HomeMy WebLinkAbout1976-03-01- to 1976-05-03-ATM-min ANNUAL TOWN MEETING - MARCH 22, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:03 P. M. in Cary Memorial Hall.
There were 189 Town Meeting Members present.
The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the
Church of Our Redeemer. 8 :05 P. M.
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 Committee be accepted and placed on
file. 8:08 P. M.
Mr. Furash stated that if the committee's recommendations were
followed, a tax rate of somewhat over $75.00 was forecast.
8:08 P. M.
Motion, as offered by Mr. Furash, declared carried unanimously.
8:10 P. M.
George S. Silverman, Chairman of the Capital Expenditures Committee,
moved that the report of the Capital Expenditures Committee be
accepted and placed on file.
Carried Unanimously. 8:13 P. M.
Levi G. Burnell, Jr., Chairman of the Cary Lecture Committee, moved
that the report of the Committee on Cary Lectures be accepted and
placed on file and the Committee discharged.
Carried Unanimously. 8:14 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, asked that
the Town Manager be recognized in order to file his article report.
Town Manager, Walter C. O'Connell, presented the Status Report on 1975
Open Articles. 8.15 P. M.
Mr. Kassler moved that the Status Report:, as presented by the Town
Manager, be accepted and placed on file.
Carried Unanimously. 8:15 P. M.
In response to a question by Joan P. Crothers regarding a report
from the Regional Refuse Committee, Moderator Cole stated, as the
appointing authority, he would contact the committee members in
reference to their report. 8 :15 P. M.
Article 3. Presented by Howard M. Kassler.
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 :16 P. M.
j ( Annual Town Meeting - March 22, 1976)
Article 4. Presented by Howard M. Kassler,
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer is
indicated they shall be provided by such a transfer.
8:17 P. M.
Mr. Kassler gave an explanation of the increases in the different
accounts. 8 :50 P. M.
Patricia A. Swanson, Chairman of the School Committee, stated that
the School Department Budget, Line Item #7920 would be tabled until
negotiations have been completed. 8:50 P. M.
The Moderator read the following line items:
Selectmen's Department
#1000 Personal Services 47,377.
1050 Expenses 7,245.
8:50 P. M.
Town Manager's Office
1060 Personal Services 70,084.
1065 Expenses 2,200.
8:51 P. M.
Town M anager's Jurisdiction
1070 Temporary Help & Overtime 24,750.
1075 Clerical Pool 7,529.
1080 Office Furniture & Fixtures 2,000.
1090 Professional Services 21,000.
1125 Fire & Police Medical 4,800.
1130 Director of Guides 1,000.
1135 Out -of -State Travel 4,000.
1141 Tuition & Training Fees 11,500.
1142 In -State Travel 10,000.
8:52 P. M.
Selectmen's Jurisdiction
1146 Sub Committees and Services 17,300.
1148 Safety Program 1,000.
8:52 P. M.
Town Clerk's Department
1150 Personal Services 45,033.
1200 Expenses 1,425.
1250 vital Statistics 350.
8:52 P. M.
Personnel Department
1300 Personal Services 22,627.
1350 Expenses 5,450.
8 :52 P. M.
Board of Appeals
1500 Personal Services 9,286.
1550 Expenses 3,209_
8:53 P. M.
Planning Board
1600 Personal Services 48,862.
1650 Expenses 4,705.
8:53 P. M.
(Annual Town Meeting - March 22, 1976)
Article 4. Insurance
(Cont.) �-
41700 Group (See Page 130) 375,000.
Howard M. Kassler moved to table Line Item 41700.
Carried Unanimously. 8 :55 P. M.
1750 Municipal Property & Workmen's Comp. 235,000.
8:55 P. M.
Print Town Report
i
1760 Expenses 10,000.
8:56 P. M.
Law Department
1775 Fees 38,000.
1800 Expenses 12,000.
8:56 P. M.
Elections
1900 Selectmen Jurisdiction 12,605.
1950 Town Clerk Jurisdiction 1.7,025.
8:56 P. M.
Board of Registrars
2000 Personal Services 6,350.
2050 Expenses 7,000.
8:56 P. M.
Appropriation Committee
2250 Expenses 3,800.
2370 Misc._Committees, Boards Expenses 2,600.
2380 Council on Aging Expenses 7,130.
2400 Town Celebrations Committee Expenses 5,500.
8:57 P. M.
Historic Districts Commission
2450 Expenses 1,900.
8:57 P. M.
Conservation Commission
2460 Expenses 4,585.
8:57 P. M.
Recreation Committee
2470 Personal Services 76,148.
2480 Expenses 24,850.
8:58 P. M.
Treasurer /Collector's Department
2500 Personal Services 64,086.
2525 Expenses 10,585.
2575 Foreclosure & Redemption 1,500.
8:58 P. M.
Comptroller's Department
2800 Personal Services 83,731.
2850 Expenses 3,900.
2860 Revenue Sharing Administration 500.*
*To which the sum of $500. in available and anticipated
P.L. 92 -512 funds (Federal Revenue Sharing Funds) is
to be applied.
8:59 P. M.
(Annual Town Meeting —March 22, 1976)
Article 4. Comptro Jurisdiction
(Cont.)
2925 Office Machines- Capital Outlay 5,500.
2930 Office Machines - Maint. & Repair 7,400.
2935 Office Services-Copier Supplies 7,700.
2940 Metered Mail 22,250.
8:59 P. M_
Assessors' Department
2950 Personal Services 51,698.
3000 Expenses 7,900.
9 P. M.
Health Department
3250 Personal Services 34,834.
3300 Expenses 10,170.
3310 Mystic valley Mental Health 30,033.
3320 Tri Community Health Services 6,828.
3450 Rabies Clinic 2,350.
9 P. M.
Health Jurisdiction -Dog Officer
3500 Personal Services 14,054.
3550 Expenses 3,650.
9 P. M.
Police Department
3760 Police Dept. Management and Staff -Pers. Serv. 307,234.
(of which $13,000. is to be transferred from
the Parking Meter Fund)
3770 Police Dept. Collective Bargaining Unit- Per. Serv. 671,454.
3800 Expenses 118,600.*
*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)
9:01 P. M.
Fire Department
4110 Fire Department Management and Staff -Pers. Serv. 30,564.
4120 Fire Dept. Collective Bargaining Unit -Pers. Serv. 859,613.
4150 Expenses 60,500.
4200 Ambulance Maintenance 1,775.
9:02 P. M.
Local Disaster Services
4300 Personal Services 1,500.
4350 Expenses 1,000.
9:02 P. M.
Inspection Department
4450 Personal Services 47,262.
4500 Expenses 1,225.
9:02 P. M.
Pu blic Works Department
4900 D.P.W. Collective Bargaining Unit -Pers. Serv. 912,219.*
*(o£ which $11,000.00 is to be transferred
from the Westview Perpetual Care Fund)
9:03 P. M.
(Annual Town Meeting - March 22, 1976)
Article 4. Director of Public Work Office
(Cont.)
#4950 Public Works Mgt. and Staff Pers. Serv. 271,110.
5000 Expenses 8,300.
9.03 P. M.
Engineering Department
5100 Personal Services 189,814.
5150 Expenses 3,950.
9:03 P. M.
Town Buildings Maintenance
5200 Personal Services 49,640.
5250 Expenses 121 000.
9:,03 P. M.
Highway Maintenance
5400 Expenses 116,590.
(Of which $8,000.00 is to be transferred
from the Parking Meter Fund)
9:03 P. M.
Road Machinery
5450 Expenses 126,720.
9:04 P. M.
Snow Removal
5500 Expenses 109,000.
(Of which $5,000.00 is to be transferred
from the Parking Meter Fund)
9:08 P. M.
Traffic Regulations & Street Signs
5550 Expenses 19,350.
9:08 P. M.
Street Lights
5600 Expenses 175,000.
9:08 P. M.
Sewer Maintenance & Services
5700 Expenses 44,660.
9:08 P. M.
Garbage Collection
5800 Contract 86,000.
9:08 P. M.
Sanitary Land Fill
5850 Expenses 60,000.
9:08 P. M.
Water Maintenance & Services
5900 Expenses 41,585.
9:08 P. M.
Park
6000 Expenses 33,860.
9:08 P. M.
(Annual Town Meeting - March 22, 1976)
Article 4. Insect Supp ression
(Cont.)
#6050 Expenses 8,740.
9:08 P. M.
Shade Tree
6100 Expenses 10,685.
9:08 P. M.
Dutch Elm Disease
6150 Expenses 4,455.
9:12 P. M.
Cemeteries
6400 Expenses 5,415.
9:13 P. M.
Veterans' Benefits
7100 Personal Services 8,031.
7150 Administration 150.
7200 Aid & Expenses 50,000.
9 :13 P. M.
Craves
7250 Expenses 400.
9:13 P. M.
Soldiers' Burials
7300 Expenses 250.
9:13 P. M.
Cary Memoria Lib rary
7500 Personal Services 336,057.
7550 Expenses 1.31,585. **
*11,957.25 is also available as State Aid to Libraries.
* *Of which $6,030.49 is to be transferred from the County
Dog License Fees.
9:13 P. M.
Board of Retirement
7800 Contributory Pension Fund 472,192.
7825 Non - Contributory Pension 153,500.
7850 Expenses 3,200.
9:25 P. M.
Public Schools
Patricia A. Swanson moved to table Line Item ,#7920.
Carried Unanimously. 9:26 P. M.
(See Page 140.)
f
Regional Voc. Tech. High Sch
8100 Reg. Voc. Tech, assessment 505,952.
9:25 P. M.
(Annual Town Meeting - March 22, 1976)
Article 4. Debt Payment
(Con t. )
#8500 Interest on Debt 285,995.
8525 Interest on Anticipation Loans 60,500.
8550 Maturing Debt- 1,395,000.
9:26 P. M.
After general discussion, Article 4, as presented by Howard M.
Kassler, with the exception of Line Items #1700, and 7920, declared
�m
carried unanimously. 9:41 P. M.
(For Line Item #1700 - See Page 130)
(For Line Item 47920 - See Page 130 & 140)
Article 5. Howard M. Kassler moved that Article 5 be tabled.
Carried Unanimously. 9:42 P. M.
(See Page 130) (See Page 140 & 141.)
Article 6. Presented by Howard M. Kassler.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:42 P. M.
Article 7. Presented by Fred C. Bailey.
MOTION: That the sum of $11,990.17 be appropriated to pay the
following unpaid bills rendered to the Town for the prior year:
City of Boston 19.80
587.40
Carrel School 3,330.00
Children's Ctre. 935.00
Dare Inc. 5,228.77
Dr. Gascon 50.00
Dr. Joseph 40.00
Kennedy Memorial Hospital 122.00
50.00
138.00
137.00
50.00
73.50
171.50
Lexington Ped. Assoc. 79.20
McLean Hospital 167.00
20.00
246.00
MIND 140.00
1. 355.00
Dr. Weiss 50.00
and that such sum be raised in the tax levy.
9:43 P. M.
Edward E. Furash stated that he would abstain from voting on this
article as he is a director of one of the institutions.
Motion, as presented by Mr. Bailey, declared carried unanimously.
9:45 P. M.
Article 8. Presented by Edward E. Furash.
MOTION: That the sum of $150,000 be appropriated for the Reserve
Fund and to raise such amount $150,000.00 be transferred from the
Reserve Fund - Overlay Surplus.
Carried Unanimously. 9:46 P. M.
(Annual Town Meeting - March 22, 1976)
Article 9. Presented by Fred C. Bailey.
MOTION: That the Board of Selectmen be authorized to petition the
Director of Accounts of the State for an audit for the current
fiscal year.
Carried Unanimously. 9:47 P. M.
Article 10. Presented by Otis S. Brown, Jr.
MOTION: That the sum of $11,957.25 received in 1976 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. 9:47 P. M.
Article 11. Presented by Howard M. Kassler.
MOTION: That the Selectmen be and they hereby are authorized to
clean and maintain streams and brooks in the Town, and to appropriate
therefor the sum of $15,000.00, and that such amount be raised in
the tax levy.
Carried by voice vote. 9 :53 P. M.
Article 12. Presented by Fred C. Bailey.
MOTION: That the sum of $50,000.00 be appropriated for sewers and
sewerage systems to be used in conjunction with the sums appropriated
under Article 74 of the warrant for the 1968 Annual Town Meeting
and Article 4 of the January, 1971 Special Town Meeting, and that
such amount be transferred from the Excess and Deficiency Account.
Carried Unanimously. 9 :55 P. M.
Article 13. Presented by Fred C. Bailey.
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 1977 Annual Town
Meeting.
Carried Unanimously. 9:55 P. M.
Article 14. Presented by Fred C. Bailey.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 9:56 P. M.
Article 15. Presented by Fred C. Bailey.
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, 1976, 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. 9:57 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 $8,000.00, and that such amount be
raised in the tax levy.
Carried Unanimously. 9:57 P. M.
(Annual Town Meeting - March 22, 1976)
Article 17. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install drains in such accepted or unaccepted streets or other land
as the Selectmen may determine, including the widening, deepening
or altering the course of brooks, streams and water courses and
the construction of new channels in said other land, in accordance
with Chapter 263 of the Acts of 1926, as amended, or otherwise, and
to take by eminent domain, purchase or otherwise acquire any fee,
easement or other_ interest in land necessary therefor; and to
appropriate the sum of $38,700.00 for such installation and land
acquisition, and that to raise such amount $4,800.00 to be
transferred from the unexpended balance of the amount appropriated
under Article 38 of the warrant for the 1974 Annual Town Meeting,
$7,500.00 be transferred from the unexpended balance of the amount
appropriated under Article 30 of the warrant for the 1975 Annual
Town Meeting and $26,400.00 be raised in the tax levy.
Carried Unanimously. 9:59 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 un-
accepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise, and to take
by eminent domain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; and to appropriate
the sum of $24,000.00 for such installation and land acquisition,
and that to raise such amount, $2,000.00 be transferred from the
unexpended balance of the amount appropriated under Article 46 of
the warrant for the 1972 Annual Town Meeting and $22,000.00 be
raised in the tax levy.
Carried Unanimously. 10 P. M.
Article 19. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
construct concrete, bituminous concrete or other sidewalks, at
such locations as they shall. determine, where the abutting owner
pays one -half of the cost or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other
interest in land and to appropriate the sum of $27,000.00 for such
construction and land acquisition, and that such amount be raised
in the tax levy.
Carried Unanimously. 10:02 P. M.
Article 20. Presented by Fred C. Bailey.
