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HomeMy WebLinkAbout1974-04-01 to 1974-05-07 ATM-min 4;52 ANNUAL TOWN MEETING - APRIL 1, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at 8:04 P. M. in Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by Rev. Harold T. Handley, Rector Emeritus of the Church or Our Redeemer. 8:06 P. M. The following resolution was read by the Moderator: WHEREAS, the Town of Lexington is the Birthplace of American Liberty and is proud of its heritage and of its concerned citizens who are dedicated to govern- mental interests and service to humanity; And WHEREAS, the Crocker Family were concerned citizens of Lexington who were indeed active in governmental service, religious activities, and service organizations; And WHEREAS, The Crocker Family were unable to continue their roles of active service to the community by their untimely demise in an airplane mishap on July 1, 1973. NOW THEREFORE, BE IT RESOLVED that the 1974 Annual Town Meeting of the Town of Lexington honor the Crocker Family's contribution to society by this Resolution and by a permanent family record to be kept in the Cary Memorial Library for future generations, in addition to the tree which will be planted on Buckman Tavern grounds in their memory through the efforts of neighborhood children. Millerd Chandler Crocker II, Town Meeting Member from Precinct 8,; his wife, Bernice A. Crocker, and their three children, Millerd Chandler Crocker III, Matthew Crocker, and Scott Crocker. The Moderator declared the resolution carried unanimously. 8:08 P. M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further reading was waived. 8:10 P. M. The Constable's Return of the Warrant was read by the Town Clerk. 8:10 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Richard M. Perry moved that the report of the Data Processing Study Committee be accepted and placed on file and the Committee discharged. Carried Unanimously 8:11 P. M. Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8:12 P. M. Article 4. Presented by Allan F. Kenney. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:12 P. M. The Moderator read the line items as follows: 452, Article 4. Selectmen's Department (Cont.) #1000 Personal Services $ 43,123.00 A. Lee Whitman, Jr. moved to amend line item #1000 by striking the figure of $43,123.00 and substituting therefor the figure $35,923.00. 8:13 P. M. The Board of Selectmen and the Appropriation Committee both spoke in opposition to the amendment. Mr. Whitman's amendment declared lost by voice vote. 8:22 P. M. 1050 Expenses 9,500.00 8:22 P. M. Town Manager's Office 1060 Personal Services 56,000.00 1065 Expenses 1,400.00 Ephraim Weiss moved to amend Article 4 by changing the amount in Account No. 1065 to $2,400.00. 8:23 P. M. Mr. Weiss explained that the increase in the budget was to be used to publish a booklet containing general, zoning, building by-laws, Chapter 90 information etc. for the Town Meeting Members. Mr. Kenney stated that the cost would be closer to $3,000.00 to publish such a booklet and suggested that the Town Meeting Members Association study this project and present a proposal to the Board of Selectmen. The booklet would be paid for by the town, not the Town Meeting Members Association. 8:28 P. M. Mr. Weiss's motion to amend declared lost by voice vote. 8:31 P. M. Town Manager's Jurisdiction 1075 Clerical Pool - P. S. 30,383.00 1080 Office Furniture and Fixtures 3,500.00 1090 Professional Services 18,000.00 1125 Fire and Police Medical 3,700.00 1130 Director of Guides - P. S. 1,000.00 1135 Out-of-State Travel 4,000.00 1140 Training and Travel - OUt-of-State 2,775.00 1141 Tuition and Training Fees 10,050.00 1142 In-State Travel 6,250.00 8:33 P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services 12,000.00 1148 Safety Program Expenses 500.00 8:33 P. M. Town Clerk's Department 1150 Personal Services 41,164.00 1200 Expenses 1,135.00 1250 Vital Statistics 650.00 8:33 P. M. Personnel Department 1300 Personal Services 20,000.00 1350 Expenses 100.00 8:33 P. M. 454 Article 4. Trustees of Public Trusts (Cont.) #1450 Expenses $ 640.00 8:34 P. M. Board of Appeals 1500 Personal Services 7,831.00 1550 Expenses 1,750.00 8:35 P. M. Planning Board 1600 Personal Services 42,893.00 Edward E. Furash moved that the sum of $35,893.00 be substituted for the sum of $42,893.00 in Account #1600, Planning Board Personal Services. 8:36 P. M. The difference in the amounts was to be used for an employee who would help the Conservation Commission. Mrs. Angela Frick, Chairman of the Conservation Commission, said that the workload of the commission has tripled and could not be handled properly without extra help. Both the Board of Selectmen and the Planning Board opposed the amendment. Motion to amend, as offered by by Mr. Furash, declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 5 2 7 Francis G. Fuery 12 3 4 Joseph A. Campbell 12 4 7 Judith J. Uhrig 10 5 6 George F. McCormack 13 6 2 John T. Marvell 14 7 2 John R. Campbell 17 8 12 Mary E. Shunney 5 9 9 Jane P. Buckley 9 At Large 14 Howard L. Levingston 13 Totals 71 110 Motion to amend account #1600, as offered by Mr. Furash, not adopted. 9:01 P. M. 1650 Expenses 2,960.00 9:01 P. M. Insurance 1700 Group 216,000.00 1750 Municipal Property and Workmen's Comp. 188,720.00 9:01 P. M. Printing Town Report 1760 Expenses 7,000.00 9:01 P. M. After a question by Albert S. Richardson, Jr. regarding the percentage of increase in the overall budget, the Moderator called a three minute recess at 9:08 P. M. The meeting was again called to order by the Moderator at 9:12 P. M. -. Law Department 1775 Fees 34,250.00 1800 Expenses 7,500.00 9:26 P. M. 455 Article 4. Elections (Cont.) #1900 Selectmen Jurisdiction $ 18,160.00 1950 Town Clerk Jurisdiction 14,800.00 9:26 P. M. Board of Registrars 2000 Personal Services 6,350.00 2050 Expenses 6,775.00 9:27 P. M. Appropriation Committee 2250 Expenses 3,735.00 9:27 P. M. Capital Expenditures Committee 2300 Expenses 150.00 9:27 P. M. Permanent Building Committee 2360 Expenses 150.00 9:27 P. M. Town Celebrations Committee 2400 Expenses 500.00 9:27 P. M. Historic Districts Commission 2450 Expenses 1,600.00 9:27 P. M. Conservation Commission 2460 Expenses 3,580.00 9:27 P. M. Recreation Committee 2470 Personal Services 72,265.00 2480 Expenses 17,000.00 9:27 P. M. Treasurer's and Collector's Department 2500 Personal Services 51,025.00 2525 Expenses 8,270.00 2575 Foreclosure and Redemption 450.00 9:27 P. M. Comptroller's Department 2800 Personal Services 77,972.00 2850 Expenses 3,250.00 2860 Revenue Sharing - Administrative Exp. 500.00* *To which the sum of $500.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 9:28 P. M. Comptroller's Jurisdiction 2925 Office Machines - Capital OUtlay 5,850.00 2930 Office Machines - Maint. and Repair 6,500.00 2935 Office Services - Copier and Supplies 6,700.00 2940 Metered Mail 16,225.00 9:32 P. M. 156 Article 4. Assessors' Department (Cont.) #2950 Personal Services $ 46,886.00 3000 Expenses 7,300.00 9:33 P. M. ** Health Department (SEE BELOW FOR AMENDED BUDGET) 3250 Personal Services 33,007.00 3300 Expenses 41,165.00 Frank H. Totman, Jr. moved to amend Article 4 by striking the sum of $41,165 from account 3300 and substituting the sum of $41,683. 9:35 P. M. Mr. Totman stated that the increase in this budget is for the use of the Lexington Visiting Nurses Association for direct services for the elderly. He also stated that he, and other town meeting members who were on the board of the Lexington Visiting Nurses Association, had no financial interest in this amendment. 9:40 P. M. Joseph 0. Rooney moved the previous question, which was declared carried by voice vote. 9:43 P. M. Mr. Totman's amendment declared carried by voice vote. 9:43 P. M. Weiss Ephraim/moved to reduce Account No. 3300 by $28,200, and to establish a new Account No. 3350, called " Mystic Valley Mental Health Center," and to appropriate $28,200 under Account No. 3350. 9:45 P. M. Edward E. Furash moved the previous question, which was declared carried by voice vote. 9:53 P. M. Mr. Weiss's motion to amend declared carried by voice vote. 9:53 P. M. 3450 Rabies Clinic 1,515.00 9:53 P. M. ** Health Department Budget, as amended, now reads: 3250 Personal Services 33,007.00 3300 Expenses 13,483.00 3350 Mystic Valley Mental Health Center 28,200.00 3450 Rabies Clinic 1,515.00 Health Jurisdiction - Dog Officer 3500 Personal Services 11,336.00 3550 Expenses 2,595.00 9:53 P. M. Police Department 3750 Personal Services 861,909.00* *Of which $10,000.00 is to be transferred from the Parking Meter Fund. 3800 Expenses 97,000.00 3900 Parking Meter Maintenance 3,000.00* *Of which $3,000.00 is to be transferred from the Parking Meter Fund. 9:56 P. M. 4157 Article 4. Fire Department (Cont.) #4100 Personal Services (**Amended below) $ 808,655.00* Edward E. Furash moved under account #4100 to delete the sum of $808,655.00 and substitute therefor the sum of $798,655.00. 9:57 P. M. Selectman, Fred C. Bailey, spoke of the need of the extra man on the Fire Department - more for fire prevention than fire fighting. He stated that the Board of SelecLmen were in favor of the original motion and opposed to the amendment. 10:03 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 10:11 P. M. Motion to amend account #4100, as offered by Mr. Furash, declared carried by voice vote. 10:11 P. M. Item #4100, as amended, now reads: 4100 Personal Services (**As amended) 798,655.00* 4150 Expenses 48,072.00 4200 Ambulance Maintenance 1,500.00 4250 Forest Fires 100.00 *To which the sum of $375,000.00 in available and anticipated P.L. 92-512 funds (Federal Revenue Sharing Funds) is to be applied. 10:11 P. M. Local Disaster Services 4300 Personal Services 1,500.00 4350 Expenses 900.00 4360 Auxiliary Fire Expense 300.00 10:11 P. M. Inspection Department 4450 Personal Services 47,307.00 4500 Expenses 1,310.00 10:12 P. M. Public Works Department 4900 Personal Services 956,934.00* *Of which $14,000 is to be transferred from the Westview Perpetual Care Fund, and $7,000.00 is to be transferred from the Westview Sale of Lots Fund. 10:18 P. M. Director of Public Works Office 4950 Personal Services 128,730.00 5000 Expenses 5,150.00 10:18 P. M. Engineering Department 5100 Personal Services 181,536.00 5150 Expenses 4,000.00 10:18 P. M. Town Buildings Maintenance 5200 Personal Services 44,816.00 5250 Expenses 108,000.00 10:18 P. M. 4 Article 4. Highway Maintenance (Cont.) #5400 Expenses $ 88,000.00* *Of which $4,400.00 is to be transferred from the Parking Meter Fund. 10:19 P. M. Road Machinery 5450 Expenses 101,000.00 10:19 P. M. Snow Removal 5500 Expenses 105,000.00* *Of which $3,000.00 is to be transferred from the Parking Meter Fund. 10:19 P. M. Traffic Regulations and Street Signs 5550 Expenses 11,500.00 10:19 P. M. Street Lights 5600 Expenses 135,000.00 10:19 P. M. Sewer Maintenance and Services 5700 Expenses 36,450.00 10:20 P. M. Garbage Collection 5800 Contract 82,000.00 10:20 P. M. Sanitary Land Fill 5850 Expenses 60 000.00 10:20 P. M. Water Maintenance and Services 5900 Expenses 37,675.00 10:22 P. M. Park 6000 Expenses 55,000.00 10:22 P. M. Insect Suppression 6050 Expenses 1,350.00 10:22 P. M. Shade Tree 6100 Expenses 8,300.00 10:22 P. M. Dutch Elm Disease 6150 Expenses 3,200.00 10:23 P. M. Cemeteries 6400 Expenses 3,150.00* *Of which $1,000.00 is to be transferred from the Westview Sale of Lots Fund. 10:23 P. M. 459 Article 4. Veterans' Benefits (Cont.) #7100 Personal Services $ 7,480.00 7150 Administration 150.00 7200 Aid and Expenses 60,660.00 10:23 P. M. Grave Registrations 7250 Expenses 400.00 10:23 P. M. Soldiers' Burials 7300 Expenses 250.00 10:23 P. M. Cary Memorial Library 7500 Personal Services 300,349.00* 7550 Expenses 92,000.00** *$11,957.25 is also available as State Aid to Libraries. **To which will be added $6,033.27 received from the County Dog License Fees. 10:24 P. M. Board of Retirement 7800 Contributory Pension Fund 274,175.00 7825 Non-Contributory Pension Fund 130,000.00 7850 Expenses 2,525.00 10:25 P. M. Public Schools 7920 Public School - Education 13,164,211.00* *Of which $12,300.00 is for out-of-state travel. To which $300,000.00 unexpended in the 1973-74 School Personal Services Budget, $100,000.00 unexpended in the 1973-74 School Expense Budget, and $279,625.00 in available and anticipated P.L. 864, P.L. 874, ESEA 89-10 and State METCO funds is to be applied, and the balance is raised and appropriated under this article. Howard M. Kassler said that he would refrain from voting on any amendment having to do directly with the Public Schools Budget but he would vote on Article 4 as a whole. 10:34 P. M. Appropriation Committee member, Donald B. White, who was the liason with the School Committee, said that his committee supported the Public Schools budget as presented. 11:11 P. M. Richard A. Michelson moved to recommit the Public Schools budget to the School Committee but his motion was declared lost by voice vote. 11:18 P. M. Albert S. Richardson, Jr. moved to postpone further discussion of Article 4 to a time certain which would be the first order of business at the next session of town meeting but his motion was declared lost by voice vote. 11:34 P. M. 460 Article 4. Regional Voc. Tech. High School (Cont.) #8100 Operating Budget $ 239,534.00 8200 Capital Budget 131,802.00 11:40 P. M. Debt Payment 8500 Interest on Debt 349,761.00 8525 Interest on Loans - Tax & Bond Antic. 125,000.00 8550 Maturing Debt 1,571,000.00 11:40 P. M. Main motion, as presented by Allan F. Kenney, as amended, declared carried by voice vote. 11:40 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 3, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 11:41 P. M. A true copy. Attest: Mary R. McDonough, Town Clerk Kenneth M. Cox, 36 North Street, resigned as a Town Meeting Member from Precinct 6 on April 3, 1974. John F. Downey, Jr. , 24 Hancock Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 6 at the March 4, 1974 election, accepted a position as Town Meeting Member from Precinct 6 to fill the vacancy caused by Mr. Cox's resignation. Term expires in March 1975. 461 ADJOURNED TOWN MEETING - APRIL 3, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:53 P. M. in the Cary Memorial Hall. There were 184 Town Meeting Members present. The invocation was offered by Monsignor John P. Keilty, Pastor of St. Brigid's Church. 7:55 P. M. Jane E. Berchtold, Chairman of the School Committee, read the following: "I want the Town Meeting to think tonight about Vernon Page and how his fine character and engaging personality has touched each of us whether we knew him for fifty years, or five years or even briefly. His deep devotion to his family and friends, his business associates, and to the community in so many capacities remains unparalled. His selflessness was evident in his reply to the often asked question 'Why are you running for School Committee?' He would say 'The town has given so much to me and my family, I want to repay it if I can. ' He did that and much more." 7:56 P. M. The Moderator then asked that the meeting observe a moment of silence in memory of Mr. Page. 7:56 P. M. Article 2. Stephen Michael Politi moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously 7:57 P. M. Article 5. Presented by Allan F. Kenney. 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 for the fiscal year beginning July 1, 1974, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried by voice vote. 7:57 P. M. Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 7:58 P. M. Frank Sandy serves notice of reconsideration of Article 6. 7:59 P. M. Article 7. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 7:58 P. M. Article 8. Presented by Edward E. Furash. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount $21,800.00 be transferred from the Reserve Fund - Overlay Surplus, $90,200.00 be transferred from the unexpended balance of the amount appropriated under Article 8 of the warrant for the 1973 Annual Town Meeting and $38,000.00 be raised in the tax levy. Carried Unanimously 8 P. M. 2 Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the current fiscal year. Carried Unanimously 8 P. M. Article 10. Presented by Fred C. Bailey. MOTION: That the sum of $11,957.25 received in 1974 as State Aid to public libraries be appropriated for use by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 8:01 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote 8:01 P. M. Article 12. Sanborn C. Brown moved that Article 12 be tabled. (See Page 521) Carried by voice vote 8:02 P. M. Article 13. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may deter- mine prior to the final adjournment of the 1975 Annual Town Meeting. Carried by voice vote 8:04 P. M. Article 14. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to obtain appraisals on land and on rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or open space or off-street parking or school purposes or any combination of said purposes, and the Selectmen be and they are hereby authorized to acquire by purchase, eminent domain or otherwise the land or rights therein that are recommended for such purposes, and to appropriate therefor the sum of $1,000.00, and that such amount be raised in the tax levy. Carried Unanimously 8:06 P. M. Article 15. Presented by Sanborn C. Brown. MOTION: That the sum of $4,000.00 be appropriated for the develop- ment of Westview Cemetery and that to raise such amount $4,000.00 be transferred from Westview Cemetery Sale of Lots Fund. Carried Unanimously 8:08 P. M. Article 16. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and that such amount be raised in the tax levy. Carried by voice vote 8:17 P. M. Article 17. Presented by Fred C. Bailey. MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, 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 Article 17. Chapter 263 of the Acts of 1926, as amended, or otherwise, and to (Cont.) take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $35,000.00 for such installation and land acquisition, and that such amount be raised in the tax levy. 8:17 P. M. Ephraim Weiss moved to amend Article 17 by inserting the following after the words "in land necessary therefor," providing that during planning for any action under this article, the Con- servation Commission shall be consulted regarding ecological consierations; 8:18 P. M. Mr. Weiss's motion to amend declared lost by voice vote. 8:21 P. M. Main motion, as presented by Mr. Bailey, declared carried unanimously. 8:22 P. M. Article 18. Presented by Fred C. Bailey. MOTION: That the Selecl.auen be and they hereby are authorized to install new or replacement water mains in such accepted or un- accepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $25,000.00 for such installation and land acquisition, and that to raise such amount $3,500.00 be transferred from Sale of Real Estate Lots Account and $21,500.00 be raised in the tax levy. Carried Unanimously 8:23 P. M. Article 19. Presented by Fred C. Bailey. MOTION: a. that the Selectmen be and they hereby are authorized to con- (See struct concrete, bituminous concrete and other sidewalks, at such Pages locations as they shall determine, where the abutting owner pays 478 one-half of the cost or otherwise; and to appropriate the sum of & $90,000.00 therefor, and that such amount be raised in the tax 479.) levy; and b. that further to appropriate the sum of $35,000.00 in order to provide that any sidewalk constructed on Massachusetts Avenue in the Center of the Town be brick, and that such amount be raised in the tax levy. 8:24 P. M. Frank I. Michelman requested that the article be divided and that the vote be taken separately on a. and b. The Moderator ruled that the article would be divided for voting purposes. 8:30 P. M. John Deutch stated that he would like to be able to vote on the streets separately but the Moderator ruled that this could not be done. 8:44 P. M. John Deutch moved to amend the motion by striking the figure $90,000.00 and substituting therefor the figure $57,000.00. 8:46 P. M. James M. McLaughlin moved to recommit this article to the Board of Selectmen. 8:47 P. M. 4[64 Article 19. Motion to recommit Article 19, Section a. was declared carried by (Cont.) voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 7 2 9 Francis G. Fuery 8 3 14 Joseph A. Campbell 2 4 5 Judith J. Uhrig 12 5 15 George F. McCormack 4 6 10 John T. Harvell 3 7 14 John R. Campbell 3 8 16 Mary E. Shunney 1 9 10 Jane P. Buckley 5 At Large 12 Howard L. Levingston 10 Totals 110 55 Motion to recommit Article 19, Section a. to the Board of Selectmen declared adopted. 9:03 P. M. Paul A. Plasse moved to recommit Article 19, Section b. to the Board of Selectmen which was declared carried by voice vote. 9:03 P. M. Article 20. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or un- accepted streets or other land as the Selectmen may determine, sub- ject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $350,000.00 therefor and that to raise such amount $15,000.00 be transferred from the unexpended balance of the amount appropriated under Article 43 of the warrant for the 1973 Annual Town Meeting, $5,550.00 be transferred from the unexpended balance of the amount appropriated under Article 43 of the warrant for the 1971 Annual Town Meeting, $11,841.23 be trans- ferred from the unexpended balance of the amount appropriated under Article 8 of the Special Town Meeting of June 12, 1967, $21,706.77 be transferred from the unexpended balance of the amount appropriated under Article 8 of the Special Town Meeting of June 14, 1971 and $295,902.00 be raised in the tax levy. 9:08 P. M. Joan P. Crothers moved that Article 20 be amended to read following the words "as the Selectmen": "and a committee of not more than 10, but including one member from each precinct appointed by the Selectmen". 9:12 P. M. Town Counsel, Norman P. Cohen ruled that Mrs. Crother's motion was not legal. 9:13 P. M. The Moderator called a five minute recess at 9:15 P. M. The Moderator again called the meeting to order at 9:30 P. M. Article 20. Allan P. Kenney stated that the intent of Mrs. Crother's motion was (Cont.) to create better communication between the Board of Selectmen and the citizens and he promised better communication in the future. 9:32 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 9:32 P. M. 0 Article 21. Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in the Carriage Drive area of the Town as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, 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 $60,000.00 therefor and that such amount be raised in the tax levy. 9:33 P. M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 9:45 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 9:47 P. M. Article 22. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:51 P. M. Article 23. Presented by Sanborn C. Brown. MOTION: That the sum of $75,000.00 be appropriated for constructing, originally equipping and furnishing a building for storing equipment of the Department of Public Works, and that such amount be raised in the tax levy. 9:52 P. M. Stanley A. Brown asked about the advisability of fencing the yard and using attack dogs for vandalism protection. 9:56 P. M. Roy Weinstein moved to amend the motion by deleting the sum of $75,000.00 and substituting therefor the sum of $7,500.00 and by deleting the words "originally equipping and furnishing a building" and substituting therefor the words "a fenced in area protected by automatic alarms". 10:12 P. M. Mr. Brown stated that the Selectmen would prefer voting down the main motion than have this amendment passed. 10:12 P. M. Daniel E. Power moved that Article 23 be indefinitely postponed. 10:13 P. M. John Deutch moved the previous question which was declared carried by voice vote. 10:15 P. M. Mr. Weinstein's motion to amend declared lost by voice vote. 10:16 P. M. Motion to indefinitely postpone Article 23, as offered by Mr. Power, declared carried by voice vote. 10:16 P. M. Article 24. Presented by Fred C. Bailey. (*See MOTION: That the sum of $150,000.00 be appropriated for the purchase Page by or with the approval of the Selectmen of equipment for the Depart- 466 ment of Public Works, and to raise such amount $25,000.00 be trans- for ferred from the unexpended balance of the amount appropriated under amended Article 24 of the warrant for the 1973 Annual Town Meeting and motion.) $125,000.00 be raised in the tax levy. 10:17 P. M. 466 Article 24. Edward E. Furash moved to amend Article 24 by striking the sum of (Cont.) $150,000.00 and substituting therefor the sum of $119,000; and by striking the sum of $125,000.00 and substituting therefor the sum of $94,000.00. 10:23 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, stated that his committee recommended purchasing all of the equipment as requested in the budget. 10:32 P. M. Motion to amend, as presented by Mr. Furash, declared carried by voice vote. 10:37 P. M. Frank Sandy moved to amend the motion under Article 24 by deleting the amount $119,000.00 and replacing it by the amount $80,000.00 and by replacing the amount $94,000.00 by $55,000.00. 10:37 P. M. Mr. Sandy's motion to amend declared lost by voice vote. Main motion, as amended, now reads: (*Amended MOTION: That the sum of $119,000.00 be appropriated for the purchase motion.) by or with the approval of the Selectmen of equipment for the Depart- ment of Public Works, and to raise such amount $25,000.00 be trans- ferred from the unexpended balance of the amount appropriated under Article 24 of the warrant for the 1973 Annual Town Meeting and $94,000.00 be raised in the tax levy. Main motion, as amended, declared carried unanimously. 10:42 P. M. Allan F. Kenney moved that the meeting be adjourned to Thursday, April 4, 1974 at 7:45 P. M. in Cary Memorial Hall. Carried by voice vote. 10:43 P. M. A true copy. Attest: -7) cd>4314-4 V Mary R. McDonough, Town Clerk 467 ADJOURNED TOWN MEETING - APRIL 4, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:53 P. M. in the Cary Memorial Hall. There were 181 Town Meeting Members present. The invocation was offered by Rev. Theodore Stylianopoulos, Pastor of St. Nicholas Greek Orthodox Church. 7:55 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he wished to speak about the proposed schedule of the upcoming adjourned sessions of this town meeting. The Selectmen and the Town Meeting Members Association had recommended Monday, Wednesday and Thursday sessions for the first two weeks and no sessions during the week of the April 19th celebration. Mr. Kenney reminded the meeting that April 11th being Holy Thursday no session would be recommended for that date. Adjourned sessions would be recommended starting April 22, after the April 19th vacation week, and the Monday, Wednesday and Thursday schedule would be resumed if approved by town meeting members. 7:57 P. M. Article 25. Presented by Allan F. Kenney. MOTION: That the sum of $60,000.00 be appropriated for highway construction under authority of Chapter 90 of the General Laws of all or any part of the section of Hancock Street from Harrington Road to Adams Street, and that such amount be raised in the tax levy. 8:02 P. M. William T. Spencer moved to amend Article 25 by adding at the end the words: Provided that the outer line of the sidewalks shall not be relocated to a position further from the roadway than they presently are. 8:03 P. M. Motion to amend, as offered by Mr. Spencer, declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Herbert R. Adams 10 2 2 Francis G. Fuery 14 3 11 Joseph A. Campbell 6 4 3 Judith J. Uhrig 11 5 6 George F. McCormack 13 6 14 Alan G. Adams 1 7 9 John R. Campbell 8 8 1 Mary E. Shunney 15 9 8 Jane P. Buckley 6 At large 3 Howard L. Levingston 19 Totals 59 103 Mr. Spencer's motion to amend, declared lost. 8:12 P. M. After general discussion, James M. McLaughlin moved the previous question which was declared carried by voice vote. 8:27 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. 8:27 P. M. Article 26. Presented by Allan F. Kenney. MOTION: That the sum of $6,000.00 be appropriated for highway maintenance under the authority of Chapter 90 of the General Laws, and that such amount be raised in the tax levy. Carried Unanimously 8:30 P. M. Article 27. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:30 P. M. Article 28. Presented by Fred C. Bailey. MOTION: That the sum of $10,000.00 be appropriated for improving and upgrading traffic control signals in the Town, and that such amount be raised in the tax levy. 8:30 P. M. Fredric S. Cohen moved to amend Article 28 by striking out the sum of "$10,000" and substituting the sum of "$11,000". 8:32 P. M. - Mr. Cohen explained that the increase was to be used for a left-hand turn signal at the intersection of Massachusetts Avenue and Waltham Street. 8:32 P. M. Mr. Bailey stated that this budget was to be used for maintenance purposes only and the need for the turn signal should be referred to the Traffic Committee. 8:36 P. M. John Deutch moved the previous question which was declared carried by voice vote. 8:40 P. M. Mr. Cohen's motion to amend was declared lost by voice vote. 8:41 P. M. Main motion, as offered by Mr. Bailey, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 11 Herbert R. Adams 1 2 11 Francis G. Fuery 5 3 9 Joseph A. Campbell 8 4 14 Judith J. t7hrig 1 5 15 George F. McCormack 4 6 5 Alan G. Adams 11 7 6 John R. Campbell 11 8 13 Mary E. Shunney 3 9 9 Jane P. Buckley 5 At large 14 Howard L. Levingston 8 Totals 107 57 Main motion, as offered by Mr. Bailey, declared carried. 8:45 P. M. Article 29. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. 8:46 P. M. Ephraim Weiss moved to recommit Article 29 to the Board of Selectmen but the motion was not adopted. 8:52 P. M. Motion to indefinitely postpone Article 29, as presented by Mr. Kenney, carried unanimously. 8:53 P. M. Article 30. Presented by Sanborn C. Brown. MOTION: That this article be indefinitely postponed. Carried by voice vote. 8:54 P. M. I Article 31. Presented by Sanborn C. Brown. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:54 P. M. 469 Article 32. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they are hereby authorized to (*See convey land owned by the Town and shown as Lot 71 on Assessors' below Property Map 84, located on Hinchey Road, an unaccepted street, for to the 115 Kendall Corporation on such terms as the Selectmen amended shall deem advisable, provided that the Town shall have the motion.) right to remove gravel from the site prior to its conveyance, that the purchase price shall not be less than $6,000.00 and that the buyer will bear all expenses of the conveyance. 8:55 P. M. Paul A. Plasse moved to amend Article 32 by adding at the end thereof: "And that Hinchey Road will not be lowered or altered in any manner unless written agreements are first received from the owners of the property that contains domestic dwellings and abuts Hinchey Road". 9 P. M. The Moderator called a five minute recess at 9 P. M. The Moderator again called the meeting to order at 9:15 P. M. The Moderator read Mr. Plasse's motion. 9:16 P. M. Arthur Carota, 65 Meriam Road, Waltham was recognized. Mr. Carota represented one parcel of land on Hinchey Road and spoke in favor of the amendment. 9:20 P. M. Frederick Conroy represented 115 Kendall Corporation and after speaking on their behalf he answered questions. In answer to Francis G. Fuery, he stated that the price of the land was 964 per foot and the gravel will be moved to the dump site. 9:23 P. M. In answer to a question posed by Robert H. Kingston, Town Counsel, Norman P. Cohen, stated that the amendment was in order. 9:30 P. M. Mr. Plasse's motion to amend was declared carried by voice vote. 9:32 P. M. Motion, as amended, now reads: (*Amended MOTION: That the Selectmen be and they are hereby authorized to motion.) convey land owned by the Town and shown as Lot 71 on Assessors' Property Map 84, located on Hinchey Road, an unaccepted street, to the 115 Kendall Corporation on such terms as the Selectmen shall deem advisable, provided that the Town shall have the right to remove gravel from the site prior to its conveyance, that the purchase price shall not be less than $6,000.00 and that the buyer will bear all expenses of the conveyance and that Hinchey Road will not be lowered or altered in any manner unless written agreements are first received from the owners of the property that contains domestic dwellings and abuts Hinchey Road. Main motion, as amended, declared carried by voice vote. 9:32 P. M. Article 33. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to accept a gift from Concord Avenue Realty Corp. of a parcel of land consisting of 87,742 square feet and shown as parcel A on "Plan of Land in Lexington, Mass." dated July 31, 1972 by Miller and Nylander, recorded in Middlesex South Registry of Deeds, Book 12330, Page 537, such parcel to be for conservation purposes, and further that the Selectmen be authorized to accept a twenty foot sewer easement as shown on said plan. 9:33 Conservation Commission member, Gary Larson gave an explanation of the gift. 9:33 P. M. Motion, as presented by Mrs. Frick, carried unanimously. 9:35 P. M. 1 Article 34. Presented by Allan F. Kenney. (*See MOTION: That the sum of $110,000.00 be appropriated under the amended provisions of Chapter 911 of the Acts of 1971 in anticipation of the motion celebration of the two hundredth anniversary of the American Revolution, below.) and that such amount be raised in the tax levy. 9:36 P. M. Selectman Kenney stated that he felt it an honor to present this article and that the Board of Selectmen were unanimously behind this article and the program planned. 9:37 P. M. Kingston Howard, Chairman of the Lexington Bicentennial Committee, gave a progress report and estimated costs. 9:45 P. M. John Deutch moved to amend Article 34 by deleting the sum of $110,000.00 and substituting therefor the sum of $95,000.00. 9:45 P. M. The Moderator called a recess at 9:55 P. M. while the Town Counsel was in the process of making a ruling on a motion presented by John F. Downey, Jr. The Moderator called the meeting to order at 9:58 P. M. Mr. Downey's motion was not presented in writing to the Town Clerk but the effect of the motion was that no money could be spent if Richard M. Nixon, whether or not he was still President, attended any of the events. Norman P. Cohen, Town Counsel, ruled that John F. Downey, Jr. 's motion to amend, as written, was illegal. 10 P. M. Mr. Deutch's motion to amend declared carried by voice vote. 10:07 P. M. Main motion, as amended, now reads: (*Amended MOTION: That the sum of $95,000.00 be appropriated under the provisions motion.) of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that such amount be raised in the tax levy. Main motion, as amended, declared carried by voice vote_ 10:08 P. M. William J. Scouler serves notice of reconsideration of Article 34. 10:08 P. M. Article 35. Presented by Stephen Michael Politi. MOTION: That the Town ratify the action of the Board of Selectmen in appointing a subcommittee of the Lexington Bicentennial Committee-to study, plan, and implement the rededication of the Lexington Battle Green on or about April 20, 1975. 10:08 P. M. Roland B. Greeley, member of the Lexington Bicentennial Committee, answered questions from the floor. 10:16 P. M. William E. Maloney moved the previous question which was declared carried by voice vote. 10:2.0 P. M. Main motion, as presented by Mr. Politi, declared carried by voice vote. 10:20 P. M. 47 Article 36. Presented by Lois W. Brown. MOTION: That the Zoning By-Law of the Town be amended as follows: (*See A. By inserting in Section 25.80, after the words non-commercial Amended vehicle:** the following: Motion below.) "short-term occupancy of one, but not more than one, parked camping vehicle as defined in Section 40, subject to the provi- sions of Article XXIV, Section 27 of the General By-laws." B. By inserting in section 40, after the definition of BUILDING the following: "CAMPING VEHICLE: A registered self-propelled camper or automobile-drawn trailer used as a mobile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities." 10:22 P. M. Mrs. Brown gave a summary of the Planning Board Report which she filed with the Town Clerk. 10:25 P. M. Daniel E. Power served notice of reconsideration of Article 35. 10:32 P. M. Article 36. James M. McLaughlin moved the previous question which was declared (Cont.) lost by voice vote. 10:33 P. M. Frank I. Michelman moved to amend Part A of the motion under Article 36 by adding at the beginning of the clause to be added to Section 25.80 the words "prior to January 1, 1977 but not thereafter," so that the entire clause to be added to Section 25.80 shall read: "prior to January 1, 1977 but not thereafter, short-term occupancy of one, but not more than one, parked camping vehicle as defined in Section 40, subject to the provisions of Article XXIV, Section 27 of the General By-Laws." 10:34 P. M. Mr. Michelman's motion to amend declared carried by voice vote. 10:47 P. M. J. Keith Butters moved the previous question which was declared carried by voice vote. 10:49 P. M. (*Amended Main motion, as amended, now reads: Motion) MOTION: That the Zoning By-Law of the Town be amended as follows: (Approved by Atty. A. By inserting in Section 25.80, after the words non-commercial Gen. , vehicle:** the following: Robert H. Quinn, "prior to January 1, 1977 but not thereafter, short-term June 19, occupancy of one, but not more than one, parked camping vehicle 1974. as defined in Section 40, subject to the provisions of Article XXIV, Section 27 of the General By-Laws. " Advertised in Lex. B. By inserting in section 40, after the definition of BUILDING Min. Man. , the following: July 25, Aug. 1 & "CAMPING VEHICLE: A registered self-propelled camper or 8, 1974) automobile-drawn trailer used as a mobile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities." Main motion, as amended, declared carried unanimously. 10:50 P. M. William J. Scouler moved that the meeting be adjourned to Monday, April 8, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:50 P. M. A true copy. Attest: icA:445-vvk., Mary R. McDonough, Town Clerk 472 Jane E. Berchtold, 5 Saddle Club Road, resigned as a Town Meeting Member from Precinct 5 on April 4, 1974. Wallace Cupp, 141 Woburn Street, having received the highest number of votes as a defeated candidate for Town Meeting Member in Precinct 5 at the March 4, 1974 election, accepted a position as Town Meeting Member from Precinct 5 on April 5, 1974. Mr. Cupp will fill the vacancy caused by Mrs. Berchtold's resignation and his term will expire in March 1975. 473 ADJOURNED TOWN MEETING - APRIL 8, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:52 P. M. in the Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Rev. Dr. Donald Wells, Pastor of the Trinity Covenant Church. 7:55 P. M. Article 2. Edward E. Furash moved that the Supplementary Report - Articles 45-55 of the Appropriation Committee be accepted and placed on file. 7:55 P. M. Mr. Furash stated that the estimated tax rate at this point in the meeting is $72.20. Mr. Furash's motion declared carried unanimously. 7:57 P. M. Article 37. Presented by Lois W. Brown. (*See MOTION: That Article XXIV of the General By-Laws of the Town of Page Lexington be amended by adding a new Section 27 to read as follows: 474 for Parking of Occupied Camping Vehicles Motion as Section 27. A camping vehicle occupied as an accessory use in a Amended.) REsidence District under Section 25.80 of the Zoning By-Law (a) shall not be located anywhere within a Historic District; (b) shall not be operated to deposit waste or water onto the grounds; (c) shall conform to the appropriate yard requirements of Section 27 of the Zoning By-Law except where the unit is located on a driveway; and (d) shall not be occupied for more than three consecutive nights unless specifically approved by the Board of Appeals acting under Section 25.94 of the Zoning By-Law. 7:59 P. M. Mrs. Brown read the third paragraph of the Planning Board Report filed under Article 36 at the April 4, 1974 Adjourned Town Meeting. 8:04 P. M. Richard K. Eaton moved to amend Section 27, item (d) by substituting the word "five" in place of the word "three" so that item (d) will read "shall not be occupied for more than "five consecutive nights" — — — — 8:04 P. M. Mr. Eaton's motion to amend declared carried by voice vote. 8:14 P. M. Alfred S. Busa moved that the motion under Article 37 be amended by adding the following sentence at the end of the new section 27: "No charge or fee may be imposed for the parking of such a camping vehicle." 8:15 P. M. Mr. Busa' s amendment declared carried by voice vote. 8:27 P. M. J. Keith Butters moved to amend Article 37 by striking Subsection (a) of Section 27 in its entirety, and relettering following subsections (a) , (b) , and (c) , respectively. 8:27 P. M. Mr. Butter's motion to amend declared carried by voice vote, which was doubted, so a standing vote taken as follows: X4 Article 37. Precinct In Favor Tellers Opposed (Cont.) 1 9 Herbert R. Adams 6 2 13 Michael J. O'Sullivan 3 3 11 Joseph A. Campbell 6 4 7 Judith J. Uhrig 11 5 13 George F. McCormack 6 6 14 John T. Harvell 5 7 16 John R. Campbell 1 8 10 Mary E. Shunney 7 9 9 Jane P. Buckley 8 At large 10 Howard L. Levingston 13 Totals 112 66 Mr. Butters motion to amend Article 37 is adopted. 8:33 P. M. _I Robert M. Gary moved the previous question which was declared carried by voice vote. 8:34 P. M. Main motion, as amended, now reads: (*Amended MOTION: That Article XXIV of the General By-Laws of the Town of motion.) Lexington be amended by adding a new Section 27 to read as follows: Parking of Occupied Camping Vehicles (Approved Section 27. A camping vehicle occupied as an accessory use in a by Atty. Residence District under Section 25.80 of the Zoning By-Law (a) shall Gen. , not be operated to deposit waste or water onto the grounds; (b) shall Robert conform to the appropriate yard requirements of Section 27 of the H. Quinn, Zoning By-Law except where the unit is located on a driveway; and Aug. 2, (c) shall not be occupied for more than five consecutive nights 1974. unless specifically approved by the Board of Appeals acting under Advertised Section 25.94 of the Zoning By-Law. No charge or fee may be in Lex. imposed for the parking of such a camping vehicle. Min. Man.