HomeMy WebLinkAbout1973-03-19- to 1973-04-12-ATM-min ANNUAL TOWN MEETING HELD MARCH: 19, 1973 "
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at 8:05 P. M. in Cary Memorial Hall.
There were 194 .Town Meeting Members present.
The invocation was offered by Rev. Harold T. Handley,
Rector of the Church of Our Redeemer. 8:07 P. M.
Town Clerk, Mary R. McDonough, read the warrant for the meeting
:-; until, further reading was waived. 8:08 P. M.
The Town Clerk read the Constable's Return of the warrant.
8:08 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.
8:09 P. M.
Mr. Furash stated, that if the recommendations of the
Appropriation Committee were followed, the estimated tax
rate would be $69.95.
8:12 P. M.
Motion, as offered by Mr. Furash, carried unanimously.
8:12 P. M.
George S. Silverman, Chairman of the Capital Expenditures
Committee, moved that the report of the Capital Expendi-
tures Committee be accepted and placed on file.
Carried Unanimously 8:13 P. M.
Stephen Michael Politi moved that the report of the
Committee on Cary Lectures be accepted and placed on
file and the Committee discharged.
Carried Unanimously 8:13 'P. M.
Iris G. Wheaton moved that the report of the Regional
Refuse Disposal Planning Committee for the Year 1972 be
accepted andplaced on file.
Carried Unanimously 8:13 P. M.
Allan F. Kenney moved that the Status Report on 1972
Articles by the Town Manager be accepted and placed on
file. 8:15 P. M.
Frank Sandy moved that the motion to accept the Status
Report be tabled. 8:16 P. M.
The Moderator stated that the motion is only to accept
the report, not to approve it. 8:16 P. M.
Mr. Sandy's motion to table declared lost by voice vote.
8:16 P. M.
Motion, as offered by Mr. Kenney , declared carried by
voice vote. 8:17 P. M.
Article 3. Presented by Allan F. Kenney.
MOTION: That a committee of three be appointed by the
Moderator to have charge of the lectures under the wills
of Eliza Cary Farnham and Suzanna E. Cary for the current
year.
Carried Unanimously 8:17 P. M.
382
Article 4. Presented by Allan F. Kenney.
MOTION: That the following amounts be appropriated for
the current year and be raisedinthe current, tax levy
except where a transfer is indicated they shall be provided
by such a transfer.
(The Moderator read the following items.)
Selectmen's Department
#1000 Personal Services $ 59,272.00
1050 Expenses 10,500.00
8:18 P. M.
Town Manager's Office
1060 Personal Services 74,410.00
1065 Expenses 2,106.00
8:18 P. M.
Town Manager's Jurisdiction
1075 Clerical Pool 35,385.00
1090 Professional Services 4,500.00
1125 Fire & Police Medical 6,305.00
1130 Director of Guides 1,500.00
1135 Out-of-State Travel 6,950.00
1140 Training & Travel - Out-of-State 4,200.00
1141 Tuition & Training Fees 12,575.00
1142 In-State Travel 7,500.00
8:18 P. M.
Selectmen's Jurisdiction
1145 Community Services 50.00
1146 Juvenile Services 17,950.00
1147 Bicentennial Comm. Exp. 750.00
8:19 P. M.
Town Clerk's Department
1150 Personal Services 55,335.00
1200 Expenses 1,430.00
1250 Vital Statistics 800.00
8:19 P. M.
Trustees of Public: Trusts
1450 Expenses 970.00
8:20 P. M.
Board of Appeals
1500 Personal Services 10,682.00
1550 Expenses 2,495.00
8:20 P. M.
Planning Board
1600 Personal Services 41,163.00
1650 Expenses - 4,737.00
8:20 P. M.
Insurance
1700 Group 310,698.00
Edward. E. Furash moved to substitute the sum of $297,012.00
for the figure $310,6.98.00 for line item 1700 in Article 4.
8:21 P. M.
Mr. Furash stated that, in his opinion, this item should
be on the ballot so that every voter would have the
opportunity to decide whether the insurance plan for all
town employees should be improved.
8:22 P. M.
Article 4. Mr. Kenney, Chairman of the Board of Selectmen,
#1700 (Cont.) spoke in defense of the better program.
After general discussion, the motion, as offered by
Mr. Furash, was declared carried by voice vote.
8:33 P. M.
This vote was doubted by more than twenty members,
therefore a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 9 Homer J. Hagedorn 9
2 15 Michael J. O'Sullivan 0
3 7 Wallace B. Baylies, Jr. 9
4 4 Joseph 0. Rooney 13
5 10 Arthur E. Burrell 8
6 8 John T. Harvell 7
7 6 Stephen T. Russian 13
8 10 Stanley E. Toye 10
9 11 Stephen Michael Politi 6
At Large 8 Howard L. Levingston 18
88 93
Motion to amend Item #1700, as offered by Mr. Furash,
declared lost. 8:38 P. M.
Mr. Politi asked that the vote be read by precincts
which was done by the Moderator.
8:39 P. M.
Insurance
#1700 Group $ 310,698.00
1750 Municipal Property & Workmen's Comp. 198,320.00
8:39 P. M.
Printing Town Report
1760 Expenses 12,903.00
8:39 P. M.
Law Department
1775 Fees 51,375.00
1800 Expenses 7,500.00
8:39 P. M.
Elections
1900 Selectmen Jurisdiction 13,375.00
1950 Town Clerk Jurisdiction 11,055.00
8:39 P. M.
Board of Registrars
2000 Personal Services 7,098.00
2050 Expenses 9,850.00
8:39 P. M.
Appropriation Committee
2250 Expenses 6,225.00
8:40 P. M.
Capital Expenditures Committee
2300 Expenses 150.00
8:40 P. M.
384
Article 4. Standing School Building Committee
(Cont.)
#2350 Expenses 50.00
8:40 P. M.
Permanent Building Committee
2360 Expenses 450.00
8:40 P. M.
Town Celebrations Committee
2400 Expenses 11,000.00
8:40 P. M.
Historic Districts Commission
2450 Expenses 2,135.00
8-:40 P. M.
Conservation Commission
2460 Expenses 6,295.00
8:40 P. M.
Recreation Committee
2470 Personal Services 93,125.00
2480 Expenses 23,085.00
8:41 P. M.
Treasurer't Department
2500 Personal Services 31,101.00
2525 Expenses 6,260.00
2575 Foreclosure & Redemption 2,250.00
8:41 P. M.
Tax Collector's Department
2650 Personal Services 36,074.00
2700 Expenses 4,015.00
8:41 P. M.
Comptroller't Department
2800 Personal Services 105,519.00
2850 Expenses 5,700.00
8:42 P. M.
Comptrollerla. Jurisdittion
2925 Office Machines Capital Outlay 33,150.00
2930 Office Machines - Maint. & Repair 84650..00
2935 Office Services -r Copier Supplies 8,000.00
2940 Metered Mail 16,800.00
8:42 P. M.
Assessors' Department
2950 Personal Services 71,764.00
3000 Expenses 3,500.00
8:42 P. N.
Health Department
3250 Personal Services 43,697.00
3300 Expenses 15,220.00
3450 Rabies Clinic 2,830.00
8:43 P. M.
385
Article 4. Health Jurisdiction - Dog Officer
(Cont.)
#3500 Personal Services 16,970.00
3550 Expenses 3,563.00
8:43 P. M.
Police Department
3750 Personal Services 1,1.39,800.00
Erik Lund questioned the need for the new patrolman
and moved to amend account #3750 to read $1,129,300.00.
8:50 P. M.
Motion to amend, as offered by Mr. Lund, declared lost
by voice vote. 8:57 P. M.
3750 Personal Services 1,139,800.00
(Of which $9,000.00 is to be transferred
from the Parking Meter Fund)
3800 Expenses 105,725.00
3900 (Of which $4,500.00 is to be transferred 4,500.00
(Parking Meter)from the Parking Meter Fund)
Maintenance) 8:57 P. M.
Fire Department
4100 Personal Services 1,081,695.00.*
4150 Expenses 66,270.00
4200 Ambulance Maintenance 2,000.00
4250 Forest Fires 100.00
*To which the sum of $825,000.00 in available
and anticipated P.L. 92-.512 funds (Federal
Revenue Sharing Funds) is to be applied.
8:58 P. M.
Local Disaster Services
4300 Personal Services 2,250.00
4350 Expenses 1,500.00
4360 Auxiliary Fire Expense • 400.00
8:58 P. M.
Ins*ection Department
4450 Personal Services 64,528.00
4500 Expenses 2,050.00
8:58 P. M.
Public Works Department
4900 Personal Services 1,278,378.00
(Of which $13,000.00 is to be transferred
from the Westview Perpetual Care Fund, and
$10,000.00 is to be transferred from the
Westview Sale of Lots Fund)
8:59 P. M.
Director of Public Works Office
c.„ 4950 Personal Services 171,575.00
5000 Expenses 5,610.00
8:59 P. M.
Engineering Department
5100 Personal Services 237,488.00
5150 Expenses 7,375.00
9 P. M.
_ _
386
Article 4. Town Buildings Maintenance
(Cont.)
#5200 Personal Services $ 60,054.00
5250 Expenses 144,620.00
9 P. M.
Highway Maintenance
5400 Expenses 97 200.00
(Of which $3,000.00 is to be transferred
from the Parking Meter Fund)
9:01 P. M.
Road Machinery
5450 Expenses 118,925.00
9:01 P. M.
Snow Removal
5500 Expenses 190,250.00
(Of which $2,500.00 is to be transferred
from the Parking Meter Fund)
9:01 P. M.
Traffic Regulations & Street Signs
5550 Expenses 12,500.00
9:02 P. M.
Street Lights
5600 Expenses 180,000.00
9:02 P. M.
Sewer Maintenance & Services
5700 Expenses 42,350.00
9:02 P. M.
Garbage Collection
5800 Contract 130,996.00
9:02 P. M.
Sanitary Land Fill
5850 Expenses 95,250.00
9:02 P. M.
Water Maintenance & Services
5900 Expenses 45,380.00
9:04 P. M.
Park
6000 Expenses 45,375.00
9:04 P. M.
Insect Suppression
6050 Expenses 1,700.00
9:04 P. M.
Shade Tree
6100 Expenses 11,500.00
9:04 P. M.
Dutch Elm Disease
6150 Expenses 2,500.00
9:04 P. M.
387
Article 4. Cemeteries
(Cont.)
#6400 Expenses 6,415.00
(Of which $1,500.00 is to be transferred
from the Westview Sale of Lots Fund)
9:04 P. M.
Veterans' Benefits
7100 Personal Services 10,400.00
7150 Administration 920.00
7200 Aid & Expenses 80,000.00
9:05 P. M.
Graves Registrations
7250 Expenses 625.00
9:05 P. M.
Soldiers' Burials
7300 Expenses 250.00
9:05 P. M.
Cary Memorial Library
7500 Personal Services 406,867.00*
7550 Expenses 126,497.00**
*$11,957.25 is also available as State Aid
to Libraries.
**To which will be added $4,463.61 received
from the County Dog License Fees.
9:05 P. M.
Board of Retirement
7800 Contributory Pension Fund 401,125.00
7825 Non-Contributory Pension Fund 130,000.00
7850 Expenses 3,500.00
9:15 P. M.
Patricia K. Hagedorn suggested that items #5800 and
#5850 be set aside until after the discussion of the
other articles on the sanitary landfill.
9:15 P. M.
Public Schools
7900 Personal Services 17,195,000.00*
7925 Expenses 2,483,000.00
7950 Out-of-State Travel 18,000.00
7960 Vocational Education - Tuition & Trans. 49,000.00
7970 Athletics 212,000.00
*To which the sum of $103,962,00 in available
and anticipated P.L. 864, P.L. 874, ESEA
P.L. 89-10 and State METCO funds is to be
applied, and the balance is raised and
appropriated under this article.
9:15 P. M.
Joseph A. Campbell moved to recommit to the School
Committee at this time line items 7900, 7925, 7950, 7960
and 7970 and request the School Committee to review,
reduce and resubmit their budget at a figure approximately
$200,000. less than $19,957,000. now shown for 18 months.
9:17 P. M.
Appropriation Committee unanimously in favor of Mr. Camp-
bell's motion. 9:28 P. M.
Motion, as offered by Mr. Campbell, declared carried by
voice vote, which was doubted, so standing vote taken
as follows:
, .
388
Article 4. Public Schools (Cont.)
(Cont.)
Precinct In Favor Tellers Opposed
1 16 Homer J. Hagedorn 2
(See 2 12 Michael J. O'Sullivan 6
Page 3 6 Wallace B. Baylies, Jr. 10
401.) 4 6 Joseph O. Rooney 10
5 12 Arthur E. Burrell 5
6 6 John T. Harvell 10
7 10 Stephen T. Russian 8
8 14 Stanley E. Toye 6
9 16 Stephen Michael Politi 1
At large 15 Howard L. Levingston 10
113 68
Motion, as offered by Mr. Campbell, to recommit line
items 7900, 7925, 7950, 7960 and 7970 to the School
Committee declared adopted. 9:34 P. M.
Regional Voc. Tech. High School
#8100 Operating Budget 86,368.00Y:
8200 Capital Budget 158,326.00
9:34 P. M.
Debt Payment
8500 Interest on Debt 584,299.00
8525 Interest on Anticipation Loans 115,000.00
8550 Maturing Debt 2,281,000.00
9:34 P. M.
Frank Sandy moved to refer accounts 4900, 4950, 5100,
5200 to the Appropriations Committee with instructions to
make recommendations for appropriations under these
accounts totaling not more than $1,641,000 or 158%
of the total amounts expended in 1972 under these accounts,
and to postpone further action on these accounts until
after receipt of those recommendations or until after
article 94 if the Appropriation Committee should fail to
so report by that time.
9:36 P. M.
Motion, as offered by Mr. Sandy, declared lost by voice
vote. 9:45 P. M.
Motion, as offered by Mr. Kenney under Article 4, with
the exception of Public Schools Line Items 7900, 7925,
7950, 7960 and 7970 which have been recommitted to the
School Committee, declared carried by voice vote.
9:46 P. M.
Edward E. Furash serves notice of reconsideration of Line Items
#4900 and 5850 in Article 4. 9:46 P. M.
William J. Scouler serves notice of reconsideration of Line
Item #1700 in Article 4. 9:47 P. M.
Article 5. Presented by Allan F. Kenney.
MOTION: That the Town Treasurer, with the approval of
the Selectmen, be and he hereby is authorized to borrow
money from time to time in anticipation of the revenue
for the financial year beginning January 1, 1973, and
to issue a note or notes therefor, payable within one
year, in accordance with the provisions of General Laws,
Chapter 44, Section 4, and acts in addition thereto and
in amendment thereof 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 9:47 P. M.
43 6')
Article 6. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried by voice vote. 9:47 P. M.
Frank Sandy serves notice of reconsideration of Article 6.
9:48 P. M.
Article 7. Presented by Allan F. Kenney.
MOTION: That the sum of $500.00 be appropriated to pay
unpaid bills for the prior year of the following accounts:
Town Clerk $500.00
and that such amount be raised in the current tax levy.
Carried Unanimously 9:50 P. M.
Article 8. Presented by Allan F. Kenney.
MOTION: That the sum of $200,000.00 be appropriated
for the Reserve Fund, and that such amount be raised in
the current tax levy.
Carried by voice vote. 9:50 P. M.
Article 9. Presented by Allan F. Kenney.
MOTION: That the Board of Selectmen be authorized to
petition the Director of Accounts of the State for an
audit for the current fiscal year.
Carried Unanimously 9:50 P. M.
Article 10. Presented by Allan F. Kenney.
MOTION: To extend to the 1974 Annual Town Meeting the
time within which the Data Processing Study Committee,
established under ARticle 43 of the 1968 Annual Town
Meeting, shall report.
Carried Unanimously 9:51 P. M.
Article 11. Presented by Allan F. Kenney.
MOTION: That the Selectmen be and they hereby are
authorized to appoint one of their members to the
Board of Appeals in accordance with Section 4A of
Chapter 41 of the General Laws.
Carried by voice vote. 9:51 P. M.
Article 12. Presented by Allan F. Kenney.
MOTION: That the additional sum of $25,000.00 be
appropriated to be used in conjunction with the money
appropriated under Article 74 of the warrant for the
1968 annual town meeting, and Article 4 of the warrant
for the January 11, 1971 special town meeting, such sum
to be used for the sewer purposes set forth in said
votes, and that such additional amount be raised in the
current tax levy.
Carried Unanimously 9:53 P. M.
Article 13. Presented by Allan F. Kenney.
