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HomeMy WebLinkAbout1961-03-20 to 1961-03-27 ATM-min 2 ANNUAL TOWN MEETING HELD MARCH 20, 1961 Meeting called to order by James J. Carroll, Town Clerk, acting as Moderator Pro-tem. 8:03 P. M. There were 179 Town Meeting Members present. James J. Carroll asked for nominations for a Moderator Pro-tem for the meeting. 8:03 P. M. Nomination made by Ruth Morey for Judge Joseph R. Cotton to serve, duly seconded by Gardner C. Ferguson. 8:04 P. M. Judge Joseph R. Cotton unanimously elected. 8:04 P. M. Motion by Vernon C. Page, duly seconded, nominations be closed. So voted. 8:05 P. M. Joseph R. Cotton sworn as Moderator Pro-tem by Town Clerk, James J. Carroll. 8:07 P. M. Invocation offered by Rev. Harold T. Handley. 8:08 P. M. ,Town Clerk read the warrant for the meeting until further reading waived. Constable' s Return read. 8:08 P. M. Article 2. Appropriation Committee Report presented by J. Harper Blaisdell, Jr. which was voted to be accepted and placed on file. 8:08 P. M. Donald P. Noyes presents Report of the Capital Expend- itures Committee which was voted to accepted and placed on file. 8:08 P. M. Cary Lecture Committee Report presented by Paul H. Poehler was voted to be accepted, placed on file and the committee discharged. 8:10 P. M. Unless otherwise noted, all articles presented by Ruth Morey, Chairman, Board of Selectmen. Article 3. VOTED; That a Committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried 8:10 P. M. Article 4. VOTED: That the following amounts be appropriated for the current year and be raised in the current tax levy except where a transfer is indicated they shall be pro- vided by such a transfer. The Moderatorstates he will read the items for the various departments which can be discussed as the items are read. Selectmen' s Department Personal Services (Provides for E. A.) $18,000.00 Expenses 3,000.00 Printing Town Report 2,155.00 Elections 4,650.00 Insurance 47,500.00 Group Insurance 43,000.00 8:13 P. M. Town Clerk & Treasurer's Department Personal Services 9,701.00 Expenses 1,000.00 Elections 450.00 Vital Statistics 100.00 Parking Meter Maintenance 100.00 (This amount to be transferred from the Parking Meter Fund) Out-of-State Travel 175.00 Foreclosure and Redemption of Tax Titles 50.00 8:15 P. M. 218 Article 4. Collector's Department t717 ( Cont. ) Personal Services $10,478.00 Expenses 3,375.00 Metered Mail Postage 5,250.00 8:15 P. M. Trustees of Public Trust Expenses 350.00 8:15 P. M. Accounting Department Personal Services 12,841.00 Expenses 1,200.00 Out-ofState Travel 250.00 8:16 P. M. Assessors' Department Personal Services 18,589.00 Expenses 1,550.00 Out-of-State Travel 100.00 8:16 P. M. Law Department Personal Services 4,000.00 Special Fees 5,000.00 Expenses . 3,000.00 8:17 P. M. Amendment offered by David F. Toomey - total amount for Law Department to read $7,000.00 made up as follows: Personal Services 4,000.00 Special Fees 2,000.00 Expenses 1,000.00 Amendment voted on and declared lost by voice vote. 8:18 P. M. Appropriation Committee Expenses 2,500.00 8:18 P. M. Board of Appeals Personal Services 1,727.00 Expenses 2,285.00 8:18 P. M. Board of Retirement Accrued Liability 45,010.00 Expenses 350.00 8:18 P. M. Health Department Personal Services 9,347.00 Expenses 8,650.00 Engineering 2,500.00 Animal Inspection - Personal Services 970.00 Rabies Clinic - Expenses 800.00 8:19 P. M. Dental Clinic Personal Services 7,300.00 Expenses 800.00 8:19 P. M. 21 9 Article 4. Posture Clinic ( Cont. ) Personal Services $ 1,900.00 Expenses 300.00 8:19 P. M. Veterans' Day Expenses 200.00 8:19 P. M. Memorial Day Expenses 500.00 8:19 P. M. I Amendment offered by Bertram P. Gustin as follows: ttI move under Article 4 that the 1961 Budget for Item 16 - Town Celebrations Committee be $4,500.00 and the $500.00 increase be transferred from the E. & D.ft Amendment voted on and declared lost by voice vote. 8:30 P. M. Town Celebrations Committee Expenses 8:30 P. M. 4,000.00 Planning Board - Personal Services 11,876.00 Expenses 5,800.00 8:30 P. M. Recreation Committee Personal Services 13,885.00 Expenses 6,950.00 8:30 P. M. Board of Regi-strars • Personal Services 3,000.00 Expenses 900.00 8:30 P. M. • Capital Expenditures Committee Expenses 50.00 8:30 P. M. Historic Districts Commission Expenses 700.00 8:30 P. M. Standing School Building