- Aug. 15, Main motion, as amended, declared carried by voice vote. 22 & 29, 8:34 P. M. 1974.) Article 38. Presented by Stephen Michael Politi. MOTION: That the sum of $8,000.00 be appropriated to develop and equip picnic areas on public land in the Town for use during the Bicentennial period, and that such amount be raised in the tax levy. 8:35 P. M. Roland B. Greeley of the Bicentennial Committee spoke on the article and answered questions. In answer to a question by Robert I. Rotberg, Mr. Greeley stated that some sample areas to be used are the Marrett Road side of the Old Reservoir Area, Clarke Junior High playground, Harrington School play area and that they should be areas near a main highway. In answer to a question by Martin V. Sussman, Mr. Greeley stated that the areas would be used for approximately one year and that it would be up to the town meeting to decide whether they wanted them to be permanent picnic areas. 8:50 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:50 P. M. Motion, as offered by Mr. Politi, declared carried by voice vote. 8:50 P. M. Article 39. Presented by Stephen Michael Politi. MOTION: That the sum of $3,500. be appropriated to develop and equip camping facilities on public land in the Town for use during the Bicentennial period, and that such amount be raised in the tax levy. 8:52 P. M. Frank Sandy serves notice of reconsideration of Article 37. 8:52 P. M. Article 39. Ephraim Weiss moved to amend Article 39 by adding at the end: (Cont.) provided that the rates shall be set sufficiently high to tend to encourage emergency use only. 9:05 P. M. The Moderator called a five minute recess at 9:06 P. M. The Moderator called the meeting to order at 9:22 P. M. The Moderator read Mr. Weiss's motion to amend. 9:23 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 9:28 P. M. Martin V. Sussman moved to amend Article 39 by inserting, after the word facilities, "emergency overnight parking". 9:28 P. M. Motion to amend, as offered by Mr. Sussman, declared lost by voice vote. 9:34 P. M. Main motion, as offered by Mr. Politi, declared carried by voice vote. 9:35 P. M. Article 40. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:35 P. M. Article 41. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:37 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That the sum of $31,000.00 be appropriated for reconstructing, repairing and maintaining existing tennis courts, and that such amount be raised in the tax levy. 9:37 P. M. Richard M. Wertheim, Chairman of the Recreation Committee, explained that the committee wished to put the present courts in good shape. There will be major repair work on four courts in the Center Play- ground - present cost of $6,000.00 each, totalling $24,000.00. Two courts at Adams School and two courts at Valley Road need resurfacing at an estimated cost of $7,000.00. 9:40 P. M. Motion, as presented by Mr. Kenney, carried unanimously. 9:40 P. M. Article 43. Presented by Fred C. Bailey. MOTION: That the sum of $20,000.00 be appropriated for the purchase of an ambulance for the Fire Department, and that such amount be raised in the tax levy. 9:41 P. M. Sam Silverman moved to amend Article 43 by adding the following: Such ambulance not to be purchased prior to the report of a committee of five citizens, to include three medical doctors, appointed by the Town Moderator, to review current emergency medical services and to make recommendations in relation thereto. 9:45 P. M. Mr. Silverman's motion to amend declared lost by voice vote. 9:52 P. M. Main motion, as offered by Mr. Bailey, carried unanimously. 9:55 P. M. Article 44. Presented by Allan F. Kenney. MOTION: That the sum of $11,000.00 be appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Chapter 252 of the General Laws, and that such amount be raised in the tax levy. 9:55 P. M. Mr. Kenney read a letter from the Board of Health endorsing the East Middlesex Mosquito Control program. 9:58 P. M. Motion, as offered by Mr. Kenney, declared carried by voice vote. 9:58 P. M. Article 45. Presented by Angela E. Frick. MOTION: That the Selectmen be authorized to accept as a gift from Frances May Baskin parcels of land bordering on Route 128, shown as lots 9, 19 and 20 on Assessors' Property Map 82, for conservation purposes. Carried Unanimously. 10:08 P. M. Angela E. Frick moved that Article 55 be taken up, out of order, at this time. Carried Unanimously. 10:10 P. M. Article 55. Presented by Margaret F. Rawls. MOTION: That the sum of $12,000.0-0 be appropriated to the Conserva- tion Fund established by vote under Article 9 of the warrant for the Special Town Meeting held on June 8, 1964, and that such amount be raised in the tax levy. Carried by voice vote. 10:15 P. M. Article 46. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 349 to 355 inclusive and Lots 365 to 394 inclusive on a plan entitled "Dunster Gardens, Arlington, Winchester and Lexington, Middle- sex County, Mass. owned by J. W. Wilbur" by Ernest W. Branch, Civil Engineer, August, 1912, recorded with Middlesex South District Registry of Deeds in Plan Book 206, Plan No. 23A, now or formerly of the Graziano Family; that the sum of $40,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:17 P. M. Voice vote on this motion was not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 5 2 16 Michael J. O'Sullivan 0 3 15 Joseph A. Campbell 1 4 16 Judith J. Uhrig 0 5 14 George F. McCormack 0 6 18 John T. Harvell 0 7 16 John R. Campbell 0 8 9 Mary E. Shunney 2 9 17 Jane P. Buckley 0 At large 28 Howard L. Levingston 1 Totals 153 9 More than the required two-thirds having voted in favor, the motion is adopted. 10:25 P. M. 477 Article 47. Presented by Francis W. K. Smith. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 a lot containing 53,830 square feet on plan entitled "Plan of Land Lexington, Mass. Surveyed for Marco Realty Trust" dated December 18, 1969, by Frederick A. Ewell Registered Land Surveyor, recorded with Middlesex South District Registry of Deeds at the end of Book 11818; that the sum of $7,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. Carried Unanimously. 10:30 P. M. Article 48. Presented by Angela E. Frick. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 290, 293, 294, 298, 301, 302, 303, 306, 308, 310, 312, 314, 315, 316 and 348 on Assessors' Property Map 13; that the sum of $15,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:31 P. M. Roy J. Murphy stated that he wished this land to be used for conserva- tion purposes only and no part should be used for building. 10:40 P. M. Lois W. Brown stated that the Planning Board supports this article. 10:47 P. M. L, Nancy F. Earsy moved to amend Article 48 by deleting lot "316". 10:48 P. M. Mrs. Earsy's amendment declared lost by voice vote. 10:51 P. M. Main motion, as presented by Mrs. Frick, declared carried unanimously. 10:52 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 10, ' 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:52 P. M. A true copy. Attest: -7714-1,144„vrie,; Mary R. McDonough, Town Clerk 4[78 ADJOURNED TOWN MEETING - APRIL 10, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:54 P. M. There were 186 Town Meeting Members present. Invocation offered by Rev. Joseph Roberts, Associate Pastor of the First Baptist Church. 7:57 P. M. Fred C. Bailey moved that the recommitted Article 19 be taken up at this time. Carried Unanimously 7:58 P. M. Article 19. Presented by Fred C. Bailey. MOTION: (Adopted- a. That the Selectmen be and they hereby are authorized to construct See concrete, bituminous concrete and other sidewalks, at such loca- Page tions as they shall determine, including both sides of Muzzey and 479.) Clarke Streets between Massachusetts Avenue and Forest Street, where the abutting owner pays one-half of the cost or otherwise; and to appropriate the sum of $57,000.00 therefor, and that such amount be raised in the tax levy; (Lost - b. That further to appropriate the sum of $20,000.00 in order to See provide that portions of any sidewalk constructed on Muzzey Street Page and Clarke Street be brick, and that such amount be raised in the 479.) tax levy; (Lost - c. That the Selectmen be and they hereby are authorized to construct See concrete, bituminous concrete and other sidewalks, at such loca- Page tions as they shall determine, including the southwesterly side 479.) of Massachusetts Avenue from Clarke Street to the easterly boundary of the Colonial Garage, where the abutting owner pays one-half of the cost or otherwise; and to appropriate the sum of $33,000.00 therefor, and that such amount be raised in the tax levy; and (Lost - d. That further to appropriate the sum of $35,000.00 in order to See provide that any sidewalk constructed on the southwesterly side Page of Massachusetts Avenue from Clarke Street to the easterly boundary 479.) of the Bargain Barn be brick, and that such amount be raised in the tax levy. 8 P. M. The Moderator stated that although this article could be discussed as one package it would be divided into four sections for voting purposes. 8 P. M. Mr. Bailey stated that the Selectmen gave section a. top priority with sections c, d and b coming next in that order, but that the Board is unanimous in seeing the entire package done. 8:05 P. M. Districts Donald J. Shaw, member of the Lexington Historic /Commission, stated that the Commission does not take a position on the need of side- walks but that recent approvals have been for brick sidewalks, but the Commission does not want sidewalks dug up just to put down bricks. 8:10 P. M. Richard E. Bayles was disturbed that the information on this article ii was presented to the meeting as they entered the hall and moved that the article be tabled. 8:12 P. M. The Moderator ruled Mr. Bayles' motion out of order as he had spoken on the article before he made his motion. 8:12 P. M. William M. Fraser moved that this article be tabled, which was declared lost by voice vote. 8:15 P. M. 479 Article 19. In answer to a question by Susan S. Beck, Mr. Bailey stated that the (Cont.) construction should be completed by this fall. 8:17 P. M. Edward E. Furash stated that the Appropriation Committee recommend the figure $60,000.00 per year for sidewalks. 8:20 P. M. Stillman P. Williams moved the previous question which was declared carried by voice vote. 8:39 P. M. The Moderator stated that each section would now be voted separately. Article 19a. Carried by voice vote. 8:40 P. M. Article 19b. Lost by voice vote. 8:41 P. M. Article 19c. Lost by voice vote. 8:41 P. M. Article 19d. Lost by voice vote. 8:42 P. M. Article 49. Presented by Angela E. Frick. MOTION: That the Selectmen be and they hereby are authorized to transfer to the Conservation Commission for open space and conserva- tion purposes, including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 264, 291, 292, 295, 296, 297, 300, 305B, 307, 309, 311, 313 and 332 on Assessors' Property Map 13. 8:43 P. M. Mrs. Frick asked that the meeting recognize the Campfire Girls in the balcony who picked up :ailthe trash, last Monday, in the Hillside Avenue area. 8:45 P. M. Joseph O. Rooney, Chairman of the Lexington Housing Authority, stated that the Authority had no interest in this land. 8:47 P. M. Michael J. O'Sullivan, speaking for his constituents in Precinct 2, and Charles F. Gallagher, Jr. , Recreation Committee, are in favor of passage of this article. 8:50 P. M. Motion, as presented by Mrs. Frick, declared carried unanimously. 8:50 P. M. William J. Scouler moved for reconsideration of Article 34. 8:50 P. M. After general discussion, the vote on motion to reconsider Article 34 was declared lost by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 2 Herbert R. Adams 11 2 3 Francis G. Fuery 16 3 10 Joseph A. Campbell 9 4 7 Judith J. Uhrig 9 5 8 George F. McCormack 10 6 16 John T. Harvell 1 7 13 John R. Campbell 5 8 2 Mary E. Shunney 16 9 10 Jane P. Buckley 6 At large 14 Howard L. Levingston 12 Totals 85 95 Motion to reconsider Article 34, as presented by Mr. Scouler, declared lost. 9:15 P. M. 480 Article 50. Presented by Howard M. Kassler. MOTION: That this article be indefinitely postponed. Carried Unanimously. 9:18 P. M. Article 51. Presented by Manfred P. Friedman. MOTION: That the Conservation Commission be authorized to purchase or (See ** otherwise acquire, and the Selectmen be authorized to take by eminent Pages domain, upon the written request of the Conservation Commission, for 491 conservation purposes including outdoor recreation as provided by and Section 8C of Chapter 40 of the General Laws, any fee, easement or 492) 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 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust; that the sum of $33,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 9:19 P. M. Richard A. Michelson spoke in opposition to this and the next three conservation articles. 9:28 P. M. Edward E. Furash, Chairman of the Appropriation, spoke in opposition. 9:30 P. M. Attorney Dunn, representing the owner of the land in question, read a letter from the owner to the Conservation Commission and stated that they would be willing to sell the land to the Commission for $90,000. 9:33 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen (four to one) is opposed to this article. 9:36 P. M. John Deutch moved the previous question which was declared carried by voice vote. 9:43 P. M. As this motion needed a two-thirds vote and the Moderator doubted that it would be unanimous, a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 13 Francis G. Fuery 5 3 14 Joseph A. Campbell 4 4 4 Judith J. Uhrig 10 5 12 George F.. McCormack 8 6 16 John T. Harvell 1 7 16 John R. Campbell 2 8 4 Mary E. Shunney 14 9 7 Jane P. Buckley 8 At large 14 Howard L. Levingston 14 Totals 104 ?5 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Friedman, is not adopted. 9:47 P. M. The Moderator called a recess at 9:48 P. M. The Moderator called the meeting to order at 10:07 P. M. Stanley A. Brown served notice of reconsideration of Article 51. 10:07 P. M. 481 Article 52. Presented by Margaret F. Rawls. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 Lot 51 on Assessors' Property Map 55, now or formerly of Schena, and Lot 61 on Assessors' Property Map 62, now or formerly of Morrow, being premises adjoining the Vine Brook off Grant Street; that the sum of $11,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:08 P. M. Voice vote not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 3 2 16 Francis G. Fuery 1 3 15 Joseph A. Campbell 1 4 14 Judith J. Uhrig 0 5 15 George F. McCormack 4 6 15 John T. Harvell 1 7 18 John R. Campbell 0 8 10 Mary E. Shunney 6 9 16 Jane P. Buckley 0 At large 25 Howard L. Levingston 1 Totals 152 17 More than the required two-thirds having voted in favor, the motion, as presented by Mrs. Rawls, adopted. 10:14 P. M. Article 53. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 Lot 104 on Assessors' Property Map 30, now or formerly of Curtis S. Elliott; that the sum of $4,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:15 P. M. Frank H. Totman, Jr. moved that this article be tabled which was declared lost by voice vote. 10:25 P. M. William E. Maloney, Jr. moved the previous question which was declared carried by voice vote. 10:31 P. M. Standing vote taken as follows: Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 7 2 10 Francis G. Fuery 3 3 19 Joseph A. Campbell 0 4 7 Judith J. Uhrig 8 5 14 George F. McCormack 6 6 17 John T. Harvell 0 7 15 John R. Campbell 3 8 4 Mary E. Shunney 13 9 12 Jane P. Buckley 3 At large 24 Howard L. Levingston 2 Totals 128 45 More than the required two-thirds having voted in favor, the motion was adopted. 10:34 P. M. 482 Frank H. Totman, Jr. served notice of reconsideration of Article 53. 10:34 P. M. Article 54. Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or (See conservation restriction as defined in Section 31 of Chapter 184 of Page the General Laws or other interest in all or any part of land shown 512) as Lot 84 on Assessors' Property Map 30, now or formerly of Augusta; that the sum of $35,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. 10:35 P. M. Voice vote was not unanimous, so standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 5 Francis G. Fuery 12 3 15 Joseph A. Campbell 4 4 6 Judith J. Uhrig 9 5 12 George F. McCormack 7 6 16 John T. Harvell 0 7 14 John R. Campbell 3 8 5 Mary E. Shunney 13 9 12 Jane P. Buckley 4 At large 24 Howard L. Levingston 3 Totals 113 64 Less than the required two-thirds having voted in favor, the motion was not adopted. 10:40 P. M. Article 55. (See page 476.) Article 56. Presented by Margaret F. Rawls. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:42 P. M. Spencer Lavan serves notice of reconsideration of Article 54. 10:42 P. M. Article 57. Presented by Margaret F. Rawls. MOTION: That this article be indefinitely postponed. Carried Cunanimously. 10:42 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 22, 1974 at 7:45 in the Cary Memorial Hall. Lost by voice vote. 10:43 P. M. Article 58. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Article 59. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Article 60. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously. 10:44 P. M. Lilah H. Groisser asked for the schedule of meetings when the town meeting resumed after vacation week (April 15th) . Mr. Kenney stated that they would recommend going back to the Monday, Wednesday and Thursday schedule. Edward E. Furash, Chairman of the Appropriation Committee, stated that three meetings a week are too much for a working committee to handle. The Moderator stated that it is up to the town meeting members to vote whatever dates they want. If they wish to have just two meetings a week, then that is what should be voted when the motion for adjournment is before the meeting. At this time the Moderator said he would ask for a voice vote to get the sense of the meeting on this subject. The sense of the meeting showed that the two meetings a week were favored. 10:47 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 22, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried Unanimously. 10:48 P. M. A true copy. Attest: , At9 71Z T� a Mary R. McDonough, Town Clerk 484 ADJOURNED TOWN MEETING HELD APRIL 22, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 7:52 P. M. in the Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by Monsignore Martin U. McCabe, Pastor of the Sacred Heart Church. 8 P. M. The Moderator, representing the Freedoms Foundation at Valley Forge, presented a certificate to Allan F. Kenney, Chairman of the Board of Selectmen and Louis A. Zehner, Chairman of the Town Report Committee, and read the following: Town of Lexington, Mass., represented by Allan F. Kenney and Louis A. Zehner, receives an Honor Certificate award in the Governmental units category. A concentrated and studied effort to strengthen communications between town government and the citizens it serves was successfully accomplished and resulted in a comprehensive 1972 Annual Report and an appendix for use of officers, committees, town meeting representatives and interested citizens. 8:08 P. M. Mr. Zehner expressed his thanks and that of his committee, who were introduced. 8:08 P. M. Selectmen Chairman, Allan F. Kenney, honored Mr. Zehner for his work on the Town Report in the past and presented him with a gift on behalf of the citizens of the Town of Lexington. 8:08 P. M. Article 61. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a (See town way Tewksbury Street from Bedford Street a distance of 305 feet, Page more or less, southwesterly to Roger Greeley Village as laid out by 487) the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee ease- ment or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Tewksbury Street as is necessary, and that such amount be raised in the tax levy. 8:09 P. M. Eric T. Clarke, Chairman of the Planning Board, filed the report of the Planning Board recommending acceptance of the layout of the following streets: Nickerson Road, Carmel Circle, Tewksbury Street, Wachusett Drive, Prospect Hill Road and Holland Street; and the abandonment of Wachusett Drive and Holland Street. 8:10 P. M. Stillman P. Williams moved to amend the motion by adding the words "that the Lexington Housing Authority should be responsible for 50% of the betterment costs" but then withdrew his motion. 8:13 P. M. Main motion, as presented by Mr. Busa, declared carried by voice vote. 8:13 P. M. Susan S. Beck serves notice of reconsideration of Article 61. 