MOTION: That the Selectmen be and they hereby are authorized to
install sewer mains and sewerage systems in such accepted or
(As unaccepted streets or other land as the Selectmen may determine,
adopted.) 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 $350,500.00 therefor
and that to raise such amount $251,200.00 be transferred from
available and anticipated P.L. 92 -512 funds (Federal Revenue
Sharing Funds), $6,000.00 be transferred from the Sale of Real
Estate Lots Account, $93,300.00 be raised in the tax levy.
10:03 P. M.
Written notices were received from Frank Michelman and William T.
Spencer stating that they would abstain from voting on this motion.
Joan P. Crothers moved to postpone Article 20 until after Article
25 has been acted upon. This motion was declared lost by voice
vote. 10:20 P. M.
�. ._�._ ,�. -- _ . ... . ., ..
(Annual Town Meeting - March 22, 1976)
Article 20. John J. McWeeney moved to amend the motion by deleting the sewer on
(Cont.) Waltham Street. 10:21 P. M.
In order to check Mr. McWeeney's amendment, the Moderator called a
recess at 10:22 P. M.
The Moderator called the meeting to order at 10:35 P. M. and read
Mr_. McWeeney's substitute motion as follows:
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 $232,500.00 therefor
and that to raise such amount $232,500.00 be transferred from
available and anticipated P.L. 92 -512 funds (Federal Revenue
Sharing Funds). 10:37 P. M.
John Deutch moved the previous question. 10:47 P. M.
Ephraim Weiss moved that the main motion and the amendment be
tabled, which was lost by voice vote. 10:47 P. M.
Previous question, as moved by Mr. Deutch, declared lost by voice
vote. 10:48 P. M.
The Moderator declared that time for debate was over and took a
vote on Mr. McWeeney's motion to amend, which was declared lost by
voice vote. 10:48 P. M.
Ephraim Weiss moved to postpone action on Article 20 until after
action on Article 21. 11 P. M.
Voice vote on Mr. Weiss's motion was doubted, so a standing vote
was taken as follows:
Pr ecinct In Favor T ellers Opposed
1 6 Barry E. Sampson 7
2 6 Lillian T. MacArthur 1.0
3 7 Joseph A. Campbell 11
4 5 Joseph 0. Rooney 7
5 11 George F. McCormack 8
6 7 Levi. G. Burnell 9
7 14 Jacquelyn H. Ward 3
8 7 Mary E. Shunney 12
9 13 Stduphen Michael Politi 3
At Large 8 Howard L. Loving -ton 18
Totals 84 88
Motion to postpone, as offered by Mr. Weiss, declared lost.
11:04 P. M.
Frank Sandy moved to refer Article 20 to Selectmen with instructions
to prepare a motion divisible by streets.
11:05 P. M.
Joseph 0. Rooney moved the previous question which was declared .
carried by voice vote. 11:12 P. M.
Motion to recommit, as offered by Mr. Sandy, declared lost by voice
vote. 11:12 P. M.
Main motion, as presented by Fred C. Bailey, declared carried by
voice vote. 11 :13 P. M.
(Annual Town Meetin - March 22, 1976)
Allen Lee Whitman, Jr. serves notice of reconsideration of Article 20.
11:13 P. M.
Howard M. Kassler moved that the meeting be adjourned to Wednesday, March
24, 1976 at 8 P. M. in Cary Memorial Hall.
Carried Unanimously. 11:13 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
....... ..... , .. .......
ADJOU T MEETING - MARCH 24, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:05 P. M. in Cary Memorial Hall.
There were 182 Town Meeting Members present.
The invocation was offered by Rev. Theodore Stylianopoulos, Pastor of
St. Nicholas Greek Orthodox Church. 8:07 P. M.
Article 2. Edward E. Furash, Chairman of the Appropriation Committee, gave a
detailed explanation of the impact on the tax rate due to the decrease
of $608,724.00 in estimated receipts as shown on the Cherry Sheet
from the Commonwealth of Massachusetts received this week. He said
that this would mean that $2.20 would be added to the tax rate and
the estimated rate would be $77.40.
8 :17 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, gave tentative
dates for the upcoming adjourned sessions of the 1977 Annual Town
Meeting as follows: Monday, March 29; Wednesday, March 31; Monday,
April 5; Wednesday, April 7; Monday, April 12. If the sessions go
beyond this, there might have to be a lapse of a week or two because
of religious holidays and school vacation week.
8:20 P. M.
Richard A. Michelson requested that Rev. Harold T. Handley be
recognized to present the report of the Common Rededication Committee.
Rev. Handley presented the report of the Common Rededication
Committee which was voted to be accepted and placed on file and the
committee discharged. 8:23 P. M.
Article 21. Fred C. Bailey moved that this article be tabled.
Carried by voice vote. 8:29 P. M.
(See Page 124)
Article 22. Presented by Fred C. Bailey.
MOTION: That the Selectmen be and they hereby are authorized to
install trunk sewers in the Constitution 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
$13,000.00 therefor, and that such amount be raised in the tax levy.
8:30 P. M.
Mr. Bailey stated that Article 21 would be brought up on April S.
8:32 P. M.
Motion, as presented by Mr. Bailey, declared carried unanimously.
8:33 P. M.
Article 23. Presented by Fred C. Bailey.
MOTION: That this article be indefinitely postponed.
8:34 P. M.
Wiltrud R. Mott -Smith asked why this article was being postponed and
how much has been done on Hayes Lane. 8:35 P. M.
Mr. Bailey said that it was being put off until after the completion
of the infiltration study. 8:35 P. M.
Motion for indefinite postponement declared carried unanimously.
8 :35 P. M.
(Adjourned Town Meeting - Marc 24, ].976)
Article 24. Presented by Fred C. Bailey.
MOTION: That the sum of $98,300.00 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the
Department of Public works, and that such amount be transferred from
available and anticipated P.L. 92 -512 funds (Federal Revenue Sharing
Funds). 8:36 P. M.
Paul J. MacKenzie moved to amend Article 24 to substitute the amount
requested by the amount of $52,300. This motion was declared lost
by voice vote. 8:52 P. M.
Motion, as presented by Mr. Bailey, declared carried by voice vote.
8:52 P. M.
Article 25. Presented by Howard M. Kassler.
MOTION: That the sum of $20,000 be appropriated for engineering
services for an inflow infiltration study of the Town's Sewer system,
that such amount be raised in the tax levy, and that the Selectmen
are authorized to apply for and accept any state and federal aid
which may be available for the project and expend such aid for the
project.
Carried by voice vote. 9:03 P. M.
Article 26. Presented by Fred C. Bailey.
*Motion MOTION: That the sum of $60,000.00 be appropriated for highway
as construction under authority of Chapter 90 of the General Laws
amended for all or any part of the section of Hancock Street from Harrington
below. Road to Adams Street, and that such amount be raised in the tax levy.
9:03 P. M.
Martin V. Sussman served notice of reconsideration of Article 24.
9:08 P. M.
Article 26. William T. Spencer moved to amend the original motion under Article
(Cont.) 26 by adding the following sentence:
"It is the sense of Town Meeting that the design to be used should
be a 26 foot wide roadway with granite curbing."
9:09 P. M.
Mr. Bailey stated that the Board of Selectmen had no objection to
Mr. Spencer's amendment. 9:13 P. M.
After questions regarding underground wiring, Mr. Bailey stated that
the cost would be too high but that this could be brought out at the
public, hearing. 9:18 P. M.
Motion to amend, as offered by Mr. Spencer declared carried
unanimously. 9:19 P. M.
Amended motion now reads:
Motion MOTION: That the sum of $60,000.00 be appropriated for highway
as construction under authority of Chapter 90 of the General Laws for
Amended 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.
It is the sense of Town Meeting that the design to be used should be
a 26 foot wide roadway with granite curbing.
Motion, as amended, declared carried unanimously. 9:19 P. M.
__ ..,, . < .. .. .. ..,....... , < .....,.. .,._ ... ., .. „- ,,. .. ,.. .. ..,..- , < .,.... _ � . ..... .. ... . ....... .. ._ .. _ ro.„.I . , .. .u., .. ., .. �, . ,..ten
(Adj ourned Town Meeting - March 24, 1976)
Article 27. Presented by Fred C. Bailey.
MOTION: That the sum of $6,000.00 be appropriated for highway
maintenance under the authority of Chapter 90 of the General Laws,
and that such amount be raised in the tax levy.
Carried by voice vote. 9:23 P. M.
Article 28. Presented by Howard M. Kassler.
MOTION: That the sum of $25,000.00 be appropriated for engineering
services for a comprehensive drainage study of the Town, and that
such amount be raised in the tax levy.
9:23 P. M.
Mr. Kassler stated that $25,000.00 would be asked for in each of the
next five years.
Albert P. Zabin stated that .the ;Planning Board supported this
article. 9:33 P. M.
Angela E. Frick stated that the Conservation Commission supported
this article. 9:40 P. M.
After general discussion, John Deutch moved the previous question
which was delcared carried by voice vote.
9:56 P. M.
Motion, as presented by Mr. Kassler, declared carried by voice vote.
9:56 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 such amount be transferred from
Westview Cemetery Sale of Lots Fund.
9:57 P. M.
In response to a question by Paul J. MacKenzie, Mrs. Battin said
that there were no plans being made for a crematorium.
10 P. M.
Motion, as presented by Mrs. Battin, declared carried unanimously.
10 P. M.
Article 30. Eric T. Clarke moved to take up Article 30 after Article 91.
Carried Unanimously.' 10:02 P. M.
(See Page 137)
Article 31. Presented by Mary W. Miley.
(See MOTION: That the sum of $20,000.00 be appropriated for constructing
substitute a drain in the Estabrook School parking area, and that such amount
motion be raised in the tax levy.
below.) 10:02 P. M.
Allen Lee Whitman, Jr. presented the following substitute motion:
(Motion MOTION: That the sum of $10,000. be appropriated for the construction
as of drainage improvements to the Estabrook School parking area, that
passed.) plans for this project be approved by the Conservation Commission
before construction is started, and that such amount be raised on
the tax levy.
Motion to substitute declared carried by voice vote. 10:17 P.M.
Motion as substituted declared carried by voice vote. 10:17 P. M.
(Ad journed Town Meeting held Mar 24, 1976)
Article 32. Alfred S. Busa moved to table Article 32.
Carried Unanimously 10:15 P. M.
(See Page 123)
Article 33. Presented by Howard M. Kassler.
MOTION: That the sum of $15,000.00 be appropriated, in addition to
money previously appropriated, for a revaluation of all taxable
property in the Town, and that such amount be raised in the tax levy.
10:19 P. M.
John F. Downey, Jr. moved to amend Article 33 by striking the
figure $15,000. and replace it with $1,000. This motion was
declared lost by voice vote. 10:24 P. M.
Motion, as presented by Mr. Kassler, declared carried by voice vote.
10:24 P. M.
Article 34. Presented by Mary W. Miley.
MOTION: That the sum of $25,000.00 be appropriated for the in-
stallation of traffic control signals at the intersection of
Waltham Street and Worthen Road, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor, including the right of way from Waltham
Street to Bushnell Drive over Lot 10 shown on a plan entitled "Plan
of Land in Lexington, Mass." by Albert A. Miller and Wilbur C.
Nylander, Civil Engineers and Surveyors, dated January 2, 1970 and
recorded with Middlesex South District Registry of Deeds, Book
11795 at end; and to appropriate for such installation and land
acquisition the sum of $25,000.00 therefor, and that such amount be
raised in the tax .Levy.
Carried Unanimously. 10:32 P. M.
Article 35. Presented by Mary W. Miley.
MOTION: That the sum of $10,000.00 be appropriated for the
installation of traffic control signals on Massachusetts Avenue at
the Munroe School, and that such amount be raised in the tax levy.
10:33 P. M.
After general discussion, Gerald L. Abegg moved the previous
question, which was declared carried by voice vote.
10:37 P. M.
Motion, as presented by Mrs. Miley, declared carried by voice vote.
10:37 P. M.
Article 36. Presented by Mary W. Miley.
MOTION: That the sum of $5,000.00 be appropriated for upgrading
the traffic control signals at the intersection of Bedford Street
and Worthen Road by installing a pedestrian crossing signal, and
that to raise such amount $3,653.93 be transferred from the unexpended
balance of the amount appropriated under Article 41 of the warrant
for the 1972 Annual Town Meeting and $1,346.07 be raised in the tax
levy.
Carried Unanimously. 10:40 P. M.
Article 37. Presented by Eric T. Clarke.
MOTION: That the sum of $4,000.00 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
(Adjourned Town Meeting - March 24, 1976)
Article 37. Control Law, of a greater width or size than would be required to
(Cont.) 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. 10:46 P. M.
Article 38. Presented by Howard M. Kassler.
MOTION: That the sum of $7,000.00 be appropriated for improvements
at the Harrington School ball field, and that such amount be raised
in the tax levy.
10:47 P. M.
(See Page 105)
Arthur C. Smith moved that the meeting be adjourned to Monday, March 29, 1976
at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:.48 P. M.
A true copy:
Attest:
c �
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - M ARCH 29, 1 976
The meeting was called to order in Cary Memorial Hall by the Moderator,
Lincoln P. Cole, Jr. at 8:09 P. M.
There were 188 Town Meeting Members present.
The invocation was offered by Monsignor Martin U. McCabe, Pastor of the Sacred
Heart Church. 8:11 P. M.
The Moderator stated that the meeting is still open on Article 38.
Article 38. Howard M. Kassler read the motion that he had presented under Article
38 at the March 24, 1976 Adjourned Town Meeting as follows:
(See MOTION: That the sum of $7,000.00 be appropriated for improvements
Page at the Harrington School ball field, and that such amount be raised
104) in the tax levy.
8:12 P. M.
Daniel P. Busa, Chairman of the Recreation Committee, gave an
explanation of this article. 8:19 P. M.
Motion, as presented by Mr. Kassler, declared carried by voice vote.
8:20 P. M.
Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that
the Supplemental Report of the Appropriation Committee, covering
Conservation articles, be accepted and placed on file.
Carried Unanimously. 8:21 P. M.
Article 39. Presented by Howard W. Kassler.
(See MOTION: That the sum of $7,000.00 be appropriated for engineering
below services to study the feasibility of renovating the Center Pool and
for for preliminary plans for such renovation, and that to raise such
motion amount $7,000.00 be transferred from the Reserve Fund- Overlay Surplus.
as 8:21 P. M.
adopted)
Walter C. O'Connell, Town Manager, went into the background and the
need for the renovation of the Center Pool.
8:26 P. M.
Julian J. Bussgang moved to amend the motion in line 2 after "services
to study" by adding ", under general supervision of the Permanent
Building Committee, ". 8:27 P. M.
Howard M. Kassler stated that this was the intent of the the Board
of Selectmen and that they agreed with this amendment.
8:28 P. M.
Motion to amend, as offered by Mr. Bussgang, declared carried
unanimously. 8:28 P. M.
