alice M.
Pierce voiced their concern on this subject. 10:14 P.M.
Voice vote on the main motion under Article 75 was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 17 Robert A. Catald.o 0
2 18 Arthur C. Smith 0
3 9 Jeanne K. Krieger 9
4 15 Susan C. Hodgkins 2
5 13 Edward R. DuBois 4
6 13 Susan S. Solomon 2
7 11 Marthur H. Kalil 6
8 14 Eleanor H. Ya.saitis 0
9 15 Anna P. Currin 1
At Large 20 John R. Campbell 1
Totals 145 25
More than the required 2/3 having voted in favor, main motion adopted.
10:18 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.)
James F. Crain moved that Article 5 be taken off the table which was declared
adopted unanimously. 10:18 P.M.
Article 5. Presented by James F. Crain.
(See MOTION: That $270,000 be appropriated for the ensuing fiscal year, in
Page addition to those authorized under Article 4 of this warrant, to fund
403) 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.
4 DEPARTMENT
1000 SELECTMEN
1060 TOWN MANAGER
1070 TEMPORARY HELP
1075 CLERICAL POOL
1130 DIRECTOR OF GUIDES
1150 TOWN CLERK
1500 BOARD OF APPEALS
1600 PLANNING BOARD
2000 BOARD OF REGISTRARS
2470 RECREATION
2500 TREASURER /COLLECTOR
2800 COMPTROLLER
2950 ASSESSOR
3250 HEALTH
3500 ANIMAL CONTROL
3760 POLICE MGT & STAFF
3770 PATROLMEN & SARGEANTS (C /B)
4110 FIRE MGT & STAFF
4120 FIRE COLL. BARGAINING
4450 INSPECTION
4950 DPW MGT. & STAFF
5100 ENGINEERING
5200 TOWN BUILDING MAINTENANCE
7100 VETERANS'SERVICES
7500 LIBRARY
7825 NON - CONTRIBUTORY PENSION
10 :20 P.M.
Lincoln P. Cole, Jr., Richard M. Perry and Mary R. McDonough gave
notice that they would abstain from voting on Articles 4 and 5.
(See Page 387)
Mr. Crain showed slides and gave an explanation of the article.
10:30 P.M.
The Supplementary Report of the Appropriation Committee approving
Article 5 was filed by Donald B. White. 10:32 P.M.
Motion, as presented by Mr. Crain, declared carried unanimously.
10:33 P.M.
James F. Crain moved that Article 6 be taken off the table which was declared
carried unanimously. 10:33 P.M.
Article 6. Presented by James F. Crain.
(See MOTION: That the Town accept Section 100B of Chapter 41 of the
Page General Laws. 10:34 P.M.
403)
(Chapter 41, Section 100B. INDEMNIFICATION OF RETIRED POLICE OFFICERS
AND FIRE FIGHTERS FOR CERTAIN HOSPITAL, ETC., EXPENSES.
Any city operating under a Plan D or Plan E chapter which accepts
this section by the affirmative vote of two thirds of all the members
(Adjourned Session of the 1979 Annual Town Meeting - April 30, 1979.)
Article 6. (Chapter 41, Section 100B (Cont.)
(Cont.)
of its city council, and any other_ city which accepts this section by a
majority vote of its city council with the approval of its mayor, and
any town which accepts this section by a majority vote of its inhabit-
ants at an annual town meeting, may, upon written application by any of
its police officers or fire fighters retired either before or after
the acceptance of this section under a general or special law specifi-
cally relating to retirement for accidental disability, except a special
law applicable to one person, or in the event of the death of any such
police officer or fire fighter, upon written application by his widow or,
if he leaves no widow, by his next of kin, indemnify, out of any funds
appropriated for the purposes of this section, such police officer or
fire fighter or, in the event of his death, his widow, or if he leaves
no widow, his next of kin, for all reasonable hospital, medical and
surgical, chiropractic, nursing, pharmaceutical, prosthetic and related
expenses and reasonable charges for podiatry incurred by such police
officer or fire fighter after his retirement; provided, however, that no
person shall be indemnified under this section unless a majority of the
members of a panel consisting of (a) the chairman of the retirement
board of the city or town, (b) the city solicitor, town counsel or
other officer having similar duties or a person designated in writing by
such solicitor, counsel or officer to act for him, and (c) such physician
as the city or town manager or, if there is none, the mayor or selectmen
in writing appoint shall, upon receipt from the applicant of due proof,
certify: (1) that the expenses for which indemnification is sought were
the natural and proximate result of the disability for which the police
officer or fire fighter was retired; (2) that such expenses were in-
curred after the acceptance of this section; (3) that the hospital,
medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic
and related expenses and reasonable charges for podiatry to which such
expenses relate were rendered within six months before the filing of
the application; (4) that such expenses were in no ways attributable to
the use by the police officer or fire fighter of any intoxicating
liquor or drug or to his being gainfully employed after retirement or
to any other willful act or conduct on his part; and (5) that such
expenses are reasonable under all the circumstances.)
After an explanation was given by Mr. Crain, Donald B. White informed
the meeting that the Appropriation Committee supported this article.
10:37 P.M.
Motion, as presented by Mr. Crain, declared carried unanimously.
10:37 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday, May 2,
1979 at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote.
10:37 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
James J. McDevitt, 36 Colony Road, resigned as a Town Meeting Member from
Precinct Six effective May 1, 1979.
Charles J. Code, Jr., 15 Flintlock Road, having received the next highest number
of votes as a defeated candidate for Town Meeting Member in Precinct Six at the
March 5, 1979 election, accepted a position as Town Meeting Member from Precinct
Six effective May 2, 1979. Mr. Code will fill the vacancy caused by the resigna-
tion of Mr. McDevitt for a term expiring in March 1980.
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD MAY 2, 1979
Meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:04 P.M.
in Cary Memorial Hall.
There were 183 Town Members present.
Invocation offered by Rev. Dr. Spencer Lavan, Minister of the First Parish
Church. 8:06 P.M.
Article 2. William R. Page moved that the Report of the Lexington Forum on
Aging be accepted and placed on file.
Carried Unanimously. 8:07 P.M.
James M. McLaughlin moved for reconsideration of Article 40. 8:07 P.M.
(See Page 420)
The Moderator informed the meeting that the total time for debate was thirty
minutes with five minutes for each speaker.
Clifford B. Porter in his explanation for the reasons for reconsidering
Article 40, said that it is not his intention to vote down the pool but to have
it constructed at a reduced cost. 8:12 P.M.
At the request of James J. Scanlon, Irving II. Mabee, Permanent Building
Committee member, was recognized, with the meeting granting permission for him
to speak for the second five minutes. Mr. Mabee spoke against reconsideration
stating that the committee had a firm bid from a qualified contractor and con-
struction would start June 1 instead of September 1. This would mean a savings
to the town of $20,000. The use permit for the pool as it is now would no longer
be issued by the Board of Health. 8:25 P.M.
The Appropriation Committee, according to Chairman Donald B. White, voted in
favor of reconsideration of Article 40. 8:27 P.M.
William M. Fraser stated that if the motion under Article 40 was not reconsidered,
he felt sure that there would be a referendum, an opinion that was voiced by
others also. 8:29 P.M.
In response to a question raised by Frank Sandy, the Moderator informed the
meeting that a majority vote would be needed for reconsideration and, if that
motion passed, a two - thirds vote would be needed for the main motion.
8:30 P.M.
"Judith J. Totman moved that the vote on the motion to reconsider Article 40 be
taken by roll call. 8:32 P.M.
Standing vote of those in favor of the roll call vote was taken as follows:
Precinct Tellers In Favor
1 Pamela Winston 8
2 Arthur C. Smith 11
3 Jeanne K. Krieger 11
4 Susan C. Hodgkins 14
5 Edward R. DuBois 11
6 Susan S. Solomon 7
7 Marthur H. Kalil 7
8 Eleanor H. Yasaitis 6
9 Anna P. Currin 8
At Large John R. Campbell it
Total 94
As there were more than the required fifty members having voted in favor,
the Moderator stated that the vote on the motion to reconsider Article 40
would be taken by a call of the roll. 8:34 P.M.
Robert B. Kent stated that a majority (three members) of the Board of Select -
ment were opposed to reconsideration of Article 40. 8:37 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979)
The roll call vote on the motion to reconsider Article 40, as offered by James
M. McLaughlin, was taken by the Town Clerk, Mary R. McDonough, starting at
8 :40 P.M. and completed at 8:50 P.M. with the final tally completed at 8:54 P.M.
with the results as follows: (Final result announced by the Moderator at 8:56 P.M.)
ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40
P RECINCT ON YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 11 4 0 6
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x -
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Dooks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 8 11 0 2
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
ROTS, CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.)
PRECINCT THREE (CONT.) YES NO ABSTAINED ABSENT
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotherg, Robert I. x
Souza, Richard W. x
TOTALS 5 16 0 0
PRECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L.
Perry, Richard F. x
Rooney, Joseph 0. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 4 is 0 2
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 14 6 0 1
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
R OLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.)
