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HomeMy WebLinkAbout1971-01-11-STM-min 6 1 (WARRANT FOR SPECIAL TOWN MEETING - See Warrant Book) 0 SPECIAL TOWN MEETING HELD JANUARY 11, 1971 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :07 P. M. in the Cary Memorial Hall . There were 189 Town Meeting Members present. The Invocation was offered by Rev. Harold T. Handley of the Church of aur Redeemer. 8 :08 P. M. Robert Cataldo, Chairman of the Board of Selectmen, asked that the meeting pause for a moment of silence in memory for Robert A. Bittenbender, Town Meeting Member from Precinct Three, who passed away in December 1970. 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. Article 1. Edward E. Furash moves that the report of the Appro- priation Committee be accepted and placed on file. Carried Unanimously 8 :10 P. M. Carl Blake moves that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8 :10 P. M. Article 2. Presented by Thomas G. Taylor. MOTION: That the Permanent Building Committee, appointed under the 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 enter into a contract or contracts 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 in 1965, and to supervise the work; and that the sum of $4 ,300,000.00 be appropriated and that payment be provided by the issue of bonds or notes of the Town for the sum of $4 ,300,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $4 ,300,000.00 under the authority of Chapter 645 of the Acts of 1948 , as amended, 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 twenty years from their dates. 8 :12 P. M. Robert H. Farwell, Chairman of the School Committee, states that his committee is in favor of this article. 8 :28 P. M. Edward E. Furash, Chairman of the Appropriation Committee, states that his committee favors this proposal. 8 :31 P. M. Louis A. Zehner, Town Treasurer, shows charts of payments and explains the effect on the tax rate. 8 :53 P. M. Robert Cataldo, Chairman of the Board of Selectmen, states that his board unanimously recommend passage of this article. 8 :55 P. M. Diane Lund speaks for the League of Women Voters in favor of this article. 8 :58 P. M. 22G Article 2. James M. McLaughlin moves the previous question which (Cont. ) was declared carried by voice vote. 9 :03 P. M. Motion, as presented by Mr. Taylor, carried unanimously. 9 :04 P. M. Article 3. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school, play- ground, street and other public... purposes. all or any part of a parcel of land extending northerly from the northerly terminus of that portion of Stedman Road that was accepted as a public way on September 28 , 1931, said land being shown on a plan entitled "Plan Showing Proposed Taking of a Portion of Stedman Road Land in Lexington, Mass. " , dated December 2, 1970, Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Surveyors; and to raise and appropriate therefor the sum of $200.00. Carried Unanimously 9 :05 P. M. Article 4. Presented by Robert Cataldo. MOTION: That the additional sum of $175,000.00 be appropriated to be used in conjunction with the money appropriated under Article 74 of the Warrant for the 1968 Annual Town Meeting for the installation of a sewer main or mains in such locations as the Selectmen may determine from the vicinity of Hamilton Road to the Metropolitan District Commission sewer line in Lexington, for the enlargement, alteration, replacement or reconstruction of the North Lexington pumping station and the equipment therein, and the acquisition of land or interests therein necessary therefor, and that pay- ment thereof be provided by raising the sum of $75 ,000.00 in the current tax levy and by the issue of bonds or notes of the Town for the balance of $100,000.00, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100,000.00 under General Laws, Chapter 44 , Section 7 , Clause (1) , and to issue bonds or notes of the Town payable within three years from their dates, provided that the total borrowing authorized hereby shall be reduced by the amount by which the total of any Federal and State construction grants obtained for the purpose of carrying out the projects and payments to the Town by the Town of Bedford and the United States Air Force, if any, representing their shares of the costs of said projects, exceeds the sum of $550,000.00 authorized to be