MOTION: That the Selectmen be and they hereby are
authorized to install street lights in such unaccepted
streets as they may determine prior to the final
adjournment of the 1974 Annual Town Meeting.
Carried Unanimously 9:53 P. M.
Article 14. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:54 P. M.
, . . .
390
Article 15. Presented by Sanborn C. Brown.
MOTION: That the sum of $4,000.00 be appropriated for
the development of Westview Cemetery and that such sum
be provided by transfer from the Westview Cemetery Sale
of Lots Fund.
Carried Unanimously 9:55 P. M.
Article 16. Presented by Sanborn C. Brown.
MOTION: That the Selectmen be and they hereby are
authorized to install curbing at such locations as
they may determine, and to appropriate therefor the
sum of $5,000.00, and that such amount be raised in •
the current tax levy.
Carried Unanimously 9:56 P. M.
Article 17. Presented by Allan F. Kenney.
MOTION: That the Selectmen be and they hereby are
(Amended authorized to install drains in such accepted or
April 11, unaccepted streets or other land as the Selectmen may
1973 - determine, including the widening, deepening or
See Page altering the course of brooks, streams and water
429.) 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 $50,000.00 for such
installation and land acquisition, and that such amount
be raised in the current tax levy.
Carried Unanimously 9:58 P. M.
Edward E. Furash serves notice of reconsideration of ARticle 17.
9:58 P. M.
Article 18. Presented by Allan F. Kenney.
MOTION: That the Selectmen be and they hereby are
authorized to install new or replacement water mains in
such accepted or unaccepted streets or other land as
the Selectmen may determine, subject to the assessment
of betterments or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; and to
appropriate the sum of $25,000.00 for such installation
and land acquisition, and that such amount be raised
in the current tax levy.
Carried Unanimously 10 P. M.
Edward E. Furash serves notice of reconsideration of Article 18.
10 P. M.
Article 19. Presented by Allan F. Kenney.
MOTION: That the Selectmen be and they hereby are
authorized to construct concrete, bituminous concrete
and other sidewalks, at such locations as they shall
determine, where the abutting owner pays one-half of
the cost, or otherwise; and to appropriate the sum of
$25,000.00 therefor and that such amount be raised in
the current tax levy.
Carried by voice vote. 10:10 P. M.
Article 20. Presented by Alfred S. Busa.
(Amended MOTION: That the Selectmen be and they hereby are
April 11, authorized to install sewer mains in such accepted or
1973 - unaccepted streets or other land as the Selectmen may
See determine, subject to the assessment of betterments or
Page 430.) 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
_
ei91.
Article 20. the sum of $640,000.00 therefor and that such amount
(Cont.) be raised in the current tax levy.
Carried by voice vote. 10:20 P. M.
Edward E. Furash serves notice of reconsideration of Article 20.
10:20 P. M.
Article 21. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are
(Amended authorized to install trunk sewers in the Turning Mill
April Road area of the Town as the Selectmen may determine,
11, 1973, subject to the assessment of betterments or otherwise,
See in accordance with Chapter 504 of the Acts of 1897, and
Page acts in addition thereto and in amendment thereof, or
431.) 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 $120,000.00
therefor and that such amount be raised in the current
tax levy.
10:20 P. M.
The Moderator called a recess at 10:23 P. M.
The Moderator again called the meeting to order at 10:33 and
declared the meeting open on Article 21.
Melvin G. Holland served notice of reconsideration of Articles
16 and 19 but the Moderator stated that the time had expired for
notice of reconsideration of ARticle 16. Notice for Article 19
was within the required time.
10:37 P. M.
Article 21. Motion, as presented under Article 21 by Alfred S. Busa,
(Cont.) declared carried by voice vote.
10:37 P. M.
Edward E. Furash served notice of reconsideration of Article 21.
10:37 P. M.
Article 22. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are
(Amended authorized to install trunk sewers in the Wyman Road
April 11, area of the Town as the Selectmen may determine, subject
1973 - to the assessment of betterments or otherwise, in
See accordance with Chapter 504 of the Acts of 1897, and
Page acts in addition thereto and in amendment thereof, or
431.) 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 $35,000.00
therefor and that such amount be raised in the current
tax levy.
Carried by voice vote. 10:39 P. M.
Edward E. Furash served notice of reconsideration of Article 22.
10:39 P. M.
Article 23. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are
(Amended authorized to install trunk sewers in the Hayes Lane
April 11, area of the Town as the Selectmen may determine, subject
1973 - to the assessment of betterments or otherwise, in
See accordance with Chapter 504 of the Acts of 1897, and acts
Page in addition thereto and in amendment thereof, or other-
432.) wise, 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 installa-
tion and land acquisition the sum of $76,800.00 therefor;
_ , ,
19 2
Article 23.and to raise such amount $16,800.00 be transferred from
(Cont.) the unexpended balance of the amount appropriated under
Article 21 of the warrant for the 1970 annual town
meeting and $60,000.00 be raised in the current tax levy.
10:40 P. M.
After general discussion, James M. McLaughlin moved the
previous question which was declared carried by voice vote.
10:56 P. M.
Frank Sandy doubted the vote but there was no other
member doubting, so the vote remained as declared.
10:56 P. M.
Main motion, as presented by Mr. Busa, carried unanimously.
10:57 P. M.
Edward E. Furash served notice of reconsideration of Article 23.
10:57 P. M.
Allan F. Kenney moved that the meeting be recessed until Wednes-
day, March 21, 1973 at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:57 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
March 19, 1973
Lincoln P. Cole, Jr.
Moderator
Lexington, Mass.
In accordance with the TMMA Code of Ethics, I would like to serve
notice of an abstention from voting on Article 4 of the town Warrant,
because of the employment of my wife as a teacher.
/Signed/ Wallace B. Baylies, Jr.
Precinct 3
March 19, 1973
I hereby give notice of abstention on all votes pertaining to
School Committee Personal Services budget due to conflict of
financial interest.
/Signed/ Howard M. Kassler
Precinct 1
(19
ey ol
ADJOURNED TOWN MEETING HELD MARCH 21, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr.
at 8:07 P. M. There were 196 Town Meeting Members present.
Invocation offered by Rev. Martin U. McCabe, Pastor of the
Sacred Heart Church. 8:08 P. M.
Allan F. Kenney moved to take up Article 28 out of order.
8:10 P. M.
Mr. Kenney stated that Articles 28, 24, 87 and 88 should be
discussed together and brought up in that order.
8:11 P. M.
Motion, as offered by Mr. Kenney, to take up Article 28 out of
order was carried unanimously. 8:12 P. M.
Article 28. Presented by Sanborn C. Brown.
MOTION: That the sum of $15,000.00 be appropriated to
retain professional consultants to study the operation
of the sanitary landfill and make recommendations there-
for, and to raise such amount $7,000.00 be transferred
from the unexpended balance of the amount appropriated
under Article 10 of the warrant for the special town
meeting of June 2, 1969 and $8,000.00 be transferred
from the unexpended balance of the amount appropriated
under Article 30 of the warrant for the 1970 annual
town meeting.
8:12 P. M.
Patricia K. Hagedorn asked the Selectmen to reconsider
and to have the study cover garbage and rubbish collection
and use of the Belmont incinerator but Mr. Brown said
that the $15,000.00 would not cover this type of study.
8:22 P. M.
Mrs. Hagedorn moved to amend Mr. Brown's motion by
deleting the figure $15,000.00 and substituting therefor
the figure $25,000.00 but this motion was not in proper
order. 8:30 P. M.
Edward E. Furash said that he would like to work out
the figures with Mrs. Hagedorn.
8:30 P. M.
Lois W. Brown stated that the Planning Board is in favor
of this survey. 8:34 P. M.
Patricia K. Hagedorn moved that the sum of $25,000.00
be appropriated to retain professional consultants to
study the best methods for the collection and disposal
of garbage and refuse, including the operation of the
sanitary landfill and the possibility of incineration
and make recommendations therefor and to raise such
amount $7,000.00 be transferred from the unexpended
balance of the amount appropriated under Article 10 of
the Warrant for the Special Town Meeting of June 2,
1969 and $8,000.00 be transferred from the unexpended
balance of the amount appropriated under Article 30 of
the Warrant for the 1970 Annual Town Meeting, and
$10,000.00 be raised in the current tax levy.
8:39 P. M.
James Cataldo moved the previous question which was
declared lost by voice vote. 8:46 P. M.
George S. Silverman stated that the Capital Expenditures
Committee is in favor of Article 28.
8:50 P. M.
0( A
e )
Article 28. Motion to amend, as offered by Mrs. Hagedorn, was
(Cont.) declared lost by voice vote.
8:53 P. M.
Allan F. Kenney discusses Article 24 even though there
has been no vote under Article 28.
9:03 P. M.
Allan Lee Whitman, Jr. stated that the League of Women
Voters should discuss their plan now.
9:04 P. M.
Joyce Hale reads Article 87 for informational purposes
only - it is not being presented at this time:
Article 87. MOTION: That Article XXIV of the General
By-Laws of the Town be amended by adding a new Section
27, to read as follows:
No person, without lawful authority to do so, shall
deposit on the sanitary landfill any of the following
types of refuse:
1. Corrugated board
2. Newspapers and magazines
3. Glass bottles and other containers made of clear,
green or brown glass
4. Tires
5. Appliances and other scrap metals
These items shall be separately deposited at distinct,
designated areas at the sanitary landfill and shall be
collected and then distributed as secondary materials.
9:10 P. M.
Charles Petty, a Lexington resident and an expert in
the field of recycling, gave a lengthy explanation .
9:23 P. M.
In connection with the purchase of a compactor, Allan
F. Kenney said that it would be necessary to purchase
said equipment in order to extend the use of the dump.
9:40 P. M.
In answer to Nancy F. Earsy's question regarding the
number of hours per day a man would be using the com-
pactor, Town Manager, Walter C. O'Connell, said probably
four or five hours per day.
9:42 P. M.
Allan F. Kenney stated that the Board of Selectmen
unanimously oppose Articles 87 and 88.
9:50 P. M.
Appropriation Committee Chairman, Edward E. Furash,
read his "Ode to the Dump" which was written by him as
he listened to the discussion. It is his belief that
this article should be voted on by all the voters of the
town by official ballot.
10:27 P. M.
Charles H. Cole, 2nd moved the previous question which
was declared carried by voice vote. 10:29 P. M.
Sanborn C. Brown again reads Article 28:
MOTION: That the sum of $15,000.00 be appropriated to
retain professional consultants to study the operation of
the sanitary landfill and make recommendations therefor,
and to raise such amount $7,000.00 be transferred from
the unexpended balance of the amount appropriated under
Article 10 of the warrant for the special town meeting
39
Article 28. of June 2, 1969 and $8,000.00 be transferred from the
(Cont.) unexpended balance of the amount appropriated under
Article 30 o#the warrant for the 1970 annual town
meeting. 10:30 P. M.
Motion, as offered by Mr. Brown under Article 28, wasdeclared
Carried by voice vote, which was doubted, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 18 Homer J. Hagedorn 1
2 13 Michael J. O'Sullivan 5
3 13 Wallace B. Baylies, Jr. 2
4 19 Joseph 0. Rooney 0
5 16 Arthur E. Burrell 3
6 6 John T. Harvell 11
7 9 Stephen T. Russian 10
8 12 Stanley E. Toye 8
9 Stephen Michael Politi 9
At Large _28 Howard L. Levingston 0
142 49
Article 28 adopted. 10:34 P. M.
Article 24. Presented by Allan F. Kenney.
MOTION: That the sum of $190,000.00 be appropriated for
the purchase by or with the approval of the Selectmen of
equipment for the Department of Public Works, and to
raise such amount $85,000.00 be transferred from the
unexpended balance of the amount appropriated under
Article 8 of the warrant for the June 14, 1971 special
town meeting and $105,000.00 be raised in the current
tax levy.
10:35 P. M.
Daniel E. Power moved to lay Article 24 on the table
which was declared lost by voice vote.
10:49 P. M.
Albert P. Zabin moved to divide the motion under Article
24. 10:50 P. M.
Mr. Cole, Moderator, read the motion as offered by
Mr. Zabin to divide the motion and read the division.
11:01 P. M.
More than the necessary 25 town meeting members stood
to approve the division of the motion under Article 24.
11:02 P. M.
Article 24 - Part 1. (Mr. Zabin's motion.)
(Substitute
motion MOTION: That the sum of $80,000.00 be appropriated
adopted for the purchase by or with the approval of the Selectmen
April 11, , of" equipment for the Dept. of Public Works consisting
1973 - of a compactor and that such amount be raised in the
See Page current tax levy.
432.) Carried by voice vote. 11:04 P. M.
Article 24. - Part 2. (Mr. Zabin's motion.)
MOTION: That the sum of $110,000.00 be appropriated by
or with the approval of the Selectmen of additional
equipment for the Dept. of Public Works and to raise
such amount $85,000.00 be transferred from the unex-
pended balance of the amount appropriated under Article
8 of warrant for the June 14, 1971 Special Town Meeting
and $25,000.00 be raised in the current tax levy.
Carried by voice vote. 11:05 P. M.
Allan F. Kenney moved to take up Article 87 out of order.
11:05 P. M.
9(ICI
Joseph A. Campbell served notice of reconsideration of Article
24 - Part 1. 11:05 P. M.
Albert P. Zabin served notice of reconsideration of Article 24 -
Part 2. 11:05 P. M.
Mr. Kenney's motion to take up Article 87 out of order was
declared carried by voice vote.
11:05 P. M.
Article 87. Presented by Joyce Hals.
MOTION: That Article XXIV of the General By-Laws of
the town be amended by adding a new section 27, to read
as follows:
No person, except as provided herein, shall deposit on
the sanitary landfill any of the following types of
refuse:
1. Corrugated Board
2. Newspapers and magazines
3. Glass bottles and other containers made of clear,
green or brown glass
4. Tires
5. Appliances and other scrap metals
These items shall be separately deposited at distinct,
designated areas at the sanitary landfill and shall be
collected and then distributed as secondary materials.
This amendment shall take effect on July 1, 1973, or
upon approval of this by-law pursuant to Chapter 39 of
the General Laws if later than July 1, 1973, and, unless
ratified at the 1974 Annual Town Meeting, shall cease to
be effective on June 30, 1974.
11:08 P. M.
Arthur C. Smith moved that Item 4 "Tires" by struck and
that Item 5 be renumbered 4.
11:15 P. M.
Albert P. Zabin moved the previous question which was
declared carried by voice vote. 11:21 P. M.
Motion to amend, as offered by Mr. Smith, declared
lost by voice vote. 11:22 P. M.
Motion, as offered by Mrs. Hals under Article 87,
declared lost by voice vote, which was doubted, so a
standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 4 Homer J. Hagedorn 14
2 5 Michael J. O'Sullivan 13
3 11 Wallace B. Baylies, Jr. 6
4 7 Joseph 0. Rooney 10
5 7 Arthur E. Burrell 12
6 11 John T. Harvel]. 5
7 16 Stephen T. Russian 3
8 4 - Stanley E. Toye 13
9 8 Stephen Michael Politi 9
At Large 9 Howard L. Levingston 19
82 104
Article 87 declared lost. 11:31 P. M.
Robert V. Whitman served notice of reconsideration of Article 87.
11:31 P. M.
Allan F. Kenney moved to take Article 88 up out of order.
Carried by voice vote. 11:32 P. M.
397
Article 88. Presented by Joyce Hals.
MOTION: That the sum of $26,000.00 be appropriated to
establish under the supervision and control of the
Department of Public Works, separate and distinct areas
at the Hartwell Avenue Landfill for the collection and
distribution of solid recyclable waste: to provide
suitable containers at the Hartwell Avenue Sanitary
Landfill wherein solid, recyclable was may be collected
and stored; to provide for the paving of a portion of
the Hartwell Avenue Sanitary Landfill to facilitate and
encourage the collection and/or distribution of solid
recyclable waste: and that such amount be raised in the
current tax levy.
11:33 P. M.
Allan F. Kenney stated that the Board of Selectmen
opposes this article.
11:36 P. M.
Edward E. Furash stated that the Appropriation Committee
is not in favor of this article. Mr. Furash feels that
it should go on the ballot at the next Annual Town
Election. 11:40 P. M.
Joseph J. Downey moved the previous question which was
declared carried by voice vote.
11:40 P. M.
Main motion, as 'presented by Mrs. Hals, declared lost
by voice vote.
11:40 P. Ph
Allan F. Kenney moved that the meeting be recessed to Monday,
March 26, 1973, 8 P. M. in the Cary Memorial Hall.
Carried by voice vote. 11:40 P. M.
