HomeMy WebLinkAbout1971-03-01- to 1971-04-05 ATM-min ANNUAL. TOWN.. MEETING_HELD MARCH 15, 1971
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at 8 :01 P. M. at the Cary Memorial Hall.
There were 198 Town Meeting Members present.
The invocation was offered by Rev. Henry H. Clark, Pastor of the
Hancock United Church of Christ. 8 :03 P. M.
Mary R. McDonough, Town Clerk, read the warrant for the meeting
until further reading was waived. 8 :04 P. M.
The Town Clerk read the Constable' s Return of the warrant.
8 :04 P. M.
Article 2. Edward E. Furash moves that the Report of the Appro-
priation Committee be accepted and placed on file.
8 :05 P. M.
Mr. Furash, Chairman of the Appropriation Committee,
states that if the recommendations of his committee are
followed, the estimated tax rate would be $64 .00.
The motion, as presented by Mr. Furash, to accept the
Report of the Appropriation was carried unanimously.
8 :08 P. M.
Carl Blake moves that the Report of the Capital Expendi-
ture Committee and the Supplemental Report of said
committee be accepted and placed on file.
Carried Unanimously 8 :08 P. M.
Vernon C. Page moves that the Final Report of the
Lexington Vocational Technical Regional School District
Planning Committee 'be accepted and placed on file.
Carried Unanimously 8 :08 P. M.
Robert Cataldo moves that the report of the Town Manager,
Walter C. O'Connell, covering the status of previous Town
Meeting Articles be accepted and placed on file.
Carried Unanimously 8 :08 P. M.
William R. Whalon moves that the Report of Regional
Refuse Disposal Planning Committee be accepted and
placed on file.
Carried Unanimously 8 :10 P. M.
Article 3. Presented by Robert Cataldo.
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 :10 P. M.
Article 4. Presented by Robert Cataldo.
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.
Selectmen' s Department
#1000 Personal Services $ 31,091.00
1050 Expenses 7 ,075.00
8 :13 P. M.
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5
Article 4. Town Manager's Office
(Cont. )
#1060 Personal Services 32,025.00
1065 Expenses 2,250.00
8 :13 P. M.
Town Manager' s Jurisdiction
1075 Clerical Labor Pool 15,000.00
1125 Fire & Police Medical 500.00
1130 Guides Director 1,000.00
1135 Out-of-State Travel 3 ,500.00
1140 Training & Travel - Out-of-State 1,575.00
1142 In-State Travel 3,800.00
8 :13 P. M.
Selectmen' s Jurisdiction
1145 Community Services 50.00
1146 Juvenile Services 10,700.00
8 :13 P. M.
Town Clerk' s Department
1150 Personal Services 32,371.00
1200 Expenses 879.00
1250 Vital Statistics 550.00
8 :24 P. M.
Trustees of Public Trusts
1450 Expenses 500.00
8 :24 P. M.
Board of Appeals
1500 Personal Services 6 ,316.00
1550 Expenses 1,700.00
8 :25 P. M.
Planning Board
1600 Personal Services 25,287.00
1650 Expenses 4,120.00
8 :25 P. M.
Insurance
1700 Group 145,000.00
1750 Municipal Property & Workmen's Comp. 126 ,000.00
8 :25 P. M.
Printing Town Report
1760 Expenses 6 ,150.00
8 :25 P. M.
Law Department
1775 Fees 33 ,000.00
1800 Expenses 5,000.00
8 :25 P. M.
Elections
1900 Jurisdiction Selectmen 12,600.00
1950 Jurisdiction Town Clerk 3 ,575.00
8 :25 P. M.
Board of Registrars
2000 Personal Services 5,597 .00
2050 Expenses 4 ,975.00
8 :26 P. M.
246
Article 4 . Appropriation Committee
(Cont. )
#2250 Expenses 3 ,500.00
8 :26 P. M.
Capital Expenditures Committee
2300 Expenses 150.00
8 :26 P. M.
Standing School Building Committee
2350 Expenses 200.00
8 :26 P. M.
Permanent Building Committee
2360 Expenses 500.00
8 :26 P. M.
Town Celebrations Committee
2400 Expenses 5 ,900.00
8 :27 P. M.
Historic Districts Commission
2450 Expenses 1,600.00
8 :27 P. M.
Conservation Commission
2460 Expenses 1,250.00
8 :27 P. M.
Recreation Committee
2470 Personal Services 50,380.00
2480 Expenses 12,580.00
8 :32 P. M.
Treasurer' s Department
2500 Personal Services 15 ,732.00
2525 Expenses 680.00
2575 Foreclosure & Redemption 1,500.00
8 :33 P. M.
Collector' s Department
2650 Personal Services 23 ,385.00
2700 Expenses 2,254 .00
8 :35 P. M.
Comptroller
2800 Personal Services 60,807 .00
2850 Expenses 2,690,00
8 :35 P. M.
Comptroller's Jurisdiction
2925 Office Machines - Capital Outlay 9 ,060.00
2930 Office Machines - Maint. & Repair 5,316.00
2935 Office Services - Copier Supplies 2,000.00
2940 Metered Mail 7 ,300.00
8 :36 P. M.
Assessors' Department
2950 Personal Services 42,221.00
3000 Expenses 1,785.00
3025 Professional Services 500.00
8 :36 P. M.
247
Article 4. Health Department
(Cont. )
#3250 Personal Services $ 25,532 .00
3300 Expenses 11,390.00
3385 Engineering 500.00
3400 Animal Inspection 1,520. 00
3450 Rabies Clinic 1,000. 00
8 :36 P. M.
Health Jurisdiction - Dog Officer
3500 Personal Services 8 ,225 .00
3550 Expenses 2,730.00
8 :37 P. M.
Police Department
3750 Personal Services 658 ,958.00
(Of which $6,000.00 is to be transferred
from the Parking Meter Fund)
3800 Expenses 72,445. 00
3900 Parking Meter Maintenance 3,000. 00
(Of which $3,000.00 is to be transferred
from the Parking Meter Fund)
8 :42 P. M.
Fire Department
4100 Personal Services 609,224 . 00
James Cataldo moved to amend Account #4100 as follows :
MOTION: To strike the figure $609 ,224 .00 in Account No.
4100, and to substitute the figure $664 ,739.00.
8 :53 P. M.
James E. Brown moves the previous question which was
declared carried by voice vote. 9 :10 P. M.
The motion to amend Account No. 4100, as presented by
James Cataldo, declared lost by voice vote. 9 :11 P. M.
Fire Department (Cont. )
4150 Expenses 41,350.00
4200 Ambulance Maintenance 1,250.00
4250 Forest Fires 100.00
9 :11 P. M.
Civil Defense
4300 Personal Services 5,000.00
4350 Expenses 5 ,728 .00
4360 Civil Defense - Auxiliary Fire 500.00
9 :12 P. M.
Inspection Department
4450 Personal Services 38 ,267 .00
4500 Expenses 1,470.00
9 :12 P. M.
Public Works Department
4900 Personal Services 685,048 .00
9 :12 P. M.
Public Works - Sup'ts. Office
4950 Personal Services 71,324 .00
5000 Expenses 4 ,000.00
9 :12 P. M.
249
Article 4. Shade Tree
(Cont. )
6100 Expenses 9,400.00
9 :17 P. M.
Dutch Elm Disease
6150 Expenses 2,000.00
9:17 P. M.
Cemeteries
6350 Personal Services 61,977 .00
(Of which $12,000.00 is to be transferred
from the Westview Perpetual Care Fund and
$10,400. 00 to be transferred from the
Westview Sale of Lots Fund.)
6400 Expenses 6 ,031.00
(Of which $1,500.00 is to be transferred
from the Westview Sale of Lots Fund.)
9 :21 P. M.
Veterans' Benefits
7100 Personal Services 6 ,203 .00
7150 Administration 875.00
7200 Aid & Expenses 55,000.00
9 :22 P. M.
Graves Registration
7250 Expenses 350.00
9 :22 P. M.
Soldiers Burials
7300 Expenses 250.00
9 :22 P. M.
Cary Memorial Library
7500 Personal Services * 226 ,982.00
7550 Expenses ** 71,022.00
* $6,922.75 is also available as State
Aid to Libraries.
** To which will be added $2,476 .74
received from the County-Dog License Fees.
9 :23 P. M.
Board of Retirement
7800 Accrued & Normal Liability 180,649.00
7850 Expenses 2,190.00
9:23 P. M.
School Operation
7900 Personal Services * 9,127 ,612.00
7925 Expenses 1,276 ,831 .00
7950 Out-of-State Travel 12,300.00
7960 Vocational Education, Tuition & Trans. 12 ,120.00
7970 Athletics 102,490.00
* To which the sum of $462,327.00 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 :24 P. M.
250
Article 4 . Edward E. Furash states that the Appropriation Committee
(Cont. ) is in favor of the School Budget as presented.
9 :27 P. M.
Patricia K. Hagedorn moves that further discussion of
the School Operation Budget and line items thereunder be
postponed until the next session of this Annual Town
Meeting. 10 P. M.
The Moderator stated that there would be a brief recess.
10 P. M.
The meeting was called to order by the Moderator at
10:02 P. M.
Edward E. Furash, Chairman of the Appropriation
Committee, does not favor passage of the motion as
presented by Mrs. Hagedorn. 10 :05 P. M.
The motion, as presented by Mrs. Hagedorn, declared lost
by voice vote. 10:25 P. M.
