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HomeMy WebLinkAbout1970-03-02- to 1970-04-01-ATM-min 1[ 4; ANNUAL TOWN MEETING HELD MARCH 16, 1970 Meeting called to order by the Moderator, Lincoln P. Cole, Jr, at 8t07 P. M. at Cary Memorial Hall. There were 196 Town Meeting Members present. The invocation was offered by Rev. Edward J. Gaudette, Curate at St. Brigid's Church. 8:09 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:10 P. M. The Town Clerk read the Constable's Return of the warrant. 8:10 P. M. Robert Cataldo, Chairman of the Board of Selectmen, asks that the members pause briefly to remember Alden L. Ripley and Robert C. Johnson, two Town Meeting Members who had died since the last Town Meeting. 8:11 P. M. Article 2. Robert M. Gary, Chairman of the Appropriation Committee, states that the tax rate for 1970 will be approximately $65.45 if the recommendations of the Appropriation Committee are followed, Mr. Gary moves that the Annual Report and Supplemental Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Van T. Boughton, Chairman of the Capital Expenditures - Committee, moves that the report of the Capital Expendi- tures Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Stanley A. Brown, Chairman of the Lexington: Hunting Safety Committee, moves that the report of the Lexington Hunting Safety Committee be accepted and placed on file. Carried Unanimously 8:14 P. M. William R. Whalon moves that the report of Regional Refuse Disposal Planning Committee be accepted and placed on file. Carried Unanimously 8:15 P. M. Erik Lund moves that the report of the Subsidized Housing Program for the Town of Lexington, Mass, be accepted and placed on file. Carried Unanimously 8:15 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 8:15 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. (The following items were read by the Moderator. ) Selectmen's Department #1000 Personal a..rvices 32,623.00 1050 Expenses 7,880.00 415 P. M. Town Manager's Office #1060 Personal Services 25,878.00 1065 Expenses 2,500,00 8:16 P. M. 1 48 Article 4. Selecr. ;n's Jurisdiction (Cont. ) #1075 Clerical Labor Pool 8,000,00 1125 Fire & Police Medical 1,000.00 1130 Guides Director 1,000.00 1135 Out of State Travel 421j..00.00 1140 Training & Travel - Out of State 1,885.00 1145 Co .unity Services 250.00 1146 Juvenile Services 11,000.00 8:17 P. M. Town Clerk's Depart, ,nt 1150 Personal Services 27,620.00 1200 . .enses 1,100.00 1250 Vital Statistics 550.00 8:17 P. M. Trustees of Public Trusts 1450 Expenses 450.00 8:17 P. M. Board of Appeals 1500 Personal Services 2,957.00 1550 ' 'wises 1,700.00 8:17 P. M. Plannint Board 1600 Personal Services 21,336.00 1650 Expenses 6,275.00 8:18 P. M. Insurance 1700 Group 135,000.00 1750 icipal Property & Work. Comp. 103,700.00 8:18 P. M. Printin Town Re ort 1760 . .enses 6,500.00 8:18 P. M. Law Department 1775 Fees 33,000.00 1800 Expenses 5,000.00 8:18 P. M. Elections 1900 isdiction Selectmen 18,730.00 1950 Jurisdiction Town Clerk 8,200.00 8:18 P. M. Board of Registrars 2000 Personal Services 5,600.00 2050 Expenses 5,775.00 8:18 P. M. A ropriation ittee 2250 senses 4,900.00 8:19 P. M. Capital ' . .enditures Co , ,ittee 2300 Expenses 150.00 8:19 P. M. 1 ,49 Article 4. Standing School Building Co ittee (Cont. ) #2350 Expenses 50.00 8:19 P. M. Permanent Building 0.4,, ttee 2360 Expenses 500.00 8:19 P. M. Town Celebrations Co ,. ttee 2402 Expenses 5,900.00 8:19 P. M. Historic Districts Co, ' ssion 2450 Expenses 1,600.00 8:19 P. M. Conservation C. 'ission 2460 .onses 1,100.00 8:20 P. M. Recreation Committee 2470 Personal Services 47,000.00 Fir s . Sandy moves that the fi: e of $47,000.00 be deleted and substitute therefor the figure $47,950.00. 8:20 P. M. Voice vote on Mr. Sandy's motion was doubted, so standing vote was taken as follows: In Favor Tellers Opposed 10 Robert H. Kingston 34 29 Robert A. Bittenbender 10 25 Donald M. Grail: * 11 32 Temple E. Scanlon 27 96 8:25 P. M. 82 Mr. Sandy's motion to ; end item #2470 declared carried and now reads as follows: 2470 Personal Services 47,950.00 2480 senses 10,860.00 8:25 P. M. Treasurer's Department 2500 Personal Services 14,260.00 2525 Expenses 800.00 2575 Foreclosure & Redemption 1,500.00 8:27 P. M. Collector's Department 2650 Personal Services 23,338.00 2700 senses 2,500.00 8:27 P. M. Comptroller 2800 Personal Services 56,902.00 2850 Do •onses 2,100.00 292 Office Machines - Capital Outlay 6,510.00 2930 Office Machines - Maint. & Repair 4,640.00 2935 Office Services - Copier Supplies 2,000.00 2940 Metered Mail 7,300.00 8:28 P. M. I. 50 Article 4. Assessorst Department (Cont. ) #2950 Personal Services 38,500.00 3000 senses 2,500.00 3025 Professional Services 1,000.00 8:28 P. M. Health Department - 3250 Personal Services 23,713.00 3300 enses 9,500.00 3385 ineering 700.00 3400 Animal Inspection 1,14.58.00 3450 Rabies Clinic 1,220.00 8:28 P. M. Police Department 3750 Personal Services 599,735.00 (Of which $6,000.00 is to be transferred from the Parking Meter Fund. ) 3800 Expenses 73,000.00 3900 Parking Meter Maintenance 3,000. 00 (Of which $3, 000.00 is to be transferred from the Parking Meter Fund. ) 8:28 P. M. DOG Officer 4000 Personal Services 7,664.00 4050 Expenses 1,200.00 8:29 P. M. Fire Department 4100 Perso. -1 Services 578,341,00 4150 Expenses 43,990.00 4200 Ambulance Maintenance 850.00 4250 Forest Fires 100.00 8:29 P. M. Civil Defense 4300 Personal Services 9,780.00 Paul J. MacKenzie moves to amend the Civil Defense Budget as follows: 4300 Delete: $9,780.00 Substitute: $40.00.00 4350 Delete: 6,500.00 Substitute: 2,700.00 4360 Delete: 500. 00 Substitute: 200.00 8:30 P. M. The Moderator states that if there are any objections, the items to be amended will be taken up separately. There were objections, so the Moderator states that each item would be taken up separately. The Moderator states that the motion on the floor at this time is to tend item #4300 by striking the fi e $9,780.00 and substituting therefor the figure 4,100.00. The motion to = . :nd item #4300, as offered by Mr. MacKenzie, is declared lost by voice vote. 8:36 P. M. Mr. MacKenzie withdraws his second and third motions (to end items 4350 d 4360). -- 8:37 P. M. - Robert Cataldo moves for reconsideration of item #2470 which was declared lost by voice vote. 8:42 P. M. Article 4. Civil Defense (Cont. ) 4300 Personal Services $ 9,780.00 4350 enses 6,500.00 4360 Civil Defense .. Auxiliary Fire 500.00 8:42 P. M. Inspection Department 4450 Personal Services 34,722.00 4500 Expenses 1,900.00 8:43 P. M. Weights & Measures 4600 Personal Services 1,500.00 4650 senses 450.00 8:43 P. M. Public Works Department 4900 Personal Services 639,500.00 8.43 P. M. Public Works - Sup t ts. Office 4950 Personal Services 65,258.00 5000 Expenses 1,700.00 8:43 P. M. E ineeri Department 5100 Personal Services 148,680.00 5150 Expenses 7,000.00 8:43 P. M. Town Offices & Ca Memorial Buildin 5200 Personal Services 24,719.00 5250 Expenses 26,300.00 8:43 P. M. Public Works Building, 5350 Expenses 20,300.00 8:43 P. M. Highway Maintenance 5400 Expenses 105,150.00 (Of which $1,000. 00 is to be transferred fr. the Parking Meter Fund. ) 8•.44 P. M. Road Machinery 5450 a+: senses 71 450.00 8.44 P. M. Snow Removal 5500 senses 80,000.00 (Of which $3,300.00 is to be transferred from the Parking Meter Fund. ) :44 P. M. Traffic Regulation & Control 5550 Expenses 8,000.00 8:44v P. M. Street Lights 5600 senses 110,000.0o 8:44 M. 152 Article 1 . Street Signs (Cont. ) #5650 Expenses 2,900,00 8:45 P. M. Sewer Maintenance 5700 Expenses 31,110,00 8:45 P. M. Sewer Services 5750 enses 9,500.00 8:45 P. M. Garba:e Collection 5800 •enses 690167.00 8:45 P. M. Sanitary Land Fill 5850 Expenses 46,700.00 8:45 P. M. Water Maintenance 5900 .enses 389000.00 8:45 P. M. Water Services 5950 Expenses 10,500,00 8:45 P. M. Park Depa ent 6000 Expenses 36,680,00 8:45 P. M. Insect Suppression 6050 Expenses 39000.00 8:45 P. M. Shade Tree 6100 Expenses 13,400.00 8:45 P. M. Dutch Elm 6150 .enses 5,500.00 8:45 P. M. Public Facilities Building 6200 .enses 20050,00 8:46 P. M. Veterans Benefits 7100 Personal Services 7,080.00 7150 Expenses 1,300,00 7200 Aid & Expenses 51,500.00 8:46 P. M. Graves Registration 7250 Expenses 350.00 8:46 P. M. Soldiers Burials 7300 .enses 250.00 8:46 P. M. 1IL?Q�e� Article 4. Cemeter! De.artment (Cont. ) #7350 Personal Services $ 58,753.00 (Of which $10,000.00 is to be transferred from the Westview Perpetual Care Fund. ) 8:46 P. M. 7400 Expenses 7,500.00 (Of which $1,000.00 is to be transferred from the Westview Sale of Lots d. ) 8:46 P. M. Cary Memorial Library 7500 Personal Services * 212,235.00 Robert M. Gary, Chairman of the Appropriation Coo= .ttee, moves that the penci: g motion, as it refers to Account No. 7500, Library Personal Services, be amended by substituting for the fi. e $212,235. the fi e of $210,635. 8:47 P. M. Elizabeth H. Clarke speaks for the Library Trustees against the amendment. 8:50 P. M. The •endment, as offered by Mr. Gary, is declared carried by voice vote. 8:52 P. M. 7500 Personal Services * 210,635.00 7550 .enses ** 70,700.00 * $6,922.75 is also available as State Aid to Libraries. ** To which will be added $2,798.09 received from the County-Dog License Fees. 8:52 P. M. Board of Retire .nt 7800 Accrued & Normal Liability 130,000.00 7850 enses 2,190.00 8:52 P. M. School Operation 7900 Personal Services .. 8,376,570.00 7925 *'i enses 1,276,831.00 7950 Out of State Travel 12.,300.00 7960 Vocational Education 10,180.00 7970 Athletics 98,164.00 000 Adult Education 7,308.00 * To which the sum of $82,666.00 in available and anticipated P.L6 , 864, P.L. 8�4, ESEA P.L. 89-10, and State METCO funds is to be applied, and the balance is raised and appropriated under this Article. 8:57 P. M. Debt Payment 8500 Interest on Debt 295,527.00 8525 Interest on Anticipation Loans 115,000.00 855o Maturing Debt 1,071,000.00 8:58 P. M. Article 4, as R. nded, declared carried unanimously. 9:03 P. M. 154 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, 1970 and January 1, 1971, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chaptc.r 44, Section 1E., and to renew any note or notes as may be given for a periodct less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried Unanimously 9:05 P. M. Article 6. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:05 P. M. Article 7. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $3,616.23 to pay the unpaid bill for prior year of the following account: INSURANCE - MUNICIPAL PROPERTY & WORKMEN'S COMPENSATION Brewer & Lord - $3,616.23 Carried Unanimously 9:07 P. M. Article 8. Presented by Robert Cataldo. MOTION: To appropriate $125,000.00 for the Reserve Fund and to provide for the payment thereof by the transfer of $37,200. 00 from the Reserve Fund - Overlay Surplus and by raising the balance of . 87,800.00 in the current tax levy. Carried Unanimously 9:07 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 1970. Carried Unanimously 9:07 P. M. Article 10. Presented by Robert Cataldo. MOTION: That the sum of $24,610,00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $12,490.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 9:08 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 L A of Chapter 41 of the General Laws. Carried Unanimously 9:08 P. M. Article 12. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:08 P. M. 155 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 1971 Annual Town Meeting. Carried Unanimously 9:08 P. M. Article 14. Presented by Robert Cataldo; MOTION: That this article be indefinitely postponed. Carried Unanimously 9:09 P. M. Article 15. Presented by Robert Cataldo. MOTION: That the sum of $4,000.00 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 9:09 P. M. Article 16. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to raise and appropriate the sum of $5,000.00. Carried Unanimously 9:10 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 un- accepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926,. as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate therefor the sum of $20,000.00. Carried by voice vote. 9:18 P. M. Article18. 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 raise and appropriate I' for such installation and: land acquisition the sum of $20,000.00. Carried Unanimously 9:19 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 *45,000. 00. Carried by voice .vote. 9:20 P. M. ,.--,.tee,,.,., ..._..,... ....._> .,....,. e,. ,. ,, .,.. ,., _....... .. ........ _..,...I,. ...,,,.,... ..,— .., _._.. _ 156 Article 20. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, 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 $600, 000.00, and to provide for the payment thereof by the transfer of $400,000.00 from the. Excess and Deficiency Account and by raising the balance of $200,000.00 in the current tax levy. Carried Unanimously 9:22 P. M. Article 21. Presented by Robert Cataldo. . MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers 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, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate therefor the sum of $50,000.00, Carried Unanimously 9:24 P. M. Ephraim Weiss serves notice of reconsideration of Article 17. 9:25 P. M. Article 22. Presented by Robert Cataldo. MOTION: That the sum of $6,000.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 9:25 P. M. Article 23. Presented by Robert Cataldo. MOTION: That the sum of$60,000.00 be raised and appropriated for the reconstruction of all or any part of East Street from Lowell Street to Grant Street under Chapter 90 highway construction. Carried by voice vote. 9:30 P. M. Article 24. Presented by Robert Cataldo. MOTION: To appropriate the sum of $72,200.00 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. Carried Unanimously 9:33 P. M. Article 25. Presented by Robert Cataldo. MOTION: TO enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Department of Public Works when used on various projects carried on under the direction of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:33 P. M. Article 26. Robert Cataldo moves that this article be tabled. Carried by voice vote. 9:34 P. M. 157 Article 27. Presented by Robert Cataldo. MOTION: That the sum of $8,789.00 be raised and appropriated to be expended under the direction of the Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 123 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. Carried Unanimously 9:35 P. M. Article 28. presented by Robert Cataldo. MOTION: To appropriate the sum of $6,922.75 received in 1970 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 9:35 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 raise and appropriate therefor the sum of $5,000.00. Carried by voice vote. 9:37 P. M. Article 30. Presented by Robert Cataldo. MOTION: That the sum of $10,000.00 be raised and appropriated under the authority of Chapter 570 of the Acts of 1962, to be expended by the Selectmen for reimbursing subdividers for part of the cost of con- structing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, or a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board. Carried by voice vote. 9:38 P. M. Article 31. Presented by Robert Cataldo. MOTION: To establish the salaries and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes for the period January 1, 1970 through March 31, 1970 at the following annual rates: Town Clerk $12,300.00 Town Treasurer 1,500.00 Town Collector of Taxes 8,600.00 and to raise and appropriate therefor the sum of $5,600.00. Carried Unanimously 9:38 P. M. Article 32. Allan F. Kenney moves that this article be tabled. Carried by voice vote. 9:40 P. M. Article 33. Allan F. Kenney moves that this article be tabled. Carried Unanimously 9:40 P. M. Article 34. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried by voice vote. 9:40 P. M. 158 Article 35. Robert Cataldo moves that this article be tabled. Carried Unanimously 9:42 P. M. Article 36. Presented by Robert Cataldo. MOTION: That no action be taken under this article. Carried by voice vote. 9:43 P. M. Article 37. Presented by Robert Cataldo. MOTION: That the Permanent Building Committee appointed under the authority of the Vote adopted under Article ?3 of the Warrant for the 1967 Annual Town Meeting be . and hereby is authorized to retain professional services to prepare preliminary plans and specifications for remodeling of and additions to the Cary Memorial Library building and that the sum of $11,000.00 be raised and appropriated therefor. Carried by voice vote. 9:43 P. M. Article 38. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,625.00 for painting the exterior trim of the Branch Library and the sum of $3,200.00 for installing carpeting on the main floor of the Branch Library. Carried Unanimously 9:44 P. M. Article 39. Presented by Robert Cataldo. MOTION: That this article .be indefinitely postponed. . Carried Unanimously 9:45 P. M. Article 40. Presented by 'Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:46 P. M. Article 41. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum_ .of $1,200.00 for the purchase of a new leaf vacuum. Carried by voice vote. 9:47 P. M. Article 42. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $13,000.00 for the purchase by the Selectmen of a new ambulance and that, in addition, the Selectmen be and they hereby are authorized to turn in the present ambulance to apply toward the purchase price. Carried by voice vote. 9:47 P. M. Article 43. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $1,000.00 to be expended by the Board of Health to make a prelimir4 ary engineering survey of the Town of Lexington water supply system to determine -the cost of 'implementing the order of the 'Board of Health, issued on April 17, 1969, "that the fluoride content of the Town of Lexington public water supply be increased to 1.0 part per million". Carried by voice vote. 9:51 P. M. Article 44. Presented by Robert Cataldo. MOTION: To extend to the 1971 Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report. Carried Unanimously 9:53 P. M. Robert V. Whitman moves to take Article 3S from the table which was carried by voice vote. 9:54 P. M. Lloyd S. Beckett, Jr. moves for a five minute recess which was carried by voice vote. 9:55 P. M. The meeting was again called to order by the Moderator at 10:05 P. M. Article 35. Presented by Robert V. Whitman. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized on behalf of the town to retain professional services and prepare final plans and specifications and to obtain bids for the construction and original equipping and furnishing of a new Junior High School on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes under the authority of the vote adopted under Article 3 of the Warrant for the Special Town Meeting of June 7, 1965, and to appropriate therefor the sum of $175,000.00 to be raised in the current tax levy. 10:08 P. M. Mr. Cataldo states that the Board of Selectmen unanimously supports this article. 10:14 P. M. Carried Unanimously 10:14 P. M. Article 45. Presented by Robert Cataldo. MOTION: That the construction of a new housing project by the Lexington Housing Authority, namely, a project for the housing of elderly persons of low income, consisting of not more than 50 dwelling units, pursuant to the provisions of Chapter 667 of the Acts of 1954, and all acts in amendment thereof and in addition thereto, to be known as State-Aided Housing Project 667-2, be and hereby is approved. 10:15 P. M. John R. Holt serves notice of reconsideration of Article 42. 10:16 P. M. Roland B. Greeley states that the Committee on Suburban Responsibility is unanimously in favor of this article. 10:22 P. M. Motion, as presented by Mr. Cataldo, under Article 45 was declared unanimously. 10:29 P. M. carried Article 46. Robert Cataldo moves that this article be tabled. Carried Unanimously 10:30 P. M. Article 47. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are author- ized to purchase seven voting machines; and to raise and appropriate the sum of $11,328.00 therefor. 10:30 P. M. Robert M. Gary states that the Appropriation Committee is in favor of this article. Carried Unanimously 10:33 P. M. 1 0 Article 48. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $120,000,00 as a supplementary appropriation to be used in conjunction with and in addition to the money appropriated, in the vote adopted under Article 44 of the Warrant for the 1962 Annual Town Meeting for acquisition of the land described in the votes adopted under Articles 42, 43 and 44 of said 1962 Annual Town Meeting. 10:33 P. M. After general discussion, Richard I. Miller moves the previous question which was carried by voice vote. 10:57 P. M. Voice vote, on the main . .tion, was not unanim• s, so a standing vote was taken as follows: In Favor Tellers Opposed 39 Robert A. Bittenbender 2 35 Donald M. Grail:, 48 Temple E. Scanlon 32 Robert H. Kingston 8 154 20 Main motion, as presented by Mr. Cataldo, declared carried. 11 P. M. Robert Cataldo moves to adjourn the Town Meeting to Wednesday, March 18, 1970 at 7:30 P. M. at Cary Memorial Hall. The Moderator thanks the scouts, both boys and girls, of corer Post 122 for manning the, microphones. Mr. Cataldo's motion to adjourn to Wednesday, March 18, 1970 at 7:30 P. M. was declared carried unanimously. 11:01 P. M. 7,7 Town Clerk I II) I( ADJOURNED TOWN MEETING HELD MARCH 18 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:43 P. M. at the Cary Memorial Hall. There were 190 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 7:44 P. M. Article 49. Presented by Robert Cataldo. MOTION: To accept and establish a building line on Massachusetts Avenue from the easterly boundary line of the premises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered (See 1654-1656 Massachusetts Avenue, said building line being Page 192) parallel to and distant 15 feet southerly from the southerly side line of the 1916 County Layout of Massa- chusetts Avenue, all as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1970, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary for the establishment of said building line; to accept and establish a building line on the entire length of the easterly side of the 1956 Town Layout of Wallis Court, said building line being parallel to and distant 7.5 feet easterly from the easterly side line of said Wallis Court, and a building line on the entire length of the westerly side of said Wallis Court, said building line being parallel to and distant 7.5 feet westerly from the westerly side line of said Wallis Court, all as laid out by the Selectmen and shown upon said plan on file in the office of the Town Clerk, dated January 19, 1970; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building lines; and to raise and appropriate the sum of $12,000.00 for the establish- ment of said building lines and for said land acquisitions. 7:46 P. M. After general discussion, a standing vote was taken as follows: In Favor Tellers Opposed 26 Homer J. Hagedorn 11 17 Donald R. Grant 18 29 Robert H. Kingston 16 2�! Temple E. Scanlon. 22 96 67 Main motion declared carried. 8:05 P. M. Article 50. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are author- ized to install or remodel traffic control signals at such locations as they may determine; and to raise and appropriate therefor the sum of $25,000.00. Carried Unanimously 8:08 P. M. Ephraim Weiss moves to take up Articles 51 through 55 together. 8:08 P. M. The Moderator states that they can be discussed together but must be voted on separately. Mr. Weiss withdraws his motion and moves that Articles 51 through 55 be taken up together for the purpose of discussion. Declared lost by voice vote. 8:09 P. M. 16 2. Article 51. Presented by Robert Cataldo. MOTION: To raise and approprite the sum of $25,000.00 for the further development of the so-called dump area on Lincoln Street. 8:10 P. M. Erik Lund states that the Planning Board unanimously favors passage of this article. 8:25 P. M. J. Keith Butters moves the previous question which was declared,carried by voice vote. 8:26 P. M. Main motion declared carried by voice vote. 8:26 P. M. Article 52. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $7,000.00 for the further development of the Harrington School Playground. Carried Unanimously 8:27 P. M. Article 53. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Garfield Street. Carried by voice vote. 8:27 P. M. Article 54. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $11., 000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located at Estabrook School. Carried by voice vote. 8:28 P. M. Article 55. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $8,000.00 for the lighting of four tennis courts at the Center Playground. 8:28 P. M. Robert E. Bond, Chairman of the Recreation Committee speaks in favor of the article. 8:3L1. P. M. Main motion declared carried by voice vote. 8:35 P. M. Robert Cataldo moves that Article 26 be taken off the table. Carried by voice vote. 8:36 P. M. Article 26. Presented by Robert Cataldo. MOTION: That the sum of $9,600.00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section I A. of Chapter 252 of the General Laws. 8:36 P. M. Mr. Cataldo asks permission for Mr. Armstrong of the Mosquitos Control Commission to be recognized. 8:36 P. M. Permission is given and Mr. Armstrong explains the article and answers questions. 8:51 P. M. Paul G. Yewell moves the previous question which was declared carried by voice vote. 8:52 P. M. Main motion declared carried by voice vote. 8:52 P. M. Article 56. Presented by Allan F. Kenney. MOTION: That Articles 56 to 72, inclusive, be taken up together. Carried Unanimously 8:52 P. M. Article 56. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way Augustus Road from Reed Street a distance of 1396 feet, more or less, southwesterly to Vaille Avenue, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:53 P. M. Erik Lund states that the Planning Board recommends the layout of this street and presents the Planning Board Report covering this article. 8:53 P. M. Main motion carried unanimously. 8:53 P. M. Article 57. Presented by Allan F. Kenney, MOTION: To establish as a town way and accept the lay- out of as a town way Hickory Street from Garfield Street a distance of 1012 feet, more or less, southeasterly and easterly to Kimball Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. 8:54 P. M. Erik Lund presents the Planning Board Reports for Articles 57 through 74 inclusive and states that in each article the Planning Board recommends the layout of each street. 8:55 P. M. Main motion carried unanimously. 8:55 P. M. Article 58. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Vaille Avenue from the previously accepted portion a distance of 1120 feet, more or less, westerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:55 P. M. The Moderator states that the Planning Board Report covering this article is on file. 8:55 P. M. Main motion carried unanimously. 8:55 P. M. Article 59. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Blinn Road from Hickory Street a distance of 447 feet, more or less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:56 P. M. The Moderator states that the Planning Board Report covering this article is on file. 8:56 P. M. Main motion carried unanimously. 8:56 P. M. 164 David Page Norcross raises the question of a quorum being present. The Moderator asks the tellers to take a count, which was done as, follows: Tellers Count Homer J. Hagedorn 29 John R. Holt 21 John F. Cogan, Jr. 20 Ernest A. Giroux 31 101 The presence of one hundred members constitutes a quorum, therefore, the Moderator declares that there is a quorum present. 8:57 P. M. Article 60. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Shaw Place from Augustus Road a distance of 276 feet, more or less, northwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:58 P. M. The Moderator states that the Planning Board. Report covering this article is on file. 8:58 P. Ms Main motion carried unanimously. 8:58 P. M. Article 61. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:58 P. M. Article 62. Presented by Allan F. Kenney. NOTION: To establish as a town way and accept the lay- out of as a town way Mason Street from Pleasant Street a distance of 1332 feet, more or less, easterly and southeasterly to previously accepted portion, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 8:59 P. M. The Moderator states that the Planning Board Report covering this article is on file. 8159 P. M. Main motion carried unanimously. 8:59 P. M. Article 63. Presented by Allan F. Kenney* MOTION: To establish as a town way and accept the lay- out of as a town way White Pine Lane from Mason Street a distance of 763 feet, more or less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town -Clerk, dated _ January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9 P. M. Main motion carried unanimously. 9 P. M. 1 .64 Article 64. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way Saddle Club Road from Grant Street a distance of 1165 feet, more or less, north- easterly to the previously accepted 'portion, as laid out by the Selectmen and shOwn upon a plan on file in the office of the Town Clerk dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any foe, easement or other interest in land necessary therefor. 9:01 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:01 P. H. Main motion carried unanimously. 9:01 P. M. Article 65. Presented by Allan F. Kenney,. MOTION: To establish as a ,town way and accept the lay- _ oUt' of as a-town way Oak Park Circle from Saddle Club Road a distance of 505 feet, more or less, northerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen'to-take by eminent domain, purchase or Otherwise acquire any fee, easement or Other' interest'in'land neceSsary-therefor. 9:02 P. H. The Moderator states that the Planning Board Report covering this article is on file. 9:02 P. M. Main motion carried unanimously. 9:02 Article 66. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Carol Lane from Bedford Street a distance of 700 feet, more or less, northeasterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk; dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:02 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:02 P. M. Main motion carried unanimously. 9:02 P. M. Article 67. Presented by Allan F. Kenney. MOTION: To establish as a town way and, accept the lay- out of as a town way Paddock Lane from Fallen Road a distance of 645 feet, more or less, southwesterly to end, as laid out by the Selectmen and Shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchaseor otherwise acquire any fee, easement or other Interest in land necessary therefor. 9:03 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:03 P M. Main motion carried unanimously. 9:03 P. M. • 66 Article 68. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Emerson Road from near Diamond Road a distance of 1380 feet, more or less, easterly to a distance of 337 feet, more or less, beyond Angier Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:03 P. M. The Moderator states the Planning Board Report covering this article is on file. 9:03 P. M. Main motion carried unanimously. :0 9. 3 P. M. Article 69. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Diamond Road from Grove .;Street a distance of 1297 feet, more or less, northeasterly and northerly to Emerson Road, as laid out by the Selectmen and shown upon a plan.on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take .by ,eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. ' 9:04 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:04. P. M. Main motion carried unanimously. 9:04 P. M. Article 70. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Angier Road from Burlington Street a distance of 799 feet, more or less, northeasterly to Emerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise. acquire any fee, easement or other interest in land necessary therefor. 9:05 P. M. The Moderator states that the Planning Board Report covering this " article is on file. 9:05 P. M. Main motion carried unanimously. 9:05 P. M. Article 71. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way bite Terrace from Diamond Road a . distance of 425 feet, more or less, northwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:05 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:05 P. M. Main motion carried unanimously. 9:05 P. M. 6 ri Article 72. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way Bloomfield Street from 100 feet, more or less, beyond Minola Road a distance of 436 feet, more or less, westerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to auth- orize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:06 P. M. The Moderator states that the Planning Board Report covering this article is on file. 906 P. M. Main motion carried unanimously. 9:06 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 56 to 60, inclusive, and 62 to 72, inclusive, the sum of $1,500.00. Carried Unanimously 9:07 P. M. Article 73. Presented by Allan F. Kenney. MOTION: That Articles 73 to 75, inclusive, be taken up together. Carried Unanimously 9:08 P. M. Article 73. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Bloomfield Street from Highland Avenue a distance of 350 feet, more or, less, westerly to beyond Minola Road, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 29,. 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:08 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:08 P. M. Main motion carried unanimously. 9:08 P. Article 74. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Minola Road from Bloomfield Street a distance of 105 feet, more or less, northerly to the previously accepted portion, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 290 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:08 P. M. The Moderator states that the Planning Board Report covering this article is on file. 9:08 P. N. Main motion carried unanimously. 9:09 P. M. Article 75. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Downing Road from Marrett Road a distance of 1050 feet, more or less, northwesterly to Outlook Drive, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:10 P. M. Erik Lund states that the Planning Board had previously made a report covering this article to the Board of Selectmen unanimously favoring the layout of Downing Road. 9:10 P. M. Herbert W. Eisenberg presents the following motion: "Insert words "planning of" before the word "construction" wherever it appears and amend the amount requested to $50200. 00. " 9:13 P. M. The Moderator states that the motion offered by Mr. Eisenberg is out of order. 9:13 P. M. After general discussion, Donald E. Nickerson moves the previous question which was declared carried by voice vote. 9:32 P. N. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 9:33 P. N. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 73 to 75, inclusive, the sum of $72,000.00. 9:33 P. M. Stillman P. Williams serves notice of reconsideration of Article 26 but the time has gone by as Article 26 was passed at 8:52 P. M. 9:33 P. M. Frank Sandy moves to amend the motion of Mr. Kenney by striking the figure $72,000.00 and substituting therefor the figure $7,200.00. 9:36 P. M. Martin A. Gilman moves to amend Mr. Sandy's motion by striking the figure S7,200.00 and substituting therefor the figure $250200.00. 9:45 P. M. Voice vote on Mr. Gilman's motion was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 21 Homer J. Hagedorn 20 25 Donald R. Grant 13 15 Robert H. Kingston 29 20 ' Temple E. Scanlon 26 81 88 Amendment, as offered by Mr. Gilman, declared lost. 9:L8 P. M. � lJ 9 Article 73-75 inc. (Cont. ) Amendment, as offered by Mr. Sandy, declared lost by voice vote. 9:50 P. M. Motion as presented by Mr. Kenney: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 73 >to 75, inclusive, the sum of $72,000.00. Carried by voice vote. 9:50 P. M. Article 76. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $20,000.00 as a supplementary appropriation to be used in conjunction with and in addition to the money appropriated in the vote adopted under Article 44 of the Warrant for the 1969 Annual Town Meeting for construction of ways accepted in the votes adopted under Articles 42, 43 and 44 of said 1969 Annual Town Meeting and for acquisition of land or interests therein for said ways.( 9:50 P. M. Carried Unanimously 9:52 P. M. Article 77. Stanley A. Brown moves that this article be tabled. Carried Unanimously 9:53 P. M. Article 78. Stanley A. Brown moves that this article be tabled. Carried. Unanimously 9:53 P. M. Article 79. ,Stanley A. Brown moves that this article be tabled. Carried. Unanimously 9:54 P. M. Article: 80. .Presented. by Stanley A. Brown. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:54. P. M. Article 81. Presented by Stanley A. Brown. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:55 P. M. Article 82. Presented by Roland B. Greeley. MOTION: To amend the General By-Laws by inserting in ARTICLE XXI thereof .a new Section 2, to read as follows: SECTION 2. Any board, officer, committee, or other agency of the Town, which acts on behalf of the Town in making or supervising any contract, in an amount exceeding the sum of one hundred thousand dollars ($100,000.00) for (Approved the purchase of goods or services, or for the construction, by renovation, or repair of buildings, may make arrangements Attorney with contractors and other interested agencies for special General, programs of recruitment and training in connection with Robert H. the work to be performed on such contracts, with the Quinn, objective of promoting equal employment opportunity for July 7, members of minority groups protected by the fair employ- 1970) ment laws of the Commonwealth and the United States. Any such board, officer, committee, or other Town agency may expend Town funds in carrying out such arrangements and programs or in compensating contractors for carrying them out provided that appropriations specifically designated for such purposes have been voted by the Town Meeting. Undertakings by contractors to carry out such arrange- ments or programs may, when appropriate, be embodied in requirements, to be included in contracts, that con- tractors engage in such recruitment, training, and employ- ment as a part of the work to be performed, or in collateral agreements with contractors. 9:56 P. M. � 70 Article 82. Frank I. Michelman gives an explanation of the articles (Cont. ) 9:58 P. M. Roland B. Greeley states that the Commission on Suburban Responsibility and the Board of Selectmen endorse this article. 10 P. M. John J. Seitz makes the following motion: To amend the text of the proposed new Section 2, Article XXI, of the General By-Laws by substituting therein, in the first and last occurrences, the word "shall" for the word "may", and by striking the words "when appropriate" therefrom, the amended text to read substantially as follows: Section 2. Any board, officer, committee, or other agency of the Town, which acts on behalf of the Town in making or supervising any contract, in an amount exceeding the sum of one hundred thousand dollars, (100,000.00) for the purchase of goods or services, or for the construction, renovation, or repair of buildings, shall make arrangements with contractors and other interested agencies for special programs of recruitment and training in connection with the work to be performed on such contracts, with the objective of promoting equal employment opportunity for members of minority groups protected by the fair employment laws of the Commonwealth and the United States. Any such board, officer, committee, or other. Town agency may expend Town funds in carrying out such arrangements and programs or in compensating contractors for carrying them out provided that appropriations specifically designated for such purposes have been voted by the Town Meeting. Under- takings by contractors to carry out such arrangements or programs shall be embodied in requirements, to be included in contracts, that contractors engage in such recruitment, training, and employment as a part of the work to be performed, or in collateral agree- ments with contractors. 10:01 P. M. Roland B. Greeley, Arthur T. Bernier and Frank I. Michelman oppose the motion as offered by Mr. Seitz. 10:07 P. M. Mr. Seitz's motion to amend declared lost by voice vote. 10:07 P. M. After general discussion, James Cataldo moves the previous question which was declared carried by voice vote. 10:27 P. M. Main motion, aspresented by Mr. Greeley, declared carried by voice vote. 10:28 P. M. Article 83. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for the enact- ment of a law authorizing a board making an order for the construction of a new sidewalk or the reconstruction of a sidewalk with material of more permanent character than that with which it was originally constructed to provide for the assessment of a reasonable amount, not exceeding one-half the cost thereof computed by multiplying the total length of the sidewalk by the average cost per linear foot of all sidewalks constructed t Article 83, in the Town during the three years next preceding the (Cont. ) year in which the construction of the sidewalk is commenced, upon the abutting estates, which term shall include such estates on both sides of the way in which the sidewalk is constructed as the Select zn determine to be specially benefited by the sidewalk. Carried by voice vote. 1031 P. M. Robert Cataldo moves that the meeting be adjourned to Monday, March 23, 1970 at 8 P. M. at the Cary Memorial Hall. Carried by voice vote. 10:32 P. M. Town Clerk ADJOURNED TOWN MEETING HELD MARCH 23 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:10 P. M. at the Cary Memorial Hall. There were 196 Town Meeting Members present, The Invocation was offered by Richard K. Eaton, Town Meeting Member and a member of the School Committee. 8:11 P. M. Article 2. Allan F. Kenney presented a report of the Town Office Building Committee stating that the bids are in but are higher than anticipated. The Committee will have recommendations and a report on alternate courses of action for presentation to the Town Meeting on Wednesday. Carried Unanimously 8:13 P. M. David Reiner moves that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Article 84. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out in the definition of FLOOR AREA in Section 40 thereof the word "attic", by inserting in place thereof the word "other", by inserting the words "and of" following the word "garages", and by adding at the end of said (Approved definition of FLOOR AREA the following new sentence: Attorney "In the absence of information as to what portion of a General,, building will be used for such storage and services, Robert H. 80% of the aggregate floor area shall be used for the Quinn determination of the required off-street parking" so Jays that said definition shall read as follows: 1970) FLOOR AREA: The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot measured from the exterior faces of walls enclosing each building, exclusive of garages, and of cellar, basement and other areas used only for storage or for services incidental to the operation or maintenance of such building or buildings. In the absence of information as to what portion of a building will be used for such storage and services, 80% of the aggregate floor area shall be deemed to be the floor area for the purposes of computing the required off- street parking. 8:15 P. M. Mr. Worrell states the Planning Board recommends unanimously the adoption of this article and files the report of said committee covering Article 84. Main motion carried unanimously. 8:17 P. M. Article 85. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out the words "No requirement" in the column entitled REQUIRED PARKING opposite the district designation CB in the table 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING, by sub- stituting in place thereof the words "1 parking space per 150 s.f. or fraction thereof for any floor space built or added after April 1, 1970, but only to the extent that such floor space so built or added increases the floor area existing on April 1, 1970a" and by adding at the end of said table 32.1 a footnote a reading as follows : Article 85. a. Such parking space shall be in addition to the (Cont. ) space on the lot dedicated to parking, which existed on or prior to April 1, 1970, and which did not exceed one parking space per 150 s.f. floor area existing on that date, but the Board of Appeals may grant special permits for the provision of fewer parking spaces than required hereby, whenever it appears that the existing off-street parking area serving a building or a municipal off-street parking area, located within 400 feet of such new or added floor area and accessible without crossing any major street carrying more than two lanes of traffic, would provide a part or all of the required parking for such new or added floor area. 8:18 P. M. Mr. Worrell files the Report of the Planning Board covering this article and states that the board recommends adoption of Article 85. 8:21 P. M. After general discussion, a standing vote was taken on the main motion as follows: In Favor Tellers Opposed 21} Homer J. Hagedorn 19 1 Martin A, Gilman 35 8 Stephen T. Russian 44 29 J. S. Nason Whitney 1_) 77 112 Main motion declared lost. 8:46 P. M. Article 86. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law by striking out the CB districts 23.95 and 23.96, by renumbering CB district 23.97 as 23.95 and by adding in subsection 23.7 thereof the following two new CG districts: 23.87 A district on the northeasterly side of Bedford Street, between the northeasterly side of said Bedford Street, as laid out by the Middlesex County Commissioners in 1891, and the westerly side of the railroad right of way, extending from the southeasterly lot line of land formerly of Christopher S. Ryan Estate and now numbered 33 Bedford St. to the northwesterly lot line of the property owned now or formerly by the Lexington Lumber Corporation and now numbered 53-67 Bedford St. 23.88 A district on the southwesterly side of Bedford Street and on both sides of Worthen Road bounded and described as follows: beginning at the intersection of the northwesterly lot line of the premises owned now or formerly by Custance Bros. , Inc. with the southwesterly side line of Bedford Street, as laid out by the Middlesex County Commissioners in 1891; thence by said side line of Bedford Street southeasterly 930 feet more or less to the northwesterly lot line of the premises numbered 30 Bedford St. ; thence southwesterly by said lot line and by an extension thereof a distance of 416.37 feet; thence. northwesterly 327.L0 feet by the RM district numbered 22.44 to Worthen Road, as laid out by the Town of Lexington in 1955; thence by the southeasterly side line of said Worthen Road northeasterly 66.69 feet; thence north- westerly by a line parallel to and 400 feet southwesterly from the southwesterly line of Bedford Street to the northwesterly lot line of the property now or formerly of Custance Bros. , Inc. now numbered 70 Bedford St. , thence by said lot line of Custance Bros. , Inc. northeasterly 401 feet more or less to the point of beginning. 8:48 P. M. 174 Article 86. Mr. Worrell presents the Report of the Planning Board (Cont. ) covering this article and states that the Planning Board unanimously recommends passage of Article 86. ;52 P. M. Earl F. Baldwin, Jr. asks permission for Harold E. Stevens to be recognized. Permission granted and Mr. Stevens speaks in opposition to the article. 9:02 P. M. After general discussion, Jules P. Sussman moves the previous question, which was declared carried by voice vote. 9:08 P. M. A standing vote on the main motion was taken as follows: In Favor Tellers Opposed 27 Homer J. Hagedorn 15 33 J. S. Nason Whitney 9 16 Stephen T. Russian 36 22 Martin A. Gilman 98 93 Less than the required two -thirds having voted in favor, the motion is not adopted. 9:15 P. M. Erik Lund moves that Article 88 be taken up in advance of Article 87. Carried by voice vote. Article 88. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding thereto a new Section 36 as follows: SECTION 36: Subsidized Housing District 36.1 The provisions of this Section shall be appli- cable-to RH districts only and shall he in addition to other provisions of this By-Law applying to RH and other districts. 