Motion as amended now reads:
(Motion MOTION: That the sum of $7,000.00 be appropriated for engineering
as services to study, under general supervision of the Permanent Building
adopted) Committee, the feasibility of renovating the Center Pool and for
preliminary plans for such renovation, and that to raise such amount
$7,000.00 be transferred from the Reserve Fund- Overlay Surplus.
Motion, as presented by Mr. Kassler, and as amended by Mr. Bussgang,
declared carried unanimously. 8:35 P. M.
(Adjourned Town Meeting - March 29, 1976)
The Moderator introduced Miss Evelyn Murphy, Secretary of Environmental
Affairs and member of the Governor's Cabinet, who was sitting -in the balcony.
Miss Murphy is a resident of Lexington. 8:36 P. M.
Article 40. Presented by Howard M. Kassler.
(See MOTION: That the sum of $32,000.00 be appropriated, in addition
below to money previously appropriated, for lighting the baseball field
for at the Center playground, and that such amount be raised in the
adopted tax levy. 8:36 P. M.
motion)
Daniel P. Busa, Chairman of the Recreation Committee, stated that
this item is the number one priority of his committee. 8:38 P. M.
Arthur C. Smith presented a substitute motion as follows:
(Sub. MOTION: To recommit the subject of this article to the Recreation
motion Committee for further study and to transfer the unexpended balance
as remaining in Article 35 of the 1975 Town Meeting to the Reserve
adopted) Fund - Overlay Surplus. 8:52 P. M.
Eric T. Clarke stated that the Planning Board opposes the main
(see motion. 9 P. M.
Page
121) In answer to a question by William J. Scouler, James Dhimos, a
member of the Recreation Committee, stated that alternate sights
considered for lighting were far removed from residences -
Harrington, Fiske and Bowman Schools. 9 :05 P. M.
Voice vote on Mr. Smith's substitute motion was doubted, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Frieda Bisberg 11
2 10 Rena W. Abelmann 8
3 11 Shirley A. Byrne 8
4 10 Katherine G. Fricker 5
5 14 Judith K. Patkin 4
6 11 Susan S. Beck 7
7 16 Jacquelyn H. Ward 3
8 7 Mary E. Shunney 12
9 9 Joan N. L. Collins 10
At large 7 Patricia K. Hagedor_n 15
101 83
Motion to recommit, as presented by Mr. Smith as a. substitute motion,
is adopted. 9:11 P. M.
Sheila M. Busa serves notice of reconsideration of Article 40. 9:11 P. M.
Article 41. Presented by Howard M. Kassler.
MOTION: That the sum of $50,000.00 be appropriated for the con-
struction of four tennis courts at Diamond Junior High School,
and that such amount be raised in the tax levy.
9 :12 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, stated
that the Appropriation Committee is not in favor of this article.
9:27 P. M.
Eric T. Clarke speaks in favor of the article on behalf of the
Planning Board. 9:28 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
oppose this article. 9:33 P. M.
James M. McLaughlin moved the previous question which was declared
carried by voice vote. 9:37 P. M.
Main motion, as presented by Mr. Kassler_, declared lost by voice
vote, 9:38 P. M.
(Adjourned Town Meeting - March 29, 1976)
Paul Riffin served notice of reconsideration of Article 41. 9:39 P. M.
(See Page 124)
Article 42. Allen Lee Whitman, Jr. moved to table Article 42.
Carried Unanimously. 9:40 P. M.
(See Page 115)
Article 43. Presented by Howard M. Kassler.
MOTION: That the Center Playground tennis courts be designated
and known as the Charles F. Gallagher, Jr. tennis courts.
Carried Unanimously. 9:41 P. M.
Article 44. 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 42A on Assessors' Property Map 14
and described in deed recorded in Middlesex South Registry of
Deeds, Book 6875, page 291, now or formerly of the Estate of
Margaret West, that the sum of $28,800.00 be appropriated for such
land acquisition, and that such amount be transferred from the
appropriation voted under Article 40 of the warrant for the 1975
Annual Town Meeting.
9:43 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
favor this article. 9:49 P. M.
Carried Unanimously. 9:50 P. M.
Article 45. 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 132 on Assessors' Property Map 24, now
or formerly of Joseph F. Chabot; that the sum of $8,000.00 be
appropriated for such land acquisition, and that such amount be
raised in the tax levy.
9:50 P. M.
Edward E. Furash stated that the Appropriation Committee is in
favor of taking this land. They feel that it would be better to
take all the land for general town purposes and then turn the land
over to the Conservation Commission at a later date for conservation
purposes. 9:53 P. M.
Mr. Williams stated that the gift from Chabot is to be used only for
conservation purposes. 9:53 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
favor this article. 9 :53 P. M.
Motion, as presented by Mr. Williams, declared carried unanimously.
9:53 P. M.
Article 46. Angela E. Frick moved to table Article 46.
Carried Unanimously. 9:55 P. M.
(See Page 141)
( Adjourned Town Meeting - March 29, 1976)
Article 47. Presented by Francis W. K. Smith.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation as
provided by Section 8C of Chapter 40 of the General Laws, any fee,
easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws or other interest in all or any part
of land shown as Lot 69 on Assessors' Property Map 24, and described
in deed recorded in Middlesex South Registry of Deeds, Book 10502,
Page 452, now or formerly of Louis, Fred and Charles Ricci; that the
sum of $93,750.00 be appropriated for such land acquisition, and
that such amount be transferred from the appropriation voted under
Article 40 of the warrant for the 1975 Annual Town Meeting.
9:55 P. M.
Planning Board unanimously favors passage of this article. 10.06 P.M.
Howard M. Kassler stated that the Board of Selectmen unanimously
favor this article. 9:58 P. M.
Carried Unanimously. 10:12 P. M.
Article 48. Presented by Angela E. Frick.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation
as provided by Section 8C of Chapter 40 of the General Laws, any fee,
easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws or other interest in all or any part
of land shown as Lot ].1 on Assessors' Property Map 16 and described
in deed recorded in Middlesex South Registry of Deeds, Book 8857,
Page 299, now or formerly of Bonny's Landscape Service, Inc., that
the sum of $198,700.00 be appropriated for such land acquisition,
and that such amount be transferred from the appropriation voted
under Article 40 of the warrant for the 1975 Annual Town Meeting.
10:13 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
favor this article. 10:15 P. M.
Carried Unanimously. 10:15 P. M.
Article 49. 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 108 on Assessors' Property Map 63 now or formerly of
John D. Chiesa, Jr. and described in Document No. 238519, filed with
Certificate of Title No. 69422 in Middlesex South Land Registry, Book
463, Page 389, that the sum of $92,250.00 be appropriated for such
land acquisition, and that such amount be transferred from the
appropriation voted under Article 40 of the warrant for the 1975
Annual Town Meeting.
10:18 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
favor passage of this article. 10:20 P. M.
Carried Unanimously. 10:22 P. M.
Article 50. Presented by Angela E. Frick.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:23 P. M.
(Adjourned Town Meeting - March 29, 1976)
Article 51. Presented by Angela E. Frick.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10 :23 P. M.
Article 52. Presented by Manfred P. Friedman.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town a conservation easement in all or any
part of land shown as Lot 68 on Assessors' Property Map 66, from
Vincent N. Bellizia.
Carried by voice vote. 10:29 P. M.
Article 53. Presented by Manfred P. Friedman.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town a license to use for conservation
purposes all or any part of land shown as Lot 67 on Assessors'
Property Map 66, from Boston Edison Company.
Carried Unanimously. 10:29 P. M.
Article 54. Presented by Manfred P. Friedman.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town a license to use for conservation
purposes all or any part of land shown as Lot 66 on Assessors'
Property Map 59, from Boston Edison Company.
Carried Unanimously. 10:30 P. M.
Article 55. Presented by Howard M. Kassler.
MOTION: That the Selectmen be authorized to purchase, take by
eminent domain or otherwise acquire for road and compensatory water
(See storage purposes all or any part of the land shown as Lots 7 and 8
Page on Assessors' Property Map 73, now or formerly of the Estate of
111 Joseph Goodwin (Middlesex Probate Court 4441107); and to appropriate
for the sum of $25,000.00 therefor, and that such amount be raised in
adoption) the tax levy.
10:30 P. M.
Sheila M. Busa moved that this article be indefinitely postponed.
10:43 P. M.
Mr. Furash stated that the Appropriation Comm. favors this article.
Charles H. Cole, 2nd moved the previous question which was declared
carried by voice vote. 10 :48 P. M.
Motion to indefinitely postpone Article 55, as presented by Sheila M.
Busa, declared lost by voice vote. 10 :48 P. M.
Voice vote on main motion was not unanimous, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1. 7 Frieda Bisberg 9
2 6 .Rena W. Abelmann 12
3 15 Shirley A. Byrne 4
4 9 Katherine G. Fricker 5
5 10 Judith K. Patkin 8
6 16 Susan S. Beck 1
7 12 Jacquelyn H. Ward 7
8 3 Mary E. Shunney 12
9 14 Joan N. L. Collins 5
At large 24 Patricia K. Hagedorn 0
116 63
Less than the required two thirds having voted in favor, the main
motion is not adopted. 10:52 P. M.
(Adjourned Town Meeting - March 29, 1976)
Martin V. Sussman moved that the meeting be adjourned to Wednesday, March
31, 1976 at 8 P. M. in Cary Memorial Hall.
10:53 P. M.
Eric T. Clarke serves notice of reconsideration of Article 55.
10:53 P. M.
Mr. Sussman's motion to adjourn to Wednesday, March 31, 1976 at 8 P. M.
in Cary Memorial Hall declared carried by voice vote.
10:53 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - M ARCH 31, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 :10 P. M. in Cary Memorial Hall.
There were 181 Town Meeting Members present.
Invocation offered by Rev. Dr. Alvin C. Porteous, Pastor of the First Baptist
Church. 8:12 P. M.
Eric T. Clarke moved to reconsider Article 55. 8 :12 P. M.
Mr. Clarke stated that the Planning Board and the Board of Selectmen felt
that it was unfortunate that Article 55 had been defeated on March 29th. Both
he and Mr. Howard M. Kassler, Chairman of the Board of Selectmen, stated the
need of this particular piece of land for the sanitary landfill. 8:22 P. M.
Motion to reconsider Article 55, as presented by Mr. Clarke, declared
carried by voice vote. 8:33 P. M.
Article 55. Howard M. Kassler read Article 55 as he had presented it on
March 29, 1976:
MOTION: That the Selectmen be authorized to purchase, take by
(See eminent domain or otherwise acquire for road and compensatory
Page water storage purposes all or any part of the land shown as Lots
109) 7 and 8 on Assessors' Property Map 73, now or formerly of the
Estate of Joseph Goodwin (Middlesex Probate Court #441107); and
to appropriate the sum of $25,000.00 therefor, and that such amount
be raised in the tax levy.
8:34 P. M.
Carried Unanimously. 8:36 P. M.
Article 56. John J. McWeeney moved that Article 56 be tabled.
Carried Unanimously. 8:36 P. M.
(See Page 141 & 142)
Paul A. Plasse asked how Article 1 could be reconsidered. 8:37 P. M.
Both the Moderator and Town Counsel, Norman P. Cohen, said that it would not
be possible as the time had passed. Article 1 is the election of town officers
which was held on March 1, 1976. 8:37 P. M.
Article 57. Presented by Shirley H. Stolz.
MOTION: That the Conservation Commission be authorized to purchase
(See or otherwise acquire, and the Selectmen be authorized to take by
Pages eminent domain, upon the written request of the Conservation Commission,
134 for conservation purposes including outdoor recreation as provided by
and Section 8C of Chapter 40 of the General Laws, any fee, easement or
135) 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 176 on Assessors' Property Map 50, now or formerly of Mary H.
Powers and described in documents filed with Middlesex Probate Court
Case No. 325847, that the sum of $73,000.00 be appropriated for such
land acquisition, and that such amount be transferred from the
- appropriation voted under Article 40 of the Warrant for the 1975
Annual Town Meeting.
8:39 P. M.
A written notice was received from Stanley E. Toye stating that he
would abstain from voting on Article 57.
(Adjourned Town Meeting - March 31, 1976)
Article 57. Selectman, Alfred S. Busa, felt that the price for this land is much
(Cont.) too high and Planning Board Member, Albert P. Zabin, stated.that although
he felt that the price was high he considered the land unique and
that the town owed it to this part of town to purchase the land.
8:47 P. M.
Donald B. White stated that the Appropriation Committee opposed
this article because of the high price. 9 P. M.
Ephraim Weiss moved to refer Article 57 to Conservation Commission,
to be brought back later during the 1976 Town Meeting.
9:02 P. M.
After general discussion, Joseph O. Rooney moved the previous
question which was declared carried by voice vote. 9:11 P. M.
Motion to refer, as presented by Mr. Weiss, declared lost by voice
vote. 9:11 P. M.
Voice vote on main motion was not unanimous, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1 4 Frieda Bisberg 10
2 4 Rena W. Abelmann 13
3 14 Shirley A. Byrne 4
4 6 Katherine G. Fricker 9
5 11 Judith K. Patkin 6
6 12 Susan S. Beck 7
7 13 Jacquelyn H. Ward 5
8 11 Mary E. Shunney 5
9 11 Joan N. L. Collins 6
At large 13 Patricia K. Hagedorn 17
Totals 99 82
Less than the .required two - thirds having voted in favor, the motion
is not adopted. 9:15 P. M.
Article 58. Presented by Angela Frick.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation
as provided by Section 8C of Chapter 40 of the General Laws, any
fee, easement or conservation restriction as defined in Section 31
of Chapter 184 of the General Laws or other interest in all or any
part of land shown as Lot 167 on Assessors' Property Map 32, and
described in deed recorded in Middlesex South Registry of Deeds,
Book 11017, Page 297, now or formerly of Cambridge Farms Realty
Trust; that the sum of $16,000.00 be appropriated for such land
acquisition, and that such amount be transferred from the appropriation
voted under Article 40 of the warrant for the 1975 Annual Town
Meeting. 9:17 P. M.
(See Howard M. Kassler stated that the Board of Selectmen unanimously
below) favor passage of this article. 9:20 P. M.
Richard A. Michelson served notice of reconsideration of Article 57.
9:20 P. M.
Article SB. Motion, as presented by Mrs. Frick, declared carried unanimously.
(Cont.) 9:20 P. M.
(Adjourned Town Meetin - March 31, 1976)
Article 59. Angela E. Frick moved that this article be tabled.
Carried Unanimously. 9:20 P. M.
(See Page 114.)
Article 60. Angela E. Frick moved that this article be tabled.
Carried Unanimously. 9:20 P. M.