PRECINCT SIX YES NO ABS TAINED ABSENT
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Code, Charles J_ Jr. x
Downey, John F. Jr. x
Gray, Neil x
Hall, Harry A. IIT x
Kent, Hugh C. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 3 15 0 3
PRECINCT SEVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierre, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 5 14 0 2
PRECINCT EIGHT
Baffin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x -
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Sciglia.no, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
(Adj ourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
ROLL CALL VOTE ON THE MOTION TO RECONSIDER ARTICLE 40 (CONT.)
PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS 13 6 0 2
PRECINCT NINE
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 10 9 0 2
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 3 4 2 0
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 11 4 0 6 21
Precinct Two 8 11 0 2 21
Precinct Three 5 16 0 0 21
Precinct Four 4 15 0 2 21
Precinct Five 14 6 0 1 21
Precinct Six 3 15 0 3 21
Precinct Seven 5 14 0 2 21
Precinct Eight 13 6 0 2 21
Precinct Nine 10 9 0 2 21
At Large 3 4 2 0 9
TOTALS 76 100 2 20 198
The Moderator declared that the motion to reconsider Article 40 does not prevail.
8:56 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
Margery M. Battin that Article 28 be taken off the table which was declared
carried unanimously. 8:57 P.M.
(See Page 407)
Article 28. Presented by Margery M. Battin.
(As MOTION: That the Selectmen be and they hereby are authorized to
adopted) contract with an operator of a solid waste disposal facility for the
disposal of refuse, garbage and waste and for the use of by- products
or residue resulting from the operation of such facilities on such
terms as the Selectmen deem advisable.
8:57 P.M.
Mrs. Battin said that this motion would give the Selectmen the
authority to commit to a final disposal system. She added that the
Board would work with the Solid Waste Committee and would consult with
the Appropriation Committee and any other appropriate committee before
making a final decision. 9 P.M.
Karsten Sorensen moved that the motion under Article 28 be amended
by adding after the words "for the disposal of" the words "up to
12,000 tons per year of ". 9:17 P.M.
James P. Reilly, a member of the Solid Waste Committee, urged defeat
of the amendment as they would be hampered by having a cap put on.
9:19 P.M.
The Appropriation Committee, according to Donald B. White, supports
the main motion with the understanding that the Board of Selectmen
will work with them. 9:27 P.M.
Motion to amend, as offered by Mr. Sorensen, declared lost by voice
vote. 9:27 P.M.
Arthur C. Smith wanted assurance from the Board of Selectmen that if
there was a major change, would they come back to town meeting. In
answer to Mr. Smith, Margery M. Battin said that they would likely go
to Neswick or nothing and that if there was a major change, they
would have an information meeting with Town Meeting Members but she
would not commit them to a special town meeting.
9:29 P.M.
After more discussion, William M. Fraser moved the previous question
which was declared carried by voice vote. 9:43 P.M.
Main motion presented under Article 28 by Mrs. Battin was declared
carried by voice vote. 9:44 P.M.
Mary W. Miley moved that Article 38 be taken off the table. 9:44 P.M.
Mary W. Miley moved that Article 38 and line items 5800 and 5850 of Article 4
be considered together. 9:45 P.M.
Motions, as offered by Mrs. Miley, declared carried by voice vote. 9:45 P.M.
(See Pages 393, 394 and 409)
The Moderator informed the meeting that in accordance with Mrs. Miley's
motions, Article 38 and line items 5800 and 5850 of Article 4 would be discussed
together but would be voted on separately.
Article 38. Presented by Mary W. Miley.
(Not MOTION: That the sum of $257,000 be appropriated, in addition to the
adopted- amount specified in line items 5800 and 5850, for the curbside
See Pgs. collection and disposition of garbage and trash and for the collection
484 -485) and disposition of recyclables, and that such amounts be raised in
the tax levy. 9 :45 P.M.
Article 4. Line Item 5800 MOTION: That the sum of $32,400 be appropriated
under line item 5800.
9:46 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
Article 4. Line Item 5850 MOTION: That the sum of $65,290 be appropriated under
line item 5850.
9:46 P.M.
After giving an explanation of her motions, Mrs. Miley responded to a
question by Robert I. Rotberg by saying that apartments and condominiums
would be picked up once a week. 9:50 P.M.
Judith L. Zabin moved to amend the motion under Article 38 by adding
the following sentence at the end thereof:
It shall be a condition of any contract for the collection of solid
waste that all metal cans, glass and newspapers shall be separated
from other trash and garbage for the purpose of recycling.
9:53 P.M.
Voice vote on Mrs. Zabin's motion to amend was doubted by the Moderator
so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 6
2 12 Arthur C. Smith 7
3 12 Jeanne K. Krieger 8
4 12 Susan C. Hodgkins 4
5 8 Edward R. DuBois 12
6 6 Susan S. Solomon 9
7 9 Marthur H. Kalil 6
8 5 Eleanor H. Yasaitis 9
9 11 Anna P. Currin 5
At Large 4 John R. Campbell 16
Totals 84 82
Motion to amend Article 38, as offered by Mrs. Zabin, is adopted.
10 :11 P.M.
Robert B. Kent moved reconsideration of Judith L. Zabin's amendment.
10:11 P.M.
Mr. Kent explained that the Board of Selectmen supported his motion
to reconsider the amendment. 10:13 P.M.
After general discussion, both pro and con, a voice vote was taken on
the motion to reconsider, which was doubted by the Moderator, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 6
2 8 Arthur C. Smith 11
3 10 Jeanne K. Krieger 10
4 7 Susan C. Hodgkins 11
5 11 Edward R. DuBois 9
6 7 Susan S. Solomon 8
7 4 Marthur H. Kalil 11
8 12 Eleanor I1. Yasaitis 4
9 4 Anna P. Currin 12
At Large 18 John R. Campbell 3
Totals 86 85
Motion to reconsider Mrs. Zabin's motion to amend is adopted.
10:38 B.M.
The Moderator stated that the question comes now on Mrs. Zabin's
motion to amend.
Sheila Clemon -Karp moved that the vote on Mrs. Zabin's amendment be
taken by roll call. 10:38 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
Article 38. Standing vote of those in favor of the roll call vote was taken as
(Cont.) follows:
Precinct Tellers In Favor
1 Pamela Winston 7
2 Arthur C. Smith 10
3 Jeanne K. Krieger 7
4 Susan C. Hodgkins 3
5 Edward R. DuBois 4
6 Susan S. Solomon 0
7 Marthur H. Kalil 9
8 Eleanor H. Yasaitis 2
9 Anna P. Currin 4
At Large John R. Campbell 8
Total 54
As there were more than the required fifty members having voted in
favor, the Moderator stated that the vote on the motion to amend
Article 38 as presented by Mrs. Zabin would be taken by a call of
the roll. 1_0:40 P.M.
James M. McLaughlin moved the previous question which was declared
lost by voice vote. 10:40 P.M.
The .roll call vote on the motion to amend Article 38 as presented
by Mrs. Zabin was taken by the Town Clerk, Mary R. McDonough,
starting at 10:52 P.M. and completed at 11:02 P.M. with the final
tally completed at 11:05 P.M., results as follows: (Final result
announced by the Moderator at 11:06 P.M.)
ROLL CA LL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38
PRECINCT ONE YES NO ABS TAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 7 6 0 8
PREC INCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric T. x
Connolly, Norman N. x
Docks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CO NT.)
(Cont.)
PRECINCT TWO (CONT.) YES NO ABSTAINED ABSENT
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 11 9 0 1
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald I Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotberg, Robert I. x
Souza, Richard W. x
TOTALS 10 10 1 0
PRECINCT FOUR
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, Will J. Jr. x
r ck�r th�rin G. x
Frickk, Pre erick �. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph O. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 14 6 0 1
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 19 79.)
Article 38. ROLL CALL VOTE O N MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.)
(Cont.)
PRECINCT FIVE YES NO ABSTAINED ABSENT
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 10 11 0 0
PRECINCT SIX
Bailey, Fred C_ x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Code, Charles J. Jr. x
Downey, John F. Jr. x
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 8 11 0 2
PRECINCT SEVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
(Adjourned Session of the 1979 Annual 'Town Meeting - May 2, 1979.)
Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.)
(Cont.)
PRECINCT SEVEN (CONT.) YES NO ABSTAINED ABSENT
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 10 9 0 2
PRECINCT EIGHT
Battin, Richard H. x
Beamon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
Garing, Ione D. x
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS 5 14 0 2
PRECINCT NINE
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 11 8 0 2
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
(Adjourned Session of the 1979 A nnual Town Meeting - May 2, 1979.)
Article 38. ROLL CALL VOTE ON MRS. ZABIN'S AMENDMENT TO ARTICLE 38 (CONT.)
(Cont.)
TOWN MEETING MEMBERS A T LAR (CONT.) YES NO ABSTAINED ABSEN
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 0 7 2 0
FINAL RESULTS YES NO ABSTAINED ABSENT TOTALS
Precinct One 7 6 0 8 21
Precinct Two 11 9 0 1 21
Precinct Three 10 10 1 0 21
Precinct Four 14 6 0 1 21
Precinct Five 10 11 0 0 21
Precinct Six 8 11 0 2 21
Precinct Seven 10 9 0 2 21
Precinct Eight 5 14 0 2 21
Precinct Nine 11 8 0 2 21
At Large 0 7 2 0 9
TOTALS 86 91 3 18 198
The Moderator declared that Mrs. Zabin's motion to amend Article 38
does not prevail. 11:06 P.M.
