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HomeMy WebLinkAbout1975-03-03 to 1975-04-16 ATM-min ANNUAL TOWN MEETING - MARCH 17, 1975 The meeting was called to order in Cary Memorial Hall st 8 :02 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 191 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church of Our Redeemer. 8:04 P. M. The Moderator called for a moment of silence for two long time town meeting members who had passed away in the past two weeks - Alan G. Adams and Jack L. Mitchell. 8:05 P. M. stated The Moderator /that the town meeting would be taped for historical purposes and the repository would be the Cary Memorial Library. 8:05 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:07 P. M. The Constable's Return of the Warrant was read by the Town Clerk. 8:07 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Commmittee be accepted and placed on file. 8:08 P. M. Mr. Furash stated, that if the recommendations of his committee were followed, at this time it would appear that the tax rate would be between $74.00 and $76.00. He also stated, that because of the collective bargaining negotiations not completed at this time, that Articles 4 and 5 would not be presented at this or Wednesday's meeting but a motion would be offered that these two articles be tabled. 8:17 P. M. Mr. Furash's motion to accept and file the report of the Appropriation Committee was carried unanimously. 8:17 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8 :19 P. M. Joseph A. Campbell, Chairman of the Noise Pollution Study Committee, moved that the report of the Noise Pollution Study Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:21 P. M. Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8:21 P. M. Article 4. Allan F. Kenney moved that Article 4 be tabled. Carried Unanimously 8:21 P. M. (See Pages 58 -65 inc.) Article 5. Allan F. Kenney moved that Article 5 be tabled. Carried Unanimously 8:21 P. M. (See Pages 64 & 65.) Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:22 P. M. (Ann. Tn. Mtg. - Mar. 17, 1975) Article 7. Presented by Allan F. Kenney. MOTION: That the sum of $664.60 be appropriated to pay the following unpaid bills rendered to the Town for the prior year: E. H. Merrifield Bus Co. $342.60 Symmes Hospital 322.00 and that such sum be raised in the tax levy. Carried Unanimously 8:23 P. M. Article 8. Presented by Edward E. Furash. MOTION: That the sum of $125,000 be appropriated for the Reserve Fund and to raise such amount $125,000.00 be transferred from the Reserve Fund - Overlay Surplus. Carried Unanimously 8:24 P. M. Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously 8:25 P. M. Article 10. Presented by Fred C. Bailey. MOTION: That the sum of $11,957.25 received in 1975 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 8:27 P. M. Article 1.1. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter_ 41 of the General Laws. 8 :32 P. M. Sam Silverman spoke in opposition stating that although this article had been approved for many years that it hadn't been used and felt that it was not necessary. 8:32 P. M. Voice vote on Mr. Kenney's motion doubted so standing vote taken as follows: Prec inct In Favor Tellers opposed 1 6 Stephen W. Doran 9 2 11 Michael J. O'Sullivan 7 3 5 Joseph A. Campbell 13 4 6 Joseph 0. Rooney 7 5 9 Fredric S. Cohen 10 6 4 Paul W. Marshall 15 7 7 Jacquelyn H. Ward 13 8 13 Mary E. Shunney 7 9 8 Jane P. Buckley 7 At large 18 Elizabeth M. Flynn 8 Totals 87 96 Motion, as offered by Mr. Kenney, is not adopted. 8:36 P. M. James M. McLaughlin serves notice of reconsideration of Article 11. 8 :37 P. M. (Annual Tn. Mtg. - March 17, 1975) Z `l'. Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:37 P. M. Article 13. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1976 Annual Town Meeting. Carried Unanimously 8:38 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:39 P. M. Article 15. Presented by Allan F. Kenney. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1975, 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 8:39 P. M. Article 16. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and that such amount be raised in the tax levy. 8:39 P. M. Edward E. Furash moved that this article be indefinitely postponed. 8 :40 P. M. Mr. Furash's motion that this article be indefinitely postponed was declared carried by voice vote. 8:43 P. M. Article 17. Presented by Alfred S. Busa. MOTION: 'That the Selectmen be and they hereby are authorized to (See install drains in such accepted or unaccepted streets or other land as Pg. 29 the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the and construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take Pg. 50) by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:43 P. M. Edward E. Furash moved to delete the sum of $50,000.00 and to sub- stitute therefor the sum of $25,000.00. 8:45 P. M. Joan P. Crothers moved that consideration of this article be post- poned until after Article 38 has been completed. 8:53 P. M. (Ann. Tn. Mtg. - March 17, 1975) Article 17. James M. McLaughlin moved the previous question which was declared (Cont.) carried by voice vote. 8:58 P. M. Motion, as offered by Mrs. Crothers, that consideration of Article 17 to postponed until after Article 38 has been completed, declared carried by voice vote. 8:58 P. M. Article 18. 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 $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. Carried Unanimously 9 P. M. Article 19. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to con— struct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one -half of the cost or otherwise; and to appropriate the sum of $21,000.00 therefor, and that such amount be raised in the tax levy. Carried by voice vote. 9:10 P. M. Article 20. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or un- accepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $340,000.00 therefor and that to raise such amount $123,050.45 be appropriated from the reimbursement funds from Water Pollution Control Project No. 142, $231.55 be transferred from the unexpended balance of the amount appropriated under Article 6 of the warrant for the 1964 Annual Town Meeting, $237.57 be transferred from the unexpended balance of the amount appropriated under Article 32 of the 1970 Annual Town Meeting, $4,000.00 be transferred from the Sale of Real Estate Lots Account, $1,662.43 be transferred from the Stabilization Fund and $210,818.00 be raised in the tax levy. 9:12 P. M. Frank Sandy moved to amend the motion by adding at the end: "No funds under this article shall be expended for sewer construction in Wood Street unless they are fully reimbursed by the developer of Woodpark Estates ". 9:17 P. M. Mr. Sandy's motion to amend declared lost by voice vote. 9:25 P. M. Motion, as presented by Mr. Busa, declared carried by voice vote. 9:25 P. M. (Ann. Tn. Mtg. - March 17, 1975) Article 21. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Concord Avenue area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to 3 appropriate for such installation and land acquisition the sum of $70,000.00 therefor and that such amount be raised in the tax levy. Carried by voice vote. 9:35 P. M. Article 22. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Moon Hill Road area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $67,000.00 therefor and that such amount be raised in the tax levy. Carried Unanimously. 9:37 P. M. Article 23. Allan F. Kenney moved that Article 23 be tabled. Carried Unanimously. 9 :38 P. M. (See Page 50.) Article 24. Presented by Fred C. Bailey. MOTION: That the sum of $136,000.00 be appropriated for the pur- chase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to raise such amount $124,000.00 be transferred from available and anticipated P.L_ 92 -512 funds (Federal Revenue Sharing Funds) and $12,000.00 be raised in the tax levy, provided that such $12,000.00 shall be allocated to the street striping machine. Carried by voice vote. 9:49 P. M. Article 25. Presented by Fred C. Bailey. MOTION: That the sum of $5,000.00 be appropriated, in addition to the sum appropriated under Article 43 of the warrant for the 1974 annual town meeting, for the purchase of an ambulance- rescue vehicle for the Fire Department, and that such amount be raised in the tax levy. Carried by voice vote. 9:50 P. M. Article 26. Presented by Allan F. Kenney. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. Carried by voice vote. 9:58 P. M. i Article 27. Presented by Allan F. Kenney. MOTION. That the sum of $6,000. be appropriated for highway mainten- ance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the tax levy. Carried by voice vote. 10 P. M. 4 (Ann Tn. Mt g. - Ma rch 1.7, 1975) Article 28. Margery M. Battin moved that this article be indefinitely postponed. Carried Unanimously. 10 :01 P. M. Article 29. Presented by Margery M. Battin. MOTION: That the sum of $24,000.00 be appropriated for the develop- ment of Westview Cemetery and that to raise such amount $24,000.00 be transferred from Westview Cemetery Sale of Lots Fund. 10:01 P. M. Ephraim Weiss serves notice of reconsideration of Article 28. 10 :03 P. M. Article 29. Motion, as presented by Mrs. Battin under Article 29, declared (Cont.) carried by voice vote. 10:04 P. M. Article 30. Presented by Fred C. Bailey. MOTION: That the sum of $20,000.00 be appropriated for air conditioning the East Lexington Branch Library, and that such amount be transferred from the Reserve Fund - Overlay Surplus. 10 :05 P. M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 10:14 P. M. Voice vote on Mr. Bailey's motion was doubted so a standing vote was taken as follows: Precinct In Favor Te llers Opposed 1 9 Stephen W. Doran 1 2 10 Michael. J. O'Sullivan 8 3 9 Joseph A. Campbell 10 4 13 Joseph 0. Rooney 1 5 15 Fredric S. Cohen 5 6 6 Paul W. Marshall 13 7 12 Jacquelyn H. Ward 7 8 8 Mary E. Shunney 9 9 3 Sane P. Buckley 12 At large 20 Elizabeth M. Flynn 5 Totals 105 71 Motion, as presented by Mr. Bailey, is adopted. 10 :18 P. M. Article 31. Presented by Allan F. Kenney. MOTION: That the sum of $15,000.00 be appropriated for a sanitary landfill transfer station, and that such amount be transferred from available and anticipated P.L. 92 -512 funds (Federal Revcnue Sharing Funds). 10:18 P. M. Edward E. Furash moved that this article be indefinitely postponed. 10:22 P. M. After general discussion, the motion to indefinitely postpone this article was declared carried by voice vote. 10:33 P. M. (Ann Tn. Mtg. - March 17, 1975) Article 32. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended by the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than would be required to serve the subdivision alone, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and that such amount be raised in the tax levy. Carried by voice vote. 10:36 P. M. Allan F. Kenney moved that this meeting be adjourned to Wednesday, March 19, 1975 at B P. M. in the Cary Memorial Hall. Carried by voice vote. 10:36 P. M. A true copy. Attest: y. Mary R. McDonough, Town Clerk I ADJO URNED TOWN MEETING - MARCH 19, 1975 The meeting was called to order in Cary Memorial Hall at 8:04 P. M. by Lincoln P. Cole, Jr., Moderator. There were 188 Town Meeting Members present. The invocation was offered by Monsignor Martin U. McCabe, Pastor of the Sacred Heart Church.. 8:08 P. M. Article 2. Stephen Michael Politi moved that the report of the Lexington Bicentennial Committee be accepted and placed on file. 8:08 P. M. After Mr. Politi gave an explanation of his report his motion that the Bicentennial Report be accepted and placed on file was carried unanimously. 8:14 P. M. Levi G. Burnell moved that the report of the Cary Lectures Committee be accepted and placed on file. Carried Unanimously. 8:15 P. M. William T. Spencer inquired as to when the Town Manager's Report would be presented. 8:15 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that due to other priorities, collective bargaining sessions and preparation for the town meeting etc., the Town Manager's report had been delayed but would probably be ready for next Monday's meeting. 8:15 P. M. Edward. E. Furash moved that the Supplemental Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously. 8:21 P. M. Article 33. Presented by Howard M. Kassler. MOTION: That the sum of $23,000.00 be appropriated for engineering services for a study of the sanitary Landfill area of the town and areas adjacent thereto leading to a land management program, and that such amount be transferred from the Reserve Fund- Overlay Surplus. 8:22 P. M. Edward E. Furash stated that the Appropriation Committee supports this article. 8:44 P. M. After general discussion, John Deutch moved. the previous question which was declared carried by voice vote. 8:50 P. M. Motion, as offered by Mr. Kassler, declared carried by voice vote. 8:50 P. M. Article 34. Howard M. Kassler moved that this article be tabled. Carried Unanimously. 8:51 P. M. (See Page 67.) (Adjourned Tn. Mtg. - March 19, 1975) Article 35. Presented by Allan F. Kenney. MOTION: That the sum of $38,000.00 be appropriated for lighting the baseball field at the Center playground, and that such amount be transferred from the Reserve Fund - Overlay Surplus. 8:53 P. M. Iris G. Wheaton served notice of reconsideration of Article 33. 8:53 P. M. Article 35. Daniel P. Busa, Chairman of the Recreation Committee, and James (Cont.) Dhimos, member of the Recreation Committee, spoke for their committee in regards to the need of this particular appropriation, which is their number one priority, and answered the many questions from the various town meeting members. 9:18 P. M. Martin V. Sussman presented the following substitute motion: MOTION: That the sum of $19,000.00 be appropriated for lighting the baseball field at the Center playground, and that such amount be transferred from the Reserve Fund- Overlay Surplus, provided that said sum shall be used only if an equal sum be raised by private subscription. 