After general discussion, Wilbur E. Cheever moves that
further discussion of the school budget be dispensed with.
Carried Unanimously 10 :48 P. M.
DEBT Payment
8500 Interest on Debt $ 388 ,064 .00
8525 Interest on Anticipation Loans 100,000.00
8550 Maturing Debt 1,210,000.00
10:48 P. M.
Original motion under Article 4 , as presented by
Robert Cataldo, declared carried by voice vote.
10 :49 P. M.
Article 5. Presented by Robert Cataldo.
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
of the financial years beginning January 1, 1971 and
January 1, 1972, 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 to renew any
note or notes as may be given for a period of less than
one year, in accordance with the provisions of General
Laws, Chapter 44 , Section 17 .
Carried Unanimously 10:50 P. M.
Article 6. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 10:50 P. M.
Article 7. Presented by Robert Cataldo.
MOTION: To raise and appropriate the sum of $1 ,303 .80
to pay the unpaid bill for prior year of the following
account:
Health Department - Expenses - Account #3300
Commonwealth of Massachusetts
Division of Sanitoria and Tuberculosis Control -
$1,303.80
Carried Unanimously 10 :50 P. M.
c 1, r
Article 8 . Presented by Robert Cataldo.
MOTION: To appropriate $125 ,000.00 for the
Reserve Fund and to provide for the payment thereof
by transfer of $20,000.00 from the Reserve Fund -
Overlay Surplus and by transfer of $105,000.00 from
the Excess and Deficiency Account.
Carried Unanimously 10 :51 P. M.
Article 9. Presented by Robert Cataldo.
MOTION: That the Board of Selectmen be authorized
to petition the Director of Accounts of the State
for an audit for the year 1971.
Carried Unanimously 10 :51 P. M.
Article 10. Presented by Robert Cataldo.
MOTION: That the sum of $24 ,300.00 be raised and
appropriated for pensions for retired members of
the Police Department, and their dependents, and
that the sum of $15,600.00 be raised and
appropriated for pensions for retired members of
the Fire Department, and their dependents, under
Chapter 32 of the General Lays.
Carried unanimously 10:53 P. M.
Article 11. Presented by Robert Cataldo.
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. 10:53 P. M.
Paul J. MacKenzie serves notice of reconsideration on the
School Operation Budget and the line items thereunder.
10:54 P. M.
Charles E. Parks moves for reconsideration of Article 4 .
10 :54 P. M.
The Moderator stated that the question comes on re-
consideration of the School Operation Budget and line items
thereunder in Article 4 .
Mr. Parks was asked what he hoped to accomplish after so
much previous discussion and he stated that he knew what he
was doing and that there had been enough discussion and the
matter should be disposed of tonight.
10 :57 P. M.
John F. Downey moves that the meeting be adjourned to
Monday, March 22, 1971, at 8 P. M. 10 :57 P. M.
Robert Cataldo moves to amend the motion of Mr. Downey,
that the meeting be adjourned to Wednesday, March 17 , 1971,
at 8 P. M. 1058 P. M.
John J. Seitz asks that Mr. Parks withdraw his motion but
no action was taken. 10 :58 P. M.
Mr. Cataldo' s motion to adjourn to Wednesday was declared
lost by voice vote. 11 :01 P. M.
Standing vote on Mr. Downey' s motion to adjourn to Monday,
March 22, 1971 at 8 P. M. taken as follows :
In Favor Tellers Opposed
32 Russell B. Mason 18
28 Stephen T. Russian 17
15 William J. Scouler 23
37 Stillman P. Williams 24
112 82
Carried 11 :05 P. M.
Meeting declared adjourned to Monday, March 22, 1971 at 8 P. M.
73kut 41 kr0 , , /,
v , Town Clerk
252
ADJOURNED TOWN MEETING HELD MARCH 22, 1971
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. , at 8 :03 P. M. at the Cary Memorial Hall.
There were 192 Town Meeting Members present.
The invocation was offered by Monsignor Martin U. McCabe, Pastor
of the Sacred Heart Church. 8 :03 P. M.
The Moderator stated that he had appointed Erik L. Mollo-
Christensen as the member from Lexington on the Regional District
School Committee. 8 :03 P. M.
The Moderator stated that the meeting is now open on the motion
to reconsider Article 4 - School Operation and the line items
thereunder. 8 :06 P. M.
Charles E. Parks withdraws his motion to reconsider Article 4.
8 :07 P. M.
Article 12. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :07 P. M.
Article 13. Presented by Robert Cataldo.
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 1972 Annual Town Meeting.
Carried Unanimously 8 :07 P. M.
Article 14. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :07 P. M.
Article 15. Presented by' Robert Cataldo.
MOTION: That the sum of $8 ,000.00 be appropriated
for the development of Westview Cemetery and that said sum
be provided by transfer from the Westview Cemetery Sale
of Lots Fund.
Carried Unanimously 8 :08 P. M.
Article 16. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :08 P. M.
Article 17. Presented by Robert Cataldo.
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, in-
cluding 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 other-
wise, and to take by eminent domain, purchase or other-
wise acquire any fee, easement or other interest in
land necessary therefor; and to appropriate the sum of
$41,000. 00 for such installation and land acquisition,
and to provide for the payment thereof by transfer
from the Excess and Deficiency Account.
Carried by voice vote. 8 :11 P. M.
c 41
Article 18. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized to install water mains not less than six
inches but less than sixteen inches in diameter in
such accepted or unaccepted streets 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
for such installation and land acquisition the sum of
$25,000. 00 and to provide for the payment thereof by
transfer from the Excess and Deficiency Account.
Carried Unanimously 8 :12 P. M.
Edward E. Furash serves notice of reconsideration of Article 18 .
8 :12 P. M.
Article 19. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized to construct concrete, bituminous concrete
or other sidewalks, at such locations as they shall
determine, where the abutting owner pays one half of
the cost, or otherwise; and to raise and appropriate
therefor the sum of $25,000.00.
8 :13 P. M.
Edward E. Furash, Chairman of the Appropriation
Committee, states that his committee recommends that
this motion be voted down. 8 :28 P. M.
The motion, as presented by Mr. Cataldo, declared lost
by voice vote. 8 :35 P. M.
Article 20. Presented by Robert Cataldo.
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 all acts in amendment thereof and in
addition thereto, or otherwise, and to take by
eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor;
and to appropriate for such installation and land
acquisition the sum of $350,000.00 and to provide for
payment thereof by transfer from the Excess and
Deficiency Account.
8 :36 P. M.
Robert V. Whitman moves to amend Article 20 by striking
the sum of $350,000.00 and to insert in the place
thereof the sum of $290,000.00.
8 :38 P. M.
Edward E. Furash stated that the Appropriation Committee
is in favor of the main motion. 8 :44 P. M.
The motion to amend, as presented by Mr. Whitman,
declared lost by voice vote. 8 :45 P. M.
The main motion, as presented by Robert Cataldo,
declared carried by voice vote. 8 :45 P. M.
Article 21. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :45 P. M.
254
Article 22. Presented by Robert Cataldo.
MOTION: That the sum of $6,000.00 be appropriated for
Chapter 90 highway maintenance, and to provide for
payment thereof by transfer from the Excess and
Deficiency Account.
Carried Unanimously 8 :46 P. M.
Article 23. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :46 P. M.
Article 24 . Presented by Robert Cataldo.
MOTION: To appropriate the sum of $60,000.00 for the
purchase by or with the approval of the Selectmen of
equipment for the Department of Public Works, and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
8 :47 P. M.
Frank T. Samuel moves to amend the motion by striking
the figure $60,000.00 and substituting therefor the
figure $53,400. 00 by deleting the three two-way radios
and the truck for the dog officer.
8 :53 P. M.
Lloyd S. Beckett, Jr. serves notice of reconsideration of Article
20. 8 :56 P. M.
Article 24. After general discussion, Haskell W. Reed moves the
(Cont. ) previous question which was declared carried by voice
vote. 9:02 P. M.
The motion to amend, as presented by Frank T. Samuel,
declared lost by voice vote.
9 :02 P. M.
The main motion, as presented by Robert Cataldo,
declared carried by voice vote.
9 :02 P. M.
Article 25. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized to retain engineering services and prepare plans
and specifications for the design, construction or
reconstruction of streets the laying out, alteration,
relocation, widening or reconstruction of which the
Selectmen may desire to consider; and to raise and
appropriate therefor the sum of $25,000.00.
9:03 P. M.
Jacqueline B. Davison moves to postpone action on
Article 25 until 10 P. M. which was declared carried
by voice vote. 9 :03 P. M.
Article 26. Presented by Robert Cataldo.
MOTION: That the sum of $10,000.00 be raised and
appropriated for the improvement of lowlands and swamps
and the eradication of mosquitoes under Section 4A
of Chapter 252 of the General Laws.
9:04 P. M.
Mr. Armstrong of the Mosquito Control Project explained
the mosquito control as it is carried on in Lexington.
9 :12 P. M.
Standing vote on main motion as follows :
In Favor Tellers Opposed
34 Leslie H. York 11
48 Joseph A. Trani 13
17 J. S. Nason Whitney 25
21 William J. Scouler 18
120 67
Motion declared adopted. 9 :17 P. M.
c1i
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Article 27. Presented by Robert Cataldo.