borrowed under said Article 74 .. Carried Unanimously 9 :18 P. M. Article 5. Presented by Robert Cataldo. MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 4 . of ARTICLE XXV and inserting in place thereof a new Section 4. to read as follows: Section 4 . No person shall fire or discharge any rifle, shotgun, air-rifle or pistol on or across any land within the confines of the Town, but this section shall not prevent the use of such firearms in the lawful defense and protection of one ' s person or other human being or property, nor shall it apply to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges duly approved by the Chief of Police, nor to the discharge of blank ammunition if otherwise lawful. 9:19 P. M. 227 Article 5. Mr. Cataldo stated that this article was inserted in (Cont. ) the warrant at the request of the Hunting Committee. 9:22 P. M. John J. Seitz moves to amend the proposed new Section 4 by inserting, following the word "duties" , the phrase : , nor to the general public for organized shooting sports" 9 :29 P. M. The Moderator called a recess at 9 :33 P. M. The meeting was called to order by the Moderator at 9 :38 P. M. Article 5. John J. Seitz withdraws his amendment as offered (Cont. ) above. 9 :38 P. M. John J. Seitz offers a second amendment to replace his withdrawn amendment. Mr. Seitz moves to amend the proposed new Section 4 by inserting, following the word "practice" , the phrase "by the Police Department and the general public" 9 :39 P. M. Mr. Seitz 's second amendment declared carried by voice vote. 9 :40 P. M. Main motion, as amended, (shown below) declared carried by voice vote. 9 :40 P. M. Article 5, as amended, now reads : MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 4 . of ARTICLE XXV and inserting in place thereof a new Section 4 . to read as Approved follows: by Attorney Section 4 . No person shall fire or discharge any General rifle, shotgun, air-rifle or pistol on or across any Robert H. land within the confines of the Town, but this section Quinn shall not prevent the use of such firearms in the February 3, lawful defense and protection of one' s person or other 1971 human being or property, nor shall it apply to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice by the Police Department and the general public upon ranges duly approved by the Chief of Police, nor to the discharge of blank ammunition if otherwise lawful. Carried by voice vote. 9 :40 P. M. Article 6 . Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $4 ,000 .00 for Account No. 4100 Fire Department - Personal Services to be expended, in conjunction with and in addition to amounts authorized under Chapter 44 , Section 13 , of the General Laws, for firemen' s salaries prior to the time of making the 1971 annual appropriation therefor. 9:40 P. M. Town Manager, Walter C. O'Connell, explains that because of the new law that required firemen to be paid time and one half for overtime and the shorter work week it is necessary for this additional appropriation. 9 :45 P. M. Motion, as presented by Mr. Cataldo, declared carried by voice vote. 9 :50 P. M. 228 Article 7. Presented by Robert Cataldo. MOTION: To amend the General By-Laws of the Town of Lexington by striking Section 2. of ARTICLE III and inserting in place thereof a new Section 2. to read as follows: Section 2. The warrant for a town meeting shall A 'roved be served by posting a printed copy thereof in the Town Office Building and in a public place in each of by Attorney the precincts of the Town and also by sending by mail, General postage prepaid, not less than seven days before the Robert time stated in the warrant for holding such meeting, H. Quinn a printed copy of such warrant addressed to each February 3, dwelling house and to each dwelling unit in multiple 1971 dwelling houses, apartment buildings or other buildings in the Town. Carried by voice vote. 9 :50 P. M. Article 8 . Presented by Erik Lund. MOTION: To amend the Zoning By-Law as set out in Article 8 of the Warrant for this Town Meeting, excepting only that in each numbered paragraph set forth in part A. thereof the map number shall be inserted after the words "Zoning District Map" and shall be deleted from the title of the map, for example, paragraph 22.31 shall read: 22.31 A district on the southwesterly side of Massachusetts Avenue as shown