9:20 P. M. Norman P. Cohen, Town Counsel, acted as Temporary Moderator while Moderator, Lincoln P. Cole, Jr. spoke in f_avo.r. of Mr. Kenney's motion. 9:26 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that the Selectmen unanimously opposed Mr. Sussman's amendment and favored the recreation articles with the exception of Article 36 which would authorize the construction of four tennis courts at William Diamond Junior High School, 9:28 P. M. Albert P. Zabin moved the previous question which was declared carried by voice vote. 9:32 P. M. Motion to amend, as presented by Mr. Sussman, declared lost by voice vote. 9:32 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 9:32 P. M. Article 36. Presented by Allan F. Kenney. MOTION: That the sum of $55,000.00 be appropriated to construct and equip a bathhouse and install a fence at the Old Res area, and that such amount be transferred from available and anticipated P.L. 92 -512 funds (Federal Revenue Sharing Funds). 9:33 P. M. Daniel L. McCabe served notice of reconsideration of Article 35. 9:55 P. M. Article 36. Daniel P. Busa, Chairman of the Recreation Committee, read a letter (Cont.) addressed to his committee from the Board of Health in reference to the health hazard at the Old Res and Dr. Charles E. Ellicott, a member of the Board of Health, explained the position of his board. - Walter C. O'Connell, Town Manager stated that the Town of Lexington was not complying with State Code at the Old Res. 9:58 P. M. Daniel I. Small moved to strike the sum of $55,000.00 and substitute therefor the sum of $9,600.00. 9:58 P. M. Mr. Small explained his position - he is not in favor of the bath- house but is in favor of installing a fence. 10:01 P. M. (Adj. Tn. Mtg. - March 19, 1975) Article 36. Benedict W. Bertini, Director of Recreation, spoke of the need of (Cont.) the bathhouse and of the increasing costs. 10:05 P. M. Erik Lund moved to refer the subject of Article 36 for further study to a committee of five to be appointed by the Moderator, to report to the next annual or special town meeting. 10:08 P. M. James M. McLaughlin moved the previous question. 10:15 P. M. William J. Scouler moved to lay Article 36 on the table which was declared lost by voice vote. 10:17 P. M. Previous question, as moved by Mr. McLaughlin, declared carried by voice vote. 10:17 P. M. Motion to recommit, as presented by Mr. Lund, declared lost by voice vote. 10:17 P. M. Motion to amend, as presented by Mr. Small, declared lost by voice vote. 10 :17 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Stephen W. Doran 2 2 9 Michael J. O'Sullivan 7 3 3 Joseph A. Campbell 13 4 7 Joseph O. Rooney 7 5 16 Frederic S. Cohen 4 6 11 Paul W. Marshall 7 7 6 Jacquelyn H. Ward 13 8 17 Mary E. Shunney 4 9 5 Jane P. Buckley 10 At large 20 Elizabeth M. Flynn 4 Totals 106 71 Main motion, as presented by Mr. Kenney, adopted. 10:24 P. M. Albert P. Zabin served notice of reconsideration of Article 36. 10 :24 P. M. Article 37. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10:24 P. M. Article 38. Presented by Allan F. Kenney. MOTION: That the sum of $5,000.00 be appropriated for the development of paths for walking, bicycling and cross - country skiing in such locations as the Recreation Committee may determine with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 10:25 P. M. After general discussion the motion was declared carried by voice vote. 10:40 P. M. Frank Sandy serves notice of reconsideration of Article 37. 10:40 P. M. (Adj. Tn. Mtg. - March 19, 1975) Article 17. Joan P. Crothers reads a prepared amendment to Article 17 and then withdraws the amendment. (See 10:42 P. M. Pg.21 Edward E. Furash moved that Article 17 be recommitted to the Board of and Selectmen. 10:43 P. M. Pg. 50) Joan P. Crothers moved that Article 17 be tabled which was declared carried unanimously. 10 :46 P. M. Article 39. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they are hereby authorized to convey an access easement 25 feet wide and 50 feet long consisting of 1,250 square feet more or less, over Town owned land shown as Lot 99 on Assessors' Property Map 69 at Adams and North Streets to Mr. and Mrs. Alden Webster on such terms as the Selectmen shall deem advisable, provided that the grantee will bear all expenses of the conveyance. Carried Unanimously 10:55 P. M. Allan F. Kenney stated that although the Board of Selectmen had recommended having town meeting sessions on Monday and Wednesday, that next week, because Wednesday will be Passover Eve, they would recommend meeting Monday and Tuesday. 10:56 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, March 24, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 10:57 P. M. A true copy. Attest: Mary R. McDonough, Town Clerk .....,,.. , .., . , ... ...m ... , ADJOUR TOWN MEETING - MARCH 24, 1975 The meeting was called to order in Cary Memorial Hall at 8 P. M. by Moderator, Lincoln P. Cole, Jr. There were 192 Town Meeting Members present. The invocation was offered by Monsignor John P. Keilty, Pastor of St. Brigid "s Church. 8:02 P. M. Article 40. Presented by Francis W. K. Smith. MOTION: That $2,000,000 be appropriated for acquiring land for open space and conservation purposes, including outdoor recreation, under G.L. c.40, s.8C as amended; and that the Treasurer with the approval of the Selectmen is authorized to borrow $2,000,000 under G.L. c.44, s.7(3) as amended; and that the Conservation Commission, pursuant to a vote or votes to be hereafter adopted at an annual or any special town meeting designating the parcels of land to be acquired by eminent domain or otherwise, is authorized to take all action necessary to carry out the purposes of this vote. 8:03 P. M. Renee T. Cochin, an employee of Palmer & Dodge which serves as bond counsel to the Town of Lexington, abstained from voting on this article. Motion, as presented by Mr. Smith, declared carried unanimously. 8:09 P. M. Article 41. Presented by Angela E. Frick. MOTION: That this article be tabled. Carried by voice vote. 8:10 P. M. (See Page 51.) Article 42. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis - sion, 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 14 on Assessors' Property Map 87, now or formerly of May; that the sum of $6,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 8 :11 P. M. Permission was granted to Sue Solomon, a member of the Conserva- tion Commission, to explain this article. * (see below) After general discussion,/ Richa.rd W. Souza moved to amend the motion by striking the figure $6,000.00 and substituting therefor the figure $10,000.00. 8:32 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose the amendment and are in favor of the main motion. 8: 39 P. M. Richard A. Michelson asked if the land was for sale or is it to be taken. Sue Solomon answered that the owners would be willing to sell for $13,000.00. 8 :39 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:41 P. M. Amendment to the main motion, as offered by Mr. Souza, declared lost by voice vote. 8:41 P. M. * (which included recommendations by Mr. Furash, Chairman of the Appropriation Comm., with respect to the parcels of land to be considered for acquisition by the Conservation Commission, recommending that the members vote their conscience on each article,) (Adj. Tn. Mtg. - March 24, 1975) Article 42. Voice vote on the main motion not unanimous, so a standing vote (Cont.) taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 6 2 12 Michael J. O'Sullivan 5 3 13 Joseph A. Campbell 4 4 8 John Deutch 4 5 12 Fredric S. Cohen 6 6 17 Pau]_ W. Marshall 0 7 15 Jacquelyn H. Ward 2 8 6 Mary E. Shunney 14 9 13 Jane P. Buckley 5 At large 23 Elizabeth M. Flynn 7 Totals 128 53 More than the required two - thirds having voted in favor, the motion, as presented by Mrs. Frick, is adopted. 8:44 P. M. Article 43. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 31 on Assessors' Property Map 8, now or formerly of Mimno and described in Document No. 206309, filed with Certificate of Title No. 59482 in Middlesex South Land Registry, Book 397, Page 493; that the sum of $20,000.00 be appropriated for such land acquisition, and that such amount be transferred from _ the appropriation voted under Article 40 of this warrant. Carried Unanimously. 8:.52 P. M. Article 44. Angela E. Frick moved that this article be tabled. Carried by voice vote. 8:53 P. M. (See Pages 51. & 52.) Article 45. Presented by Francis W. K. Smith. MOTION- That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 175A on Assessors' Property Map 32, being a portion of the land conveyed to Lexington Associates, Inc. by Bernard J. Belcastro et al by deed dated January 24, 1955, recorded with Middlesex South Registry of Deeds, Book 4081, Page 98, that the sum of $70,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this warrant. Carried Unanimously. 8:57 P. M. Article 46. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or (Adj.. Tn. Mtg. - Marc 24, 1975) Article 46. conservation restriction as defined in Section 31 of Chapter_ .184 (Cont.) of the General Laws or other interest in all or any part of a parcel of land on Webb Street now or formerly of Helen I. Pinard, being shown on a plan entitled "Plan of Land Webb Street Lexington, Mass." dated June 3, 1968, made by William J. Skane, Registered Land Surveyor, filed as Land Court Plan No. 35798A in the Land Reg- istration Office; that the sum of $60,000.00 be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this warrant. 8:58 P. M. Permission was granted to Gary Larson, a member of the Conservation Commission, to present this article. After general discussion, motion, as presented by Mrs. Frick, declared carried unanimously. 9:10 P. M. Article 47. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation (See as provided by Section 8C of Chapter 40 of the General Laws, any Page fee, easement or conservation restriction as defined in Section 31 55.) of Chapter 1.84 of the General Laws or other interest in all or any part of land shown as a parcel of land consisting of lots 25 through 29 inclusive and lot 36 of Block 19, lots l through 35 inclusive of Block 20, :Lots 1 through 16 inclusive and lots 19 through 33 in- elusive of Block 21, lots 1 through 15 and lots 18 through 31 in- clusive of Block 22, lots 1 through 14 and lots 17 through 30 in- clusive of Block 23, lots 1 throuqh 22 inclusive of Block 24, lots 1 through 22 inclusive of Block 25, lots 1 through 22 inclusive of Block 26, lots 1 through 22 inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12 through 17 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52 of Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35, lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through 26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56, and lots 1'through 25 inclusive of Block 57, all as shown on "Plan of Lots at Lexington Heights, owned by M. C. Meagher ", surveyed by E. A. W. Hammatt, C.E., dated July 1892, recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24; that the sum of $5,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:13 P. M. Eric T. Clarke, Chairman of the Planning Board, spoke in opposition to this motion. 9:25 P. M. Aalan F. Kenney stated that the Board of Selectmen are unanimously opposed to this article as it is not needed this year. This area is needed for a connector if it is ever built. 9:25 P. M. In answer to a question raised by William T. Spencer, Norman P. Cohen, Town Counsel, stated that, in his opinion, that the state could take this land even if it had been taken for conservation purposes. 9:28 P. M. Robert A. Bowyer moved that this article be referred,'to the Con- servation Commission, Planning Board and the Board of Selectmen and report to the next Annual Town Meeting. 9:29 P. M. Edward E. Furash, Chairman of the Appropriation Committee, spoke in favor of Mr. Bowyer's amendment. 9 :41 P. M. (Adj. T Mtg - March 24 1975) Article 47. Motion to amend, as presented by Mr. Bowyer, declared carried by (Cont.) voice vote, which was doubted, so 'a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Stephen W. Doran 4 2 15 Michael J. O'Sullivan 3 3 10 Joseph A. Campbell 7 4 8 John Deutch 5 5 14 Fredric S. Cohen 3 6 3 Paul W. Marshall 14 7 11 Jacquelyn II. Ward 8 8 9 Mary E. Shunney 10 9 12 Jane P. Buckley 7 At large 17 Elizabeth M. Flynn 10 Totals 110 71 Motion to refer to the Conservation Commission, Planning Board and Board of Selectmen, as offered by'',Mr. Bowyer, adopted. 9:43 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 47. 9:43 P. M. Article 48. Presented by Angela E. Frick. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:43 P. M. Article 49. Presented by Alfred S. Busa. MOTION: 'To establish as a town way and accept the layout of as a town way Belfry Terrace from Forest Street a distance of 350 feet, more or less, northeasterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Belfry Terrace as is necessary, and that such amount be raised in the !tax levy. 9:44 P. M. Eric T. Clarke read the report of the Planning Board recommending acceptance of Belfry Terrace, with modifications. (Report filed under Article 51.) 9:48 P. M. Main motion carried by voice vote. 9 :49 P. M. Article 50. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:52 P. M. Article 51. Presented by Alfred S. Busa. i 140TION: To establish as a town way and accept the layout of as a town way Columbus Street from the accepted portion a distance of 150 feet, more or less, southwesterly to its end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:53 P. M. (Adj.. Tn Mtg. - March 24, 1975) Article 51. Eric T. Clarke presented L Planning Board Report covering Articles (Cont.) 49 through 61. 9;53 P. M. Main motion, as presented by Mr. Busa, carried unanimously. 9:54 P. M. Article 52. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Kendall Road from Sherburne Road a distance of 2230 feet, more or less, southerly to the Vine Brook, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:55 P. M. (Report of the Planning Board filed under Article 51.) Main motion, as presented by Mr. Busa, carried unanimously. 9:55 P. M. Article 53. Presented by Alfred S. Busa_ MOTION: To establish as a town way and accept the layout of as a town way Sherburne Road a distance of 1125 feet, more or less, from Kendall Road to 110 feet beyond Dane Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 1.4, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:55 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 9:55 P. M. Article 54. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road a distance of 11.00 ft., more or less, starting 400 feet from John Poulter Road to 150 feet beyond Sherburne Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:56 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 9:56 P. M. Article 55. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a. town way Springdale Road a distance of 900 feet, more or less, from Bates Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:57 P. M. (Planning Board Report filed under Article 51.) Ephraim Weiss moved that this article be referred to the Planning Board of further consideration. Mr. Wei.ss's motion lost by voice vote. 10:03 P. M. Motion, as presented by Mr. Busa, carried by voice vote. 10:03 P. M. (Adj. Tn. Mtg. - March 24, 1975) Article 56. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Emerson Road a distance of 1520 feet, more or less, from Maple Street to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:04 P. M. (Report of the Planning Board filed under Article 51.) Motion as presented by Mr. Busa carried unanimously. 10:04 P. M. Article 57. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Bryant Road a distance of 330 feet, more or less, from Page Road to Emerson Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10 :05 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 10:05 P. M. Article 58. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Bushnell Drive a distance of 470 feet, more or less, from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:05 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 10:06 P. M. Article 59. Presented by Alfred S. Busa. MO'T'ION: To establish as a town way and accept the layout of as a town way Village Circle a distance of 1350 feet, more or less, from Bryant Road to the end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:07 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr.Busa, carried by voice vote. 10 :07 P. M. (Adj. T n. Mtg. - March 24, 1975) Article 60. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Militia Drive a distance of 460 feet, more or less, from Worthen Road to the end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 14, 1975, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:08 P. M. (Planning Board Report filed under Article 51.) As owners of property abutting Militia Drive, Otis S. Brown, Jr. and G. Richard Beamon signed a statement that they would abstain from voting on this article. Eric Lund moved that this article be indefinitely postponed. 10:1.0 P. M. Allen Lee Whitman, Jr. moved to postpone any further consideration on this article until after Article 5. 10:17 P. M. Mr. Whitman's motion was declared lost by voice vote. 10 :24 P. M. Mr. Lund's motion for indefinite postponement declared lost by voice vote. 10:24 P. M. Main motion, as presented by Mr. Busa., declared carried by voice vote. 10:24 P. M. Article 61. Presented by Alfred S. Busa. MOTION: That the sum of $1000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy, 1.0:24 P. M. (Report of the Planning Board filed under Article 51.) Motion, as presented by Mr. Busa, carried unanimously. 10:24 P. M. Article 62, Presented by Fred C. Bailey. MOTION: That the Selectmen be and they are hereby authorized to convey a strip of Town owned land approximately 300 feet long on the southerly side of Wood Street, and approximately 300 feet westerly from Fairview Avenue, consisting of approximately 12,800 square feet, shown on Assessors' Property Map 59, to the Lexington Housing Authority on such terms as the Selectmen shall deem advisable, provided that. grantee will bear all expenses of the conveyance. Carried Unanimously 10:26 P. M. Article 63. Allan F. Kenney moved that this article be tabled. Carried Unanimously. 10:27 P. M. (See Page 52.) Article 64. Eric T. Clarke moved that this article be tabled. Carried Unanimously. 10 :28 P. M. (See Pages 52 & 53.) Article 65. Eric T. Clarke moved that this article be tabled. Carried Unanimously. 10:28 P. M. (See Pages 54 & 55.) (See Page 67.) (Adj. Tn. Mtg. - March 24, 1975) Article 66. Presented by Eric T. Clarke. MOTION: That the Zoning By -Law of the Town be amended as set forth (Approved in this article. by the 10:30 P. M. Atty. Gen., June 9, Mr. Clarke presented the Report of the Planning Board which un- 1975, animously recommends the adoption of Article 66.and filed same. Advertised 10:33 P. M. in the Lexington (Article as set forth in warrant: Minute Man - To see if the Town will vote to amend the Zoning By -law by: July 10, 17 & 24, 1. Replacing the words "Except for" by the word "For" in footnote 1975) (e) of Section 27 - Schedule of Dimensional Controls. 2. Placing footnote (j) indication after the row caption "Minimum Front Yard (b)" and deleting it from that row under column CH in Section 27 - Schedule of Dimensional Controls. 3. Substituting the words "Minimum Side and Rear Yard Adjacent to Residential District" for the words "Minimum Side and Rear Yard Adjacent to RO, RS, RT, RM, RD Districts" in the row captions of Section 27 Schedule of Dimensional Controls. 4. Substituting the words "Residential District Boundary" for the words "RO, RS, RT, RM or RD District Boundary" in subsection 32.2 - Schedule of Dimensional Restrictions for Parking and Loading. 5. Adding to Section 40 - Definitions after the definition of "RECORDED" the definition "RESIDENTIAL DISTRICT: Any district in Lexington whose designation begins with R and any district in an abutting Town intended for residential use ". 6. Substituting in the first sentence of Section 24 the words permitted by Section 30" for the words "exempted by Section 31 ". or act in any other manner in relation thereto.) Motion, as presented by Mr. Clarke, carried unanimously. 10:34 P. M. Article 67. Presented by Eric T. Clarke. MOTION: That the Zoning By -Law of the Town be amended by inserting (Approved a new subsection 24.6 as follows: by the Atty. Gen., "No private way or driveway which serves a non - residential use in a June 9, non - residential district shall be built through a residential 1975. district." 10:35 P. M. Advertised in the Mr. Clarke presented the Report of the Planning Board which Lexington unanimously recommends passage of this article. and filed same. Minute 10:36 P. M. Man - July 10, Voice vote on Mr. Clarke's motion is not unanimous, so a standing 17 & 24, vote taken as follows: 1975) Precinct In Favor Tellers Opposed 1 15 Stephen W. Doran 0 2 17 Michael J. O'Sullivan 0 3 14 Joseph A. Campbell 0 4 11 John Deutch 2 5 19 Fredric S. Cohen 0 6 17 Paul W. Marshall 0 7 20 Jacquelyn H. Ward 0 8 19 Mary E. Shunney 0 9 16 Jane P. Buckley 0 At large 25 Elizabeth M. Flynn 1 Totals 173 3 More than the required two - thirds having voted in favor, the motion is adopted. 10:40 P. M. (Adj. Tn. Mtg. - March 24, 1975) Article 68. Presented by Eric T. Clarke. (Approved MOTION: That Section 11.2 of the Zoning By -Law be amended by by the adding the following thereto: Atty, Gen., June 9, "Before a foundation is constructed, a certified plot plan shall 1975. be submitted to the Building Commissioner with such information as Advertised he may deem necessary for the enforcement of the Building By -Law, in the Zoning By -Law, and other_ applicable laws, by -laws, rules and Lexington regulations of the Town." Minute 10:40 P. M. Man - July 10, Mr. Clarke presented the Report of the Planning Board which 17 & 24, unanimously recommends the adoption of this article.and filed same. 1975) 10:41 P. M. Angela E. Frick asked if this would apply to building lots as well as sub - divisions and Mr. Clarke answered that it would. 10:43 P. M. In answer to a question raised by Weiant Wathen -Dunn and Edward E. Furash, Norman P. Cohen, Town Counsel stated that this article would still be legal even if Article 71 did not pass. 10:46 P. M. Motion, as presented by Mr. Clarke, carried unanimously. 10 :47 P. M. Article 69. Presented by Eric T. Clarke. MOTION: That Section 25.80 of the Zoning By -Law be amended by: A. Deleting the words "not more than three ", B. Adding the word "only" after the words "commercial vehicle ", so that the complete clause will read as follows: "garage space for parking automobiles, one of which may be a commercial vehicle only if owned or used by a person resident in the dwelling to which the garage is accessory;" 10:47 P. M. Eric T. Clarke presented the Report of the Planning Board which unanimously recommends adoption of Article 69,ard filed same. 10:41 P. M. Voice vote on Mr. Clarke's motion not unanimous, so a standing vote taken as follows: Precinct In Fav Tellers Opposed 1 9 Stephen W. Doran 2 2 11 Michael J. O'Sullivan 6 3 8 Joseph A. Campbell 11 4 5 John Deutch 6 5 4 Fredric S. Cohen 14 6 7 Paul W. Marshall 9 7 6 Jacquelyn H. Ward 13 8 3 Mary E. Shunney 15 9 8 Jane P. Buckley 8 At large 20 Elizabeth M. Flynn 5 Totals 81 89 Motion, as presented by Mr. Clarke, is not adopted. 10:57 P. M. (Adj Tn. Mtg. - March 25, 1 975) Article 2. Instructing Our Representative, to open Our Minds freely to You Upon (Cont.) Matters which Appear to Us interesting to ourselves, to the Province and Posterity, and to Strengthen & confirm You in measures which (we trust_) you own Judgment would have Suggested as necessary and im- portant to our Common safety & Prosperity, though we had been Silent - - - ". Then the instructions follow at great length. In late 1774 the Town Meeting passed a number of votes relating to arming the community. One resolve contains the pledge "We shall be ready to Sacrifice our Estates, and everything dear in life, Yea, & Life itself, in support of the common cause." The Town Meeting constantly bespoke itself of events in Boston; it voted in 1774 to adhere to resolves of the Continental Congress. In short, Mr. Moderator, this meeting of farmers, in a Town Meeting of acommu- nty of about 700 people, concerned itself_ with events far beyond its own locale. In the words of Holmes, it "shared the passion and action of (its) time." Do I suggest this meeting now do likewise? Yes, I do, lest, again in Holmes' words, "(it) be judged not to have lived." When first approaching this subject, I was troubled by the license, poetic or otherwise, that seemed necessary to equate this meeting with that of 200 years ago. After all that was an open meeting, this a representative one. I am troubled no longer. This meeting goes back to the years of Cambridge North Precinct, to Cambridge Farms, beyond the incorporation of Lexington in 1713. It has always been a represent- ative meeting. Until 1776, the records refer to the voters as free- holders, thereafter as freemen. This all male meeting did some interesting things, some funny in a way, others not so funny. In 1781 William Diamond, having moved away, had to sue the town to recover his pay for serving as drummer, a post created by the Town Meeting in 1774. In 1793 the Town Meeting voted to buy seats for Negroes in the Meeting House. Not until 1881 did the Town Vote, by the stirring margin of 16 to 2, to petition the legislature for an act permitting women to vote in town affairs and to hold office. Not until 39 years later, when the Constitution of the United States was amended in 1920, did women participate in Town Meeting. A bare ten years later_ the representative type of meeting came to Lexington, then numbering nearly 9500 people, with just over 4000 registered voters. The 1928 petition to the legislature for authority for this structure of government passed the Town Meeting by a vote of 120 -106, a total barely exceeding the size of the representative town meeting which it sought. Final approval by the Town came the next year on a vote of 497 - 234, approximately 18% of the voters participating. At the first election under the new plan 289 people sought 202 seats; on this occasion over 3,000 people voted, 750 of those registered. So in a very real sense this has been a representative meeting for many, many years. Its members are here because they want to be here, and having been elected, they acquire responsibilities as broad as the interests of the Town itself. To be sure the State Constitution and the general laws bound its authority; 'twas ever thus, even in the days of the General Court of the Province of Massachusetts Bay. The problems are different now. The values of Lexington and Concord found their way into our constitutions; ours is a job of conservation and development, not of revolution. Other values were articulated following that unsuccessful rebellion of 1860 to 1865. We glory in the victory of the 18th century revolutionaries and we are grateful for the preservation of the nation through the defeat of those of the 19th century. The values of these events we find in our constitutions, in the Bill of Rights, in equal protection of the laws, but their nurture is for us. I recently heard it said in this place that constitutional considerations are not for Town Meeting, they are for the lawyers and the courts. They are much too precious for that. For too long as a people we have left these values to the courts, despite warnings from thoughtful jurists that we are asking courts to carry burdens which in the nature of things they cannot and ought not to carry. Judge Learned Hand expressed such a