36.11 Definition of Subsidized Housing'. The term "subsid'zed ousing s a mean ousing or people of low or moderate income which is constructed, rehabilitated remodeled and sold, leased or rented by the Town of Lex- ington, the Lexington Housing Authority or by any other public agency, non-profit or limited dividend corporation or cooperative, the construction, remodeling, financing, (Approved sale, lease or rental of which housing is regulated and by financially assisted by agencies of the government of the Attorney United States or of the Commonwealth of Massachusetts General, under programs the purpose of which is to provide housing Robert H. for people of low or moderate income. The terms "low Quinn, income", "moderate income", and "limited dividend July 7, corporation" shall have the meanings defined in the 1970) programs or laws administered by such agencies. 36.12 Land Uses and Dimensional Control in the Absence or Special Permit. Except in the case of a special permit granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RH districts contained within the geographical limits of the RS district, as defined in Subsection 22.2, shall be the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those of the RO districts. 175 Article 88, 36.13 General objectives: the Lexington Sub- (Cont. ) sidized housing program is intended to result in the construction of sufficient dwelling units for people of low and moderate income to increase th= number of dwelling units of subsidized housing in the Town to a total of approximately 950 units. The special permit procedure hereinafter established is intended to accomplish this objective while ensuring compliance with local planning standards and policies concerned with land use, building design and requirements of health, safety and welfare of residents of the Town of Lexington. 36.2 Special Permit Provisions, The Board of Appeals may gFant a special permit for the development of any tract of land in an RH district in which not less than 40% of the dwelling units to be constructed in such development come within the definition of subsidized housing contained herein. 36.21 Where the proposed construction of subsidized housing Is dependent upon obtaining approval and/or a commitment of financial assistance under relevant federal or state housing subsidy programs, it shall be a condition of any special permit issued hereunder that no building permit shall issue for any portion of the proposed development until the applicant has filed with the Board of Appeals evidence that such approval and/or commitment has been obtained. 36.22 Any special permit granted hereunder shall designate the dwelling units to be used for subsidized housing and shall impose appropriate safeguards to ensure the continued use of such designated units or equivalent units for subsidized housing. 36.23 A special permit granted hereunder may allow the construction of single family detached houses, two. family houses, two-family semi-detached houses, town- house typo dwelling units separated by party walls meeting state or federal safety requirements, garden apartments not exceeding in height three stories used for human occupancy, duplex-over-duplex type dwelling units not exceeding in height four stories used for human occupancy, or any combination of such housing types or other housing types not exceeding in height three stories used for human occupancy. Ownership of such housing may be in any form permitted by law, including condominiums. 36.24 The Board of Appeals shall have discretion to permit dwelling unit density in RH districts of up to, but not exceeding, 13 dwelling units per acre. However, in each instance in which the Board of Appeals permits such density to exceed 12 dwelling units per acre, the Board shall file with its decision the basis for its determination that such density would be appropriate and, in reaching such determination, shall consider, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Boards attention, the provision of usable open space in excess of the minimum required per dwelling unit and the provi- sion of off-street, parking under or within buildings which contain dwelling units. 36.25 Front yards shall not be reduced to less than twenty reet. The minimum distance between detached buildings, including the distance to buildings permissible on adjacent properties, shall be 30 feet or the height of the taller building, whichever is greater. 176 Article 88. 36.26 For up to 24 dwelling units there shall be (Cont. ) provided at least one direct access of adequate width, for 24 or more dwelling units there shall be provided at least two direct accesses each of adequate width. 36.27 There shall be provided at least one off- street parking space per dwelling unit, reserved for the use of such dwelling unit and within 150 feet thereof. The total number of off -street parking spaces provided shall be not less than 1 1/4 times the number of dwelling units. Such parking spaces shall be paved, contained in garages, or under or within buildings which contain dwelling units. 36.28 Not less than 1,000 square feet of permanent usable open space per dwelling unit available for out- door activities shall be provided. Required front yards, paved vehicular areas and wetlands shall not be con- sidered usable open space. 36.29 Any special permit granted hereunder shall incorporate by reference the building design, site development and financing plans submitted by the developer with the application. Development of the tract in question under such special permit shall be in conformance with such designs and plans, unless, after hearing, the Board of Appeals amends such special permit. In granting a special permit, the Board of Appeals may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of the date of the special permit, unless the Board of Appeals upon application extends this time. 36.3 Application Requirements. The application to the Board or Appeals for a special permit for subsidized housing under this Section shall be accompanied by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 36.31 Plan of the tract showing topography, soil culture, existing streets and structures within and adjacent to the tract. 36.32 Where a subdivision of land is involved, a preliminary subdivision plan, which may combined with the plan required under the preceding paragraph. 36.33 Site development plans showing the proposed grading or the tract and the proposed locations, dimen- sions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, usable open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 36.34 Preliminary architectural drawings for building plans inclluding typical floor plans, elevations and sections, identifying construction and exterior finishes. 36.35 Financing plan describing the federal or state subsidy program, the subsidizing agency, the estimated costs of land, site development, building, operation and maintenance and the planned approximate schedule of rents, leases or sale prices. 77 Article 88. 36.36 A tabulation of proposed buildings by type, (Cont. ) size (number of bedrooms, floor area), ground coverage and a summary showing the percentages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the usable open space. 36.37 Descriptive material providing information about the owner and developer, the developer's experience in building and eligibility as public, non-profit or limited dividend housing sponsor, evidence of preliminary approval under the subsidy program, the names of architect, engineer and landscape architect, if any, and other pertinent information. 36.1g.. PlanningBoard Re ort and romzntiorels.oa The Planning oar s a su m in rd of Appeals its report and recommendations as to the appropriateness of the proposed development for sub- sidized housing, to include at least the following: 36.41 A general description of the tract in question and surrounding areas. 36.42. An evaluation of the probable impact of the proposed development on Town services and facilities. 36.43 The availability of permanent public open space in the immediate vicinity. 36.44 The proximity of the proposed development to public transportation, school, recreation facilities, neighborhood shopping and service facilities. 36.45 Whether the site is sufficiently separated from other subsidized housing and housing of equivalent rental value to achieve a desirable mix of income levels. 36.46 A determination from known or estimated land and site preparation costs whether or not such costs might render the proposed subsidized housing development uneconomic. 36.47 A review of the proposed development, in- cluding such aspects as the type or style of buildings, the size of development (number of dwelling units ) and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress, and traffic within the development and on adjacent streets. 36.48 Whether or not, in the opinion of the Planning Board, the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding, area. 36.49 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 36.5 Board of Ilppeals Action. The Board of Appeals shall not take any ae on on an application for a special permit for RH district development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or forty-five days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 178 Article 88. 36.6 Denial of S ecial Permit. The Board of Appeals (Cont. ) may deny an appal on or specia permit hereunder and base its denial upon: 36.61 A failure to meet the standards established by sub-sections 36.2, 36.3 or 36.4 hereof. 36.62 A finding that the proposed development would not be consistent with the general objectives of RH district development. 36.63 A finding that the proposed development is not likely to result in a permanent increase in the number of dwelling units of subsidized housing in the Town. 36.7 Compliance with Other Rules and Re lations. Nothing con sane erein s a n any way exem � proposed subdivision in an RH district from compliance with the rules and regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without modifications, or disapprove a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 36,8 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this Section and where applicable, the approval of a definitive subdivision plan by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accordance with the submission accom- panying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. 36.9 Severabilit . No section or subsection of the spec a per proceuure established herein shall be deemed severable from other sections or subsections of the special permit procedure for the construction of subsidized housing. In the event that any section or subsection of such procedure shall later be invalidated, whether by judicial decree or otherwise, all other provisions contained herein relating to the issuance of special permits for subsidized housing shall become inoperative, except that special permits previously issued by the Board of Appeals hereunder shall remain valid. 9:28 P. M. Mr. Lund presents the Planning Board Report covering Articles 37 and 88 and states that the Planning Board unanimously recommends the adoption of Article 88. 9:32 P. M. Robert Cataldo states that the Board of Selectmen unanimously recommends passage of this article. 9:32 P. M. Lloyd S. Beckett, Jr. of the Interfaith Corporation and a Town Meeting Member states the Corporation is in favor of this article. 9:35 P. M. Robert M. Earsy states that the Commission on Suburban Responsibility unanimously favors this article. 9:36 P. M. 179 Article 88. Alfred P. Tropeano makes the following motion: (Cont. ) "Move to end the motion under Article 88, Section 36.24, by striking out Section 36.24 as therein appears and substituting: 36.24 "The Board of Appeals shall have discretion to permit dwelling unit density in RH districts of up to but not exceeding twelve (12) dwelling units per acre. " 9:41 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote. 9:52 P. M. The endment, as offered by Mr. Tropeano, declared lost by voice vote. 9:53 P. M. A standing vote on the main motion taken as follows: In Favor Tellers Opposed Homer J. Hagedorn 1 30 J. S. Mason Whitney 36 Martin A. Gilman 30 Stephen T. Russian 16 14.6 39 More than the required two-thirds having voted in favor, the main motion, as offered by Mr. Lund, is declared adopted. 9:58 P. M. Article 87. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by providing for a new zoning district and the regulation of land uses and building therein as follows: A. By adding at the end of subsection 20.1 entitled Residence Districts the following new designation: RH - Subsidized Housing District B. By inserting in Section 25- USE REGULATIONS SCHEDULE between the col s headed RO/RS and RT a new col (Approved headed RH and having the s: e symbols opposite the various use designations as now appear in the column by Attorney headed RO/RS; General Robert H. C. By inserting in Section 27 - Schedule of Dimensional Quinn, Controls between the columns headed RO and RS/RT a new July 7, column headed RH and reading as follows opposite the 1970) various designations in the first col . n on the left: Minim . Lot Area . . . . . ) ) See Section 36 Minim Lot Frontage . . . , . . ) Minimum Front Yard (b) . . . . 30 ft. (k) Minimum Side Yard . . . . . . . . . 15 ft. (k) Minimum Rear Yard 000000490 * 15 ft. (k) Minimum Side and Rear Yard Adjacent to RO, RS, RT, RN Districts . . . . . 000000 * 15 ft. (k) Minimum Yard Adjacent. . . . To other District WM * 15 ft. (k) Minimum 1, Open Area 0000 * * 0 N R (k) I80 Article 87. Maximum Height Schools Stories . 3 (Cont. ) Hospitals, Public Buildings-Feet 45 ft. Maximum height Stories 21 (k) Other Building Feet 40 ft. Minimum Between Buildings N R (k) D. By inserting in Section 27 - Schedule of Dimen- sional Controls in proper alphabetical location a new footnote (k) reading as follows: (k) The Board of Appeals may permit exceptions to these dimensional controls for subsidized housing in accordance with the provisions of Section 36; E. By amending in the subsection 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING in the column headed USE the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" to read as follows: Uses permitted on Special Permit in RO, RS or RT district (see subsection 12.2 ) or in RH district (see Section 36) F. By adding the district designation RH in that column heading of subsection 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING now reading RO, RS, RT, RM, so that the heading shall read RO, RS, RT, RM, RH. 10:02 P. M. Mr. Lund states that the Planning Board Report covering this article was filed with the report on Article 88. He also states that the Planning Board unanimously recommends the adoption of Article 87. 10:02 P. M. Main motion carried unanimously. 10:02 P. M. Article 89. Presented by Eric T. Clarke. MOTION: To amend the Zoning By-Law by defining a "nursery" and by permitting, subject to appropriate conditions and limitations imposed by the. Board of Appeals, the sale of certain supplementary items in conjunction with the operation of a nursery, as follows: (1) By inserting in Section 40 in the proper alpha- betical position the following new definition: NURSERY: The business of propagating plants, including trees, shrubs, vines, seed, grass, live flowers and other (Approved plants, and the storage and selling of such plants by grown on the premises. Attorney General, (2) By adding in Section 24 a new subsection 24.5 Robert H. reading as follows: Quinn, July 7, 24.5 Where the Board of Appeals determines that the 1970) character of the neighborhood would not be impaired, the storage and sale of some or all of the following supplementary items in conjunction with the operation of a nursery may be permitted by Special Permit under subsection 12.2; Plants grown elsewhere than on the premises, items intended to improve or preserve the life and health of plants, including without limitation pesticides, insecticides, peat moss, humus, mulches, fertilizers, and other chemicals, hand gardening tools and hand gardening equipment, garden hose, watering and spraying devices, containers for living plants, cut flowers, Christmas trees and wreaths, in season; indoors only, birdseed, birdbaths, birdfeeders, birdhouses, and ornamental or decorative items intended for use with plants. 