8:13 P. M. Article 62. Presented by Alfred S. Busa. (See * MOTION: That a portion of Holland Street from the accepted portion of Page Holland Street a distance of 65 feet, more or less, northwesterly as 492) shown upon a plan on file in the office of the Town Clerk dated January 15, 1974, be discontinued, and that the Selectmen be and they hereby are authorized to reconvey such discontinued portion of Holland Street to the original owners. 8:15 P. M. 5 Article 62. Mr. Busa stated that this land was taken in error last year. The (Cont.) land is used by the owners to park their cars. 8:15 P. M. The Planning Board Report covering this article was filed under Article 61. The question was raised regarding the accuracy of the figure of "65 feet". William J. Scouler moved that this article be tabled which was carried by voice vote. 8:22 P. M. Article 63. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried Unanimously 8:23 P. M. Article 64. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Nickerson Road from Massachusetts Avenue a distance of 1633 feet, more or less, to Massachusetts Avenue as laid out by the Select- men and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. The Planning Board Report covering this article was filed under Article 61. Motion, as presented by Mr. Busa, declared carried unanimously. 8:23 P. M. Article 65. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Carmel Circle from Nickerson Road a distance of 446 feet, more or less, southerly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. The Planning Board Report covering this article was filed under Article 61. Motion, as presented by Mr. Busa, declared carried unanimously. 8:25 P. M. Article 66. Presented by Alfred S. Busa. MOTION: That the sum of $1,000.00 be appropriated for filing fees in connection with the acceptance of streets and that such amount be raised in the tax levy. Carried by voice vote. 8:25 P. M. Article 67. Presented by Joseph 0. Rooney. (Approved MOTION: That Section 16 of Article VI of the General By-Laws of the by Atty. Town of Lexington be amended by General 6/7/74. A. Striking therefrom the words "to any public agency or non-profit Advertised corporation or cooperative," and substituting therefor the words in Lex. "to any public agency or non-profit corporation, or to any other Minute Man person or corporation approved by the Lexington Housing Authority June 13, 20 and undertaking to provide housing on the land so sold or con- & 27, 1974.) veyed for the use of the said authority,"; and 48(i Article 67. B. Striking therefrom the words "in which housing such occupants (Cont.) shall have the opportunity to acquire ownership or equity interests;" and substituting therefor the words "in which housing such occupants may have the opportunity to acquire ownership or equity interests;". 8:27 P. M. Mr. Rooney and Frank I. Michelman gave their explanation of the article and Mr. Michelman stated that he wished to have items A. and B. voted on separately. 8:33 P. M. The Moderator stated that items A. and B. would be divided for voting purposes. 8:33 P. M. Section A. Declared carried unanimously. 8:33 P. M. Section B. Declared carried unanimously. 8:33 P. M.- Joseph .Joseph 0. Rooney moved that Article 69 be taken up, out of order, at this time. Carried Unanimously. 8:34 P. M. Article 69. Presented by Joseph O. Rooney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:35 P. M. Article 68. Presented by Joseph O. Rooney. MOTION: That the sum of $21,000.00 be appropriated for defraying the expense to the Lexington Housing Authority of preparing plans, studies, surveys and estimates in connection with a program to provide housing for families of low income by means which avoid undue con- centration of assisted housing in a manner consistent with development existing in districts designated RO, RS and RT under the Zoning By-Law, and that such amount be raised in the tax levy. 8:35 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that his committee had checked the figures, felt that they were accurate and were in favor of the motion. 8:38 P. M. Elizabeth H. Clarke stated that the Committee on Suburban Responsibility unanimously favor this article. 8:40 P. M. Temple E. Scanlon, Director of the Lexington Housing Authority, will abstain from voting on this article. Motion, as presented by Mr. Rooney, declared carried unanimously. 8:40 P. M. Article 70. Presented by Sanborn C. Brown. (See * MOTION: That Article XXX of the General By-Laws of the Town of next Lexington be amended by striking out the last sentence of paragraph page three of Section 1 and substituting the following sentence therefor: for "No appointed member of the committee shall be a town employee". amended 8:42 P. M. motion.) Frank I. Michelman moved to amend the motion by substituting for the sentence "No appointed member of the committee shall be a town employee." the sentence "No such appointed member of the committee shall be a town employee." 8:50 P. M. Otis S. Brown, Jr. stated that the Permanent Building Committee were in favor of this amendment. 8:50 P. M. 487 Article 70. The Moderator called a recess at 8:50 P. M. (Cont.) The Moderator called the meeting to order at 9:08 P. M. The Moderator read Mr. Michelman's motion to amend Article 70. Mr. Michelman's motion to amend declared carried by voice vote. 9:08 P. M. Main motion, as amended, now reads: (* MOTION: That Article XXX of the General By-Laws of the Town of Amended Lexington be amended by striking out the last sentence of paragraph motion.) three of Section 1 and substituting the following sentence therefor: "No such appointed member of the committee shall be a town employee". Main motion, as amended, declared carried by voice vote. 9:09 P. M. (Approved by Atty. Gen. June 7, 1974. Advertised in Lex. Minute Man June 13, 20,27,1974; Article 71. Presented by Allan F. Kenney. MOTION: That the sum of $2,000.00 be appropriated to be placed in a special fund to pay employees of the Town who perform off-duty work details related to their regular employment as provided in Chapter 773 of the Acts of 1973, and that such amount be raised in the tax levy. Carried by voice vote. 9:11 P. M. Susan S. Beck moved for reconsideration of Article 61. 9:12 P. M. Motion to reconsider Article 61 declared carried by voice vote. 9:17 P. M. Article 61. Stillman P. Williams moved to amend Article 61: Move that Lexington Housing Authority be petitioned to ask Department of Community Affairs (See to meet 50% of betterment costs on the Tewksbury Street improvements. Page 9:18 P. M. 484.) Mr. Williams' motion to amend is declared lost by voice vote. 9:18 P. M. Susan S. Beck moved to amend Article 61 but then withdrew her motion to amend. 9:23 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 9:29 P. M. Main motion, as presented by Mr. Busa, reads: (Motion MOTION: To establish as a town way and accept the layout of as a as town way Tewksbury Street from Bedford Street a distance of 305 feet, Passed) more or less, southwesterly to Roger Greeley Village as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 15, 1974; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee easement or other interest in land necessary therefor; that the sum of $20,000.00 be appropriated for such land acquisition, construction, alteration and reconstruction of Tewksbury Street as is necessary, and that such amount be raised in the tax levy. Main motion, as presented by Mr. Busa, declared carried by voice vote. 1 9:30 P. M. Article 72. Presented by James M. McLaughlin. MOTION: That ARticle V of the General By-Laws of the Town of Lexington be amended by striking Section 30 and substituting therefor a new Section 30 to read as follows: "Section 30. At the request of 50 or more members, the vote on any motion shall be taken (a) in writing on a list by precinct, and for members-at-large on a list of such members, Article 72. upon which each member shall record his vote and affix his signature, (Cont.) or (b) by a poll of the meeting. If (a) above is used, the signed list shall constitute the official vote of the meeting, a permanent (Approved public record of which shall be maintained by the Clerk. A vote taken in by Atty. the manner specified in either (a) or (b) above shall be posted in the General Town Office Building for one week within 24 hours of the vote." June 7, 1974. 9:32 P. M. Advertised Renee T. Cochin, a member of the Recorded Vote Committee, gave an in Lex. explanation of the motion and the reasoning behind it. Minute Man 9:43 P. M. June 13, 20 & 27, While Norman P. Cohen, Town Counsel, acted as Temporary Moderator, 1974.) Moderator, Lincoln P. Cole, Jr. , spoke from the floor, not as Moderator, but as a town meeting member at large. He spoke in opposition to the "50 or more members", feeling that it should be "a majority of the members", and stated that he felt that we should stay with what we have at the present time. 9;45 P. M. Robert M. Gary moved to amend the motion by striking the words "50 or more members," and by substituting therefor the words "a majority of the members present". 9:46 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen (four to one) were in favor of the amendment. 9:50 P. M. William J. Scouler moved to amend the amendment (with the approval of Mr. Gary) by adding after the words "members present" the words "and voting". 9:58 P. M. Mr. Scouler's motion to amend the amendment declared carried by voice vote. 10:02 P. M. Voice vote on Mr. Gary's amendment, as amended by Mr. Scouler, was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 8 Homer J. Hagedorn 5 2 11 Michael J. O'Sullivan 8 3 4 Joseph A. Campbell 12 4 9 Judith J. Uhrig 9 5 5 George F. McCormack 15 6 4 John T. Harvell 14 7 6 John R. Campbell 10 8 9 Mary E. Shunney 6 9 7 Jane P. Buckley 11 At Large 13 Howard L. Levingston 10 Totals 76 100 Mr. Gary's motion to amend, as amended by Mr. Scouler, declared lost. 10:05 P. M. Homer J. Hagedorn moved to amend the motion by striking the words "50 or more members" and substituting therefor the words "75 or more members". 10:07 P. M. Lois W. Brown moved the previous question which was declared carried by voice vote. 10:17 P. M. Mr. Hagedorn's motion to amend declared lost by voice vote. 10:17 P.M. Main motion, as presented by Mr. McLaughlin, declared carried by voice vote. 10:18 P. M. 489 Article 73. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. 10:18 P. M. Mr. Clarke presented, and filed, the Report of the Planning Board on Articles 73, 74, 75 and 76. Said report recommended that Articles 73, 74, 75 and 76 be indefinitely postponed. Mr. Clarke's motion to indefinitely postpone Article 73 declared carried by voice vote. 10:22 P. M. Article 74. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 74 carried by voice vote. 10:23 P. M. Article 75. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 75 carried by voice vote. 10:23 P. M. Article 76. Presented by Eric T. Clarke. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 73. Motion to indefinitely postpone Article 76 carried by voice vote. 10:23 P. M. Article 77. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page 491) further study and recommendations and to be presented at a future town meeting. 10:28 P. M. Mr. Clarke then withdrew his motion in order that he could speak on Articles 77 through 82 inclusive. 10:28 P. M. At the conclusion of his talk covering Articles 77 through 82 inclusive Mr. Clarke presented the following motion under Article 77: MOTION: That this article be referred to the Planning Board for further study and recommendations and to be presented at a future town meeting. Carried by voice vote. 10:33 P. M. Article 78. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented at a future 491) town meeting. Carried by voice vote. 10:34 P. M. 90 Article 79. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:34 P. M. Article 80. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:34 P. M. Article 81. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:35 P. M. Article 82. Presented by Eric T. Clarke. (See * MOTION: That this article be referred to the Planning Board for Page further study and recommendations and to be presented to a future 491) town meeting. Carried by voice vote. 10:36 P. M. Allan F. Kenney moved that the meeting be adjourned to Wednesday, April 24, 1974 at 7:45 P. M. in the Cary Memorial Hall. Carried by voice vote. 10:36 P. M. A true copy. Attest: nA4-(41i Mary R. McDonough, Town Clerk 491 ADJOURNED TOWN MEETING HELD APRIL 24, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:57 P. M. in Cary Memorial Hall. There were 185 Town Meeting Members present. The invocation was offered by Rev. Herbert R. Adams, Pastor of the Follen Community Church. 7:58 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he would like to get a consensus of the meeting in regard to future adjourned sessions. It had been previously decided that the adjourned sessions would be held on Monday and Wednesday with the idea that the meeting would probably be dissolved before the first of May. A committment for Cary Memorial Hall for May 1, (Wednesday) had been made last January for the Glaucoma Clinic. The clinic hours are to be from 2 P. M. to 8 P. M. Mr. Kenney wondered if the meeting would be agreeable to meeting on Thursday, May 2. The Moderator asked for a sense of the meeting vote on a Monday and Thursday adjourned session for next week and, by a voice vote, it was determined that the members agreed with this suggestion. 8 P. M. Article 2. Eric T. Clarke presented the Report of the Planning Board covering Articles 77 - 82. Said articles were presented at the Adjourned (See * Town Meeting that was held on April 22, 1974. Pages 489 & Mr. Clarke moved that the report be accepted. 490.) Carried Unanimously. 8:01 P. M. Eric T. Clarke moves for reconsideration of Article 51. 8:01 P. M. Joseph A. Campbell moves the previous question which was declared lost by voice vote. 8:02 P. M. Conservation Commission Member, Howard M. Kassler, stated that the Commission would like to have this article reconsidered as they have made changes in the cost and the land to be taken. In answer to a question by Appropriation Committee Chairman, Edward E. Furash, Mr. Kassler stated that it would be less money and less land. 8:03 P. M. Motion to reconsider Article 51, as moved by Mr. Clarke, declared carried by voice vote. 8:04 P. M. Article 51. Howard M. Kassler explained that he would delete one lot and reduce the amount requested by 5,000.00. 8:05 P. M. (See ** Mr. Furash asked if it would not be proper for the amendment to be made Page at this time and then Mr. Kassler could speak on his amendment. 480) 8:08 P. M. Howard M. Kassler moved to amend Article 51 by deleting the figure $33,000.00 and substituting therefor the figure $28,000.00. 8:09 P. M. Mr. Kassler's motion to amend declared carried by voice vote. 8:14 P. M. Allan F. Kenney stated that a majority of the Board of Selectmen oppose this article. 8:25 P. M. Edward E. Furash stated that the Appropriation Committee opposed this article. 8:36 P. M. Charles H. Cole, 2nd moved the previous question which was declared carried by voice vote. 8:37 P. M. 492 Article 51. Main motion, as amended, now reads: (Cont.) MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent (Main domain, upon the written request of the Conservation Commission, for motion conservation purposes including outdoor recreation as provided by as Section 8C of Chapter 40 of the General Laws, any fee, easement or amended) 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 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust; that the sum of $28,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy. Standing vote on main motion, as amended, taken as follows: Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 6 2 10 Michael J. O'Sullivan 6 3 15 Joseph A. Campbell 3 4 9 Judith J. Uhrig 10 5 12 George F. McCormack 6 6 18 John T. Harvell 0 7 13 John R. Campbell 4 8 8 Mary E. Shunney 9 9 12 Jane P. Buckley 4 At large 9 Elizabeth M. Flynn 10 Totals 112 58 Less than the required two-thirds having voted in favor, the main motion as presented by Manfred P. Friedman and as amended by Howard M. Kassler is not adopted. 8:45 P. M. Alfred S. Busa moved that Article 62 be taken off the table which was carried unanimously. 8:45 P. M. Article 62. Alfred S. Busa read a substitute motion under this article as follows: MOTION: That a portion of Holland Street from the accepted portion of (See * Holland Street a distance of 31 feet, more or less, Southeasterly, as Pages shown upon a plan on file in the office of the Town Clerk dated 484 January 15, 1974 be discontinued, and that the Selectmen be and they and hereby are authorized to reconvey such discontinued portion of Holland 485) Street to the original owners. Mr. Busa's motion to substitute this motion for the one originally presented at the April 22, 1974 session was declared carried by voice vote. 8:47 P. M. Mr. Busa's substitute motion was declared carried unanimously. 8:51 P. M. Article 2. James M. McLaughlin moved that the Report of the Recorded Vote Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:52 P. M. Article 83. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended by adding there- to a new Section 38 as set forth in this Article, and including an additional Section 38.14 to read as follows: "38.14 New Site Development Plans In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site development plans presented at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall 9;3 Article 83. first be presented to and receive the approval of the Town Meeting (Cont.) by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals." 8:53 P. M. Mr. Clarke presented and filed the Report of the Planning Board on Articles 83 and 84. 8:58 P. M. Erik Lund stated that he would abstain from voting on this article and on the Drummer Boy article which would be coming up later as he had been hired to work on these proposals. 9:02 P. M. Frank Sandy moved to amend the motion under Article 83 by: 1) inserting after the words "dwelling unit density" in the last sentence of section 38.13 the words ", total floor area" so that the sentence reads "The said plans should show the proposed dwelling unit density, total floor area and the extent of open space or should be accompanied by a tabulation of the same". 2) adding after the words "shall not permit any increase in dwelling unit density" in the second sentence of section 38.21 the words ", nor shall it permit an increase greater than 10o in the total floor area," so that the sentence reads "The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10o in the total floor area, as presented to the Town Meeting. 9:08 P. M. Mr. Clarke stated that the Planning Board is neither for or against this amendment. 9:17 P. M. Voice vote on Mr. Sandy's amendment is doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 8 2 6 Michael J. O'Sullivan 10 3 16 Joseph A. Campbell 1 4 4 Judith J. Uhrig 14 5 5 George F. McCormack 12 6 12 John T. Harvell 6 7 15 John R. Campbell 2 8 6 Mary E. Shunney 14 9 14 Jane P. Buckley 3 At large 7 Elizabeth M. Flynn 13 Totals 90 83 Motion to amend, as presented by Mr. Sandy, adopted. 9:20 P. M. John F. Downey, Jr. moved the previous question which was declared carried by voice vote. 9:22 P. M. (Motion Main motion, as set forth in the warrant and as amended, reads as as follows: set forth MOTION: To amend the Zoning By-Law by adding thereto a new Section 38 in the as follows: Warrant and as Section 38: Multi-Dwelling District - RD amended) 38.11 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RD districts contained within the geograph- ical 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. Article 83. 38.12 General Objectives. The RD District is intended to allow (Cont.) greater flexibility in land use planning for the development of tracts of land of greater than ten acres, in terms of density, preservation of open spaces, utilization of natural features, provision of munici- pal services and providing a variety of housing types and styles; to ensure that site development plans will be presented to the Town Meeting in connection with a proposal to rezone a tract of land to RD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. 