view, followed by this famous passage: "You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think anyone can say what will be left of those . _,,..... k (Adj. Tn. Mtg. - March 25, 1975) Article 2. principles; I do not know whether they will serve only as counsels; (Cont.) but this much I think I do know -- that a society so riven that the spirit of moderation is gone, no court can save, that a society where that spirit flourishes, no court need save; that in a society which evades its responsibilities by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish." Some years ago when I was Moderator I used to go on the Town Meeting member tours, partly to find out what was going on, and partly to try to put together the names and faces of the new members. A curious thing happened over and over again. I was constantly asked the same question, "How many nights do you think, Bob, how many nights this year ?" Yes, brevity has virtue, of that I am now painfully aware, and it would be great if we could confine dis- cussion to the really important, and rarely consider an article more than once. But given effort to identify the important and to stay with it, the quality of this meeting surely cannot be measured in terms of a small numbered response to the question, how many nights? Neither, I would suggest with great respect to the hard- working citizens to my right, those legitimate guardians against waste, neither is the size of the tax rate the one true barometer of success of the meeting. Holmes has said that taxes are what we pay for civilized. society. When I divide the tax by the number of days in the year, I am amazed at how much, tangible and intangible, we receive. And I deeply believe that the quality of a community is to be measured more by how much we can do together than by how little we can get by with. I have suggested that this meeting not try to avoid the terrible problems facing Boston, the country, the world. These are our problems, as they were recognized to be 200 years ago. Our relation- ship to these problems should be discussed in this place. These problems are controversial; to use an overworked but very appropriate word, they are divisive. My own feeling is that we have suffered as a people from a malaise of the political spirit since the dreadful events of 1963 and 1968. The agony of Vietnam has touched this community in many ways, and we are all adept at interpreting Lex- ington's history to bring it into harmony with our own pictures of the present. We need a rededication to Judge Hand's spirit of moderation, not to the moderation of the uninvolved, but to a spirit of civility with each other, that civility which necessitates the procedures by which this meeting is governed. In an atmosphere of civility we can come together and work out informed positions on tough problems. If for want of such civility we shrink from those problems we are in trouble. Earl Warren put it this way: "Our nation stands at a crossroads. As we face the future, we must make a choice on which way we shall travel. One leads to that plural society to which we rededicate ourselv:s -when- ever we repeat the Pledge of Allegiance. That road leads to unity of purpose and action which will make life meaningful for all. The other_ road would divide us into segments of discontented people with a divisiveness that leaves no room for the happiness and contentment of the children of any of us in the forseeable future." I believe in symbols. On the walls of the High School Auditorium are two inscriptions: on one wall "What a Glorious Morning for America "; on the other, "Every Man is the Architect of His Own Future" (and man can and must be read to include woman). Those inscriptions belong here as well, for between the heritage on the one hand and the future on the other, this meeting is the workshop; what happens here is the blueprint for tomorrow; however well it is done, it becomes the heritage we leave for the generations unborn. What happens here today takes on far more meaning because of what happened then. The country pays attention to what we do, because of what they did, it is at once our unique opportunity and our very special burden. Mr. Moderator, I believe that the relationship of this Town Meeting to the events of 200 years ago can be expressed in a question drawn . from those words of Jones Clarke brought so vividly to our own con- sciousness through the work of Doris Pullen: "They Nobly Dar'd ". How nobly dare do we ?" 8:13 P. M. (A:dj Tn. Mtg. - March 24, 1 975) Allan P. Kenney moved that the meeting be adjourned to Tuesday, March 25, 1975 at 7:45 P. M. in Cary Memorial Hall. 10:58 P. M. Arthur C. Smith asked for the approximate date that Articles 4 and 5 would be taken up. 10:59 P. M. Allan E. Kenney stated that Articles 4 and 5 would be brought up about April 7. 11 P. M. Motion to adjourn to Tuesday, March 25, 1975 at 7:45 P. M. in Cary Memorial Hall was declared carried by voice vote. 11:02 P. M. A true copy: Attest: Mary R. McDonough, Town Clerk .. ... _ _. .... m_�. .. 1_r ADJOU TOWN MEET - MARCH 2 5, 1.975 The meeting was called to order at 7:45 P. M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There 181 Town Meeting Members present. The invocation was offered by Rev. Herbert R. Adams, Pastor of the Follen Church. 7:48 P. M. The Moderator stated that the meeting was in recess subject to the call of the chair. 7:50 P. M. The Moderator called the meeting to order at 7:52 P. M. Article 2. At the request of the Town Meeting Members Association, the Moderator stated that the Bicentennial Committee, under Article 2 as part of its report, sponsored Professor Robert B. Kent to present a dissertation on the heritage of town meeting. Professor Kent, who is a former Town Moderator, made the following presentation: "When members of the Town Meeting Members Association first spoke with me concerning this talk, I was quite in awe of the prospect of such an invitation. I remain so. Beyond that I feel deeply honored, I shall try to follow the admonition of a colleague contained in his instructions to law students charged with writing a paper, to at least try to say something worthwhile and to try to say it well. I am grateful to those who have helped me. Many of us find a need 'to identify in some way with the events which Lexington celebrates annually. The special celebration this year evokes, I think, a special need for that identification. I interpret the desire of members of the Town Meeting to hear some reflections on this subject as an expression of that need. One of my favorite flights of fancy is to speculate on the positions I might have taken had I been alive at earlier times which we have come to look upon as great moments in history. Never having had any affinity for organizations which advocate overthrow of established government by force and violence, I have never been at all certain that in 1775 I would have been a Patriot and not a Tory. Not only may one express doubt about whether, deprived of the ad- vantage of hindsight, he would be on the side we now declare to be that of the angels; would we have even recognized that we stood at a turning point in history? The answer here is almost surely "no ", and indeed the participants in those great events were doubtless but dimly aware, if that, of the part they played in what we now view as belonging to the ages. There is something unsettling about this. We are talking about the beginnings of independence, yet in contemporary terms we are talking about civil disobedience, disobedience in aid of protecting a cache of arms gathered for purposes of which established government understandably took a dim view, a view which subsequent events proved to be quite warranted. On April 19th we celebrate that disobedience, and the revolution to which it helped give birth. Our reaffirmation . of the rightness of those events rests on our understanding of the values involved, of the principle of government by law and not by arbitrary fiat, and ultimately the principle of self- government. There can be no doubt about it, Mr. Moderator, this Town Meeting was deeply enmeshed in events leading up to April 19, 1775. In 1765 the Town Meeting adopted strong resolutions against the Stamp Act. In 1769 it voted not to use tea or permit tea or snuff to be kept until the duty be removed. In 1772 it passed strong resolutions on the unhappy state of the colony, authored by Rev. Jones Clarke. The meeting directed the Representative of the General Court to take positions consonant with the Town's views; Hark, Mr. Moderator: "Sir It is not to call in Question your Capacity, Disposition or Fidelity of our Estimation of which we have Given the fullest Evidence, in the Choice we have made of You to Represent Us in the General Court of this Province; but in exercising our Right of (Adj.. Tn. Mtg. - March 25, 1975) Article 70. Presented by Eric T. Clarke. MOTION: That the Zoning By -Law of the Town be amended by adding a * (See new subsection 24.7 as set forth in this article. below. 8:15 P. M. Article (Article as set forth in the warrant: as amended ARTICLE 70. To see if the Town will vote to amend the Zoning By -Law .Approved by .inserting a new subsection 24.8 as follows: by the Atty. Gen., "Every swimming pool shall be completely surrounded by a fence or wall June 9, not less than four (4) feet in height. Each such fence or wall shall 1975. be so constructed as not to have openings, holes, or spaces larger Advertised than four (4) inches in any direction, except for doors and gates and in the except for picket fences where the space between pickets shall not Lexington exceed four (4) inches." Minute Man - or act in any other manner in relation thereto.) July 10, 17 & 24, Eric T. Clarke presented the Report of the Planning Board unanimously 1975) recommending adoption of Article 70, and filed same. 8:17 P. M. Frank Sandy moved to refer this article to the Planning Board and then withdrew his motion. 8:24 P. M. Albert P. Zabin moved to amend the main motion by inserting after the word "pool" and between the word "shall" the words "as defined in Sec. 422.1 of the Massachusetts State Building Code ". 8:25 P. M. Mr. Zabin's motion to amend declared carried by voice vote. 8:27 P. M. Motion, as amended, now reads: MOTION: To amend the Zoning By -Law by inserting a new subsection 24.8 as follows: (Motion "Every swimming pool as defined in Sec. 422.1 of the Massachusetts State Building Code shall be completely surrounded by a fence or wall as not less than four (4) feet in height. Each such fence or wall shall be so constructed as not to have openings, holes, or spaces larger than Amended) four (4) inches in any direction, except for doors and gates and except for picket fences where the space between pickets shall not exceed * (See four (4) inches." Above ) Motion, as amended, declared carried unanimously. 8:28 P. M. Article 71. Presented by Eric T. Clarke. MOTION: ThatSecten 11 of the Zoning By -Law of the Town be amended by: A. Substituting the words "Zoning Officer" for the words "Building Inspector" in the first four paragraphs and substituting the words "Building Commissioner" for the words "Building Inspector" in subsections 11.2, 11.3 and 11.4. B. Substituting a new first paragraph to read as follows: "The Zoning Officer as appointed is hereby designated and authorized as the officer charged with the enforcement of the 'Zoning By- Law." 8:28 P. M. Mr. Clarke presented the Report of the Planning Board which unanimously recommended the adoption of Article 71 and filed same. 8:28 P. M. �,. ,,. ... ��. .. , ...._. _.. _. . .. . . ,. . , .... _ (Ad Tn. Mtg. - Mar 25 1975) Article 71. Edward E. Furash presented the following amendments (Cont.) Under Article 71, I move that the subject matter of this article be (Amendment referred to the Selectmen's Personnel Advisory Board and that this Adopted) committee shall review and report to the next Annual Town Meeting on this subject and all related matters of inspection, including, but not limited to such topics as fire, building, plumbing, electrical, wetlands and other inspection matters, for the purpose of proposing comprehensive organization and staffing plans for all such inspection and monitoring matters. 8:30 P. M. Eric T. Clarke stated that he would like to have the Town Manager speak on this article. 8.32 P. M. Walter C. O'Connell, Town Manager, stated that this is just a housekeeping article - it is to correct the terminology in the Zoning By -Law. He also stated that there has been an increase in the workload of the Building Inspector because of the new Massa- chusetts Building Code. 8:36 P. M. Amendment, as presented by Mr. Furash, declared carried by voice vote. 8:42 P. M. Lois W. Brown served notice of reconsideration of Article 71. 8:42 P. M. Article 72.Presented by Eric T. Clarke. MOTION: That the sum of $12,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board to make general planning studies of such matters, but not limited to, downtown parking, transportation, the future use and development of Hanscom Field, hydrological studies, soil studies, and bi- centennial studies, and that such amount be raised in the tax levy. 8:43 P. M. Mr. Clarke then spoke on this motion. 8:47 P. M. Edward E. Furash moved that this article be indefinitely postponed. 8.48 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously supported the main motion offered under_ this article. 8:55 P. M. Indefinite postponement declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Telle Op posed 1 8 Stephen W. Doran 6 2 13 Michael J. O'Sullivan 4 3 10 Joseph A. Campbell 6 4 12 Joseph O. Rooney 2 5 13 Fredric S. Cohen 5 6 7 Paul W. Marshall 11 7 13 Jacquelyn H. Ward 6 I 8 18 Mary E. Shunney 2 9 8 Jane P. Buckley 7 At large 10 Elizabeth M. Flynn 9 Totals 112 58 Motion to indefinitely postpone is adopted. 