ATTEST:
1"01/c. A1:4144.4.91
Mary R. McDonough, Town Clerk
39S
ADJOURNED TOWN MEETING HELD MARCH 26, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at
8:08 P. M. in the Cary Memorial Hall.
There were 194 Town Meeting Members present.
The invocation was given by Dr. J. Allen Broyles, Pastor of the
United Methodist Church. 8:10 P. M.
Article 25. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8:10 P. M.
•
Sanborn C. Brown moved that Articles 26 and 27 be taken up
together.
Carried Unanimously 8:11 P. M.
Article 26. Presented by Sanborn C. Brown.
MOTION: That the sum of $8,000.00 be appropriated for
engineering services for sewer survey and design work,
and that such amount be raised in the current tax levy.
8:12 P. M.
And further move under
Article 27. MOTION: That this article be indefinitely postponed.
8:12 P. M.
Motion, as offered by Mr. Brown under Article 26,
declared carried unanimously. 8:13 P. M.
Motion, as offered by Mr. Brown under Article 27,
declared carried unanimously. 8:13 P. M.
Article 29. Presented by Sanborn C. Brown.
MOTION: That the sum of $15,000.00 be appropriated to
clean and maintain streams and brooks in the Town, and
to raise such amount $11,000.00 be transferred from the
unexpended balance of the amount appropriated under
Article 25 of the warrant for the 1971 annual town
meeting and $4,000.00 be transferred from the unexpended
balance of the amount appropriated under Article 25 of
the warrant for the 1972 annual town meeting.
8:13 P. M.
Ephraim Weiss moved to amend Article 29:
Insert, after the words "in the Town', the following:
Providing that during Planning for any action under this
article, the Conservation Commission shall be consulted
regarding the methods and equipment to be used, and
alternatives thereto;
8:18 P. M.
Mr. Brown stated that the Selectmen have no objection
to this amendment. 8:18 P. M.
Howard M. Kassler stated that the Conservation Commission
has no objection to this amendment. 8:21 P. M.
• •
Mr. Weiss's motion to amend declared carried by voice • ,
vote. 8:23 P. M.
Main motion, as amended, now reads:
MOTION: That the sum of $15,000.00 be appropriated to
clean and maintain streams and brooks in the Town,
providing that during planning for any action under
this article, the Conservation Commission shall be
consulted regarding the methods and equipment to be
used, and alternatives thereto; and to raise such amount
$11,000.00 be transferred from the unexpended balance of
the amount appropriated under Article 25 of the warrant
3 9(
e e
Article 29. for the 1971 annual town meeting and $4,000.00 be
(Cont.) transferred from the unexpended balance of the amount
appropriated under Article 25 of the warrant for the
1972 annual town meeting.
Main motion, as amended, declared carried by voice vote.
8:28 P. M.
Article 30. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
8:28 P. M.
Lois W. Brown stated that the Planning Board supports
the motion to indefinitely postpone this article.
8:29 P. M.
Motion, as presented by Mr. Kenney, declared carried
unanimously. 8:29 P. M.
Article 31. Presented by Allan F. Kenney.
MOTION: That the sum of $60,000.00 be appropriated
for highway construction under authority of Chapter 90
of the General Laws of all or any part of the section
of East Street between Lowell Street and the Woburn
city line, and that such amount be raised in the current
tax levy. 8:29 P. M.
Allan Lee Whitman, Jr. moved to amend the motion by
striking the words "of the section" and inserting,
after the words "East Street" the word "except".
8:54 P. M.
After general discussion, both from Town Meeting Members
and residents of the area, the motion to amend, as
offered by Mr. Whitman, declared carried by voice
vote. Voice vote doubted, so a standing vote taken as
follows:
Precinct In Favor Tellers Opposed
1 9 Patricia K. Hagedorn 10
2 4 Michael J. O'Sullivan 13
3 13 Shirley A. Byrne 3
4 4 Joseph O. Rooney 15
5 18 Arthur E. Burrell 1
6 10 John T. Harvell • 6
7 10 Jacquelyn H. Ward 4
8 6 Mary E. Shunney 14
9 10 Stephen Michael Politi 8
At large 10 Howard L. Levingston 15
94 89
Motion to amend, as offered by Mr. Whitman, adopted.
9:09 P. M.
•
The Moderator reads main motion as amended:
MOTION: That the sum of $60,000.00 be appropriated for
highway construction under authority of Chapter 90 of
the General Laws of all or any part of East Street
except between Lowell Street and the Woburn city line,
and that such amount be raised in the current tax levy.
9:10 P. M.
Allan F. Kenney moved that this motion be tabled but the
motion was declared lost by voice vote. P. M.
Edward E. Furash moved that this article be indefinitely
postponed. Motion declared carried unanimously.
9:15 P. M.
•
, .
400
Article 32. Presented by Allan F. Kenney.
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 current tax levy.
Carried Unanimously 9:15 P. M.
Article 33. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:16 P. M.
Article 34. Presented by Fred C. Bailey.
MOTION: (a) That $400,000.00 be appropriated for
remodeling, reconstructing or making extraordinary
repairs to the Cary Memorial Library; that to raise this
appropriation $40,000.00 be raised in the current tax
levy and the Treasurer with the approval of the Select-
men be authorized to borrow $360,000.00 under G.L.
c.44, s.7(3A) as amended;
(b) That $354000.00 be appropriated for purchasing
additional departmental equipment to be used in such
Library; that to raise this appropriation $5,000.00
be raised in the current tax levy and the Treasurer
with the approval of the Selectmen be authorized to
borrow $30,000.00 under G.L. c.44, s.7 (9) as amended;
(c) That $1,015,000.00 be appropriated for constructing,
originally equipping and furnishing an addition to such
Library; that to raise this appropriation $30,000.00 be
raised in the current tax levy and the Treasurer with
the approval of the Selectmen be authorized to borrow
$985,000.00 under G.L. c.44, s.7(3) as amended;
(d) That the Selectmen be authorized to contract for
federal and state aid which shall be spent for the
projects, provided that the total authorized borrowing
for each project shall be reduced by the amount of such
aid attributable to such project; and
(e) That the Permanent Building Committee be authorized
to take all action necessary to carry out these projects.
9:18 P. M.
Mr. Bailey explained the need for the addition and
remodeling of the library and Robert V. Whitman of the
Permanent Building Committee explained the budget for
the project. 9:38 P. M.
Mr. Furash stated that the Appropriation Committee
unanimously favors this motion.
9:40 P. M.
Motion, as presented by Mr. Bailey, declared carried
unanimously. 9:42 P. M.
Article 35. Presented by Fred C. Bailey.
MOTION: That the sum of $6,850.00 be appropriated'for
expenses in connection with the temporary relocation of
facilities at Cary Memorial Library resulting from the
construction project, and that such amount be raised in
the current tax levy.
Carried Unanimously 9:44 P. M.
Article 36. Presented by Fred C. Bailey.
MOTION: That the sum of $4,000.00 be appropriated for
reconstructing and making extraordinary repairs to the
Central Headquarters Fire Station, and that such amount
be raised in the current tax levy.
Carried by voice vote. 9:48 P. N.
i 11 1
Frederick C. Frick, Chairman of the School Committee, stated
that he would like to resubmit to the town meeting Line Items 7900,
7925, 7950, 7960 and 7970 under Article 4. Mr. Frick said that he
understood and shared the concern of the town meeting with regards
to the school budget but that in the space of one week it was not
possible to make any cuts. 9:54 P. M.
The Moderator read motion:
Article 4. MOTION: That the following amounts be appropriated for
the current year and be raised in the current tax levy
except where a transfer is indicated they shall be
provided by such a transfer.
Public Schools
#7900, Personal Services $ 17,195,000.00*
7925 Expenses 2,483,000.00
7950 Out-of-State Travel 18,000.00
7960 Vocational Education - Tuition & Trans. 49,000.00
7970 Athletics 212,000.00
*To which the sum of $103,962.00 in available
and anticipated P.L. 864, P.L. 874, ESEA P.L. 89-10
and State METCO funds is to be applied, and the
balance is raised and appropriated under this
article.
10:10 P. M.
After much discussion Martin A. Gilman moved the
previous question which was declared carried by voice
vote. 10:50 P. M.
A voice vote on the main motion was doubted by the
Moderator, so a standing vote was taken as follows:
Pr. In Favor Tellers Opposed
1 4 Patricia K. Hagedorn 13
2 8 Michael J. O'Sullivan 10
3 10 Shirley A. Byrne 5
4 13 Joseph 0. Rooney 6
5 10 Arthur E. Burrell 8
6 13 John T. Harvell 3
7 10 Jacquelyn H. Ward 4
8 8 Mary E. Shunney 14 -
9 5 Stephen Michael Politi 11
At Large 13 Howard L. Levingston 13
94 83
Motion, as presented by Mr. Frick under the Public
Schools budget, adopted.
10:57 P. M.
Allan F. Kenney moved that the meeting be adjourned to Wednesday,
March 28, 1973 at 7:30 P. M. in Cary Memorial Hall.
10:57 P. M.
Edward E. Furash moved to amend the motion by striking "7:30 P. M."
and inserting therefor "8 P. M.".
10:58 P. M.
Motion to amend, as offered by Mr. Furash, declared carried by
voice vote. 10:58 P. M.
main motion, as amended, that meeting be adjourned to Wednesday,
March 28, 1973 at 8 P. M. in Cary Memorial Hall declared carried
by voice vote. 10:58 P. M.
A true copy.
Attest:
/1441, 07641144,
Mary R. McDonough, Town Clerk
_ _ _
402
ADJOURNED TOWN MEETING HELD MARCH 28, 1973
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at 8:10 P. M. in Cary Memorial Hall.
There were 188 Town Meeting Members present.
Invocation offered by Rabbi Cary D. Yales of the Temple Isaiah.
8:12 P. M.
Article 37. Presented by Sanborn C. Brown.
MOTION: That the sum of $10,000.00 be appropriated for
constructing, originally equipping and furnishing a dog
kennel on town owned land in the Westview Avenue area of
the Town, and that such amount be raised in the current
tax levy. 8:13 P. M.
After general discussion, James M. McLaughlin moved the
previous question which was declared carried by voice
vote. 8:29 P. M.
Main motion, as presented by Mr. Brown, declared carried
by voice vote. 8:29 P. M.
Article 38. Presented by Allan F. Kenney.
MOTION: That the sum of $5,000.00 be appropriated for
improving and upgrading traffic control signals in the
Town, and that such amount be raised in the current
tax levy.
Carried Unanimously 8:31 P. M.
Article 39. Allan F. Kenney moved that this motion be divided in
two parts. The Moderator asked if there were twenty-
five people in favor of dividing the motion under Article
39. More than the necessary twenty-five people stood,
so the motion under Article 39 may be divided.
8:32 P. M.
MOTION: (a) that the sum of $35,000.00 be appropriated
for the further construction of the Meriam Street off-
street parking area, and that such amount be raised in
the current tax levy,
(b) that the sum of $3,000.00 be appropriated
for preparing the entire Meriam Street off-street
parking area for the installation of parking meters,
and that such amount be raised in the current tax levy.
8:32 P. M.
Mr. Kenney stated that the Selectmen do not recommend
meters at this time. 8:52 P. M.
Eric T. Clarke stated that the Planning Board is in
favor of part (a) but not in favor of part (b) .
8:58 P. M.
Edward E. Furash, Chairman of the Appropriation Committee,
moved to recommit Article 39, part (a) to the Board of
Selectmen for further study.
9:05 P. M.
Mr. Furash stated that this article has not been
sufficiently studied by either the Appropriation Com-
mittee or the Capital Expenditures Committee.
(See 9:07 P. M.
Page
420.) Motion to recommit Article 39, part (a) to the Board of
Selectmen for further study declared carried by voice
vote. 9:08 P. M.
403
Article 39. Edward E. Furash moved to recommit Article 39, part (b)
(Cont.) to the Board of Selectmen forfUrther study.
9:08 P. M.
John Deutch moved the previous question which was
declared carried by voice vote.
9:15 P. M.
Motion to recommit Article 39, part (b) to the Board
of Selectmen for further study declared carried by
voice vote. 9:15 P. M.
„—T Article 40. Presented by Natalie H. Riffin.
MOTION: That the sum of $20,000.00 be appropriated
for beautification and improvement of Massachusetts
Avenue at Depot Square, including, but not limited to,
• the installation of pedestrian promenades, grass
plots, and the planting of trees, and that such amount
be raised in the current tax levy.
9:17 P. M.
Edward E. Furash stated that the Appropriation
Committee recommended unfavorable action on this article.
9:21 P. M.
Mrs. Riffin stated that the area to be improved is
the area in front of Emery Park.
9:24 P. M.
George S. Silverman stated that Capital Expenditures
Committee recommended passage of this article.
9:27 P. M.
John R. Holt moved the previous question which was
declared lost by voice vote.
9:27 P. M.
William E. Maloney moved the previous question which
was declared carried by voice vote.
9:38 P. M.
Main motion, as offered by Mrs. Riffin, declared lost
by voice vote.
9:39 P. M.
Article 41. Presented by Natalie H. Riffin.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:39 P. M.
Article 42. Presented by Allan F. Kenney.
MOTION: That the sum of $40,000.00 be appropriated
under the provisions of Chapter 911 of the Acts of 1971
in anticipation of the celebration of the two hundredth
anniversary of the American Revolution, and that such
amount be raised in the current tax levy.
9:40 P. M.
Roland B. Greeley of the Lexington Bicentennial Com-
mittee said that the committee would like to present a
resolution at this time if it would be proper.
Stephen Michael Politi read the following:
RESOLUTION
Whereas the Town of Lexington has a respon-
sibility to our forefathers who shed their blood in
the cause of freedom
And Whereas the Town of Lexington is a
national historic site
- -
404
Article 42. And Whereas the people of our Country have a
(Cont.) tacit invitation to visit us by virtue of our history
And Whereas we therefore have an obligation
to host those who appreciate the value of history
And Whereas appropriate action was been taken
by the Board of Selectmen in September of 1971 in
appointing a Bicentennial Committee
And Whereas the Bicentennial Committee has
taken the position that the Bicentennial events of
1975 shall be for the people of Lexington with proper
provisions made to share the fruits of our work and
our heritage with as many visitors as we can effectively
accomodate
And Whereas the 1972 Annual Town Meeting
unanimously approved part one of a three part budget
request
Be It Resolved that the 1973 Annual Town
Meeting encourages the Lexington Bicentennial Committee
to continue the planning and execution of Bicentennial
activities which reflect the contemporary spirit and
interest of the townspeople.
9:42 P. M.
Mr. Greeley stated that the full budget for the 1975
Bicentennial will be $100,000.00.
9:49 P. M.
Norman P. Cohen, Town Counsel, took the stand as
Moderator while Moderator, Lincoln P. Cole, Jr. spoke
on the motion as a member of the Lexington Bicentennial
Committee and of the State Bicentennial Committee.
10 P. M.
After much discussion, James M. McLaughlin moved the
previous question which was declared carried by voice
vote. 10:41 P. M.
The Resolution was declared adopted by voice vote.
10:41 P. M.
Edward E. Furash moved to amend the main motion by
substituting the sum of $20,000.00 for the sum of
$40,000.00. 10:41 P. M.
After general discussion, John Deutch moved the
previous question which was declared carried unanimously.
10:58 P. M.
Main motion, as amended, now reads:
MOTION: That the sum of $20,000.00 be appropriated
under the provisions of Chapter 911 of the Acts of 1971
in anticipation of the celebration of the two hundredth
anniversary of the American Revolution, and that such'
amount be raised in the current tax levy.
Main motion as presented by Mr. Kenney, as amended by
Mr. Furash, declared carried by voice vote.
10:59 P. M.
Allan F. Kenney moved that the meeting be adjourned to Monday,
April 2, 1973 at 8 P. M. in the Cary Memorial Hall. 11 P. M.
Carried by voice vote. 11 P. M.
A true copy attest:
/2AH, -)14r
Mary R. McDonough, Town Clerk
4(hi
ADJOURNED TOWN MEETING HELD APRIL 2, 1973
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at 8:05 P. M. in the Cary Memorial Hall.
There were 192 Town Meeting Members present.
Invocation offered by Rev. Henry H. Clark, Minister from the
Hancock United Church of Christ. 8:06 P. M.
Article 43. Presented by Allan F. Kenney.
MOTION: That the sum of $120,000.00 be appropriated
for the purposes of remodeling, reconstructing or
making extraordinary repairs to Buckman Tavern, and
that such amount be raised in the current tax levy.
8:08 P. M.
Luigi R. DiNapoli of the Buckman Tavern Building Committee
spoke of the need for the repairs.