1 i Article 89. The foregoing list may be expanded, in the discretion of (Cont. ) the Board of Appeals, to include other items related to plants, gardens or gardening, but shall not include power tools, other power equipment, furniture or items generally associated with the business of a hardware store rather than with the conduct of a nursery. Provided: that a nursery granted such a special permit shall conform to the dimensional controls in Section 27 as to lot area, frontage and yards and the maximum height of buildings for the district in which located and to the following additional requirements: Minimum lot area 2 acres; buildings (other than green. houses ) may cover no more than a maximum of 20% of the lot area; greenhouses shall not be used for retail sales of items other than plants; buildings (other than green- houses) used for retail sales shall not exceed a maximum of 7,500 square feet; not less than 50% of the total land area of the nursery shall be used for the propa- gation or cultivation of plants in the open or in greenhouses; the Board of Appeals shall impose and may from time to time review and revise requirements for adequate off-street parking, screening, open space buffers, lighting, outdoor storage and display, hours of operation and such other requirements as the Board of Appeals may deem necessary to preserve the character of the neighborhood. 10:05 P. M. Mr. Clarke presents the Report of the Planning Board covering this article and states that the Planning Board unanimously recommends adoption of this article. 10:08 P. M. Main motion carried unanimously. 10:10 P. M. Article 90. Presented by Eric T. Clarke, MOTION: To amend the Zoning By-Law as follows: A. By striking out the reference to and the text of (See footnotes e. and g. in Section 27 - Schedule of Dimen- Pages sional Controls, and that portion of the text of footnote 194- C. of said Section 27 beginning with the words "for 196) uses permitted on Special Permit, " and by inserting a new footnote e. reading as follows: e. Certain institutional uses allowed in RO, RS and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 26.7 reading as follows : 26.7 Any sanitarium, nursing home, convalescent home, rest home, or home for aged with a design capacity or actual capacity of 15 beds or more must comply with all of the following require- ments in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area up to a maximum of 100 ft. ; Maximum portion of lot covered by buildings: 10% of the lot area; Maximum permitted capacity or occupancy: 15 beds per acre of lot area not to exceed 120 beds total capacity or occupancy; 182 Article 90. Minimum required parking: one parking space for (Cont. ) each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect in any way any special permits issued prior to March 31, 1970 or any building permits applied for or issued in connection with such special permits issued prior to March 31, 1970. C. By adding in subsection 32,1 entitled. SCHEDULE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARK- ING following the words "Reasonably sufficient" the words "or as required by subsection 26.7 for the uses described therein. " D. By striking out in all columns of subsection 32.2 entitled SCHULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12,2)" the designation "05", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law. 10:15 P. M. Mr. Clarke presents the Report of the Planning Board covering Article 90 and states that the Planning Board. unanimously recommends the adoption of Article 90. 10:15 P. M. After general discussion, Frank T. Samuel, Jr. moves the previous question which was declared carried by voice vote. 10:25 P. M. Robert Cataldo, Chairman of the Board of Selectmen, states that as he is the holder of one of the permits for a nursing home he will abstain from voting on this article. 10:25 P. M. A standing vote on the main :notion, as offered by Mr. Clarke, taken as follows: In Favor Tellers Opposed 35 Homer J. Hagedorn 5 28 Martin A. Gilman 20 23 Stephen T. Russian 23 J. S. Nason Whitney 1 126 49 More than the necessary two-thirds required having voted in favor, the motion is declared adopted. 10:27 P. M. Article 91. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding at the (Approved end of subsection 22.4 thereof the following new RM by multi-family (garden apartment) dwelling district: Attorney 22.46 A district between Winthrop Road and Vine Brook General, Road southwesterly of Waltham Street, bounded and Robert H. described as follows: Quinn, July 7, 1970) Article 91. WESTERLY by the easterly line of Waltham Street, as (Cont. ) relocated by the Middlesex County Commissioners in July of 1925, 42.38 feet, more or less; NORTHERLY by lot B on plan recorded in Middlesex South District Registry of Deeds in Book 7543-End, by lots 17K, 171, 17G, 17E and 17C on Land Court Plan 9469-N and by parcel 22 on Land Court Plan 9469-0, a total distance of 747.41 feet, more or less; EASTERLY AND SOUTHEASTERLY by said parcel 22 and by land now or formerly of Lexington Estates Trust on plan recorded in said Deeds in Book 10220, Page 92, a total distance of 1047 feet, more or less;. SOUTHERLY by Winthrop Road 103 feet, more or less; NORTHERLY AND NORTHWESTERLY by lot 226 on plan recorded in said Deeds in Book 7028, Page 132, 46.92 feet; SOUTHWESTERLY by lots 226 and 225, a proposed street and lot 223, all as shown on said plan recorded in Book 7028, Page 132, 426 feet, more or less; NORTHWESTERLY by lot containing 15,450 square feet and described in the deed recorded in said Deeds in Book 11741, Page 700, and by lots 1, 2, 3, 4, 5, 6 and part lot 7 on plan recorded in said Deeds in Plan Book 92 as Plan 9, 706.79 feet, more or less; SOUTHERLY AND SOUTHEASTERLY by said part lot 7, 168.95 feet, more or less. 10:29 P. M. Mr. Lund asks that when this article is discussed that he hopes that the members also consider Article 99. Mr. Lund presents the Report of the Planning Board covering this article and also Article 99 and states that the Planning Board unanimously recommends adoption of Article 91.. 10:32 P. M. James F. Penske files a petition signed by ninety-five residents of the Town who are opposed to this zoning change and asks that George Sutton of 37 Winthrop Road be recognized. Permission granted and Mr. Sutton speaks in opposition. 10:38 P. M. Alfred S. Busa serves notice of, reconsideration of Article 90. 10:44 P. M. Article 91. Roland B. Greeley states that the Commission on Suburban (Cont. ) Responsibility unanimously favor adoption of Article 91. 10:46 P. M. Leslie H. York moves the previous question which was declared carried by voice vote. 10:57 P. M. A standing vote on the main motion taken as follows: In Favor Tellers Opposed 36 Homer Hagedorn 3 37 Stephen T. Russian 10 41 Martin A. Gilman 4 33 J. S. Nason Whitney 9 147 26 More than the required two-thirds having voted in favor, the motion is adopted. 10:58 P. M. 184 Erik Lund moves that Article 99 be taken up at this time. Carried Unanimously 10:59 P. M. Article 99. Presented by Erik Lund, MOTION: That the Selectmen be and they hereby are authorized, without consideration therefor or for such consideration as the Selectmen may determine, and upon such other terms and conditions as the Selectmen deem proper, to convey to the Lexington Housing Authority, for the construction of housing for the elderly, all or any part of the parcels of land described as follows: 1, That part, that is now owned by the Town, of the land southerly of Waltham Street acquired by the Town for nonpayment of taxes by instrument dated October 15, 1931, recorded in Middlesex South District Registry of Deeds, Book 5598, Page 331, the right of redemption of which has been foreclosed; and 2. The registered and unregistered parcels of land southerly of Waltham Street acquired by the Town by deed of Helen R. Grant et al, Trustees, dated April 25, 1961, recorded in Middlesex South District Registry of Deeds, Book 10220, Page 92, and registered in Middlesex South Land Registry District as Document No. 389338. 11 P. M. Mr, Lund states the Report of the Planning Board has already been filed under Article 91 and also states that the Planning Board unanimously recommends adoption of Article 99, 11 P. M. Otis S. Brown, Jr. makes the following motion: MOTION TO AMEND: I move to amend the motion under Article 99 by striking from the first paragraph there- of the words "all or any part of the parcels of land described as follows" and by substituting therefor the words "any part or parts, not exceeding in the aggregate four (4) acres, of the parcels of land described as follows". 11:02 P. M. The amendment, as offered by Mr. Brown, declared lost by voice vote. 11:02 P. M. Main motion, as presented by Mr. Lund, declared carried unanimously. 11:03 P. M. Article 92. Presented by Erik Lund. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Oak Park Corp. conveying to the Town parcels A, B, C, D and E on plan entitled "Oak Park' - Section II Lexington, Mass. ", dated February 28, 1969, revised June 27, 1969, by Joseph W. Moore Co. , Inc. , recorded in Middle- sex South District Registry of Deeds, Book 11752, Page 469, and a deed from Oak Park Corp. conveying to the Town parcel F on said plan, be and hereby is ratified, confirmed and adopted. Carried unanimously 11:05 P. M. Robert Cataldo moves that the meeting be adjourned to Wednesday, March 25, 1970 at 8 P. M. at the Cary Memorial Hall. Carried Unanimously 11:06 P. M. Town Clerk 185 t ADJOURNED TOWN MEETING HELD MARCH 25 1970 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:08 P. M. at the Cary Memorial Hall. There were 192 Town Meeting Members present. The Invocation was offered by Rev. Harold T. Handley of the Church of Our Redeemer. 8:08 P. M. Allan F. Kenney moves that Article 32 be removed from the table. Carried Unanimously 8:09 P. M. Article 32. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to enter into a contract or contracts for the remodeling of, and construction of additions to, the Town Office Building and the Police Building, for the original equipping and furnishing of said additions, and to authorize the Town Manager to supervise the work; that the sum of t306,791.00 be appropriated for the remodeling of said buildings and payment thereof be provided by raising the sum of s31,791. 00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of $275,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $275,000.00 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 ten years from their dates; that the sum of $636, 505.00 be appropriated for the construction, original equipping and furnishing of said additions and payment thereof be provided by raising the sum of $20,560.66 in the current tax levy, by the transfer of $2 ,948.19 from the Stabili- zation Fund, by the transfer of $6,268.88 from the unexpended balance of the appropriation for alterations and additions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, by the transfer of $15,228.96 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town Meeting, by the transfer of $9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Town. Meeting, by the transfer of *11,076.48 from the unexpended balance of the appropriation for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January 28 1963 Special Town Meeting, by the transfer of $32,388.30 from the Sale of Real Estate Fund, and by the issue of bonds or notes of the Town for the balance of $515, 000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $515, 000. 00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter LL of the General Laws, as amended, within a period not exceeding twenty years from their dates. 8:12 P. M. Mr. Kenney asks that Walter C. O 'Connell, Town Manager, be recognized. Permission was granted and Mr. O'Connell spoke of the needs for the remodeling and alterations and additions. 8:2L{. P. M. 186 Article 32. Erik Lund states that the Planning Board supports this (Cont. ) article. 8:37 P. M. Robert M. Gary states that the Appropriation Committee is unanimously in favor of this article. s .4 P. M. J. S. Nason Whitney makes the following motion: MOTION: That Article 32 by referred back to the Selectmen for further consideration by them and the Town Manager and that they report back to a later town meeting this year. 9:08 P. M. The motion to amend, as offered by Mr. Whitney, declared lost by voice vote. 9:18 P. M. Paul B. West moves to amend the main motion by changing the total $943,296.00 to the total $846,102.00. This deletes the Police remodeling and building section. 9:18 P. M. Mr. Kenney reads the main motion, as amended by Mr. West, as follows : MOTION: That the Selectmen be and they hereby are authorized to enter into a contract or contracts for the remodeling of, and construction of additions to, the Town Office Building, for the original equipping and furnishing of said additions, and to authorize the Town Manager to supervise the work; that the sum of $245,458.00 be appropriated for the remodeling of said building and payment thereof be provided by raising the sum of $25,458.00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of $220,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $220,000.00 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 ten years from their dates; that the sum of $617,385.00 be appropriated for the construction, original equipping and furnishing of said additions and payment thereof be provided by raising the sum of t16,J 414 0.66 in the current tax levy, by the transfer of *26,948.19 from the Stabilization Fund, by the transfer of $6,268.88 from the unexpended balance of the appropriation for alterations and addi- tions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, by the transfer of $15,228.96 from the unexpended balance of the appropriation for the con- struction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town Meeting, by the transfer of s9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Town Meeting, by the transfer of $11, 076.48 from the unexpended balance of the appropriation for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January28, 1963 Special Town Meeting, by the transfer of S32,388.30 from the Sale of Real Estate Fund, and by the issue of bonds or notes of the Town for the balance of 8500,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $500,000.00 and 8` . Article 32. to issue bonds or notes of the Town therefor, to be (Cont. ) payable in accordance with the provisions of Chapter of the General Laws, as amended, within a period not exceeding twenty years from their dates. 9:23 P. M. Leon A. Burke, Jr. moves the previous question which was declared carried by voice vote. 9:30 P. M. The amendment, as offered by Mr. West, declared lost by voice vote. 9:31 P. M. Standing vote on main motion, taken as follows: In Favor Tellers Opposed 25 William J. Scouler 14 38 Russell B. Mason 2 29 Stanley E. Toye 9 Martin A. Gilman 9 136 34 The original motion, as presented by Mr. Kenney, declared adopted. 9:33 P. M. Allan F. Kenney moves that Article 33 be taken off the table. Carried. Unanimously 9:33 P. M. Article 33. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $8500.00 for the cost of moving, relocating and providing, by purchase or lease, or otherwise, temporary facilities for, any or all of the offices of the Town as may be necessary or advisable during the remodeling of, and construction of additions to, the Town Office Building and Police Building, and for the cost of altering, remodeling or renovating any Town property or leased facility for such use. Carried Unanimously. 9:33 P. M. Sumner P. Wolsky serves notice of reconsideration of Article 32. 9:34 P. M. Sumner P. Wolsky serves notice of reconsideration of Article 33. 9:34 P. N. Article 93. Presented by Stanley A. Brown. MOTION: To authorize the Conservation Commission to purchase or otherwise; acquire and to authorize the Sel- ectmen 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 General Laws, any fee, easement, conservation restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest in all or any part of the land owned now or formerly by the Oneida Corp- oration, known as the "Drummer Boy land" and designated 94.71 acres on the "Plan of Land in Lexington, Mass. ", dated April 20, 1962 by Joseph W. Moore, Inc. ; and to appropriate the sum of 42,000.00 for said land acquisi- tion and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:35 P. M. Robert M. Gary states that the Appropriation Committee recommends favorable action on Articles 93, 94, 95, 78 and 79. 