9:02 P. M. Allan F. Kenney served notice of reconsideration of Article 72_ 9:02 P. M. (Adj. Tn. Mtg. - M arch 25, 1975) Article 73. Presented by Fred C. Bailey. MOTION: That the Town accept Section 65 of Chapter 44 of the General Laws. 9:03 P. M. (Chapter 44, Section 65. ADVANCES OF VACATION PAY TO OFFICERS AND EMPLOYEES. In any city which accepts this section by vote of the city council, with the approval of the mayor, and in any town which accepts this section at a town meeting, advances of pay may be made to any officer or employee thereof in advance of his regular vacation to the extent of the pay to which he is about to be entitled during such vacation period under such regulations as the city or town treasurer may prescribe.) Motion, as presented by Mr. Bailey, carried by voice vote. 9:03 P. M. Article 74. Presented by Margery M. Battin. MOTION: That the Town accept Section 8D of Chapter 40 of the General Laws and that an historical commission consisting of five members be appointed by the Town Manager, with the approval of the Selectmen for terms of three years expiring on April 1 except that the initial appointments shall be one member for one year, two members for two years and two members for three years. 9:04 P. M. Mrs. Battin stated that the Board of Selectmen unanimously support the establishment of a historical commission. 9:08 P. M. Elizabeth Reinhardt, Dan H. Fenn, Jr. and Roland B. Greeley spoke for the Lexington Historical Society in favor of this motion. Donald J. Shaw stated that the Historic Districts Commission un- animously supported this motion. 9:.25 P. M. Motion, as presented by Mrs. Battin, carried unanimously. 9:28 P. M. Article 75. Presented by Margery M. Battin. MOTION: (a) That the General By -Laws of the Town of Lexington be (See amended by adding a new Article XXXII to read as follows: next page "Article XXXII - Council On Aging for motion Section 1. There shall be a council on aging for the purpose of as coordinating or carrying out programs designed to meet the problems amended) of the aging in coordination with programs of the department of elder affairs. Section 2. The council shall consist of seven members to be appointed by the Town Manager with the approval of the Selectmen for terms of three years expiring on April 1 except that the initial appointments shall be two members for one year, two members for two years and three members for three years." (b) that the sum of $5000.00 is appropriated for the Council on Aging, and that such amount be raised in the tax levy. 9:28 P. M. Mrs. Battin stated that the Board of Selectmen unanimously favored passage of this article. 9:30 P. M. r (Adj. Tn. M tg. - March 25, 1975) Article 75. Rev. Shirley Goodwin, Chairman of the Lexington Committee on (Cont.) Aging explained the need of such a council. 9:37 P. M. Allan F. Kenney moved to amend the motion by deleting the words "be raised in the tax levy" and substitute therefor the words "be transferred from available and anticipated P.L. 92 -512 funds (Federal Revenue Sharing Funds). 9:37 P. M. Mr. Kenney's motion to amend carried unanimously. 9:37 P. M. J. Keith Butters moved to amend the motion by deleting the words "April 1" and substituting therefor the words "June 1 ". 9:38 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 9:44 P. M. Moti..on to amend, as presented by Mr. Butters, carried unanimously. 9.44 P. M. Motion as amended now reads: (Motion MOTION: (a) That the General By -Laws of the Town of Lexington be IS amended by adding a new Article XXXII to read as follows: amended) (Approved by "Article XXXII - Council On Aging the Atty. Gen., Section 1. There shall be a council on aging for the purpose June 9, 1975. of coordinating or carrying out programs designed to meet the Advertised in problems of the aging in coordination with programs of the de- the Lexington partment of elder affairs. Minute Man - July 10, 17 Section 2. The council shall consist of seven members to be & 24, 1975) appointed by the Town Manager with the approval of the Selectmen for terms of three years expiring on June 1 except that the initial appointments shall be two members for one year, two members for two years and three members for three years." ( (b) not (b) that the sum of $5,000.00 is appropriated for the Council included in on Aging, and that such amount be transferred from available and Atty. Gen. anticipated P.L. 92 -512 funds (Federal Revenue Sharing Fluids). Approval) Motion, as amended by Mr. Kenney and Mr. Butters,, carried unanimously. 9:46 P. M. Article 76. Presented by Fred C. Bailey. (See Chap. MOTION: That the Board of Selectmen be and they are hereby author - 739, Acts ized to petition the General Court for an act to allow the Sel- of 1975.) ectmen to rescind their acceptance of Section 11E of Chapter 32B of the General Laws. 9 :46 P. M. (Chapter 32B, Section 11E. APPROPRIATION OF FUNDS TO PAY COSTS FOR GROUP LIFE AND HEALTH COVERAGE FOR RETIRED TEACHERS, ETC.) Howard M. Kassler presented a written statement to the effect that he would abstain from voting on Article 76. Motion, as presented by Mr. Bailey, carried unanimously. 9:48 P. M. Article 77. Presented by Fred C. Bailey. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:53 P. M. (Adj. Tn. Mtg. - - Ma rch 25 1975) . Article 78. Presented by Allan F. Kenney. (Motion MOTION: That the sum of $30,000.00 be appropriated for a revaluation as of all taxable property in the Town, and that such amount be trans - Adopted) ferred from the Reserve Fund - Overlay Surplus. 9:53 P. M. Mr. Kenney stated that to revaluate the whole town would cost approxi- mately $150,000.00 but they do not plan to do that at this time. By appropriating this amount, and a like amount for each year for the next four years, the town would show that they are attempting to comply with the court order which is that all towns must be assessed at 100% valuation. 9:57 P. M. Lincoln P. Cole, Jr. serves notice of reconsideration of Article 75. 9:.58 P. M. Article 78. By appropriating $30,000.00 this year, Mr. Kenney stated that as (Cont.) this would be one -fifth of the $150,000.00 based on the five year plan and would show the town's good faith, but, if this five year plan is not satisfactory to the state, they would have to come back to town meeting and get the rest of the money. 10:12 P. M. Daniel L. McCabe moved to amend Article 78 by striking out the sum of $30,000. and substituting in place thereof the sum of $1,000. 10:13 P. M. Selectman, Allan F. Kenney stated that he felt that this motion to amend was a frivolous action. 10:13 P. M. Ephraim Weiss presented a substitute motion as follows:. I move that the town affirm its intention of complying with all the state laws and regulations regarding revaluation of all taxed property. 10:17 P. M. In answer to a question raised by a confused Renee Cochin, the Moder- ator stated that the McCabe motion, having a larger amount of money, would be put first, and, if passed, the Weiss motion would not be put. 10:21 P. M. Motion to amend, as presented by Mr. McCabe, declared lost by voice vote_ 10:24 P. M. Substitute motion, as presented by Mr. Weiss, declared lost by voice vote. 10:24 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 12 Stephen W. Doran 0 2 10 Michael J. O'Sullivan 7 3 6 Joseph A. Campbell 10 4 10 Joseph 0. Rooney 2 5 11 Fredric S. Cohen 7 6 5 Paul W. Marshall 13 7 8 Jacquelyn H. Ward 9 8 12 Mary E. Shunney 4 9 6 Jane P. Buckley 9 At large 18 Elizabeth M. Flynn 1 Totals 98 62 Main motion, as presented by Mr. Kenney, adopted. 10:26 P. M. ,M (Adj. Tn. Mtg. - March 25 19 75) Article 79. Presented by Marian C. Reilly. MOTION: Until the next annual Town Meeting, (1) no synthetic or non - organic, or partially synthetic or partially non - organic (See fertilizer_ shall be applied to any lands owned by the Town, in- Page eluding but not limited to school lands and conservation lands; 56.) and (2) such lands may be posted with signs bearing the following or a similar legend: Petroleum -based fertilizer is essential for food production.. Therefore the Town of Lexington has chosen to use only organic fertilizer on its public lands. 10:28 P. M. After general discussion, Daniel I. Small moved to replace the word "use" with the word "purchase ", and the word "on" with the word "for ", both occurring in the last sentence.. 10:48 P. M. Allan F. Kenney moved to refer this article to the Board of Select - men and that it be taken up on April 7, 1975. 10:49 P. M. James Cataldo moved the previous question which was declared carried by voice vote. 10:56 P. M. Mr. Kenney's referral motion declared carried by voice vote. 10:57 P. M. Mr. Kenney stated that all articles that have been tabled, with the exception of Articles 4, 5 and 34, would be taken up on Monday, March 31, 1975. 10:57 P. M. Mr. Allan F. Kenney moved that the meeting be adjourned to Monday, March 31, 1975 at 8 P. M. in Cary Memorial IIall. Carried by voice vote. 10:57 P. M. A true copy. Attest: Mary R. McDonough, Town Clerk Anita M. Bonasera, 24 Theresa Avenue, resigned as a Town Meeting Member from Precinct One on March 29, 1975. Richard S. Glantz, 24 Blueberry Lane, having received the next highest number of votes as a defeated candidate for Town Meeting Member in Precinct One at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct One on March 31, 1975. Mr. Glantz will fill the vacancy caused by the resignation of Anita M. Bonasera for a term of one year expiring in March 1976. ADJOURNED TOWN MEE HELD MARCH 31, 1975 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8:02 P. M. There were 187 Town Meeting Members present. The invocation was offered by Rev. Donald Wells, Pastor of the Trinity Covenant Church. 8:04 P. M. Board of Selectmen Chairman, Allan F. Kenney, stated that his board and the Appropriation Committee had met last Saturday and would meet again next Saturday concerning the collective bargaining.. He stated that when tonights session is adjourned, he would move that it adjourn to April 7, 1975 and that session would be adjourned to April 14, 1975 (if his motion passed) when Articles 4 and 5 would be taken up. 8:07 P. M. Article 2. Margot Tutun moved that the Report of the Committee on Rededication of the Common be accepted and placed on file. 8:07 P. M. Mrs. Tutun asked that Rev. Harold T. Handley, Chairman of the Committee, be recognized. Mr. Handley read the committee's report and presented the following resolution: The affirmation and pledge are as follows: "We are deeply appreciative of the sacrifices our forefathers made on April 19, 1775 when, by their actions they dedicated this Common as the Birthplace of American Liberty. As an expression of that appreciation we, the citizens of Lexington, in 1975, rededicate our Common, and ourselves to the Common Cause of American Liberty. We pledge ourselves to respect the rights of others, so that we may enjoy individual freedom; We pledge ourselves to participate as informed citizens, so that we may preserve truly democratic government; We pledge ourselves to recognize both the sovereignty and the world- wide interdependence of all nations, so that our nation may continue to be free and independent ". Mrs. Tutun moved that the resolution be accepted. 8 :12 P. M. The Report of the Committee on Rededication of the Common was accepted and placed on file. Carried Unanimously. 8:12 P. M. Stillman P. Williams moved to amend the resolution by adding the following words at the end of the last paragraph: "and progress toward a united world ". 8:13 P. M. Mr. Williams motion to amend the resolution declared carried by voice vote. 8:15 P. M. Resolution now reads: We are deeply appreciative of the sacrifices our forefathers made on (Resolu- April 19, 1775 when, by their actions they dedicated this Common as the tion Birthplace of American Liberty. As an expression of that appreciation as we, the citizens of Lexington, in 1975, rededicate our Common, and Adopted) ourselves to the Common Cause of American Liberty. We pledge ourselves to respect the rights of others, so that we may enjoy individual freedom; We pledge ourselves to participate as informed citizens, so that we may preserve truly democratic government; We pledge ourselves to recognize both the sovereignty and the world- wide interdependence of all nations, so that our nation may continue to be free and independent, and progress toward a united world." Resolution carried unanimously. 8 -15 P. M. (Adj. Tn. Mtg. - March 31, 1975) Allan F. Kenney moved that Article 23 be taken from the table. Carried Unanimously. 8:15 P. M. Article 23. Allan F. Kenney moved that this article be indefinitely postponed. Carried Unanimously. 8:17 P. M. (See Page 23.) Alfred S. Busa moved to take Article 17 from the table. Carried Unanimously. 8 :19 P. M. Article 17. Edward E. Furash moved to withdraw his motion that this article be recommitted to the Board of Selectmen. Carried Unanimously. 8:20 P. M. (See The Moderator read the motion offered under Article 17 at the Pg. 21 March 17, 1975 Annual Town Meeting by Alfred S. Busa as follows: and MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land Pg. 29) as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the con- struction of new channels in said other Land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to appropriate the sum of $50,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:22 P. M. The Moderator read the motion to amend as offered by Edward E. Furash at the March 17, 1975 Annual Town Meeting as follows: MOTION: Under article 17, I move to delete the sum of $50,000.00 and to substitute therefor the sum of $25,000.00. 8:22 P. M. Edward E. Furash moved to amend his amendment by deleting the sum of $25,000.00 and substituting therefor the sum of $40,000.00. 