8:13 P. M.
David A. Lavender moved to amend the motion by striking
the words "raised in the current tax levy" and sub-
stituting therefor the words "transferred from the
Federal Revenue Sharing Funds". Mr. Lavender then
withdrew his motion. 8:16 P. M.
Main motion, as presented by Mr. Kenney, declared
carried unanimously 8:23 P. M.
Article 44. Presented by Allan F. Kenney.
MOTION: That the sum of $2,500.00 be appropriated for
the development of paths for walking, bicycling and
cross-country skiing in such locations as the Recrea-
tion Committee may determine with the approval of the
Board of Selectmen, and that such amount be raised in
the current tax levy.
8:23 P. M.
Edward E. Furash, Chairman of the Appropriation Com-
mittee, stated that the Appropriation Committee
recommended favorable action on Article 45 and
unfavorable action on Articles 44, 46 and 47 (all
Recreation articles) . 8:27 P. M.
Charles F. Gallagher, Jr., Chairman of the Recreation
Committee, stated that his committee unanimously
supports Articles 44, 45, 46 and 47. 8:28 P. M.
Allan F. Kenney, Chairman of the Board of Selectmen,
stated that his board unanimously supports Article 44.
8:28 P. M.
Joyce A. Miller, President of the Lexington League of
Women Voters, stated that the league supports Articles
44, 45, 46 and 47. 8:30 P. M.
John Deutch moved the previous question which was
declared carried by voice vote. 8:31 P. M.
Moderator doubted voice vote on main motion, so a
standing vote taken as follows:
Prec. In Favor Tellers Opposed
1 10 Patricia K. Hagedorn 8
2 14 Michael J. O'Sullivan 5
3 14 Shirley A. Byrne 2
4 15 Joseph O. Rooney 2
5 16 Arthur E. Burrell 2
6 14 John T. Harvell 3
7 13 Jacquelyn H. Ward 0
8 14 Mary E. Shunney 4
9 9 Stephen Michael Politi 5
At large 16 Howard L. Levingston 8
135 39
Main motion adopted. 8:34 P. M.
, ,
4O(
Article 45. Presented by Allan F. Kenney.
MOTION: That the sum of $40,000.00 be appropriated for
the further development and improvement of the Old Res
area, and that such amount be raised in the current
tax levy. 8:34 P. M.
Charles F. Gallagher, Jr. , Chairman of the Recreation
Committee, and Benedict Walter Bertini, Director of
Recreation, both explained the project and answered
questions. 8:41 P. M.
Frank H. Totman, Jr. asked if there would be an increase
in lifeguards. 8:42 P. M.
Mr. Gallagher stated that there would be a need for
five additional lifeguards at $80.00 per week for
twelve weeks at a total cost of $4,800.00.
8:43 P. M.
Paul A. Plasse spoke of the possibility of raising the
fees for the swim tags but Mr. Kenney stated that he
was reluctant to raise the fee of 250.
8:43 P. M.
Main motion, as presented by Mr. Kenney, declared
carried unanimously. 8:50 P. M.
Article 46. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8:50 P. M.
Article 47. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
8:50 P. M.
1 '
Charles F. Gallagher, Jr. spoke against indefinite
postponement. 8:51 P. M.
The Moderator called for a brief recess.
8:52 P. M.
The meeting was again called to order by the Moderator
at 8:55 P. M.
Mr. Kenney asked permission to withdraw his motion. As
there were no objections from the meeting, the motion to
indefinitely postpone was withdrawn.
8:56 P. M.
Charles F. Gallagher, Jr, presented the following motion
under ARticle 47:
MOTION: That the sum of $31,000.00 be appropriated for
the construction of four tennis courts at Diamond Junior
High School, and that Such amount be raised in the
current tax levy. 8:57 P. M.
Allan F. Kenney moved that Article 47 be indefinitely
postponed. 8:57 P. M.
Mr. Gallagher spoke against indefinite postponement.
8:58 P. M.
Edward E. Furash stated that the Appropriation Committee
asked that the meeting vote this article down.
8:59 P. M.
Wiltrud R. Mott-Smith questioned regarding the long term
planning program and Mr. Gallagher stated that about
forty tennis courts would be the maximum.
9:07 P. M.
407
Article 47. Frederick C. Frick. asked that Robert V. Whitman of the
Cont. Permanent Building Committee give the status of the
tennis courts at Clarke Junior High School.
9:08 P. M.
Mr. Whitman stated that the courts should be finished
by June 1. 9:09 P. M.
The Moderator doubted the voice vote on the motion to
indefinitely postpone Article 47 so a standing vote
was taken as follows:
Precinct In Favor Tellers Opposed
1 11 Patricia K. Hagedorn 7
2 10 Michael J. O'Sullivan 9
3 5 Shirley A. Byrne 11
4 9 Joseph 0. Rooney 10
5 7 Arthur E. Burrell 11
6 : 3. John T. Harvell 13
7 5 Jacquelyn H. Ward 14
8 15 Mary E. Shunney 5
9 9 Stephen Michael Politi 9
At Large 17 Howard L. Levingston 7
91 96
Motion to indefinitely postpone Article 47 declared lost.
9:12 P. M.
Alan B. Wilson moved the previous question which was
declared carried by voice vote.
9:27 P. M.
The Moderator doubted the voice vote on the main motion,
so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Patricia K. Hagedorn 12
2 8 Michael J. O'Sullivan 10
3 10 Shirley A. Byrne 6
4 10 Joseph O. Rooney 7
5 8 Arthur E. Burrell 9
6 14 John T. Harvell 3
7 12 Jacquelyn H. Ward 7
8 4 Mary E. Shunney 16
9 7 Stephen Michael Politi 11
At Large 7 Howard L. Levingston 17
86 98
Main motion, as offered by Mr. Gallagher, declared lost.
9:32 P. M.
Article 48. Presented by Natalie H. Riffin.
MOTION: That the Selectmen be authorized to accept a
gift from Marion T. Harris of a lot of land off Burl-
ington Street adjacent to Kinneen Park containing
41,200 square feet more or less, shown on "Plan of
Land in Lexington - Mass." by Albert A. Miller and Wilbur
C. Nylander, Civil Engineers and Surveyors dated
November 28, 1953, recorded in Middlesex South District
Registry of Deeds as Plan Number 110 of 1954, such lot
to be used for park and playground purposes.
Carried Unanimously 9:34 P. M.
Article 49. Presented by Allan, F. Kenney.
MOTION: That the sum of $1,500.00 be appropriated for
leasing five voting machines, and that such amount be
raised in the current tax levy.
Carried Unanimously 9:36 P. M.
, ,
408
Article 50. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:36 P. M.
Article 51. Presented by Allan F. Kenney.
MOTION: That the sum of $18,000.00 be appropriated for
the improvement of lowlands and swamps and the eradi-
cation of mosquitoes under Chapter 252 of the General
Laws, and that such amount be raised in the current tax
levy. 9:37 P. M.
Robert Armstrong of the East Middlesex Mosquitoe
Control explained the program and answered many questions.
9:39 P. M.
Manfred P. Friedman moved to amend the motion under
Article 51 by deleting the word "and" which follows the
word "swamps" and substituting therefor the word "for";
and by deleting the figure $18,000.00 and substituting
therefor the figure $10,000.00
9:40 P. M.
Motion to amend, as offered by Mr. Friedman, declared
lost by voice vote. 9:55 P. M.
Richard K. Eaton moved the previous question which was
declared carried by voice vote.
10:01 P. M.
Main motion, as offered by Mr. Kenney, declared carried
by voice vote. 10:01 P. M.
Article 52. Presented by Fred C. Bailey.
MOTION: That the sum of $30,417.00 be appropriated to
be expended under the direction of the Board of Health
for providing cooperative or complementary facilities
to the out-patient clinic of the Mystic Valley Mental
Health Association established in accordance with the
provisions of Chapter 19 of the General Laws in coopera-
tion with the Massachusetts Department of Mental Health,
and for providing payment for services rendered or to be
rendered by such Clinic, and that such amount be raised
in the current tax levy.
10:02 P. M.
Mr. Bailey stated that the Board of Selectmen is
unanimously in favor of this article as it stands.
10:04 P. M.
Fredric S. Cohen moved to amend Article 52 by sub-
stituting the sum of $40,095.00 for the sum of $30,417.00.
10:05 P. M.
Donald K. Tucker, President of the Mystic Valley Mental
Health Association is recognized and speaks on the motion.
10:08 P. M.
Edward E. Furash stated that the Appropriation Committee
is in favor of the main motion but opposed to the
amendment. 10:10 Py M.
Mr. Bailey stated that the Selectmen agree with the
Appropriation Committee. 10:11 P. M.
Dr. Charles Ellicott of the Lexington Board of Health
stated that his board approves of the main motion.
10:17 R. M.
Mary Welch, Director of the Mystic Valley Mental Health
Association, was recognized and gave an explanation of
the use and statistics of the association.
10:24 P. M.
409
Article 52.
(Cont.)
Manfred P. Friedman served notice of reconsideration of
Article 51. 10:25 P. M.
Article 52. Moderator doubted voice vote on the Mr. Cohen's motion
(Cont.) to amend, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 7 Patricia K. Hagedorn 9
2 8 Michael J. O'Sullivan 11
3 15 Shirley A. Byrne 2
4 11 Joseph 0. Rooney 8
5 9 Arthur E. Burrell 8
6 14 John T. Harvell 2
7 13 Jacquelyn H. Ward 5
8 9 Mary E. Shunney 10
9 6 Stephen Michael Politi 12
At Large 6Howard L. Levingston 16
98 83
Motion to amend Article 52, as offered by Mr. Cohen,
adopted. 10:27 P. M.
J. Keith Butters moved the previous question which was
declared carried by voice vote.
10:35 P. M.
Main motion, as amended, now reads:
MOTION: That the sum of $40,095.00 be appropriated to
be expended under the direction of the Board of Health
for providing cooperative or complementary facilities
to the out-patient clinic of the Mystic Valley Mental
Health Association established in accordance with the
provisions of Chapter 19 of the General Laws in coopera-
tion with the Massachusetts Department of Mental
Health, and for providing payment for services rendered
or to be rendered by such Clinic, and that such amount be
raised in the current tax levy.
Main motion, as amended, declared carried by voice
vote. 10:35 P. M.
Article 53. Presented by Fred C. Bailey.
MOTION: That the sum of $11,957.25 received in 1973
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 10:36 P. M.
Fred C. Bailey served notice of reconsideration of Article 52.
10:36 P. M.
Article 54. Presented by Natalie H. Riffin.
MOTION: That the sum of $20,000.00 be appropriated for
the study of community development needs, including, but
not limited to, consideration of open space planning,
recreation needs, business center development and environ-
ment concerns, to be expended under the direction of the
Planning Board with the approval of the Board of Select-
men, in consultation with interested Town committees,
including the Capital Expenditures and Appropriation
Committees, and that such amount be raised in the current
tax levy. 10:37 P. M.
410
Article 54. Edward E. Furash moved to amend the motion by substituting
(Cont.) the sum of $1.00 for the sum of $20,000.00.
10:42 P. M.
Motion to amend, as offered by Mr. Furash, declared
carried by voice vote. 10:58 P. M.
James M. McLaughlin moved the previous question which
(See was declared carried by voice vote.
Page 11:02 P. M.
420.)
Main motion, as amended, declared lost by voice vote.
11:02 P. M.
Margery M. Battin served notice of reconsideration of Article 54.
11:03 P. M.
Allan F. Kenney moved that the meeting be adjourned to Wednesday,
April 4, 1973 at 8 P. M. in Cary Memorial Hall.
11:03 P. M.
William T. Spencer stated that when the motion to adjourn is made
on Wednesday, that he is going to make the motion to adjourn to
Thursday, April 5, 1973. 11:04 P. M.
Motion to adjourn to Wednesday, April 4, 1973 at 8 P. M. in
Cary Memorial Hall, as offered by Mr. Kenney, declared carried by
voice vote. 11:04 P. M.
A true copy.
Attest:
*IA
Mary R. McDonough, Town Clerk
4111:
ADJOURNED TOWN MEETING HELD APRIL 4, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at
8:08 P. M. in the Cary Memorial Hall.
There were 187 Town Meeting Members present.
Invocation offered by Rev. Herbert R. Adams, Minister, Pollen
Community Church. 8:10 P. M.
Article 55. Presented by Howard M. Kassler.
MOTION: That the Conservation Commission be authorized
to purchase or otherwise acquire, and the Selectmen be
(Amended authorized to take by eminent domain, upon the written
April 11, request of the Conservation Commission, for conserve-
1973 - tion purposes including outdoor recreation as provided
See by Section 8C of Chapter 40 of the General Laws, any fee,
Page easement or conservation restriction as defined in
433.) Section 31 of Chapter 184 of the General Laws or other
interest in all or any part of land shown as Lot 92A
on Assessors' Property Map 54, now or formerly of John
W. Porter, and Lot 106 on Assessors' Property Map 54,
now or formerly of Waymint Realty Trust; that the sum
of $95,000.00 be appropriated for such land acquisition,
and that such amount be raised in the current tax levy.
8:12 P. M.
Charles F. Gallagher, Jr. stated that the Recreation
Committee supported this article.
8:28 P. M.
Alfred P. Tropeano stated that as he was representing
John W. Porter he would refrain from voting on this
motion. 8:32 P. M.
Mr. Tropeano spoke in opposition and stated that this
land could be divided into twenty house lots to be sold
at $15,000.00 each. 8:36 P. M.
Joyce A. Miller stated that the League of Women Voters
supported all of the conservation articles.
8:41 P. M.
Fred C. Bailey stated that the Board of Selectmen
unanimously supported this article.
8:47 P. M.
M. Chandler Crocker, II moved to amend the motion by
striking out the words "and the Selectmen be authorized
to take by eminent domain, upon the written request of
the Conservation Commission,".
8:50 P. M.
J. S. Nason Whitney moved the previous question which
was declared carried by voice vote.
8:57 P. M.
Motion to amend, as offered by Mr. Crocker, declared
lost by voice vote. 8:57 P. M.
Standing vote on main motion, as offered by Mr. Kassler:
Precinct In Favor Tellers Opposed
1 8 Patricia K. Hagedorn 8
2 12 Michael J. O'Sullivan 3
3 14 Shirley A. Byrne 2
4 15 Joseph O. Rooney 0
5 11 Arthur E. Burrell 6
6 15 John T. Harvell 0
7 15 Jacquelyn H. Ward 3
8 7 Mary E. Shunney 11
9 13 Stephen Michael Politi 3
At large 24 Howard L. Levingston 4
171" TU
Main motion adopted 9:01, p. M.
, ,
412
Edward E. Furash served notice of reconsideration of Article 55.
9:02 P. M.
Article 56. Presented by David G. Williams.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:02 P. M.
Article 57. 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 conserva-
tion purposes including outdoor recreation as provided
by Section BC 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
26 on Assessors' Property Maps 87 and 89, now or
formerly of The LuckyPenny Trust, located southerly of
the northerly line of the Boston Edison Easement; that
the sum of $5,000.00 be appropriated for such land
acquisition, and that such amount be raised in the
current tax levy.
9:03 P. M.
Voice vote not unanimous, so a standing vote taken as
follows:
Precinct In Favor Tellers Opposed
1 8 Patricia K. Hagedorn 5
2 13 Michael J. O'Sullivan 2
3 15 Shirley A. Byrne 0
4 16 Joseph 0. Rooney 0
5 12 Arthur E. Burrell 5
6 15 John T. Harvell 0
7 12 Jacquelyn H. Ward 6
8 6 Mary E. Shunney 13
9 6 Stephen Michael Politi 7
At Large 24 Howard L. Levingaton 0
127 38
Adopted. 9:13 P. M.
Article 58. Presented by Manfred P. Friedman.
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 conserva-
tion 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 18 on Assessors' Property Map 82, now or formerly
of Ruth C. Johnson; that the sum of $5,000.00 be
appropriated for such land acquisition, and that such
amount be raised in the current tax levy.
9:15 P. M.
Voice vote not unanimous, standing vote as follows:
Precinct In Favor Tellers Opposed
1 12 Patricia K. Hagedorn 0
2 17 Michael J. O'Sullivan 0
3 16 Shirley A. Byrne 0
4 16 Joseph O. Rooney 0
5 15 Arthur E. Burrell 2
6 14 John T. Harvell 0
7 17 Jacquelyn H. Ward 1
8 11 Mary E. Shunney 1
9 14 Stephen Michael Politi 0
At Large 25 Howard L. Levingston 0
157 4
Motion adopted. 9:20 P. M.