on Zoning District Map No. RT-1 entitled "RT TWO FAMILY DWELLING (Approved DISTRICTS" , designated thereon 22.31. by 9 :55 P. M. Attorney General, (Article 8 as set forth in the Warrant for this Town Robert H. Meeting: Quinn, March 18 , To see if the Town will vote to amend the Zoning By-Law 1971. ) as follows: A. By deleting the text of subsections 22.3, 22 .4 , 23.1, 23.2, 23.3, 23.4 , 23.6 , 23.7 and 23.9 and by deleting the narrative, descriptions of the zoning districts in paragraphs 22.31, 22.32, 22.33, 22 .41, 22.42, 22.43, 22.44, 22.45, 22.46, 23 .11, 23.12 , 23 .13, 23 .14, 23.15, 23.16 , 23.17, 23.18 , 23 .19,23 .21, 23 .22, 23.31, 23.32, 23.41, 23.42, 23.61, 23 .62, 23.63, 23.64 , 23.65, 23.66, 23.67, 23.68, 23 .71, 23.72, 23.73, 23 .74 , 23.75, 23.76, 23.77, 23.78, 23.79, 23.80, 23.81, 23.82, 23.83, 23.84, 23.85, 23.86, 23.91, 23.92 , 23 .93 , 23.94 , 23.95, 23 .96, 23.97, by inserting in place thereof the new text as set forth below for each of said subsections and paragraphs and by adopting and incorporating as a part of the Zoning Map the Zoning District Maps designated in said paragraphs set forth below and on file in the office of the Town Clerk, said subsections and paragraphs to read as follows: 22.3 RT - two family dwelling districts are as follows: 22.31 A district on the southwesterly side of Massachusetts Avenue as shown on Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1P , desig- nated thereon 22.31. 22.32 A district on the southwesterly side of Massachusetts Avenue as shown on the Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1P , designated thereon 22.32. 2 2 9 Article 8 . 22.33 A district between the northeasterly line of (Cont. ) Massachusetts Avenue and the railroad right-of-way as shown on the Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1:' , designated thereon 22 .33. •22.4 RM multi-family dwelling districts are as follows: 22.41 A district at the southeasterly corner of Massachusetts Avenue and Woburn Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1 . " , designated thereon 22.41. 22.42 A district on the southerly corner of Waltham Street and Worthen Road as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-2 . " , designated thereon 22.42. 22.43 A district on the southeasterly side of Maple Street at Emerson Road as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1. " , designated thereon 22.43. 22.44 A district on the southerly side of Worthen Road between Massachusetts Avenue and Bedford Street as shOwn on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3. " , designated thereon 22.44 . 22.45 A district on the southwesterly side of Shirley Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3. " , designated thereon 22.45. 22.46 A district off Winthrop Road southeasterly of Waltham Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-4 . " , designated thereon 22.46. 23.1 CR - office and research park districts are as follows: 23.11 A district on the northeasterly side of the Cambridge-Concord Highway (Route 2) on both sides of Spring Street as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-1. " , designated thereon 23.11. 23.12 A district on the westerly side of Wood Street as shown on the Zoning Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-2 . " , designated thereon 23 .12 . 23.13 A district at the southwesterly side of Marrett Road west of the Northern Circumferential Highway (Route 128) as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-3 . " , designated thereon 23,13. 23.14 A district on the southeasterly side of the Route 128 - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-4, " , designated thereon 23 .14 . 23.15 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. " , designated thereon 23.15. 23.16 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. " , designated thereon 23.16. 23.17 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. " , designated thereon 23.17. 230 Article 8 . 23.18 A district on the northerly side of Hayden (Cont. ) Avenue as shown on the Zoning District map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. " , designated thereon 23.18. 23.19 A district on the southwesterly side of the Route 128 - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-6. " , designated thereon 23 .19. 