8:22 P. M. The drains are to be installed in Fletcher Avenue and Wood Street. Mr. Furash's motion to amend his amendment is declared carried by voice vote. 8:27 P. M. Mr. Furash's original motion to amend, as amended, declared carried by voice vote. 8 :29 P. M. Main motion, as amended, now reads: (Motion MOTION: That the Selectmen be and they hereby are authorized to as install drains in such accepted or unaccepted streets or other land Amended - as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the Adopted) construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor.; and to appropriate the sum of $40,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. Main motion, as presented by Mr. Busa, and as amended by Mr. Furash, declared carried by voice vote. 8:29 P. M. Angela E. Frick moved that Article 41 be taken from the table. Carried by voice vote. 8:29 P. M. (Adj. Tn. Mtg. - March 31, 1975) Article 41. Presented by John J. McWeeney. (See MOTION: That this article be postponed to the next regular or Pg. 30) special town meeting. Carried Unanimously. 8:33 P. M. Angela E. Frick moved that Article 44 be taken from the table. Carried Unanimously. 8:34 P. M. Article 44. Presented by Manfred P. Friedman. MOTION: That the Conservation Commission be authorized to purchase (Motion or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, as for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or Adopted) 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 124 on Assessors' Property Map 34, now or formerly of (See Napoli and described in Document No. 219459, filed with Certificate Page of Title No. 63697 in Middlesex South Land Registry, Book 425, Page 31.) 581; that the sum of $205,000. be appropriated for such land acquisition, and that such amount be transferred from the appropriation voted under Article 40 of this Warrant. 8:35 P. M. Allan F. Kenney stated that with the exception of one member that is abstaining, the Board of Selectmen unanimously opposed passage of this article. 8:55 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board is in favor of passage of this article. 8:56 P. M. Edward E. Furash stated that the Appropriation Committee is upset at paying such a high price and would like to have it sent back for negotiations. 9:08 P. M. Joseph O. Rooney moved the previous question which was declared lost by voice vote. 9 :08 P. M. Joan P. Crothers moved that action under this article be taken by the by -law as stated in Article V, Section 30 (b). (Roll Call). Mrs. Crothers's motion was declared lost by voice vote, which was doubted, so the Moderator asked if there were more than fifty members that wished to have a roll call vote and the following tally was taken: Precinct Tell Members in Favor of Roll Call 1 Stephen W. Doran 2 2 Michael J. O'Sullivan 1 3 Joseph A. Campbell 13 4 Joseph O. Rooney 3 5 Fredric S. Cohen 3 6 Paul W. Marshall 11. 7 Jacquelyn H. Ward s 8 Mary E. Shunney 3 9 Jane P. Buckley 12 At large Elizabeth M. Flynn 3 Total S9 In accordance with the General By -Laws of the Town of Lexington, over fifty Town Meeting Members having voted in favor of a roll call vote on Article 44, motion as offered by Mrs. Crothers that a „ :pall of'Lhe meeting be taken on the action on Article 44 is adopted. 9 :16 P. M. Selectman Howard M. Kassler, former Chairman of the Conservation Commission, stated that he was backing the rest of the Selectmen in opposition to this article. He would recommend appropriating $125,000.00 and leaving out the most expensive house lots. 9:25 P.M. (Ad Tn. Mtg._March 311975) The Moderator called a brief recess at 9 :25 P. M. and called the meeting to order at 9:33 P. M. Article 44. Edward E. Furash moved that this article be referred to the Con- (Cont.) servation Commission to report at the meeting of April 7. 9:35 P. M. Motion to refer, as offered by Mr. Furash, declared lost by voice vote. 9:46 P. M. The roll call vote on Article 44 was taken by the Town Clerk, Mary R. McDonough, assisted by Assistant Town Clerk, Norma B. Jervis, starting at 9 :59 P. M. and completed at 10:13 P. M. The count was completed at 10:21 P. M., results as follows: Precinct Yes No Abst Absent To tals 1 11 7 0 3 21 2 9 9 0 3 21 3 18 2 0 1 21 4 13 7 0 1 21 5 18 3 0 0 21 6 17 4 0 0 21 7 19 1 0 1 21 8 12 7 0 2 21 9 18 0 1 2 21 At large 3 4 3 0 10 Totals 138 44 4 13 199 Motion, as presented by Manfred P. Friedman, adopted. 10:21 P. M. Allan F. Kenney moved that Article 63 be taken from the table. Carried Unanimously. 10:21 P. M. Article 63. Presented by Allan F. Kenney. MOTION: That the General By -Laws of the Town of Lexington be (See amended by adding a new Article XXXI to read as follows: Page 36) (Approved by "Article XXXI Hours of Business the ALty. Gen., June 9, 1975. No business, engaged in the retail sale of food, which is not Advertised in otherwise licensed by the Board of Selectmen, shall sell at the Lexington retail between the hours of 1 A.M. and 5 A.M." Minute Man - Ju.ly 10, 17 Carried by voice vote. 10:23 P. M. & 24, 1975) Eric T. Clarke moved that Article 64 be taken from the table. Carried Unanimously. 10:24 P. M. Article 64. Presented by Eric T. Clarke. MOTION: That the Town join the National Flood Insurance Program and that the Planning Board be authorized to take all actions (See necessary to carry out this vote. Page 10:24 P. M. 36.) After general discussion, Paul A. Plasse moved that this article be referred back to the Planning Board and report at the next Annual Town Meeting. 10:48 P. M. Motion to refer, as offered by Mr. Plasse, declared lost by voice vote. 10:59 P. M. (Adj. 'I'n. Mtg. - March 31, 1975) Article 64. George S. Silverman moved to amend Article 64 by adding after "this (Cont.) vote ", and to insure that land not subject to flooding is removed from Flood Hazard Boundary Maps. 11:05 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that he has no objection to Mr. Silverman's amendment. 11:10 P. M. William E. Maloney, Jr. moved the previous question which was declared carried by voice vote. 11:12 P. M. Motion to amend, as offered by Mr. Silverman, declared carried by voice vote. 11:13 P. M. Main motion, as amended, now reads: (Motion MOTION: That the Town join the National Flood Insurance Program as and that the Planning Board be authorized to take all actions Amended necessary to carry out this vote, and to insure that land not -- subject to flooding is removed from Flood Hazard Boundary Maps. Adopted) Main motion, as offered by Mr. Clarke, and amended by Mr. Silverman, declared carried by voice vote. 11:13 P. M. Eric T. Clarke moved that Article 65 be taken from the table. Declared lost by voice vote. 11:13 P. M. Frank Sandy served notice of reconsideration of Article 64. 11:13 P. M. i Allan F. Kenney moved that the meeting be adjourned to Monday, April 7, 1975 at 8 P. M. in Cary Memorial Hall. 11:13 P. M. Ephraim Weiss moved to amend the motion to read to adjourn the meeting to Wednesday, April 2, 1975 at 8 P. M. 11.14 P. M. Mr. Weiss's motion was declared lost by voice vote, which was doubted, so a standing vote was taken as follows:. Precinct In Favor Tellers Opposed 1 4 Stephen W. Doran 7 2 10 Michael J. O'Sullivan 4 3 13 Joseph A. Campbell 4 4 8 Joseph O. Rooney 5 5 10 Fredric S. Cohen 9 6 10 Paul W. Marshall 8 7 9 Jacquelyn H. Ward 8 8 4 Mary E. Shunney 16 9 11 Jane P. Buckley 5 At large 3 Elizabeth M. Flynn 21 Totals 82 87 Mr. Wei.ss's amendment does not prevail. 11:1.7 P. M. Motion, as offered by Mr. Kenney, to adjourn to Monday, April 7, 1975 at 8 P. M. in Cary Memorial Hall declared carried by voice vote. 11:17 P. M. A true copy. Attest: �4 R. McDonough, Town Clerk ADJOURNED T OWN MEETING - APR 7 , 1975 The meeting was called to order in Cary Memorial Hall at 8:07 P. M. by the Moderator, Lincoln P. Cole, Jr. There were 181 Town Meeting Members present. Invocation offered by Rev. Alvin Porteous, Pastor of the First Baptish Church. 8:09 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that Articles 4 and 5 would be taken up on April 14, 1975. Eric T. Clarke moved that Article 65 be taken from the table. 1 Carried Unanimously. 8 :12 P. M. Article 65. Presented by Eric T. Clarke. MOTION: That the Zoning By -Law of the Town be amended as follows: A. By adding a new subsection 20.4 as follows: "20.4 National Flood Insurance Districts: NFID - National (See Flood Insurance Districts, which are superimposed on other Page districts, and regulated in Section 39." 36.) B. By adding a. new subsection 22.6 as follows: (See "22.6 National Flood Insurance Districts: Page NFID- National Flood Insurance Districts as shown on maps 67.) entitled F. I. A. FLOOD HAZARD BOUNDARY MAPS consisting of an index map and 8 sheets numbered 01, 02, 03, 04, 05, 06, 08 and 09, dated June 28, 1974, on file with the Town Clerk." C. By adding a new section 39 as follows: "Section 39 National Flood Insurance Districts. 39.1 Any other bylaw or regulation to the contrary notwith- standing, no construction shall be permitted within the District unless the Board of Appeals shall determine that all utilities are located, elevated and constructed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards; provided that such permit from the Board of Appeals shall not be required in cases where the planning board has conducted a similar review and approval under its Regulations." 8:13 P. M. Eric T. Clarke, Chairman of the Planning Board, presented the Planning Board Report covering Articles 64 and 65 and stated that a majority of the Planning Board recommended adoption of both Articles 64 and 65. He filed the minority and majority reports of his board covering Articles 64 and 65. 8:14 P. M. Nyles Nathan Barnert moved to amend the motion by removing section B in its entirety and renumbering section C as section B. 8:15 P. M_ Mr. Barnert's motion to amend was declared lost by voice vote. 8:18 P. M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: (Adj. Tn. Mtg. - April 7, 1975) ` Article 65. Precinct In Favor Tellers Opposed (Cont.) 1 7 Stephen W. Doran 6 2 6 Michael J. O'Sullivan 8 3 6 Joseph A. Campbell 9 4 3 John Deutch 6 5 7 Fredric S. Cohen 13 6 10 Paul W. Marshall 8 7 11 Jacquelyn H. Ward 8 8 4 Mary E. Shunney 14 9 7 Jane P. Buckley 8 At large 13 Elizabeth M. Flynn 9 Totals 74 89 Main motion, as presented by Mr. Clarke, was defeated. 8 :23 P. M. Eric T. Clarke served notice of reconsideration of Article 65. 8 :23 P. M. Paul A. Plasse moved for reconsideration of Article 47. 8:24 P. M. The Moderator read the motion (amendment) that had been presented by Robert A. Bowyer under Article 47 at the March 24, 1975 adjourned session and had been adopted as follows MOTION: That this article be referred to the Conservation Commission, Planning Board and the Board of Selectmen and report to the next Annual Town Meeting. 8:27 P. M. Selectmen Chairman, Allan F. Kenney, stated that his board was against con - sideration of Article 47 and they had not had time to discuss this article. 8:28 P. M. Earl F. Baldwin, Jr. moved the previous question which was declared carried by voice vote. 8:37 P. M. Motion to reconsider Article 47, as presented by Mr. Plasse, declared carried by voice vote. 8:47 P. M. Article 47. The motion on the floor is the amendment presented by Robert A. Bowyer and adopted at the March 24, 1975 Adjourned Town Meeting as follows: (See Pages MOTION: That this article be referred to the Conservation Commission, 32 & Planning Board and the Board of Selectmen and report to the next 33) Annual Town Meeting. After general discussion, Charles E. Connolly, Jr. moved the previous question which was declared carried by voice vote. 8:54 P. M. Motion to refer, as presented by Mr. Bowyer, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Fav Tellers Opposed 1 13 Stephen W. Doran 1 2 8 Michael J. O'Sullivan 7 3 7 Joseph A. Campbell 9 4 5 John Deutch 8 5 9 Fredric S. Cohen 10 6 7 Paul W. Marshall 11 7 10 Jacquelyn H. Ward 8 8 6 Mary E. Shunney 14 9 9 Jane P. Buckley 8 At large 16 Elizabeth M. Flynn 5 Totals 90 81 Mr. Bowyer's motion to refer was adopted. 8:58 P. M. (Adj. Tn. Mtg. - April 7, 1975) Howard M. Kassler moved to take Article 79 from the table. Carried Unanimously. 8:58 P. M. Mr. Kassler asked that James P. and Marian C. Reilly be recognized. 8:58 P. M. Article 79. Marian C. Reilly moved to amend Article 79 as presented by her on March 25, 1975 by presenting the following substitute motion: (Sub. MOTION: In order to set an example that other municipalities and motion that individuals might follow relative to the use of fertilizers adopted) for food production, until the next annual Town Meeting: no synthetic or non - organic, or partially synthetic or partially non- organic fertilizer shall be applied to selected lands owned (See by the Town, including and limited to two areas - to the Page property around the Town Hall and also to Hastings Park, and that 48.) such lands may be posted with signs bearing the following or a similar legend- Petroleum-based fertilizers are essential to food production. Therefore the Town of Lexington has chosen to use only organic fertilizers on these public lands. 9:01 P. M. Howard M. Kassler stated that the Board of Selectmen unanimously supported this substitute motion. 9:07 P. M. Historic Districts Commission Member Donald J. Shaw, stated that as these signs would be within the historic districts a permit would have to be granted and that would take approximately sixty days. 9:07 P. M. Motion to substitute a motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 Stephen W. Doran 6 2 7 Michael J. O'Sullivan 8 3 14 Joseph A. Campbell 2 4 5 John Deutch 8 5 10 Fredric S. Cohen 10 6 15 Paul W. Marshall 1 7 16 Jacquelyn H. Ward 2 8 6 Mary E. Shunney 14 9 15 Jane P. Buckley 3 At large 17 Elizabeth M. Flynn 3 Totals 114 57 Motion to substitute, as presented by Mrs. Reilly, prevailed. 