9:42 P. M. 188 Article 93, Erik Lund states that the Planning Board favors the (Cont. ) purchase of this land and gives it the highest priority. 9:43 P. M. Wilbur E. Cheever moves the previous question which was declared carried by voice vote. 9:53 P. N. Standing vote on the main motion taken as follows: In Favor Tellers Opposed 36 William J. Scouler 0 38 Russell B. Mason 0 I I 40 Stanley E. Toye 0 Martin A. Gilman 0 154 0 More than the required two-thirds having voted in favor, the motion is declared carried unanimously. 9:54 P. 14- Article 94. Presented by Francis W. K. Smith. 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 Sc of Chapter 40 of the General Laws, any fee, easement,or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 61, 62 and 63 Ivan Street, as shown on Land Court Plan 9475B, and the unsubdivided portions of lots P and 0 Justin Street, as shown on Land Court Plan 9475G; and to appropriate the sum of 60000.00 for said land acquisition and to provide for payment thereof by transfer from the Exc-ss and Deficiency Account. Carried Unanimously 9:57 P. M. Article 95. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to receive in the name of the Town, subject to the approval of the Selectmen, for conservation purposes as provided by Section Sc of Chapter 40 of the General Laws, a gift of 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 lot 99-A, containing 23,600 square feet, more or less, as shown on Map 83, Property Map, Town of Lexington, by James W. Sewall Company, as amended. Carried Unanimously 9:57 P. M. Article 96. Jules P. Sussman moves that this article be indefinitely postponed. Carried Unanimously 9:58 P. M. Stanley A. Brown moves to take Article 77 from the table. Carried Unanimously 9:59 P. M. Article 77. Francis W. K. Smith moves that this article be indefinitely postponed. Carried Unanimously 10 P. M. Stanley A. Brown moves to take Article 79 from the table. Carried Unanimously 10 P. M. 189 Article 79. Presented by Angela E. Frick. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written (See Pages request of the Conservation Commission, for conservation 193 & 194. purposes as proviiIg4 by Section Sc of Chapter 40 of the Art. 79 General Laws, any/ easement, or conservation restriction adopted) as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as. Lot 95A and Lot 96A on Assessors Property Map 11; and to appropriate the sum of a$26s500.00 for said land acquisition and to provide for payment thereof by trans- fer from the Excess and Deficiency Account. 10:02 P. M. William H. Hamilton speaks, agdn.st the article. 10:10 P. M. Richard A. Michelson moves to amend the motion by deleting the words "and Lot 96A". 10:19 P. M. Van T. Boughton of the Capital Expenditures Committee urges favorable action on the main motion. 10:25 P. M. Robert M. Gary questions Mr. Michelson' s amendment as he had not mentioned any change in the appropriation. 10:26 P. M. Richard A. Michelson further amends the main motion by striking the figure *26,500.00 and substituting therefor the figure '18,000.00. 10:2 P. M. Frank T. Samuel, Jr. moves that this article be tabled, Lost by voice vote. 10:33 P. M. Eric T. Clarke moves the previous question which was declared carried by voice vote. 10:34 P. M. The motion to amend, as offered by Mr. Michelson, declared lost by voice vote. 10:35 P. M. Standing vote on main motion taken as follows: In Favor Tellers Opposed 30 William J. Scouler 12 18 Russell B. Mason 22 37 Stanley E. Toye 4 25 Martin A. Gilman 29 110 67 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Smith, is not adopted. 10:37 P. M. William J. Scouler serves notice of reconsideration of Article 79. 10:37 P. M. Article 97. Presented by Jules P. Sussman, 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 the parcel marked 55.7 Acres, more or less, as shown on the plan recorded in Middlesex South District Registry of Deeds in Book 11079, Page 82, entitled "Compiled Plan of Land in Lexington, Mass. ", dated March 5, 1966, by 190 Article 97. J. W. Moore and owned now or formerly by the Trustees of (Cont. ) the Wa.ymint Realty Trust, and the parcel marked 58.6 Acres, more or less, as shown on the plan recorded in Middlesex South District Registry of Deeds in Book 10022, Page 387, entitled "Compiled Plan of Land in Lexington, Mass. ", dated April 2, 1962, by A. A. Miller and W. C. Nylander and owned now or formerly by Benjamin Franklin Homes, Inc. ; and to appropriate for said land acquisi- tion the sum of $87,000.00, and to provide for payment thereof by transferring the sum of $26,000.00 from the Excess and Deficiency Account and by raising the balance of $61,000.00 in the current tax levy. 10:38 P. M. Robert M. Gary moves to amend the motion by striking the figure $26,000.00 and substituting therefor the figure $52,000.00 and striking the figure $61,000.00 and substituting thereforr the figure 835,000.00. :l.1 P. M. Mr. Gary states that the Appropriation Committee recommends unfavorable action on this main motion. 10:L 3 P. M. (See Howard L. Levingston makes a motion that this article Page 193) be tabled. 10:42 P. M. Motion to table declared Carried by voice vote. 10:43 P. M. Hugh M. Chapin moves that Article 101 be taken up at this time. Declared Lost by voice vote. 10: .3 P. M. Eric Lund serves notice of reconsideration of Article 97 but the motion is ruled out of order by the Moderator. 10:LL p. M. Article 98. Presented by Donald M. Graham. MOTION: To raise and appropriate the sum of $10,350.00 to be expended under the supervision of the Planning Board for a preliminary study for the development of the land located southeasterly of the Northern Circum- ferential Highway (Rte. 128) , southwesterly of the Boston and Maim Railroad, northwesterly of Garfield Street and northeasterly of the Pine Meadows Golf Club, for housing for people of low or moderate income, for recreation and play areas, for an elementary school or for other suitable uses; the Planning Board to report the results of said study to a future town meeting not later than the 1971 Annual Town Meeting; and to auth- orize the Planning Board or the Selectmen on behalf of the Town to apply for and receive any Federal or State grants or reimbursements for which such study may be eligible. 10:L 6 P. M. Mr. Graham presents the Report of the Planning Board covering this article and states that the Planning Board unanimously recommends the adoption of Article 98. 10:48 P. M. Vernon C. Page moves that this article be indefinitely postponed. 10:50 P. M. Stillman P. Williams moves the previous question which was declared carried by voice vote. 10:55 P. M. The Moderator doubted the voice vote on the motion to indefinitely postpone Article 98, so a standing vote was taken as follows: In Favor Tellers Opposed 10 William J. Scouler 30 21 Russell B. Mason 23 0 Stanley E. Toye 39 28 Martin A. Gilman 2l 59 116 Motion to indefinitely postpone Article 98 declared lost. 10:57 P. M. Article 98, Main motion, as offered by Mr. Graham under (Cont. ) Article 98 was declared carried by voice vote, 10: 7 P. M. Robert Cataldo moves that the meeting be adjourned to Monday, March 30, 1970 at 8 P. My at the Cary Memorial Hall® Carried Unanimously 10:58 P. s Town Clerk 9 2 ADJOURNED TOWN MEETING MELD MARCH 30 1970, The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at S P. M. at the Cary Memorial Hall. The Moderator states that there will be a short recess until there is a quorum present. The Moderator again called the meeting to order at 8:04 P. M. There were 192 Town Meeting Members present. The Invocation was offered by Rev. Billie B. Earnhart, Chaplain of the V. A. Hospital, Bedford, Mass, 8:05 P. M. Donald E. Legro, Town Counsel, presents the following motion: MOTION TO REOPEN: To reopen Article 49 for the sole purpose of inserting immediately before the appropriating clause and incorporating in the vote adopted under Article 49 at the March 18, 1970 adjourned session of this meeting the (See words, "provided that any steps, windows, porticos and other Page usual projections appurtenant to a building, embankments, 161) walls, fences, gates and structures existing at the time of the establishment of said building lines shall be permitted to remain and be maintained in their present location;". 8:11 P. M. Standing vote taken on the motion to reopen as follows: In Favor Tellers Opposed 35 Stanley E. Toye 2 35 William J. Scouler 1 46 Stephen T. Russian 0 50 Martin A. Gilman 0 166 3 Motion to reopen Article 49 is declared carried. 8:13 P. M. Donald E. Legro presents the following motion: MOTION: To insert immediately before the appropriating clause and incorporate in the vote adopted under Article 49 at the March 18, 1970 adjourned session of this meeting the words, "provided that any steps, windows, porticos and other usual projections appurtenant to a building, embankments, walls, fences, gates and structures existing at the time of the establishment of said building lines shall be permitted to remain and be maintained in their present locations; ". 8:14 P. M. Carried by voice vote. 8:18 P. M. The motion under Article 49 with the insertion voted as above, reads as follows: MOTION: To accept and establish a building line on Massa- chusetts Avenue from the easterly boundary line of the premises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered 1654 1656 Massachusetts Avenue, said building line being parallel to and distant 15 feet southerly from the southerly side line of the 1916 County Layout of Massa- chusetts Avenue, all as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1970, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building line; to accept and establish a building line on the entire length of the easterly side of the 1956 Town Layout of Wallis Court, said building line being parallel to and distant 7.5 feet easterly from the easterly side line of said Wallis Court, and a building line I9Q Article 49. on the entire length of the westerly side of said Wallis (Cont. ) Court, said building line being parallel to and distant 7.5 feet westerly from the westerly side line of said Wallis Court, all as laid out by the Selectmen and shown upon said plan on file in the office of the Town Clerk, dated January 19, 1970; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for the establishment of said building lines provided that any steps, windows, porticos and other usual projections appurtenant to a building, embankments, walls, fences, gates and structures existing at the time of the establishment of said building lines shall be permitted to remain and be maintained in their present location; and to raise and appropriate the sum of $12,000.00 for the establishment of said building lines and for said land acquisitions. Allen Lee Whitman, Jr. moves that Article 108 be taken up, out of order, at this time. Carried by voice vote. 8:18 P. M. Article 108. Presented by Allen Lee '4hitman, Jr. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:18 P. M. Jules P. Sussman moves that Article 97 be taken off the table at this time. Carried Unanimously 8:19 P. M. Article 97. Presented by Jules P. Sussman. MOTION: That this article be indefinitely postponed. Carried by voice vote. 8:21 P. M. William J. Scouler moves that Article 79 be reconsidered at this time. Carried by voice vote. 8:27 P. M. Article 79. Presented by Stanley A. Brown. 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 conservation (See purposes as provided by Section 8C of Chapter 40 of the Page 189) General Laws, any fee, easement, or 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 shown as Lot 95A and Lot 96A on Assessors Property Map il; and to appropriate the sum of $26,500.00 for said land acquisition and to provide for payment there- of by transfer from the Excess and Deficiency Account. 8:28 P. M. Richard A. Michelson moves to amend the motion by deleting the words "and Lot 96A", and by striking the figure $26,500.00 and substituting therefor the figure $9,500.00. 8:34 P. M. Erik Lund states that the Planning Board is against the amendment and in favor of the main motion. 8:1i4 P. M. Van T. Boughton, Jr. states that the Capital Expenditures Committee is in fan' of the main motion and against the amendment. 8:47P. M. The amendment, as offered by Mr. Michelson, declared lost by voice vote. 8:47 P. M. 194 Article 79. Standing vote on main motion as presented by Mr. Brown (Cont. ) taken as follows: Inn Favor Tellers Opposed 39 William J. Scouler 1 37 Stanley E. Toye 2 35 Stephen T. Russian 12 36 Martin A. Gilman 15 147 30 More than the required two-thirds having voted in favor, the main motion, as presented by Mr. Brown, declared adopted. . 8:50 P. M. Alfred S. Busa moves for reconsideration of Article 90. 8:50 P. M. Erik Lund states that the Planning Board believes that the article should stand as it is now and does not feel that the article should be reconsidered. 8:56 P. M. Joseph O. Rooney moves the previous question which was declared carried by voice vote. 9:08 P. M. A standing vote on Mr. Busa's motion to reconsider Article 90 taken as follows: In Favor Tellers Opposed 26 William J. Scouler 16 41 Stephen T. Russian 8 12 Stanley E. Toye' 27 35 Martin A. Gilman 18 114 69 Reconsideration of Article '90 declared carried. 9:13 P. M. Article 90. Alfred S. Busa presents the following motion: Under section B after minimum street frontage 200; I move to strike the present minimum front, rear and side yard requireme nts and insert the following: (See Minimum front yard: 100 feet Pages Minimum side and rear yards: 60 feet 182 & 181) Under section B regarding the maximum permitted capacity or `occupancy; I move to strike the numbers 15 and 120 and insert the numbers 20 and 160 respectively to read as follows: Maximum permitted capacity or occupancy; 20 beds per acre or fraction thereof of lot area not to exceed 160 beds total capacity or occupancy. Maximum portion of lot covered by buildings and parking lot 10% of lot area. 9:14 P. M. Alfred S. Busa withdraws his motion to amend. ' Erik Lund presents the main motion under Article 90. MOTION: To amend the Zoning By-Law as follows: A. By striking out the reference to and the text of footnotes e. and g. in Section 27 - ,schedule of Dimensional Controls, and that portion of the text of footnote c. of said Section 27 beginning with the words "for uses permitted on Special Permit," and by inserting a new footnote e. reading as follows: 95 Article 90. e. Certain institutional uses allowed in RO, RS (Cont. ) and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 26.7 reading as follows; 26.7 Any sanitarium, nursing home, convalescent home, rest home, or home for aged with a design capacity or actual capacity of 15 beds or more must comply with all of the following requirements in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area up to a maximum of 100 ft. ; Maximum portion of lot covered by buildings: 10% of the lot area; Maximum permitted capacity or occupancy: 15 beds per acre of lot area not to exceed 120 beds total capacity or occupancy; Minimum required parking: one parking space for each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect in any, way any special permits issued prior to March 31, 1970 or any building permits applied for or issued in connection with such special permits issued prior to March 31, 1970. C. By adding in subsection 32.1 entitled SCHEDULE OF REQUIRED PARKING.AND LOADING opposite the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARKING following the words "Reasonably sufficient" the words "or as required by subsection 26.7 for the uses described therein. " D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RP Districts on Special Permit (Subsection 12.2) " the designation "0%", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law. 9:21 P. M. Alfred S. Busa presents the fo3)owing amendment: Under section B after minimum street frontage 200; I move to strike the present minimum front, rear and side yard requirements and insert the following: Minimum front yard: 100 feet Minimum side and rear yards: 60 feet Under section B regarding the maximum permitted capacity or occupancy; I move to strike the numbers 15 and 120 and insert the numbers 20 and 160 respectively to read as follows: 1.96 Article 90. Maximum permitted capacity or. occupancy; 20 beds per, (Cont. ) acre or fracti,©n .thereof of. lot area, not to exceed 160 beds total capacity or,,occupancy.... . . Maximum portion of lot covered by buildings azd parking lot 10% of lot area. 9:22 P. M. Charles H, Cole,2nd moves ,to amend by striking out the figures 20 and 160 and 15 and 120 and leaving no restrictions. 