Roger G. Trudeau moved that the words trash and recyclables be deleted
from this article and that the sum of $257,000 be reduced to zero.
11:07 P.M.
Voice vote on Mr. Trudeau's motion to amend was doubted by the Modera-
tor, so a standing vote was taken as follows:
Precinct In favor Tellers Opposed
1 10 Pamela Winston 3
2 12 Arthur C. Smith 8
3 6 Jeanne K. Krieger 15
4 12 Susan C. Hodgkins 4
5 15 Edward R. DuBois 3
6 2 Susan S. Solomon 13
7 11 Marthur H. Kalil 5
8 12 Eleanor H. Yasaitis 3
9 7 Anna P. Currin 7
At Large 10 John R. Campbell 10
TOTALS 97 71
Mr. Trudeau's motion to amend Article 38 is adopted. 11 :22 P.M.
The Moderator stated that the effect of this amendment is that it
makes Article 38 a non article or a non motion. 11:22 P.M.
Ephraim Weiss moved a substitute motion under Article 38 to read as
follows:
That the sum of $52,000 be appropriated for providing curbside
collection of recyclables, and that such amount be raised by the tax
levy. 11:7.3 P.M.
Fred C. Bailey served notice of reconsideration of Mr. Trudeau's
motion to amend Article 38. 11:25 P.M.
(See Page 484.)
(Adjourned Session of the 1979 Annual Town Meeting - May 2, 1979.)
Article 38. Selectman Mary W. Miley spoke in favor of Mr. Weiss's amendment but
(Cont.) Selectman Alfred S. Busa said that a majority of the Board of Select -
ment do not go along with the amendment for recycling.
11:28 P.M.
The Appropriation Committee, according to Chairman Donald B. White,
are opposed to the Weiss amendment. 11:32 P.M.
John E. Downey, Jr. moved the previous question which was declared
lost by voice vote. 11:33 P.M.
Karsten Sorensen moved that further discussion on the Weiss amendment
be postponed to next Monday night but this motion was declared lost
by voice vote. 11:36 P.M.
Mr. Weiss's motion to amend Article 38 declared lost by voice vote.
11:37 P.M.
In response to a question by Arthur C. Smith, the Moderator stated that
if the meeting were adjourned now, the next session would open on
Article 38 with the two line items under Article 4 (5800 & 5850).
Margery M. Battin moved that this meeting be adjourned to Monday, May 7, 1979
at 8 P.M. in Cary Memorial Hall. This motion was carried by voice vote.
11:38 P.M.
A true copy.
Attest:
P � j
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD MAY 7, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:06 P.M. in Cary Memorial Hall.
1
There were 181 Town Meeting Members present.
The invocation was offered by Rev. Polly Laughland, Minister at the Follen Church.
8:07 P.M.
Fred C. Bailey moved reconsideration of the action on Roger G. Trudeau's
amendment under Article 38. (See May 2, 1979 Session - Page 482)
8:08 P.M.
Mr. Bailey showed a slide of the motion under Article 38 as it now reads with
Mr. Trudeau's amendment:
Motion: That the sum of zero be appropriated, in addition to the amount
specified in line items 5800 and 5850, for the curbside collection and
disposition of garbage and and for the collection and disposition
of and that such amounts be raised in the tax levy.
Mr. Bailey's motion to reconsider Mr. Trudeau's amendment under Article 38
declared carried by voice vote. 8:12 P.M.
Article 38. (See Page 482)
The Moderator stated that Roger Trudeau's amendment was now before the
meeting.
Mr. Trudeau's motion to amend Article 38, as presented at the May 2,
1979 session of this meeting, was declared lost by voice vote.
8:12 P.M.
The Moderator stated that the main motion, as presented by Mary W.
Miley at the May 2, 1979 session of this meeting (See Page 476),
is now before the meeting. This motion reads as follows:
(Not MOTION: That the sum of $257,000 be appropriated, in addition to
adopted) the amount specified in line items 5800 and 5850, for the curbside
collection and disposition of garbage and trash and for the collection
and disposition of recyclables, and that such amounts be raised in the
tax levy.
After an explanation and showing of slides by Mr. Bailey, Donald B.
White stated that the Appropriation Committee did not feel that this
was a necessary program at this time and would like to see this
article defeated. He added that the current tax rate is $90.20 and
that at this point in the meeting with appropriations so far, that
the tax rate is up to $87.70 with a possible increase to $91.00.
8:28 P.M.
Mrs. Miley, reading a section of the Solid Waste Report, urged
adoption of this article. 8:33 P.M.
Selectmen Alfred S. Busa and James F. Crain both spoke in opposition.
8:41 P.M.
In response to a question by William J. Scouler, Town Manager Robert
M. Hutchinson, Jr. said that the Miller Disposal Co. said that they
could pick up the trash for the whole town in three days. Whether
this would allow the closing of the dump for additional days in the
week, Mr. Hutchinson felt that experience would give the answer to
that question. 8 :48 P.M.
Donald J. Shaw moved the question which was declared carried by voice
vote. 8:48 P.M.
Voice vote on the main motion, offered by Mrs. Miley, was doubted by
the Moderator so a standing vote was taken as follows:
(Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.)
Article 38. Precinct In Favor Tellers Opposed
(Cont.)
1 1 Pamela Winston 16
2 7 Arthur C. Smith 12
3 10 Jeanne K. Krieger 9
4 6 Susan C. Hodgkins 11
5 4 Edward R. DuBois 14
6 13 Susan S. Solomon 3
7 3 Marthur H. Kalil 12
8 3 Eleanor H. Yasaitis 12
9 7 Anna P. Currin 9
At Large 9 John R. Campbell 10
Totals 63 108
Main motion presented by Mary W. Miley under Article 38 does not
prevail. 8:52 P.M.
Article 4 - Line Item 5800. (See Pages 393 and 476)
Presented by Mary W. Miley.
(As MOTION: That Line Item 5800 be amended to read that the sum of
adopted) $72,000 be appropriated under Line Item 5800 and that such amount be
raised in the tax levy. 8:53 P.M.
Frank Sandy raised the question of giving up garbage collection and
discussion followed. 9:01 P.M.
(See Mrs. Miley's motion to amend declared carried by voice vote.
amended 9:02 P.M.
vote
below) Main motion as amended declared adopted by voice vote. 9:02 P.M.
Article 4 - Line Item 5850. (See Pages 394 and 477)
Presented by Mary W. Miley.
MOTION: That the sum of $65,290 be appropriated under line item
5850 and that such amount be raised in the tax levy.
9:03 P.M.
(See next page)
Robert B. Kent moved reconsideration of Line Item 5800 under Article 4.
Carried by voice vote. 9:03 P.M.
Article 4 - Line Item 5800. (See above)
As the voice vote on this line item was not unanimous a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 17 Pamela Winston 0
2 16 Arthur C. Smith 3
3 16 Jeanne K. Krieger 1
4 12 Susan C. Hodgkins 4
5 15 Edward R. DuBois 4
6 9 Susan S. Solomon 7
7 10 Marthur H. Kalil 7
8 16 Eleanor H. Yasaitis 0
9 15 Anna P. Currin 0
At Large 18 John R. Campbell 1
Totals 144 27
Main motion as amended under Article 4 Line Item 5800 adopted.
9:07 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.)
The Moderator stated that the meeting is now open on Article 4 - Line Item 5850.
Article 4 - Line Item 5850. (See Page 485)
(Cont.) (Motion presented under this line item (See Page 485)
(As MOTION: That the sum of $65,290 be appropriated under line item
adopted) 5850 and that such amount be raised in the tax levy.
Voice vote on main motion carried unanimously. 9:07 P.M.
Alfred S. Busa moved that Article 4 - Line Item 5450 be placed on the table.
This motion was declared lost by voice vote. 9:08 P.M.
Mr. Busa said that the Selectmen wished to take up Article 24 before Article 4-
Y
Line Item 5450. 9:10 P.M.
Margery M. Battin moved that Article 4 - Line Item 5450 be placed on the table.
This motion was adopted by voice vote. 9:10 P.M.
Alfred S. Busa moved that Article 57 be taken off the table. This motion was
adopted by voice vote. 9:10 P.M.
(See Page 435)
Article 57. Presented by Alfred S. Busa.
MOTION: That this article be indefinitely postponed.
Carried by voice vote. 9:13 P.M.
Alfred S. Busa moved that Article 24 be taken off the table. This motion
was adopted by voice vote. 9:13 P.M.
(See Page 407)
Article 24. Presented by Alfred S. Busa.
MOTION: That the sum of $164,500.00 be appropriated for the pur-
chase by or with the approval of the Selectmen of equipment from the
Department of Public Works, and that to raise such amount $85,000.00
shall be transferred from available and anticipated P.L. 92 -512 as
amended by P.L. 94 -488 funds (General Revenue Sharing Funds) and
$79,500.00 be raised in the tax levy.
9:15 P.M.
Mr. Busa lists the equipment needed and gives a short explanation.
9:18 P.M.
Nyles Nathan Barnert offered a substitute motion as follows:
(As MOTION: That the sum of $84,500.00 be appropriated for the pur-
adopted) chase by or with the approval of the Selectmen of equipment for the
Department of Public Works, and that to raise such amount $84,500
shall be transferred from available and anticipated P.L. 92 -512 as
amended by P.L. 94 -488 funds (General Revenue Sharing Funds).