9:17 P. M. Main motion, now the substitution motion as adopted, declared carried by voice vote. 9:20 P. M. Article 80. Presented by Renee T. Cochin. MOTION: That the Town Meeting instruct the School Committee to review the present school transportation policy of the Town and to formulate a policy which provides transportation at no extra user charge for all students for whom state reimbursement is available. (Adj. Tn. Mtg. - April 7, 1975) Article 80. Further, that the sum of $120,000 be appropriated, in addition to (Cont.) funds appropriated under Article 4 of this warrant, for the cost of providing bus transportation to and from school for all secondary school pupils residing at least one and one half or more miles but less than two miles from the school they attend; that such amount be raised in the tax levy; and that the School Committee is hereby directed to apply for reimbursement for the cost of such transpor- tation from the Commonwealth of Massachusetts pursuant to Chapter 71 Section 7A of the General Laws. 9:21 P. M. Mrs. Cochin and Ephraim Weiss each gave a presentation regarding the need for this particular article and Mrs. Cochin presented a petition signed by approximately 500 residents supporting this article. (Presented to School Committee.) 9:45 P. M. Two School Committee members spoke on this article - Patricia A. Swanson in opposition and Robert I. Rotberg in favor. Donald B. White stated that the Appropriation Committee opposed this article. 9:58 P. M. After much discussion, Stillman P. Williams moved the previous question which was declared carried by voice vote. 10:32 P. M. Daniel E. Power stated that he would abstain from voting on this motion. 10:43 P. M. Main motion, as presented by Mrs. Cochin, declared lost by voice vote. 10:43 P. M. Article 81. Presented by Lloyd Gilson. MOTION: That the Selectmen be authorized to transfer the care, custody, management and control of the land acquired under Articles 43 and 44 of the warrant for the 1960 Annual Town Meeting to the Conservation Commission for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws. 10:44 P. M. John M. Frankovich was recognized, at the request of Mr. Gilson, to make the presentation of this article. 10:50 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board was neutral regarding this motion and felt that the article should be postponed. 10:54 P. M. Francis W. K. Smith stated that the Conservation Commission was in favor of this article. 10:55 P. M. James M. McLaughlin moved the previous question which was declared carried unanimously. 10:59 P. M. Motion, as presented by Mr. Gilson, declared carried unanimously. 11 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 14, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:01 P. M. A true copy. Attest: � A ✓ Al - Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETIN - APR.IL 14, 1975 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. Henry H. Clark, Minister at the Hancock United Church of Christ. 8:06 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that Supplement No. 3 of the Appropriation Committee Report be accepted and placed on file. Carried Unanimously. 8:07 P. M. Mr. Furash presented, and showed to the Town Meeting, a computerized report of the Appropriation Committee ( "1775 - WE ARE ALL HEART - 1975 ") which had been prepared by Precinct 2 Town Meeting Member, Michael J. O'Sullivan. 8:10 P. M. Allan F. Kenney moved to take Article 4 from the table. Carried Unanimously. 8:12 P. M. Article 4. Presented by Allan F. Kenney. (See MOTION: That the following amounts be appropriated for the ensuing Pg. 65 fiscal year and be raised in the tax levy except where a transfer for is indicated they shall be provided by such a transfer. final 8:14 P. M. adoption) The Moderator, at the request of Mr. Kenney, read the following line (See items under Article 4: Pg. 19) Selec Department #1000 Personal Services 43,281. 1.050 Expenses 7,035. 8:24 P. M. Town M anager's Office 1060 Personal Services 55,500. 1065 Expenses 1,500. 8:24 P. M. Town Manager's Jurisdi 1075 Clerical Pool 30,383. 1080 Office Furniture & Fixtures 3,500. 1090 Professional Services 11,500. 1125 Fire & Police Medical 5,000. 1130 Director. of Guides 1,000. 1135 Out -of -State Travel 4,000. 1140 Training & Travel - Out -of -State 2,775. 1141 Tuition & Training Fees 10,050. 1.142 In -State Travel 7,500. 8:27 P. M_ Selectmen Jurisdiction 1145 Community Services 50. 1146 Juvenile Services 12,382. 1148 Safety Program 500. 8:28 P. M. Town Clerk's Department 1150 Personal Services 41,316. 1200 Expenses 1,365. 1250 Vital Statistics 650. 8:28 P. M. ( Adj. T n. Mtg April 14, 1975 " Article 4. Personnel Department (Cont.) 1300 Personal Services 20,000. 1350 Expenses 3,200. 8:28 P. M. Board of Appeals 1500 Personal Services 7,860. 1550 Expenses 3,185. 8:29 P. M. Planning Board 1600 Personal Services 43,080. 1650 Expenses 3,131. 8:29 P. M. Insurance 1700 Group 216,000. 1750 Municipal Property & Workmen's Comp. 207,800. 8:29 P. M. Printing Town Report 1760 Expenses 12,000. 8:29 P. M. Ephraim Weiss moved to amend Article 4 by adding the following line item: "Account Number 1655 Consultants $10,000. 8:30 P. M. The Appropriation Committee and the Board of Selectmen voiced opposition to Mr. Weiss's amendment. 8:33 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 8:33 P. M. Law Department 1775 Fees 38,000. 1800 Expenses 10,000. 8:36 P. M. Elections 1900 Selectmen Jurisdiction 7,640. 1950 Town Clerk Jurisdiction 11,900. 8:36 P. M. Board of Registrars 2000 Personal Services 6,350. 2050 Expenses 6,675. 8:37 P. M. Appropriation Committee 2250 Expenses 3,800. 8:37 P. M. Town Celebrations Committee 2370 Misc. Committees, Boards 1,600. 2400 Expenses 5,500. 8:37 P. M. Histori Districts Commission 2450 Expenses 1,900. 8:37 P. M. (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Conservation Co mmission (Con L.) 42460 Expenses 4,355. 8:37 P. M. Recreation Committee 2470 Personal Services 72,265. 2480 Expenses 19,225. 8:37 P. M. Treasurer /Colle Department 2500 Personal Services 51,418. 2525 Expenses 9,275. 2575 Foreclosure & Redemption 1,500. 8:37 P. M. Comptroller's D 2800 Personal Services 78,430. 2850 Expenses 3,600_ 2860 Revenue Sharing Administration 500. * To which the sum of $500.00 is available and anticipated P.L. 92 -512 funds (Federal Revenue Sharing Funds) is to be applied. 8:38 P. M. Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 5,850_ 2930 Office Machines - Maint. & Repair 7,000. 2935 Office Services - Copier Supplies 7,400. 2940 Metered. Mail 22,325. 8:39 P. M. Assess Department 2950 Personal Services 46,690. 3000 Expenses 7,600. 8:39 P. M. Health Department 3250 Personal Services 32,125. 3300 Expenses 9,070. 3310 Mystic Valley Mental. Health 30,033. 3320 Lexington Visiting Nurses Assoc. 6,840. 3450 Rabies Clinic 2,035. 8:40 P. M. Health Jurisdiction - Do Officer 3500 Personal Services 11,345. 3550 Expenses 2,970. 8:40 P. M. Police Depar 3750 Personal Services 876,909. (Of which $12,000.00 is to be transferred from the Parking Meter Fund) 3800 Expenses 108,92.5. * To which the sum of $25,000.00 in available and anticipated P.L. 92 -512 funds (Federal Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 1,000. (Of which $1,000.00 is to be transferred from the Parking Meter Fund) 8:40 P. M. (Adj Tn. Mtg. - April 1 4, 1975.) Article 4. Fire Department (Cont.) #4100 Personal Services 815,362. 4150 Expenses 53,335. 4200 Ambulance Maintenance 1,925. 8:47 P. M. Local Disaster Services 4300 Personal Services 1,500. 4350 Expenses 1,000. 4360 Auxiliary Fire Expense 300. 8 :47 P. M. Inspection Department 4450 Personal Services 47,480. 4500 Expenses 1,450. 8:48 P. M. Pub lic Works Department 4900 Personal Services 973,934. (Of which $10,000.00 is to be transferred from the Westview Perpetual Care Fund.) 8:48 P. M. Director of Public Works Office 4950 Personal Services 128,619. 5000 Expenses 6,350. 8:48 P. M. Engineering D epart ment 5100 Personal Services 183,373. 5150 Expenses 4,350. 8:48 P. M. Town Buildings Mai ntenance 5200 Personal Services 45,639. 5250 Expenses 118,700. 8:49 P. M. Highway Maintenance 5400 Expenses 68,300. (Of which $8,000.00 is to be transferred from the Parking Meter Fund) 8:49 P. M. Road Machinery 5450 Expenses 112,650. 8 :49 P. M. Snow Removal 5500 Expenses 105,300. (Of which $4,000.00 is to be transferred from the Parking Meter Fund) 8:49 P. M. Traffic Regulations & Street Signs 5550 Expenses 18,000. 8 :49 P. M. Street Lights 5600 Expenses 175,000. 8:50 P. M. (Adj. Mtg. - April 14, 1975. Article 4. Sewer Maintenance & Services_ (Cont.) #5700 Expenses 41,600. 8:50 P. M. Garbage Collection 5800 Contract 84,000. 8:50 P. M. Sanitary Land Fill 5850 Expenses 59,925. 8:50 P. M. Water Maintenance & Services 5900 Expenses 42,975. 8:51 P. M. Park 6000 Expenses 34,990. 8:51 P. M. Insect Suppression 6050 Expenses 8,575. 8:51 P. M. Shade T ree 6100 Expenses 10,100. 8:54 P. M. Dutch Elm Disease 6150 Expenses 4,200. 8:54 P. M. Cemeteries 6400 Expenses 6,200. 8 :54 P. M. Veterans' Benefi 7100 Personal Services 7,508. 7150 Administration 150. 7200 Aid & Expenses 55,000. 8:54 P. M. Graves Registrations 7250 Expenses 400. 8:54 P. M. Sold iers' Burials 7300 Expenses 250. 8 :54 P. M. Cary Me morial Libr 7500 Personal Services 308,643. 7550 Expenses 115,150. ** * 11,957.25 is also available as State Aid to Libraries. ** Of which $6,371.62 is to be transferred from the County Dog License Fees. 8 :56 P. M. (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Boar of Retirement (Cont.) #7800 Contributory Pension Fund 373,125. 7825 Non - Contributory Pension Fund 146,000. 7850 Expenses 2,900. 8:56 P. M. Public Schools 7920 Public School - Education 14,156,244. *Of which $12,300. is for out of state travel. To (As which the sum of $448,495. in available and Adopted) anticipated P.L. 874 and State METCO funds is to be applied and the balance to be appropriated and raised under this article. 8:57 P. M. Jane E. Berchtold, Chairman of the School Committee, then presented the school budget giving an explanation and showing slides. 9:18 P. M. rronald B. White stated that the Appropriation Committee supported the School Committee budget. 9:22 P. M. Frank I. Michelman moved to amend by substituting the figure 14,216,244. for the figure 14,156,244 in line 7920. 9:23 P. M. After general discussion, James M. McLaughlin moved the previous question. 9:55 P. M. The Moderator ruled that the effect of passage of Mr. McLaughlin's motion would be: first would be a vote on Mr. Michelman's motion to amend line item #7920 and then a vote would be taken on the school budget which would then be closed. 9:55 P. M. Previous question, which was moved by Mr. McLaughlin, declared carried by voice vote. 9:56 P. M. Motion to amend line item #7920, as moved by Mr. Michelman, declared lost by voice vote. 9:56 P. M. Arthur C. Smith challenged the ruling made by the Moderator regarding the effect of the passage of the previous question. 9:59 P. M. The Moderator turned the Chair over to Norman P. Cohen, Town Counsel. 9:59 P. M. Arthur C. Smith moved, and the motion was seconded, that the decision of the Moderator be overruled. 10 P. M. Moderator, Lincoln P. Cole, Jr., defended his decision, stating that the meeting was told, prior to their vote on the previous question, just what the effect would be. 10 P. M. Paul W. Marshall stated that he felt that line item #7920 should be left open. 10:01 P. M. After Edward E. Furash, Chairman of the Appropriation Committee, stated that he favored the Moderator's ruling, Mr. Cole stated that, although the school budget was closed, there was nothing preventing anyone from serving notice of reconsideration of line item #7920 and a motion to reconsider could be offered at any time. 10:03 P. M. Mr. Smith's motion to overrule the Moderator's decision declared lost by voice vote. 10:03 P. M. Chair turned back to Mr. Cole. School budget, line item 47920 declared carried by voice vote. 10:04 P. M. Paul W. Marshall served notice of reconsideration of line item #7920 under Article 4. 10:04 P. M. (Edith and Frank Sandy, Charles F. Gallagher, Jr. & Howard M. Kassler abstained from voting on the School budget.) (Adj. Tn. Mtg. - April 14, 1975.) Article 4. Regional Voc. Tech. High School (Cont.) #8100 Operating Budget 373,158. 8200 Capital Budget 127,889. 10:05 P. M. Debt P ayment 8500 Interest on Debt 296,100. 8525 Interest on Anticipation Loans 100,000. 8550 Maturing Debt 1,471,000. i *Of which $508,087.04 is to be transferred from available funds - Regional Vocational School Court Decision. 10:05 P. M. Allan F. Kenney moved that Article 4 be tabled which he immediately withdrew. 10:07 P. M. After a short discussion, Allan F. Kenney moved that Article 4 be tabled. Carried Unanimously. 10:11 P. M. (See Page 65.) Allan F. Kenney moved that Article 5 be taken from the table. Carried Unanimously. 10:11 P. M. Article 5. Presented by Allan F. Kenney. (See MOTION: That the following amounts be appropriated for the ensuing Pg. 19) fiscal year, in addition to those authorized under Article 4 of this Warrant to fund cost items resulting from collective bargaining and the additional_ funds required for the Fiscal 1976 Personal Services budget and that such amounts be raised in the tax levy: Account No. 3750 Police Personal Services 60,547. 4100 Fire Personal Services 60,385. 4900 Public Works Personal Services 67,163. 9000 * Other departments - Personal Services 149,425 Total Article 5 337,520. *Account No. 9000 to be distributed among the following accounts as authorized by the Board of Selectmen: 1000 Selectmen 3750 Pol..ice 1060 Town Manager 4100 Fire 1075 Clerical_ Pool 4900 DPW 1130 Director of Guides 1150 Town Clerk 1300 Personnel 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2470 Recreation 2500 Treasurer & Collector 2800 Comptroller 2950 Assessors 3250 Health 3500 Dog Officer 4300 Disaster Services 4450 Inspection 4950 Director of DPW 5100 Engineering 5200 Town Buildings Main t. 7100 Veterans 7500 Library 10:13 P. M. (Adj. Tn. Mtg. - Ap ril 14, 1975.) Article S. Town Manager, Walter C. O'Connell, gave the background of the (Cont.) collective bargaining with the unions of the Police, Fire and Department of Public Works and recommended acceptance of all three contracts. 