(See Page 114.)
i
Article 61. 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
(Motion eminent domain, upon the written request of the Conservation
as Commission, for conservation purposes including outdoor recreation
adopted) as provided by Section 8C of Chapter 40 of the General Laws, any
fee, easement or conservation restriction as defined in Section 31
of Chapter 184 of the General Laws or other interest in all or any
part of land shown as a section of Grassland Street on a plan
entitled "Farmhurst Section 4, Lexington, Mass., belonging to Neil
McIntosh, Trust" dated January, 1923, C. H. Gannett C.E., recorded
with Middlesex South Registry of Deeds in Plan Book 361, Page 20,
bounded and described as follows:
SOUTHWESTERLY by Lot number 90 on said plan, now or formerly of
Francis J. and Ruth B. Rosa, 432.27 feet,
NORTHWESTERLY by Valleyfield Street, 85 feet,
NORTHEASTERLY by Lot number 91 on said plan, now or formerly
of Peter Sowkow, 408.39 feet and
SOUTHWESTERLY by Lot number 27, as shown on a plan entitled
Plan of Farmhurst, in Lexington Mass., Section 1, dated January
1918, now or formerly of the Town of Lexington, 41 feet, and Lot
number 28 on said Farmhurst Section 1 plan, now or formerly of
"j Joseph F. and Mary Chabot, 9 feet,
all distances more or less and comprising 21,000 square feet, more
or less, ownership unknown, that the sum of $500.00 be appropriated
for such land acquisition, and that such amount be raised in the
tax levy. 9:23 P. M.
Patricia K. Hagedorn stated that the Appropriation Committee is in
favor of this land acquisition if it is taken for general town
purposes. Mrs. Hagedorn then presented the following motion to
amend:
MOTION: That the Selectmen be authorized to purchase, take by
eminent domain or otherwise acquire for road and open space
purposes all or any part of the land . . . . .
continue as on line 9 of typed motion to end . . . .
9:26 P. M.
Mr. Kassler stated that the Board of Selectmen unanimously agree
that this land should be owned by the town but are split as to how
it should be taken — three are for conservation purposes and two
are for town purposes. 9:29 P. M.
Motion to amend, as offered by Mrs. Hagedorn, declared lost by
voice vote. 9:37 P. M.
Manfred P. Friedman stated that the Planning Board had no plans to
- - -' put a street through this area and hoped that the land would be
taken for conservation purposes. 9:38 P. M.
Main motion, as presented by Mr. Williams, declared carried
unanimously. 9:39 P. M.
A s (Adjo urned Town Meeting - March 31, 1976)
Angela E. Frick moved that Article 59 be taken from the table.
Carried Unanimously. 9:40 P. M.
Article 59. Angela E. Frick moved that this article be indefinitely postponed.
Carried Unanimously. 9:40 P. M.
(See Page 113.)
Angela E. Frick moved that Article 60 be taken from the table.
Carried Unanimously. 9:41 P. M.
f
Article 60. Angela E. Frick moved that this article be indefinitely postponed.
Carried Unanimously. 9:41 P. M.
(See Page 113.)
Article 62. Angela E. Frick moved that this article be tabled.
Carried Unanimously. 9:41 P. M.
(See Page 142)
Article 63. Presented by William T. Spencer.
MOTION: That the sum of $6,500.00 be appropriated for field
measurements of ambient noise to be made by consultants or other-
wise, including the rental of equipment if necessary, under the
supervision of the Board of Selectmen, and that said amount be raised
on the tax levy. 9:42 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
oppose the expenditure of this money at this time.
9 :56 P. M.
Eric T. Clarke stated that although the Planning Board is not
unsympathetic to this article, they do urge that it be defeated.
10:05 P. M.
Edward E. Furash stated that the Appropriation Committee oppose
this article. 10:05 P. M.
Robert M. Gary moved the previous question which was declared
carried by voice vote. 10:06 P. M.
Main motion, as presented by Mr. Spencer, was declared carried by
voice vote, which was doubted by more than twenty members, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 10 Frieda. Bisberg 6
2 2 Rena W. Abelmann 14
3 8 Shirley A. Byrne 8
4 3 Katherine G. Fricker 10
5 6 Judith K. Patkin 11
6 15 Susan S. Beck 4
7 12 Jacquelyn H. Ward 6
8 0 Mary E. Shunney 18
9 3 Joan N. L. Collins 14
At large 5 Patricia K. Hagedorn 19
64 110
Motion, as presented by Mr. Spencer, is not adopted. 10:12 P. M.
(Adjourned Town Meeting - March 31, 1976)
Article 64. Presented by Angela E. Frick.
MOTION: That the Selectmen be and they hereby are authorized
to abandon and release any claim of the Town in an old road or
right of way, if any, that may exist abutting land now or formerly
of Oneida Corporation on the Lexington - Winchester Town line, the
fee under said old road or right of way to remain in the Town of
Lexington. 10:13 P. M.
Clifford Prentiss, Conservation Administrator, was recognized and
gave an explanation of this article. 10:18 P. M.
Carried Unanimously. 10:18 P. M.
Allen Lee Whitman moved to take Article 42 off the table.
Carried Unanimously. 10:20 P. M.
(See Page 107)
Article 42. Allen Lee Whitman moved that this article be indefinitely
Postponed.
Carried Unanimously. 10:20 P. M.
Alfred S. Busa stated that Article 21 would not be brought up on next
Monday, April 5th. 10:21 P. M.
Article 65. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the layout of as a
town way Crescent Road from Watertown Street a distance of 1103
feet, more or less, westerly to Green Lane, as laid out by the
Selectmen and shown upon a plan on file in the office of the Town
Clerk, dated January 12, 1976; 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
$77,000.00 be appropriated for such land acquisition, construction,
alteration and reconstruction of Crescent Road as is necessary, and
that to raise such amount $10,000.00 be transferred from the
unexpended balance of the appropriation voted under Article 61 of
the warrant for the 1974 Annual Town Meeting and $67,000.00 be
raised in the tax levy.
Carried by voice vote. 10:25 P. M.
Article 66. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the layout of as a
town way Briggs Road from Crescent Road a distance of 380 feet,
more or less, easterly 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 12, 1976; to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor; that the sum of $37,900.00 be
appropriated for such land acquisition, construction, alteration and
reconstruction of Briggs Road as is necessary, and that such amount
be raised in the tax levy.
Carried by voice vote. 10:26 P. M.
Article 67. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the layout of as a
town way Great Rock Road from Crescent Road a distance of 352 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 12, 1976; 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 $24,500.00
be appropriated for such land acquisition, construction, alteration
and reconstruction of Great Rock Road as is necessary, and that
such amount be raised in the tax levy.
Carried by voice vote. 10:28 P. M.
�„ -
(Adjourned Town Meeting - March 31, 1976) .
Article 68. Presented by Alfred S. Busa.
MOTION: To establish as town ways and accept the layout of as town
ways the following streets:
a. Hartwell Place from Hartwell. Avenue a distance of 660 feet, more
or less, westerly to end;
b. Brookwood Road from Saddle Club Road a distance of 726 feet, more
or less, southeasterly to end;
c. Fairfield Drive from Brookwood Road a distance of 660 feet, more
or less, northeasterly to end;
all as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 12, 1976, and to
authorize the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land
necessary therefor.
Carried by voice vote. 10:30 P. M.
Article 69. Alfred S. Busa moved that this article be tabled.
Carried by voice vote. 10:31 P. M.
(See Page 126)
Article 70. Presented by Alfred S. Busa.
MOTION: That the sum of $1,000.00 be appropriated for filing fees
in connection with the acceptance of streets and that such amount be
raised in the tax levy.
Carried unanimously. 10:31 P. M.
Article 71. Margery M. Battin moved to postpone Article 71 until Monday, April 5,
1976.
Carried Unanimously. 10:31 P. M.
(See Page 119 and. 12.0)
Article 72. Presented by Margery M. Battin.
(Approved MOTION: That Section 2 of Article XXVIII of the General By -Laws of
by Atty. the Town of Lexington be amended by changing the fine provided therein
Gen., from ten dollars to twenty -five dollars, and by adding thereto the
Francis X. following new paragraph:
Bellotti,
Aug. 5, "Effective for licenses expiring March 31, 1978, the license fees
1976. for dogs shall be increased by one dollar over the amount required by
Section 139 of Chapter 140 of the General Laws."
Advertised 10:32 P. M.
in Lex.
Min. Man, After general discussion, James Cataldo moved the previous question
Aug. 12, which was declared carried by voice vote.
19 and 10:42 P. M.
Sept. 2,
1976.) Main motion, as presented by Mrs. Battin, declared carried by voice
vote. 10:43 P. M.
James E. Barry served notice of reconsideration of Article 72. 10:43 P. M.
(Adjourned Town Meeting - March 31, 1976)
Article 73. Presented by Margery M. Battin.
(Disapproved
by Atty. MOTION: That Section 1 of Article XXII of the General By -Laws of
* Gen., the Town of Lexington be amended by striking out "$2,000." each
Francis X. time it appears and substituting therefor "$4,000."
Bellotti, 10:44 P. M.
Aug. 5, 1976.)
Martin V. Sussman served notice of reconsideration of Articles 65, 66 and
67. 10:48 P. M.
Article 73. Motion, as presented by Mrs. Battin, declared carried unanimously.
(Cont.) 10:48 P. M.
James Cataldo moved that the meeting be adjourned to Monday, April 5 at
8 P. M. which was declared lost by voice vote. 10:48 P. M.
Article 74. Presented by Edward E. Furash.
(Approved MOTION: (a) That Section 2 of Article XIII of the General By-
by Atty. Laws of the Town of Lexington be amended by deleting the second
Gen., and third sentences thereof and substituting therefor the following:
Francis X.
Bellotti, "The term of one -third of the members of the committee shall expire
Aug. 5, each year on the thirtieth day of June. The Moderator shall promptly
1976. appoint a successor for any member of the committee whose term
expires that year and shall, promptly after any vacancy occurs in
Advertised the committee, appoint a successor to fill that vacancy for the
in Lex, unexpired term of his predecessor."
Min. Man,
Aug. 12, and (b) that Section 3 of said "Article XIII be amended by deleting
19 and the second sentence thereof and substituting therefor the following:
Sept. 2,
1976.) "They shall elect from their membership a Chairman and a Secretary,
who shall hold office until their successors are elected."
Carried Unanimously. 10:50 P. M.
Article 75. Presented by Margery M. Battin.
(Approved by
Att. Gen., MOTION: That Section 6 of Article III of the General By -Laws of
Francis X. the Town of Lexington be amended by deleting the second sentence
Bellotti, thereof and substituting therefor the following: "Such notice shall
Aug. 5, '76, be posted in the Town Office Building."
Advt. Lex. Min. Carried by voice vote. 10:51 P. M.
Man, Aug. 12, 19 & Sept. 2, 1976.)
A. Lee Whitman, Jr. served notice of reconsideration of Article 74.
10 :51 P. M.
Paul A. Plasse moved that the meeting adjourn to Monday, April 5, 1976 at
8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:52 P. M.
...........
A true copy:
Attest:
u
Mary R. McDonough, Town Clerk
ADJO URNED TOWN MEETING - APRIL 5, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:06 P. M. in Cary Memorial. Hall.
There were 185 Town Meeting Members present.
The invocation was offered by Rev. J. Allen Broyles, Pastor of the Lexington
United Methodist Church. 8:08 P. M.
Article 76. Presented by Erik Lund.
MOTION: That a Committee composed as described and having the
powers, duties and responsibilities described in Article 76 of the
1976 Town Warrant be established and appointed by the Board of
Selectmen; and that the Board report to the 1977 Annual Town
Meeting on the work of the Committee and on whether or not the
Board intends to continue the existence of the Committee.
8 :10 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, stated that
the Selectmen are not unanimous on all of the specifics but are
unanimous on the principal. The Board should be free to use their
own judgment on how the committee is to be set up and they are
unanimous that it should be referred to the Board of Selectmen.
Mr. Kassler: I move on behalf of the Board of Selectmen that the
(Motion motion made under Article 76 be referred to the Board of Selectmen
as for action by the Board in accordance with the statement I have
adopted) just made. 8:13 P. M.
Mr. Kassler's motion to refer declared carried by voice vote.
8:14 P. M.
Erik Lund moved that Article 100 be taken up, out of order, at this time.
Carried by voice vote. 8:15 P. M.
Article 100. Erik Lund moved that this article be indefinitely postponed.
Carried by voice vote. 8:15 P. M.
Erik Lund moved that Article 101 be taken up„ out of order, at this time.
Carried unanimously. 8:15 P. M.
Article 101. Erik Lund moved that this article be indefinitely postponed.
Carried unanimously. 8:15 P. M.
Erik Lund moved that Article 102 be taken up, out of order, at this time.
Carried unanimously. 8:15 P. M.
Article 102. Erik Lund moved that this article be indefinitely postponed.
Carried unanimously. 8:16 P. M.
Erik Lund moved that Article 103 be taken up, out of order, at this time.
Carried unanimously. 8:16 P. M.
Article 103. Erik Lund moved that this article be indefinitely postponed.
Carried unanimously. 8:16 P. M.
Erik Lund moved that Article 104 be taken up, out of order, at this time.
Carried unanimously. 8:17 P. M.
Article 104. Erik Lund moved that this article be indefinitely postponed.
Carried unanimously. 8:17 P. M.
(Adjourned Town Meeting - April 5, 1976)
Margery M. Battin moved that Article 71 be taken up at this time, but the
Moderator stated that a motion was not needed as the article had been postponed
on March 31, 1976 to be brought up on April 5, 1976.
Article 71. Presented by Margery M. Battin.
MOTION: That Article XXVI of the General By -Laws of the Town of
Lexington be amended by adding thereto a new Section 9 as follows:
(See "Section 9. No person shall drink any alcoholic beverage as defined
Page in Chapter 138, Section 1 of the Massachusetts General Laws (a) while
120 in or upon any street to which the public has a right of access,
for whether in or upon a vehicle, motor vehicle or on foot or (b) while
motion in or upon any public place or public building or (c) while in or
as upon private parking lots and private ways to which the public has
adopted) access unless prior consent has been obtained from the owner or
authorized person in control thereof. All alcoholic beverages in
possession of a person or persons in violation of this by -law shall
be seized and safely held until final adjudication of the charge
against the person or persons arrested or summoned before the court,
at which time they shall be returned to the person or persons
entitled to lawful possession."
8:18 P. M.
Mrs. Battin stated that this amendment to the By -Laws was recommended
by the Community Relations Committee, which is a sub- committee of the
Board of Selectmen. 8:20 P. M.
Howard M. Kassler, Chairman of the Community Relations Committee
which recommended this article, spoke in favor.
8:22 P. M.
Stephen W. Doran urged defeat of the article as he did not think that
it would help the situation. 8:28 P. M.