23.2 CH - hotel, office and research park districts are as follows: 23.21 A district on the southwesterly side of Bedford Street between Route 128 and Hartwell Avenue as shown on the Zoning District Map entitled "CH HOTEL, OFFICE AND RESEARCH PARK DISTRICT CH-1. " , designated thereon 23.21. 23.22 A district on the westerly side of the Northern Circumferential Highway (Route 128) and the northeasterly side of Marrett Road as shown on the Zoning District Map entitled "CH HOTEL, OFFICE AND RESEARCH PARK DISTRICT CH-2 . " , designated thereon 23.22 . 23 . 3 CM - manufacturing and research park districts are as follows : 23 .31 A district between the northwesterly side of the Northern Circumferential Highway and Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING AND RESEARCH PARK DISTRICT CM-1. " , desig- nated thereon 23.31. 23.32 A district northwesterly of Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING AND RESEARCH PARK DISTRICT CM-1. " , designated thereon 23.32 . 23.4 CO - office districts are as follows : 23.41 A district on the easterly side of Waltham Street as shown on the Zoning District Map entitled "CO OFFICE DISTRICTS CO-1. " , designated thereon 23 .41. 23.42 A district on the northwesterly side of Worthen Road as shown on the Zoning District Map entitled "CO OFFICE DISTRICTS CO-1: , designated thereon 23.42. 23.6 CN - neighborhood business districts are as follows: 23 .61 A district on the easterly side of Bedford Street between North Hancock Street and Harding Road as shown on the Zoning District Map entitled "CN NEIGHBOR- HOOD BUSINESS DISTRICT CN-1. " , designated thereon 23 .61. 23.62 A district on the northerly side of Marrett Road as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICT CN-1. " , designated thereon 23.62. 23.63 A district at the northeasterly corner of Lincoln and School streets as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-2 . " , designated thereon 23.63. 23.64 A district at the southwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3. " , designated thereon 23.64 . 231 Article 8. 23.65 A district at the southeasterly corner of Wal- (Cont. ) tham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3. " , designated thereon 23 .65. 23.66 A district on the westerly side of Bedford Street as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-4 . ", designated thereon 23.66. 23.67 A district on the northeasterly side of Bedford Street north of the Boston and Maine Railroad as shown on the Zoning District Map entitled"CN NEIGHBOR- HOOD BUSINESS DISTRICTS CN-2. " , designated thereon 23 .67. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3.-" , designated thereon 23.68 . 23.7 CG - general business districts are as follows: 23.71 A district on the southwesterly' side of Massachusetts Avenue northwesterly of the Arlington line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1. " , designated thereon 23 .71. 23.72 A district on the easterly side of Massachusetts Avenue and the southerly line of Curve Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1. " , designated thereon 23.72 . 23.73 A district at the southwesterly corner of Massachusetts Avenue and Independence Avenue as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1. " , designated thereon 23.73 . 23.74 A district on the northeasterly side of Bedford Street southwest of the Boston and Maine Railroad as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-2 . " , designated thereon 23.74 . 23.75 A district on the southwesterly side of Bed- ford Street between the railroad right of way and the North Lexington Brook as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-3 . ", designated thereon 23.75. 23.76 A district at the northeasterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4 . " , designated thereon 23.76 . 23.77 A district at the southeasterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4 ." , designated thereon 23.77. 23.78 A district at the southwesterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4. " , designated thereon 23.78 . 23.79 A district at the westerly corner of Marrett Road and Spring Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-5 . ' , designated thereon 23.79. 23.80 A district at the southeasterly corner of Lin- coln Street and Marrett Road as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-6. " , designated thereon 23 .80. 232 Article 8 . 