9:19 P.M.
Mr. Busa urged defeat of the substitute motion and Donald B. White
said that the Appropriation Committee supported the substitute motion.
9:24 P.M.
The topic of concern was the compactor for the dump. Mr. Barne.rt's
motion would be deleting the amount of $80,000. which is the cost of
a new compactor. Mr. Busa stated that it would be necessary to spend
approximately $35,000. to put the present compactor in operating
condition. This compactor will be six years old in October of this
year. 9:29 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.)
Article 24. Mr. Barnert's motion to substitute is declared adopted by voice
(Cant.) vote. 9:30 P.M.
The Moderator states that Mr. Barnert's substitute motion is now the
main motion.
Mr. Barnert's motion, which is now the main motion, was adopted
unanimously. 9:37 P.M.
Alfred S. Busa moved that Article 4 - Line Item 5450 be taken off the
table. Carried Unanimously. 9:37 P.M.
(See Pages 393 and 486)
Article 4 - Line Item 5450.
Alfred S. Busa moved that:
Line Item 5450 be amended to read the sum of $159,500 and such
amount be raised on the tax levy.
9:38 P.M.
Daniel L. McCabe served notice of reconsideration of Article 24. 9:47 P.M.
Article 4 - Line Item 5450. (Cant.)
Mr. Busa's motion to amend declared lost by voice vote. 9:48 P.M.
Alfred S. Busa moved that:
(As Line Item 5450 be amended to read the sum of $149,500 and such
adopted) amount be raised on the tax levy.
9:52 P.M.
Ater general discussion, Mr. Busa's motion to amend was declared
adopted by voice vote. 9:58 P.M.
Amended motion, which is now the main motion, was declared adopted
unanimously. 9:58 P.M.
Article 61. Presented by Mary W. Miley.
MOTION: That the Selectmen be and they hereby are authorized to
(Not convey the Parker School property on Bedford Street, consisting of
adopted. the building and approximately 3.5 acres of land, more or less, to
See Urban Design Team for a minimum price of $100,000.00, such property
Page to be used for condominiums, seven of which shall be donated to the
493) Town of Lexington, in accordance with the site plan presented to and
which is hereby approved by this Town Meeting, and on such other
terms as the Selectmen shall determine.
10 P.M.
Eric T. Clarke and Elizabeth H. Clarke filed written notice with the
Town Clerk that they would abstain from voting on this article.
Donald J. Shaw served notice of reconsideration of Article 4 - Line Item
5450. 10 P.M.
Article 61. At the request of Mrs. Miley, Peter M. Conant, President, Urban Design
(Cant.) Team, Inc., the developer, was recognized for the first and second ten
minutes at 10:02 P.M. Mr. Conant showed slides and gave an explanation
of the project. 10:16 P.M.
g:p (Adjourned Session of the 1979 Annual Town Meeting - May 7, 1979.)
Article 61. Albert P. Zabin, Chairman of the Planning Board, filed the Planning
(Cont.) Board Report covering Article 61 unanimously supporting the article.
10:17 P.M.
Martin L. Hagerty, Town Meeting Member from Precinct 7 and an abutter
of the Parker School, speaks for the abutters against the second cut
or road onto Bedford Street. He urged defeat of this motion if the
road is not changed. This concern was voiced by others, namely:
Joseph Flaherty, speaking from the balcony, who lives directly across
from the proposed road and Member Jack Sarmanian who lives north of
the school property. 10:45 P.M.
John R. Campbell moved that article be indefinitely postponed.
10:50 P.M.
Mrs. Miley said that the EDCO GROUP, the tenants in the school at
this time, will be there through the summer but, depending on funds,
do not know what will happen after the summer. If they leave, the
building would then be vacant and this is a cause for concern.
10:52 P.M.
Selectman James F. Crain said that there is no guarantee of the future
use of the school and speaks against indefinite postponement.
10:54 P.M.
In response to a question by George A. Burnell, Mrs. Miley said that
the appraisal figure of the property is $100,000. 10:58 P.M.
Mr. Campbell's motion for indefinite postponement of Article 61 was
declared lost by voice vote. 11 P.M.
Charles E. Connolly moved that the article be referred to the Board
of Selectmen and Planning Board to be reported back at a subsequent
session of this Annual Town Meeting. 11:14 P.M.
Anthony L. Mancini moved that the article be referred to the Board
of Selectmen and the Planning Board to be reported back at a sub-
sequent Town Meeting. 11:18 P.M.
Joseph F. Gilbert, Jr. moved the previous question. 11:19 P.M.
informed
The Moderator /the meeting that if the previous question is adopted,
the order of voting would be as follows:
1. The amendment to the amendment.
2. Tile amendment.
3. The main motion.
Mr. Gilbert's motion for the previous question was declared carried .
by voice vote. 11:20 P.M.
Mr. Mancini's motion to amend was declared lost by voice vote.
11:22 P.M.
Mr. Connolly's motion to amend was declared lost by voice vote.
11:22 P.M.
In response to a question by Arthur C. Smith, the Moderator stated
that a two - thirds vote was needed on this article. Standing vote
taken as follows: (Norman N. Connolly abstained from voting)
Precinct In Favor Tellers Opposed
1 6 Pamela Winston 6
2 8 Arthur C. Smith 9
3 17 Jeanne K. Krieger 3
4 11 Susan C. Hodgkins 4
5 10 Edward R. DuBois 8
6 13 Susan S. Solomon 3
7 12 Mar_thur H. Kalil 4
8 4 Eleanor H. Yasaitis 10
9 11 Anna P. Currin 4
At Large 11 John R. Campbell 7
Totals 103 58
Less than the required two - thirds having voted in favor, the main
motion as presented by Mrs. Miley is not adopted. 11:27 P.M.
(Adjourned Session of the 1979 Meeting - May 7, 1979.)
Mary W. Miley served notice of reconsideration of Article 61. 11:27 P.M.
(See Pages 492 and 493)
Margery M. Battin moved that this meeting be adjourned to Wednesday, May 9,
1979 at 8 P.M. in Cary Memorial Hall. This motion adopted by voice vote_
11:30 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESS OF THE 1979 ANNUAL TOWN MEETING
HELD MAY 9, 1979
The meeting was called to order by the Moderator Lincoln P. Cole, Jr. at
8:05 P.M. in Cary Memorial Hall.
There were 179 Town Meeting Members present.
Invocation offered by Rev. Theodore M. Atkinson, Associate Minister of the
Hancock United Church of Christ. 8:07 P.M.
The following proclamation was read by Otis S. Brown, Jr., Chairman of the
School Committee:
PROCLAMATION: Dated May 9, 1978.
WHEREAS: Robin Jacobsohn and Susan Kolodkin won the 1979 State Championship
of the Massachusetts Forensic League; and
WHEREAS: The Lexington High School Debate Team won the Massachusetts Forensic
League competition for the second consecutive year.
WHEREAS: Ray W. Karras coached these students;
RESOLVED: That by their remarkable success have exemplified values and aims
that rank high in the public schools and the public life of Lexington: reason,
persuasion, dialogue, and intellectual vigor.
RESOLVED FURTHER: That these accomplishments and these contributions are of
such merit and significance as to warrant permanent recognition in the records of
the Lexington Public Schools and the records of the 1979 Annual Town Meeting.
Lexington School Committee by:
Otis S. Brown, Jr.
Chm., Lexington School Committee
8:08 P.M.
William J. Dailey, Jr. moved that Article 78 be taken up at this time. This
motion carried unanimously. 8:09 P.M.
Article 78. The Moderator informed the meeting that he understood that the
presentations both for and against the proposal under Article 78
would take approximately twenty minutes each, so, at this time, the
Moderator stated that he would recognize both sides for the second
ten minutes.
Presented by William J. Dailey, Jr.
MOTION: That the zoning by -law of the Town of Lexington be amended
(Adopted. by adding a new subsection 22.64.
See
Pages RD - Multi - family dwelling district as follows:
499 -
505) Described as follows:
A certain parcel of land on the Southerly side of Concord Avenue and
the Easterly side of Walnut Street, in Lexington, Middlesex County,
Massachusetts, bounded and described as follows:
NORTHEASTERLY by Concord Avenue, one hundred sixty -five (165) feet;
SOUTHEASTERLY by land now or formerly of Commonwealth of Massachusetts
and Middlesex County, one thousand four hundred fifty -
five (1455) feet;
SOUTHWESTERLY by land now or formerly of Middlesex County, three
hundred eighty -five (385) feet;
SOUTHEASTERLY by land now or formerly of Middlesex County, one
hundred ninety (190) feet;
SOUTHWESTERLY by land now or formerly of Middlesex County, six
hundred fifteen (615) feet;
WESTERLY by Walnut Street, eight hundred eighty -five (885) feet;
NORTHERLY by land of owners unknown, six hundred fifty (650) feet;
(Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.)
Article 78. WESTERLY by land now or formerly of owners unknown, eighty (80)
(Cont.) feet;
NORTHERLY by land of owners unknown, three hundred forty (340)
feet;
NORTHWESTERLY and NORTHEASTERLY by land of owners unknown, two
hundred thirty -two (232) feet, and five hundred
forty -five (545) feet;
NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one
hundred twenty -five (125) feet;
NORTHEASTERLY by Concord Avenue, forty (40) feet;
SOUTHEASTERLY by land now or formerly of Walnut Farm Trust, one
hundred twenty -five (125) feet;
NORTHEASTERLY by land now or formerly of Walnut Farm Trust, two
hundred fifty (250) feet;
NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one
hundred twenty -five (125) feet,
be all of said measurements more or less.