°
41_3
Article 59. Presented by Manfred P. Friedman.
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 conserva-
tion 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 83A, 84 and 101B on Assessors' Property Map 82,
now or formerly of Greener and Whiter Trust; that the
sum of $30,000.00 be appropriated for such land
acquisition, and that such amount be raised in the
current tax levy.
9:22 P. M.
Eric T. Clarke stated that the Planning Board supported
this article. 9:33 P. M.
Voice vote on Mr. Friedman's motion not unanimous, so a
standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 3 Patricia K. Hagedorn 10
2 11 Michael J. O'Sullivan 5
3 13 Shirley A. Byrne 4
4 11 Joseph 0. Rooney 6
5 11 Arthur E. Burrell 7
6 14 John T. Harvell 1
7 13 Jacquelyn H. Ward 5
8 3 Mary E. Shunney 14
9 11 Stephen Michael Politi 5
At Large 25 Howard L. Levingston 2
115 59
Less than the required two-thirds having voted in
favor, the motion is not adopted.
9:36 P. M.
Article 60. 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 conserva-
tion 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 409 on Assessors' Property Map 13 and Lot 91 on
Assessors' Property Map 20., now or formerly of Ralph
D. Cataldo; that the sum of $5,000.00 be appropriated
for such land acquisition, and that such amount be
raised in the current tax levy.
9:37 P. M.
Stanley A. Brown served notice of reconsideration of ARticle 59.
9:46 P. M.
Article 60. Ephraim Weiss moved that this article be tabled which
(Cont.) was declared lost by voice vote.
9:47 P. M.
Mr. Smith stated that the acquisition of the conserva-
tion easement is dependent on Mr. and Mrs. Cataldo
getting Board of Appeals permission to provide parking
for the employees of Mal's. Access to the parking
would be over town owned land.
9:53 P. M.
414
Article 60. Eric T. Clarke stated that the Planning Board supported
(Cont.) this article. 9:53 P. M.
George S. Silverman moved the previous question which was
declared carried by voice vote.
9:56 P. M.
William J. Dailey, Jr. , James Cataldo, Ralph A. Cataldo
and William R. Cataldo abstained from voting on the
main motion.
Voice vote on the main motion was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 14 Patricia K. Hagedorn 0
2 17 Michael J. O'Sullivan 0
3 16 Shirley A. Byrne 0
4 15 Joseph 0. Rooney 3
5 15 Arthur E. Burrell 3
6 15 John T. Harvell 0
7 16 Jacquelyn H. Ward 0
8 17 Mary E. Shunney 0
9 16 Stephen Michael Politi 0
At Large 27 Howard L. Levingston 0
168 6
Motion Adopted. 9:58 P. M.
Article 61. Presented by Howard M. Kassler.
MOTION: That the sum of $10,000.00 be appropriated to
the Conservation Fund, established by vote under Article
9 of the warrant for the special town meeting held on
June 8, 1964, and that such amount be raised in the
current tax levy.
Carried by voice vote. 10:01 P. M.
Article 62. Presented by Natalie H. Riffin.
MOTION: That the Selectmen be authorized to accept a
gift from the Commissioner of Mental Health, acting for
and on behalf of the Commonwealth of Massachusetts, of
a parcel of land located on Concord Avenue for conserva-
tion purposes.
Carried Unanimously. 10:05 P. M.
Article 63. Presented by Angela E. Frick.
MOTION: That the Selectmen be authorized to accept a
gift from The First Bedford Realty Trust and its tenant
Living and Learning Centres, Inc. of a conservation
easement along the Munroe Brook.
Carried Unanimously. 10:07 P. M.
Article 64. Presented by Frank I. Michelman.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:08 P. M.
Article 65. Presented by Allan F. Kenney.
MOTION: That the Selectmen be authorized to sell, as
one lot or in separate lots, to the highest bidder or
bidders, or in such manner and on such other terms and
conditions as the Selectmen may determine to be in the
interest of the Town, certain equipment and material of
the Public Works Department that is no longer required
by it, including 1 Compressor and Electric Motor, 1 Air
Chamber, 1 Control Panel and 2 Check Valves.
Carried Unanimously. 10:09 P. M.
415
ARTICLE 66 and ARTICLE 67 and ARTICLE 68. Presented by Allan F. Kenney.
MOTION: I move that these three articles be taken up
together.
Carried by voice vote. 10:10 P. M.
ARTICLE 66. Presented by Allan F. Kenney.
MOTION: To establish as a town way and accept the layout
of as a town way Grassland Street from Payson Street a
distance of 1,050 feet, more or less, easterly to
Valleyfield Street as laid out by the Selectmen under
the Betterment Act and shown upon a plan on file in the
office of the Town Clerk, dated January 15, 1973; to
authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor.
10:10 P. M.
Eric T. Clarke filed the Report of the Planning Board
recommending acceptance of the street layouts under
Articles 66, 67, 68, 71, 72, 73, 74 and 75.
Joseph 0. Rooney moved the previous question which was
declared carried by voice vote.
10:20 P. M.
Main motion, as presented by Mr. Kenney, declared
carried unanimously. 10:20 P. M.
Article 67. Presented by Allan F. Kenney.
MOTION: To establish a town way and accept the layout
of as a town way Holland Street from Taft Avenue a
distance of 200 feet, more or less, northeasterly to
end as laid out by the Selectmen under the Betterment
Act and shown upon a plan on file in the office of the
Town Clerk, dated January 15, 1973; to authorize the
Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest
in land necessary therefor.
Carried Unanimously. 10:22 P. M.
Article 68, Presented by Allan F. Kenney.
MOTION: To accept the alteration and relocation of
Fern Street from the westerly sideline of Pleasant
Street a distance of 100 feet, more or less, south-
westerly as altered and relocated by the Selectmen and
shown upon a plan on file in the office of the Town
Clerk, dated January 15, 1973; authorize the Selectmen
to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary
therefor.
Carried Unanimously. 10:25 P. M.
MOTION: That the sum of $83,000.00 be appropriated for
land acquisition, construction, alteration and recon-
struction of ways enumerated in Articles 66, 67, and
68, and that such amount be raised in the current tax
levy.
Carried Unanimously 10:26 P. M.
Article 69. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 10:27 P. M.
Article 70. Presented by Allan F. Kenney.
MOTION: That this article be indefinitely postponed.
Carried Unanimously. 10:28 P. M.
4i€
Article 71. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the layout
of as a town way Barrett Road from Worthen Road a
distance of 714 feet, more or less, southwesterly to
end as laid out by the Selectmen and shown upon a plan
on file in the office of the Town Clerk, dated January
15, 1973, and to authorize the Selectmen to take by
eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor.
Carried Unanimously. 10:28 P. M.
Article 72. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the lay-
out of as a town way Bond Road from John Poulter Road
a distance of 281 feet, more or less, westerly to end
as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 15,
1973, and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor.
Carried Unanimously 10:29 P. M.
Article 73. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the lay-
out of as a town way Viles Road from John Poulter Road
a distance of 288 feet, more or less, westerly to end
as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 15,
1973, and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor.
Carried Unanimously. 10:30 P. M.
Article 74. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the lay-
out of as a town way John Poulter Road from Winthrop
Road a distance of 1,231 feet, more or less, south-
westerly to Worthen Road aslaid out by the Selectmen
and shown upon a plan on file in the office of the Town
Clerk, dated January 15, 1973, and to authorize the
Selectmen to take by eminent domain, purchase or other-
wise acquire any fee, easement or other interest in
land necessary therefor.
10:31 P. M.
Richard A. Michelson moved that this article be
indefinitely postponed, which was declared lost by
voice vote. 10:35 P. M.
Motion, as presented by Mr. Busa, carried by voice vote.
10:35 P. M.
Article 75. Presented by Alfred S. Busa.
MOTION: To establish as a town way and accept the lay-
out of as a town way Worthen Road from Waltham Street a
distance of 1,053 feet, more or less, southeasterly to
end as laid out by the Selectmen and shown upon a plan
on file in the office of the Town Clerk, dated January
15, 1973, and to authorize the Selectmen to take by
eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor.
Carried Unanimously. 10:37 P. M.
Article 76. Presented by Alfred S. Busa.
MOTION: That the sum of $1,000.00 be appropriated for
filing fees in connection with the acceptances of streets,
and that such amount be raised in the current tax levy.
Carried Unanimously. 10:37 P. M.
4:17
Article 77. Presented by Eric T. Clarke.
MOTION: That for purposes of providing pedestrian
access from Mason Street in the Pleasant Brook neighbor-
hood to the West Farm Conservation area, the Board of
Selectmen be and they hereby are empowered to accept a
12 foot wide easement running from the north side of
Mason Street northeasterly to the boundary of land now
or formerly of William S. Wilson, Donald D. Wilson and
Allen B. Wilson, and then east to the boundary of land
now owned by the Town of Lexington which is shown as
"Lot A" on Land Court Plan 27502-B, and, upon acceptance
of said easement, to abandon an old easement running from
Mason Street more northerly to the boundary of the afore-
mentioned Wilson land and then east to the boundary of
the aforementioned "Lot A"; and that the Selectmen be
authorized to take all other action necessary to carry
out this vote.
Carried Unanimously 10:45 P. M.
• Stanley A. Brown moves that Article 80 be taken up out of order.
Carried by voice vote. 10:45 P. M.
Article 80. Presented by Stanley A. Brown.
MOTION: That the action of the Board of Selectmen in
accepting on behalf of the Town a deed dated July 13,
1972, from Cape and Islands Financial Corporation
conveying to the Town lot 21 containing 98,738 square
feet as shown on plan entitled "Idylwilde Farms,
Lexington, Mass." dated December 29, 1969, revised
July 1971 and June 12, 1972 by Erich W. Nitzsche,
registered professional engineer and land surveyor,
recorded in Middlesex South Registry of Deeds, be
ratified, confirmed and adopted.
Carried Unanimously. 10:46 P. M.
Stanley A. Brown moved that Article 81 be taken up out of order.
Carried Unanimously. 10:47 P. M.
Article 81. Presented by Stanley A. Brown.
MOTION: That the Board of Selectmen be authorized to
accept on behalf of the Town a deed from Jenkins Realty
Inc. conveying to the Town parcel A containing 3.87
acres as shown on plan entitled "Springdale Estates,
Lexington, Mass." dated July 13, 1969, revised December
15,1972, by Miller and Nylander, Civil Engineers and
Surveyors, recorded in Middlesex South Registry of Deeds.
Carried Unanimously. 10:48 P. M.
Stanley A. Brown moves that Article 82 be taken up out of order.
Carried Unanimously. 10:48 P. M.
Article 82. Presented by Stanley A. Brown.
MOTION: That the action of the Board of Selectmen in
accepting on behalf of the Town a deed from Village
Development Corporation conveying to the Town lot A
containing 3.4 acres and lot C containing 2.4 acres as
shown on plan entitled "Village Circle Subdivision Plan
of Land, Lexington, Mass." dated May 12, 1969, revised
June 26, 1969 and April 28, 1970, by E. Conrad Levy and
Associates, Surveyors and Engineers, recorded in Middle-
sex South Registry of Deeds, be ratified, confirmed
and adopted.
Carried Unanimously. 10:49 P. M.
Allan F. Kenney moved that Article 83 be taken up out of order.
Carried Unanimously. 10:50 P. M.
418
Article 83. Presented by Allan F. Kenney.
MOTION: That the General By-Laws of the Town of Lexington
be amended by striking the third paragraph of Section 1
of Article XXX and inserting in place thereof a new third
paragraph to read as follows:
The Board or committee for which a structure, re-
(Approved creational facility, or building is being planned or
by constructed shall appoint not more than two representatives
Attorney to the committee who shall be entitled to participate
General, in the activities of the committee and vote on matters
Robert affecting the particular project for which they are so
H. Quinn, appointed. Such appointed members shall serve only for
June 25, the time during which the committee is exercising its
1973.) function with respect to such project.
10:51 P. M.
Mr. Kenney asked permission to withdraw his motion, and,
as there were no objections from the Town Meeting, the
motion was withdrawn. 10:51 P. M.
Mr. Kenney then presented the following motion under
Article 83:
MOTION: That the General By-Laws of the Town of Lex-
ington be amended by striking the third paragraph of
Section 1 of Article XXX and inserting in place thereof
a new third paragraph to read as follows:
The Board or committee for which a structure,
recreational facility, or building is being planned or
constructed shall appoint not more than two representa-
tives to the committee who shall be entitled to partici-
pate in the activities of the committee and vote on
matters affecting the particular project for which they
are so appointed. Such appointed members shall be
voters of the Town and shall serve only for the time
during which the committee is exercising its function
with respect to such project. No appointed member of
the committee shall be a town officer or town employee.
10:52 P. M.
Robert V. Whitman stated that the Permanent Building
Committee supported this motion. 10:54 P. M.
Motion, as presented by Mr. Kenney, carried unanimously.
10:55 P. M.
Allan F. Kenney moved that Article 84 be taken up out of order.
Carried Unanimously. 10:55 P. M.
Article 84. Presented by Edward E. Furash.
MOTION: That the Moderator appoint a committee of five
town meeting members to study the advisability of
changing the date for the annual town meeting, such
committee to report to the Moderator and Board of Select-
men not later than January 1, 1974.
10:57 P. M.
David Reiner suggested having Saturday sessions and also
having spring sessions and any zoning changes should come
up at a fall session. 11:02 P. M.
Paul A. Plasse suggested that election day should be
changed to a Saturday. 11:02 P. M.
James M. McLaughlin moved the previous question which
was declared carried by voice vote. 11:03 P. M.
Main motion, as presented by Mr. Furash, declared
carried by voice vote. 11:03 P. M.
449
Allan F. Kenney moved that the meeting be adjourned to Monday,
April 9, 1973 at 8 P. M. in the Cary Memorial Hall.
11:03 P. M.
William T. Spencer moved to amend the motion by changing the
date to Thursday, April 5, 1973 at the same hour.
11:03 P. M.
Motion to amend, as presented by Mr. Spencer, declared lost by
voice vote. 11:07 P. M.
Motion to adjourn to Monday, April 9, 1973 at 8 P. M. in the
Cary Memorial Hall, as presented by Mr. Kenney, declared carried
by voice vote. 11:08 P. M.
A true copy.
Attest:
I
Mary R. McDonough, Town Clerk
- -
42o
ADJOURNED TOWN MEETING HELD APRIL 9, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr.
at 8:08 P. M. There were 190 Town Meeting Members present.
Invocation offered by Rev. R. Reinhold Abele, Minister of the
Pilgrim Congregational Church. 8:10 P. M.
Allan F. Kenney moved to resubmit Article 39. 8:12 P. M.
Mr. Kenney then reads the motion under Article 39:
Article 39. MOTION: That the sum of $3,000.00 be appropriated for
materials and grading in order to extend the Meriam
Street off-street parking area, and that such amount
(See be raised in the current tax levy.
Page 8:13 P. M.
402)
Mr. Kenney's motion to resubmit Article 39 declared
carried by voice vote. 8:15 P. M.
Edward E. Furash stated that the Appropriation
Committee is in favor of this motion as presented by
the Selectmen. ' 8:16 P. M.
The substitute motion, as presented by Mr. Kenney this
evening, declared carried by voice vote.
8:16 P. M.
Margery M. Battin moved to reconsider ARticle 54. 8:16 P. M.
Mrs. Battin read new motion under Article 54:
Article 54. MOTION: That the sum of $5,000.00 be appropriated to be
expended under the direction of the Planning Board for
the study of Tophet Swamp and its environs, and that
such sum be raised in the current tax levy.
8:17 P. M.
Eric T. Clarke presented the Planning Board Report on
this article. 8:22 P. M.
Howard M. Kassler stated that the Conservation Commission
is in favor of reconsideration and the substitute motion.
8:25 P. M.
Allan F. Kenney stated that the Board of Selectmen
unanimously support the motion to reconsider Article 54.
8:27 P. M.
Motion to reconsider Article 54, as presented by Mrs.
Battin, declared carried by voice vote.
8:31 P. M.
Article 54. Amended motion presented by Eric T. Clarke.
MOTION: That the sum of $5,000.00 be appropriated to be
expended under the direction of the Planning Board for
the study of Tophet Swamp and its environs, and that such
sum be raised in the current tax levy.
Voice vote on amendment doubted, so standing vote taken:
Precinct In Favor Tellers Opposed
1 8 Patricia K. Hagedorn 11
2 11 Michael J. O'Sullivan 7
3 13 Shirley A. Byrne 3
4 16 Joseph 0. Rooney 0
5 11 Arthur E. Burrell 5
6 16 John T. Harvell 2
7 13 Jacquelyn H. Ward 1
8 6 Mary E. Shunney 11
9 10 Stephen Michael Politi 5
At large 21 Howard L. Levingston 1
125 -TT
Amendment adopted. 8:39 P.M.