23.81 A district at the northeasterly corner of (Cont. ) FletcherAvenueand Woburn Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9. " , designated thereon 23.81. 23.82 A district at the junction of Lowell Street and North Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-7. ", designated thereon 23.82. 23.83 A district at the southwesterly, corner of Lincoln Street and Marrett Road as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-6 . " , designated thereon 23.83. 23.84 . Districts at the junction of Woburn and Lowell Streets as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-8 . ", designated thereon 23.84. 23.85 A district at the northwesterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4 . " , designated thereon 23.85. 23.86 A district on the easterly side of Waltham Street at Waltham line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9. " , designated thereon 23.86. 23.9 CB - central business districts are as follows: 23.91 A district on the northwesterly side of. Massachusetts Avenue northwest of the Arlington line as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-1. " , designated thereon 23.91. 23.92 A district on the southwesterly side of Massachusetts Avenue between Waltham and Muzzey streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2. " , designated thereon 23.92. 23.93 A district on the southwesterly side of Massachusetts. Avenue northwest of Muzzey Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2. " , designated thereon 23.93. 23.94 A district on the northeasterly side of Massachusetts Avenue between Grant and Meriam streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2 . " , designated thereon 23.94 . 23.95 A district on the southwesterly side of Bedford Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3. " , designated thereon 23.95. 23.96 A district between the northeasterly side of Bedford Street and the Boston and Maine Railroad as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3. " , designated thereon 23. 96. 23.97 A district on the southwesterly side of Massachusetts Avenue southeast of Waltham Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2. " , designated thereon 23 .97 . Article 8 . B. By deleting the text of SECTION 10 thereof and (Cont. ) inserting in place thereof a new SECTION 10 to read as follows: SECTION 10. For the purposes set forth in General Laws, Chapter 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143 , and any other enabling laws, the inspection, materials, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as hereinafter defined or referred to and shown on the Zoning District Maps and on the Zoning Map of the Town of Lexington prepared by the Planning Board and on file in the office of the Town Clerk, which Zoning District Maps and Zoning Map are hereby made a part of this By-Law. . Said Zoning District Maps and Zoning Map may be revised from time to time by the Planning Board to show the location and boundaries of zoning districts, as voted or amended by the Town, and by addition, deletion or modification of geographical features to keep the maps reasonably current and to facilitate orientation. C. By deleting the text of subsection 14 .3 and inserting in place thereof a new subsection 14 .3 to read as follows: 14 .3 Any deletion, addition or change in the location or boundaries of a zoning district made through the amendment of this By-Law shall be indicated by the alteration of the aforesaid Zoning District Maps and Zoning Map, and the maps thus altered are declared to be a part of this By-Law thus amended. A vote of the Town adding a zoning district or changing or redefining the boundaries thereof made in the form of a verbal description shall be incorporated in this By-Law in graphic form by addition to or alteration of the Zoning District Maps and the Zoning Map, but any delay or error in altering or preparing the Zoning District Maps and the Zoning Map, or a failure to alter or prepare said maps, shall not postpone or otherwise affect the effectiveness of any amendment. D. By deleting the text of Section 21 and inserting in place thereof a new Section 21 to read as follows: SECTION 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map, including the Zoning District Maps, or as hereinafter described, and the description in the vote of the town meeting establishing or amending said boundaries, the vote of the town meeting shall govern. ) Albert S. Richardson, Jr. serves notice of reconsideration of Article 6 . 