MOTION: That the sum of $17 ,870.00 be raised and
appropriated to be expended under the direction of the
Board of Health for providing cooperative and comple-
mentary facilities to the out-patient clinic of the
Mystic Valley Children' s Clinic established in accordance
with the provisions of Chapter 19 of the General Laws
in cooperation with the Massachusetts Department of
Mental Health, and for providing payment for services
rendered or to be rendered by such Clinic.
8 :17 P. M.
Dr. Charles Ellicott of the Board of Health explained
the need for the additional money. 9 :20 P. M.
Robert M. Gary moves to amend the motion by striking out
the figure $17 ,870.00 and substituting therefor the
figure $8 ,789.00. 9 :25 P. M.
Edward E. Furash stated that at the meeting of the
Appropriation Committee held this evening they voted
to approve the figure of $17 ,870. 00. 9 :30 P. M.
John J. Maguire stated that the School Committee
unanimously supports this appropriation of $17 ,870.00.
9 :32 P. M.
After general discussion, James M. McLaughlin moved
the previous question which was declared carried by
voice vote. 9 :46 P. M.
The motion to amend, as offered by Robert M. Gary,
declared lost by voice vote. 9 :46 P. M.
The main motion, as presented by Mr. Cataldo, declared
carried unanimously. 9 :46 P. M.
Article 28. Presented by Robert Cataldo.
MOTION: To appropriate the sum of $6 ,922.75 received
in 1971 as State Aid to public libraries to be used
by the Trustees of Cary Memorial Library in improving
and extending library services in Lexington.
Carried Unanimously 9 :47 P. M.
Article 29. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized to retain engineering services to prepare
plans for sewer mains in such accepted or unaccepted
streets or other land as the Selectmen may determine;
and to appropriate therefor the sum of $5 ,000.00 and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
Carried Unanimously 9 :48 P. M.
Article 30. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :48 P. M.
Robert Cataldo moves that Article 33 be taken up out of order
and taken up at this time.
Carried Unanimously 9 :48 P. M.
256
Article 33. Presented by Robert Cataldo.
MOTION: To establish as a town way and accept the layout
of as a town way Worthen Road from Marrett Road a
distance of 1470 feet, more or less, northwesterly to
Sherburne Road, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk,
dated January 18, 1971, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor; and to raise
and appropriate the sum of $1,000.00 for the con-
struction of said street and for land acquisition.
9:50 P. M.
Erik Lune stated that the Planning Board unanimously
recommends passage of this article and submits the
Report of the Planning Board covering Article 33.
9 :58 P. M.
Edward E. Furash, Chairman of the Appropriation
Committee, stated that the Appropriation Committee
recommends that Articles 31, 32 and 33 be voted down.
10:03 P. M.
Robert Cataldo, Chairman of the Board of Selectmen,
stated that his board unanimously recommends passage
of this article. 10:12 P. M.
After, general discussion, Joseph O. Rooney, moves the
previous question which was declared carried by voice
vote. 10:25 P. M.
Standing vote on main motion as follows:
In Favor Tellers Opposed
14 Leslie H. York 30
18 Joseph A. Trani 38
10 J. S. Mason Whitney 31
19 William J. Scouler 20
61 119
Motion, as presented by Mr. Cataldo, is not adopted.
10:30 P. M.
Article 25. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized to retain engineering services and prepare plans
and specifications for the design, construction or
reconstruction of streets the laying out, alteration,
relocation, widening or reconstruction of which the
Selectmen may desire to consider; and to raise and
appropriate therefor the sum of $25,000.00.
10:31 P. M.
Robert A. Bowyer shows slides and moves to amend the
motion by deleting the words which appear after
" . . . . .desire to consider, " and substitute in place
thereof the following:
"provided that it is hereby declared to be the sense of
the Town Meeting that public funds should not be
expended for the widening of the travelled way of
Spring Street between Marrett Road and Hayden Avenue to
a width greater than 22 feet. "
10:47 P. M.
The motion to amend, as offered by Mr. Bowyer, declared
lost by voice vote. 11 :13 P. M.
After general discussion, J. S. Mason Whitney moves the
previous question which was declared lost by voice vote.
11:28 P. M.
) r- u
401
Article 25. A motion to amend by Albert S. Richardson, Jr. is
(Cont. ) ruled out of order. 11 :28. P. M.
J. Keith Butters moves the previous question which was
declared carried by voice vote. 11 :31 P. M.
Main motion under Article 25, as presented by Mr. Cataldo,
declared lost by voice vote. 11 :31 P. M.
Article 31. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
11 :31 P. M.
Howard M. Kassler stated that the Conservation Commission
is confused. 11 :33 P. M.
Francis T. Worrell moves that the meeting be adjourned to
Monday, March 29, 1971 at 8 P. M. 11:33 P. M.
Robert Cataldo serves notice of reconsideration of Article 25.
11 :34 P. M.
Robert Cataldo moves to amend the motion as offered by Francis
T. Worrell that the meeting be adjourned to Wednesday, March 24 ,
1971 at 7 :30 P. M. which was declared carried by voice vote.
11:34 P. M.
Therefore, the meeting is adjourned to Wednesday, March 24, 1971
at 7 :30 P. M. in the Cary Memorial Hall.
11 :34 P. M.
/441 ))1t
-9e144-A
Mary R. McDonough, Town Clerk
Jules P. Sussman, 15 Holmes Road, resigned as a Town Meeting
Member in Precinct One as of March 23 , 1971.
Bernice O. Weiss, 462 Lowell Street, was moved up, and has
accepted Town Meeting Membership in Precinct One as of March 24 ,
1971, filling the vacancy caused by the resignation of Mr. Sussman.
Term expires on March 6 , 1972.
Alfred S. Busa, 38 Circle Road, resigned as a Town Meeting
Member in Precinct One as of March 24 , 1971.
Joseph P. Marshall, 110 Woburn Street, was moved up, and has
accepted Town Meeting Membership in Precinct One as of March 24 ,
1971, filling the vacancy caused by the resignation of Mr. Busa.
Term expires on March 6 , 1972.
259
Article 37. Presented by Thomas G. Taylor.
MOTION: To appropriate the sum of $5,500.00 as a
supplementary appropriation to be used in conjunction
with and in addition to the money appropriated under
Article 37 of the Warrant for the 1970 Annual Town
Meeting for professional services and preparation of
preliminary plans and specifications for remodeling of and
additions to the Cary Memorial Library building, and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
Carried by voice, vote. 8 :02 P. M.
Article 38. Presented by Allan F. Kenney.
MOTION: That the sum of $25,000.00 be appropriated
for the construction of a parking area for the Town
Office Building and Police Building and access thereto,
and to provide for payment thereof by transfer from
the Excess and Deficiency Account.
8 :02 P. M.
Weiant Wathen-Dunn makes the following motion:
MOTION: Move to amend the motion under Article 38 by
deleting the figure $25,000.00 and substituting there-
fore the figure $15,000.00. 8 :08 P. M.
Mr. Wathen-Dunn changes the figure $15,000.00 to
$17,000.00 so that his motion now reads :
MOTION: Move to amend the motion under Article 38 by
deleting the figure $25,000. 00 and substituting there-
fore the figure $17,000.00 8 :09 P. M.
Edward E. Furash stated that the Appropriation
Committee supports the main motion. 8 :13 P. M.
Ephraim Weiss moves for indefinite postponement of this
article. 8 :17 P. M.
Leslie H. York moves the previous question which was
declared carried by voice vote. 8 :25 P. M.
Standing vote on the motion to indefinitely postpone
taken as follows:
In Favor Tellers Opposed
5 Leslie H. York 38
20 Richard H. Soule 36
20 Robert M. Gary 21
14 Frank H. Totman, Jr. 22
59 117
The motion to indefinitely postpone Article 38 is
declared lost. 8 :28 P. M.
Mr. Wathen-Dunn's motion to amend declared lost by voice
vote, which was doubted, so standing vote taken as follows:
In Favor Tellers Opposed
3 Leslie H. York 35
22 Richard H. Soule 38
27 Robert M. Gary 12
17 Frank H. Totman, Jr. 20
69 105
Mr. Wathen-Dunn's motion to amend declared lost.
8 :30 P. M.
2 60
Article 38. Allan F. Kenney's motion declared carried by voice
(Cont. ) vote, which was doubted, so a standing vote taken as
follows:
In Favor Tellers Opposed
34 Leslie H. York .6
43 Richard H. Soule 18
19 Robert M. Gary 20
19 Frank H. Totman, Jr. 17
115 61
The main motion, as presented by Mr. Kenney, declared
adopted. 8 :34 P. M.
Article 39. Presented by Allan F. Kenney:
MOTION: That the sum of $27,000.00 be appropriated for
the purchase and installation of air conditioning
equipment in the Police Building, and to provide for
payment thereof by transfer from the Excess and De-
ficiency Account.
8 :34 P. M.
Standing vote taken as follows:
In Favor Tellers Opposed
34 Leslie H. York 9
34 Richard H. Soule 25
21 Robert M. Gary 18
22 Frank H. Totman, Jr. 15
111 67
Motion, as presented by Mr. Kenney, declared adopted.
8 :43 P. M.
Article 40. Presented by Allan F. Kenney.
MOTION: That the sum of $10,000.00 be appropriated
for the purchase and installation of furniture,
equipment and fixtures for the Town Office Building
and Police Building, and to provide for payment
thereof by transfer from the Excess and Deficiency Account.
Carried by voice vote. 8 :45 P. M.