Main motion, as amended carried by voice vote. 8:39 P. M.
421
Daniel E. Power stated that he had intended to move that ARticle
92 be taken up out of order as the architect for the project will
be leaving for Hong Kong for two years but he is not going to make
that motion at this time. He is alerting the meeting that he may
move at the next adjourned session that Article 92 be brought up
early in the meeting. 8:42 P. M.
Article 78. Presented by Eric T. Clarke.
MOTION; That the Zoning By-Law of the Town be amended
as set forth in this article with the following changes.
1.) Section 37.1 shall read as follows:
"37.1. The purposes of the Wetland Protection
DITEict are to preserve and maintain the ground
water table; to protect the public health and safety
by protecting persons and property against the
hazards of flood water inundation; and to protect
the community against the costs which may be incurred
when unsuitable development occurs in swamps, marshes, '
along water courses, or in areas subject to floods."
2.) The word "may" in the last sentence of Section 37.5
shall be changed to "shall".
3.) Section 37.7 shall read as follows:
"37.7. No land, building, or structure in a
Wetland Protection District shall be used for sustained
human occupancy except buildings or structures
existing on the effective date of this section, or
land, buildings or structures which comply with the
provisions of this by-law. Where no filling of such
land takes place, any addition, alteration, repair or
reconstruction of such building or structure or the
construction of any structure accessory thereto shall
be exempt from the provisions of Sections 37.4 and
37.5."
8:44 P. M.
Howard M. Kessler stated that the Conservation
Commission unanimously favored this article.
8:58 P. M.
Eric T. Clarke filed the Report of the Lexington
Planning Board on Articles 78 and 79.
8:58 P. M.
Allan F. Kenney stated that a majority of the Board
of Selectmen supported this article.
8:59 P. M.
Selectman, Alfred S. Busa spoke against the article.
9:02 P. M.
Joyce A. Miller stated that the League of Women
Voters supported this article. 9:07 P. M.
Paul A. Plasse moved for recommittal. 9:08 P. M.
Charles H. Cole, 2nd moved the previous question
which was declared carried by voice vote. 9:16 P. M.
Motion to recommit, as presented by Mr, Plasse,
declared lost by voice vote. 9:16 P. M.
Joan P. Crothers moved for a roll call vote which
was declared lost by voice vote. 9:17 P. M.
Voice vote on main motion taken as follows:
422
Article 78. Precinct In Favor Tellers Opposed
(Cont.)
1 9 Patricia K. Hagedorn 8
2 10 Michael J. O'Sullivan 8
3 13 Shirley A. Byrne 3
4 14 Joseph 0. Rooney 3
5 15 Arthur E. Burrell 2
6 17 John T. Harvell 0
7 16 Jacquelyn H. Ward 1
8 3 Mary E. Shunney 10
9 10 Stephen Michael Politi 6
At large 20 Howard L. Levingston 4
127 45
Motion under Article 78, which reads as follows, adopted.
9:18 P. M.
(Approved MOTION: That the Zoning By-Law of the Town be amended
by as follows:
Attorney
General, A. By inserting in the second sentence of Section 13
Robert thereof following the words "ground water drainage"
H. Quinn, the words: "protection against flooding and
June 28, inundation, prevention of water pollution and
1973.) environmental damage";
B. By adding at the end of Section 20 the following
new subsection:
"20.3 Wetland Protection Districts:
W - Wetland Protection Districts, which are superim-
posed on other districts, as defined in Section 37."
C. By adding the following sentence after the first
sentence of Section 24:
"Use of land in a Wetland Protection District shall
be governed by the requirements of Section 37, as
well as the requirements of the Use Regulation
Schedule. "
D. By inserting a new Section 37 in proper numerical
sequence and reading as follows:
37.1 The purposes of the Wetland Protection District
are to preserve and maintain the ground water table;
to protect the public health and safety by protect-
ing persons and property against the hazards of
flood water inundation; and to protect the
community against the costs which may be incurred
when unsuitable development occurs in swamps,
marshes, along water courses, or in areas subject
to floods.
37.2 A Wetland Protection District shall not
supersede other zoning districts established by
this by-law for land within the District but shall
be deemed to be superimposed over such other
zoning districts.
37.3 Within a Wetland Protection District no land
shall be used except for one or more of the following
uses; any woodland, grassland, wetland, agricultural,
horticultural, or recreational use of land or
water, provided such use does not require filling
of the land.
37.4 The Board of Appeals may 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. A copy
423
Article 78. of every application for such a special permit shall be
(Cont.) given by the applicant at the time of submission of the
application to the Board of Selectmen, to the Board of
Health, to the Planning Board, and to the Conservation
Commission as well as all other parties required.
37.5 The Board of Appeals may issue a special permit
for any use of land which would otherwise be permitted
if such land were not, by operation of this section, 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 use, and (2) that the use
of such land for any such use will not interfere with
the general purposes for which Wetland Protection
Districts have been established, and (3) that such use
will not be detrimental to the public health, safety,
or welfare. A copy of every application for a special
permit under this section shall be given by the appli-
cant at the time of submission of the application to
the Planning Board, the Board of Health, the Conserva-
tion Commission, and the Board of Selectmen. The
Board of Appeals shall not hold a public hearing on the
application earlier than thirty days after submission
of the application. The above-named Boards 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.
37.6 Except as provided in Sections 37.4 or 37.5 there
shall be in the Wetland Protection District:
No landfill or dumping or excavation of any kind.
No drainage work other than by an authorized public
agency.
No damming or relocation of any watercourse except
as part of an overall drainage basin plan.
No building or structure.
No permanent storage of materials or equipment.
37.7 No land, building, or structure in a Wetland
Protection District shall be used for sustained human
occupancy except buildings or structures existing on
the effective date of this section, or land, buildings
or structures which comply with the provisions of this
by-law. Where no filling of such land takes place,
any addition, alteration, repair or reconstruction of
such building or structure or the construction of any
structure accessory thereto shall be exempt from the
provisions of Sections 37.4 and 37.5,
37.8 Notwithstanding any other provision of Section 37,
if any part of a lot is within the Wetland Protection
District, that part of the lot may be used to meet the
area and dimensional requirements specified in Section
27 for lots in the underlying district.
(Adopted. In Favor: 127 Opposed: 45 9:18 P. M.)
Article 79. Presented by Eric T. Clarke.
(Approved MOTION: That the Zoning By-Law of the Town be amended
by as follows:
Attorney
General, A. By adding a new subsection 22.5 as follows:
Robert
H. Quinn, "22.5. Wetland Protection Districts:
June 28,
1973.) W - Wetland Protection Districts are shown on maps
entitled Wetland Protection Districts, Lexington,
Massachusetts - 1973 consisting of an index map
and 12 sheets entitled Zoning District Maps
4[24
Article 79. numbered W-1, W-2, W-5 , W-6, W-7,W-8, W-12,
(Cont.) W-13, W-26, W-32, W-33, W-39."
B. and by adopting and incorporating as a part of the
Town Zoning Map maps entitled Wetland Protection
Districts, Lexington, Massachusetts - 1973 consisting
of an index map and 12 sheets entitled Zoning
District Map6 . numbered W-1, W-2, W-5, W-6, W-7,
W-8, W-12, W-13, W-26, W-32, W-33, W-39, all dated
March 19, 1973 and on file with the Town Clerk.
9:21 P. M.
Mr. Clarke had filed the Planning Board Report
on Article 79 at the time he filed the report
covering Article 78.
Mr. Clarke stated that article covered three sections:
land near Metropolitan State Hospital and Belmont
Country Club; Great Meadows and Hobb Brook Reservoir
area. 9:27 P. M.
Allan F. Kenney moved to amend the motion: I move
that the motion offered under Article 79 be amended
by deleting all references to Zoning District Maps
numbered W-7, W-8, W-12 and W-13.
9:30 P. M.
Mr. Kenney stated that the purpose of the amendment
is to delete the Great Meadows. The Board of Selectmen
of Arlington have asked that this be done so that they
can review.this more thoroughly, and the Lexington
Board of Selectmen agree with them.
9:32 P. M.
Motion to amend, as offered by Mr. Kenney, declared
lost by voice vote. 9:42 P. M.
Erik Lund moved to amend the motion under Article 79
by striking from the motion the words "W-26" wherever
the words appear. 9:42 P. M.
Mr. Lund's amendment would remove the Hobbs Brook
Basin and as he represents C. R. Trust he stated that
he would abstain from voting on his motion to amend
and the main motion if his amendment was adopted.
9:45 P. M.
Eric T. Clarke stated that the Planning Board were
opposed to Mr. Lund's amendment. 9:46 P. M.
Motion to amend, as offered by Mr. Lund, declared
lost by voice vote. 9:46 P. M.
Standing vote on main motion as follows:
Precinct In Favor Tellers Opposed
1 14 Patricia K. Hagedorn 2
2 14 Michael J. O'Sullivan 4
3 16 Shirley A. Byrne 0
4 14 Josph 0. Rooney 4
5 14 Arthur E. Burrell 3
6 17 John T. Harvell 0
7 16 Jacquelyn H. Ward 2
8 7 Mary E. Shunney 4
9 10 Stephen Michael Politi 2
At large 16 Howard L. Levingston 7
138 28
Main motion, as presented by Mr. Clarke, adopted.
9:48 P. M.
425
Manfred P. Friedman moved for reconsideration of Article 51
which was declared lost by voice vote. 9:50 P. M.
Article 85. Presented by Allan F. Kenney.
MOTION: That the Town accept Section 53C of Chapter
44 of the General Laws.
9:50 P. M.
(Ch. 44, Sec. 53C, DEPOSIT AND EXPENDITURE OF MONEYS
RECEIVED FOR OFF-DUTY WORK DETAILS OF POLICE.
In any city or town which accepts the provisions of
this section, all moneys received by it in payment for
off-duty work details of members of its police depart-
ment shall be deposited in the treasury, shall be kept
in a separate fund by the treasurer apart from any other
of its money, funds or other property, and shall be
expended without further appropriation at the direction
of the chief of police or other officer having similar
duties for the purpose of paying its police officers
for such off-duty work details, notwithstanding the
provisions of section fifty-three.)
Motion, as presented by Mr. Kenney, declared lost by
voice vote.
9:57 P. M.
Article 86. Presented by Paul J. MacKenzie.
MOTION: To amend Article V Section 30 of the General
By-Laws to read as follows:
"The vote on any motion shall be taken by a "Yes" and
"No" ballot with the use of the check list or by a
poll of the meeting upon the order of one quarter of
those members present and voting."
9:58 P. M.
John Deutch moved to amend: Commencing in 1974, Town
Meeting Members will be required to file with the Town
Clerk within ten days of the end of Town Meeting, a
statement of their vote on all Warrant Articles. This
statement will be available for public scrutiny at the
Office of the Town Clerk. 10:08 P. M.
The Moderator called a five minute recess. 10:10 P. M.
The Moderator again called the meeting to order. 10:18 P. M.
Article 86. The Moderator ruled that the amendment, as offered by
(Cont.) Mr. Deutch, is beyond the scope of the article.
10:20 P. M.
Arthur E. Burrell presented the following amendment for
Sam Silverman, Town Meeting Member from Precinct 5 who
is absent:
MOTION: To amend the main motion of Article 86 to
read as follows:
"The vote on any motion shall be taken by a "Yes"
and "No" ballot and, made a matter of public record by a
poll of the meeting, or by such other method as is
deemed most expeditious by the moderator upon the order
of ten percent or twenty members, whichever is least,
of those present and voting." 10:21 P. M.
Mr. Burrell stated that he is opposed to this motion.
10:25 P. M.
426
Article 86. Frank H. Totman, Jr. moved to recommit this article to
(Cont.) the committee that presented it. 10:27 P. M.
Mr. MacKenzie asked Mr. Totman to withdraw his motion
in order that the committee can put in another motion.
Mr. Totman stated that he would like to hear the motion
first so Mr. MacKenzie read the following motion:
To refer the question of revising Article V, Section
30 of the General By-laws to a committee consisting of
5 town meeting members and 2 other voters of the town,
to be appointed by the Moderator. The committee shall
consider criteria and methods for providing greater
accountability and efficiency in the use of the
recorded vote at Town Meeting and shall make a report
to the next Annual Town Meeting.
10:30 P. M.
Mr. Totman agreed to withdraw his motion and has the
unanimous consent of the meeting. 10:30 P. M.
Mr. Paul J. MacKenzie presented the following motion:
To refer the question of revising Article V, Section
30 of the General By-laws to a committee consisting of
5 town meeting members and 2 other voters of the town,
to be appointed by the Moderator. The committee shall
consider criteria and methods for providing greater
accountability and efficiency in the use of the recorded
vote at Town Meeting and shall make a report to the
next Annual Town Meeting.
10:31 P. M.
James M. McLaughlin moved the previous question which
was declared carried by voice vote.
10:34 P. M.
Referral motion, as presented by Mr. MacKenzie,
declared carried by voice vote. 10:34 P. M.
Article 89. Presented by John T. Harvell.
• MOVED: To vote to amend the Town of Lexington Zoning
by-law by voting:
(a) to change the land bounded and described in the
Warrant Article 89 from P.O - One-family dwelling district
to RM - Multi-family (garden apartments) dwelling
district by revising the Zoning Map and adopting a new
Zoning District Map No. RM-5 showing such land as an
RM Garden Apartment District and
(b) to add a new paragraph No. 22.47 after subsection
22.46 of Section 22 reading as follows:
22.47 A district on the northeasterly side of Bedford
Street and the southerly side of Winter Street as
shown on the Zoning District Map No. RM-5 entitled
RM Garden Apartment Districts designated thereon 22.47.
10:36 P. M.
Mr. Harvell asked for permission for Charles H.
Spaulding and his associates from Spaulding E. Slye to
make their presentation. 10:37 P. M.
In the course of his presentation, Mr. Spaulding
stated that a Restrictive Agreement on the Drummer Boy
Land (prohibiting the construction of more than 150
dwelling units on such land) has been recorded at the
South Middlesex Registry of Deeds.
11:13 P. M.
Eric T. Clarke presented the Report of the Planning Board.
11:13 P. M.
427
Article 89. Iris G. Wheaton moved that this article be indefinitely
(Cont.) postponed. 11:25 P. M.
Alan G. Adams moved the previous question which was
declared carried by voice vote.
11:33 P. M.
Voice vote on motion to indefinitely postpone is
doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 6 Patricia K. Hagedorn 10
2 8 Michael J. O'Sullivan 10
3 7 Shirley A. Byrne 9
4 4 Joseph 0. Rooney 15
5 7 Arthur E. Burrell 8
6 13 John T. Harvell 4
7 17 Jacquelyn H. Ward 2
8 2 Mary E. Shunney 15
9 5 Stephen Michael Politi 8
At large 9Howard L. Levingston 13
78 94
Indefinite postponement lost. 11:36 P. M.
Mr. Spaulding asked the opinion of the Town Counsel
of the Restrictive Agreement. 11:38 P. M.
Norman P. Cohen, Town Counsel, stated that he had not
received or seen a copy of said agreement.
11:38 P. M.
Erik Lund stated that the Town Counsel should have time
to check over the agreement, therefore he moved that
the meeting adjourn to Wednesday, April 11, 1973 at
8 P. M. . 11:40 P. M.
Allan F. Kenney moved to amend the motion by sub-
stituting the words "7:30 P. M.".
11:40 P. M.
Mr. Kenney's motion to amend declared carried by voice
vote. 11:40 P. M.
Motion, as amended, that meeting adjourn to Wednesday,
April 11, 1973 at 7:30 P. M. declared carried by voice
vote. 11:40 P. M.
Meeting is to be held in Cary Memorial Hall.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
428
ADJOURNED TOWN MEETING HELD APRIL 11, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at
7;43 P. M. in the Cary Memorial Hall.
There were 187 Town Meeting Members present.
Invocation offered by Rev. Lyle Jacobson, Minister of Grace Chapel.
7:45 P. M.
The Moderator stated that the meeting is now open on Article 89.
Article 89. (As presented by John T. Harvell at the April 9, 1973
(Cont.) Adjourned Town Meeting:
MOTION: To vote to amend the Town of Lexington Zoning
by-law by voting:
(a) to change the land bounded and described in
the Warrant Article 89 from RO - One-family dwelling
district to RM - Multi-family (garden apartments)
dwelling district by revising the Zoning Map and adopting
a new Zoning District Map No. RM-5 showing such land as
an RM Garden Apartment District and
(b) to add a new paragraph No. 22.47 after subsection
22.46 of Section 22 reading as follows:
22.47 A district on the northeasterly side of Bedford
Street and the southerly side of Winter Street as shown
on the Zoning District Map No. RM-5 entitled RM Garden
Apartment Districts designated thereon 22.47.)