Christopher Maguire, a high school senior in the balcony, was
recognized and he read a petition, which was placed on file. This
petition that had been signed by the students listed six reasons
for their opposition to this article.
8:30 P. M.
Mary Rockwood of the Youth Advisory Commission spoke from the balcony
in opposition. 8:46 P. M.
Chief of Police, James F. Corr, Jr., spoke of the existing problems
and of the need for this particular by -law. 8:56 P. M.
Mrs. Battin stated that she felt that the by -law is premature and
should be referred back to the Community Relations Committee and
Mr. Kassler spoke of the severe problems that exist in this town.
9:13 P. M.
Renee T. Cochin presented the following motion:
MOTION: To refer the subject matter of Article 71 back to the Community
Relations Committee for further study, the results of such study to be
included in the final report of the Committee.
9:14 P. M.
Selectman Alfred S. Busa, who is also a member of the Youth Advisory
Committee, spoke against the motion to refer and in favor of the
original motion. 9:23 P. M.
Motion to refer, as presented by Mrs. Cochin, declared lost by voice
vote. 9:27 P. M.
Various students were recognized and spoke in opposition to this by-
law and many of the Town Meeting Members spoke on this issue, some in
favor and some in opposition.
(Adjourned To wn Meeting - April 5, 1976)
Article 71. William T. Spencer presented the following amendments:
(Cont.)
#1. MOTION: After the word: "drink" the words: "or possess an
unsealed container of" be added.
#2. MOTION: After the words: "or on foot" and "or public buildings,"
the words: "without permit of the Board of Selectmen." be
added.
9:31 P. M.
At the request of Mr. Spencer, the Moderator stated that, although
this is one amendment, it would be voted on in two parts.
Mr. Spencer's amendment #1 declared carried by voice vote.
9:43 P. M.
Mr. Spencer's amendment #2 declared carried by voice vote.
9:43 P. M.
Mary Rockwood, a student in the balcony, asked to be recognized
and filed the report of the Youth Advisory Commission in reference
to this by -law. 9:44 P. M.
Donald D. Wilson moved the previous question which was declared .
carried by voice vote. 9:49 P. M.
Stephen W. Doran moved for a roll call vote, but, in accordance with
the General By -Laws, when the Moderator asked if there were fifty
members that desired a roll call vote, less than fifty members
desired this manner of voting. 9:50 P. M.
Main motion, as amended, now reads:
(Motion MOTION: That Article XXVI of the General By -Laws of the Town of
as Lexington be amended by adding thereto a new Section 9 as follows:
adopted)
"Section 9. No person shall drink or possess an unsealed container
(Approved of any alcoholic beverage as defined in Chapter 138, Section 1 o the
by Massachusetts General Laws (a) while in or upon any street to which
Atty. Gen., the public has a right of access, whether in or upon a vehicle,
Francis X. motor vehicle or on foot without permit of the Board of Selectmen or
Bellotti (b) while in or upon any public place or public building without
on Aug. 5, permit of the Board of Selectmen or (c) while in or upon private
1976. parking lots and private ways to which the public has access unless
prior consent has been obtained from the owner or authorized person
Advertised in control thereof. All alcoholic beverages in possession of a
in Lex. person or persons in violation of this by -law shall be seized and
Min. Man., safely held until final adjudication of the charge against the
Aug. 12, 19 person or persons arrested or summoned before the court, at which
and time they shall be returned to the person or persons entitled to
Sept. 2, lawful possession."
1976.)
Main motion, as amended, declared carried by voice vote which was
doubted by over twenty members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 15 Frieda Bisberg 3
2 13 Rena W. Abelmann 6
3 10 Shirley A. Byrne 10
4 13 Katherine G. Fricke.r. 3
5 17 ._ Judith K. Patkin 1
6 9 Susan S. Beck 10
7 10 Jacquelyn H. Ward 9
8 14 Mary E. Shunney 3
9 11 Joan N. L. Collins 7
At large 12 Patricia K. Hagedorn 6
Totals 124 58
Main motion, as amended, is adopted. 9:53 P. M.
(Adjourned Town Meeting - April 5, 1976)
Sheila M. Busa moved that Article 40 be reconsidered at this time.
(See Page 106) 9:54 P. M.
Recreation Committee member, James Dhimos, was recognized and spoke for
the committee and their reasons for urging reconsideration of Article 40 and
passage of the main motion under Article 40. 10:04 P. M.
Selectman Fred C. Bailey stated that the Board of Selectmen, by a 3 to 2
vote, support reconsideration of Article 40, and, if reconsideration would
prevail, would oppose referral to the Recreation Committee and would urge
passage of the main motion under_ this article so that they could get on with
the project of lighting the ballfield. 10:06 P. M.
After general discussion the motion to reconsider Article 40 was declared
lost by voice vote, which was doubted by over twenty members, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 10 Frieda Bisberg 7
2 11 Rena W. Abelmann 8
3 12 Shirley A. Byrne 7
4 5 Katherine G. Fricker 11
5 9 Judith K. Patkin 8
6 6 Susan S. Beck 13
7 4 Jacquelyn H. Ward 14
8 14 Mary E. Shunney 4
9 9 Joan N. L. Collins 9
At large 11 Patricia K. Hagedorn 9
Totals 91 90
Motion to reconsider Article 40 prevails. 10:28 P. M.
Article 40. (See Page 106)
The Moderator stated that the motion to refer is now on the floor.
10:28 P. M.
At the request of Arthur C. Smith, the Moderator read the motion to
refer as follows:
(Motion MOTION: To recommit the subject of this article to the Recreation
as Committee for further study and to transfer the unexpended balance
adopted) remaining in Article 35 of the 1975 'Town Meeting to the Reserve
Fund - Overlay Surplus. 10:43 P. M.
Standing vote on the motion of Mr. Smith at the March 29, 1976
session of this town meeting taken as follows:
Pr ecinct In Favor Tellers Opposed
1 6 Frieda Bisberg 11
2 8 Rena W. Abelmann 11
3 9 Shirley A. Byrne 11
4 11 Katherine G. Fricker 4
5 8 Judith K. Patkin 10
6 13 Susan S. Beck 5
7 14 Jacquelyn H. Ward 4
8 7 Mary E. Shunney 11
9 8 Joan N. L. Collins 10
At large 8 Patricia K. Hagedorn 12
Totals 92 89
Motion to recommit to the Recreation Committee, as presented by
Arthur C. Smith, prevails. 10:47 P. M.
(Adjourned Town Meeting - April 5, 1976)
Article 77. Presented by Margery M. Battin.
(See MOTION: That the Board of Selectmen be and they are hereby
Chap. authorized to petition the General Court for an act to amend
284, Chapter 753 of the Acts of 1968 to provide for the appointment of a
Acts of recreation committee by the Town Manager, subject to the approval
1976.) of the Board of Selectmen.
10:48 P. M.
Mrs. Battin stated that this article was unanimously recommended
by the Selectmen's Recreation Study Committee.
10:50 P. M.
Motion, as presented by Mrs. Battin, declared carried by voice
vote. 10:50 P. M. `
In answer to a question by Stephen W. Doran, the Moderator stated that it was
about thirty minutes too late to serve notice of reconsideration of Article 71.
10:50 P. M.
Howard M. Kassler moved that the meeting be adjourned to Wednesday, April 7,
1976 at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:51 P. M.
A true copy.
Attest:
C YLfYt.q r .
Mary R_ McDonough, Town Clerk
ADJOURNED TOWN MEETING - APRIL 7, 1976
The meeting was called to order in Cary Memorial Hall at 8:08 P. M. by the
Moderator, Lincoln P. Cole, Jr.
There were 186 Town Meeting Members present.
The invocation was offered by Rev. Robert L. Zoerheide, Minister of the First
Parish Church_ 8:10 P. M.
Alfred S. Busa moved that Article 32 be taken off the table.
Carried unanimously. 8:11 P. M.
(See Page 103)
Article 32. Presented by Alfred S. Busa.
(Motion MOTION: That the sum of $30,000.00 be appropriated to replace the
as flag pole on the Battle Green and provide a suitable bicentennial
adopted) memorial plaque, and that to raise such amount the Selectmen be and
they hereby are authorized to accept and expend a gift from the
Lexington Bicentennial', Corporation.
8 :12 P. M.
Mr. Busa stated that this would be a permanent memorial from the
Bicentennial Corporation memorializing the 200th celebration. The
bottom part of the old flag pole will be made into small pieces that
will be sold as souvenirs and this money will be turned over to the
town. Selectman Busa said that the Board of Selectmen today voted
unanimously to accept this gift. 8:15 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, asked
why this information had not been given to his committee for their
action. Howard M. Kassler, Chairman of the Board of Selectmen,
said that it was his fault that it had not been given because the
information had been received so late and they wanted the flag pole
to be erected by the 4th of July.
Ephraim Weiss moved to ''amend the motion by deleting "and provide a
suitable bicentennial memorial plaque ". 8:19 P. M.
Mr. Weiss stated that he did not think that the Bicentennial Corpora-
tion should be memorialized on the Battle Green. Richard A. Michelson,
President of the Lexington Bicentennial Corporation, said that this
plaque, which would not have the names of the members of the corpora-
tion, would not be memorializing the corporation but would be a
permanent memorial of the 200th anniversary. 8:21 P. M.
Mr. Busa said that the new pole would be a duplicate of the old one
except that it would not be in wood. It will be in fiberglass or
steel. 8:24 P. M.
Motion to amend, as offered by Mr. Weiss, declared lost by voice vote.
8:31 P. M.
In answer to a question by Homer J. Hagedorn, Mr. Busa said that
they would have to come back to town meeting for more money if the
pole cost more than the $30,000.00 in this article. He did not
feel that this would be necessary though because the figures that
they have at this time are that the pole will cost around $26,000.00
but no less than $25,250.00. 8:32 P. M.
Joseph O. Rooney moved, the previous question which was declared
carried by voice vote.', 8:40 P. M.
Main motion, as presented by Mr. Busa, declared carried by voice
vote. 8:40 P. M.
....._..._ .. .. .. c , .. ..
(Adjourned Town Meeting - April 7, 1.976)
Fred C. Bailey moved that Article 21 be taken off the table.
Carried unanimously. 8:40 P. M.
(See Page 1.00)
Article 21. Presented by Fred C. Bailey.
MOTION: That the Selectmen be and they hereby are authorized to
install trunk sewers in the Marrett 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
$100,000.00 therefor, and that such amount be raised in the tax
levy; and that the Selectmen be and they hereby are authorized to
petition the General Court for an act to permit such trunk sewers
to cross land under the control of the Conservation Commission.
8:41 P. M.
After general discussion, Joseph A. Campbell moved the previous
question which was declared carried by voice vote. 9:01 P. M.
Main motion, as presented by Mr. Bailey, carried by voice vote.
9:01 P. M.
Paul V. Riffin moved reconsideration of Article 41. 9:01 P. M.
(See Page 106 and 107)
Mr. Riffin and Recreation Committee member, Richard M. Wartheim,gave a
lengthy explanation regarding the need of the four tennis courts.
9:15 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, urged defeat
of the motion to reconsider Article 41. 9:18 P. M.
Motion to reconsider Article 41 was declared lost by voice vote, which was
doubted by more than the necessary twenty members, so a standing vote was taken
as follows:
Precinct In Favor Tellers Oppos
1 3 Frieda Bisberg 13
2 3 Rena W. Abelmann 13
3 12 Shirley A. Byrne 6
4 3 Katherine G. Fricker 12
5 4 Judith K. Patkin 13
6 13 Susan S. Beck 5
7 8 Jacquelyn H. Ward 11
8 1 Mary E. Shunney 17
9 8 Joan N. L. Collins 8
At large 2 Patricia K. Hagedorn 17
Totals 57 115
Motion to reconsider Article 41, as presented by Paul V. Riffin,
does not prevail. 9:34 P. M.
Article 78. Presented by Sam Silverman
MOTION: I move that the Town vote to instruct the Selectmen to
petition the General Court for legislation to amend the provisions
of Chapter 215 of the Acts of 1929, as amended by Chapter 442 of
the Arts of 1.956 and Chapter 18 of the Acts of 1959 which relate to
the filling of vacancies in the total number of Town Meeting Members
from any precinct in the event there is no defeated candidate
available, by striking out Section 7 and inserting in:place:thereo.f a
new Section 7 in substantially the following form:
(Adjourned Town Meeting - April 7, 1976)
Article 78. Section 7: Any vacancy in the full number of Town Meeting Members
(Cont.) from any precinct, whether arising from a failure of the registered
voters thereof to elect, or from any other cause, shall be filled
until the next annual election by the selection by the Town Clerk of
the person who received the highest number of votes as a defeated
candidate for the office of Town Meeting Member in the preceding
election in the precinct where the vacancy occurs, and the Town
Clerk shall promptly notify such person of his election as Town
Meeting Member. If for any reason such person cannot or does not
accept such office, the next highest in recorded vote of the
defeated. candidates in that precinct shall be similarly selected.
In the event of a tie vote of those who received the highest
votes as such defeated candidates, the Town Clerk shall call a
special meeting of the Town Meeting Members from the precinct where
the vacancy occurs, for the purpose of so filling the vacancy from
among those having the tie votes and shall cause to be mailed to
every such Town Meeting Member, not less than seven days before
the time set for the meeting, a notice specifying the object,
time and place of the meeting. In the event no defeated candidate
is available candidates shall be nominated by nomination papers
signed by not less than ten voters of the precinct in which the
candidate resides, and filed with the Town Clerk at least eight days
prior to a special meeting of the Town Meeting Members from the
precinct where the vacancy occurs called by the Town Clerk for the
purpose of so filling the vacancy. The Town Clerk shall cause to
be mailed to every such Town Meeting Member, not less than seven
days before the time set for the meeting, a notice specifying the
object, time and place of the meeting. At the said meeting a
majority of the members from such precinct shall constitute a
quorum, and they shall elect from their own number a chairman and
a clerk. The choice to fill any vacancy shall be by written
ballot and a plurality of the votes cast shall be required for a
choice. The chairman and clerk shall count the ballots and shall
make a certificate of the choice and forthwith, file the same with
the Town Clerk, together with a written acceptance by the member
or members so chosen who shall thereupon be deemed elected and
qualified a Town Meeting Member or Members, subject to the right of
all the Town Meeting Members to judge of the election and
qualifications of the members as set forth in Section 3.
9:37 P. M.
Joseph. A. Campbell offered the following amendment:
MOTION: That the Town will vote to instruct the Selectmen to
petition the General Court for legislation to amend the provisions
of Chapter 215 of the Acts of 1929, as amended by Chapter 442 of
the Acts of 1956 and Chapter 18 of the Acts of .1.959 which relate to
the filling of vacancies in the total number of Town Meeting Members
from any precinct in the event there is no defeated candidate
available, by striking out Section 7 and inserting in place
thereof a new Section 7 in substantially the following form:
Section 7: Any vacancy in the full number of Town Meeting Members
from any precinct, whether arising from a failure of the registered
voters thereof to elect, or from any other cause, shall remain
vacant until the next annual election.