9 :58 P. M. Article 8. Erik Lund states that the Planning Board unanimously (Cont. ) favors passage of this article and files the Planning Board Report covering Article 8 . 9 :57 P. M. The motion, offered under Article 8 by Erik Lund, declared carried unanimously. 9 :59 P. M. Article 9. Presented by Robert Cataldo. MOTION: That the Town accept a gift in the amount of $300.00 under the will of Georgie Burr Smith for the perpetual care and maintenance of the Hendley, Burr and Dunning cemetery lot in the Munroe Cemetery in Lexington. Carried Unanimously 10 P. M. 2114i Article 10. Presented by Robert Cataldo. MOTION: That the Town accept a gift in the amount of $1,500.00 under the will of Katharine Harrington to establish a seedling Town Forest, the donor's expressed wish having been that, if practical, it is to be planted and maintained by Junior or Senior High School students. Carried Unanimously 10:05 P. M. Article 11. Presented by Otis S. Brown, Jr. MOTION: To amend the Lexington Zoning By-Law by adding to the enumeration of uses in paragraph 25 .24 of Section 25 thereof in the column entitled "Use Desig- nation" the following: "Indoor or outdoor Tennis Clubs" 10:06 P. M. Permission was granted to Thomas Swaim to address the meeting concerning this article. 10:07 P. M. Mr. Swaim represented William Potter of 21 Fair Oaks Terrace the main proponent of this article. 10:14 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 10. 10:15 P. M. Article 11. Eric Lund moves that Article 11 subject matter be (Cont.) referred to the Planning Board. (*See below for exact 10:16 P. M. motion) Mr. Lund files the Report of the Planning Board. 10:17 P. M. Mr. Lund's motion to refer the subject matter of Article 11 to the Planning Board was declared carried by voice vote. 10 :21 P. M. (* Exact motion as presented by Mr. Lund: "The Planning Board moves that the subject matter of Article 11 be referred to the Planning Board for inclusion in a study of commercial recreational facilities in residential areas, the Planning Board to report to the Town Meeting not later than the 1972 Annual Town Meeting. ) Carried by voice vote. 10 :21 P. M. Article 12. Presented by Norman J. Richards. MOTION: That the Zoning By-Law be amended by adding at the end of subsection 22.5 thereof entitled "RH - Subsidized Housing Districts" in proper numerical sequence the following new paragraph: 22.51 A district at the Eastern terminus of Clematis Road, five hundred and fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street, containing twenty one and 80/100 (21.8) acres, more or less, and being bounded and described as follows: Beginning at a point in the Southerly side line of Clematis Road, five hundred fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street thence northerly across Clematis Road to land now or formerly of Lawrence and Dorothy C. Covert; thence easterly by said Covert land seventy (70- feet; thence Northeasterly by said Covert land nine hundred fifteen (915) feet to land of the Town of Lexington; thence Easterly by land of said Town two hundred thirty eight (238) feet to other land of the Town of Lexington; thence Southerly 2 3 5- Article 12 . and Easterly in an arc by land of the said Town fifteen hundred and thirty two (1532) feet to (Cont. ) other land of the Town of Lexington; thence South- westerly partly by land of the Town of Lexington and partly by land now or formerly of Albert & Harry DeVincent three hundred five (305) feet to land now or formerly of Charlotte Sanderson; thence Northwesterly by land of said Sanderson five hundred forty (540) feet; thence Southwesterly by said land of Sanderson two hundred thirty five (235) feet to land now or formerly of Curleys L. Slocum, Jr. et al; thence Northwesterly by land of said Slocum two hundred fifty (250) feet, thence Northeasterly by land of the Evangelical Covenant Church of Cambridge three hundred forty five (345) feet; thence Northwesterly by land of said Evangelical Covenant Church of Cambridge three hundred eighty (380) feet; thence Northeasterly by the land of said Evangelical Covenant Church of Cambridge one hundred seventy (170) feet to the point of beginning; all said distances being more or less. All as shown on a plan entitled "Plot Plan Showing Area Proposed to be Rezoned in Lexington, Mass. " dated Oct. 23, 1970, Albert A. Miller - Wilbur C. Nylander, Civil Engineers & Surveyors. 