38.13 Town Meeting Presentation. The site development plans presented to the Town Meeting for the proposed development should show in a general manner, but drawn to scale, the proposed locations, types, floor plans and exterior materials for proposed buildings and other structures, proposed locations and dimensions of streets, drives, parking areas and other paved areas, the proposed grading, drainage system, and location of major utilities in the vicinity of the develop- ment, and the proposed location of open space. The said plans should show the proposed dwelling unit density, total floor area and the extent of open space or should be accompanied by a tabulation of the same. 38.14 New Site Development Plans. In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site development plans presented at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall first be presented to and receive the approval of the Town Meeting by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals. 38.2 Special Permit Provisions. The Board of Appeals may grant a special permit for the development of any tract of land greater than ten acres in an RD district, subject to the following standards: 38.21 The special permit shall incorporate by reference building design and site development plans filed by the developer together with its application for special permit and such site development plans will be expected to conform substantially to the site development plans presented to the Town Meeting. The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to the Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. In no event shall dwelling unit density in an RD district exceed nine dwelling units per acre. 38.22 The Board of Appeals may require dwelling unit density to be less than that shown on the site development plans presented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of usable open space. 38.23 Permissible housing types include all single and multiple- occupancy housing types used for human occupancy , including condominiums. 38.24 Any development permitted in an RD district shall comply with the Schedule of Dimensional Controls for RD districts set out in section 27 of this By-Law. 38.25 Any development permitted in an RD district shall comply with Design Standards set out in the Planning Board's Rules and Regulations governing the subdivision of land. Interior drives within an RD devel- opment shall be designed to such street standards as the Planning Board may require in accordance with such Rules and Regulations. In granting a special permit, the Board of Appeals may rely upon the Planning Board's statement that the developer's plans comply with such Design Standards. Article 83. 38.26 There shall be provided at least 11/2 parking spaces per dwelling (Cont.) unit, located in parking lots or in garages or under or within buildings which contain dwelling units. 38.27 At least 25 percent of the total area of such tract shall, except as provided below, remain unbuilt upon and set aside for conservation, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may either be conveyed to and accepted by the Town or its Conservation Commission or conveyed to a legal association comprised of the homeowners within such tract. Such open land shall be included in the total tract area for the purpose of computing dwelling unit density of the tract. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to insure its perpetual use as conservation, recreation or park land or buffer area. A maximum of 20 percent of such open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land. 38.28 The Board of Appeals may permit the construction and use of facilities such as a community center or recreation center, including without limitation, swimming and tennis facilities, primarily for the use of residents of the tract, if the Board determines that the in- clusion of such facilities would be appropriate by reason of such factors as the size of the tract, the number of its residents and its geographical location. 38.29 In granting a special permit, the Board of Appeals shall impose as a conditon thereof that the installation of municipal services and construction of interior drives within the RD development shall comply with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of Land; and 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. 38.3 Amendment of Special Permit. The Board of Appeals upon appli- cation by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out. 38.4 Application Requirements. The application to the Board of Appeals for a special permit under this section shall be accompanied by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 38.41 Plan of the tract showing topography, soil culture, existing streets and structures within and contiguous to the tract. 38.42 Where a subdivision of land is involved, a preliminary subdivision plan, which may be combined with the plan required under the preceding paragraph. 38.43 Site development plans showing the proposed grading of the tract and the proposed locations, dimensions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 38.44 Preliminary architectural drawings for building plans including typical floor plans, elevations and sections. 38.45 A tabulation of proposed buildings by type, size (number of bedrooms, floor area) , ground coverage and summary showing the percent- ages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the amount of open space. 496 Article 83. 38.5 Planning Board Report and Recommendations. (Cont.) The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 38.51 A general description of the tract in question and surrounding areas. 38.52 An evaluation of the probable impact of the proposed develop- ment on Town services and facilities. 38.53 A review of the proposed development, including 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. 38.54 An opinion of the Planning Board whether the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 38.55 A statement that the developer's plans comply with the Design Standards of the Planning Board's Rules and Regulations Governing the Subdivision of Land. Wherever such plans do not comply, the Planning Board's report shall so state. 38.56 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. 38.6 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for RD district devel- opment until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty 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. 38. 7 Denial of Special Permit. The Board of Appeals may deny an application for special permit hereunder and base its denial upon: 38.71 A failure to meet the standards established by sections 38.2 hereof. 38.72 A finding that the proposed development would not be consistent with the general objectives of RD district development. 38.73 A finding that the proposed development does not substantially conform to the plans for the development of the tract presented to the Town Meeting in connection with the proposed rezoning of the tract to RD. 38.8 Compliance with Other Rules and Regulations. Nothing contained herein shall in any way exempt a proposed subdivision in an RD 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 dis- approve a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 38.9 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 sub- mission accompanying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. 49 Article 83. 38.10 Severability. In the event that any portion of the special (Cont.) permit procedure established herein shall later be invalidated, whether by judicial decree or otherwise, special permits previously (Approved issued by the Board of Appeals hereunder shall remain valid. by Atty. Gen. , Standing vote on main motion, as amended and as set forth in the Robert H. warrant, taken as follows: Quinn. June 19, ' 74) Precinct In Favor Tellers Opposed Advertised in Lex. 1 7 Herbert R. Adams 0 Min. Man., 2 16 Michael J. O'Sullivan 0 July 25, 3 17 Joseph A. Campbell 1 Aug. 1 4 12 Judith J. Uhrig 5 I & 8, 1974) 5 19 George F. McCormack 0 6 18 John T. Harvell 0 7 17 John R. Campbell 0 8 20 Mary E. Shunney 0 9 16 Jane P. Buckley 0 At large 20 Elizabeth M. Flynn 0 162 6 More than the required two-thirds having voted in favor, the main motion, as set forth in the warrant and as amended, is adopted. 9:25 P. M. The Moderator called a recess at 9:26 P. M. The Moderator called the meeting to order at 9:45 P. M. Article 84. Presented by Eric T. Clarke. MOTION: That the Zoning By-Law of the Town be amended as set forth in this article. 9:45 P. M. (Approved Planning Board Report covering Article 84 was filed under Article 83. by Atty. Gen. , Robert H. Motion as set forth in the article in the warrant as follows: Quinn, June 19, MOTION: To amend the Zoning By-Law as follows: 1974. A. By adding at the end of subsection 20.1 entitled Residence Advertised Districts the following new designation: in Lex. Min. Man., RD - Multi Dwelling Districts July 25, Aug. 1 & 8, B. By inserting in Section 25 - USE REGULATION SCHEDULE - between the 1974.) columns headed RT and RM a new column headed RD and having the same symbols opposite the various use designations as now appear in the column headed RM except for the following: 25.11 - SPS; 25.80 - SP; 25.82 - SP; and by inserting a new Subsection 25.16 - Multi-unit dwellings, with the following entries under each column heading: _ RO/RS RH RT RD RM CR CH CM CO CS CN CG CB No No No SPS No No No No No No No No No I C. By replacing in Section 27 - SCHEDULE OF DIMENSIONAL CONTROLS - the column heading entitled RM with a new column heading entitled RM & RD.; and by replacing footnote (a) with the following new footnote: a. Minimum lot areas in RM districts shall be 3,000 sq. ft. per dwelling unit containing one room used for sleeping; 3,500 sq. ft. per unit with two such rooms; and 4,000 sq. ft. per unit with three or more such rooms. Minimum lot area in RD dis- tricts shall be 10 acres. 4198 Article 84. D. By adding in Subsection 32.1 SCHEDULE OF REQUIRED PARKING AND (Cont.) LOADING after the line headed "Garden apartments" the following entries under the appropriate column headings: USE DISTRICT REQUIRED PARKING Multi-unit dwellings RD 1/ parking spaces per dwelling unit E. By adding the district designation RD in that column heading of subsection 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING now reading RO, RS, RT, RM, RH, so that the heading shall read RO, RS, RT, RM, RH, RD. Motion, as set forth in the article in the warrant, declared carried unanimously. 9:46 P. M. Article 85. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board, to make studies of wet areas, such studies to include, but not be limited to hydrological studies, soil studies, water table analysis, and drainage characteristics, and that such amount be raised in the tax levy. 9:47 P. M. Edward E. Furash stated that the Appropriation Committee recommends passage of Articles 85, 86 and 87. 9:50 P. M. Motion, as presented by Mr. Clarke, carried by voice vote. 9:53 P. M. Albert P. Zabin moved for reconsideration of Article 83 which was declared lost by voice vote. 9:57 P. M. 1 Article 86. Presented by Eric T. Clarke. MOTION: That the sum of $5,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional consult- ants and for expenses incurred by the Planning Board, to develop town-wide goals and objectives to be utilized as the basis for the updating and revision of the Lexington Master Plan, and that such amount be raised in the tax levy. 9:58 P. M. After discussion by various speakers, James M. McLaughlin moved the previous question which was declared carried by voice vote. 10:07 P. M. Motion, as offered by Mr. Clarke, declared carried by voice vote. 10:08 P. M. Article 87. Presented by Eric T. Clarke. MOTION: That the sum of $10,000.00 be appropriated to be expended under the supervision of the Planning Board, for professional con- sultants and for expenses incurred by the Planning Board, to make general planning studies of such matters, but not limited to, recreational facilities, downtown parking, bicentennial, fringe parking areas, and transportation, and that such amount be raised in the tax levy. 10:08 P. M. Charles F. Gallagher, Jr. stated that the Recreation Committee supports this article. 10:12 P. M. Edward E. Furash stated that the Appropriation Committee supports this article. 10:13 P. M. Article 87. Renee Cochin moved to amend Article 87 by deleting the amount of 499 (Cont.) $10,000.00 and substituting therefor the amount of $20,000.00. 10:13 P. M. Mr. Furash stated that the Appropriation Committee feels that $10,000.00 is enough and do not recommend appropriating $20,000.00. 10:17 P. M. Voice vote, on Mrs. Cochin's amendment, doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 9 2 3 Michael J. O'Sullivan 12 3 13 Joseph A. Campbell 4 4 7 Judith J. Uhrig 11 5 7 George F. McCormack 13 6 10 John T. Harvell 8 7 11 John R. Campbell 6 8 5 Mary E. Shunney 15 9 5 Jane P. Buckley 10 At large 5 Elizabeth M. Flynn 15 Totals 70 103 Mrs. Cochin's motion to amend is not adopted. 10:26 P. M. Main motion, as presented by Mr. Clarke, declared carried by voice vote. 10:27 P. M. Article 88. Presented by Edward E. Furash. MOTION: That this article be indefinitely postponed. 10:27 P. M. Mr. Furash stated that a compromise had been made between the Appropriation Committee and the Board of Selectmen and that an Advisory Personnel Board was to be appointed by the Selectmen from a list of nine names submitted by the Appropriation Committee. 10:28 P. M. Chairman of the Board of Selectmen, Allan F. Kenney, stated that the Selectmen had appointed the following members to the Advisory Personnel Board: Paul C. Sidman 2 Winchester Drive John B. Butler 44 North Street W. Neil Chapman 6 Patriots Drive Nicholas A. LaFauci 112 Kendall Road William F. McGonagle 28 Watertown Street 10:28 P. M. Motion to indefinitely postpone Article 88, as offered by Mr. Furash, declared carried unanimously. 10:29 P. M. Article 89. Presented by Allan F. Kenney. MOTION: That the General By-Laws of the Town of Lexington be amended as set forth in the report and recommendations of the Selectmen dated February 11, 1974 and filed with the Town Clerk except that the words "other than the Town Comptroller" be deleted from Section 1 of Article XIV of the General By-Laws relating to the Capital Expenditures Committee. 10:30 P. M. R (Report and recommendations of the Selectmen dated February 11, 1974 as filed with the Town Clerk on February 20, 1974. E REPORT AND RECOMMENDATIONS OF THE BOARD OF SELECTMEN RELATING TO 1' ARTICLE 89 OF THE WARRANT FOR THE 1974 ANNUAL TOWN MEETING 0 The Board of Selectmen recommend the following amendments to the General By-Laws of the Town of Lexington in order to make them compatible R with the provisions of Chapter 753 of the Acts of 1968 (the Town Manager Act) . T 500 Article 89. A. Article VI - Selectmen (Cont.) a. Recommendation: Delete sections 4, 5 and 6 of Article VI dealing with the Police Department and special policemen and policewomen. Reason: The Town Manager appoints the Police Chief. The Town Manager is responsible for the efficient administration of all officers appointed by him and their respective departments. With the approval of the Selectmen, the Town Manager formulates personnel practices and standards. He also appoints all other employees of the Town. b. Recommendation: Delete sections 9 and 10 of ARticle VI dealing with the Town Office Building. Reason: The Town Manager has jurisdiction over the rental and use of all town property. c. Recommendation: Delete all words after the word "holidays" in section 11 of Article VI. The section will read as follows: R "That portion of the Town Office Building which is occupied by the officers of the Board of Selectmen, or Board of Public B Works, the Town Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction P of business for eight hours each week day, except holidays." O Reason: The Town Manager has jurisdiction here. R d. Recommendation: Delete section 12 of Article VI and substitute therefor the following: "The Town Manager may, with the T approval of the Selectmen, sell any personal property or material no longer required and not exceeding one thousand dollars in value." Reason: The Town Manager has responsibility for personal property and materials. The three hundred dollar limit in the current by-law is thought to be too low at today's prices. Town meeting action is required in order to dispose of property valued in excess of three hundred dollars. This amendment will make such action unnecessary with respect to property valued under one thousand dollars. e. Recommendation: Renumber the remaining sections of Article VI from 1 to 11 in the order they appear. B. Article VII - Town Clerk a. Recommendation: Delete the first sentence of section 1 of Article VII. Reason: The Town Manager appoints the Town Clerk. C. Article VIII - Town Treasurer a. Recommendation: Delete section 1 of Article VIII and substitute therefor the following: "The Town Treasurer shall give bond annually for the faithful performance of his duties in an amount not less than required by law as recommended by the Town Manager with the approval of the Selectmen." Reason: The Town Manager appoints the Town Treasurer. The amount of bond is set by the Town Manager with the approval of the Selectmen. D. Article XIII - Appropriation Committee a. Recommendation: Delete section 1 of Article XIII and substitute therefor the following: "Section 1. The Town shall have a committee called the Appropriation Committee, which shall consider any and all municipal questions for the purpose of making reports or recommendations thereon to the Town. 5 Article 89. D. a. Such committee shall consist of nine voters of sound • (Cont.) (Cont.) business experience or good judgment and the Town Comptroller, who shall ex-officio be a member of the Committee but without a vote. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other Town official, board, committee or commission, except that he may serve on the joint school committee-teacher's salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to so serve." Reason: The Town Manager Act specifically deals with multiple offices and this provision has been incorporated into the proposed new section. b. Recommendation: Delete section 2 of Article XIII and substitute therefor the following: "Section 2. Each member of the committee shall be appointed by the Moderator to serve for a term of three years. The term of one-third of the members of the committee shall expire each year at the final adjournment of the annual town meeting. The Moderator shall, promptly after the final adjournment of each annual town meeting, appoint a successor for any member of the committee whose term expires that year and shall, promptly R after any vacancy occurs in the committee, appoint a successor to fill that vacancy for the unexpired term of his predecessor. E If any member of the committee ceases to be a resident of the Town, or accepts any position that would have made him ineli- p gible for appointment to the committee, he shall forthwith cease to be a member of the committee." 0 Reason: Under the Town Manager Act the Moderator appoints the R Appropriation Committee. T E. Article XIV - Capital Expenditures Committee a. Recommendation: Delete the first paragraph of section 1 of Article XIV and substitute therefor the following: "Section 1. The Town shall have a Capital Expenditures Committee consisting of five voters of the Town appointed for a term of three years each, the terms of no more than two of which shall expire in any one year. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other town official, board, committee or commission except that he may serve on the joint school committee-teachers' salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to serve. " Reason: The Town Manager Act specifically deals with multiple offices and this provision has been incorporated into the proposed new section. F. Article XVI - Recreation Committee a. Recommendation: Delete section 1 of Article XVI and substitute therefore the following: "Section 1. The Town shall have a Recreation Committee. It shall consist of five voters of the Town. Upon the expira- tion of the term of a member, a successor shall be appointed for a term of three years. Terms shall expire on April thirtieth, except that members shall continue in office until their succes- sors have been duly appointed and qualified." Reason: The Town Manager appoints the Recreation Committee. 