9:47 P. M.
Motion to amend, as offered by Mr. Campbell, declared lost by voice
vote, which was doubted by more than twenty members, so a standing
vote taken as follows:
Precinct In Favor Telle Opposed
1 5 Frieda Bisberg 8
2 12 Rena W. Abelmann 6
3 12 Shirley A. Byrne 3
4 8 Katherine G. Fricker 7
5 2 Judith K. Patkin 11
6 6 Susan S. Beck 8
7 7 Jacquelyn H. Ward 5
8 3 Mary E. Shunney 13
9 8 Joan N. L. Collins 3
At large 5 Patricia K. Hagedorn 10
Totals 68 74
Motion to amend, as offered by Mr. Campbell, is not adopted.
9:51 P. M.
(Adjourned Town Meeting - April 7, 1976)
Article 78. Frank Sandy offers the following substitute motion which he
(Cont.) immediately withdrew:
MOTION: Town Meeting requests T.M.M.A. Executive Board consider
the subject matter of this article. 9:53 P. M.
Frank Sandy then moved that Article 78 be indefinitely postponed
which was declared lost by voice vote. 9:58 P. M.
Main motion, as offered by Sam Silverman, declared lost by voice
vote. 10:01 P. M.
Article 79. Presented by Margery M. Battin.
Article 79. MOTION: That the Standing School Building Committee
created under Article 37 of the warrant for the 1957 Annual Town
Meeting be dissolved, and that any unfinished business of such
committee be transferred to the Permanent Building Committee.
Carried unanimously. 10:02 P. M.
Alfred S. Busa moved that Article 69 be taken off the table.
Carried unanimously. 10:02 P. M.
(See Page 116)
Article 69. Presented by Alfred S. Busa.
MOTION: To alter the street layout of Clarke Street and Forest
Street, as altered by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 12, 1976; 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 $200.00 be appropriated for such land acquisition and
alteration of Clarke Street and Forest Street as is necessary, and
that such amount be raised in the tax levy.
Carried unanimously. 10:06 P. M.
Article 80. Presented by William R. Page.
MOTION: "To instruct the Board of Selectmen to establish a Standing
Information and Policy Options Committee to provide the Town
Meeting and town boards and agencies (and similar organizations in
other communities and levels of government) with the following types
of information about current issues and future options:
A. Information about key issues in the town, state, the nation, and
the world which will have a significant effect on the lives of
the citizens of the Town in the future.
B. Information about the options for courses of action by the
citizens of the Town on these key issues.
C. Information about appropriate processes through which the
citizens of the Town could participate together in the
decision making of these key issues.
D. Information about the consequences of the decisions which could
be made by the Town Meeting and the town boards and agencies
which would have a significant effect on the citizens of the
Town.
10:08 P. M.
(Referral After a lengthy explanation by Mr. Page, he moved to refer Article
motion 80 to the Board of Selectmen for consideration.
adopted) 10 :21 P. M.
Howard M. Kassler said that the Board of Selectmen does not feel that
a committee, as described by Mr. Page, is practical or useful. 10:22 P.M.
Motion to refer, as offered by Mr. Page, declared carried by voice
vote. 10 :28 P. M.
(Adjourned Town Meeting - April 7, 1976)
Article 81. Presented by Sam Silverman.
MOTION: That the town adopt the following resolution under this
article: Resolved that Town Meeting Members abstain from voting in
any particular matter in which to his knowledge, he, his immediate
family or partner, a business organization in which he is serving
as officer, director, trustee, partner or employee, or any person or
organization with whom he is negotiating or has any arrangement
concerning prospective employment, has any economic interest in the
particular matter under consideration.
I further move that the Town Clerk provide each new Town Meeting
Member with material embodying the substance of this resolution.
10:29 P. M.
After Mr. Silverman had given a lengthy explanation of this article,
Mary E. Shunney, Chairman of the Town Meeting Members Association,
said that this was taken care of by the TMMA Code of Ethics and
urged defeat of this article. 10:37 P. M.
Albert P. Zabin moved the previous question which was declared carried
by voice vote. 10:40 P. M.
Main motion declared carried by voice vote, which was doubted by
more than twenty members, so a standing vote taken as follows:
Precinct In Favor Tellers Oppo
1 7 Frieda Bisberg 7
2 6 Rena W. Abelmann 13
3 13 Shirley A. Byrne 7
4 6 Katherine G. Fricker 8
5 9 Judith K. Patkin 7
6 15 Susan S. Beck 2
7 10 Jacquelyn H. Ward 9
8 4 Mary E. Shunney 10
9 8 Joan N. L. Collins 5
At large 8 Patricia K. Hagedorn 12
Totals 86 80
Resolution adopted. 10:45 P. M.
Howard M. Kassler moved that Article 82 be tabled.
Carried unanimously. 10 :45 P. M.
(See Page 129)
Article 83. Presented by Eric T. Clarke.
(Motion MOTION: That the Town accept Section 6H of Chapter 40 of the
as General Laws.
adopted) 10:45 P. M.
(Ch. 40, Sec. 6H. MAKING OF REPAIRS ON CERTAIN PRIVATE WAYS BY
MUNICIPALITIES WITHOUT LIABILI'ZY FOR DAMAGE.)
Sheila M. Busa served notice of reconsideration of Article 81. 10:50 P. M.
Article 83. In answer to a question raised by H. Bigelow Moore, Mr. Clarke said
(Cont.) that the town would be doing more road repairing in the future because
none is being done now. 10 :53 P. M.
Selectman Kassler said that it is not the intention of the town to do
extensive repairs but there has been and could be damage to police
and fire apparatus. The Town Meeting will still hold the purse
strings. 11 P. M.
( Adjourned Town Meeting - April 7, 1976)
Article 83. Charles H. Cole, 2nd moved the previous question. 11:05 P. M.
(Cont.)
Ephraim Weiss moved that Article 83 be tabled. This motion declared
lost by voice vote. 11:05 P. M.
Previous question, as moved by Mr. Cole, declared carried by voice
vote. 11:05 P. M.
Mr. Clarke said that the Planning Board is sympathetic to people
who live on streets that are not in good condition and therefore
urge passage of this article. 11:07 P. M.
Main motion, as offered by Eric T. Clarke, declared carried by
voice vote. 11:10 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, said that if meeting
number eight was needed, April 26, 1976 was recommended, and April 28, 1976 for
meeting number nine. 11:12 P. M.
Arthur. C. Smith served notice of reconsideration of Article 83. 11:13 P. M.
Howard M. Kassler moved that the meeting be adjourned to Monday, April 12,
1976 at 8 P_ M. in Cary Memorial Hall.
Carried by voice vote. 11 :13 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
AD JOURNED TOWN MEETIN APRIL 12, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:08 P. M. in Cary Memorial Hall.
There were 186 Town Meeting Members present.
The invocation was offered by Rev. Diane Miller, Minister of the Follen
Community Church. 8:09 P. M.
Fred C. Bailey moved that Article 82 be taken off the table.
Carried unanimously. 8:09 P. M.
(See Page 127)
Article 82. Presented by Fred C. Bailey.
(Motion MOTION: That the Town accept Section 7A of Chapter 32B of the
as General Laws. 8:09 P. M.
adopted)
(Ch. 32B, Sec. 7A. GOVERNMENTAL UNITS MAY MAKE PAYMENT OF SUB-
SIDIARY OR ADDITIONAL RATE FOR INSURANCE FOR EMPLOYEES AND
DEPENDENTS; WITHHOLDINGS1- ACCEPTANCE OF SECTION, ETC.)
Verbal or written notices were received from the following to
the effect that they would not be voting on this article because of
a possible conflict of interest:
Lincoln P. Cole, Jr., Winifred L. L. Friedman, Martin A. Gilman,
Howard M. Kassler, Mary R. McDonough, Myron L. Miller, Richard M.
Perry and William T. Spencer.
Mr. Bailey read an excerpt from Chapter 32B, Section 7A and stated
that if this article passed that the Selectmen would recommend
that the Town pay 75% of the Blue Cross and insurance and that the
employee pay 25 %; a motion would be made to take Article 4, line
item #1700 from the table and the figure that would be moved would
reflect the 75 - 25, and, if this passed, they would then take up
Article 5. If Article 5 passed, then notice of reconsideration
would be served in the event that the Fire Department Collective
Bargaining Group came to an agreement. 8:19 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, reviewed
some of the aims and philosophies of the Board in regard to the
town employees. 8:23 P. M.
Town Manager, Walter C. O'Connell summarized the personal services
budget picture and the several months of collective bargaining.
8:39 P. M.
John B. Butler, Chairman of the Personnel Advisory Committee,
stated that his committee recommended the passage of this article
and the 75% - 25 %. 8:47 P. M.
Patricia A. Swanson, Chairman of the School Committee, stated that
her committee recommended passage of this article. 8:48 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, stated
that the Appropriation Committee voted to recommend this motion.
8:53 P. M.
In answer to a question raised by Joseph 0. Rooney, Mr. Bailey
said that this would not cover retired employees as it is not
authorized by the statutes. 8:57 P. M.
James M. McLaughlin moved the previous question which was declared
lost by voice vote. 9:05 P. M.
After general discussion, Joseph 0. Rooney moved the previous
question which was declared carried by voice vote. 9:40 P. M.
Main motion, as offered by Mr. Bailey, declared carried by voice
vote. 9:40 P. M.
(Adjourned Town Meetin - April 12, 1976)
Howard M. Kassler moved that Article 4, line item #1700 be taken off the table.
Carried by voice vote. 9:41 P. M.
(See Page 91)
Article 4. Presented by Howard M. Kassler.
MOTION:
Insurance
41700 Group $ 542,000.
Carried by voice vote. 9:42 P. M.
Howard M. Kassler moved that Article 5 be taken off the table.
Carried unanimously. 9:42 P. M.
(See Page 95) (See Page 140 & 141.)
Article 5. Presented by Howard M. Kassler.
MOTION: That $260,740.00 be appropriated for the ensuing fiscal
year for the following accounts, 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 1977 Personal Services budget and that such amount be raised
in the tax levy:
Account No.
3770 Police Collective Bargaining Unit 39,000.
4120 Fire Dept. Collective Bargaining Unit 0
4900 D.P.W.Collective Bargaining Unit 51,000.
7800 Contributory Pension Fund 20,500.
7825 Non - Contributory Pension Fund 7,150.
9000 *Other departments - Personal Services 143,090.
260,740.
*Account No. 9000 to be distributed among the following accounts as authorized
by the Board of Selectmen:
1000 Selectmen
1060 Town Manager
1075 Clerical Services
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 Animal Control
3760 Police Dept. Management and Staff
4110 Fire Dept. Management and Staff
4300 Local Disaster Services
4450 Inspection
4950 Dept. Public Works Management and Staff
5100 Engineering
5200 Town Building Maintenance
7100 Veterans' Benefits
(See 7500 Library
Page
140 & Carried by voice vote. 9:45 P. M.
141.)
Fred C. Bailey served notice of reconsideration of Article 5. 9:46 P. M.
(Adjourned Town Meeting - April 12, 1976)
Allen Lee Whitman, Jr. moved for reconsideration of Article 20 which was
declared lost by voice vote. 9:46 P. M.
A recess was called by the Moderator at 9:47 P. M.
The Moderator called the meeting to order at 10 P. M.
Article 84. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town a sewer easement from Nishan and
Elizabeth Haroian as shown on a plan entitled "Plan Showing 20 ft.
Sewer Easement Through Land Owned by Nishan Haroian and Elizabeth
Haroian, Concord Avenue, Lexington, Massachusetts," dated
October 29, 1974, by Camp, Dresser & McKee Inc., said easement
having previously been granted to Temple Emunah.
Carried unanimously. 10:02 P. M.
Article 85. Presented by Manfred P. Friedman.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town for conservation purposes a deed from
Oneida Corporation, conveying to the Town Lot 4 (10,346 acres ±)
as shown on a plan entitled "Drummer Boy Green, Lexington, Mass. ",
dated October 25, 1974, revised December 6, 1974, by Boston Survey
Consultants, Inc., recorded in Middlesex South Registry of Deeds,
and a 50 -foot easement along that portion of the Drummer Boy
subdivision that does not abut conservation land.
Carried unanimously. 10:04 P. M.
Article 86. Presented by Manfred P. Friedman.
MOTION: That the Selectmen be and they hereby are authorized to
accept on behalf of the Town a deed from Village Development Corp.
conveying to the Town Parcel "A" (152,045 square feet), and Parcel
"B" (4,041 square feet) as shown on a plan entitled "Lowell Estates
Section 2, Lexington, Mass. ", dated June 24, 1974, by Miller and
Nylander, Civil Engineers and Surveyors, recorded in Middlesex
South Registry of Deeds.
Carried unanimously. 10:08 P. M.
Article 87. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized to
reconvey such part, if any, of the sewer easement shown on a plan
entitled "Plan of Drain Easement off Green Lane, Lexington, Mass.,
dated May 9, 1967, John J. Carrel, Town Engineer ", which is no
longer needed to Anthony and Gabrielle Mazza.
Carried unanimously. 10:13 P. M.
Article 88. Presented by Margery M. Battin.
MOTION: That the Selectmen be and they hereby are authorized to
convey a strip of Town owned land acquired on the southerly side of
Wood Street at the time of relocation of said Wood Street and shown on
Assessors' Property Map 59, to the owners of lots abutting thereon on
such terms as the Selectmen shall deem advisable, provided that the
grantees will bear all expenses of the conveyances.
Carried unanimously. 10:17 P. M.
(Adjourned Town Meeti - April 12, 1976)
Article 89. Presented by Manfred P. Friedman.
(Approved by MOTION: That the Zoning By -Law of the Town be amended by adding the
Atty. Gen., following sentence at the end of subsection 13.1:
Francis X.
Bellotti, "At the time of application to the Board of Appeals, there shall be
August 11, filed a plot plan for planting and landscaping showing type, size
1976. and location of trees and shrubs."
Advertised It being understood that by this vote the Town does not intend to
in Lex. accept and adopt Chapter 808 of the Acts of 1975.
Min. Man, 10:17 P. M.
Aug. 26,
Sept. 2 & Mr. Friedman filed the Planning Board Report covering this article
9, 1976.) which states that the Planning Board unanimously endorses adoption. "
10:18 P. M.
Main motion, as offered by Mr. Friedman, declared carried
unanimously. 10:20 P. M.