James E. Cosgrove gave written notice that he would
abstain from voting on Article 89.
Charles H. Spaulding gave a specific review of pertinent
points on this proposal and also gave additional material
guaranteeing the Town that it would get what is proposed.
7:52 P. M.
Manfred P. Friedman moved to suspend the rules for fifteen
minutes to get information on the legality of the
Restrictive Agreement and to ask questions.
7:53 P. M.
Voice vote on Mr. Friedman's motion to suspend the rules
was doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 4 Patricia K. Hagedorn 11
2 6 Michael J. O'Sullivan 10
3 5 Shirley A. Byrne 9
4 9 Joseph 0. Rooney 8
5 12 Arthur E. Burrell 3
6 12 Joan P. Crothers 3
7 17 Jacquelyn H. Ward 4
8 1 Mary E. Shunney 10
9 8 Stephen Michael Politi 5
At large 2 Howard L. Levingston 21
76 84
Motion to suspend the rules does not prevail. 7:58 P.M.
Manfred P. Friedman asks that Town Counsel give his
opinion on the validity of the Restrictive Agreement.
7:59 P. M.
4'29
Article 89. Norman P. Cohen, Town Counsel, stated that the
(Cont.) developer is attempting to limit the number of houses
but that there are many difficult legal questions here.
He feels that the developer has shown his good faith
and assurance by making this Restrictive Agreement.
8:02 P. M.
Renee T. Cochin stated that there are 400 residents
of the area that have registered their opposition
to this project and she questioned what number the
75% represented (Winter Street residents, who live
in the only homes abutting this property, favoring
this project) . Mr. Spaulding said the figure was 9.
8:04 P. M.
Standing vote on main motion, as offered by Mr. Harvell,
as follows:
Precinct In Favor Tellers Opposed
1 12 Patricia K. Hagedorn 6
2 4 Michael J. O'Sullivan 11
3 4 Shirley A. Byrne 11
4 10 Joseph 0. Rooney 7
5 6 Arthur E. Burrell 8
6 6 Joan P. Crothers 8
7 1 Jacquelyn H. Ward 18
8 8 Mary E. Shunney 8
9 9 Stephen Michael Politi 4
At large 12 Howard L. Levingston 11
72 92
Declared Lost. 8:07 P. M.
Article 2. Edward E. Furash, Chairman of the Appropriation
Committee, stated that he would now move for reconsider-
ation of the money articles in order to change the
means of financing. 8:07 P. M.
Edward E. Furash moved for reconsideration of ARticle 17 which
was carried by voice vote. 8:10 P. M.
Article 17. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and that such amount be raised in the current
tax levy" and in their place the following words be
substituted, "and that to raise this amount the treasurer
with the approval of the selectmen be authorized to
borrow $50,000.00 under G.L. c.44, s.7(1) ."
8:10 P. M.
Amendment, as offered by Mr. Furash, declared carried
unanimously. 8:13 P. M.
J. Keith Butters offered the following Resolution:
RESOLVED: While the Town Meeting desires to leave the
treasurer flexibility to act in the best interests of
the town in the light of existing conditions in the
capital markets, it is the strong sense of the town
meeting that, given the heavy pressure on the tax rate
and the very strong fiscal position of the town, borrowing
authorized by this session of the town meeting should be
on a long-term basis.
8:15 P. M.
George S. Silverman stated that the Capital Expenditures
Committee does not agree with the resolution.
8:25 P. M.
43°
Article 17. Allan F. Kenney stated that the Board of Selectmen are
(cont.) opposed to the resolution although it is not binding.
8:25 P. M.
Town Treasurer, Louis A. Zehner, stated that he did not
intend to borrow until after July 1 so that the first
debt payment would not be due until after the 18 month
fiscal year. He stated that he intended to make short
term bond anticipation loans running for approximately
one year. He opposed the resolution.
8:28 P. M.
James M. McLaughlin moved the previous question which
was declared carried by voice vote. 8:31 P. M.
Resolution was declared lost by voice vote, which was
doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 6 Patricia K. Hagedorn 10
2 9 Michael J. O'Sullivan 8
3 10 Shirley A. Byrne 6
4 8 Joseph 0. Rooney 9
5 11 Arthur E. Burrell 3
6 9 . Joan P. Crothers 9
7 15 Jacquelyn H. Ward 5
8 1 Mary E. Shunney 14
9 8 Stephen Michael Politi 7
At large 9 Howard L. Levingston 16
86 87
Resolution does not prevail. 8:34 P. M.
Main motion, as amended, now reads:
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
$50,000.00 for such installation and land acquisition,
and that to raise this amount the treasurer with the
approval of the selectmen be authorized to borrow
$50,000.00 under G.L. c.44, 5.7(1) .
Main motion, as offered by Mr. Kenney and amended by
Mr. Furash, declared carried Unanimously. 8:36 P. M.
Edward E. Furash moved for reconsideration of Article 20.
Carried Unanimously 8:35 P. M.
Article 20. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and that such amount be raised in the current
tax levy" and in their place the following words sub-
stituted, "and that to raise this amount the treasurer
with the approval of the selectmen be authorized to
borrow $640,000.00 under G.L. c.44, s.7(1) ."
Carried Unanimously 8:37 P. M.
Main motion, as amended, now reads:
MOTION: THAT THE Selectmen be and they hereby are
authorized to install sewer mains in such accepted or
unaccepted 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
4:3 1
Article 20. thereof, or otherwise, and to take by eminent domain,
(Cont.) purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor; and to appro-
priate for such installation and land acquisition the
sum of $640,000.00 therefor and that to raise this
amount the treasurer with the approval of the selectmen
be authorized to borrow $640,000.00 under G.L. c.44,
s.7 (1) .
Main motion, as presented by Alfred S. Busa and amended
by Mr. Furash, declared carried unanimously.
8:37 P. M.
Edward E. Furash moved for reconsideration of Article 21.
Carried Unanimously 8:37 P. M.
Article 21. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and that such amount be raised in the
current tax levy" and in their place the following
words substituted, "and that to raise this amount the
treasurer with the approval of the selectmen be
authorized to borrow $120,000.00 under G.L. c.44,
s.7 (1) ."
Carried Unanimously 8:38 P. M.
Main motion, as presented by Alfred S. Busa and
amended by mr. Furash, now reads:
MOTION: That the Selectmen be and they hereby are
authorized to install trunk sewers in the Turning Mill
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 $120,000.00
therefor and that to raise this amount the treasurer
with the approval of the Selectmen be authorized to
borrow $120,000.00 under G.L. c.44, s.7 (1) .
Main motion, as amended, carried unanimously.
8:38 P. M.
Edward E. Furash moved for reconsideration of Article 22.
Carried Unanimously 8:38 P. M.
Article 22. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and that such amount be raised in the current
tax levy', and in their place the following words sub-
stituted, "and that to raise this amount the treasurer
with the approval of the selectmen be authorized to
borrow $35,000.00 under G.L. c.44, s.7 (1) ."
Carried Unanimously 8:39 P. M.
Main motion, as amended, now reads:
MOTION: That the Selectmen be and they hereby are
authorized to install trunk sewers in the Wyman 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 $35,000.00
therefor and that to raise this amount the treasurer with
the approval of the selectmen be authorized to borrow
$35,000.00 under G.L. c.44, s.7(1) .
Main motion, as presented by Mr. Busa and amended by
Mr. Furash, declared carried unanimously. 8:39 P. M.
. ,
432
Edward E. Furash moved for reconsideration of ARticle 23.
Carried Unanimously 8:39 P. M.
Article 23. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and $60,000.00 be raised in the current tax
levy' and in their place the following words sub-
stituted,"$20,000.00 be raised in the current tax levy
and the treasurer with the approval of the selectmen
be authorized to borrow $40,000.00 under G.L. c.44,
s.7 (1) ."
Carried Unanimously 8:40 P. M.
Main motion, as amended, now reads:
MOTION: That the Selectmen be and they hereby are
authorized to install trunk sewers in the Hayes Lane
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 $76,800.00
therefor; and to raise such amount $16,800.00 be trans-
ferred from the unexpended balance of the amount
appropriated under Article 21 of the warrant for the
1970 annual town meeting $20,000.00 be raised in the
current tax levy and the treasurer with the approval of
the selectmen be authorized to borrow $40,000.00 under
G.L. c.44, s.7(1) .
Main motion, as presented by Alfred S. Buse, and
amended by Mr. Furash, declared carried unanimously.
8:40 P. M.
Edward E. Furash moved for reconsideration of Article 24 part 1.
Carried Unanimously 8:42 P. M.
Article 24 - Part 1. Presented by Edward E. Furash.
MOTION: I move that the following substitute motion be
adopted under Article 24 (Part 1) :
That the sum of $80,000.00 be appropriated for the
purchase by or with the approval of the Selectmen of
equipment for the Department of Public Works, consisting
of a compactor, and that to raise such amount $45,000.00
be appropriated from available and anticipated P.L.
92-512 funds (Federal Revenue Sharing Funds) and $35,000.00
be raised in the current tax levy.
8:42 P. M.
Fredric S. Cohen moved to amend Article 24 part one by
adding the words "except that the Town may not purchase
a trash compactor until all other practical methods of
compaction have been investigated to the satisfaction
of the Citizens Committee on Solid WasieManagement."
8:56 P. M.
Mr. Cohen, with the consent of the meeting, withdrawshis
motion to amend. 8:58 P. M.
Earl F. Baldwin, Jr. moved the previous question which
was declared carried by voice vote.
8:58 P. M.
Substitute motion declared carried by voice vote, which
was doubted, so a standing vote taken as follows:
AO)c)
ttc}Q)
Article 24 - Part 1.
(Cont.)
Precinct In Favor Tellers Opposed
1 6 Patricia K. Hagedorn 12
2 7 Michael J. O'Sullivan 10
3 4 Shirley A. Byrne 11
4 14 Joseph 0. Rooney 3
5 11 Arthur E. Burrell 4
6 5 Joan P. Crothers 11
7 7 Jacquelyn H. Ward 12
8 8 Mary E. Shunney 6
9 8 Stephen Michael Politi 6
At large 23 Howard L. Levingston 1
93 76
Substitute motion, as presented by Mr. Furash, declared
adopted. 9:05 P. M.
Edward E. Furash moved to reconsider Article 55. 9:06 P. M.
Carried by voice vote. 9:12 P. M.
Article 55. Presented by Edward E. Furash.
MOTION: I move that the motion be amended by striking
the words "and that such amount be raised in the current
tax levy" and in their place the following words sub-
stituted "and that to raise such amount $5,000.00 be
raised in the current tax levy and the treasurer with
the approval of the selectmen be authorized to borrow
$90,000.00 under G.L. c.44, s.7(3) ."
Carried Unanimously 9:12 P. M.
Alfred P. Tropeano moved to further amend Article 55:
MOTION: That the Conservation Committee shall on or
within 30 days after adoption of this article recommend
to the Board of Selectmen that the land be taken by
eminent domain and that the Board of Selectmen shall on
or within 30 days after receipt of said recommendation
so take the land.
9:13 P. M.
Mr. Tropeano stated that the purpose of his amendment
is so that the land would not be hung up for a year or
so thus preventing the Porter family from instigating
court proceedings until that time.
9:13 P. M.
Howard M. Kessler stated that the Conservation Commission
would act in haste but Federal and State reimbursements
take time, therefore he opposed Mr. Tropeano's motion.
9:14 P. M.
Mr. Tropeano stated that, as he represented the Porter
family, he would not vote on his amendment or the main
motion. 9:19 P. M.
Haskell W. Reed moved the previous question which was
declared carried by voice vote. 9:22 P. M.
Motion to amend, as offered by Mr. Tropeano, declared
lost by voice vote. 9:22 P. M.
Main motion, as amended, now reads:
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 92A
,4
Article 55. on Assessors' Property Map 54, now or formerly of John
(Cont.) W. Porter, and Lot 106 on Assessors' Property Map 54,
now or formerly of Waymint Realty Trust; that the sum
of $95,000.00 be appropriated for such land acquisition,
and that to raise such amount $5,000.00 be raised in
the current tax levy and the treasurer with the approval
of the selectmen be authorized to borrow $90,000.00
under G.L. c.44, s.7(3) .
Voice vote on main motion, as amended, doubted, so a
standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 11 Patricia K. Hagedorn 4
2 17 Michael J. O'Sullivan 0
3 15 Shirley A. Byrne 0
4 18 Joseph 0. Rooney 0
5 12 Arthur E. Burrell 3
6 16 Joan P. Crothers 0
7 18 Jacquelyn H. Ward 2
8 11 Mary E. Shunney 9
9 14 Stephen Michael Politi 1
At large 23 Howard L. Levingston 1
155 20
Main motion, as presented by Howard M. Kessler, and
amended by Mr. Furash, adopted. 9:25 P. M.
Edward E. Furash moved that Article 95 be taken up out of order.
Carried by voice vote. 9:25 P. M.
Article 95. Presented by Edward E. Furash.
MOTION: That the sum of $800,000.00 be appropriated to
reduce the tax rate for the current fiscal year, and
that such amount be transferred from the Excess and
Deficiency Account.
Carried Unanimously 9:27 P. M.
Article 90. Presented by Patricia K. Hagedorn.
MOTION: I move that the Lexington Zoning Map be revised
by adopting a new Zoning District Map, No. RM-5 showing
land as RM, Garden Apartment Districts; that the Lexington
Zoning Bylaw be amended by designating as an RM-Multi-
family dwelling district a parcel of land bounded and
described as follows:
SOUTHWESTERLY BY Wood Street, 202.43 feet;
NORTHWESTERLY by a stone wall running through Lot E as
shown on Land Court Plan No. 6686B, about
375 feet;
SOUTHWESTERLY by the remaining portion of said Lot E,
about 590 feet;
NORTHWESTERLY by Hartwell Avenue as laid out by taking.
by the Commonwealth of Massachusetts by
Document No. 339983, about 664 feet;
NORTHWESTERLY by land shown on said plan as of Ernest H.
Holton, about 111 feet;
NORTHEASTERLY by the same, about 246 feet;
SOUTHEASTERLY by land shown on said plan as of Hugh J.
Maguire, about 300 feet;
EASTERLY by the same, about 113 feet;
NORTHWESTERLY by the same, about 265 feet;
NORTHEASTERLY by the same, about 175 feet;
NORTHWESTERLY again by the same, by a line through the
middle of a cartway as shown on said plan,
about 665 feet;
EASTERLY by the westerly sideline of the easement
granted by Francis H. Maguire to Boston
Edison Company by instrument dated May 3,
1947, registered as Document No. 212691,
about 1,380 feet;
it
Article 90. SOUTHEASTERLY by Lot F as shown on said plan, about 400
feet;
(Cont.) SOUTHWESTERLY by the same, 458.73 feet; and
SOUTHERLY by the same, 233.68 feet;
that the Lexington Zoning Bylaw be further amended by
adding in Section 22 at the end of subsection 22.4 thereof
a new paragraph reading as follows:
22.47 a district on the southeasterly side of Hartwell
Avenue and the Northeasterly side of Wood Street as
shown on the Zoning District Map No. RM-5 entitled
"RM Garden Apartment Districts," designated thereon
22.47.
9:32 P. M.
Edward E. Furash questioned the prescence of a quorum
as so many of the members had gone out into the corridor
and he therefore moved for a five minute recess.
9:32 P. M.
The Moderator again called the meeting to order at
9:45 P. M.
Patricia K. Hagedorn and James E. Cosgrove gave written
notice that they would abstain from voting on Article 90.
Mrs. Hagedorn stated that there would be 176 individually
owned condiminiums and 92%, or five acres, would be open.
There would be 7.3 units per acre.
10:03 P. M.
Wayne Barber showed slides and movies and spoke of the
traffic in the area. 10:17 P. M.
Grant Ferguson of the Wood Street Neighborhood Association
spoke from the balcony in opposition.
10:22 P. M.
Lois W. Brown filed the Report of the Planning Board
covering Article 90 and stated that a majority of the
board was in favor of this article.
10:27 P. M.
After general discussion, James M. McLaughlin moved
the previous question which was declared carried by
voice vote. 10:40 P. M.
Alfred P. Tropeano stated, that as he represented the
Cosgrove family he would abstain from voting on this
article. 10:40 P. M.