502 Article 89. F. b. Recommendation: Delete section 4 of Article XVI. (Cont.) Reason: The powers enumerated in section 4 are the responsibility of the Town Manager. c. Recommendation: Renumber section 5 of Article XVI to section 4 and delete the last phrase "to the Board of Selectmen." Reason: The Town Manager is the appointing authority and has responsibility in this area. G. Article XVIII - Civil Defense a. Recommendation: Delete section 2 of Article XVIII and substi- tute therefor the following: "Section 2. Director of Civil Defense. The department shall be under the direction of the director of civil defense (hereinafter called the "director") . The director shall have R direct responsibility for the organization, administration and operation of the department. The director shall also E have authority, to accept and receive on behalf of the town, subject to approval of the Board of Selectmen, services, P equipment, supplies, materials or funds by way of gift, grant or loan for purposes of civil defense, offered by the federal O government or any agency or officer thereof or any person, firm or corporation subject to the terms of the offer and the R rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all T matters relating to such gifts, grants or loans." Reason: The Town Manager appoints the director of civil defense and district coordinators and provides the direction and control. H. Article XIX - Gas Inspector a. Recommendation: Delete sections 1 and 2 of Article XIX and substitute therefor the following: "Section 1. The Town shall have an inspector of gas piping and gas appliances in buildings, to be known as the Gas Inspector, who shall be appointed annually in April and who shall hold office for a term expiring on the thirtieth day of April in the following calendar year and until his successor is appointed and qualified. He shall have had at least ten years of practical experience in gas fitting. The duties of the Gas Inspector shall be the enforcement of the rules and regulations adopted by the Board established under Section 12H of Chapter 25 of the General Laws, and any acts in amendment thereof and in addition thereto. The Gas Inspector may, so far as is necessary for the performance of his duties, enter any building within the Town at any reasonable hour." "Section 2. One or more assistant gas inspectors may be appointed to act in the absence or disability of the Gas Inspector and, while so acting, each of them shall have and may exercise all of the powers and duties of the Gas Inspector. Assistant gas inspectors shall have the same qualifications as set forth for the Gas Inspector. The Gas Inspector shall not be interested in any building contract in the Town or have any interest in the furnishing of materials for any building therein; provided, however, that he may, with the written approval of the Selectmen, have such interest if he wholly refrains from acting as Gas Inspector in the particular case. In each such case, an assistant gas inspector or a disinterested substitute gas inspector shall be appointed to act therein, with all the powers and duties of the Gas Inspector." Reason: The Town Manager appoints the Gas Inspector and assistants and determines salaries. 5,08 Article 89. I. Article XX - Town Counsel (Cont.) a. Recommendation: Delete the first paragraph of section 2 of Article XX and substitute therefor the following: (Refer to "Board of Selectmen" rather than "Said Board" at the beginning of the second paragraph of section 2.) "Section 2. No claim or action against the Town, unless reduced to the form of an execution or decree of court, shall be compromised or settled by the payment of any amount in excess of one thousand dollars, without a special vote of the Town." Reason: The remainder of this paragraph would be deleted because the Town Manager, with the approval of the Selectmen, R has the authority to prosecute, defend or compromise all litigation to which the Town is a party. E b. Recommendation: Delete section 5 of Article XX and substitute P therefor the following: O "The Town Counsel shall, unless otherwise directed by the Town Manager with the approval of the Selectmen, prosecute or R defend all cases and proceedings to which the Town is a party. He shall also prosecute, unless otherwise directed by the T Town Manager with the approval of the Selectmen, all cases for the breach or violation of the by-laws of the Town." Reason: The Town Manager, with the approval of the Selectmen, has the authority to prosecute, defend or compromise all litigation to which the Town is a party. J. Article XXX - Permanent Building Committee a. Recommendation: Renumber this article from XXX to XVII and renumber all articles beginning with the present XVII accordingly. Reason: The Permanent Building Committee by-law should be included with other by-laws relating to Town Committees. BOARD OF SELECTMEN /s/ Allan F. Kenney /s/ Fred C. Bailey /s/ Alfred S. Busa /s/ Natalie H. Rif fin /s/ Sanborn C. Brown February 11, 1974) A Patricia K. Hagedorn moved to amend the motion offered by Mr. Kenney M to add: and that the last phrase "to the Board of Selectmen" be E retained in Section 5, Article XVI. N 10:32 P. M. D M Mrs. Hagedorn's motion to amend declared carried by voice vote. E 10:37 P. M. N T Weiant Wathen-Dunn moved to amend Article 89 by adding to the revised Article VI, Section 11, the words: "and Saturdays." 10:38 P. M. Mr. Kenney said that the Selectmen do not object to this motion. 10:38 P. M. Mr. Wathen-Dunn's motion to amend declared carried by voice vote. 10:42 P. M. Article 89. Robert I. Rotberg moved to amend Article 89 by inserting in Article (Cont.) XX, Section 5 the words "However, Town Counsel shall defend or prosecute on behalf of the School Committee at the request of a majority of the School Committee. " This motion was ruled as beyond the scope of the original motion by the Moderator. 10:47 P. M. John Deutch moved the previous question which was declared carried by voice vote. 10:47 P. M. Main motion, as amended, now reads: M MOTION: To amend the General By-Laws of the Town of Lexington as A follows: I N A. Article VI - Selectmen a. Delete sections 4, 5 and 6 of Article VI dealing with the Police 11 Department and special policemen and policewomen. 0 T b. Delete sections 9 and 10 of Article VI dealing with the Town I Office Building. 0 N c. Delete all words after the word "holidays" in section 11 of Article VI. The section will read as follows: "That portion of the Town Office Building which is occupied by the officers of A the Board of Selectmen, or Board of Public Works, the Town S Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open continuously for the transaction of business for eight hours each week day, except holidays and Saturdays." A M d. Delete section 12 of Article VI and substitute therefor the E following: "The Town Manager may, with the approval of the N Selectmen, sell any personal property or material no longer D required and not exceeding one thousand dollars in value." E D e. Renumber the remaining sections of Article VI from 1 to 11 in the order they appear. B. Article VII - Town Clerk (Approved a. Delete the first sentence of section 1 of Article VII. by Atty. General, C. Article VIII - Town Treasurer June 7, 1974. a. Delete section 1 of Article VIII and substitute therefor the following: "The Town Treasurer shall give bond annually for the Advertised faithful performance of his duties in an amount not less than in Lex. required by law as recommended by the Town Manager with the Minute Man approval of the Selectmen." June 13, 20 & 27, D. Article XIII - Appropriation Committee 1974.) a. Delete section 1 of Article XIII and substitute therefor the following: "Section 1. The Town shall have a committee called the Appro- priation Committee, which shall consider any and all municipal questions for the purpose of making reports or recommendations thereon to the Town. Such committee shall consist of nine voters of sound business experience or good judgment and the Town Comptroller, who shall ex-officio be a member of the Committee but without a vote. No member of the Committee, other than the Town Comptroller, shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the Town or any subcommittee appointed by any other Town official, board, committee or commission, except that he may serve on the joint school committee-teacher's salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to so serve." 505 Article 89. D. b. Delete section 2 of Article XIII and substitute therefor the (Cont.) following: "Section 2. Each member of the committee shall be appointed by the Moderator to serve for a term of three years. The term of one-third of the members of the committee shall expire each year at the final adjournment of the annual town meeting. The Moderator shall, promptly after the final adjournment of each annual town meeting, appoint a successor for any member of the committee whose term expires that year and shall, promptly after any vacancy occurs in the committee, appoint a successor to fill that vacancy for the unexpired term of his predecessor. If any member of the committee ceases to be a resident of the Town, or accepts any position that would have made him ineligible for appointment to the committee, he shall forthwith cease to be a member of the committee." M A E. Article XIV - Capital Expenditures Committee I N a. Delete the first paragraph of section 1 of Article XIV and substitute therefor the following: "Section 1. The Town shall have a Capital Expenditures M Committee consisting of five voters of the Town appointed for O a term of three years each, the terms of no more than two of T which shall expire in any one year. No member of the Committee I shall be a town officer or a town employee, other than town O meeting member, nor shall he serve on any other board, committee N or commission of the Town or any subcommittee appointed by any other town official, board, committee or commission except that he may serve on the joint school committee-teachers' salary advisory committee or special committees which may be created A from time to time by vote of the town meeting when such vote S expressly authorizes him to serve." F. Article XVI - Recreation Committee A a. Delete section 1 of Article XVI and substitute therefore the M following: E N "Section 1. The Town shall have a Recreation Committee. It D shall consist of five voters of the Town. Upon the expiration E of the term of a member, a successor shall be appointed for a D term of three years. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. " b. Delete section 4 of Article XVI. c. Renumber section 5 of Article XVI to section 4. G. Article XVIII - Civil Defense a. Delete section 2 of Article XVIII and substitute therefor the following: "Section 2. Director of Civil Defense. The department shall be under the direction of the director of civil defense (herein- after called the "director") . The director shall have direct responsibility for the organization, administration and operation of the department. The director shall also have authority, to accept and receive on behalf of the town, subject to approval of the Board of Selectmen, services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans." Article 89. H. Article XIX - Gas Inspector (Cont.) a. Delete sections 1 and 2 of Article XIX and substitute therefor the following: "Section 1. The Town shall have an inspector of gas piping and gas appliances in buildings, to be known as the Gas In- spector, who shall be appointed annually in April and who shall hold office for a term expiring on the thirtieth day of April in the following calendar year and until his successor is appointed and qualified. He shall have had at least ten years of practi- cal experience in gas fitting. The duties of the Gas Inspector shall be the enforcement of the rules and regulations adopted by the Board established under Section 12H of Chapter 25 of the M General Laws, and any acts in amendment thereof and in addition A thereto. The Gas Inspector may, so far as is necessary for the I performance of his duties, enter any building within the Town at N any reasonable hour." "Section 2. One or more assistant gas inspectors may be appointed to act in the absence or disability of the Gas M Inspector and, while so acting, each of them shall have and may O exercise all of the powers and duties of the Gas Inspector. T Assistant gas inspectors shall have the same qualifications as I set forth for the Gas Inspector. O - N The Gas Inspector shall not be interested in any building contract in the Town or have any interest in the furnishing of materials for any building therein; provided, however, that he may, with the written approval of the Selectmen, have such A interest if he wholly refrains from acting as Gas Inspector in S the particular case. In each such case, an assistant gas inspector or a disinterested substitute gas inspector shall be appointed to act therein, with all the powers and duties of the Gas Inspector." A I. Article XX - Town Counsel M E a. Delete the first paragraph of section 2 of Article XX and sub- N stitute therefor the following: (Refer to "Board of Selectmen" D rather than "Said Board" at the beginning of the second para- E graph of section 2.) D "Section 2. No claim or action against the Town, unless reduced to the form of an execution or decree of court, shall be compromised or settled by the payment of any amount in excess of one thousand dollars, without a special vote of the Town." b. Delete section 5 of Article XX and substitute therefor the following: "The Town Counsel shall, unless otherwise directed by the Town Manager with the approval of the Selectmen, prosecute or defend all cases and proceedings to which the Town is a party. He shall also prosecute, unless otherwise directed by the Town Manager with the approval of the Selectmen, all cases for the breach or violation of the by-laws of the Town." J. Article XXX - Permanent Building Committee a. Renumber this article from XXX to XVII and renumber all articles beginning with the present XVII accordingly. Motion, as offered by Allan F. Kenney and as amended by Mrs. Hagedorn and Weiant Wathen-Dunn, declared carried by voice vote. 10:48 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 29, 1974 at 7:45 P. M. in the Cary Memorial Hall. 10:48 P. M. 501 J. Keith Butters moved to amend the motion so that the motion would be that the meeting would adjourn to Monday, April 29, 1974 at 7:30 P. M. in the Cary Memorial Hall and the Monday, April 29th meeting would adjourn to Wednesday, May 1, 1974 at 8:30 P. M. 10:52 P. M. Mr. Butters stated that he, as well as some other members, had already made plans for Thursday, May 2, 1974 and feels that the adjourned session should be held on Wednesday, May 1, 1974 as had been previously planned. He set the time for 8:30 P. M. in order to allow time to set up the hall after the Glaucoma Clinic. 10:52 P. M. Joseph O. Rooney stated that he would obtain the services of some of the Lions Club members to help with the setting up of the hall. 10:53 P. M. It was suggested that the Estabrook Hall be used for the Glaucoma Clinic but the Town Manager, Walter C. O'Connell felt that this would not be too convenient for some of the older people using the services of the clinic, although it could be done, and parking could also create a problem. 10:53 P. M. William T. Spencer asked if Mr. Butter's motion could be divided and the Moderator stated that it could, and would be divided for voting purposes. 10:55 P. M. Mr. Kenney stated that the Selectmen had already set up appointments for Monday evening and that the 7:30 P. M. start for the adjourned session of the town meeting would prove a hardship to his board. The Moderator stated, that, although a town meeting would be adjourned to a time certain, he would not call the meeting to order if a major board, such as the Board of Selectmen, was not present, assuming that the board would be in attendance momentarily and the meeting could then be called to order. 10:56 P. M. The first part of Mr. Butter's motion - motion that the meeting be adjourned to Monday, April 29, 1974 at 7:30 P. M. in the Cary Memorial Hall was declared carried by voice vote. 10:57 P. M. As the town meeting members started to leave the Moderator stated that the meeting was not yet adjourned and asked for a sense of the meeting vote regarding a Wednesday or Thursday adjourned session next week. It was the sense of the meeting, by voice vote, that the members preferred the Wednesday meeting. Mr. Kenney stated that it would be established that next Wednesday would be the meeting date. Voice vote was taken on the motion to adjourn to Monday, April 29, 1974 at 7:30 P. M. in Cary Memorial Hall. Carried by voice vote. 11:01 P. M. A true copy. Attest: -2)/( 4-4, ✓�z Mary R. McDonough, Town Clerk 508 ADJOURNED TOWN MEETING - APRIL 29, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:30 P. M. in the Cary Memorial Hall. As there was not a quorum present, the Moderator called a recess at 7:30 P. M. The Moderator called the meeting to order at 7:52 P. M. There were 191 Town Meeting Members present. The invocation was offered by Rabbi Joel H. Meyers of the Temple Emunah. 7:53 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that he would like to speak about the date of the adjournment of this meeting. At the April 25, 1974 adjourned session a sense of the meeting vote was taken showing that the town meeting members were in favor of holding an adjourned session on Wednes- day, May 1, 1974. Mr. Kenney stated that the Glaucoma Clinic had a long term contract to use Cary Memorial Hall on May 1, 1974 and that they had advertised and mailed postcards to the citizens of the town. Mr. Kenney stated that the town meeting had the following options: to meet on Wednesday night as usual; meet on Wednesday night at 9 P. M. ; meet on Thursday night May 2; meet on Monday night May 6. 7:55 P. M. Abraham Wise, Lion's Club member who is in charge of the Glaucoma Clinic, stated that the arrangements for the use of Cary Hall on May 1, 1974 had been made in May 1973, that 7,500 post cards had been mailed to each homeowner and, as of late this afternoon, 350 appointments had been made. Last year 568 residents had taken advantage of this clinic, 50o being senior citizens. Mr. Wise offers the following suggestions to the meeting: change Wednesday, May 1 meeting to Monday, May 6; delay time of meeting to 8:30 or 9 P. M. ; have the town meeting in the high school auditorium. 7:59 P. M. Mr. Kenney answered that if the meeting started at 8:30 P. M. on May 1 the Glaucoma Clinic would have to be held in Estabrook Hall. 8 P. M. The Moderator felt that the town meeting would defer to the wishes of the clinic organization and meet on Thursday or Monday next. 8 P. M. James M. McLaughlin moved that when this meeting adjourns tonight, that it be adjourned to next Monday, May 6, 1974 at 7:45 P. M. Carried by voice vote. 8:01 P. M. The Moderator stated that when the motion to adjourn is made tonight that the meeting would adjourn to Monday, May 6, 1974 at 7:45 P. M. 8:02 P. M. Lois W. Brown moved for reconsideration of the motion to adjourn. 8:03 P. M. Mrs. Brown stated that the Planning Board had hearings set up for next Monday evening and also a meeting with the Board of Selectmen. 8:03 P. M. Lilah H. Groisser stated that the high school would be used for rehearsal of a play on next Wednesday and Thursday evenings, therefore it would not be possible to use the school for town meeting. 8:04 P. M. John Deutch moved the previous question which was declared carried by voice vote. 8:05 P. M. Reconsideration of the adjournment motion declared carried by voice vote, which was doubted, so standing vote taken as follows: 509 Precinct In Favor Tellers Opposed 1 4 Herbert R. Adams 10 2 9 Michael J. O'Sullivan 4 3 11 Joseph A. Campbell 4 4 6 Judith J. Uhrig 11 5 7 George F. McCormack 7 6 8 John T. Harvell 8 7 12 John R. Campbell 6 8 7 Mary E. Shunney 10 9 10 Jane P. Buckley 3 At large 9 Howard L. Levingston 8 Totals 83 71 Reconsideration of adjournment motion prevails. 8:09 P. M. Allan Green feels that the meeting should stand by the sense of the meeting vote that was taken last Wednesday (the sense of the meeting vote that was taken at the beginning of the meeting) and moved that the meeting, when adjourning this evening, be adjourned to Thursday, May 2, 1974 at 7:45 P. in the Cary Memorial Hall. 8:10 P. M. Mr. Green's motion declared carried by voice vote. 8:10 P. M. The Moderator stated that the motion on the floor now is that when this meeting is adjourned that it be adjourned to Thursday, May 2, 1974 at 7:45 P. M. in Cary Memorial Hall. Motion declared carried by voice vote. 8:10 P. M. Article 90. Presented by Margery M. Battin. MOTION: That the Selectmen be and they hereby are authorized and requested to petition the General Court, on behalf of the Town, for special legislation amending the third paragraph of Section 1 of Chapter 753 of the Acts of 1968 by substituting therefor a paragraph in substantially the following language, such legislation to provide that it will take effect only after it has been submitted to the voters at a subsequent annual town election and has been approved by a majority of those voting upon the question: When a vacancy or vacancies occur in the membership of the School Committee or the Board of Selectmen, the remaining members of the committee or board in which the vacancy or vacancies have occurred shall give notification thereof to the Town Clerk, and said remaining members together with the Town Moderator shall meet publicly not less than two nor more than three weeks after such notification to appoint a person or persons to fill such vacancy or vacancies. A majority of the votes of the said remaining members and Town Moderator shall be necessary to such appointment. A person so appointed shall hold office until the next annual election at which time the voters shall elect a person or persons to fill the remainder of the unexpired term or terms, if any. Provided, however, that if such vacancy or vacancies occur less than one hundred days prior to the annual election and not less than three members of such committee or board remain in office, the vacancies shall remain unfilled until such annual election. 