Article 41. Presented by Allan F. Kenney.
MOTION: That the sum of $5,000.00 be appropriated for
the purchase and installation of local disaster pre-
paredness communications system in such location or
locations as the Selectmen may determine, and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
8 :47 P. M.
J. Keith Butters serves notice of reconsideration of Articles
38 and 39. 8 :47 P. M.
Article 41. After general discussion, Homer J. Hagedorn moves the
(Cont. ) previous question which was declared carried by voice
vote. 9 :04 P. M.
The main motion, as presented by Mr. Kenney, declared
carried by voice vote.
9 :05 P. M.
Article 42. Presented by Robert Cataldo.
MOTION: To extend to the 1972 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 by voice vote. 9 :05 P. M.
2U1.
Article 43. Presented by Robert Cataldo.
MOTION: That the Data Processing Committee esta-
blished under Article 43 of the 1968 Annual Town
Meeting, be and hereby is authorized to retain
consultants, subject to approval of the Town Manager,
and to study the Town's business systems and
procedures, develop recommendations for a data
processing system and equipment for the Town, the
Data Processing Committee to report its findings and
recommendations thereon and on those matters referred
to it under said Article 43 to a subsequent town
meeting not later than the 1972 Annual Town Meeting;
to appropriate the sum of $10,000.00 therefor and to
provide for the payment thereof by transfer from the
Excess and Deficiency Account.
Carried Unanimously 9 :17 P. M.
Robert Cataldo moves to take Article 34 from the table which was
declared carried by voice vote. 9 :18 P. M.
Article 34 . (As previously presented by Robert Cataldo:
MOTION: That the sum of $60,000.00 be appropriated to
(See page be used in conjunction with money previously appro-
267) priated under Article 23 of the Warrant for the 1970 Annual
Town Meeting for the construction under Chapter 90
highway construction of all or any part of the section
of East Street between Lowell St. and Grant Street,
and to provide for payment thereof by transfer of the
sum of $60,000. 00 from the unexpended balance of the
appropriation under Articles 22 and 23 of the Warrant
for the 1969 Annual Town Meeting. )
Weiant Wathen-Dunn presented a re-worded amendment as
follows:
MOTION: Move to amend the motion under Article 34 by
deleting it in its entirety and substituting therefore
the following motion:
That the Selectmen be and hereby are authorized to
retain engineering services and prepare plans and
specifications for the design, construction and re-
construction of all or any part of East St. between
the Woburn line and Grant St. , including the laying
out, alteration, relocation, widening or reconstruction
of said street and to provide for such services by
transferring the sum of $17 ,260.44 from the unexpended
balance of the appropriation for the reconstruction of
a part of Lowell St. or Worthen Rd. voted under Article
5 of the Warrant for the June 3, 1968 Special Town
Meeting. 9 :10 P. M.
Frank Sandy moves that the article be placed back on
the table but the motion was declared lost by voice
vote. 9 :45 P. M.
Frank I. Michelman moves to amend the amendment by
adding at the end thereof, the following:
Provided, that the work shall be done in accordance with
the procedures set forth in the report submitted to
the Selectmen by their Committee on Procedures of
Street and Sidewalk Reconstruction.
9 :46 P. M.
Charles A. Winchester moves for indefinite postponement
of Article 34. 9 :49 P. M.
Paul A. Plasse moves the previous question which was
declared carried by voice vote.
9 :57 P. M.
2 ( 2
Article 34. Manfred P. Friedman raised a point of order. He stated
(Cont. ) that a motion to amend should be voted on before a motion
to indefinitely postpone. The Moderator stated that it
could be interpreted that way and therefore the motion'
on the floor at this time was Mr. Michelman's motion to
amend Mr. Wathen-Dunn's amendment. The Moderator
declared that Mr. Michelman's motion was lost by voice
vote, which was doubted, so a standing vote was taken
as follows:
In Favor Tellers Opposed
8 Leslie H. York 31
18 Richard H. Soule 37
34 Robert M. Gary 10
18 Frank H. Totman, Jr. 15
78 93
Mr. Michelman's motion to amend is declared lost.
10:01 P. M.
The motion to amend, as presented by Weiant Wathen-Dunn,
declared lost by voice vote.
10:01 P. M.
The motion to indefinitely postpone is declared
lost by voice vote, which was doubted, so a standing
vote taken as follows:
In Favor Tellers Opposed
13 Leslie H. York 26
29 Richard H. Soule 28
(See page 31 Robert M. Gary 11
267) 16 Frank H. Totman, Jr. 23
89 88
The motion to indefinitely postpone Article 34 is
declared carried. 10:05 P. M.
Robert Cataldo moves for reconsideration of Article 25.
10:05 P. M.
Edward E. Furash stated that the Appropriation Committee is in
favor of the motion to reconsider. Article 25. 10 :13 P. M.
Carl Blake stated that the Capital Expenditures Committee is in
favor of the motion to reconsider Article 25. 10 :17 P. M.
Joseph A. Campbell serves notice of reconsideration of Article 34 .
10:18 P. M.
James M. McLaughlin moves the previous question which was declared
carried by voice vote. 10:23 P. M.
Standing vote on the motion to reconsider Article 25 as follows:
In Favor Telles Opposed
28 Leslie H. York 14
31 Richard H. Soule 29
25 Robert M. Gary 17
32 Frank H. Totman, Jr. 7
116 67
The motion to reconsider Article 25 is declared carried.
10:25 P. M.
263
Article 25. Robert Cataldo reads the motion under Article 25 as he
had presented it at the March 22 , 1971 Adjourned Session
of the 1971 Annual Town Meeting :
MOTION: That the Selectmen be and they hereby are auth-
orized to retain engineering services and prepare plans
and specifications for the design, construction or re-
construction of streets the laying out, alteration, reloca-
tion, widening or reconstruction of which the Selectmen
may desire to consider; and to raise and appropriate
therefor the sum of $25,000.00.
10:26 P. M.
James E. Storer moves to lay Article 25 on the table
which was declared to be defeated by voice vote.
10:28 P. M.
Robert A. Bowyer moves to amend the motion by
deleting the sum of $25,000.00 and inserting in place
thereof the sum of $2,000.00.
10:30 P. M.
Wiltrud R. Mott-Smith moves to amend Mr. Bowyer's
motion by striking the figure $2,000.00 and inserting
in place thereof the figure $6 ,000.00.
10:37 P. M.
Mr. Bowyer has no objections to having his amendment
changed so that it now reads:
Move to amend the motion by deleting the sum of
$25,000.00 and inserting in place thereof the sum of
$6,000.00.
Patricia K. Hagedorn moves the previous question which
was declared carried by voice vote. 10 :43 P. M.
Standing vote on Mr. Bowyer's amendment as follows:
In Favor Tellers Opposed
9 Leslie H. York 33
37 Richard H. Soule 27
24 Robert M. Gary 18
11 Frank H. Totman, Jr. 28
81 106
Mr. Bowyer' s amendment declared lost. 10 :40 P. M.
Standing vote on main motion as follows:
In Favor Tellers Opposed
32 Leslie H. York 11
29 Richard H. Soule 36
19 Robert M. Gary 21
31 Frank H. Totman, Jr. 8
111 76
Main motion, as presented by Mr. Cataldo, adopted.
i 10:45 P. M.
1
Article 2. David Reiner moves that the report of the Committee on
Cary Lectures be accepted and placed on file and the
Committee discharged.
Carried Unanimously 10:45 P. M.
Alan G. Adams moves that the meeting be adjourned to Monday,
March 29, 1971 at 8 P. M.
Carried by voice vote. 10:47 P. M.
( 0 1
Mary R. McDonough, Town Clerk
264
ADJOURNED TOWN MEETING HELD MARCH 29, 1971
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. , at 8 :02 P. M. at the Cary Memorial Hall.
There were 196 Town Meeting Members present.
The invocation was offered by Rev. Kenneth E. Peterson, Pastor
of the First Baptist Church. 8 :03 P. M.
Otis S. Brown, Jr. praises the Lexington High School Basketball
Team for winning the Massachusetts Schoolboy Basketball Title and
presented the entire team. Upon entering the hall, the team was
given a standing ovation. 8 :05 P. M.
Robert Cataldo, Chairman of the Board of Selectmen, read the
following resolution:
BY THE
BOARD OF SELECTMEN
A RESOLUTION
1 9 7 1
WHEREAS,The Lexington High School basketball team did in fact
win the 1971 Middlesex League Championship; and
WHEREA$,They were victorious in the 1971 Class B Eastern
Massachusetts Tech Tourney; and
WHEREAS, They entered the 1971 State Championship competition
and defeated Holy Name High School OF Worcester, Class A Champion
Somerville High School and Class A Runner-up Boston. English High
School; and
WHEREAS, They completed a successful season of 26 victories
and no defeats to become the 1971 Massachusetts State Champions
of School Boy Basketball;
BE IT RESOLVED, That we the members of the. 1971 annual Town
Meeting, acting as representatives of the citizens of Lexington,
do hereby recognize the members of the 1970-71 Lexington High
School varsity basketball team, Brian McAllister, Jeffrey L. Baker,
John W. Flaherty, Curtis W. Wolff, Joseph E. Cormier, Stephen R.
Lorentzen, Thomas G. Harris, Ronald H. Lee, Diedrich C. Waterman,
Wayne A. Morrison, Paul R. Jones, John P. Rosa and Steven Singelais
and their co-captains, John L. O'Brien and Andrew J. Freitas, their
managers, William S. Monderer, Robert W. Mann, Jr. , and Stephen P.
Barentine, and their coaches, Stanley G. Boynton and Robert Farias,
and do hereby salute theirifrjjmphs and by unanimous vote do hereby
enter this resolution on the permanent records of the Town of Lex-
ington, Massachusetts.
By the Lexington Board of Selectmen,
/s/ Robert Cataldo, Ch.
/s/ Allan F. Kenney
/s/ Fred C. Bailey
/s/ Alfred S. Busa
/s/ Natalie H. Riff in
Dated this 29th day of March, 1971.
Resolution carried unanimously. 8 :08 P. M.
The Moderator asked Stanley G. Boynton, Coach of the Lexington
High Basketball Team to step forward and Mr. Cole read the following
resolution:
THE COMMONWEALTH OF MASSACHUSETTS
In the Year One Thousand Nine Hundred and Seventy-one
RESOLUTIONS CONGRATULATING LEXINGTON HIGH SCHOOL ON WINNING THE
MASSACHUSETTS SCHOOLBOY BASKETBALL TITLE.
Whereas, The Lexington High School Basketball Team has
brought honor and fame to Lexington High School and to the town of
Lexington in winning the Massachusetts Schoolboy Basketball Title;
and
Whereas, The victories by this team were clean cut and
decisive against outstanding teams and in winning they achieved
remarkable success; and
Whereas, They have, during the season, played this popular
highly competitive sport with a high degree of excellence and a
keen sense of good sportsmanship and fair play; and
Whereas, The winning of this championship reflects the out-
standing ability, team play and spirit of this team; therefore be it
Resolved, That the Massachusetts House of Representatives
hereby extends, to the Lexington High School Basketball Team and
their coach, its congratulations upon winning the Massachusetts
Schoolboy Basketball Title; and be it further
Resolved, That copies of these resolutions be sent forthwith
by the Secretary of the Commonwealth to the Lexington High School
and to the coach of the Basketball Team.
House of Representatives, adopted, March 29, 1971.
/s/ David M. Bartley
HOUSE SPEAKER
/s/ Wallace C. Mills
HOUSE CLERK
(SEAL)
a true copy. Attest:
/s/ John F. X. Davoren
SECRETARY OF THE COMMONWEALTH.
Offered by:
/s/ Lincoln P. Cole, Jr.
REPRESENTATIVE LINCOLN P. COLE, JR.
/s/ John F. Cusack
REPRESENTATIVE JOHN F. CUSACK
266
Article 44. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are authorized
to lease, or to lease with an option to purchase, five
voting machines; and to appropriate the sum of $1,650.00
therefor, and to provide for payment by transfer from
the Excess and Deficiency Account.
Carried Unanimously 8 :12 P. M.
Article 45. Presented by Robert Cataldo.
MOTION: That the sum of $4 ,120.00 be raised and
appropriated for the purpose of paying the Town's
apportioned share of the initial operating and main-
tenance costs of the proposed regional vocational-
technical school district consisting of the Towns of
Arlington, Belmont, Concord and Lexington and such of the
Tbwns of Acton, , Boxborough, Carlisle, Lincoln, Stow,
Sudbury, Wayland and Weston as vote to become members
of said district.
Carried Unanimously 8 :18 P. M.
Article 46. Presented by Robert Cataldo.
MOTION: That the sum of $30,000.00 be raised and
appropriated to retain professional services for
photogrametric survey and map of the Town.
8 :18 P. M.
Erik Lund, Chairman of the Planning Board, stated that
the Planning Board unanimously favors this motion.
8 :23 P. M.
Edward E. Furash, Chairman of the Appropriation
Committee, stated that his committee asks that this
motion be voted down. 8 :25 P. M.
The motion, as presented by Mr. Cataldo, declared
carried by voice vote. 8 :29 P. M.
Article 47. Presented by Robert Cataldo.
MOTION: That the sum of $25,000.00 be appropriated for
the further development of the so-called dump area on
Lincoln Street, and to provide for payment thereof by
transfer from the Excess and Deficiency Account.
8 :30 P. M.
Edward E. Furash moves to amend the motion by striking
the figure $25,000.00 and to substitute therefor the
figure $10,000.00. 8 :33 P. M.
Charles F. Gallagher, Jr. , Chairman of the Recreation
Committee, stated that his committee urges passage of
the main motion. 8 :41 P. M.
James M. McLaughlin moved the previous question which
was declared carried by voice vote. 8 :42 P. M.
The amendment as offered by Mr. Furash, declared
carried by voice vote. 8 :42 P. M.
The motion, as amended, now reads:
MOTION: That the sum of $10,000.00 be appropriated
for the further development of the so-called dump area
on Lincoln Street, and to provide for payment thereof
by transfer from the Excess and Deficiency Account.
Main motion, as amended, declared carried by voice vote.
8 :42 P. M.
26 /
Article 48. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 8 :43 P. M.
Article 49. Presented by Robert Cataldo.
MOTION: That the Selectmen be and they hereby are
authorized on behalf of the Town to purchase, take by
eminent domain or otherwise acquire for street and
other public purposes any fee, easement or other
interest in all or any part of land now or formerly
of Dr. Lester I. Leonard located at the northwesterly
corner of Marrett Road and Lincoln Street and described
in a deed recorded in Middlesex South District Registry
of Deeds, Book 8937 , Page 288; and to raise and
appropriate for such land acquisition the sum of
$1,000.00.
Carried Unanimously 8 :46 P. M.
Article 50. Presented by Frank I. Michelman.
MOTION: That the Permanent Building Committee be and
hereby is authorized, in conjunction with its requests
to the contractor to utilize particular referral
agencies and training programs concerned., with equal
employment opportunity in the construction trades, as
authorized by vote adopted under Article 4 of the June
2, 1969 Special. Town Meeting, to expend funds approp-
riated under said Article 4 for the additional purpose
of reimbursing the contractor for the cost of the
transportation of minority-group trainees and skilled
workers as may be authorized by the Permanent Building
Committee in its requests to the contractor.
8 :48 P. M.
Charles E. Parks serves notice of reconsideration of Article 46.
8 :52 P. M.
Article 50. Standing vote on motion as offered by Mr. Michelman:
(Cont. )
In Favor Tellers Opposed
16 Joseph A. Trani 25
33 Leslie H. York 18
39 James F. Fenske 3
34 William J. Scouler 5
122 51
Adopted. 8 :55 P. M.
Joseph A. Campbell moves for reconsideration of Article 34 .
8 :55 P. M.
After, general discussion, Joseph 0. Rooney moves the previous
question which was declared carried by voice vote. 9 :23 P. M.
The motion to reconsider Article 34 is declared carried by
voice vote. 9 :24 P. M.
Article 34. Allan F. Kenney reads the motion as presented under
Article 34 at the March 24 , 1971 session of this town
meeting:
MOTION: That the sum of $60,000.00 be appropriated to
be used in conjunction with money previously appropriated
under Article 23 of the Warrant for the 1970 Annual Town
Meeting for the construction under Chapter 90 highway
construction of all or any part of the section of East
Street between Lowell St. and Grant Street, and to provide
for payment thereof by transfer of the sum of $60,000.00
from the unexpended balance of the appropriation under
Articles 22 and 23 of the Warrant for the 1969 Annual
Town Meeting.
Main motion, as offered by Mr. Cataldo at the March 24 ,
1971 Town Meeting, carried by voice vote. 9:27 P. M.
269
Charles F. Gallagher, Jr. moved for reconsideration of Article 55
but the motion was ruled out of order by the Moderator.
9 :58 P. M.
Article 56. Presented by Robert Catddo.
MOTION: To raise and appropriate the sum of $1,000.00
for the development of a play area on land owned by
the Town located off Oxford Street.
Carried Unanimously 9 :59 P. M.
Article 57. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
10 P. M.
The motion to indefinitely postpone Article 57 declared
lost by voice vote. 10 :03 P. M.
(SEE PAGE Paul A. Plasse moves to direct the Recreation Committee
279) to set aside an area for the development of a horse
riding ring in such location as the Recreation
Committee and Board of Selectmen may determine.
10:04 P. M.
Carl Blake moved to refer the motion under Article 57
to the Recreation Committee for action at the next
town meeting. 10 :12 P. M.
Standing vote was taken on Mr. Blake's motion:
In Favor Tellers Opposed
22 Joseph A. Trani 19
21 Leslie H. York 25
40 James F. Fenske 7
32 William J. Scouler 11
115 62
The motion to refer to the Recreation Committee, as
offered by Mr. Blake, dedared carried. 10 :15 P. M.
Article 58. Presented by Robert Cataldo.
MOTION: That the Town Manager be and he hereby is
authorized to retain professional services and prepare
final plans and specifications and to obtain bids for
the repair, remodeling or reconstruction of the
swimming pool at the Center Playground; and to raise
and appropriate therefor the sum of $12,500.00.
10:15 P. M.
The Moderator stated that there would be a five minute recess.
10 :19 P. M.
The meeting was again called to order by the Moderator at
10:28 P. M.
Paul A. Plasse serves notice of reconsideration of Article 57 .
10 :28 P. M.
Article 58. Robert Cataldo moves to amend his motion under Article
(Cont- ) 58 by striking the figure $12,500.00 and substituting
therefor the figure $2,500.00.
10 :29 P. M.
Mr. Cataldo's motion to amend declared carried by voice
vote. 10:33 P. M.
Main motion, as amended, now reads:
he
MOTION: That the Town Manager be and/hereby is authorized
to retain professional services and prepare final plans
270
Article 58. and specifications and to obtain bids for the repair,
(Cont. ) remodeling or reconstruction of the swimming pool at
the Center Playground; and to raise and appropriate
therefor the sum of $2,500.00.
Main motion, as amended, declared carried by voice vote.
10:33 P. M.
Jack L. Mitchell moved that Article 55 be taken from the table
which was declared carried by voice vote. 10 :34 P. M.
Article 55. (Motion as previously presented by Mr. Cataldo under
(Cont.) Article 55 :
MOTION: To raise and appropriate the sum of $4 ,500.00
for the development of a play area on land owned by
the Town located on Eldred Street. )
Main motion, as offered by Robert Cataldo, carried
unanimously. 10:36 P. M.
Article 59. Presented by Elizabeth H. Clarke.
MOTION: To raise and appropriate the sum of $10,000.00
for installation of gas after-burners on the incinerators
at Diamond Junior High School, Bowman School, Bridge
School, Estabrook School and Maria Hastings School
to comply with requirements for approval by the
Metropolitan Boston Air Pollution Control District.
10:37 P. M.
After general discussion, James M. McLaughlin moved
that Article 59 be tabled. Voice vote on Mr. Mc-
Laughlin's motion was doubted, so a standing vote
was taken as follows:
In Favor Tellers Opposed
25 Joseph A. Trani 16
25 Leslie H. York 24
2 James F. Fenske 44
2 William J. Scouler 38
54 122
Mr. McLaughlin' s motion to table Article 59 is declared
lost. 10:50 P. M.
Main motion, as presented by Elizabeth H. Clarke,
declared carried by voice vote. 10 :56 P. M.
Article 60. Presented by Howard M. Kassler.
MOTION: To raise and appropriate the sum of $5,000.00
to the Conservation Fund established by vote under
Article 9 of the Warrant for the Special Town Meeting
held on June 8 , 1964 .
10:53 P. M.
Mr. Kassler discusses the whole Conservation Program and
shows slides. 11 :02 P. M.
I
J. Keith Butters moved that the meeting be adjourned to Wednesday,
March 31, 1971 at 8 P. M.
Carried by voice vote. 11 :03 P. M.
7rie'At 4 Au , ,
Mary R. McDonough, Town Clerk
27 .1
ADJOURNED TOWN MEETING HELD MARCH 31, 1971
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at the Cary Memorial Hall at 8 :03 P. M.
There were 191 Town Meeting Members present.
The invocation was offered by Monsignor George W. Casey, Pastor
of St. Brigid's Church. 8 :04 P. M.
The Moderator stated that the meeting is now open on Article 60
and that Howard M. Kassler had the floor as the meeting had
adjourned on, March 29, 1971 when Mr. Kassler had been speaking on
Article 60.
Article 60. Howard M. Kassler re-read the motion he had offered
under Article 60 on March 29, 1971.
MOTION: To raise and appropriate the sum of $5,000.00
to the Conservation Fund established by vote under
Article 9 of the Warrant for the Special Town Meeting
held on June 8 , 1964 .
8 :05 P. M.
Joseph A. Campbell asked what the $5 ,000.00 would be
used for and Mr. Kassler stated that it was strictly
a contingency fund. 8 :07 P. M.
Main motion, as offered by Mr. Kassler, declared
carried by voice vote.
8 :08 P. M.
Article 61. Presented by Howard M. Kassler.
MOTION: To authorize the Conservation Commission to
purchase or otherwise acquire, and to authorize the
Selectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conserva-
tion purposes as provided by Section 8C of Chapter 40
of the General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184
of the General Laws or other interest in all or any
part of land southerly of Concord Avenue owned by
Leroy M. Titelbaum and shown as lots S and T on a plan
recorded in Middlesex South District Registry of Deeds,
at the end of Book 10456; and to raise and appropriate
for said land acquisition the sum of $68 ,000.00.
8 :08 P. M.
After, general discussion, J. S. Mason Whitney moved
the previous question. Standing vote on Mr. Whitney's
motion taken as follows:
In Favor Tellers Opposed
40 Martin A. Gilman 10
34 William J. Scouler 5
20 Leslie H. York 26
32 Joseph A. Trani 12
126 53
Previous question, as moved by Mr. Whitney, declared
carried. 8 :43 P. M.
Erik Lund, using time yielded by Mr. Kassler, stated
that the Planning Board supports Article 61 and Article
62. 8 :43 P. M.
Carl Blake, using time yielded by Mr. Kassler, stated
that the Capital Expenditures Committee is in favor
of this article. 8 :46 P. M.
272
Article 61. Edward E. Furash, using time yielded by Mr. Kassler,
(Cont. ) stated that the Appropriation Committee is not in favor
of this motion. 8 :47 P. M.
Robert Cataldo stated that the Board of Selectmen
unanimously recommends passage of the. Conservation
Articles 61, 62 and 63. 8 :52 P. M.
Standing vote on Mr. Kassler's motion as follows:
In Favor Tellers Opposed
38 Martin A. Gilman 13
38 Leslie H. York 5
14 Joseph A. Trani 30
34 William J. Scouler 7
124 55
Motion, as presented by Mr. Kassler, declared adopted.
8:55 P. M.
Article 62. Presented by Howard M. Kassler.
MOTION: To authorize the Conservation Commission to pur-
chase or otherwise acquire, and to authorize the Sel-
ectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conservation
purposes as provided by Section 8C of Chapter 40 of
the General Laws, any fee, easement, conservation re-
striction as defined in Section 31 of Chapter 184 of
the General Laws or other interest in all or any part
of land southerly of Concord Avenue owned by Margaret
Ballou and described in deed recorded in Middlesex
South District Registry of . Deeds, Book 7401, Page 248 ,
excepting therefrom lots 1, 2, 3, 4, 5,... 6 and 7 on
plan recorded in said Deeds at the end of Book 7489;
and to raise and appropriate for said land acquisition
the sum of $32,000. 00.
8 :57 P. M.
reconsideration of
Albert S. Richardson, Jr. serves notice of/Article 61.
9:02 P. M. -'
Article 62. After general discussion, Joseph 0. Rooney moved the
(Cont. ) previous question which was declared carried byvoice
vote. 9:12 P. M.
Standing vote on Mr. Kassler's motion as follows:
In Favor Tellers Opposed
31 Martin A. Gilman 23
40 Leslie H. York 3
22 Joseph A. Trani 23
35 William J. Scouler 6
128 55
Motion, as offered by Mr. Kassler adopted. 9 :13 P. M.
Article 63. Presented by Howard M. Kassler.
MOTION: To authorize the Conservation Commission to
purchase or otherwise acquire, and to authorize the
Selectmen to take by eminent domain, upon the written
request of the Conservation Commission, for conserva-
tion purposes as provided by Section 8C of Chapter 40
of the General Laws, all or any part of a parcel of
land owned by Francis Judd Cooke and Maymay L. Cooke,
located on the northerly side.of Massachusetts Avenue
and the easterly side of Woodberry Roadand described
in a deed recorded in Middlesex South District Registry
of Deeds, Book 6761, Page 409; and to raise and appro-
priate for said land acquisition the sum of $7,000.00.
9:14 P. M.
2273
• Article 63. Standing vote on Mr. Kassler's motion as follows:
(Cont. )
In Favor Tellers Opposed
47 Martin A. Gilman 5
32 Leslie H. York 1
42 Joseph A. Trani 4
39 William J. Scouler 1
160 11
Motion, as offered by Mr. Kassler, adopted. 9 :25 P. M.
Robert Cataldo moved that Article 31 be taken from the table
which was declared carried by voice vote. 9 :26 P. M.
Article 31. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
9 :26 P. M.
M. Chandler Crocker, II served notice of reconsideration of
Articles 62 and 63.
9:28 P. M.
Article 31. Howard M. Kassler speaks against indefinite postpone-
(Cont. ) ment. 9 :28• P. M.
Edward E. Furash stated that the Appropriation
Committee supports indefinite postponement of
Articles 31 and 32. 9 :33 P. M.
Carl Blake stated that the Capital Expenditures
Committee recommends indefinite postponement at this
time. 9 :37 P. M.
Leon A. Burke, Jr. moved the previous question which
was declared carried by voice vote. 9:37 P. M.
Indefinite postponement of Article 31, as moved by
Mr. Cataldo, declared carried by voice vote.
9 :38 P. M.
Robert Cataldo moved that Article 32 be taken from the table
which was declared carried by voice vote. 9 :38 P. M.
Article 32. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried by voice vote. 9 :38 P. M.
Robert Cataldo moved that Article 35 be taken from the table
which was declared carried by voice vote. 9 :38 P. M.
Article 35. Presented by Robert Cataldo.
MOTION: That the sum of $17,000.00 be appropriated for
widening and construction with permanent pavement of all
or any part of East Street between the Woburn line and
Grant Street, and to provide for payment thereof by
transfer of the sum of $17,000.00 from the unexpended
balance of the appropriation for the reconstruction of
Lowell Street or Worthen Road voted under Article 5 of
the Warrant for the June 3, 1968 Special Town Meeting.
Carried Unanimously 9 :40 P. M.
Robert Cataldo moved that Article 36 be taken from the table.
Carried Unanimously 9 :41 P. M.
Article 36. Presented by Robert Cataldo.
MOTION: That this article be indefinitely postponed.
Carried by voice vote. 9 :41 P. M.
274
Article 64. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9:42 P. M.
Article 65. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :43 P. M.
Article 66. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :43 P. M.
Article 67 . Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :43 P. M.
Article 68. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :43 P. M.
Article 69. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 9 :43 P. M.
Article 70. Presented by Erik Lund.
MOTION: To amend the Zoning By-Law and the Zoning Map
as follows:
A. By adding a new RH Subsidized Housing District
to be shown on Zoning District Map No. RH-1 entitled
"RH SUBSIDIZED HOUSING DISTRICTS" , said district to be
numbered 22.51 and to be bounded and described as
follows:
Beginning at the westerly corner of Garfield and
Earl Streets; thence southwesterly by Garfield Street
535.6 feet; thence northwesterly 829 feet, more or less,
by a line parallel to Hickory Street extended to the
northwesterly boundary of lot 11, block 13; thence
northeasterly 435.6 feet, more or .less, to the northerly
corner of lot 30, block 15; thence southeasterly by a
line parallel to and 100 feet northeasterly from the
northeasterly line of Hickory Street extended 476 .5
feet, more or less, to the southerly corner of lot 8 ,
block 4 ; thence northeasterly by said lot 8 and across
Earl Street to the westerly corner of lot 31, block 3 , .
150 feet; thence southeasterly 100 feet by the north-
easterly line of Earl Street extended to the westerly
corner of lot 35, block 3; thence northeasterly 100
feet by the northwesterly boundary of said lot 35;
thence southeasterly 150 feet- by a ,lineloarallel to and
100 feet northeasterly from said northeasterly line of
Earl Street extended; thence southwesterly 150 feet by
the northwesterly boundary of lot 41, block 3, and
across Earl Street; thence southeasterly by the south-
westerly line of said Earl Street 102.5 feet, more or
less, to the point of beginning; containing 9.83 acres,
more or less; all lots, blocks and street lines being
as shown on the plan entitled "Plan of Lots at Lexington
Heights owned by M. C. Meagher" , dated July 1892, by
E. A. W. Hammatt, C.E. , recorded in Middlesex South
District Registry of Deeds in Plan Book 77 as Plan 24.
B. By adding. in Section 22 entitled "Geographical
descriptions of residence districts" a new subsection
22.5 and a new paragraph 22.51 as follows :
2I )
Article 70. 22.5 RH - subsidized housing districts are as
(Cont.) follows:
22.51 A district on both sides of Ash Street
extending southwesterly from Earl Street as shown on
Zoning District Map No. RH-1 entitled "RH SUBSIDIZED
HOUSING DISTRICTS" , designated thereon 22.51.
9 :48 P. M.
Erik Lund spoke on the article and is recognized by
the Moderator for his second ten minutes. Mr. Lund
stated that the Planning Board recommends passage of
this article and presented the Planning Board Report
covering Article 70. 10 :07 P. M.
M. Chandler Crocker, II spoke in opposition and showed
slides and graphs. 10 :17 P. M.
Paul A. Plasse spoke in opposition and showed slides.
He was recognized by the Moderator for his second ten
minutes. 10 :45 P. M.
Robert Cataldo stated that by a majority vote of the
Board of Selectmen that they ask the Town Meeting to
vote against this article . 10:46 P. M.
Allan Green moved the previous question which was
declared carried by voice vote. 11 :05 P. M.
Standing vote on main motion as follows:
In Favor Tellers Opposed
15 Martin A. Gilman 36
35 Leslie H. York 6
12 Joseph A. Trani 32
24 William J. Scouler 16
86 90
Main motion, as offered by Mr. Lund, declared lost.
11 :07 P. M.
Robert Cataldo moved that the meeting be adjourned to Monday,
April 5, 1971 at 8 P. M.
Carried by voice vote. 11 :08 P. M.
Mary R. McDonough, Town Clerk
2 7 6 ADJOURNED TOWN MEETING HELD APRIL 5, 1971
The meeting was called to order by the Moderator, Lincoln P.
Cole, Jr. at 8 :05 P. M. at the Cary Memorial Hall.
There were 193 Town Meeting Members present.
Invocation offered by Rev. Harold T. Handley, Rector of the
Church of Our Redeemer. 8 :06 P. M.
Article 71. Presented by Erik Lund.
MOTION: That this article be indefinitely postponed.
Carried by voice vote. 8 :08 P. M.
Albert S. Richardson, Jr. moves for reconsideration of Article
61. 8 :09 P. M.
After general discussion, Wilbur E. Cheever moves the previous
question which was declared carried by voice vote. 8 :21 P. M.
Motion to reconsider Article 61 declared lost by voice vote,
which was doubted, so a standing vote taken as follows:
In Favor Tellers Opposed
3 Leslie H. York 39
24 Joseph A. Trani 18
30 James F. Fenske 24
8 William J. Scouler 32
65 113
The motion to reconsider ARticle 61 declared lost. 8 :28 P. M.
Article 72. Presented by Mark Moore, Jr.
MOTION: To amend the Zoning By-Law by adding at the end
of the areas described under RH - Subsidized Housing
(See page
Districts, the following:
Article lost
in "A district on the easterly side of Bedford Street more
Referendum fully bounded and described as follows:
Vote)
SOUTHWESTERLY by Bedford Street 40.08 feet;
NORTHWESTERLY by land now or formerly of Carine
122.10 feet;
SOUTHWESTERLY by land now or formerly of Carine
and Rice 125 feet;
NORTHWESTERLY by land now or formerly of Savage
24.0 feet;
SOUTHWESTERLY by land now or formerly of Savage
and others land 303.20 feet;
NORTHWESTERLY by land now or formerly of W. E.
Stickle 484 .1 feet;
NORTHEASTERLY by land now or formerly of Riley
152.46 feet;
EASTERLY by land now or formerly of B and M
Railroad 577 .60 feet;
SOUTHEASTERLY by land now or formerly of Lexington
Lumber Company 497.40 feet;
SOUTHWESTERLY by land now or formerly of Balazy and
Curran 130 feet; and
SOUTHEASTERLY by land now or formerly of Curran
125 feet to the point of beginning. "
8 :30 P. M.
Mr. Moore, a Town Meeting Member from Precinct Six, stated
that because of his interest in this article, that he
would abstain from voting. 8 :30 P. M.
277
Article 72. As Mr. Moore gave an explanation of the article,
(Cont. ) Charles H. Cole, 2nd, Town Meeting Member from Precinct
Three who will be the architect for the apartment complex,
showed slides and Frederick J. Conroy pointed out the
highlights on the screen. The Moderator recognized
Mr. Moore for his second ten minutes. 8 :43 P. M.
Erik Lund stated that the Planning Board, by a unanimous
vote, endorsed the proposed rezoning and recommended
passage of Article 72 modified to eliminate the 3.8
acre parcel. Mr. Lund filed the Planning Board Report
covering Article 72. 9 :01 P. M.
Daniel E. Power stated that the Interfaith Corporation
unanimously favor passage of this motion. 9 :04 P. M.
Ira Stepanian and Richard H. Bengtson, Jr. of Carol
Lane spoke from the balcony against the motion.
Mary McKenney stated that the League of Women Voters
supportsthe motion. 9 :25 P. M.
Alan G. Adams moves the previous question and a
standing vote was taken on this motion as follows:
In Favor Tellers Opposed
30 Leslie H. York 9
23 Joseph A. Trani 17
25 James F. Fenske 27
36 William J. Scouler 3
114 56
Previous question declared carried. 9 :29 P. M.
Lloyd S. Beckett, Jr. moves that a roll call vote be
taken by the Town Clerk. Standing vote on Mr. Beckett' s
motion taken as follows:
In Favor Tellers Opposed
27 Leslie H. York 18
15 Joseph A. Trani 26
32 James F. Fenske 15
22 William J. Scouler 16
96 75
The motion for a roll call vote declared adopted.
9 :32 P. M.
Allan Green moves for reconsideration of the motion
for a roll call vote on Article 72. This motion was
declared lost by voice vote. 9 :35 P. M.
The roll call vote on Article 72 was taken by the
Town Clerk starting at 9 :37 P. M. and finished at
9:53 P. M.
The Moderator declared a recess so that the votes could
be counted. 9 :53 P. M.
The meeting was again called to order by the Moderator
at 10 P. M.
Results of the roll call vote:
In Favor: 127 Opposed: 56 Abstaining : 6
More than the required two-thirds having voted in favor,
the motion, as offered by Mr. Moore, declared adopted.
10 P. M.
219
Article 73. and of the Lexington Professional Building Trust with
(Cont. ) the southwesterly boundary of land now or formerly of
Bickford, a distance of 73 feet, more or less; and by
and through the land now or formerly of The Lexington
Professional Building Trust to the northeasterly
boundary of Lot 15, as shown on Assessors ' Map 49, it
being the northwesterly boundary of the land described
in deed of the Roman Catholic Archbishop of Boston dated
April 9, 1957 and recorded in Middlesex South District
Registry of Deeds in Book 8933 , Page 164 , a distance
of 127 feet, more or less;
SOUTHWESTERLY by said northeasterly boundary of the afore-
said Lot 15, owned now or formerly by The Lexington
Professional Building Trust, 162 feet, more or less;
WESTERLY by Waltham Street, 26l feet, more or less.
10 :25 P. M.
Mr. and Mrs. John G. Orcutt of 1 Vine Brook Road were
recognized and showed slides and are in favor of the
amended motion as offered by Mr. Dailey.
10:31 P. M.
Eric T. Clarke stated that a majority of the Planning
Board are in favor of the main motion and that on the
amended motion two are in favor, two are opposed and
one abstained. Mr. Clarke filed the Planning Board
Report covering Article 73. 10:35 P. M.
Weiant Wathen-Dunn makes the following motion:
MOTION: Move to refer the subject matter of Article
73 to the Planning Board for further study, the Planning
Board to report and to make recommendations to a
subsequent Town Meeting not later than the 1972 Annual
Town Meeting. 10 :38 P. M.
Erik Lund, Chairman of the Planning Board, stated that
he is in favor of referring the subject matter of
Article 73 to the Planning Board. 10 :43 P. M.
The motion to refer the subject matter of Article 73
to the Planning Board, as offered by Mr. Wathen-Dunn,
is declared carried by voice vote.
10 :46 P. M.
Paul A. Plasse moved for reconsideration of Article 57 .
10:47 P. M.
Carl Blake and Charles F. Gallagher, Jr. favor reconsideration
of Article 57. 10 :50 P. M.
Reconsideration of Article 57 as moved by Mr. Plasse, is declared
carried by voice vote. 10:50 P. M.
Article 57. Presented by Carl Blake.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 10 :50 P. M.
Article 74 . Presented by William J. Dailey, Jr.
MOTION: That this article be indefinitely postponed.
Carried Unanimously 10 :50 P. M.
Article 75. Presented by Frank I. Michelman.
MOTION: That favorable action be taken under this
article.
10:52 P. M.
280
Article 75. (Article 75 as it appeared in the Warrant for this
(Cont. ) meeting:
To see if the Town will vote to amend the General By-
Laws, Article XXIV Sections 6 and 25, by substituting
therefore the text set forth in the attachment to this
Petition.
ARTICLE XXIV, Section 6
(1) Except as provided herein, or otherwise by
law or by-law, or by easement, license, or privilege
duly granted, no person shall place or maintain in any
public way or parking lot any, goods, wares, merchandise,
furniture, or other chattels not related or incidental
to the normal and convenient use of such way or lot for
travel, passage, or parking.
(2) A person proposing (a) to distribute leaflets,
handbills, or other literature, or to, gather signatures
for an initiative, referendum, candidacy, petition,
organizational membership drive, public statement, or
other similar document or matter; or (b) to engage in
other activity not conducted primarily for commercial
purposes, may make written application to the Town
Manager or his designee for permission to conduct such
activity in a public way or parking lot, and in
connection therewith to place and maintain in such
public way or parking lot furniture or other chattels.
Such permission shall be granted unless the Town Man-
ager or his designee finds that the proposed activity
would be an actual, substantial, and serious hindrance
to free movement, passage, or parking by members of the
public. Any such application shall be deemed to have
been granted unless the Town Manager or his designee
shall make known that he has denied it, or, granted it
subject to condition or modification, by not later than
twenty-four hours after it was -submitted. Activity
within the scope of any such permission, or of any such
application if the application is not acted upon as
hereinabove provided, shall not be deemed to violate
paragraph (1) of this section.
(3) A person may conduct any activity described in
clause (a) of paragraph (2) in a public way or parking
lot, and may there make such use of furniture or other
chattels as may be reasonably necessary or convenient
for the conduct of such activity, without having first
obtained a permit therefor, except that such person may
be requested by the Chief of Police or any two Selectmen
to suspend such activity if in his or their opinion it
is, or is likely to become, an actual, substantial, and
serious hindrance to free movement, passage, or parking
by members of the public. Whenever such a request is
made, the activity shall be suspended until a permit to
engage in it shall have been granted (or deemed to be
granted) by the Town Manager as provided in paragraph
(2) of this section.
ARTICLE XXIV, Section 25
(1) No person shall engage or take part in any game,
sport, picnic, performance, sale, fair, ceremony,
celebration, or public meeting on the Battle Green or
other public open area without the written permission
of the Town Manager.
(2) A person, group, or organization proposing to
hold a public meeting or other such activity, not con-
ducted primarily for commercial purposes, in or on any
such area may make written application to the Town
Manager for permission to conduct such activity.
'Si
Article 75.
(Cont. ) Permission shall be granted unless the Town Manager
determines that the proposed activity would, taking
into account its scope, intensity, duration, and
proximity in time and place to other activities to be
conducted in the same area, be an unreasonable inter-
ference with the normal use and enjoyment of the area
by members of the public. The Town Manager may impose
conditions or modifications in granting permission,
insofar as necessary to prevent the activity from
constituting such an unreasonable interference.
(3) An application submitted under paragraph (2)
of this section shall contain such information as the
Town Manager may reasonably require as necessary for
the performance of his responsibilities under said
paragraph, and shall state that the applicant or
applicants will take reasonable measures to prevent
littering and will remove all his or their equipment
and material from the public area promptly upon
completion of the activity for which permission is
requested.
(4) The Town Manager shall act on any application
submitted under paragraph (2) of this section within
three days from the time of its receipt. In exercising
his powers under the said paragraph, the Town Manager
shall apply uniform and consistent standards to all
applications, shall make such standards known to
applicants, and shall explain to applicants in
reasonable detail the grounds for any denial, condition,
or modification of an application.
(5) No person shall climb upon, deface, mutilate,
or otherwise injure any tree, shrubbery, monument,
boulder, fence, seat or structure on the Battle Green,
or behave or conduct himself on the Battle Green other-
wise than in a quiet and orderly manner in keeping
with a respectful regard and reverence for the memory
of the patriotic service and sacrifice there so noble
rendered. )
John J. Seitz makes the following motion:
MOTION: That the subject matter of this article be
referred to the Board of Selectmen for study, the Board
to report its conclusions and any recommendations to
the Town, by posting at the Town Hall, on or before
June 1, 1971. 10 :57 P. M.
Robert Cataldo moves to amend the motion as offered by
Mr. Seitz by striking the date June 1, 1971 and sub-
stituting therefor the date December 1, 1971.
10:58 P. M.
James M. McLaughlin moves the previous question which
was declared carried by voice vote. 11 P. M.
The motion to amend, as offered by Mr. Cataldo, declared
carried by voice vote. 11 P. M.
Mr. Seitz ' s motion, as amended by Mr. Cataldo, now
reads:
MOTION: That the subject matter of this article be
referred to the Board of Selectmen for study, the Board
to report its conclusions and any recommendations to
the Town, by posting at the Town Hall, on or before
December 1, 1971.
Mr. Seitz 's motion, as amended by Mr. Cataldo,
declared carried by voice vote. 11 P. M.
282
Article 76. Presented by John J. Maguire.
MOTION: That the Town adopt the following resolution
and instruct the Selectmen to transmit the same,
together with the report of the Town's action thereon,
to the Governor, the President of the Senate and the
Speaker of the House of Representatives of the
Commonwealth:
WHEREAS property taxes in the Commonwealth of Massa-
chusetts are among the highest in the nation,
WHEREAS the Master Tax Plan Commission has referred
to the local property tax as an inequitable and
regressive form of taxation,
BE IT RESOLVED that the Town of Lexington petitions 1
the Great and General Court of the Commonwealth of
Massachusetts to concentrate its attentions on
consideration and early adoption of a revised tax
program for the Commonwealth and its municipalities
that will alleviate the undue share of the burden
borne by local property taxpayers.
11 :03 P. M.
John J. Maguire presented the following :
MOTION: That the subject matter of this article be
referred to a study committee composed of the Chair-
man of the Board of Selectmen, the Chairman of the
Appropriation Committee, and the Chairman of the
School Committee and six citizens of Lexington to be
appointed by the Moderator; and that this committee
report its conclusions and recommendations to the
next annual town meeting.
11:07 P. M.
Mr. Maguire's motion to refer the subject matter of
Article 76 to a committee was declared carried by
voice vote. 11:08 P. M.
Article 77. Presented by Lilah H. Groisser.
MOTION: That the Selectmen be and they hereby are
authorized to release lots 166-167 , inclusive, on
Valleyfield Street from the restrictions imposed in
a certain deed from the Town to Edward E. Domings and
Mary L. Domings conveyikgrilts 166-167 on Valleyfield
Street, which deed is dateq415 , 1968 and recorded in
Middlesex South District Registry of Deeds, Book 11493 ,
Page 147; that the minimum amount to be paid for such
release shall be $2 ,000.00; and that the instrument
of release shall be in such form as the Selectmen,
by the execution thereof, shall approve.
11:08 P. M.
After general discussion, Mark Moore, Jr. moved the
previous, question which was declared carried by voice
vote. 11:27 P. M.
Voice vote on the main motion was not unanimous, so a
standing vote was taken as follows :
In Favor Tellers Opposed
29 Leslie H. York 7
17 Joseph A. Trani 15
36 James F. Fenske 17
28 William J. Scouler 9
110 48
More than the required two-thirds having voted in
favor, the motion, as presented by Mrs. Groisser,
declared adopted.
11:30 P. M.
.83
Article 78. Presented by Robert Cataldo,
MOTION: That this article be indefinitely postponed.
Carried Unanimously 11:30 P. M.
Robert Cataldo moved that the meeting be dissolved.
Carried Unanimously 11:30 P. M.
_44 Lit,
Mary R. McDonough, Town Clerk