10:28 P. M. John B. Butler, Chairman of the Personnel Advisory Committee, and Edward E. Furash, Chairman of the Appropriation Committee, both spoke for their respective committees supporting the recommendations as made under Article 5. 10:48 P. M. Paul A. Plasse moved for a one minute standing recess at 10:49 P. M. and the Moderator called the meeting to order at 10 :50 P. M. Article 5. Earl F. Baldwin, Jr. moved the previous question which was declared (Cont.) lost by voice vote. 10:55 P. M. After general discussion, with both Mr. Kenney and Mr. O'Connell answering many questions, John Deutch moved the previous question which was declared carried by voice vote. 11:12 P. M. Motion, as presented under Article 5 by Mr. Kenney, declared carried by voice vote. 11:12 P. M. Allan F. Kenney moved that Article 4 be taken from the table which was declared carried by voice vote. 11:12 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:18 P. M. Julian J. Bussgang served notice of reconsideration of Article 5. 11:18 P. M. Article 4. Main motion as presented by Mr. Kenney under Article 4 (with the exception of the School budget, line item 47920 which was adopted this (See Pg. evening at 10:04 P. M.) declared carried by voice vote. 19 & 11:18 P. M. Pgs. 58 -64) Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 16, 1975 at 8 P. M. but later withdrew his motion. 11:19 P. M. At the request of Mr. Kenney, the Moderator asked for a standing vote as to whether the meeting would rather adjourn to Tuesday, April 15 or Wednesday, April 16. The sense of the meeting was that 37 members preferred Tuesday while 77 members preferred Wednesday. Richard A. Michelson moved that the meeting be adjourned to Wednesday, April 23, 1975 at 8 P. M. 11:22 P. M. Voice vote on Mr. Michelson's motion doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Stephen W. Doran 4 2 2 Michael J. O'Sullivan 13 3 5 Joseph A. Campbell 11 4 0 Joseph 0. Rooney 12 5 8 Fredric S. Cohen 10 6 6 Paul W. Marshall 12 7 4 Jacquelyn H. Ward 12 8 16 Mary E. Shunney 3 9 6 Jane P. Buckley 10 At large 4 Elizabeth M. Flynn 18 Totals 56 105 Mr. Michelson's motion to adjourn was not adopted. 11:26 P. M. (Adj. Tn Mtg. - April 14, 1975.) Allan F. Kenney moved that this meeting be adjourned to Wednesday, April 16, 1975 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:27 P. M. A true copy. I Attest: Mary R. McIk)nough, Town Clerk 1 67 AD JOURNE D T OWN MEETING - APRIL 1 6, 19 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. in Cary Memorial Hall at 8:03 P. M. There were 173 Town Meeting Members present. Invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church of Our Redeemer. 8:05 P. M. Eric T. Clarke moved for reconsideration of Article 65 which was declared carried by voice vote. 8:11 P. M. Article 65. Eric T. Clarke presented the following substitute motion:. (Original motion presented at the April 7, 1975 Adj. Tn. Mtg.) (motion SUBSTITUTE MOTION: That the town manager be authorized with the as approval of the Board of Selectmen to direct the Building Commissioner adopted) to comply with all HUD National Flood Insurance Regulations in those areas that are designated by HUD as flood -prone areas. (See 8:12 P. M. Pg. 36, 54 & 55) Motion to substitute a motion for the original motion declared carried by voice vote. 8:23 P. M. (Sub. motion now main motion) Haskell W. Reed moved the previous question which was declared carried by voice vote. 8:35 P. M. Main motion, (substitute motion is now main motion) as presented by Mr. Clarke, declared carried by voice vote. 8:35 P. M. Howard M. Kassler moved that Article 34 be taken from the table which was declared carried by voice vote. 8:35 P. M. Article 34. Presented by Howard M. Kassler. MOTION: That the sum of $19,500. be appropriated, in addition to the (See money appropriated under Article 37 of the warrant for the 1973 Pg. annual town meeting, for constructing, originally equipping and 26) furnishing a dog kennel on town owned land, and that such amount be raised in the tax levy. 8:35 P. M. Mr. Kassler spoke of the need for such a kennel and answered many questions. 8:59 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:59 P. M. Main motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Oppos 1 9 Stephen W. Doran 1 2 13 Michael J. O'Sullivan 2 3 11 Joseph A. Campbell 7 4 2 John Deutch 11 5 10 Fredric S. Cohen 6 6 5 Paul W. Marshall 11 7 3 Jacquelyn H. Ward 11 8 15 Mary E. Shunney 4 9 4 Jane P. Buckley 13 At large 20 Elizabeth M. Flynn 1 Total 92 67 Main motion, as presented by Mr. Kassler, declared adopted. 9:07 P. M. M 68 (Adj. T n. Mtg. - April 16, 1975.) Louis E. Conrad moved for reconsideration of Article 36. 9:07 P. M. After several members spoke for and against the motion to reconsider Article 36 the motion was declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor T ellers Opposed 1 5 Stephen W. Doran 5 2 8 Michael J. O'Sullivan 6 3 13 Joseph A. Campbell 4 4 4 John Deutch 9 i 5 8 Fredric S. Cohen 11 6 13 Paul W. Marshall 2 7 10 Jacquelyn H. Ward 4 8 1 Mary E. Shunney 18 9 10 Jane P. Buckley 7 At large 4 Elizabeth M. Flynn 17 Total 76 83 Motion to reconsider Article 36 does not prevail. 9:23 P. M. Ephraim Weiss moved that Article 85 be taken up at this time which was declared carried by voice vote. 9:23 P. M. Article 85. Presented by Ephraim Weiss. MOTION: To instruct the Planning Board to appoint committees to study and make recommendations to the Planning Board concerning possible amendments to the Zoning By -Law, in at least each of the following areas: (a) sound; (b) artificial lighting; (c) odor and effluents into the atmosphere; (d) liquid and solid effluents; (e) signs; and to form and activate the committees without undue delay, so that the results of the studies can be made available to the Planning Board and interested citizens sufficiently early to permit the inclusion of articles in the next Annual Town Warrant. 9 :23 P. M. Eric T. Clarke stated that the Planning Board had no objections to this article. 9:29 P. M. After general discussion Paul A. Plasse moved the previous question which was declared carried by voice vote. 9:44 P. M. Main motion, as presented by Mr. Weiss. declared lost by voice vote. 9:45 P. M. Article 82. Presented by Ephraim Weiss. MOTION: That the Zoning By -Law of the Town be amended as follows: (See Pg. A. By adding a new subsection 24.7 as follows: 70) "24.7 All land within 100 feet on either side of the boundary between any Residential District and any other (non - Residential) District shall be designated a buffer zone for purposes of this section and all subsections thereto, except that no portion of any public way shall be included in the determination of the buffer zone." (Adj Tn. Mtg. - April 16, 1975.) Article 82. B_ By adding a new subsection 24.71 as follows: (Cont.) "24.71 Any restrictions specified in section 24.7 and any sub- sections thereto pertaining to land or other property in a buffer zone (as defined in section 24.7) may be modified by a special permit from the Board of Appeals; providing, however, that in considering the granting of such a permit, the principal criterion of the Board of Appeals shall be the preservation of the amenities of the residential. zone. The Board of Appeals may make other conditions in granting a special permit. A special permit granted under this subsection shall not be granted for a period in excess of five years, except when applied to subsections 24.72 and /or 24.73. "Any public review procedure held by any Town board whose decision on the matter has the force of law shall supercede applicability of all subsections of section 24.7 following 24.71 to the extent that said Town board refers to and includes consideration of the substances of the subsections superceded; providing any permission which is less restrictive than the provisions of subsections of 24.7 following 24.73 shall be subject to complete review by said board at intervals not in excess of five years, and in the absence of such review the less restrictive permission shall become void." 9:47 P. M. Eric T. Clarke filed the Report of the Planning Board covering Articles 82, 83 and 84 with the unanimous recommendation against acceptance of Articles 82, 83 and 84. 9:59 P. M. G. Richard Beamon moved the previous question which was declared carried by voice vote. 10:01 P. M. As the voice vote on the main motion was not unanimous, a standing vote was taken as follows: Precinct In Favor Tellers O pposed 1 3 Stephen W. Doran 5 2 0 Michael J. O'Sullivan 15 3 7 Joseph A. Campbell 9 4 3 John Deutch 9 5 5 Fredric S. Cohen 11 6 9 Paul W. Marshall 6 7 12 Jacquelyn H. Ward 2 8 0 Mary E. Shunney 16 9 3 Jane P. Buckley 13 At large 3 Elizabeth M. Flynn 15 Totals 45 101 Main motion, as presented by Mr. Weiss, does not prevail. 10:12 P. M. Martin V. Sussman served notice of reconsideration of Article 85. 10:12 P. M. Susan S. Beck served notice of reconsideration of Article 82 and moved for reconsideration now. 10:12 P. M. Paul V. Riffin moved the previous question which was declared carried by voice vote. 10:15 P. M. Eric T. Clarke stated that the Planning Board urged reconsideration of Article 82. 10:15 P. M. Voice vote, on Mrs. Beck's motion to reconsider Article 82, doubted, so a standing vote taken as follows: (A dj. Tn. Mtg. - April 16, 1975x) (Standing vote on Mrs. Beck's motion to reconsider Article 82 :) P recinct In Favor Tellers Opposed 1 7 Stephen W. Doran 3 2 4 Michael J. O'Sullivan 13 3 12 Joseph A. Campbell 4 4 9 John Deutch 4 5 10 Fredric S. Cohen 7 6 14 Paul W. Marshall 2 7 14 Jacquelyn H. Ward 0 8 4 Mary E. Shunney 13 9 9 Jane P. Buckley 8 At large 8 Elizabeth M. Flynn 13 Totals 91 67 Motion to reconsider Article 82, as presented by Mrs. Beck, prevails. 10:19 P. M. Article 82. Susan S. Beck presented the following substitute motion: (See MOTION: That the subject of buffer zones be referred to the Pg. 68 Planning Board for study and that the Planning Board report at the & 69.) next Annual Town Meeting. Carried Unanimously. 10:20 P. M. Article 83. Presented by Ephraim Weiss. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:20 P. M. Article 84. Presented by Ephraim Weiss. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:20 P. M. Article 85. (See Page 68.) Article 86. Presented by Roy Weinstein. MOTION: That the Town authorize the Conservation Commission to pur- chase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in a parcel of land in the vicinity of Wood Street and Hartwell Avenue, said parcel being a portion of the land described as Lot E on Certificate of Title 72175, in Land Registration Book 481, page 589 in the Middlesex South Land Registry District, and shown as Lot E on Land Court Plan 6686B, and specifically said parcel being a parcel of approximately 2 acres beginning at a point about 175 feet WEST of the terminus of Bates Road coincident with the most northeasterly point of the Larssen Property at 269 Wood Street, thence i SOUTHWEST by the Larssen Property and the Daudelin Property, about 200 feet; NORTHWEST through Lot E, about 550 feet; EAST along the south edge of the Boston Edison easement, about 240 feet; SOUTHEAST by Lot F on said Plan, about 420 feet; and that the sum of $10,000 be appropriated for such land acquisition, and that such sum be raised in the tax levy. 10:23 P. M. (Adj. Tn. M tg. - April 16, 1975.) Article 86. Alfred P. Tropeano and James E. Cosgrove are abstaining from voting (Cont.) on this article. Angela E. Frick moved to amend the motion by striking out the words: ...... "and the Selectmen be authorized to take by eminent domain, upon written request of the Conservation Commission .. ...... 10:40 P. M. Mrs. Frick, Chairman of the Conservation Commission, stated that the Commission supported the article as amended (if amendment adopted). 10:41 P. M. Motion to amend, as presented by Mrs. Frick, declared lost by voice vote. 10:47 P. M. Paul J. MacKenzie stated that the Planning Board was opposed to this article as presented and recommended defeat. 10:48 P. M. Joan P. Crothers moved for a roll call vote, but as less than fifty members stood in favor of the roll call vote, the motion did not prevail. 10:50 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:50 P. M. Edward E. Furash stated that the Appropriation Committee recommended unfavorable action on this article. 10 :55 P. M. Main motion, as presented by Mr. Weinstein, declared :Lost by a unanimous voice vote. 10:58 P. M. Article 87. Presented by Edward E. Furash. MOTION: That the sum of $800,000.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1975, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 10:58 P. M. Allan F. Kenney moved that the meeting be dissolved. Carried Unanimously. 10:59 P. M. A true copy. Attest: Mary R. McDonough, Town Clerk Joseph A. Campbell, 260 Marrett Road, (the son that was elected to a three year term on March 3, 1975) resigned as a Town Meeting Member from Precinct 3 on April 23, 1975. Guy D. Busa, 94 Spring Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 3 at the March 3, 1975 election, accepted a position as Town Meeting Member from Precinct 3 on April 29, 1975. Mr. Busa will fill the vacancy caused by the resignation of Joseph A. Campbell for a term of one year expiring in March 1976. Charles F. Gallagher, Jr., 118 Adams Street, a Town Meeting Member from Precinct 5, died on June 7, 1975. As there is no defeated candidate for Town Meeting Member in Precinct 5 available to fill the vacancy caused by Mr. Gallagher's death, it will be necessary to hold a Special Election for the existing Town Meeting Members of Precinct 5 only who will elect a member from the registered voters of Precinct 5. A special election for Town Meeting Members of Precinct Five ONLY is to be held in the Town Clerk's Office, Town Office Building, Wednesday, July 9, 1975 at 6:45 P. M.