8:13 P. M. Robert I. Rotberg offered the following substitute motion: MOTION: That the selectmen be and they hereby are authorized and requested to petition the General Court, on behalf of the Town, for special Legislation amending the third paragraph of Section 1 of Chapter 753 of the Acts of 1968 by/stituting therefor a paragraph or paragraphs in substantially the following language, such legislation to provide that it will take effect only after it has been submitted to the voters at a subsequent annual town election and has been approved by a majority of those voting upon the question. A vacancy or vacancies occurring in the membership of the school committee or the board of selectmen shall be filled by vote of a special town meeting in the following manner, except that if the vacancy or vacancies occur less than 120 days prior to the next annual 510 Article 90. election and not less than three members of the said committee or (Cont.) board remain in office, the vacancy or vacancies shall remain unfilled until such annual election: (I) Upon determining that such a vacancy or vacancies exist, the board of selectmen shall call a special town meeting to be held not more than five weeks from the time of such determination for the sole purpose of filling the vacancy or vacancies, and shall also fix a time not less than two weeks following such determination within which persons wishing to be candidates for filling the vacancy shall file nomination papers. (II) No person shall be eligible for selection to fill such vacancy or vacancies without having filed nomination papers subject to the same requirements as if the vacancy or vacancies were to be filled by the voters in an annual town election. (III) Voting at the special town meeting shall be by ballot. If no candidate received a majority of the votes cast on the first ballot, a second ballot shall be held with that candidate eliminated who received the fewest votes on the first ballot. Balloting shall con- tinue in this manner until one candidate has received a majority of the votes cast. If two vacancies for the same committee or board are to be filled at the same meeting, they shall be filled one at a time according to the foregoing procedure; and every candidate except the one already selected to fill the first vacancy shall be eligible when balloting commences to fill the second vacancy. (IV) The person or persons so selected shall hold office until the next annual election at which time the voters shall elect a person or persons to fill the remainder of the unexpired term or terms if any. 8:30 P. M. Frank I. Michelman moved to amend by substituting for the paragraph numbered (III) the following paragraph: " (III) Voting at the special town meeting shall be by a poll of the meeting. If no candidate receives a majority of the votes on the first polling, a second polling shall be held with that candidate eliminated who received the fewest votes on the first polling. Polling shall continue in this manner until one candidate has received a major- ity of the votes. If two vacancies for the same committee or board are to be filled at the same meeting, they shall be filled one at a time according to the foregoing procedure; and every candidate except the one already selected to fill the first vacancy shall be eligible when polling commences to fill the second vacancy." 8:32 P. M. Jane E. Berchtold, Chairman of the School Committee, speaking as an individual town meeting member, stated that she is in favor of Mrs. Battin's motion but is opposed to the amendments. 8:34 P. M. Edward E. Furash, Chairman of the Appropriation Committee, opposed the main motion and the two amendments and feels that it should remain as we now have it. 8:38 P. M. Mr. Michelman's motion to amend declared lost by voice vote. 8:46 P. M. Jack L. Mitchell moved the previous question which was declared carried by voice vote. 8:47 P. M. Mr. Rotberg's motion to amend declared lost by voice vote. 8:47 P. M. Main motion, as offered by Mrs. Battin, declared lost by voice vote. 8:47 P. M. 511 Article 91. Presented by Fred C. Bailey. MOTION: That the Town accept Section 6B of Chapter 40 of the General Laws. 8:48 P. M. (Chapter 40, Section 6B of the General Laws: UNIFORMS FOR POLICE AND FIREMEN; CLOTHING ALLOWANCES. A city or town which accepts or has accepted this section may appropriate money for the purchase of uniforms for members of its police and fire departments, which may include the purchase of rubber boots, shoes, and other outer clothing necessary for the use of members of the police and fire departments when traveling to or from or during the course of their employment. A city or town which appropriates money for uniforms for the uni- formed members of its police force may appropriate money to be paid as a clothing allowance to an officer serving as a detective or required to work without a uniform; provided, that the sum so paid as a clothing allowance to a member, serving as a detective or required to work with- out a uniform, shall not in any event exceed any maximum amount esta- blished by a city or town as the amount that may be expended by the city or town during a given year, for uniform clothing, for a uni- formed member of said force under the provisions of this section.) Motion, as presented by Mr. Bailey, declared carried unanimously. 8:49 P. M. Article 92. Presented by Fred C. Bailey. MOTION: That the Town accept Sections 57B and 57C of Chapter 48 of the General Laws. 8:50 P. M. (Chapter 48, Section 57B of the General Laws: 0 TIME OFF WITHOUT LOSS OF PAY FOR DELEGATES TO STATE CONVENTION OF ASSOCIATED FIRE FIGHTERS, etc. Members of the fire department in any city or town adopting this section may be excused from duty for not more than four days in any year without loss of pay while in attendance as an official delegate to the Associated Fire Fighters of Massachusetts AFL:CIO convention held within the commonwealth. Chapter 48, Section 57C of the General Laws: TIME OFF WITHOUT LOSS OF PAY FOR DELEGATES TO CERTAIN CONVENTIONS OF FIRE FIGHTERS. Members of the fire department in any city or town accepting the provisions of this section may be excused from duty for not more than two days in any year without loss of pay while in attendance as an official delegate to the convention of the Massachusetts Permanent Firemen's Association or the Massachusetts State Firemen's Association held within the commonwealth; provided, however, that any such member who attends both such conventions as an official delegate may be excused from duty for not more than four days in any year.) Motion, as presented by Mr. Bailey, declared carried unanimously. 8:50 P. M. Article 93. Presented by Allan F. Kenney. MOTION: That the sum of $2,500.00 be appropriated to retain consult- ants to research, study and report on the problems of traffic safety in the school approach areas of the Town, and that such amount be raised in the tax levy. 8:50 P. M. Edward E. Furash stated that the Appropriation Committee is opposed to this article. 8:54 P. M. Charles H. Cole,2nd moved the previous question which was declared carried by voice vote. 8:58 P. M. Main motion, as offered by Mr. Kenney, declared lost by voice vote. 8:58 P. M. 512 Spencer Lavan moved for reconsideration of Article 54. 8:58 P. M. Motion to recconsider Article 54 declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 8 Herbert R. Adams 7 2 6 Michael J. O'Sullivan 12 3 14 Joseph A. Campbell 4 4 11 Judith J. Uhrig 6 5 11 George F. McCormack 8 6 17 John T. Harvell 0 7 13 John R. Campbell 7 8 4 Mary E. Shunney 16 9 12 Jane P. Buckley 6 At large 8 Howard L. Levingston 10 Totals 104 76 Motion to reconsider Article 54 prevails. 9:08 P. M. Article 54. Conservation Commission Member, Francis W. K. Smith spoke on the article and after general discussion Joan P. Crothers moved that the meeting be polled which was declared lost by voice vote. 9:17 P. M. (See Page Standing vote on motion, as presented by David G. Williams at the 482) April 10, 1974 adjourned session (MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C 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 Lot 84 on Assessors' Property Map 30, now or formerly of Augusta; that the sum of $35,000.00 be appropriated for such land acquisition, and that such amount be raised in the tax levy.) taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 10 2 6 Michael J. O'Sullivan 12 3 17 Joseph A. Campbell 2 4 11 Judith J. Uhrig 6 5 12 George F. McCormack 7 6 16 John T. Harvell 0 7 15 John R. Campbell 3 8 6 Mary E. Shunney 14 9 11 Jane P. Buckley 6 At large 13 Howard L. Levingston 7 Totals 112 67 Less than the required two-thirds having voted in favor, the motion, offered by Mr. Williams under Article 54, is not adopted. 9:19 P. M. The Moderator called a reced.s at 9:20 P. M. The Moderator called the meeting to order at 9:34 P. M. Article 94. Temple E. Scanlon stated that Fred Cohen of Precinct 5 was to have moved indefinite postponement of Article.94.In his abscence he had requested Mr. Scanlon to make this motion for him. MOTION. That this article be indefinitely postponed. Carried Unanimously. 9:35 P. M. 51 3 Article 95. Presented by Sam Silverman. MOTION: That the town accept Section 20 of Chapter 40A of the General Laws. 9:36 P. M. (Chapter 40A, Section 20 of the General Laws: RECONSIDERATION OF APPEAL OR PETITION FOR VARIANCE FROM TERMS OF ORDINANCE, etc. , AFTER UNFAVORABLE ACTION. After acceptance of this section or corresponding provisions of earlier laws as provided in section four of chapter four, no appeal or petition under paragraph three of section fifteen for a variance from the terms of such an ordinance or by-law with respect to a particular parcel of land or the building thereon, and no application under paragraph two of section fifteen for a special exception to the terms of any such ordinance or by-law, which has been unfavorably acted upon by the board of appeals shall be considered on its merits by said board within two years after the date of such unfavorable action except with the consent of all but one of the members of the planning board, or of the board of selectmen in a town having no planning board; provided, however, that an annulment of a favorable decision of said board by the court pursuant to the authorization contained in section twenty-one shall not constitute unfavorable action within the meaning of this section.) In answer to Charles H. Cole, 2nd, George P. Wadsworth, a member of the Board of Appeals, stated that the board did not have much to say about this article at this time and it did not appear that it would make too much difference to them. 9:43 P. M. Eric T. Clarke, Chairman of the Planning Board, stated that his board was in favor of this change. 9:44 P. M. Motion, as offered by Mr. Silverman, carried by voice vote. 9:46 P. M. Article 96. Presented by Nyles Nathan Barnert. MOTION: That the Town vote to amend Article XXIV of the General By-Laws of the Town by adding the following new Sections 28 and 29 thereto under the heading of 'Prevention of Noise Pollution' : Section 28. No owner or agent having charge of any store or business in a C.N. , C.G. or C.B. business district as described in Section 20.2 of the Zoning By-Laws of the Town of Lexington or any business operating on a Special Permit or any nonconforming business shall cause, permit or suffer such store or business to remain open between the hours of midnight and seven o'clock in the forenoon. Section 29. No person shall make or cause to be made any deliveries to or pick ups from any store or business in a C.N. , C.G. or C.B. business district as described in Section 20.2 of the Zoning By-Laws of the Town of Lexington or any business operating on a Special Permit or any nonconforming business between the hours of midnight and seven o'clock in the forenoon. 9:47 P. M. Mr. Long was recognized and spoke on behalf of Louis Spencer, the sponsor of this article. 9:50 P. M. William R. Page moved to amend: MOTION: To refer the question of amending Article XXIV of the General By-Laws of the Town to a committee consisting of no less than three and no more than seven voters of the town, to be appointed by the Moderator. The committee shall study problems of noise pollution in the town and shall make recommendations regarding these problems. The committee shall make a report to the next annual town meeting. 9:55 P. M. 514 Article 96. Allan F. Kenney stated that the Board of Selectmen unanimously favor (Cont.) passage of Mr. Page's amendment to refer this matter to a committee. 9:57 P. M. Motion to refer to committee, as offered by Mr. Page, declared carried by voice vote. 9:58 P. M. Article 97. Presented by Allen Lee Whitman, Jr. MOTION: That the membership of the School Committee is hereby in- creased from five (5) to seven (7) members effective at the annual election of officers in 1975, in the following manner: at the annual election of 1975 three (3) members shall be elected for a period of three years and every three years thereafter, at the annual election of 1976 two (2) members shall be elected for a perioV three years and every three years thereafter and at the annual election of 1977 two (2) members shall be elected for a period of three years and every three years thereafter. • 9:59 P. M. Diane Lund spoke on behalf of the majority of the Citizens Committee for Lexington Public Schools who are in favor of this motion. 10:08 P. M. In answer to Joseph 0. Rooney, Jane E. Berchtold, Chairman of the School Committee, stated that she was speaking for four members of her committee who did not feel that this change would help the School Committee. 10:12 P. M. Selectman, Sanborn C. Brown, a past member of the School Committee, spoke on behalf of a majority of the Board of Selectmen who favor the five man (or woman) School Committee. 10:18 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that it was quality, not quantity, that was needed and he opposed the motion. 10:20 P. M. Winifred L. L. Friedman spoke on behalf of the minority of the Citizens Committee for Lexington Public Schools who are opposed to this change. 10:25 P. M. Appropriation Committee Member, Arthur T. Berner spoke in favor of the motion. 10:28 P. M. Haskell W. Reed moved the previous question which was declared carried by voice vote. 10:28 P. M. Motion, as offered by Mr. Whitman, declared lost by voice vote. 10:31 P. M. Article 2. Town Manager, Walter C. O'Connell filed his Status Report on 1973 Articles and open articles for Public Works, Recreation and Conserva- tion. He read a progress report in regard to budget performance, personnel, collective bargaining etc. Mr. O'Connell stated that the objective is to hold the tax rate at 5% as it is this year. The Status Report, as filed by Mr. O'Connell, is accepted unanimously. 10:49 P. M. Allan F. Kenney moved that the meeting be adjourned. (See Page 509 for adjourn- ment motion: "Adjourned to Thursday, May 2, 1974 at 7:45 P. M. in Cary Memorial Hall.") Carried by voice vote. 10:50 P. M. A true copy. Attest: > i' Zi 1/„,i,D ' Mary R. McDonough, Town Clerk ADJOURNED TOWN MEETING - MAY 2, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 7:57 P. M. in the Cary Memorial Hall. There were 179 Town Meeting Members present. Invocation offered by Rev. R. Reinhold Abele, Pastor of the Pilgrim Congregational Church. 8 P. M. Article 98. Presented by Myron L. Miller. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:02 P. M. Paul W. Marshall moved that Article 100 be taken up, out of order, at this time. Carried by voice vote. 8:02 P. M. Article 99. See Page 516. Article 100. Presented by Paul W. Marshall. MOTION: That the Board of Selectmen institute and establish a system of townwide solid waste collection subject to the following terms and conditions: 1. For Public Buildings and Schools, there shall be daily collection of solid waste, if necessary. 2. For single and two family private residences there shall be: (a) Collection of trash once every other week. (b) Collection of recyclable paper once during alternate weeks. (c) Collection of recyclable glass once a month. (d) Periodic collection of bulky waste. The Board of Selectmen shall make reasonable rules and regulations to carry out the foregoing solid waste collection system. Such rules and regulations shall be drawn to further the purpose of encouraging recycling of reclaimable solid waste and insuring an efficient economically and ecologically sound system of solid waste disposal, and that the sum of $250,000. be appropriated to carry out the foregoing, such sum to be raised in the tax levy. 8:03 P. M. Mr. Marshall spoke on behalf of the solid waste collection. 8:20 P. M. In answer to a question raised by Graydon M. Wheaton, Mr. Marshall stated that the collection of garbage was beyond the scope of the current article. 8:23 P. M. (Amend- Edward E. Furash moved that the subject matter of Article 100 be ment referred to the Board of Selectmen for further study and evaluation, adopted) with the request that a proposal, which will carry out the objectives (*See of this article be developed and submitted to the 1975 Annual Town Pages Meeting. 8:23 P. M. 521 & 522) Allan F. Kenney, Chairman of the Board of Selectmen, stated that a majority of the Selectmen support the motion of referral. 8:31 P. M. Mr. Furash's referral motion declared carried by voice vote, which was doubted, so a standing vote taken as follows: 516 Article 100. Precinct In Favor Tellers Opposed (Cont.) 1 10 Herbert R. Adams 5 2 11 Francis G. Fuery 7 3 6 Joseph A. Campbell 10 4 8 Judith J. Uhrig 8 5 11 George F. McCormack 6 6 2 John T. Harvell 12 7 2 John R. Campbell 15 8 16 Mary E. Shunney 3 9 9 Jane P. Buckley 9 At large 15 Howard L. Levingston 6 Totals 90 81 Motion to refer to the Board of Selectmen, as offered by Mr. Furash, adopted. 8:37 P. M. Paul V. Riffin served notice of reconsideration of Article 100. 8:38 P. M. Article 99. Presented by Joyce Hals. MOTION: That the Town will vote to amend Article XXIV of the General By-Laws of the Town by adding a new section 28 to read substantially as follows: (*See No person shall deposit on the Sanitary Landfill any of the following Page types of refuse: 524.) 1. corrugated board 2. magazines and newspapers 3. appliances and other scrap metals These items shall be separately deposited at distinct, designated areas at the Sanitary Landfill and shall be collected and then distributed as secondary materials; and that the sum of $9,000.00 be appropriated to carry out the foregoing, such sum to be raised in the tax levy. 8:40 P. M. Edward E. Furash, Chairman of the Appropriation Committee, stated that he believed the motion was out of order as there was money in- cluded in a by-law amendment. 8:44 P. M. Joyce Hals moved to amend her motion by deleting everything after the word "materials". Carried by voice vote. 8:45 P. M. Frank H. Tatman, Jr. moved to strike the numeral "1" and "corrugated board" and to delete numerals 2 and 3 and substitute 1 and 2 respectively. Lost by voice vote. 8:50 P. M. Albert S. Richardson, Jr. moved to refer the subject matter to the Board of SelecLmen for further study. 8:51 P. M. Allan F. Kenney stated that the Board of Selectmen support the motion to refer to the Selectmen. 8:53 P. M. After general discussion, Paul G. Yewell moved the previous question which was declared lost by voice vote. 8:58 P. M. Ephraim Weiss moved that Article 99 be tabled, which was declared carried by voice vote. 8:59 P. M. 5i. Article 101. Presented by Robert A. Bowyer. MOTION: That the subject matter of Article 101 be referred to the Board of Selectmen and the Conservation Commission with the request that a proposal, which will carry out the objectives of this Article, be developed and submitted to the 1975 Annual Town Meeting. 9:01 P. M. Arthur C. Smith moved to delete all .the words after "Conservation Commission" so that the motion would read as follows: MOTION: That the subject matter of this article be referred to the Board of Selectmen and the Conservation Commission. Mr. Smith's amendment declared carried by voice vote. 9:13 P. M. The motion to refer declared carried by voice vote. 9:13 P. M. Article 102. Presented by Manfred P. Friedman. MOTION: That the Zoning By-Law of the Town be amended as follows: A. By increasing the number of Wetland Protection Districts by adding to Subsection 22.5 the following provision: "that portion of W-50 lying northwest of Route 128, that portion of W-51 lying southwest of Bedford Street, and W-54, B. and by adopting and incorporating as a part of the Town Zoning Map additional sheets of the maps entitled Wetland Protection Districts, Lexington, Massachusetts - 1973, numbered W-50, W-51 and W-54, but only to the extent provided for in Section A of this motion. 