9:38 P. M. The motion to amend, as offered by Mr. Cole, declared lost by voice vote. 9:40 P. M. Herbert W. Eisenberg moves to amend the amendment by deleting the- words "and parking lot". 9:41 P. M. The Moderator asked Mr. Busa if he had intended to make separate amendments or one amendment and Mr. Busa answered that it was one amendment. 9:45 P. M. Eric B. Kula moves the previous question which was declared carried by voice vote. 9:50 P. M. The amendment, as offered by Mr. Eisenberg, was declared lost by voice vote. 9:50 P. M. A standing vote on the amendment, as offered by Mr. Busa, was taken as follows: In Favor Tellers . Opposed 16 William J. Scouler 24 7 Stanley E. Toys 33 33 Stephen T. Russian 17 32 Martin A. Gilman 23 88 97 The motion to amend, as offered by Mr. Busa, declared lost. 9:51 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 31 William J. Scouler 8 15 Stephen T. Russian 33 33 Stanley E. Toye 4 26 Martin A. Gilman 30 105 75 Less than the required two-thirds. having voted in favor, the motion, as offered by Mr. Lund, is declared lost. 9:55 P. M. Sumner P. Wolsky moves for reconsideration: of Article 32. 9:55 P. M. After general discussion, James M. McLaughlin moves the previous question which was declared carried by voice vote. 10:21 P. M. Motion to reconsider Article 32 was declared lost by voice vote, which was doubted, so a standing vote taken as follows: In Favor Tellers Opposed 16 William J. Scouler 20 18 Stanley E. Toe 19 2 Stephen T. Russian 45 12 Martin A. Gilman 38 11.8 122 Reconsideration of Article 32 declared lost. 10:23 P. M. r _ 9 ri Article 100. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized in the name and on behalf of the Town to sell and convey, upon such terms and conditions as they deem proper, all or any part of a certain parcel of land on Rockville Avenue that was acquired in 1963 from Oscar W. Carlson and Lillian M. Carlson, and is no longer needed by the Town; and that the minimum amount to be paid for such conveyance shall be $3500.00; and that the deed of conveyance shall be in such form as the Selectmen, by their execution there- of, shall approve. 10:24 P. M. After general discussion, Leon A. Burke, Jr. moves the previous question which was declared carried by voice vote. 10:43 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 30 William J. Scouler 5 32 Stephen T. Russian 11 28 Stanley E. Toye 8 40 Martin A. Gilman 12 130 36 More than the required two-thirds having voted in favor, the main motion declared carried. 10:45 P. M. Wilbur M. Jaquith moves that Article 46 be taken from the table. Carried Unanimously 10:45 P. M. Article 46. Presented by Robert Cataldo. MOTION: That the `selectmen be and they hereby are authorized to accept on behalf of the Town from Marcia W. A. Dane, a gift of a fund of One Thousand ($1,000) Dollars in memory of Elsa W. Regestein to be paid to the Trustees of Public Trusts and held in trust and administered by them, the income therefrom to be expended not more often than annually for scholarship or other awards to be made under the direction of the Principal of the Lexington High School to members of the senior class of said School who deserve recognition for having performed their school work conscientiously and to the best of their ability while at the same time carrying on, within or outside the School, some additional worthwhile activity or employment, the award to be known as The Elsa W. Regestein Award, Carried Unanimously 10:47 P. M. Alfred P. Tropeano moves that the meeting be adjourned to Wednesday, April 1, 1970, at 8 P. M. at 10:47 P. M. the Cary Memorial Hall, J. S. Nason Whitney moves to amend the motion to read that the meeting be adjourned to Monday, April 6, 1970, at 8 P. M. 10:48 P. M. Mr. Whitney's motion declared lost by voice vote. 10:49 P. M. Robert E. Bond moves to amend the motion to read that the meeting be adjourned to Wednesday, April 1, 1970, at 7:30 P. M. Declared lost. 10:49 P. M. Mr. Tropeano's motion that the meeting be adjourned to Wednesday, April 1, 1970, at 8 P. M. declared carried. 10:50 P. M. -Nclf / m Town Clerk 198 ADJOURNED TOWN,MEETING HELD APRIL 12 1970, The meeting was called to order by the: Moderator, Lincoln P. Cole, Jr. , at -8:01 P. M. at the Cary Memorial Hall. The Moderator states that there would be a short recess until there was a quorum present. The Moderator called the meeting to order at 8:06 P. M. There were 186 Town Meeting Members .present. Invocation offered by Rev. John. R. Lilly, Pastor of the Lexington .United Methodist Church. 8:07 P. M. Article 101. Presented by Hugh M. Chapin. Under Article 101, I offer the following motion: I move to amend the Zoning By-Law by adding at the end of Subsection 22.4 thereof the following new RM multi-family dwelling district: A district situated on the Northeasterly side of Concord Avenue, between Waltham Street and Blossom Street, containing about 7.9 acres, bounded and described as follows: Commencing at -a point in the Northeasterly line of Concord .Avenue, at land now or formerly of Foster, at the end of a face wall and.. one hundred fifty-eight and 73/100 (158.73),. feet Southeasterly from the County Commissioner's stone bound; Thence running North 30° 341 30" East, one hundred thirty-two and 15/100 (132.15) feet by said Foster land to a drill hole in :the base of a set wall; Thence turning and .running North, 430 481 West, along said land of Foster,. seventy-nine and 9/10 (79.9) feet to a drill hole; Thence running North, 30° 61 West by said land of Foster, thirty-one and 9/10 (31.9 ) feet to a drill hole at a corner; Thence turning and running North, 37° 23' East, along land of said Foster, seventy-three and 9/10 (73.9) feet to a point; Thence running North 17° 231 East, by said land of Foster, seventeen and 2/10 (17.2) feet to another point; Thence running North, 43° 10' East along said land of Foster, three hundred ninety-six and 8/10 (396.8) feet to a point in the stone wall; Thence continuing by said land of Foster, North 42° 91 East, one hundred seventy-seven and 3/10 (177.3) feet to a corner in a stonewall at land now or formerly of Bedell; Thence turning and running .South 50° 201 30" East by ,said Bedell land, two hundred ninety-eight and 95/100 (298.95) feet to a cross wall; Thence running South 56° East, by said land of Bedell, two hundred sixty-four and 6/10 (26446) feet to a corner; Thence turning and running South-, 40° 581 West by land now or formerly of Condon, thirty-three and 5/10 (33.5) feet, to a cross wall; Thence running South 58° 161 20" West by said land formerly of Condon and by land now or formerly of Fuller,''five hundred ninety and 9/10 (590.9) feet to a point in said wall; Thence running South, 57° 281 30" West by land now or formerly of Staples, one hundred five and 9/10 (105.9 ) feet to a point in said wall; Thence running South 55° 38' West, by land of said Staples, ninety-nine (99) feet to a bend in said wall; Thence turning slightly and running South 36° 401 West, by said land of Staples five and 8/10 (5.8) feet to Concord Avenue; 199 Article- 101. Thence . tUrning-and running North 61° 57' 30" West, (Cont. ) by said Concord Avenue, one hundred thirty-six and 10/100 (136.10) feet to a point in the northeasterly line of said Concord Avenue; Thence running North 63° 30' West by said Concord Avenue, seventy-four and 50/100 (74.50) feet to the point of beginning. 8:13 P. M. Paul Boyd of the Niles Company is recognized and speaks for the article. 8:23 P. M. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board recommends that this article be indefinitely postponed. 8:27 P. M. General discussion. 8:45 P. M. Voice vote on Mr. Chapin's motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers . Opposed • 9 William J. Scouler 29 21 James F. Fenske 20 • 9 Stanley E. Toye 27 20 Malcolm R. Gavin 30 59 106 Motion, as presented- by Mr. Chapin., defeated. 8:47 P. M. Article 102. Presented by Norman J. Richards. MOTION: That the Zoning By-Law be amended as set forth in Article 102 of the Warrant for the 1970 Annual Town Meeting. 8:50 P. M. (Article 102 as set forth in the Warrant for the 1970 Annual Town Meeting: To amend the zoning by-law by adding at the end of Subsection 22.4 thereof the following new RM-multi family dwelling district 22.46a district on the south- easterly . eaaterly side of Maple' Street beginning at the most westerly corner of the premises, a point on the M.D.C. trunk sewer easement thence S 239 -2347" E, 264.28 feet to an angle point and the center line of the 40 foot Monroe Brook Easement; thence S 33°-42' -00E, 150410 feet along the center line of said brook; thence S 42Y.-381 -15"E, 251.98 feet along the center line of said brook; thence S 70°-41'08" E, 278.16 feet along the center line of said brook; thence S 58°-51.0 -4.5” E, 158. 82 feet along the centerline of said brook to a point on the westerly side line of Bryant Road on a curve with a radius of 297.00 feet; thence in a north- easterly directinn along said curve and westerly side- line of Bryant Road a. length of arc 112.09 feet to a point of curvature; thence N 5613-40?-10" E, 217.45 feet to a point in said sideline; thence N 33°-19'50" W, 21.72 feet to a point by Lot 33; thence N 61°-32' -20" W, 159.75 feet to a point and by said Lot 33; thence N 45°-19'-50" E, 203.52 feet to a point and by Lot 33 to Lot 32; thence N 40-091-20" W, 18.00 feet to a point and by Lot 32; thence N 28°-30'20" E, 212.73 feet to a point in the. southerly sideline of Dickens Road on a curve of Radius 315.00 feet, said point and next course delineate the end of Dickens Road; thence N 37°-071-57" E, 50.16 feet across said Dickens Road to the northerly sideline of Dickens Road on a curve of Radius 265.00 feet; thence N 31°-40'-50" E, 239.38 feet 200 Article 102. to a point and by Lot 23 at Lot 24; thence N_49°-341.40" (Cont. ) W 50.00 feet to a point and by Lot 24; thence N 141 -00" W, 139.90 feet to a point and by Lot 24 thence N 56°-04! -30" ,E, 450.06 to a point and by Lots 24, 25, and 26 to Lot corner of Lots 15 and 16; thence N 33°-02110" W, 215.00 feet to the southerly sideline of SeAderson Road; thence N 56°-571 -50" E, 23.00 feet along aforesaid sideline to a point of curvature and by Lot 16; thence N 31°-051 -44" E, 86.61 feet to a point in the northerly sideline . of aforesaid Sanderson Road and on a curve of Radius 255.00 feet, this course running diagonally across Sanderson Road to Lot 7; thence N 109-48u-20" W, 231.36 feet to a point and by Lot Tto the rear lot line of Lot 3, said Lot 3 fronts on Maple Street; thence S 67°-381 -10" W, 40.00 feet to a point and by Lot' 3 to Lot k; thence S 56°-181 -00" W, 804. 00 feet to a point in the easterly sideline of aforementioned Dickens Road, and by Lots k, 5, 6, 7, 8, 9, 10 and 11; thence N 33°-421 -00" W, 125.00 feet on said sideline and by Lot 11 to the southerly side- line of Maple Street; thence S 56°-18f-00" W, 124.87 feet along said sideline of Maple Street-to the center- line of Fessenden Brook and land now or formerly of Westberg; thence S 2°-06' -39" E, 48.54 feet to a point in the centerline of said brook and land of Westberg; thence S 10-231 .40" E, 40.28 feet as aforementioned; thence S 3?-44t -40" W, 62.55 feet to a point; thence S 560-18I -00" Wo 167.52 feet to a point by land of Westberg and Murphy to land of Smith; thence S 33°- 421 -00" E, 75.00 feet to a point and by land of Smith; thence S 56v-18L-00" W, 602.00 feet by land of Smith, Hyde, Doiham, Giurleo and Welch to the point of beginning. ) Mr. Richards for the article as Attorney for the Village Development Corporation. 9:04 P. M. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board unanimously recommends that Article 102 be defeated. 9:07 P. M. A standing vote was taken on the motion, as presented by Mr. Richards, as follows: In Favor Tellers Opposed 0 William J. Scouler 38 4 James F. Penske 36 2 - Stanley E. Toye 35 3 Malcolm R. Gavin 14.5 9 154 The motion, as offered by Mr. Richards, declared lost. 9:17 P. M. Stanley A. Brown moves that Article 78 be taken from the table. Carried Unanimously 9:17 P. M. Article 78. Presented by Stanley A. Brown 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 8Q of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section ,31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 35, 36, 41B on Assessors Property Map 38; and to raise and appropriate_ therefor the sum of $500.00. 9:18 P. M. 6 Article 78. Jack L. Mitchell moves that this matter be referred (Cont. ) back to 'the Conservation Commission for further study and report to a future town meeting. 9:28 P. M. Robert Cataldo and Norman J. Richards support the motion to re-commit. 9:33 P. M. William R. Page moves the previous question which was declared carried by voice vote. 9 37 P. M. A standing vote was taken as follows on Mr. Mitchell's motion: In Favor - Tellers Opposed 16 William J. Scouler 25 27 James F. Penske 13 8 Stanley E. Toye 29 Malcolm R. Gavin 17 92 84 Mr. Mitchell's motion that this matter be referred back to the Conservation Commission for further study was declared carried. 9:39 P. M. Article 103. Presented by Charles H. Cole, 2nd. MOTION;: To amend the Zoning By.FLaw by adding to Section 22 theereof entitled Geographical Description of Residence District, a new subsection 22.5 reading as follows: 22.5 RH -_ Subsidized Housing Districts: 22.51 A district at the westerly side of Marrett Road and the northerly side of Middle Street and northwesterly of their junction, containing fourteen (14) acres, more or less, and being shown upon plans of land entitled Compiled Plan of Land in Lexington: Mass. , by Albert A. Miller and Wilbur �ylander, dated December 2, 1968 (addition March 12, 1969), hereinafter called Plan No. 1, recorded in Middlesex South Deeds, Book 116?9, page 60, and Plan of Land in Lexington Mass. , by said Miller and Nylander, dated September 9, 1969, and recorded in Middle- sex South Deeds, Book 11749, page 729, hereinafter called Plan No. 2, bounded and described as follows: Mr. Cole asks that he be excused from reading the description of the land as set forth in Article 103 of the Warrant for the 1970 Annual Town Meeting. , Permission 'granted. 9:42 P. M. (Description of the land as set forth in Article 103 of the Warrant for the 1970 Annual Town Meeting reads as follows: Beginning at a point two hundred (200) feet from the northerly side of Middle Street at land of Thomas A. and Catherine A. Napoli, and running Southeasterly one hundred twenty-nine and 83/100 (129.83) feet by the northeasterly line of Lot marked "James L. and Bonnie Jones", as shown on Plan No. 2; thence Southwesterly by said Lot of Jones, forty (10) feet; thence Southeasterly as shown on said Plan No. 2, one hundredtwenty.five (125) feet to Lot of Panetta on said Plan No. 2; thence Northeasterly by said lot of Panetta, forty (40) feet,• thence southeasterly by said Lot of Panetta one hundred and twenty-five (125) feet; thence Southeasterly by Parcel A as shown on said Plan No. 2, twenty-five (25) feet; thence Southwesterly by said Parcel A, seventy (70) feet to the northeasterly boundary of a lot Marked "2, 16,250 sq. ft. " as shown on said Plan No. 2; thence Article 103. Southeasterly by said lot of 16,250 feet a distance Aof (Cont. ) one hundred twenty-five (125) feet to the northeasterly corner of said lot; thence Southwesterly by said `Lot of 16,250 square feet, one hundred thirty (130) feet to Middle Street; thence Southeasterly on said Middle Street seven hundred thirteen (713) feet, more or less; thence Northeasterly by a rounded corner seventy-two (72) feet, more or less, to Marrett Road (formerly School Street) ; thence running -Northerly on said Marrett Road, one thousand and seventy-five (1,075) feet, more or less to land now or formerly of John B. Heaney; thence turning and running Westerly by said land now or formerly of Heaney, three hundred and thirty (330) feet t to land now or formerly of James W. and Gail Degan; thence running Southwesterly by said land now or formerly of Degan and by land now or formerly of Reynold C. and Claire Y. Boselli, two hundred and ninety (290) feet, more or less; thence running Northwesterly by said land now or formerly of Boselli, one hundred (100) feet, more or less, to -land now or formerly of Thomas A. and Catherine A. Napoli, thence running Southwesterly by said land now or formerly of Napoli, two hundred and ninety-six (296) feet, more or less, to point of beginning. ) George Cass speaks for the article. 