10 :25 P. M. Herbert W. Eisenberg, Chief Architect of the project, shows slides. 10:39 P. M. Erik Lund, ChairMan of the Planning Board, states that the Planning Board unanimously favors this proposal, and files the Planning Board Report. 10:48 P. M. Paul B. West moves that this article be re- committed to the Planning Board for further study. 10:52 P. M. Mr. West's motion to recommit this article to the Planning Board declared, lost by voice vote. 11:02 P. M. Mary McKinney, President of the League of Women Voters, speaks for the League in favor of this main motion. 11 :15 P. M. Wilbur E. Cheever moves the previous question. Standing vote on Mr. Cheever's motion as follows: In Favor Tellers Opposed 22 Logan Clarke, Jr. 14 15 Robert M. Gary 26 30 Joseph 0. Rooney 13 24 Homer J. Hagedorn 27 91 80 Previous question carried, 11 :25 P. M. Lloyd S. Beckett, Jr. moves for a roll call vote on the main question. Voice vote doubted on this motion, so a standing vote taken as follows : In Favor Tellers Opposed 18 Logan Clarke, Jr. 16 15 Robert M. Gary 24 6 Joseph O. Rooney 36 11 Homer J. Hagedorn 39 50 115 Motion for a roll call vote on the main motion lost. 11 :40 P. M. 236 Article 12 . Standing vote on main motion, as presented by Norman J. (Cont. ) Richards, taken as follows: In Favor Tellers Opposed 29 Logan Clarke, Jr. 7 34 Robert M. Gary 8 15 Joseph 0. Rooney 28 29 Homer J. Hagedorn 21 107 64 Less than the required two-thirds having voted in the affirmative, Article 12 is defeated. 11 :43 P. M. Article 13. Presented by William E. Maloney, Jr. MOTION: To vote to authorize the Conservation Commission to purchase or otherwise acquire and authorize the Selectmen to convey, for conservation 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 now owned by the Town of Lexington by Tax Title or otherwise, located southeasterly of the Northern Circumferential Highway (Rte. 128) , south- westerly of the Boston and Maine Railroad, north- westerly of Garfield Street and northeasterly of the Pine Meadows Golf Club, (commonly known as the Meagherville area) , appropriate $350.00 therefor by transfer from available funds. 11 :45 P. M. Permission granted to Anthony Mancini to speak. 11:50 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 12. 11:54 P. M. Article 13. Martin I. Small moves for indefinite postponement (Cont. ) of Article 13. 11:54 P. M. Howard M. Kassler, speaking for the Conservation Commission, speaks in favor of indefinite postponement. 11 :56 P. M. Standing vote on the motion to indefinitely postpone taken as follows: In Favor Tellers Opposed 34 Logan Clarke, Jr. 1 44 Robert M. Gary 0 44 Joseph O. Rooney 0 44 Homer J. Hagedorn 5 166 6 The motion to indefinitely postpone Article 13 is declared carried. 12 :03 A. M. Haskell W. Reed moves that the meeting be dissolved. 12 :04 A. M. Standing vote on dissolution of meeting taken as follows : In Favor Tellers Opposed 8 Logan Clarke, Jr. 27 15 Robert M. Gary 26 33 Joseph O. Rooney 10 28 Homer J. Hagedorn 22 84 85 The motion to dissolve the meeting declared lost. 12 :07 A. M. 237 Eric T. Clarke moves for reconsideration of Article 12.. 12 ;08 A. M. Standing vote on the motion to reconsider Article 12 taken as follows: In Favor Tellers Opposed 29 Logan Clarke, Jr. 8 31 Robert M. Gary 12 10 Joseph O. Rooney 32 26 Homer J. Hagedorn 24 96 76 Motion to reconsider Article 12 declared carried. 12 :10 A. M. Article 12. After general discussion, Alfred S. Busa moves the previous question which was declared carried by voice vote. 12:27 A. M. Standing vote on main motion, as presented by Norman J. Richards, taken as follows: In Favor Tellers OppoSed 29 Logan Clarke, Jr. 7 33 Robert M. Gary 8 17 Joseph O. Rooney 27 29 Homer J. Hagedorn 21 108 63 Less than the required two-thirds having voted in the affirmative, the main motion offered under Article 12 is defeated. 12:29 A. M. Robert Cataldo, Chairman of the Board of Selectmen, moves that the meeting be dissolved. Carried Unanimously 12:30 A. M. 114 144, Mary R. McDonough, Town Clerk Franklin C. Hudson and Nancy D. Hudson, 58 Laconia Street, resigned as Town Meeting Members in Precinct One as of February 8, 1971,