9:15 P. M. Mr. Friedman speaks on behalf of his motion. 9:32 P. M. Paul A. Plasse moved to amend the motion under Article 102 by adding in Section A after the words "By increasing the number of Wetland Protection Districts" the words "excluding all privately owned land". 9:33 P. M. Paul J. MacKenzie question the legality of Mr. Plasse's motion but the Moderator and Town Counsel, Norman P. Cohen ruled that the amendment was in order. 9:43 P. M. Motion to amend, as offered by Mr. Plasse, declared lost by voice vote. 9:44 P. M. Eric T. Clarke filed the Report of the Planning Board on Article 102. (A majority of the Planning Board recommends that Article 102 be indefinitely postponed.) 9:52 P. M. Mr. Kenney stated that the Board of Selectmen unanimously oppose this article. 9:56 P. M. Angela E. Frick, Chairman of the Conservation Commission, stated that the Conservation Commission obviously are in favor of wetland zoning and therefore are unanimously in favor of Article 102. 10:08 P. M. Donald J. Shaw moved the previous question, which was declared carried by voice vote. 10:08 P. M. As this motion requires a two-thirds vote, and the Moderator felt that it would not be unanimous, a standing vote was taken as follows: 5 Article 102. Precinct In Favor Tellers Opposed (Cont.) 1 5 Herbert R. Adams 8 2 6 Francis G. Fuery 11 3 8 Joseph A. Campbell 7 4 7 Judith J. Uhrig 7 5 8 George F. McCormack 7 6 12 John T. Harvell 3 7 13 John R. Campbell 4 8 5 Mary E. Shunney 14 9 7 Jane P. Buckley 10 At large 5 Howard L. Levingston 16 Totals 76 87 Motion is not adopted as less than the required two-thirds voted in favor. 10:13 P. M. Article 103. Presented by Anthony L. Mancini. MOTION: That this article be indefinitely postponed. 10:14 P. M. Frank Sandy serves notice of reconsideration of Article 102. 10:14 P. M. Article 103. Motion to indefinitely postpone Article 103, as offered by Mr. Man- (Cont.) cini, declared carried unanimously. 10:15 P. M. Article 104. Presented by Anthony L. Mancini. MOTION: That the Zoning By-Law, the Zoning District Maps and the Zoning Map of the Town be amended by designating as an RD-Multi- Dwelling District a certain area of land, now included in the RO- (Lost at One Family dwelling district, bounded and described as follows: Special Referendum, SOUTHWESTERLY by Wood Street, 202.43 feet; June 3, NORTHWESTERLY by a stone wall running through Lot E as shown on 1974 - Land Court Plan No. 6686B, about 375 feet; See SOUTHWESTERLY by the remaining portion of said Lot E, about Page 300 feet; 530.) NORTHWESTERLY by the same, about 530 feet; NORTHEASTERLY by the same, by a stone wall, about 570 feet; EASTERLY by the same, about 660 feet; SOUTHEASTERLY by Lot F as shown on said plan, about 420 feet; SOUTHWESTERLY by the same, 458.73 feet; and SOUTHERLY by the same, 233.68 feet; Containing about 16.4 acres. 10:17 P. M. James E. Cosgrove, Town Meeting Member from Precinct 9, in a note addressed to the Moderator, stated that he would abstain from voting on Articles 103, 104, 105, 106 and 107. Mr. Mancini asked that the following be recognized by the meeting: Mr. Wayne Barber, President, Creative Environments, Inc. and Mr. Roger Kallstrom of Kallstrom Andrews, Inc. , landscape architects for this proposal and a resident of Lexington. no As there was/objection, both men were recognized and Mr. Barber presented his proposal. Edward E. Furash, Chairman of the Appropriation Committee, questioned the presence of a quorum. 10:19 P. M. The Moderator called for a count of the Town Meeting Members, which was taken as follows: 519 Article 104. Precinct No. of Members Present Tellers (Cont.) 1 4 Herbert R. Adams 2 13 Michael J. O'Sullivan 3 8 Joseph A. Campbell 4 9 Judith J. Uhrig 5 15 George F. McCormack 6 11 William T. Spencer 7 12 John R. Campbell 8 12 Mary E. Shunney 9 12 Donald J. Shaw At large 14 Elizabeth M. Flynn Total 110 As 100 members present constitutes a quorum, the Moderator stated that a quorum was present. 10:20 P. M. Eric T. Clarke filed the Planning Board Report on Articles 103 and 104, summarized the report and stated that a majority of the Planning Board recommends adoption of the Flintlock rezoning proposal. 10:42 P. M. John Campbell of Holton Road spoke from the balcony stating that he objected to a project of this size. 11:10 P. M. Alice Roffi, 259 Wood Street and Bulent Kastarlak, 241 Wood Street, residents but not town meeting members, spoke in favor of the proposal. 11:16 P. M. James Cataldo moved the previous question which was declared carried by voice vote. 11:18 P. M. Mr. Mancini, the maker of the original motion, yielded his ten minutes to Mr. Barber who in turn yielded part of his time to Louise Simonds of Holton Road who spoke in opposition and to Msgr. Joseph Maguire of Wood Street. 11:26 P. M. A standing vote on Mr. Mancini's motion taken as follows: Precinct In Favor Tellers Opposed 1 11 Herbert R. Adams 3 2 13 Francis G. Fuery 5 3 10 Joseph A. Campbell 4 4 11 Judith J. Uhrig 5 5 14 George F. McCormack 3 6 12 John T. Harvell 3 7 14 John R. Campbell 4 8 10 Mary E. Shunney 10 9 4 Jane P. Buckley 12 At large 13 Howard L. Levingston 5 Totals 112 54 More than the required two-thirds having voted in favor, the motion is adopted. 11:28 P. M. Nancy F. Earsy moved for reconsideration of Article 104. 11:30 P. M. Roy Weinstein moved to table the motion to reconsider Article 104 for which a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 0 Herbert R. Adams 14 2 11 Francis G. Fuery 6 3 5 Joseph A. Campbell 7 4 3 Judith J. Uhrig 10 5 4 George F. McCormack 13 6 4 John T. Harvell 8 7 9 John R. Campbell 9 8 8 Mary E. Shunney 7 9 10 Jane P. Buckley 6 At large 1 Howard L. Levingston 16 Totals 55 96 Motion to table the motion to reconsider Article 104 is not adopted. 11:35 P. M. James M. McLaughlin moved the previous question which was declared carried by voice vote. 11:35 P. M. Motion to reconsider Article 104, as presented by Mrs. Earsy, declared lost by voice vote. 11:36 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, May 6, 1974 at 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:36 P. M. A true copy. Attest: \Mary R. McDonough, Town Clerk it it 521 ADJOURNED TOWN MEETING - MAY 6, 1974 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:11 P. M. in the Cary Memorial Hall. There were 188 Town Meeting Members present. Invocation offered by Dr. Herbert E. Stotts, 11 Hunt Road, Professor of Sociology of Religion, School of Theology, Boston University and a United Methodist Minister. 8:13 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, moved that Article 12 be taken off the table. Carried by voice vote. 8:08 P. M. Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8:13 P. M. Paul V. Riffin moved reconsideration of Article 100. 8:13 P. M. Edward E. Furash, Chairman of the Appropriation Committee, spoke in opposition to reconsider Article 100. 8:27 P. M. Margaret F. Rawls stated that the Conservation Commission supports the motion to reconsider Article 100. 8:32 P. M. George S. Silverman, Chairman of the Capital Expenditures Committee, spoke in opposition to the motion to reconsider Article 100. 8:33 P. M. Paul G. Yewell moved the previous question which was declared carried by voice vote. 8:36 P. M. 'Motion to reconsider Article 100 declared carried by voice vote, which was doubted, so a standing vote taken as follows: - i Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 10 2 8 Michael J. O'Sullivan 10 3 13 Joseph A. Campbell 3 4 7 Judith J. Uhrig 9 5 10 George F. McCormack 7 6 14 John T. Harvell 2 7 13 John R. Campbell 4 8 4 Mary E. Shunney 15 9 10 Jane P. Buckley 9 At large 8 Patricia K. Hagedorn 14 Totals 92 83 Motion to reconsider Article 100 prevails. 8:38 P. M. Article 100. Margery M. Battin, Selectman, spoke in opposition to the referral of Article 100 to the Board of Selectmen. 8:43 P. M. (*See Pages Selectman, Allan F. Kenney, supports referral to the Selectmen. 515 & 8:47 P. M. 516) Motion to refer to the Board of Selectmen for further study, as presented by Edward E. Furash at the May 2, 1974 session, declared lost by voice vote. 8:49 P. M. Joyce Hals moved to amend the main motion, as presented by Paul W. Marshall on May 2, 1974, by adding the following paragraph after Section 2 (d) : The Board of Selectmen shall be and hereby are empowered to make reasonable modifications in these terms and conditions in order to achieve initial implementation of this solid waste collection system. 9:02 P. M. 522 Article 100. Charles H. Cole, 2nd moved the previous question which was declared (Cont.) carried by voice vote. 9:10 P. M. Motion to amend, as presented by Joyce Hals, declared carried by voice vote. 9:13 P. M. Main motion, as amended, now reads: (Main MOTION: That the Board of Selectmen institute and establish a system motion, of townwide solid waste collection subject bb the following terms as and conditions: amended, adopted) 1. For Public Buildings and Schools, there shall be daily collection of solid waste, if necessary. (Lost at 2. For single and two family private residences there shall be: Special Referendum, (a) Collection of trash once every other week. June 3, (b) Collection of recyclable paper once during alternate weeks. 1974 - (c) Collection of recyclable glass once a month. See (d) Periodic collection of bulky waste. Pages 529- The Board of Selectmen shall be and hereby are empowered to make 530) reasonable modifications in these terms and conditions in order to achieve initial implementation of this solid waste collection system. The Board of Selectmen shall make reasonable rules and regula- tions to carry out the foregoing solid waste collection system. Such rules and regulations shall be drawn to further the purpose of encouraging recycling of reclaimable solid waste and insuring an efficient economically and ecologically sound system of solid waste disposal, and that the sum of $250,000. be appropriated to carry out the foregoing, such sum to be raised in the tax levy. Main motion, as amended, declared carried by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 6 Herbert R. Adams 9 2 7 Michael J. O'Sullivan 11 3 13 Joseph A. Campbell 4 4 9 Judith J. Uhrig 9 5 12 George F. McCormack 6 6 17 John T. Harvell 0 7 17 John R. Campbell 2 8 4 Mary E. Shunney 15 9 10 Jane P. Buckley 9 At large 9 Patricia K. Hagedorn 14 Totals 104 79 Main motion as offered by Paul W. Marshall on May 2, 1974 and amended by Joyce Hals declared adopted. 9:23 P. M. Frank Sandy moved reconsideration of Article 102. 9:23 P. M. Reconsideration of Article 102 declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 5 Herbert R. Adams 9 2 5 Michael J. O'Sullivan 11 3 9 Joseph A. Campbell 8 4 8 Judith J. Uhrig 9 5 12 George F. McCormack 6 6 17 John T. Harvell 0 7 15 John R. Campbell 4 8 2 Mary E. Shunney 16 9 5 Jane P. Buckley 13 At large 2 Patricia K. Hagedorn 20 Totals 80 96 (Eric Lund abstained from voting.) Motion to reconsider Article 102 declared lost. 9:32 P. M. Article 105. Presented by Donald J. Shaw. MOTION: That this article be indefinitely postponed. Planning Board Report filed under Article 106. James E. Cosgrove abstained from voting. Motion to indefinitely postpone Article 105 carried unanimously. 9:33 P. M. Article 106. Presented by Donald J. Shaw. MOTION: That the Town of Lexington Zoning By-Law by amended as follows: A. By changing the zoning district in which lies the land bounded and described below from RO - One Family Dwelling District to (Approved RD Multi-Dwelling District by revising the Zoning Map and by Atty. adopting a new Zoning District Map No. RD-2 showing as RD Gen. , Multi-Dwelling District the land bounded and described as more Robert H. particularly described in the warrant article, excepting and Quinn, excluding therefrom two certain parcels of land described as June 19, follows: 1974. Parcel 1 Advertised in Lex. Beginning at a point at the most southwesterly corner of the parcel Min. Man. , described below. July 25, Aug. 1 & thence running N 38° 00' 23" W 180.24 feet; 8, 1974.) thence turning and running N 51° 59' 37" E 100.60 feet; thence turning and running N 38° 00' 23" W about 250 feet; thence turning and running Northeasterly about 950 feet; thence turning and running Easterly about 390 feet; thence turning and running Southerly about 125 feet; thence turning and running N 87° 00' 36" W 451.90 feet; thence turning and running S 28° 50' 07" W 242.04 feet; thence turning and running S 50° 18' 26" E 30.41 feet; thence turning and running by a curved line having a radius of 322.84 feet, a distance of 76.07 feet; thence turning and running S 51° 59' 37" W 214.95 feet; thence turning and running S 47° 29' 42" E 248.70 feet; thence turning and running S 69° 25' 17" W 115 feet; thence turning and running S 74° 56' 57" W 48.33 feet; thence turning and running S 68° 48' 44" W 53.58 feet; thence turning and running S 73° 47' 19" W 68.70 feet; thence turning and running S 64° 24' 59" W 42.93 feet; thence turning and running S 44° 36' 47" W 32.35 feet; thence turning and running S 43° 18' 44" W 193.86 feet; thence turning and running S 40° 46' 57" W 26.00 feet; Parcel 2 Beginning at the most Northeasterly corner of the below described premises and running S 12° 53' 29" E about 125 feet; thence turning and running W about 775 feet; thence turning and running N about 125 feet; thence turning and running E about 745 feet; Both parcels together containing about 11.81 acres. B. By adding in Section 22 after subsection 22.4 thereof a new paragraph reading as follows: 22.51 a district on the northeasterly side of Bedford Street and southerly side of Winter Street as shown on the Zoning District Map. No. RD-2 entitled RD Multi-Dwelling District designated thereon 22.51. 9:43 P. M. Erik Lund and James E. Cosgrove have indicated that they will abstain from voting on this article. 524 Article 106. Charles Spaulding and Mark Moore, Jr. were recognized in order that (Cont.) they could make their presentation. Lois W. Brown question the presence of a quorum. The Moderator called for a count of the Town Meeting Members, which was taken as follows: Tellers Town Meeting Members Present William J. Dailey, Jr. 13 Lois W. Brown 38 J. Keith Butters 25 Levi G. Burnell 10 I Total Number of Members Present 86 As 100 members present constitutes a quorum, the Moderator, because of the lack of a quorum called a five minute recess. 9:43 P. M. The Moderator called the meeting to order at 9:53 P. M. and stated that a quorum was present. The Moderator stated that a dedication on May 18, 1974 at 11 A. M. in front of the Buckman Tavern was to be held for the Crocker family. 9:53 P. M. In his presentation, Mr. Spaulding stated that 17 acres, 27% of the total area, would be donated to the Conservation Commission. The sales price of each unit would be in the $29,500.00 to $39,500.00 range. 10:13 P. M. Eric Clarke file the Planning Board Report covering Articles 105 and 106 and stated that the Planning Board unanimously recommends the adoption of the Drummer Boy Green rezoning proposal. 10:16 P. M. Mrs. Casey of Winter Street, William McGrath of Winter Street, Hugh Chapin, Juniper Place and William Goldthwait, Simonds Road spoke from the balcony in favor of the proposal. Allan F. Kenney stated that the Board of Selectmen unanimously support this proposal. 10:37 P. M. Mr. Spaulding stated that the main access is off the Bedford Street jughandle. 10:42 P. M. After general discussion, a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 14 Herbert R. Adams 0 2 17 Michael J. O'Sullivan 0 3 13 Joseph A. Campbell 4 4 15 Judith J. Uhrig 0 5 19 George F. McCormack 0 6 16 John T. Harvell 1 7 11 John R. Campbell 8 8 17 Mary E. Shunney 2 9 15 Jane P. Buckley 2 At large 23 Patricia K. Hagedorn 0 Totals 160 17 More than the required two-thirds having voted in favor, the motion, as presented by Donald J. Shaw, is adopted. 10:57 P. M. Paul W. Marshall moved to take Article 99 off the table which was carried by voice vote. 10:57 P. M. Article 99. Paul W. Marshall moved that Article 99 be indefinitely postponed. (*See Page 516.) Carried Unanimously. 10:57 P. M. Nyles Nathan Barnert moved that the meeting be adjourned to Wednesday, May 8, 1974 at 8 P. M. Motion lost by voice vote. 10:58 P. M. Article 107. Presented by William R. Page. MOTION: That the Town vote to amend the Official Zoning Map of the Town by changing land owned by Bruce A. and Herman E. Erikson from One Family Residence RO to multi Family Dwelling RM, said land is located at the intersection of Piper Road and Waltham Street containing approximately 4.03 acres and is described as set forth in this article. 11 P. M. Bruce A. and Herman E. Erikson, proponents of this article, were recognized and spoke on behalf of their proposal. Eric T. Clarke filed the Planning Board Report and stated that- although the Planning Board generally feels that the Piper Ridge proposal has many positive features, a majority of the Planning Board is opposed to the rezoning. 11:17 P. M. After general discussion, a standing vote was taken on Mr. Page's motion as follows: Precinct In Favor Tellers Opposed 1 1 Herbert R. Adams 12 2 0 Michael J. O'Sullivan 17 3 0 Joseph A. Campbell 18 4 1 Judith J. Uhrig 16 5 0 George F. McCormack 17 6 0 John T. Harvell 16 7 0 John R. Campbell 17 8 0 Mary E. Shunney 15 9 0 Jane P. Buckley 17 At large 0 Patricia K. Hagedorn 21 Totals 2 166 Motion, as presented by Mr. Page, is not adopted. 11:28 P. M. Article 108. Presented by Manfred P. Friedman. MOTION: Be it resolved that the Selectmen do not re-invite Richard M. Nixon to attend any part of the Lexington Bicentennial observances. 11:29 P. M. In a note to the Moderator, Herbert R. Adams, Town Meeting Member from Precinct 1, stated that he would abstain from voting on this article. Lois W. Brown, a member of the Bicentennial Commission, spoke in opposition. 11:45 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, stated that the invitation to Mr. Nixon was sent at the request of the Bicentennial Commission, and, at the time of the invitation, the Selectmen were unanimously in favor of the invitation. 11:46 P. M. John T. Harvell moved the previous question which was declared carried by voice vote. Voice vote was doubted, so a standing vote was taken as follows: 526 Article 108. Precinct In Favor Tellers Opposed (Cont.) 1 6 Herbert R. Adams 7 2 11 Michael J. O'Sullivan 5 3 5 Joseph A. Campbell 13 4 10 Judith J. Uhrig 8 5 11 George F. McCormack 7 6 5 John T. Harvell 12 7 6 John R. Campbell 12 8 16 Mary E. Shunney 4 9 9 Jane P. Buckley 8 At large 18 Patricia K. Hagedorn 4 Totals 97 80 Previous question motion adopted. 11:50 P. M. Mr. Friedman yielded part of his ten minutes to: ' Donald B. White, Town Meeting Member and Chairman of the Lexington Republican Town Committee who spoke in opposition. 11:53 P. M. James M. McLaughlin moved that the vote be taken by roll call vote which was declared carried by voice vote. 12:01 A. M. The roll call vote on Article 108 was taken by the Town Clerk, Mary R. McDonough, assisted by Assistant Town Clerk, Norma B. Jervis, starting at 12:04 A. M. and completed at 12:17 A. M. The Moderator called a recess so that the votes could be counted. 12:19 A. M. The count was completed at 12:28 A. M. The Moderator called the meeting to order at 12 :28 A. M. Results of the roll call vote as follows: Precinct Yes No Abstained Absent Totals l At large 0 8 3 0 11 1 6 10 2 3 21 2 5 13 0 3 21 3 12 7 1 1 21 4 4 12 4 1 21 5 6 10 2 3 21 6 13 5 2 1 21 7 14 3 2 2 21 8 3 16 1 1 21 9 711 2 1 21 Totals 70 95 19 16 200 The motion, as presented by Mr. Friedman, is defeated. 12:28 A. M. J. Keith Butters moved reconsideration of Article 108. 12:29 A. M. Mr. Butters read the following resolution that would be presented if Article 108 is reconsidered (this would be a substitute motion) : RESOLVED: That the question "Shall the Selectmen reinvite Richard M. Nixon to I attend any part of the Lexington Bicentennial observances?" be placed on a separate paper "yes" or "no" ballot to be presented to the voters on the day of the November 1974 State Election and that no action be taken by the Selectmen prior to that day. The Selectmen's action on this matter shall reflect the will of the voters. 12:30 A, M. Natalie H. Rif fin speaks in favor of the substitute motion and Paul A. Plasse urged defeat of the motion to reconsider Article 108. 12:38 A. M. Robert M. Gary moved the previous question, which was declared carried by voice vote. 12:40 A. M. Motion to reconsider Article 108 declared lost by voice vote. 12:40 A. M. 527 Article 109. Presented by Edward E. Furash. MOTION: That the sum of $524,500.00 be appropriated to reduce the tax rate for the fiscal year beginning July 1, 1974, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 12:42 A. M. Allan F. Kenney moved that the meeting be dissolved. Carried Unanimously. 12:43 A. M. The 1974 Annual Town Meeting dissolved at 12:43 A. M. May 7, 1974. A true copy. Attest: r i y / i Mary R. McDonough, Town Clerk