Article 90. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -law of the Town be amended as follows:
(Approved by A. by adding a new Section 27.1 as follows:
Atty. Gen.,
Francis X. Section 27.1 Brook and Pond Setbacks
Bellotti,
August 11, 27.1 No structure, other than a bridge or pump house, shall be
1976. built within 20 feet of the bank of any pond having an area over
2000 square feet nor within 20 feet of the bank of any of the
Advertised following brooks:
in Lex.
Min. Man, 27.1.1 Kiln Brook, starting between the Minute Man National Park
Aug. 26, and Wood Street, from ponds in the Pine Meadows Golf Course, and
Sept. 2 & from Town -owned land near Hill St.; continuing, and including a
9, 1976.) tributary N.W. of Route 128, across Hartwell Avenue to the Bedford
Town Line.
27.1.2 Simonds Brook from its origin on Town owned land N.E. of
Grove Street to Kiln Brook including that portion sometimes known as
Farley Brook.
27.1.3 A brook sometimes known as Turning Mill Brook from its
origin N.E. of Emerson Road near Route 128 to Simonds Brook.
27.1.4 North Lexington Brook from where it emerges from a culvert
near Brigham Road to Kiln Brook.
27.1.5 Clematis Brook, (also known as Beaver Brook) from its origins
west of Waltham Street to the Belmont Town Line near Concord Avenue;
including tributaries originating near Marrett Road and Bacon Street,
near Marrett Road and Tricorn Road, near Blossom Street and Route 2,
and near Philip Road.
27.1.6 An unnamed brook from the vicinity of Valleyfield Street to
the Waltham City line (from whence it flows to Hardy's Pond).
27.1.7 An unnamed brook from its source near Hayden Avenue to the
Waltham City line (from whence it flows towards Cambridge Reservoir).
27.1.8 The North Branch of the Upper Vine Brook from the Lexington
Reservoir until it goes underground.
27.1.9 The South Branch of the Upper Vine Brook from its source ber
tween the two unconnected parts of Sherburne Road until it goes
underground near Vinebrook Road.
27.1.10 Lower Vine Brook, from where it surfaces near Hayes Lane
to the Burlington Town Line.
(Adjourned Town Meeting - April 12, 1976)
Article 90.
(Cont.)
27.1.11 Munroe Brook, from near Woburn Street to the Arlington
Reservoir including a tributary originating in a pond on Whipple Hill,
a tributary flowing in from Arlington near Patricia Terrace and a
tributary north of Maple Street.
27.1.1.2 Fessenden Brook from the start of its two branches in
Munroe Meadows to Munroe Brook.
27.1.13 Sickle Brook from its two sources near Peacock Farm and
Pleasant Street to the Arlington Town Line.
27.1.14 An unnamed brook from Cary Avenue until it goes underground
near Birch Hill Lane; including its east branch originating near Middle
Street.
27.1.15 An unnamed brook entering Lexington from Waltham west of
Route 128 to the Cambridge Reservoir.
27.1.16 An unnamed brook from the pond near Shade Street to the
Cambridge Reservoir.
27.1.17 An unnamed brook from Concord Avenue near Blossom Street
to Waltham Street.
27.1.18 Two branches of Shaker Glen Brook from their sources near
Rolfe Road and Peachtree Road to the Woburn City Line.
B. By adding the brooks referenced in subsections 27.1.1 to 27.1.18
to the zoning map.
C. By adding the following definition to Section 40 immediately
after the definition entitled "Accessory Use or Building ":
"Bank: Land adjoining a pond or stream which serves to confine
said water."
It being understood that by this vote the Town does not intend to
accept and adopt Chapter 808 of the Acts of 1975.
10:24 P. M.
Mr. Friedman filed the Report of the Planning Board covering this
article which states that the Planning Board unanimously recommends
adoption of this article. 10:25 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
supports this article. 10:29 P. M.
Angela E. Frick stated that the Conservation Commission supports
this article. 10:33 P. M.
Main motion, as presented by Mr. Friedman, declared carried
unanimously. 10:42 P. M.
Howard M. Kassler moved that the meeting be adjourned to Monday, April 26,
1976 at 8 P. M. in Cary Memorial Hall but withdrew his motion at the request of
the Moderator. 10:42 P. M.
Article 2. Lincoln P. Cole, Jr., Moderator, moved that the Report of Regional
Refuse Disposal Planning Committee for the Year 1975 be accepted and placed on
file. (Mr. Cole filed this for Committee Member, William R. Whalon.)
Carried unanimously. 10:43 P. M.
Howard M. Kassler moved that the meeting be adjourned to Monday, April 26,
1976 at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:44 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
Melvin G. Holland, 38 Webster Road, resigned as a Town Meeting Member from
Precinct 3 effective April 23, 1976.
John P. Carroll, 31 Allen Street, having received the next highest number
of votes as a defeated candidate for Town Meeting Member in Precinct 3 at the
March 1, 1976 election, accepted a position as Town Meeting Member from
Precinct 3 on April 26, 1976. Mr_. Carroll will fill the vacancy caused by
Mr. Holland's resignation for a term of one year expiring in March 1977.
I
ADJOURNED TOWN ME - APRIL 26, 1976
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr_ at
8:08 P. M. in Cary Memorial Hall.
There were 178 Town Meeting Members present.
The invocation was offered by Rev. Henry H. Clark, Minister at the Hancock
United Church of Christ. 8 :09 P. M.
Richard A. Michelson moved reconsideration of Article 57. 8:10 P. M.
Shirley A. Stolz, who had originally presented Article 57 on March 31, 1976,
urged passage of the motion to reconsider and stated that, if reconsidered,
the figure would be reduced from $73,000.00 to $70,000.00.
8 :13 P. M.
Peter Lollis, Joanne Frey, Bruce Jacobson and Katherine Rockstroh,
residents in the area of this proposed Conservation purchase, spoke from the
balcony urging passage of the motion to reconsider Article 57 and the motion to
purchase the land. 8:20 P. M.
Selectman, Alfred S. Busa, spoke in opposition, stating that the land is
too expensive. 8 :23 P. M.
Motion to reconsider Article 57 is declared carried by voice vote.
8:32 P. M.
At the request of Howard M. Kassler, Chairman of the Board of Selectmen, a
three minute recess was called at 8:32 P. M.
The Moderator called the meeting to order at 8:38 P. M.
Article 57. (See Page 111.)
Howard. M. Kassler moved to delete the figure of $73,000.00 from the
original motion and substitute therefor the figure of $67,500.00.
8:38 P. M.
In answer to a question by J. Keith Butters, Shirley A. Stolz
stated that the Conservation Commission was in favor of this
amendment. 8 :47 P. M.
Mr. Kassler's motion to amend was declared carried by voice vote.
8:48 P. M.
Donald B. White, Vice Chairman of the Appropriation Committee,
stated that his committee still opposed this article.
8 :53 P. M.
(Adjourned Town Meeting - April 26, 1976)
Article 57. Voice vote on the main motion, as amended, was not unanimous, so a
(Cont.) standing vote was taken as follows;
Precinct In Favor Tellers Opposed
1 7 Frieda Bisberg 9
2 6 Rena W. Abelmann 10
3 16 Shirley A. Byrne 3
4 7 Judith J. Uhrig 9
5 12 Ephraim Weiss 4
6 13 Susan S. Beck 6
7 11 Jacquelyn H. Ward 4
8 12 Mary E. Shunney 3
9 14 Jane P. Buckley 5
At large 10 Patricia K. Hagedorn 10
Totals 108 63
Less than the required two — thirds having voted in favor, the motion
as presented by Mrs. Stolz and amended by Mr. Kassler is not adopted.
8:58 P. M.
James E. Barry moved reconsideration of Article 72 and then gave his reasons
for this motion. 9:05 P. M.
Mr. Barry's motion to reconsider Article 72 was declared lost by voice vote.
9:07 P. M.
Eric T. Clarke moved that Article 93 be taken up at this time out of order.
Carried by voice vote. 9:07 P. M.
Article 93. Albert P. Zabin asked if the reading of this motion could be
dispensed with. The Moderator, not hearing any objections, stated
that the reading would be dispensed with. 9:08 P. M.
(Motion as presented, but not read, is as follows:
MOTION: That Section 37 of the Zoning By -Law of the Town be amended
as follows:
A. By striking out subsections 37.1, 37.3, 37.4 and 37.5 and
substituting therefor the following:
37.1 Purposes of District. The purposes of the Wetland Protection
District are to preserve and maintain the ground water table; to
protect the public health, welfare and safety by protecting persons
and property against the hazards of flood water inundation and damage
from the hazards incidental to development in wetlands; to protect
the community against the costs which may be incurred when unsuit-
able development occurs in swamps, marshes, along water courses, or in
areas subject to floods; and to preserve and protect swamps, marshes
and other wetlands by preventing environmentally damaging development.
37.3 Permitted Activities. Within a Wetland Protection District no
activity shall be engaged in without a special permit as provided in
Sections 37.4, 37.5, 37.5 -1 or 37.5 -2 except for one or more of the
following; any woodland, grassland, wetland, agricultural, horticultural,
or recreational activity which does not require filling of the land.
37.4 Special Permits for Structures Accessory to Permitted Uses.
The Board of Appeals shall issue a special permit for buildings and
structures accessory to any of the uses permitted in Section 37.3, or
for filling and excavation of the land for such uses, if the Board
finds that such building, structure or filling or excavation is in
harmony with the general purpose and intent of Section 37, and such
building or structure or the necessary construction work for such
building or structure will not create a significant risk of appreciably
disturbing the water table, so as to create a risk of harm to the
property, health, safety, convenience and welfare of other persons or
(Adjourned Town Meeting - April 26, 1976)
Article 93. of the town, or of causing surface flooding. A copy of every
(Cont.) application for such a special permit shall be given by the applicant
at the time of submission of the application to the Board of
Selectmen, to the Board of Health, to the Town Engineer, to the
Planning Board, and to the Conservation Commission.
37.5 Special Permits for Development in Harmony With General
Purposes of the District. The Board of Appeals may issue a special
permit for any development of land which would otherwise be permitted
if such land were not, by operation of this action, in the Wetland
Protection District if the Board finds (1) that such land within the
District is in fact not subject to flooding or is not unsuitable
because of drainage conditions for such development and (2) that the
development of such land in the manner proposed will be consistent
with the general purposes for which Wetland Protection Districts have
been established, and (3) that such development will not create a
significant risk of appreciably disturbing the water table so as to
create a risk of harm to the property, health, safety, convenience
and welfare of other persons or of the town or of causing surface
flooding so as to create a risk of harm to the property, health,
safety, convenience and welfare of other persons or of the town,
and will not otherwise be detrimental to the public health, convenience,
safety, or welfare. At the time of submission a copy of every
application for a special permit under this section shall be given by
the applicant to the Planning Board, the Board of Health, the
Conservation Commission, the Town Engineer, and the Board of Selectmen.
The Board of Appeals shall not hold a public hearing on the applica-
tion earlier than thirty days after submission of the application.
The above -named Boards, Commissions or officials shall submit reports
or recommendations on the application to the Board of Appeals at or
before the public hearing on the application, but failure to make such
reports or recommendations shall not prevent action by the Board of
Appeals.
37.5.1 If any of the Boards, Commissions, or officials to whom a
copy of the application must be given in accordance with Section 37.5
recommends that the application be denied or recommends that the
application be granted only on certain conditions, the Board of
Appeals shall not unconditionally grant the application unless the
applicant presents evidence which responds specifically and in detail
Lo such objection or recommendation and establishes that the proposal
meets the pre- requisites for the granting of such a special permit set
forth in 537.5 (1), (2) and (3) or that the imposition of the
recommended conditions is unreasonable and subjects the applicant to
undue hardship. The application shall not be unreasonably denied.
37.5.2 If any of the town Boards, Commissions, or officials to
whom a copy of the application must be given in accordance with
Section 37.5 gives the Board of Appeals any recommendation other
than an unqualified approval of the application, it shall deliver to
the applicant or his attorney, by mail, or in hand, a copy of its
recommendations or report not less than seven days prior to the
scheduled public hearing. The Board of Appeals shall, on request of
the applicant, grant him a continuance for such reasonable time as
may be necessary to prepare his case. If the Board of Appeals
overrules a recommendation or objection of such town Boards,
Commissions, or officials, and issues the special permit, it shall
state in writing its reasons, in full.
B. By striking the word "uses" in the caption of Section 37.6 and
substituting the word "activities", and striking the word "land"
from the first and fourth line of Section 37.7.
It being understood that by this vote the Town does not intend to
accept and adopt Chapter 808 of the Acts of 1975.)
once
Mr. zabin, being recognize /and for the second ten minutes, gave
the background of the wetland articles. 9:27 P. M.
Mr. Zabinfled the Planning Board Report covering Articles 91 and
93. 9:28 P. M.
(Adjourned Town Meeting - April 26, 1976)
Article 93. After general discussion, a voice vote was taken on the main
(Cont.) motion, which was not unanimous, so a standing vote was taken as
follows:
Precinct In Favor Tellers Opposed
1 7 Frieda Bisberg 8
2 7 Rena W. Abelmann 8
3 13 Shirley A. Byrne 6
4 10 Judith J. Uhrig 6
5 9 Ephraim Weiss 7
6 18 Susan S. Beck 1
7 13 Jacquelyn H. Ward 2
8 8 Mary E. Shunney 11
9 15 Jane P. Buckley 4
At large 11 Patricia K. Hagedorn 9
Totals 111 62
Less than the required two - thirds having voted in favor, the motion
presented by Mr. Zabin is not adopted. 9:57 P. M.
Albert P. Zabin served notice of reconsideration of Article 93. 9:59 P. M.
Article 91. Albert P. Zabin moved that this article be indefinitely postponed.
(Planning Board Report covering this article filed under Article 93.)
Motion to indefinitely postpone Article 91 declared carried by
voice vote. 9:59 P. M.
Albert P. Zabin served notice of reconsideration of Article 91. 9:59 P. M.
Article 30. (See Page 102.)
Albert P. Zabin moved that this article be indefinitely postponed.
(Planning Board Report covering this article filed under Article 94.)
Motion to indefinitely postpone Article 30 declared carried by
voice vote. 10 P. M.
Albert P. Zabin served notice of reconsideration of Article 30. 10 P. M.
Article 92. Albert P. Zabin moved that this article be indefinitely postponed.
(Planning Board Report covering this article filed under Article 94.)
Mr. Zabin's motion was declared carried by voice vote, which was
doubted by more than twenty members, so a standing vote was taken
as follows:
Precinct In Favor Tellers Opposed
1 8 Frieda Bisberg 5
2 6 Rena W. Abelmann 7
3 16 Shirley A. Byrne 3
4 5 Judith J. Uhrig 11
5 5 Ephraim Weiss 9
6 14 Susan S. Beck 3
7 14 Jacquelyn H. Ward 1
8 4 Robert J. Burbidge 13
9 14 Jane P. Buckley 5
At large 10 Patricia K. Hagedorn 6
Totals 96 63
Motion to indefinitely postpone Article 92 prevailed. 10:03 P. M.