8:12 P.M.
At the request of Mr. Dailey, F. William Smith, a resident of Lexing-
ton and the proponent, was recognized and he made his presentation.
Mr. Smith informed the meeting that in accordance with a "Memorandum
of Understanding" that he had filed with the Town Clerk, that he had
agreed to grant an option to the Lexington Housing Authority
for the sale of not less than 12 (or 10 %, whichever is larger) of the
units approved by the 1979 Town Meeting for Potters Pond. This
development is to consist of 113 units. 8 :31 P.M.
Albert P. Zabin filed the Report of the Planning Board, signed by
three members, supporting Article 78. 8:33 P.M.
James P. Reilly, with the aid of his wife Marian C. Reilly showing
slides, made a presentation in opposition to Article 78. In his
opinion, there would be far less impact on the neighborhood with
single family homes. He was concerned about the traffic impact on
the intersections and of the long term effect on the neighborhood.
8:52 P.M.
Mary E. Shunney, Chairman of the Lexington Housing Authority, said
that the Authority had met with MADC. At the moment they do not have
a commitment but hope that they will have one. They believe what
Mr. Smith has written in his letter and feel that he will follow
through and do what he says. The Lexington Housing Authority
unanimously supports this article. 8:54 P.M.
Paul V. Riffin felt that there are too many condominium developments
in Precinct Three and can see no redeeming feature in this proposal.
8:57 P.M.
Albert P. Zabin stated that he felt that this was an excellent design
for the town although there could be a question of the density. He
added that single family units do not pay their own way whereas multi -
units do. There should be no long term adverse effect on the neighbor-
hood from a well designed multi -unit development. 9 :07 P.M.
Planning Board Member Frank Sandy spoke in opposition. 9:15 P.M.
Although Francis W. K. Smith believed that condominiums made the best
use of the land and had praise for the developer for considering the
wetlands among other things, he said that he could not support this
article. If there were to be 90 units instead of the 113, he would
feel differently. 9 :20 P.M.
J. Keith Butters had calls from two neighbors who were long time resi-
dents and were reaching retirement age. They wanted him to support
this article as they planned to sell their homes and were very
interested in this development for a possible future purchase.
9:23 P.M.
Jeanne K. Krieger moved that Article 78 be referred to the Planning
Board to be reported on at next year's town meeting. 9:26 P.M.
(Adjourned S of the 1979 Annual Town Meeting - May 9, 1979.)
Article 78. Albert P. Zabin said that the Planning Board had just taken a poll
(Cont.) on Mrs. Krieger's motion with the following results:
3 in favor, 1 opposed and 1 with no opinion. 9:30 P.M.
Mrs. Krieger's motion to refer declared lost by voice vote.
9:36 P.M.
In response to a question by Susan S. Beck, Mr. Smith said the prices
of the units for the Lexington Housing Authority would be $40,000 for
a one - bedroom unit, $45,000 for a two - bedroom unit, or $53,725 for a
three- bedroom unit. These prices may be adjusted by an inflationary
factor as determined by HUD. The balance of the units would be sold
at fair market value. 9:39 P.M.
A standing vote on the main motion was taken as follows:
Precinct In Favor Tellers O ppos ed
1 15 Pamela Winston 1
2 15 Arthur C. Smith 3
3 7 Jeanne K. Krieger 13
4 11 Ruth S. Thomas 5
5 10 Edward R. DuBois 10
6 11 Susan S. Solomon 6
7 9 Marthur H. Kalil 7
8 9 Eleanor H. Yasaitis 6
9 9 Donald J. Shaw 6
At Large 17 John R. Campbell 4
Totals 113 61
Less than the required two- thirds having voted in favor, the main
motion as presented by Mr. Dailey does not prevail. 9:44 P.M.
Mary W. Miley moved reconsideration of Article 61. 9:44 P.M.
Albert P. Zabin informed the meeting that the Planning Board met with the
Board of Selectmen and the developer Peter Conant and in view of some answers
that came of this meeting that it would be favorable for the meeting to have
Article 61 reconsidered. 9:46 P.M.
Voice vote on the motion to reconsider Article 61. was declared adopted, but
the vote was doubted by more than twenty members so a standing vote was taken as
follows:
Precinct In Favor Tellers Opposed
1 7 Pamela Winston 1
2 9 Arthur C. Smith 6
3 11 Marie E. Roberts 1
4 9 Ruth S. Thomas 4
5 14 Edward R. DuBois 5
6 15 Susan S. Solomon 1
7 8 Marthur H. Kalil 8
8 6 Eleanor H. Yasaitis 7
9 10 Donald J. Shaw 5
At Large 12 John R. Campbell 2
Totals 101 40
Motion to reconsider Article 61 was adopted, 9:50 P.M.
William J. Dailey served notice of reconsideration of Article 78. 9:50 P.M.
(See Pages 499 - 505)
Article 61. (See Page 487 for motion as presented at the May 7, 1979 meeting.)
Robert B. Kent stated that the Board of Selectmen and the Planning
Board are unanimously in favor as to the location of the road as
designed, The Selectmen unanimously feel that this concept is
(Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979
Article 61. basicly sound and if any problems arise they are not obliged to go
(Cont.) forward. 10:10 P.M.
Albert P. Zabin reiterated the fact that the Planning Board favored
this article. 10:12 P.M.
George A. Burnell moved that all units constructed on the second
floor shall be limited to that floor and no portion of the area be-
tween the ceiling of that floor and the roof shall be utilized for
living area. 10:15 P.M.
Martin L. Hagerty, an abutter to the property, supported the motion
of Mr. Burnell. 10.18 P.M.
Mr. Burnell's motion to amend was declared lost by voice vote.
10:28 P.M.
Richard A. Michelson spoke in opposition to the sale of the school
as he felt that the school population will be going up. According
to Mr. Michelson there are other uses for the building but he realized
that they had been rejected by the neighborhood.
10:31 P.M.
Urging defeat of the main motion, John R. Campbell said that the
present tenant, EDCO, is delighted with the property and wants to
stay there. In answer to this statement, the Town Manager, Robert M.
Hutchinson, Jr, said that Mr. Campbell was incorrect and that there was
no guarantee that EDCO would or could stay. 10:42 P.M.
James J. Scanlon moved the previous question. 10:48 P.M.
Martin L. Hagerty asked that when the vote was taken on the main
motion that it be taken by a call of the roll. 10:48 P.M.
Previous question was declared carried by voice vote. 10:50 P.M.
Mr. Hagerty repeated his request that the vote on the main motion be
taken by a call of the roll. 10:50 P.M.
The Moderator asked for a standing vote for all those in favor of a
roll call vote with results as follows:
Precinct Tellers Opposed
1 Pamela Winston 2
2 Arthur C. Smith 0
3 Marie E. Roberts 4
4 Ruth S. Thomas 2
5 Edward R. DuBois 2
6 Susan S. Solomon 3
7 Marthur H. Kalil 8
8 Eleanor H. Yasaitis 1
9 Donald J. Shaw 1
At Large William J. Dailey, Jr. 1
Total 24
Less than the required fifty members in favor of a roll call vote
it will not be in order to have the call of the roll. 10:52 P.M.
Standing vote on Mrs. Miley's motion (see page 487) as follows:
Precinct In Favor Tellers Opposed
1 6 Pamela Winston 8
2 2 Arthur C. Smith 12
3 10 Marie E. Roberts 10
4 11 Ruth S. Thomas 5
5 14 Edward R. DuBois 6
6 12 Susan S. Solomon 4
7 5 Marthur H. Kalil 13
8 7 Eleanor H. Yasaitis 9
9 11 Donald J. Shaw 5
At Large 13 William J. Dailey, Jr. 5
Totals 91 77
Less than required 2/3 in favor, the main motion not adopted.
10:55 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 9, 1979.)
Margery M. Battin informed the meeting that as of this evening she was retiring
as the Chairman of the Board of Selectmen after having served in that capacity for
two years. She thanked everyone for all of the assistance she had received during
this period and said that the Board would reorganize after this session of the town
meeting adjourned whereupon she was given a standing ovation. 10 :57 P.M.
Mrs. Battin then moved that this meeting be adjourned to Monday, May 14, 1979
at 8 P.M. in Cary Memorial Hall. Motion to adjourn was declared ca.r_ried by voice
vote. 10:58 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1979 ANNUAL TOWN MEETING
HELD MAY 14, 1979
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr.. at
8:08 P.M. in Cary Memorial Hall.
There were 184 Town Meeting Members present.
Invocation offered by Rev. John P. Streit, Jr., Assistant Minister at the
Church of Our Redeemer. 8:10 P.M.
Robert B. Kent moved that Article 33 be taken from the table. This motion
was declared carried unanimously. 8:10 P.M.
(See Page 408)
Article 33. Presented by Robert B. Kent.
MOTION: That the sum of $179,000.00 be appropriated, in addition to
money previously appropriated, for a revaluation of all taxable
property in the Town, and that such amount be raised in the tax levy.
8:10 P.M.
In his explanation of this article, Mr. Kent said that the town had
last been revalued in 1962. For the upcoming revaluation the following
amounts have already been appropriated: $30,000. in 1975; $15,000. in
1976; $1,000. in 1977 and $15,000. in 1978. 1981 is the deadline for
the revaluation as mandated by the State so further partial funding
would not be appropriate at this time. He added that the Board of
Selectmen unanimously supported this article. 8:14 P.M.
George S. Silverman stated that the Appropropriation Committee
unanimously supported the motion as presented by Mr. Kent.
8:14 P.M.
Mr. Kent's motion was declared carried unanimously. 8:15 P.M.
Albert P. Zabin moved reconsideration of Article 64. 8:15 P.M.
Mr. Zabin said that the Planning Board had received a letter from the Lexing-
ton Housing Authority supporting accessory apartments. If his motion to reconsider
Article 64 is adopted, he said that he would move to amend the article and all the
difficulties that were in the earlier article should be taken care of.
8:18 P.M.
Motion to reconsider Article 64 declared carried by voice vote. 8:18 P.M.
Article 64. (See Page 449.)
Albert P. Zabin offered the following amendment:
Section 42.1 (a) is amended by striking the first sentence thereof,
and substituting therefor "No exterior alterations may be made to the
original single - family dwelling unless necessary to comply with any
law or regulation ".
Section 42.1 (b) is hereby amended by striking it and substituting
therefor the following: "The SPGA shall not issue a permit under this
Section for any building which, on the date of the application, is not
at least 25 years old, or to which an addition has been built within
five years of the date of application, and which increased the floor
area of the original building by more than 100. The total floor area
of an accessory apartment shall not exceed 350 of the total floor area
of the building in which it is located."
Article 64 is further amended by striking therefrom Section 42.1 (d),
and substituting therefor: "No permit for an accessory apartment shall
be granted for any building which has less than 2,200 square feet of
floor area. It shall be a condition of each special permit granted
hereunder that the accessory apartment comply with the Health and
Building Codes of the Commonwealth in effect on the date of the
issuance of the Building Permit." 8:20 P.M.
(Adjourned Session of the 1979 Annual Town. Meeting - May 14, 1979.)
Article 64. Mr. Zabin's motion to amend Article 64 declared carried by voice vote.
(Cont.) 8:28 P.M.
The Moderator stated that the main motion as amended was now before
the meeting.
Main motion as amended by Mrs. Nichols and Mr. Wadsworth (See Page
449) and by Mr. Zabin (See Page 495) now reads:
MOTION: To amend the Zoning By -Law of the Town by
1. Adding in Section 1 the following paragraph immediately pre -
ceding the definition "ACCESSORY USE OR BUILDING ":
ACCESSORY APARTMENT An accessory apartment is a dwelling unit of
one or more rooms with separate kitchen and bathroom facilities,
designed for the occupancy of a separate household, in a home
originally constructed as a single family housing unit in or
before 1930.
2. Amending Subsection 25.1.6 by striking the words "Dwelling con -
version to two family" and substituting therefor "Accessory apart-
ments (see Section 42)" and by inserting the designation "SP" in
each column.
3. Inserting a new Section 42 as follows:
Section 42. Accessory apartments. This Section of the Zoning
By -Law is based upon the recognition that there is a need (a) to
allow owners to afford to stay in their homes; (b) to diversify,
as to cost, the rental units available within the Town of Lexington.
42.1 Application and approval process. Subject to the provi-
sions of Sections 13.1 and 13.2, the SPGA may grant a special
permit for the opening of one accessory apartment in a single -
family dwelling, at any place in the Town of Lexington, on a
lot of not less than 10,000 square feet, subject to the following
conditions and requirements:
(a) No exterior alterations may be made to the original single -
family dwelling unless necessary to comply with any law or
regulation. Such alteration shall not alter the single - family
appearance and character of such dwelling.
(b) The SPGA shall not issue a permit under this Section for
any building which, on the date of the application, is not at
least 25 years old, or to which an addition has been built
within five years of the date of application, and which increased
the floor area of the original building by more than 10 %. The
total floor area of an accessory apartment shall not exceed
35% of the total floor_ area of the building in which it is
located.
(c) The accessory apartment shall not exceed 30% of the gross
floor area of the single family dwelling, exclusive of any
garage, shed or similar structure of accessory use attached to
the single family dwelling. Floor plans of the original building
and the proposed accessory apartment, with a site plan showing
the location of the original single- family dwelling as well as
the proposed parking on the lot, shall be filed with the SPGA.
The SPGA shall forthwith deliver copies to the Fire Department
and Building Commissioner, and to those Boards, Commissions,
and Departments specified in Section 13.1.2 of this By -Law.
In addition to the requirements of Section 13.2.3 of this By -Law,
the SPGA shall not make its finding and determination until the
Building Commissioner, Fire Department and other Town Boards,
Commissions and departments submit their reports thereon or
until 35 days shall have elapsed since the transmittal of said
copies of the application and site plan.
(d) No permit for an accessory apartment shall be granted for
any building which has less than 2,200 square feet of floor area.
It shall be a condition of each special permit granted hereunder
that the accessory apartment comply with the Health and Building
Codes of the Commonwealth in effect on the date of the issuance
of the Building Permit.
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 64. (e) No boarders or roomers shall be taken by either the landlord
(Cont.) or tenant without specific, prior approval of the SPGA.
42.2 Any special permit issued by the SPGA hereunder shall be
conditioned upon the owner of the dwelling, in which any accessory
apartment is permitted, residing in the dwelling except for temporary
absences as approved by the SPGA.
42.3 Any special permit issued under this section shall be con-
ditioned upon the provision of not less than one off- street parking
space for each apartment.
42.4 Special permits granted under this section may be subject to
a time limitation.
Voice vote on the main motion as amended was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Pamela Winston 14
2 12 Arthur C. Smith 5
3 8 Jeanne K. Krieger 9
4 9 Susan C. Hodgkins 5
5 8 Edward R. DuBois 10
6 10 Susan S. Solomon 4
7 11 Marthur H. Kalil 5
8 5 Eleanor H. Yasaitis 11
9 8 Anna P. Currin 6
At Large 13 John R. Campbell 5
Totals 89 74
Less than the required two - thirds having voted in favor, the main
motion as amended under Article 64 was not adopted. 8:30 P.M.
Manfred P. Friedman moved that Article 69 be taken up at this time which was
declared carried by voice vote. 8:30 P.M.
Article 69. Presented by Manfred P. Friedman.
MOTION: That the General By -Laws and Zoning By -Law of the Town be
amended as set forth in this article.
8:31 P.M.
(Article 69 as set forth in the article: DEFINITIONS
To see if the Town will vote to strike Section 27 of Article XXV of
the General By -Laws and to amend Section 1 of the Zoning By -Law by:
1. Striking the definition ACCESSORY USE OR BUILDING and replacing
it with the following definitions:
ACCESSORY STRUCTURE: A structure, the use of which is incidental
and subordinate to that of the principal building, and which is
located on the same lot as the principal building.
...........
ACCESSORY USE: A use incidental and subordinate to the principal
use of a building, and located on the same lot as the principal
building.
ACCESSORY USES TO PERMITTED SCIENTIFIC RESEARCH, SCIENTIFIC
DEVELOPMENT, OR RELATED PRODUCTION: A use incidental to a
permitted principal use of scientific research, scientific
development, or related production, whether or not on the same
lot as the principal use.
2. Striking the definition CAMPING VEHICLES
3. Striking line c. in the DWELLING CONVERSION definition and re-
placing it with "No major exterior changes are made, except such
as may be required for safety by the Laws of the Commonwealth."
;", (Adjourne Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 69. 4. Striking the definition JUNKYARD and replacing it with the
(Cont.) following:
JUNKYARD: A parcel of land used for outdoor storage of two or
more unregistered motor vehicles, except as provided in Sub -
section 25.5.4, or an accumulation in the open of discarded
items not used or intended to be used by the owner or occupant
of the property."
or act in any other manner in relation thereto.)
Mr. Friedman filed the Report of the Planning Board covering
Article 69 which unanimously supports this Article.
8:31 P.M.
Mr. Friedman gives an explantion of the article and reads the
definitions and said that the Board of Appeals had no objections
to the changes. 8:37 P.M.
William T. Spencer moved to amend the motion but his amendment
was ruled out of order by the Moderator as it went beyond the
scope of the article. 8:39 P.M.
In response to a question by William J. Dailey, Jr., Mr. Friedman
said that the Carroll Farm would have to come to town meeting for
a rezoning request when their special permit expired. This
caused some controversy but Mr. Friedman felt that once the
Carroll's obtained the zoning change that they would be protected
for the future as the special permit could be denied at any time.
8:44 P.M.
Alan B. Wilson moved that this article be indefinitely postponed.
8:47 P.M.
It was felt by Patricia K. Hagedorn and Eric T. Clarke that this
change in the definition of JUNKYARDS was spot zoning in reverse
and Otis S. Brown, Jr. said that the zoning change should come
first. 8:49 P.M.
Richard A. Michelson moved the previous question. This motion was
voted on by voice vote, which was declared carried but the
decision was doubted by more than twenty members, so a standing
vote was taken as follows:
Precinct In Favor Te llers Opposed
]_ 19 Pamela Winston 1
2 11 Arthur C. Smith 5
3 5 Jeanne K. Krieger 13
4 9 Susan C. Hodgkins 4
5 13 Edward R. DuBois 6
6 3 Susan S. Solomon 12
7 2 Marthur H. Kalil 14
8 13 Eleanor H. Yasaitis 4
9 8 Anna P. Currin 7
At Large 8 John R. Campbell 8
Totals 91 74
Motion for previous question prevailed. 8:55 P.M.
Voice vote on Mr. Wilson's motion to indefinitely postpone
Article 69 was doubted by the Moderator so a standing vote was
taken as follows:
Precin In Favor Tellers Opposed
1 18 Bernice Manning 2
2 15 Arthur C. Smith 2
3 9 Jeanne K. Krieger 6
4 5 Susan C. Hodgkins 10
5 12 Edward R. DuBois 7
6 2 Susan S. Solomon 13
7 4 Marthur H. Kalil 13
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 69. (Standing vote on motion to indefinitely postpone (Cont.)
(Cont.)
Precinct In Favor Tellers Opposed
8 13 Eleanor H. Yasaitis 4
9 8 Anna P. Currin 10
At Large 7 John R. Campbell 10
Totals 93 77
Motion to indefinitely postpone Article 69 is adopted. 9 P.M.
Article 62. Jack Sarmanian moved that this article be indefinitely postponed.
Carried Unanimously. 9:01 P.M.
William J. Dailey moved reconsideration of Article 78. 9:01 P.M.
Mr. Dailey said that he had planned to move reconsideration on Wednesday, May
16, 1979 in consideration of the death of James P. Reilly's (an opponent to
Article 78) father and in the absence of Mr. Reilly but that, at this point, it
looked as if the 1979 Annual Town Meeting would be dissolved this evening. He
then asked that the proponent, F. William Smith be recognized. 9.02 P.M.
Mr. Smith, being recognized once and then for a second five minutes, said
that the density of this development had been reduced from 113 to 100 units and
this statement had been filed today with the Town Clerk. 9:14 P.M.
Francis W. K. Smith, who had voted against Article 78 at the May 9, 1979
session of this meeting now is in favor of reconsideration and of the main motion
and feels that this is the best use of this land. 9:15 P.M.
According to Manfred P. Friedman, the Planning Board supported the motion
to reconsider Article 78. 9:30 P.M.
Motion to reconsider Article 78 was declared carried by voice vote. 9:31 P.M.
Article 78. (See Pages 490 - 492)
The Moderator stated that the main question as presented by William J.
Dailey, Jr. at the May 9, 1979 session of this meeting was now before
the meeting. This motion reads as follows:
(As MOTION: That the Zoning By -Law of the Town of Lexington be amended
adopted) by adding a new subsection 22.64.
RD - Multi- family dwelling district as follows:
(Approved Described as follows:
by Atty.
General, A certain parcel of land on the Southerly side of Concord Avenue and
Aug. 16, the Easterly side of Walnut Street, in Lexington, Middlesex County,
1979. Massachusetts, bounded and described as follows:
Posted
in Town NORTHEASTERLY by Concord Avenue, one hundred sixty -five (165)feet;
Office SOUTHEASTERLY by land now or formerly of Commonwealth of Massachu-
Building setts and Middlesex County, one thousand four hundred
& nine fifty -five (1455) feet;
precincts SOUTHWESTERLY by land now or formerly of Middlesex County, three
on Sept. hundred eighty -five (385) feet;
13, 1979.) SOUTHEASTERLY by land now or formerly of Middlesex County, one
hundred ninety (190) feet;
SOUTHWESTERLY by land now or formerly of Middlesex County, six
hundred fifteen (615) feet;
WESTERLY by Walnut Street, eight hundred eighty -five (885) feet;
NORTHERLY by land of owners unknown, six hundred fifty (650) feet;
WESTERLY by land now or formerly of owners unknown, eighty (80)
feet;
NORTHERLY by land of owners unknown, three hundred forty (340)
feet;
NORTHWESTERLY and NORTHEASTERLY by land of owners unknown, two hundred
thirty -two (232) feet, and five hundred forty -five
(545) feet;
(Adjourned Ses of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one
(Cont.) hundred twenty -five (125)feet;
NORTHEASTERLY by Concord Avenue, forty (40) feet;
SOUTHEASTERLY by land now or formerly of Walnut Farm Trust, one
hundred twenty -five (125) feet;
NORTHEASTERLY by land now or formerly of Walnut Farm Trust, two
hundred fifty (250) feet;
NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one
hundred twenty -five (125) feet,
be all of said measurements more or less.
(Planning Board Report filed May 9, 1979 - See Page 491)
Albert P. Zabin moved to postpone this article until Wednesday night,
May 16, 1979, in fairness to the Reilly family but this motion was
declared lost by voice vote. 9:33 P.M.
At the request of Arthur C. Smith, the Moderator read the "Memo -
randum of Understanding" as filed in the office of the Town Clerk
on May 14, 1979 at 2:12 P.M.:
MEMORANDUM OF UNDERSTANDING
We hereby state and agree that, should Article 78 prevail, the number
of units constructed will not exceed One Hundred (100), Ten (10 %) of
which will be available to the Housing Authority as provided for in
the Memorandum of Understanding on file with the Office of Town Clerk.
The deletion of Thirteen (13) units from the plan presented Town
Meeting would be done prior to any submission being made to the Board
of Appeal for Site Plan Approval, and would be accomplished as follows:
- The Conservation Commission will advise the
Planning Board which units they prefer deleted
for reasons of soil structure and open space
or environmental considerations.
- The Developer and Planning Board will give preference
to such units and, in addition, shall mutually agree
on any additional units to be deleted.
The Developer further agrees to substantially maintain the existing
housing mix.
DATE: May 12, 1979 /Signed/ F. William Smith
/Signed/ Paul W. Boyd
9:35 P.M.
According to Manfred P. Friedman, the Planning Director had, during
the past weekend, researched the prices of houses in Lexington as
follows: Powers Court - $130,000 to $180,000; Bicentennial Farms -
$126,000 to $135,000; Minute Man Ridge - $143,000; Saddle Club Road -
$200,000; and Marrett Road (half way between Mass. Avenue and Wal-
tham Street) over $200,000. 9 :38 P.M.
Jeanne K. Krieger, a member from Minute Man Highlands, spoke of the
concern that the residents of the area had regarding traffic. She
asked that Michael Chicarelli and Earle Thompson, residents of Chad-
bourne Road, be recognized and they both spoke in opposition.
9:46 P.M.
Mary E. Shunney, Chairman of the Lexington Housing Authority, believed
that condominiums would be the best use of the land and urged support.
9:50 P.M.
John J. McWeeney moved the previous question which was declared carried
by voice vote. 9:56 P.M.
Joseph F. Gilbert, Jr. asked that a roll call vote be taken on the
main motion. 9:56 P.M.
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. The Moderator asked for a standing vote of those in favor of a roll
(Cont.) call vote, with results as follows:
Precinct Tellers In Fa vor
1 Pamela Winston 19
2 Arthur C. Smith 9
3 Jeanne K. Krieger 6
4 Susan C. Hodgkins 0
5 Edward R. DuBois 6
6 Susan S. Solomon 2
7 Marthur H. Kalil 8
8 Eleanor H. Yasaitis 1
9 Anna P. Currin 8
At Large John R. Campbell 11
Total 70
Roll call vote on the main motion is in order.
10:01 P.M.
The roll call vote on the main motion under Article '78, as offered
by William J. Dailey, Jr., was taken by the Town Clerk, Mary R.
McDonough, starting at 10:02 P.M. and completed at 10:12 P.M., final
Lally completed at 10:15 P.M. with the results as follows: (Final
results announced by the Moderator at 10:15 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78
PRECINCT ONE YES NO ABSTAINED ABSENT
Avery, John T. x
Barry, James E. x
Bellino, Vito M. x
Busa, William A. x
Cataldo, James x
Cataldo, Ralph A. x
Cataldo, Robert A. x
Cataldo, William R. x
Clemon -Karp, Sheila x
Doran, Stephen W. x
Hagedorn, Patricia K. x
Legassie, Evangeline x
Maloney, William E. Jr. x
Manning, Bernice x
Sampson, Barry E. x
Santosuosso, Benny A. x
Stone, Pamela Mary x
Tassone, Sheila Busa x
Winston, Pamela x
Zabin, Albert P. x
Zabin, Judith L. x
TOTALS 20 1 0 0
PRECINCT TWO
Abelmann, Nancy x
Bicknell, William E. x
Bussgang, Julian J. x
Clarke, Elizabeth H. x
Clarke, Eric. T. x
Connolly, Norman N. x
Docks, Karen A. x
Hadley, William P. x
MacArthur, Lillian T. x
Marshall, Barry H. x
McIver, Mary M. x
Michelman, Frank I. x
O'Brien, Edward x
O'Sullivan, Michael J. x
Pressman, Elizabeth H. x
Smith, Arthur C. x
Swanson, Patricia A. x
Totman, Judith J. x
Wilson, Alan B. x
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.)
(Cont.)
PRECINCT TWO (CONT.) YES NO ABST ABSENT
Wilson, Carolyn C. x
Wilson, Donald D. x
TOTALS 20 0 0 1
PRECINCT THREE
Bowyer, Robert A. x
Briggs, Donald H. Jr. x
Briggs, Donald H. III x
Buchfirer, Joy C. x
Carroll, John P. x
Davison, Jacqueline B. x
Dillman, Suanne C. x
Flynn, Elizabeth M. x
Gaudet, Jean x
Greene, Erna S. x
Groisser, Lilah H. x
Holland, Gloria V. x
Krieger, Jeanne K. x
McWeeney, John J. x
Reilly, James P. x
Reilly, Marian C. x
Ridgley, William A. x
Riffin, Paul V. x
Roberts, Marie E. x
Rotherg, Robert I. x
Souza, Richard W. x
TOTALS 9 10 0 2
PRE CINCT FO
Abegg, Gerald L. x
Arlan, Esther S. x
Barnert, Nyles Nathan x
Dailey, William J. Jr. x
Frick, Angela E. x
Frick, Frederick C. x
Fricker, Katherine G. x
Gilman, Martin A. x
Glick, Georgia S. x
Hals, Joyce x
Hodgkins, Susan C. x
McCabe, Daniel L. x
Perry, Richard F. x
Rooney, Joseph 0. x
Shaw, Sandra J. x
Sorensen, Karsten x
Thomas, Ruth S. x
Uhrig, Judith J. x
Wadsworth, George P. x
White, Martin K. x
Whiting, Sidney K. x
TOTALS 17 2 0 2
PRECINCT FIVE
Altman, Barry x
Brown, Otis S. Jr. x
Cravis, Howard x
Cupp, Wallace x
Daggett, Marjorie M. x
Doran, Guy W. x
Doran, Jonathan P. x
Dratch, Elaine x
DuBois, Edward R. x
Fraser, William M. x
Gilbert, Joseph F. Jr. x
Hamburger, Paul E. x
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.)
(Cont.)
PRECINCT FIVE (CONT.) YES NO ABSTAINED ABSENT
Jervis, Edward W. Jr. x
Martin, Leona W. x
McCormack, George F. x
Roberts, Warren x
Shaughnessy, Madeline A. x
Taylor, Lloyd D. x
Weinstock, Jolley Anne x
Weiss, Ephraim x
Williams, David G. x
TOTALS 18 2 0 1
PRECINCT SIX
Bailey, Fred C. x
Baldwin, Earl F. Jr. x
Beck, Susan S. x
Brooke, Margaret N. x
Burnell, Levi G. x
Butters, J. Keith x
Code, Charles J. Jr. x
Downey, John F. Jr. x
Gray, Neil x
Hall, Harry A. III x
Kent, Hugh C. x
Moore, H. Bigelow x
Nablo, Ruth Joyce x
Nablo, Sam V. x
Olson, Setha G. x
Page, William R. x
Sandy, Edith x
Sandy, Frank x
Solomon, Susan S. x
Spencer, William T. x
White, Donald B. x
TOTALS 14 4 0 3
P RECINCT SEVEN
Bond, Robert E. x
Burnell, George A. x
Campbell, John R. x
Friedman, Manfred P. x
Friedman, Winifred L. L. x
Gilson, Lloyd x
Gordon, Clarice B. x
Hagerty, Martin L. x
Kalil, Marthur H. x
LeClair, David V. x
Miller, Myron L. x
Pierce, Alice M. x
Reiner, David x
Scouler, William J. x
Taylor, John E. x
Trudeau, Roger G. x
Ward, Jacquelyn H. x
Ward, John E. x
Wheaton, Graydon M. x
Wheaton, Iris G. x
Wood, Martha C. x
TOTALS 16 3 0 2
PRECINCT EIGHT
Battin, Richard H. x
Bea.mon, G. Richard x
Carlson, John E. x
Connolly, Charles E. x
Fitzgerald, William P. x
(Adjo urned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. ROLL CAL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.)
(Cont.)
PRECINCT EIGHT (CONT.) YES NO ABSTAINED ABSENT
Garing, Ione D. x
Hagerty, Gerald F. x
Mancini, Anthony L. x
McLaughlin, James M. x
Michelson, Richard A. x
Nichols, Laura F. x
Osgood, Gordon R. x
Sarmanian, Jack x -
Scanlon, Temple E. x
Scigliano, Anne R. x
Shunney, Frank L. x
Shunney, Mary E. x
Smith, Francis W. K. x
Stolz, Shirley H. x
Toye, Stanley E. x
Yasaitis, Eleanor H. x
TOTALS 20 0 0 1
PRECINCT NINE
Barnes, Gordon E. Jr. x
Buckley, Jane P. x
Collins, Joan N. L. x
Colwell, Ronald W. x
Conrad, Louis E. x
Cosgrove, James E. x
Currin, Anna P. x
DiPietro, Daniel A. x
Green, Deborah B. x
Hinkle, Alice M. x
Johnson, Stephen K. x
Larssen, Iris E. x
Mazerall, Paul E. x
Perry, Richard M. x
Politi, Stephen Michael x
Porter, Clifford B. x
Power, Daniel E. x
Rosenberg, Fred D. x
Scanlon, James J. x
Shaw, Donald J. x
Weinstein, Roy x
TOTALS 20 1 0 0
TOWN MEETING MEMBERS AT LARGE
Battin, Margery M. x
Busa, Alfred S. x
Cohen, Norman P. x
Cole, Lincoln P. Jr. x
Crain, James F. x
Kent, Robert B. x
McDonough, Mary R. x
Miley, Mary W. x
Zehner, Louis A. x
TOTALS 4 2 1 2
FINAL RESULTS YES NO ABSTAINED ABSENT TOTA
Precinct One 20 1 0 0 21
Precinct Two 20 0 0 1 21
Precinct Three 9 10 0 2 21
Precinct Four 17 2 0 2 21
Precinct Five 18 2 0 1 21
Precinct Six 14 4 0 3 21
Precinct Seven 16 3 0 2 21
Precinct Eight 20 0 0 1 21
(Adjourned Session of the 1979 Annual Town Meeting - May 14, 1979.)
Article 78. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 78 (CONT.)
(Cont.)
FINAL RESULTS (CON YES NO ABSTAINED ABSENT TOTALS
Precinct Nine 20 1 0 0 21
At Large 4 2 1 2 9
TOTALS 158 25 1 14 198
Main motion as presented by William J. Dailey, Jr. under Article 78
declared adopted. 10:15 P.M.
Article 79. Manfred P. Friedman moved that this article be indefinitely postponed.
10:15 P.M.
Mr. Friedman filed the Planning Board Report covering Article 79.
10 :15 P.M.
Motion to indefinitely postpone Article 79 declared carried unanimously.
10:16 P.M.
Louis A. Zehner moved that $275,000. be appropriated under line item 8525 in
Article 4 for Bond and Tax Anticipation and that such amount be raised ill the tax
levy. (See Page 402) 10:16 P.M.
Mr. Zehner's motion under Article 4 - line item 8525 declared carried unanimously.
10:22 P.M.
Margery M. Battin moved that Article 47 be taken from the table which was
carried unanimously. 10:22 P.M.
(See Page 411)
Article 47. Presented by Margery M. Battin.
MOTION: That the sum of $750,000.00 be appropriated to reduce the
tax rate for the fiscal year beginning July 1, 1979, and that such
amount be transferred from the Excess and Deficiency Account; that
the amount of $305,188 and any additional amount be retained and not
used as a continuing appropriation for the purpose of reducing the
property tax levy; that all appropriations voted at this meeting
be confirmed and that the Assessors be authorized to use this
authority in fixing the tax rate for the fiscal year beginning
July 1, 1979.
Carried Unanimously. 10:25 P.M.
Mary W. Miley, Chairman of the Board of Selectmen, moved that this meeting be
dissolved. This motion was carried unanimously and the meeting was dissolved.
10:27 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
Nancy Abelmann, 7 Moon Hill Road, resigned as a Town Meeting Member from
Precinct Two as of August 10, 1979.
i
George S. Silverman, 49 Fern Street, having received the next highest number
of votes as a defeated candidate for Town Meeting Member in Precinct Two at the
March 5, 1979 election, accepted a position as Town Meeting Member from Precinct
Two effective August 15, 1979. Mr. Silverman will fill the vacancy caused by
the resignation of Miss Abelmann for a term expiring in March 1980.
Gerald F. Hagerty, 118 Reed Street, resigned as a Town Meeting Member from
Precinct Eight on February 1, 1980.
This vacancy will be filled at the March 3, 1980 Annual Town Election by the
defeated candidate that receives the highest vote.
William A. Busa, 38 Circle Road, resigned as a Town Meeting Member from
Precinct One on February 15, 1980.
This vacancy will be filled at the March 3, 1980 Annual Town Election by the
defeated candidate that receives the highest vote.
Ephraim Weiss, 462 Lowell Street, resigned as a Town Meeting Member from
Precinct Five on February 21, 1980 effective March 1, 1980.
This vacancy will be filled at the March 3, 1980 Annual Town Election by the
defeated candidate that receives the highest vote.
Barry Altman, 35 Saddle Club Road, resigned as a Town Meeting Member from
Precinct Five on February 22, 1980.
This vacancy will be filled at the March 3, 1980 Annual Town Election by the
next defeated candidate that receives the highest vote.