9:47 P. M. Donald M. Graham presents the Report of the Planning Board and states that the Planning Board recommends passage of Article 103. 9:52 P, M. Roland B. Greeley states that Commission on Suburban Responsibility is in favor of Article 103. 10:25 P. M. After general discussion, , John J. Downey, Jr. moves the previous question which was declared carried by voice vote. 10:36: P. M. A standing vote on the main motion, as offered by Mr. Cole, taken as follows: In Favor . Tellers Opposed 28 William J. Scouler 11 12 James F. Fenske 32 26 Stanley E. Toye 13 18 Malcolm R. Gavin 33 84 89 Mr. Cole's motion declared defeated. 10:38 P. M. Article 104. - Presented by Patricia K. Hagedorn. MOTION: To amend the Zoning By Law by adding at the end of Sub-Section 23.1 thereof the following new C-R office and research park district: A District on the Town of Lexington and City of Waltham boundary, on the Westerly side of the Northern Circum- ferential Highway (Route 128) on the Southwesterly side (Approved of the Route 128-Route 2 Interchange, so called, bounded by and described as follows: 1 Attorney General, Beginning at the Southeast corner of the within Robert H. described 'promises; running Norther]j by the easterly Quinn, sideline of Tracer Lane and Westerly sideline of July 7, -Northern Circumferential Highway, (Route 128) 140 feet, 1970) more or less, to a point, thence Northerly: by the Westerly sideline of the Northern Circumferential Highway (Route 128) , 1415.55 feet; thence Northwesterly by the sideline of said highway 83 feet, more or less, to the Hobbs Brook Basin of the Cambridge Water Works; thence Southerly by said Hobbs Brook Basin 950 feet, more or less; thence Westerly by said Hobbs Brook Basin 288,52 203 Article 104. feet; thence Southerly by other land of C-R Trust (Cont. ) 385 feet, more or less, to a point on the Waltham- Lexington town line which point is the intersection of said town line with the Northerly sideline of a right- of-way owned by the Boston Edison Company; thence Easterly by said town line 750 feet, more or less, to the Easterly sideline of a right of way known as Tracer Lane, being also, the Westerly sideline of the Northern Circumferential Highway (Route 128) being the point of beginning. Containing 11 ± A. of land more or less. 10:4}.0 P. M. n= Jacqueline B. Davison serves notice of reconsideration of Article 103. 10:52 P. M. Article 104. Francis T. Worrell presents the Report of the Planning (Cont. ) Board and states that the Planning Board recommends favorable action on Article 104. 10:54 P. M. William R. Whalon reads a letter addressed to the Moderator from Paul F. X, Powers, Councillor-At- Large, from Waltham regarding a resolution passed by the Waltham City CouzD 1. in opposition to Article 104. 11:07 P. M. After general discussion, James Cataldo moves the previous question which was declared carried by voice vote. 11:18 P. M. Erik Lund states that he will not vote on this article as his firm has represented Mr. Roberts in the past and that he has not signed the Planning Board Report covering this article. 11:20 P. M. The voice vote was not unanimous, so a standing vote was taken as follows on Mrs. Hagedorn's motion: In Favor Tellers Opposed 27 William J. Scouler 10 31 James F. Fenske 7 21 Stanley E. Toye 15 !�1 Malcolm R. Gavin 9 120 Li_i More than the required two-thirds having voted in favor, the main motion, as presented by Mrs. Hagedorn, is declared adopted. 11:24 P. M. Article 105. Francis T. Worrell moves that this article be indefinitely postponed. Carried Unanimously 11:25 P. M. Article 106. Allan F. Kenney moves that this article be indefinitely postponed. Carried Unanimously 11:27 P. M. Jacqueline B. Davison moves for reconsideration of Article 103. 11:28 P. M. Alfred P. Tropeano moves the previous question which was declared lost by voice vote. 11:29 P. M. Voice vote on previous question was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 18 William J, Scouler 21 37 James F. Fenske 2 9 Stanley E. Toye 23 39 Malcolm R. Gavin 13 103 59 Mr. Tropeano's motion for the previous question was declared carried. 11:32 P. M. 0 4 The motion on the floor at this time is Mrs. Davison's motion for reconsideration of Article 103. John J. Maguire asks Mrs. Davison if she would relinquish part of her ten minutes and Mrs. Davison granted his request. Mr. Maguire then spoke against reconsideration of Article 103 although he had originally been in favor of the passage of the article. 11:33 P. M. Reconsideration of Article 103 was declared lost by voice vote. 11:35 P. M. Article 107. Presented by Manfred P. Friedman, MOTION: To amend the Zoning By-Law of the Town by adding thereto a new section numbered 37 as follows: Section 37 The Board of Appeals may grant a special--- permit re77 development within any tract of land desig- nated as a Wetland Conservancy District, subject to the requirements and conditions described below. 37.1 The general objectives of creating a Wetland Conservancy District' are to protect the public health and safety, persons and property against the hazards of ground water inundation; to preserve and maintain the ground water table; for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along water courses, or in areas subject to a high water table; to preserve and increase the amenities of the Town; and to conserve natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public. 37.2 In a Wetland Conservancy District the following are permitted uses: 37.21 Conservation of water, plants or wildlife; 37.22 Recreation, including play areas, nature study, golf, boating, fishing, and hunting where otherwise legally permitted; 37.23, Grazing and farming, including truck gardening and harvesting of crops, and drainage, irrigation, and dams incidental thereto; 37.2 Forestry; j(0 5Telephone, telegraph, power and gas transmission, municipal water and sewer lines. 37.3 In a Wetland Conservancy District the Board of Appeals may issue a special permit for any of the following uses: 37.31, The erection of structures provided they otherwise conform with the provisions of this By-Law; 37.32 The changing of the grade or contour of the land by one or more feet; 37.33 Changes in water courses, or drainage works provided such changes are in accordance with a plan prepared or authorized by an appropriate public agency; 37.34. The temporary storage of materials or equipment; the erection of barns, stables, and the like for the shelter, breeding or boarding of animals and the storage of crops raised on the premises. 37.4. The application for a special permit in a Wetland Conservancy District shall be accompanied-by a preliminary plan showing the land contours at two-foot intervals, related to elevation above mean sea level (msl) indicating the bench marks used and certified by a registered land surveyor, and the location and elevation 2 O Article 107. of proposed structures and grading. Copies of the (Cont. ) plan shall also be submitted to the Planning Board, to the Board of Health and to the Conservation Commission. 37.5 The Board of Appeals shall not take any action on a petition for a permit for development within a Wetland Conservancy District until the Planning Board, the Board of Health, and the Conservation Commission shall have submitted their written recommendations to the Board of Appeals, or, 45 days shall have elapsed from the date of submission of the preliminary plan and application for a special permit. 37.6 The Planning Board, the. Board of Health, and the Conservation Commission shall submit in writing to the Board of Appeals their reports and recommenda- tions as to said application for special permit, to include at least the` following: 37.61 A general description of the tract in question and surrounding area. 37.62 An evaluation of the appropriateness of the proposed development and the' extent to which it accomplishes the objectives of a Wetland Conservancy District. 37.63 Their determination` as to the number of lots useable for building. 37.64 Recommendations for the granting or denial of the special permit, including recommendations for modifications restrictions or requirements to be imposed as a condition of granting a special permit. 37.7 In determining whether to grant a special permit for development within a Wetland Conservancy District the Board of Appeals shall consider: 37.71 The reports and recommendations of the Planning Board, Board of Health and Conservation Comm- ission. 37.72 The general objectives of a Wetland Conservancy District. 37.73 The existing and probable future development of surrounding area. 37.7L. The appropriateness of the proposed development or the Wetland Conservancy District in relation with topography, soils and other characteristics of the tract in question. 37.75 Whether the construction, fill or use of the tract will not endanger the health or safety of the occupants thereof or of other lands in or adjacent to the Wetland Conservancy District and whether it will interfere with drainage. 3?. differs 3778 the Where the Board of Appeals ! decision recommendation of the Planning Board, Board of Health or Conservation Commission, the Board of Appeals shall state in its decision the reasons therefore. 37.9 Nothing contained herein shall in any way exempt a proposed subdivision from compliance with the Rules and Regulations of the Planning Board. 20 Article 107. 37.10 Any use of premises which requires the (Cont. ) issuance of a special permit by or approval by the Board of Appeals or the issuance of a permit by the Building Inspector shall be deemed a permitted use under this section to the extent of such approval or permit, if, prior to the date this section is adopted by vote of the Town Meeting, such approval was given or such permit was issued. 37.11 Where a district boundary shall include a numerical figure followed by the letters msl, the boundaries shall be established along a contour line which is that number of feet above "mean sea level". The basic source for determining such a line shall be the U. S. Geological Survey as interpreted by the Planning Board on subsequent field surveys by registered land surveyors. 37.12 The areas constituted a Wetland Con- servancy District are described within geographical boundaries and as below a specified mean sea level (msl) . This implies that a Wetland Conservancy Dis- trict may be superimposed on existing zones and that not all land within the geographical boundary may be within the Wetland Conservancy District. 11:44.2 P. M. Frank H. Totman, Jr. raises the question of a quorum being present. The Moderator asks the tellers to take a count, which was done as follows: Tellers Count Malcolm R. Gavin 28 Stanley E. Toye 30 James F. Fenske 26 William J. Scouler 30 114 The presence of one hundred, members constitutes a quorum, therefore, the Moderator declares that there is a quorum present. 11:45 P. M. Article 107. Erik Lund presents the Planning Board Report covering (Cont. ) Article 107 and states that the Planning Board is opposed to the adoption of Article 107 and recommends that it be defeated. 11:51 P. M. Roland B. Greeley states that the Board of Selectmen unanimously agree with the Planning Board and do not recommend passage of this article. 11:53 P. M. Ephraim Weiss presents the following motion: I move to refer Article 107 . to the Planning Board and Conservation Commission, both separately and jointly, for a report and article at, or before, the next annual meeting. 11:58 P. M. James M. McLaughlin moves the previous question which was declared carried by voice vote. 12:02 A. M. Mr. Weiss 's motion to amend the main motion is declared lost by voice vote. 12:03 A. M. Standing vote on main motion taken as follows: In Favor Tellers Opposed 3 William J. Scouler 29 0 James F. Fenske 33 4 Stanley E. Toye 27 0 Malcolm R. Gavin 37 7 126 Main motion, as presented by Mr. Friedman lost. 12:05 A. M. 2 0 Article 109. Presented by Allen Lee Whitman, Jr. MOTION: To amend the General By-laws by adding a new section numbered XXX to read as follows: PERMANENT BUILDING COMMITTEE Section 1. The Town shall have a Permanent Building Committee consisting of five voters of the Town appointed for terms of three years each, the terms of no more than two of which shall expire in any one year. No regular member of the committee shall be a town officer or town employee. On or before the first day of May in each year the Town Manager shall appoint to the committee one or two members (as the case may be) to serve until April 30 in the third year thereafter and until his successor is appointed and qualified. The adoption of this by-law shall not effect the term of any member of the Permanent (Approved Building Committee as constituted and existing on the by effective date of this by-law. Any vacancy in the Attorney committee shall be filled by appointment by the manager General, and the member so appointed shall serve for the unexpired Robert H. term of his predecessor. If any regular member of the Quinn, committee ceases to be a resident of the Town, or July 7, accepts any position that would have made him ineligible 1970) for appointment to the committee, he shall forthwith cease to be a member of the committee. The committee shall choose its own officers. The board or committee for which a structure, recreational facility, or building is being planned or constructed shall appoint two non-voting representatives to the committee who shall be entitled to participate in the activities of the committee only with respect to the particular project for which they are so appointed and only for the time during which the committee is exercising its function with respect to such project. Section 2. When authorized by the Town, the Permanent Building Committee shall have general supervision over the design and construction of public structures, recreational facilities and building including the authority to employ professional assistants, to obtain bids, and to enter into contracts on behalf of the Town for preparation of plans and specifications, and for the construction, remodeling, alteration or renovation, including equipping and furnishing, of buildings and other structures and recreational facilities. The plans and specifications for all such construction, equipping and furnishing shallIn each instance be subject to the approval of the board or committee for which such building or recreational facility is being planned or constructed. The committee may make recommendations and reports to the Town from time to time and shall make an annual report of its activities and recommenda- tions to be published in the Annual Town Report. 12:07 A. M. Robert Cataldo states that the Board of Selectmen are opposed to the passage of this article. 12:12 A. M. Robert V. Whitman states that the Permanent Building Committee has no objections to the passage of this by- law amendment. 12:13 A. M. The main motion, as offered by Allen Lee Whitman, Jr. , declared carried by voice vote. 12:14 A. M. 208 Robert M. Gary, -Chai an of the Appropriation Col °tte, states. that the esti` ted tax rate is still about the s e as When the meeting started (s65,50), 12:16 A. M. Article 110. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 12:17 A. MA Robert ;;Cataldo, Chal of the Board of Selectmen, moves that the meeting be dissolved. Carried Unanimously 12:17 A. M. Town Clerk