Voice vote on the main motion was not unanimous so a
standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 14 Anita M. Bonasera 3
2 8 Michael J. O'Sullivan 10
3 3 Shirley A. Byrne 12
4 6 Joseph 0. Rooney 11
5 4 Arthur E. Burrell 11
6 8 Joan P. Crothers 7
7 1 Jacquelyn H. Ward 19
8 6 Mary E. Shunney 13
9 3 Stephen Michael Politi 12
At large 5 Howard L. Levingston 18
58 116
Motion, as presented by Mrs. Hagedorn, lost. 10:43 P. M.
436
Daniel E. Power moved that Article 92 be taken up out of order.
Carried by voice vote. 10:45 P. M.
Article 92. Presented by Daniel E. Power.
MOTION: That the Zoning By-Law be amended by changing
(Article the zoning of the land bounded and described below from
reconsid- RS - One family dwelling district to RH - Subsidized
ered - Housing District, by revising the Zoning Map and by
See adopting a new Zoning Map No. RH-1 showing said land
Page described below as RH - Subsidized Housing District:
442.)
A district on the Southerly side of Worthen Road
bounded and described as follows:
Beginning at the Northwesterly corner, said point
being 71.17 feet more or less Northeasterly from a
stone bound on the Southerly line of Worthen Road;
thence running Northeasterly by Worthen Road 345.00
feet more or less to the Northeasterly corner; thence
turning at right angles and running Southeasterly
222.49 feet more or less to a point; thence turning
at right angles and running Southwesterly 125.72
feet more or less to a point; thence turning an
interior angle of 233 degrees 11 minutes 5 seconds and
running 82.50 feet more or less to a point, said
course being 15 feet Northwesterly from and parallel
to the Northwesterly end of the existing school
building; thence turning at right angles and running
Southeasterly 20.00 feet more or less to a point;
thence turning at right angles and running Southwesterly
80.00 feet more or less to a point; thence turning at
right angles and running Northwesterly 66.02 feet
more or less to a point; thence turning an interior
angle of 197 degrees 49 minutes 29 seconds and running
86.20 feet more or less to the Southwesterly corner,
the seven last described courses being bounded by land
now or formerly of the Roman Catholic Archbishop of
Boston; thence turning at right angles and running
325.00 feet more or less by land now or formerly of
the Lexington Home for Aged People to the point of
beginning on said Worthen Road, said parcel containing
97,881 square feet more or less.
10:47 P. M.
Msgr. John Kielty, Pastor of St. Brigid's Church,
spoke of the need of such housing.
10:53 P. M.
James Burlage, architect, stated that there would be
16 housing units and showed slides and explained the
project. He stated that a conservation easement would
be given to the town. 11:02 P. M.
Father Michael Groden spoke regarding the income
limits, monthly payments, financing etc. 11:12 P. M.
Selectman, Alfred S. Busa, spoke in opposition.
11:19 P. M.
Lois W. Brown filed the Report of the Planning Board
and stated that a majority of the Planning Board
favored passage of this article.
11:23 P. M.
Wiltrud R. Mott-Smith stated that the Follen Church
Society endorsed this article.
11:26 P. M.
Richard K. Eaton stated that Lexington Committee on
Suburban Responsibility were in favor.
11:30 P. M.
437
Article 92. Richard H. Battin spoke for Gordon MacDonald of
(Cont.) the Grace Chapel and Renee T. Cochin spoke for the
League of Women Voters - both favored the article.
11:52 P. M.
James M. McLaughlin and Joseph 0. Rooney and Mary E.
Shunney, all parishoners of St. Brigid's, spoke in
opposition. 12:01 A. M.
Allan F. Kenney stated that a majority of the Board of
Selectmen favored this article.
William E. Maloney, Jr. moved the previous question
which was declared carried by voice vote.
12:02 A. M.
William T. Spencer moved for a roll call vote which was
declared lost by voice vote. 12:05 A. M.
Standing vote on main motion taken as follows:
Precinct In Favor Tellers Opposed
1 8 Patricia K. Hagedorn 10
2 9 Michael J. O'Sullivan 8
3 13 Shirley A. Byrne 4
4 14 Joseph O. Rooney 4
5 6 Arthur E. Burrell 5
6 14 Joan P. Crothers 1
7 17 Jacquelyn H. Ward 2
8 6 Mary E. Shunney 14
9 11 Stephen Michael Politi 5
At large 16Howard L. Levingston 8
114 61
Less than the required two-thirds having voted in
favor, the motion, as presented by Mr. Power, does not
prevail. 12:07 A. M.
Louis E. Conrad serves notice of reconsideration of Article 92.
12:07 A. M.
Allan F. Kenney moved that the meeting be adjourned to Thursday,
April 12, 1973 at 8 P. M. 12:08 A. M.
William F. Spencer moved to amend the motion to adjourn to
Friday, April 13, 1973 at 8 P. M. 12:08 A. M.
John Deutch moved the previous question which was declared
carried by voice vote. 12:10 A. M.
Motion to amend, as presented by Mr. Spencer, declared lost by
voice vote. 12:10 A. M.
Motion, as presented by Mr. Kenney, declared lost by voice vote
which was doubted, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 12 Patricia K. Hagedorn 6
2 5 Michael J. O'Sullivan 11
3 4 Shirley A. Byrne 13
4 12 Joseph O. Rooney 6
5 3 Arthur E. Burrell 12
6 5 Joan P. Crothers 10
7 6 Jacquelyn H. Ward 11
8 9 Mary E. Shunney 6
9 6 Stephen Michael Politi 10
At large 6Howard L. Levingston 19
68 104
Motion to adjourn is not adopted. 12:13 A. M.
, -
438
Elizabeth H. Clarke moved reconsideration on Article 87.
12:15 A. M.
Martin Sussman moved the previous question which was declared
carried by voice vote. 12:17 A. M.
Motion to reconsider Article 87 declared lost by voice vote.
12:17 A. M.
Francis W. K. Smith moved for reconsideration of Article 59.
12:17 A. M.
Haskell W. Reed moved the previous question which was declared
carried by voice vote. 12:21 A. M.
Motion to reconsider Article 59 declared lost by voice vote.
12:21 A. M.
Richard A. Michelson moved that meeting be adjourned to Thursday,
April 12, 1973 at 8 P. M. in Cary Memorial Hall.
12:21 A. M.
Motion to adjourn to Thursday, April 12, 1973 at 8 P. M. in Cary
Memorial Hall carried by voice vote.
12:22 A. M.
A true copy.
Attest:
4
Mary R. McDonough, Town Clerk
,39
ADJOURNED TOWN MEETING HELD APRIL 12, 1973
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. ,
at 8:08 P. M. in Cary Memorial Hall.
There were 182 Town Meeting Members present.
Invocation offered by Rev. Harold T. Handley of the Church of Our
Redeemer. 8:10 P. M.
Article 91. Presented by Donald J. Shaw.
MOTION: That the zoning By-Law be amended as follows:
By changing the land as bounded and described in Article
91 of the Lexington Town Warrant of 1973 from RS -
one family dwelling district to CS service and trade
district and that the zoning map be revised to show said
land as CS service and trade district.
8:12 P. M.
William Hartery, owner of the property, was recognized
and gave his presentation of the article and discussed
the Report of the Planning Board.
8:27 P. M.
Lois W. Brown filed the Report of the Planning Board
and stated that the board unanimously recommends against
this rezoning proposal.
8:32 P. M.
Motion declared lost by voice vote, which was doubted,
so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 4 Patricia K. Hagedorn 11
2 0 Michael J. O'Sullivan 16
3 1 Shirley A. Byrne 16
4 1 Joseph 0. Rooney 16
5 3 Arthur E. Burrell 12
6 1 John T. Harvell 15
7 0 Jacquelyn H. Ward 18
8 2 Mary E. Shunney 14
9 1 Stephen Michael Politi 12
At large 1 Arthur T. Bernier 12
14 142
Motion, as presented by Mr. Shaw, lost. 8:34 P. M.
Article 93. Presented by Frank H. Totman, Jr.
(Approved MOTION: To amend the Zoning By-Law
by
Attorney A. By changing the land bounded and described as
General, set forth in Article 93 of the Warrant for the 1973
Robert H. Annual Town Meeting from HO-One family dwelling district
Quinn, to RM-Multi Family (garden apartment) dwelling district, .
June 28, by revising the Zoning Map and by adopting a new Zoning
1973.) District Map No. RM-5 showing land as RM Garden Apart-
ment District.
B. , By adding in Section 22 at the end of subsection
22.4 thereof a new paragraph reading as follows:
22.47 A district off Concord Avenue and northerly
of said Concord Avenue as shown on the Zoning District
Map No. RM-5 entitled RM Garden Apartment Districts,
designated thereon 22.47.
8 :36 P. M.
440
Article 93. William R. Whalon makes the presentation for Mr. Haroian.
(Cont.) He stated that is last year's presentation only improved.
There will be 86 units instead of 96; 20 for sale as
condiminiums; 16 units are to be given to the Lexington
Housing Authority for sale or for rental; the remaining
units are for rental.
8:58 P. M.
Lois W. Brown filed the Report of the Planning Board
and stated that the board unanimously favors passage of
this article. 9:20 P. M.
J. S. Nason Whitney moved the previous question which
was declared lost by voice vote.
9:20 P. M.
Joseph A. Campbell moved the previous question which
was declared carried by voice vote.
9:39 P. M.
Standing vote on main motion as follows:
Precinct In Favor Tellers Opposed
1 18 Patricia K. Hagedorn 0
2 11 Michael J. O'Sullivan 5
3 7 Shirley A. Byrne 9
4 15 Joseph 0. Rooney 1
5 10 Arthur E. Burrell 5
6 14 John T. Harvell 4
7 8 Jacquelyn H. Ward 11
8 18 Mary E. Shunney 1
9 11 Stephen Michael Politi 4
At large 20 Arthur T. Bernier 4
132 44
More than the required two-thirds having voted in favor,
the motion, as offered by Mr. Totman, is adopted.
9:44 P. M.
Motion as adopted, reads as follows:
MOTION: To amend the Zoning By-Law
A. By changing the land bounded and described below
from RO-One family dwelling district to RM-Multi Family
(garden apartment) dwelling district, by revising the
Zoning Map and by adopting a new Zoning District Map
No. RM-5 showing land as RM Garden Apartment District:
A district off Concord Avenue and northerly of said
Concord Avenue, bounded and described as follows:
Commencing at a point in the Northeasterly line of
Concord Avenue at land of Foster, at the end of a face
wall and one hundred fifty-eight and 73/100 (158.73)
feet, Southeasterly from the County Commissioners stone
bound; thence running North 30 degrees 34' 30" East,
one hundred thirty-two and 15/100 (132.15) feet by said
land of Foster to a drill hole in the base of a set
wall; thence turning and running North, 43 degrees,
48' West, along said land of Foster, seventy-nine and
9/10 (79.9) feet to a drill hole) thence running North,
30 degrees, 6" West by said land of Foster thirty-one
and 9/10 (31.9) feet to a drill hole at a corner;
thence turning and running North, 37 degrees, 23' East,
along land of said Foster seventy-three and 9/10 (73.9)
feet to a point; thence running North 17 degrees, 23'
East, by said land of Foster seventeen and 2/10 (17.2)
feet to another point; thence running North 43 degrees,
10' East along said land of Foster, three hundred
ninety-six and 8/10 (396.8) feet to a point in the stone
wall; thence continuing by said land of Foster North 42
degrees 9' East, one hundred seventy-seven and 3/10.
441
Article 93. (177.3) feet to a corner in a stone wall at land of
(Cont.) Bedell; thence turning and running South 50 degrees,
20' , 30" East by land of Bedell, two hundred ninety-
eight and 95/100(298.95) feet to a cross wall; thence
running South 56 degrees East, by said land of Bedell,
two hundred sixty-four and 6/10 (264.6) feet to a
corner; thence turning and running South, 40 degrees,
58' West by land of Condon, thirty-three and 5/10 (33.5)
feet to a cross wall; thence running South 58 degrees,
16' , 20" West by said land formerly of Condon and by
land of Fuller, five hundred ninety and 9/10 (590.9)
feet to a point in said wall; thence running South, 57
degrees, 28' , 30" West by land of Staples, one hundred
five and 9/10 (105.9) feet to a point in said wall;
thence running South 55 degrees, 38' West, by land
of said Staples, ninety-nine (99) feet to a bend in
said wall; thence turning slightly and running South,
36 degrees, 40' West, by said land of Staples five and
8/10 (5.8) feet to Concord Avenue; thence turning and
running North 61 degrees, 57' , 30" West, by said Concord
Avenue, one hundred thirty-six and 10/100 (136.10)
feet to a point in the North-Easterly line of said
Concord Avenue; thence running North 63 degrees, 30'
West by said Concord Avenue, seventy-four and 50/100
(74.50) feet to the point of beginning.
The above land is shown on "Plan of Land in Lexington,
owned by S. Louise Foster, May 1916", Henry F. .Beale,
C.E. , and recorded with Middlesex South District Registry
of Deeds. Said land is also shown as Lot 32 on Assessors.
Property Map #10 of the Town of Lexington and contains
a land area of approximately 7.921 acres.
The land belongs to Nishan Haroian and Elizabeth D.
Haroian, husband and wife, as tenants by the entirety,
both of Lexington, Massachusetts.
B. By adding in Section 22 at the end of subsection
22.4 thereof a new paragraph reading as follows:
22.47 A district off Concord Avenue and northerly of
said Concord Avenue as shown on the Zoning District Map
No. RM-5 entitled RM Garden Apartment Districts,
designated thereon 22.47.
(Adopted. In Favor: 132 Opposed; 44 9:44 P. M.)
Louis E. Conrad moved for reconsideration of Article 92.
9:44 P. M.
James M. McLaughlin moved the previous question which was
declared carried by voice vote. 9:56 P. M.
Motion to reconsider Article 92 was declared carried by voice
vote, which was doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 7 Patricia K. Hagedorn 11
2 9 Michael J. O'Sullivan 7
3 13 Shirley A. Byrne 4
4 9 Joseph 0. Rooney 6
5 7 Arthur E. Burrell 6
6 14 John T. Harvell 2
7 14 Jacquelyn H. Ward 4
8 6 Mary E. Shunney 13
9 10 Stephen Michael Politi 6
At large 11 Arthur T. Bernier 8
100 67
Motion to reconsider ARticle 92 adopted. 9:58 P. M.
44
Article 92. After general discussion, Erik Lund moved for a roll call
(Cont.) vote which was declared carried by voice vote.
10:07 P. M.
Haskell W. Reed moved the previous question which was declared
carried by voice vote. 10:09 P. M.
The roll call vote on Article 92 was taken by the Town Clerk,
assisted by Assistant Town Clerk, Norma B. Jervis, starting
at 10:21 P. M. and completed at 10:34 P. M.
The Moderator declared a recess so that the votes could be
counted. 10:34 P. M.
The meeting was again called to order by the Moderator at
10:45 P. M.
Results of the roll call vote:
In Favor: 110
Opposed: 64
Abstained: 7
Absent 19
Total: 200
Less than the required two-thirds having voted in favor,
the motion as offered by Daniel E. Power under Article 92
is not adopted. 10:45 P. M.
Article 94. Presented by Ephraim Weiss.
MOTION-: That this article be indefinitely postponed.
Carried by voice vote. 10:47 P. M.
Allan F. Kenney moved that the meeting be dissolved.
Carried Unanimously. 10:47 P. M.
A true record.
Attest:
iejtat -h4-1,14vie
Mary R. McDonough, Town Clerk
443
Vernon C. Page, Town Meeting. Member from Precinct Two, died
on September 25, 1973.
Thomas G. Taylor, 64 Marrett Road, was next in line at the
March 5, 1973 Annual'Town Election but refused, at this time, to
accept the position of Town Meeting member from Precinct Two to
fill the vacancy caused by Mr. Page's death.
Allan Green, 17 Moon Hill Road, next in line at the March 5,
1973 Annual Town Election, accepted the position of Town Meeting
Member from Precinct Two on October 17, 1973 to fill the vacancy
caused by the death of Mr. Page. Term expires in March 1974.
M. Chandler Crocker, II, 138 Reed Street, Town Meeting Member
from Precinct Eight, died on July 1, 1973 in a plane crash but his
body was not found until October 1973.
Paul G. Yewell, 6 Leeland Terrace, next in line at the March 5,
1973 Annual Town Election, accepted.theipotition of Town Meeting
Member from Precinct Eight-On November 9, 1973 to fill the vacancy
caused by the death of Mr. Crocker. Term expires in March 1974.