(Adjourned Town Mee ting - April 26, 1976)
r s: —
Article 93. (See Page 135.)
Article 94. Presented by Stanley A. Brown.
MOTION: That the Zoning By -Law of the Town be amended by adding a
(Approved new subsection 26.7 to read as follows:
by Atty.
Gen., 26.7 The basement floor or slab of any dwelling house or accessory
Francis X. structure thereto shall not be less than 4 feet above the water table;
Bellotti, said distance to be determined by methods and procedures approved by
August 11, the Building Commissioner. Provided, however, this section shall
1976. not apply to any dwelling house or accessory in existence or for
which a building permit has been issued on or before the effective
Advertised date of this section, nor shall this section be construed to
in Lex. prevent or restrict any addition, alteration, repair or reconstruction
Min. Man, of any dwelling house in existence or for which a building permit
Aug. 26, has been issued on or before the effective date of this section.
Sept. 2,
& 9, It being understood that by this vote the Town does not intend to
1976.) accept and adopt Chapter 808 of the Acts of 1975.
10:05 P. M.
Mr. Brown filed the Planning Board Report covering this article.
10:10 P. M.
The Planning Board Reports covering Articles 91 and 93, and Articles
92 and 30 were placed on file. 10:12 P. M.
After general discussion, a voice vote was taken on Article 94 but
was not unanimous, so a standing vote was taken as follows:.
Precinct In Favor Tell Opposed
1 10 Frieda Bisberg 5
2 1.3 Rena W. Abelmann 2
3 20 Shirley A. Byrne 0
4 12 Judith J. Uhrig 1
5 14 Ephraim Weiss 0
6 17 Susan S. Beck 2
7 15 Jacquelyn- H. Ward 0
8 13 Robert J. Burbidge 2
9 15 Jane P. Buckley 2
At large 14 Patricia K. Hagedorn 2
Totals 143 16
More than the required two - thirds having voted in favor, the main
motion, as presented by Mr. Brown, was adopted. 10:24 P. M.
Manfred P. Friedman served notice of reconsideration of Article 92.
10:25 P. M.
Sheila M. Busa moved reconsideration of Article 81. This motion was declared
lost by voice vote. 10 :27 P. M.
Article 95. Presented by Eric T. Clarke.
MOTION: That the Zoning By -Law of the Town be amended as follows:
A. By inserting at the beginning of Section 26 the words "Except as
provided in Section 26.8,"
B. By adding a new subsection 26.8 as follows:
26.8 The Board of Appeals acting in accordance with the provisions
of Section 13 of this By -Law may after a site plan review, grant a
special permit for the provision of three or more dwellings on a lot
situated in an RO, RS or RT district, provided that the minimum lot
area shall be equal to 115 percent of the minimum lot areas given in
Section 27 multiplied by the total number of dwellings to be
situated thereon.
(Adjourned Town Meeting - Apr 26, 1976)
Article 95. It being understood that by this vote the Town does not intend to
(Cont.) accept and adopt Chapter 808 of the Acts of 1975.
10:28 P. M.
The Majority and Minority Planning Board Reports covering this
article were placed on file. 10:28 P. M.
Erik Lund moved to refer the subject matter of this article back to
the Planning Board but this motion was declared lost by voice vote.
10:53 P. M.
After general discussion, Paul G. Yewell moved the previous
question which was declared carried by voice vote.
10 :58 P. M.
Main motion, as presented by Eric T. Clarke, was declared lost
by a unanimous vote. 11 P. M.
Howard M. Kassler moved that the meeting be adjourned to Monday, May 3,
1976 at 8 P. M. in Cary Memorial Hall.
Declared carried by voice vote. 11:01 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - MAY 3, 1976
The meeting was called to order in Cary Memorial. Hall at 8 :06 P. M. by the
Moderator, Lincoln P. Cole, Jr.
There were 178 Town Meeting Members present.
Invocation offered by Rev. Dr. Donald A. Wells, Pastor of the Trinity Covenant
Church. 8:08 P. M.
Patricia A. Swanson moved to take line item 97920 of Article 4 from the
table. Carried unanimously. 8:09 P. M.
(See Page 94)
Article 4_ Presented by Patricia A. Swanson.
Public Schools
#7920 Public School- Education $ 15,136,971.
*Of which $12,100. is for out of state travel.
To which the sum of $342,280. in available and
anticipated P.L. 874 and State METCO funds is to
be applied and the balance is raised and
appropriated under this article.
8 :10 P. M.
Howard M. Kassler filed a written notice stating that he would
abstain from voting or debating the School budget.
Donald B. White, vice Chairman of the Appropriation Committee, filed
a report under this article which stated that although the committee
had somewhat mixed feelings about the School Budget this year, they
felt that this budget should be accepted by this Town Meeting as
being in the best interest of the education of our children and the
ability of our taxpayers to pay for this education.
8:27 P. M.
Marian C. Reilly moved to amend line item 47920 of Article 4 by
striking the sum of $15,136,971. and inserting in it's place the
sum of $15,138,795. 8:41 P. M.
Mrs. Reilly explained that she wished to eliminate towel services
and matrons and put back one -half specialist system wide.
8:47 P. M.
Mrs. Swanson spoke in opposition to this amendment. 8:48 P. M.
A motion to amend the amendment by Martin V. Sussman was ruled out
of order by the Moderator. 8:53 P. M.
Mrs. Reilly's motion to amend was declared lost by voice vote.
8:54 P. M.
Main motion, as offered by Mrs. Swanson, declared carried by voice
vote. 8:54 P. M.
Howard M. Kassler moved reconsideration of Article 5 which was declared
carried by voice vote. 8:55 P. M.
(See Page 130)
Article 5. Howard M. Kassler moved to amend Article 5 to read as follows:
MOTION: That $314,740 be appropriated for the ensuing fiscal year
for the following accounts, 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 1977 Personal Services budget and that such amount be
raised in the tax levy:
(Adjourned Town Meeting - May 3, 1976)
Article 5. Account No.
(Cont.)
3770 Police Collective Bargaining Unit )
4120 Fire Dept. Collective Bargaining Unit) $144,000.
4900 D.P.W. Collective Bargaining Unit )
7800 Contributory Pension Fund 20,500.
7825 Non - Contributory Pension Fund 7,140.
9000 *Other departments - Personal Services 143,090.
$314,740.
*Account No. 9000 to be distributed among the following accounts as
authorized by the Board of Selectmen:
1000 Selectmen
1060 Town Manager
1070 Temporary Help and Overtime
1075 Clerical Services
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 Animal Control
3760 Police Dept. Management and Staff
4110 Fire Dept. Management and Staff
4300 Local Disaster Services
4450 Inspection
4950 Dept. Public Works Management and Staff
5100 Engineering
5200 Town Building Maintenance
7100 veterans' Benefits
7500 Library
8:58 P. M.
Mr. Kassler's motion to amend Article 5 declared carried unanimously.
9:08 P. M.
Main motion, as amended, declared carried unanimously. 9:09 P. M.
John J. McWeeney moved to take Article 46 off the table which was carried by
voice vote. 9:09 P. M.
(See Page 107.)
Article 46. John J. McWeeney moved that this article be indefinitely postponed.
Carried by voice vote. 9:10 P. M.
John J. McWeeney moved to take Article 56 from the table which was carried
unanimously. 9:10 P. M.
(See Page 111.)
Article 56. Presented by John J. McWeeney.
MOTION: (a.) That the Selectmen be and they hereby are authorized
to accept on behalf of the Town for conservation purposes the land
shown as Lot 30 on Assessors' Property Map 56 from Moore Homes, Inc.
:r_/1 (Adj ourned Town Meeting - May 3, 1976)
Article 56. (b.) That the Conservation Commission be authorized to purchase
(Cont.) or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation
as provided by Section 8C of Chapter 40 of the General Laws, any
fee, easement or conservation restriction as defined in Section 31
of Chapter 184 of the General Laws or other interest in all or any
part of land shown as Lots 142B and 143 on Assessors' Property Map
64 and described in decd recorded in Middlesex South Registry of
Deeds, Book 12276, Pages 121 and 122, now or formerly of EAT Realty
Trust; that the sum of $56,000.00 be appropriated for such land
acquisition and that such amount be transferred from the appro-
priation voted under Article 40 of the Warrant for the 1975 Annual
Town Meeting.
9:12 P. M.
Mr. McWeeney stated that he wished to have this article voted on in
two sections. 1. (a) the acceptance of the gift from Mark Moore
and 2. (b) the purchase of the land.
9:18 P. M.
Howard M. Kassler stated that the Board of Selectmen was unanimously
in favor of this article. 9:18 P. M.
The Moderator stated that the vote would be taken in two parts.
Subsection (a.). Declared carried unanimously by voice vote.
9:25 P. M.
Su bsection (b.). Voice vote not unanimous, so a standing vote
taken as follows:
Precinct In Favor Tellers Opposed
1 6 Frieda Bisberg 7
2 13 Rena W. Abelmann 0
3 14 Shirley A. Byrne 0
4 7 Angela E. Frick 2
5 14 Judith K. Patkin 1
6 16 Susan S. Beck 1
7 14 Jacquelyn H. Ward 2
8 8 Mary E. Shunney 6
9 11 Jane P. Buckley 7
At large 24 Patricia K. 11agedorn 2
Totals 127 28
More than the required two - thirds having voted in favor_, the motion
under Subsection (b.) was adopted. 9:28 P. M.
Shirley A. Stolz moved to take Article 62 from the table which was declared
carried unanimously. 9:27 P. M.
(See Page 114.)
Article 62. Presented by Shirley A. Stolz.
MOTION: That the sum of $15,000.00 be appropriated to the Conserva-
tion Fund, established by vote under Article 9 of the warrant for the
Special Town Meeting of June 8, 1964, and that to raise such amount
$5,000.00 be transferred from the unexpended balance of the amount
appropriated under Article 57 of the warrant for the 1973 Annual
Town Meeting and $10,000.00 be raised in the tax levy.
Carried unanimously. 9:30 P. M.
(Adjourned Town Meeting - May 3, 1976)
Article 96. Presented by Paul J. MacKenzie.
(Approved MOTION: That Section 22 of the Zoning By -Law of the Town be
by Atty. amended by:
Gen.,
Francis. X. A. Adding a subsection number 22.51 before the paragraph under
Bellotti, the heading "22.5 wetland protection districts ";
Aug. 11,
1976. B. Adding a subsection number 22.6 before the words "RD -
multi- family dwelling districts ";
Advertised
in Lex. C. Changing the presently designated subsection 22.51 to read
Min. Man, 11 22.61 A district on the northerly side of Bedford Street and
Aug. 26, southerly side of Winter Street as shown on the Zoning District
Septa 2 & Map No. RD -1 entitled RD Multi- Dwelling designated thereon 22.6 ".
9, 1976.)
It being understood that by this vote the Town does not intend to
accept and adopt Chapter 808 of the Acts of 1975.
9:31 P. M.
Mr. MacKenzie filed the Report of the Planning Board on Article 96
unanimously endorsing the adoption of this article.
9:32 P. M.
Motion, as presented by Mr. MacKenzie, declared carried unanimously.
9:33 P. M.
Article 97. Presented by Paul J. MacKenzie.
(Approved MOTION: That the Zoning By -Law of the Town be amended as follows:
by Atty.
Gen., By deleting the number designation of subsection 24.8 pertaining to
Francis X. "Swimming Pool Regulations" and replacing the subsection number with
Bellotti, a new subsection number "24.7 ".
Aug. 11,
1976. It being understood that by this vote the Town does not intend to
accept and adopt Chapter 808 of the Acts of 1975.
Advertised 9:33 P. M.
in Lex.
Min. Man, Mr. MacKenzie filed the Report of the Planning Board on Article 97
Aug. 26, unanimously endorsing the adoption of this article.
Sept. 2 & 9:34 P. M.
9, 1976.)
Motion, as presented by Mr. MacKenzie, declared carried unanimously.
9:34 P. M.
Article 98. Presented by Paul J. MacKenzie.
(Approved MOTION: That Section 11 of the Zoning By -Law of the Town be amended
by Atty. as follows:
Gen.,
Francis X. By consistently striking in Sections 11, 11.2, 11.3, 11.4, 12.1,
Bellotti, 30.2 and in the Index, the term "Building Inspector" and replacing
Aug. 11, it with the term "Building Commissioner ".
1976.
It being understood that by this vote the Town does not intend to
Advertised accept and adopt Chapter 808 of the Acts of 1975.
in Lex. 9:35 P. M.
Min. Man,
Aug. 26, Mr. MacKenzie filed the Report of the Planning Board on Article 98
Sept. 2 & unanimously endorsing the adoption of this article.
9, 1976.) 9:35 P. M.
Motion, as presented by Mr. MacKenzie, declared carried unanimously.
9:37 P. M.
(Adjourne T own Meeting - May 3, 1976)
Martin V. Sussman moved reconsideration of Article 65. 9:38 P. M. (See Pg. 115)
After Mr. Sussman explained his reasons for wishing to reconsider Article 65
and Alfred S. Busa, the maker of the original motion under Article 65, spoke
against reconsideration, the motion to reconsider Article 65 was declared lost
by voice vote. 9:53 P. M.
Article 99. Eric T. Clarke moved, at the request of Charles Rossi, owner of the
property in question, that this article be indefinitely postponed.
Carried by voice vote. 9:54 P. M.
Article 2. David A. Lavender asked if there was a report as authorized under
Article 47 of the 1975 Annual Town Meeting from the Conservation
Commission, Board of Selectmen and the Planning Board.
9:56 P. M.
After a short recess called by the Moderator to discuss this matter
with the Chairmen of the above boards, Howard M. Kassler, Chairman
of the Board of Selectmen, stated that they did not have a report at
this time and moved for an extension of one year to file this report.
Motion, as offered by Mr. Kassler, declared carried unanimously.
1.0:01 P. M.
Article 105. Presented by Edward E. Furash.
MOTION: That the sum of $1,400,000.00 be appropriated to reduce the
tax rate for the fiscal year beginning July 1, 1976, and that such
amount be transferred from the Excess and Deficiency Account.
10 :02 P. M.
Mr_. Furash stated that the estimated tax rate for this year was
$78.00 but predicted that it would be worse next year - somewhere
around the $85.00 range. 10:06 P. M.
Motion, as offered by Mr. Furash, declared carried unanimously.
10:09 P. M.
Howard M. Kassler moved that this meeting be dissolved. Carried unanimously.
10:10 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk