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HomeMy WebLinkAbout1971-06-14-STM-min 2 86' (WARRANT FOR SPECIAL TOWN MEETING - See Warrant Book) SPECIAL TOWN MEETING HELD JUNE 14 , 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :10 P. M. in the Cary Memorial Hall. There were 196 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8:10 P. M. The Moderator introduced John F. Cusack, Representative in the General Court and the Representative from Precinct One, who was seated in the balcony. 8 :11 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8 :13 P. M. The Town Clerk read the Constable' s Return of the Warrant. 8 :13 P. M. Article 1. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8 :13 P. M. The Moderator stated that Article 1 would remain open throughout the meeting. 8 :13 P. M. Article 2. Presented by Selectman Fred C. Bailey. 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, playground and recreational purposes, and other public purposes, the land, together with the buildings thereon, bounded southwesterly by Massachusetts Avenue, northwesterly by Meriam Street, northeasterly by land of the Town, north- westerly again by said land of the Town, northeasterly again by Depot Place and southeasterly by Depot Square, being the same premises conveyed to the Trustees of Minute Man Park Realty Trust under a Declaration of Trust dated June 18 , 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292 , Page 107 , by deed of Robert T. Roulston et al, Trustees, which deed is recorded in said Registry in Book 10292 , Page 114 ; that the Selectmen be and they hereby are authorized to contract, in the name of the Town, with any agency of the United States Government or of the Commonwealth of Massachusetts in order to obtain financial assistance for the acquisition of said land, and to receive and expend Federal and State funds for such purpose; that the sum of $400,000.00 be appropriated therefor, and that pay- ment thereof be provided by raising the sum of $12,000.00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of $388 ,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $388,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding 5 years from their dates. 8 :16 P. M. Mr. Bailey stated that the Board of Selectmen unanimously favor passage of this motion. 8 :16 P. M. The Moderator stated that he had a letter from Ernest A. Giroux, Town Meeting Member from Precinct 3, stating that because of his financial interest he would abstain from voting on Articles 2, 3 and 4 . A similar letter was re- ceived by the Moderator from Thomas G. Taylor, Town Meeting Member from Precinct 2, stating that as he was the lawyer in this particular case, that he would abstain from voting on Articles 2, 3 and 4 . Mr. Bailey' s motion declared lost by voice vote. 8 :19 P. M. 2 8 Article 3. Presented by Selectman Fred C. Bailey. 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, play- ground and recreational purposes, and other public purposes, all or any part of the land, together with the buildings thereon, bounded southwesterly by Massachusetts Avenue, northwesterly by Meriam Street, northeasterly by land of the Town, northwesterly again by said land of the Town, northeasterly again by Depot Place and southeasterly by Depot Square, being the same premises conveyed to the Trustees of Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292, Page 107 , by deed of Robert T. Roulston et al, Trustees, which deed is recorded in said Registry in Book 10292 , Page 114; that the Selectmen be and they hereby are authorized in the name of the Town to enter into an agreement to convey, and to convey, to said Trustees of Minute Man Realty Trust the land on Meriam Street known as the Old Fire Station Site, as the consideration or part of the con- sideration for the conveyance to the Town of said land of the Trustees of Minute Man Park Realty Trust, or part thereof, authorized by vote under this article to be acquired on behalf of the Town, and said agreement and conveyance by the Town to be upon such other terms and conditions as the Selectmen may determine; and that the sum of $60,000.00 be raised and appropriated therefor. 8 :22 P. M. Mr. Bailey stated that four of the five members of the Board of Selectmen are in favor of this motion. He also stated that, if this article is passed, that he would ask that Article 4 be indefinitely postponed. 8 :25 P. M. Herbert W. Eisenberg moves to strike out after north- easterly by "land of the Town, northwesterly again by said land of the Town, northeasterly again by Depot Place" and substitute therefore the words "a line projected from the Massachusetts Avenue face of the Hunt Block" . 8 :27 P. M. The Moderator called a recess while the Town Counsel checked the amendment as offered by Mr. Eisenberg. 8 :28 P. M. The Moderator called the meeting to order at 8 :29 P. M. Mr. Eisenberg explains his amendment. 8 ;32 P. M. William R. Page serves notice of reconsideration of Article 2. 8 :32 P. M. Article 3. Erik Lund, Chairman of the Planning Board, spoke in Cont. ) favor of the amendment. 8 :38 P. M. Robert H. Kingston stated that the Capital Expenditures Committee were in favor of Mr. Eisenberg' s amendment. 8 :41 P. M. Mr. Eisenberg moved to amend his motion by striking the words "Hunt Block" and substituting therefor the words "1775 Realty Trust Building" . 8 :43 P. M. Mr. Eisenberg' s motion to amend his original motion is declared carried by voice vote. 8 :50 P. M. 289 Article 4 . Presented by Selectman Fred C. Bailey. Article 4. MOTION: That the Selectmen be and they hereby are authorized in the name and on behalf of the Town to enter into an agreement to convey, and to convey, to the Trustees of the Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registry of Deeds, Book 10292, Page 107, the land on Meriam Street known as the Old Fire Station Site, such conveyance to be in considera- tion of the conveyance by said Trustees to the Town of a parcel of land situated on the northeasterly side of Massachusetts Avenue between Meriam Street and Depot Square in Lexington and having a uniform width of 15 feet as measured at right angles between the lines, and said agreement and conveyance to be upon such other terms and conditions as the Selectmen may determine. 9 :03 P. M. Mr. Bailey stated that the Board of Selectmen unanimously favor passage of this motion. 9 :05 P. M. Allan Lee Whitman, Jr. served notice of reconsideration of Article 3. 9 :07 P. M. Article 4. Sumner E. Perlman moved that Article 4 be placed on (Cont. ) the table which was declared lost by voice vote. 9 :19 P. M. Frank T. Samuel moved the previous question which was declared carried by voice vote. 9 :23 P. M. Standing vote on main motion taken as follows: In Favor Tellers Opposed 31 William J. Scouler 10 40 Robert M. Gary 2 42 Joseph 0. Rooney 4 49 Allan Green 8 162 24 Carried 9 :25 P. M. Article 5. Presented by Selectman Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for playground and recreation purposes, and other public purposes, all or any part of the land now or formerly of First Congregational Society in Lexington, said land being located at the corner of Massachusetts Avenue and Clarke Street and described in a deed from Frederick H. Rindge to Clara W. Harrington recorded in Middlesex South District Registry of Deeds, Book 1787, Page 280; and that the sum of $33 ,000.00 be raised and appropriated therefor. 9 :27 P. M. Mr. Kenney said that the Board of Selectmen unanimously favor passage of this motion. 9 :30 P. M. Robert H. Kingston stated that the Capital Expenditures Committee recommends passage of this motion. 9:40 P. M. Edward E. Furash stated that the Appropriation Committee recommend unfavorable action. 9:42 P. M. 290 Article 5. William T. Spencer moved to amend the motion by adding (Cont. ) after the words "and other public purposes" the words "except that the land shall remain open" . 9:43 P. M. Declared lost by voice vote. 9:47 P. M. The original motion, as presented by Mr. Kenney, declared carried unanimously. 9:48 P. M. Article 6. Presented by Lois W. Brown, Chairman of the Planning Board. MOTION: To amend the Zoning By-Law by changing the zoning of the land described below from RS - one family dwelling use to RM multi-family dwelling use and by revising the Zoning Map and Zoning District Map No. RM-4 to show said land described below as RM - multi-family (Approved dwelling district: by /Acting Land bounded SOUTHWESTERLY by the northeasterly Attorney boundary of Lot 6, as- shown on the plan recorded in General, Middlesex South District Registry of Deeds, Book 7738 , Joseph J. Page 22, as plan 659 of 1951, a distance of 147.57 feet; Hurley, June 23, NORTHWESTERLY by Waltham Street, as relocated by the 1971. ) Middlesex County Commissioners in July of 1925, a distance of 55.0 feet; NORTHEASTERLY by a line parallel to and distant 55 feet northeasterly from said northeasterly boundary of Lot 6, a distance of 146.91 feet, more or less; SOUTHEASTERLY by the northwesterly boundary of land formerly of Sarah Eddy Holmes, now of the Town of Lexington, a distance of 55.00 feet. 9:50' P. M. Mrs. Brown presented the. Planning Board Report and stated that the Planning Board recommends passage of this motion. 9 :51 P. M. Main motion, as presented by Mrs. Brown, declared carried unanimously. 9:55 P. M. Article 7. Presented by Robert Cataldo, Chairman of the Board of Selectmen. MOTION: That the Selectmen be and they hereby are authorized to sell and convey to the Lexington Arts & Crafts Society all or any part of a parcel of land on the southeasterly side of Waltham Street, bounded and described as follows: Northwesterly by the southeasterly line of the 1925 County layout of Waltham Street, 33 feet, more or less; Northerly by land of Lexington Arts & Crafts Society, 234 feet, more or less; Northerly again by land of owners unknown, 14.56 feet; Southeasterly by land of the Town, 105 feet, more or less; Southwesterly by said land of the Town, 94 feet, more or less; Northwesterly by land of Hastings, 56 feet, more or less; Southerly by said land of Hastings, 130.72 feet; Southeasterly by said land of Hastings, 30 feet, more or less; and Southwesterly by land of the Town, 1.5 feet, more or less; all as shown and marked "Town Owned Property to be Conveyed to Lexington Arts & Crafts Society" on plan entitled "Boundary Line Base Sheet" , dated May 3 , 1971, by E. Verner Johnson - Robert N. Hotvedt and Associates, Inc. , a copy of which is on file in the office of the Town Engineer; such 291 Article 7. conveyance to be subject to the. Vine Brook sewer and (Cont.) drain easements and upon such other terms and conditions as the Selectmen may determine; that the minimum amount to be paid for such conveyance shall be $1.00; and that the deed shall be in such form as the Selectmen, by their execution thereof, shall approve. 9:57 P. M. Voice vote on this motion was not unanimous, so a standing vote taken as follows: In Favor Tellers Opposed 40 William J. Scouler 0 41 Robert M. Gary 1 45 Joseph 0. Rooney 0 47 Allan Green 0 173 1 More than the required two-thirds having voted in favor, the motion was declared adopted. 10:04 P. M. Article 8. Presented by Thomas G. Taylor. MOTION: That the Standing School Building Committee, appointed under authority of the vote adopted under Article 37 of the Warrant for the 1957 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and speci- fications, to obtain bids, and to enter into a contract or contracts for reconstructing or making extraordinary repairs to the Bowman School roof, together with any other extraordinary repairs of damage caused by leaks in the roof, and to supervise the work; that the sum of $116,000. 00 be appropriated therefor, and to provide for the payment thereof by transfer from the Excess and Deficiency Account. 10:05 P. M. After general discussion, Stillman P. Williams moved the previous question which was declared carried by voice vote. 10:32 P. M. The motion, as presented by Mr. Taylor, declared carried by voice vote. 10:32 P. M. Article 9. Presented by John J. Maguire, Chairman of the School Committee. MOTION: To raise and appropriate the sum of $81,900.00 for the restoration and repair of the Senior High School building that was damaged by fire. 10 :34 P. M. Declared carried by voice vote. 10:45 P. M. Article 10. Presented by Natalie H. Riff in of the Board of Selectmen. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, for conservation 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 the following parcels of land in Lexington adjacent to the Burlington town line: lots 63 and 65B on Assessors ' Property Map 82, believed to be now or formerly of Walter E. Steeves and Isabella Steeves; lot 19 on Assessors' Property Map 86, believed to be now or formerly of Harvey Wheeler; lot 29 on said Map 86 , believed to be now or formerly of John Caldwell; lot 30 on said Map 86 , believed to be now or formerly of Jack J. Moss and Phillip Taylor; lots 30A and 39 on said Map 86, believed to be now or formerly of Middlesex Industrial Park, Inc. ; lot 3 on Assessors' Property Map 89, believed to be now 292 Article 10. or formerly of Raymond Carchia; lot 22 on said Map 89, (Cont. ) believed to be now or formerly of Middlesex Turnpike Industrial Trust; lot 22A on said Map 89, believed to be now or formerly of Jack J. Moss; lot 32 on said Map 89, believed to be now or formerly of Route 3 Associates; and lot 1 on Assessors' Property Map 91, believed to be now or formerly of Thomas C. Wright and Sarah M. Wright; and to raise and appropriate the sum of $35,000.00 therefor. 10:47 P. M. Mrs. Riffin stated that the Board of Selectmen unanimously favor passage of this article. 10 :54 P. M. G. Richard Beamon moved to refer Article 10 to a study committee to be appointed by the Board of Selectmen. Said committee to consist of three members, one of whom shall be a member of the Planning Board, to report at the next town meeting or a special town meeting. 11:05 P. M. Mr. Beamon's motion to amend was declared lost by voice vote, which was doubted, so a standing vote taken as follows: In Favor Tellers Opposed 3 William J. Scouler 34 4 Robert M. Gary 37 25 Joseph 0. Rooney 16 26 Allan Green 23 58 110 Motion to amend, as presented by Mr. Beamon, declared lost. 11 :25 P. M. J. Keith Butters moved the previous question which was declared carried by voice vote. 11 :30 P. M. Mrs. Riffin said that the Appropriation Committee recommended favorable action on this article. 11 :31 P.M. Voice vote on the main motion, as presented by Mrs. Riffin, was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 37 William J. Scouler 1 40 Robert M. Gary 1 30 Joseph O. Rooney 12 34 Allan Green 14 141 28 More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Riffin, was declared adopted. 11:33 P. M. Article 11. Presented by Weiant Wathen-Dunn. MOTION: That the subject matter of Article 11 be referred for study to a committee consisting of nine (9) members to be appointed by the Moderator, of whom at least three (3) shall be registered voters in the Town who are neither employed by the Town nor holders of any Town office, either elective or appointive; said committee to report its conclusions and recommendations to a subsequent Town Meeting not later than the 1972 Annual Town Meeting. 11:33 P. M. (Article 11 as it appears in the warrant for the Special Town Meeting of June 14 , 1971 : ARTICLE 11. To see whether the Town will instruct the Selectmen to petition the General Court for the enactment 2 9 3 Article 11. (Article as it appears in warrant (cont.) . (Cont. ) of legislation, to take effect on the last day of June immediately following its enactment, amending section 2 of chapter 753 of the Acts of 1968 by adding at the end of the said section 2 the following: (i) Appointments of members of the board of appeals, board of assessors, town comptroller, and town counsel shall be effective only after approval by the town meeting, or by a committee of town meeting members established by the town meeting for the purpose of reviewing such appointments. Any vote of the town meeting establishing such a committee shall provide a method for selecting its members from time to time, and shall authorize and direct such committee to meet as required in order to carry out its duties expeditiously. Any such vote may further define the manner in which such committee shall be constituted and shall carry out its duties. ) Weiant Motion, as presented by/Wathen-Dunn declared carried unanimously. 11:36 P. M. Article 12. Presented by Frank Sandy. MOTION: To enlarge the membership of the Conservation Commission, established under the provisions of Section 8C of Chapter 40 of the General Laws of Massachusetts by authority of the vote adopted under Article 9 of the Warrant for the November 25, 1963 Special Town Meeting, from five to seven members. 11:37 P. M. M. Chandler Crocker, II moved to amend the motion by adding at the end the words "each precinct shall have at least one member of the Commission. 11 :42 P. M. Declared lost by voice vote. 11:44 P. M. Standing vote on Mr. Sandy's motion taken as follows: In Favor Tellers Opposed 28 William J. Scouler 5 37 Robert M. Gary 0 18 Joseph 0. Rooney 21 34 Allan Green 5 117 31 Motion, as presented by Mr. Sandy, declared carried. 11 :46 P. M. Article 13. Presented by Mark Moore, Jr. MOTION: To amend the Zoning By-Law by adding a new paragraph number 22.47 under RM DISTRICTS, Geographical Descriptions, the following: "A district on the easterly side of Bedford Street, bounded and described as follows: 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; SOUTHEASTERLY by land now or formerly of Rice, 114 .5 feet; SOUTHWESTERLY by Bedford Street, 75 feet; NORTHERLY by a curved line, 38 feet, more or less; 294 Article 13. NORTHWESTERLY by land now or formerly of Savage, 348 (Cont. ) feet, more or less; SOUTHWESTERLY by land now or formerly of Savage and others, 252.2 feet, more or less; 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. 11:48 P. M. Mark Moore, Jr. and Charles H. Cole, 2nd, Town Meeting Member from Precinct Three and Architect for this project, both stated that they would abstain from voting on Article 13. 11 :49 P. M. Mr. Moore gave an explanation of his project and, with the help of his Attorney, Fred Conroy, showed slides. 11:59 P. M. Lois W. Brown, Chairman of the Planning Board, filed the Report of the Planning Board, and stated that the board unanimously opposed Mr. Moore's proposal. 12 :07 A. M. Mr. Hagopian, Mr. Trunfio, Mr. Lane and Mr. Stepanian, all residents of Carol Lane, spoke from the balcony in opposition. 12:18 A. M. The residents of the area presented a petition with 179 names opposing Mr. Moore's proposal. 12:18 A. M. Manfred P. Friedman moved the previous question which was declared carried by voice vote. 12:25 A. M. Standing vote on Mr. Moore's motion taken as follows: In Favor Opposed Tellers 12 24 William J. Scouler 15 24 Robert M. Gary 23 22 Joseph 0. Rooney 20 26 Allan Green 70 96 Main motion, as presented by Mr. Moore, declared lost. 12 :27 A. M. Robert Cataldo, Chairman of the Board of Selectmen, moved that the meeting be dissolved. Carried Unanimously 12 :28 A. M. 4 c Mary R. McDonough, Town Clerk 2 9 Richard H. Soule, 16 Hancock Street, resigned as a Town Meeting Member in Precinct Three as of July 6, 1971. Doreen D. Plasse, 197 Cedar Street, was moved up, .d has accepted Town Meeting M= tbership in Precinct Three as of July 8, 1971, filling the vacancy caused by the resignation of Mr. Soule. Term expires on March 6, 1972 Wilbur E. Cheever, 268 Bedford Street, Town Meeting M» ber in Precinct Five, died on September 4., 1971. David A. Lavender, 20 Avon Street, was moved up, and has accepted Town Meeting Membership in Precinct Five as of September 21, 1971, filling the vacancy caused by the death of Mr. Cheever. Term expires on March 6, 1972. David Page Norcross, 50 Forest Street, resigned as a Town Meeting Member in Precinct Six as of October 15, 1971. James L. Jones, 4.5 Middle Street, was moved up, and has accepted Town Meeting Membership in Precinct Six as of October 27, 1971, filling the vacancy caused by the resignation of Mr. Norcross. Term expires on March 6, 1972. Robert H. Farwell, 7 Thoreau Road, resigned as a Town Meeting Member in Precinct One as of November 15, 1971. Barry E. Sampson, 337 Massachusetts Avenue, was moved up, and has accepted Town Meeting Membership in Precinct One as of November 17, 1971, filling the vacancy caused by the resignation of Mr. Farwell. Term expires on March 6, 1972. Wilbur M. Jaquith, 42 Somerset Road, resigned as a Town Meeting Member in Precinct Three as of November 24., 1971. Mark Lichtenstein, 9 Auguus Road, was moved up, and has accepted Town Meeting Membership in Precinct Three as of December 2, 1971, filling the vacancy caused by the resignation of Mr. Jaquith. Term expires on March 6, 1972.