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,