Committee Expenses 750.00 8:31 P. M. Police Department Personal Services 207,548.00 Expenses 19,885.00 Out-of-State Travel 60.00 Parking Meter Maintenance 150.00 (This amount to- be transferred from the Parking Meter Fund) 8:31 P. _M. 220 Article 4. Dog Officer ( Cont. ) Personal Services $ 550.00 Expenses 650.00 8:31 P. M. Fire Department Personal Services 224,104.00 Expenses 32,220.00 Ambulance Maintenance 920.00 8:31 P. M. Forest Fires r Wages & Expenses 500.00 8:31 P. M. Civil Defense Expenses 8,250.00 8:32 P. M. Inspection Department Personal Services 15,900.00 Expenses 2,420.00 Out-of-State Travel 125.00 8:34 P. M. Weights & Measures Personal Services 1,349.00 Expenses 545.00 8:34 P. M. Public Works, Superintendent's Office I I Personal Services 38,316.00 Expenses 1,858.00 8:34 P. N. __P.rip-ineerinr, Department Personal Services 38,887.00 Expenses 1,950.00 8:34 P. M. Town Offices and Cary Memorial Building Personal Services 14,150.00 Expenses 32,000.00 8:34 P. N. Rental Properties Maintenance 1,000.00 8:34 P. M. Public Works Building Wages & Expenses 35,700.00 8:34 P. M. Highway Maintenance Wages & Expenses 92,000.00 8:34 P. M. Highway Department - Road Machinery Wages & Expenses 37,000.00 8:34 P. M. 221 Article 4. Snow Removal (Cont.) Wages & Expenses -$100,000.00 8:35 P. M. Traffic Regulation and Control Wages & Expenses _ _ 12,000.00 8:35 P. M. Street Lights Expenses 59,220.00 8:35 P. M. Street Signs Expenses 3,000.00 8:35 P. M. Sewer Maintenance Wages & Expenses 26,000.00 8:35 P. M. Sewer Services - Wages & Expenses 66,600.00 8:35 P• 14' Garbage Collection Expenses 38,150.00 8:35 P. N. Care of Dump and Removal of Ashes Wages & Expenses 29,300.00 8:35 P. N. Water Maintenance Wages & Expenses 76,000.00 8:35 P. M. Water Services Wages & Expenses 44,550.00 8:37 P. M. Park Maintenance Wages & Expenses 69,600.00 Recreation Maintenance 7,500.00 8:37 P. M. Insect Suppression Wages & Expenses 9,000.00 8:37 P. M. Shade Tree Wages & Expenses 22,000.00 8:37 P. M. Dutch Elm Disease Wages & Expenses 16,500.00 8:37 P. M. 222 . Article 4. School Operation (Cont.) Personal Services2 $ ,593,180.00 Imo. Expenses 541,107.00 Transportation 83,537.00 Out-of-State Travel 3,700.00 Athletics 36,835.00 Vocational Education - Tuition 16,275.00 Handicraft Classes 15,126.00 8:37 P. M. Cary Memorial Library Personal Services ' 93,900.00 Expenses 26,685.00 (In addition to the amount of $3,015.50 . received from the County for Dog Licenses) 8:37 P. M. Public Welfare Personal Services 9,240.00 Administration 625.00 Aid & Expenses ' 15,000.00 8:37 P. M. Disability Assistance Aid & Expenses - 10,590.00 8:37 P. M. Aid to Dependent Children Aid & Expenses - - -- 5,000.00 8:37 P. M. Old Age Assistance Aid & Expenses - 60,500.00 8:37 P. M. Medical Assistance to the Aged _ Aid & Expenses 32,000.00 8:38 P. M. Veterans! Services Personal Services • 2,584.00 Administration 350.00 Aid & Expenses 9,000.00 Graves Registration300.00 Soldierst Burials 250.00 8:38 P. M. Cemetery Department Personal Services 4,778.00 Wages & Expenses 37,365.00 (Of which $4,000.00 is to be transferred from the Perpetual Care Fund - Westview Cemetery; and $1,500.00 is to be transferred from the Perpetual Care Fund - Munroe Cemetery) 8:38 P. M. Payment on Debt Interest 282,000.00 Principal ?79,000.00 (Of which $7,000.00 is to be transferred from the Parking Meter Fund) 8:38 P. M. Main motion, as presented, carried unanimously 8:39 P. M. Mrs. Morey asks to have Article 81 taken up next. The Moderator states, if no objections from the Town Meeting Members, Article 81 would be taken up. There were no objections. 8:39 P. M. Article 81. RESOLUTION: That the Lexington Town Meeting recommends Legislative action to establish a Metropolitan planning -Presented agency, of which at least half of the members shall be by selected by towns and cities in the area, and authorizes William the Board of Selectmen and the Planning Board to rep- Roger resent the Town in favor of such legislation. Greeley Said resolution voted to be accepted and duly recorded at 8:45 P. M. Article 5. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1962, and to issue a note or notes therefor payable within one year and to renew any note or notes that may be given for a period of less than one year in accordance with Section 17 of Chapter 44 of the General Laws. Carried Unanimously 8:53 P. M. Article 6. VOTED: To establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes at the following annual rates: Town Clerk $3,850.00 Town Treasurer 3,850.00 Town Collector of Taxes 6,600.00 the increase over the rates established last year to become effective April 1, 1961, and to raise and appropriate therefor the sum of $14,116.00. Carried Unanimously 8:54 P. M. Article 7• VOTED: That this article be indefinitely postponed. Carried Unanimously 8:54 P. M. Article 8. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:54 P. M. Article 9. VOTED: To appropriate $35,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of $7,243.00 from the Overlay Reserve Fund and by raising the balance of $27,757.00 in the current tax levy. Carried Unanimously 8:55 P. M. Article 10. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1961. Carried Unanimously 8:55 P. M. Article 11. VOTED: That the Selectmen be and they hereby are auth- orized to join in the name and on behalf of the Town a proposed league of Massachusetts municipalities and that the sum of $500.00 be raised and appropriated for dues and expenses in connection therewith. Carried Unanimously 8:57 P. M. Article 12. VOTED: That the sum of $13,073.00 be raised and app- - ropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $16,546.00 be raised and appropriated for pensions for retired members of the Fire Department, and their de- ' pendents, under Chapter 32 of the General Laws. Carried Unanimously 8:58 P. M. Article 13. VOTED: That the Selectmen be and they hereby are author- ized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 8:59 P. M. Article 14. VOTED: That the Selectmen be and they hereby are author- ized to sell and convey at any time on or before March 15, 1962 the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper. Carried Unanimously 8:59 P. M. Article 15. VOTED: That the Selectmen be and they hereby are author- ized to purchase business machines and to appropriate therefor the sum of $20,000.00 and to provide for payment by transfer from theExcessand Deficiency Account. Carried Unanimously 9 P. M. Article 16. VOTED: That the Selectmen be and they hereby are auth- orized to install water mains not less than six inches but less than sixteen inchesdiameter in di meter in .such accepted or unaccepted 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 for such installation and land acquisition the sum of $10,600.00, and to provide for payment thereof by transfer from the Water Department Available Surplus. Carried Unanimously 9 P. M. Article 17. VOTED: That the Selectmen be and they hereby are auth- orized to install sewer-mains, subject to the assessment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $334,100.00 and that payment be provided by the , transfer of $56,900.00 from the Sewer Assessment Fund, the transferof $257,200.00 from the Excess and Deficiency Account and the balance of $20,000.00 to be transferred from the unexpended balanceof the appropriation for the installation of sewer mains voted under Article 14 of the Warrant for the 1960 Annual Town Meeting. Carried Unanimously 9:02 P. M. Article 18. VOTED: That the Selectmen be and they hereby are auth- orized to install a sewer main or mains in such locations as the Selectmen may determine from the vicinity of Justin Street to Burlington Street and also to the vicinity of Turning Mill Road, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment there- of and addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $214.6,000.00, and to provide for payment thereof by the transfer of $20,000.00 from the Excess and Deficiency Account, by raising $101,000.00 in the current tax levy and the balance of 12 5,000.00 to be transferred from the unexpended balance of the appropriation for the installation of a sewer main from the westerly side of the State Highway, Route 128, to the vicinity of Westview Street voted under Article 14 of the Warrant for the 1959 Annual Town Meeting. Carried Unanimously 9:03 P. M. Article 19. VOTED:- That the Selectmen be and they hereby are auth- orized to retain engineering services and prepare plans for the installation of -a sewer main or mains from Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area; and to raise and appropriate therefor the sum of $20,000.00. Carried Unanimously 9:03 P. M. Article 20. VOTED: That the Selectmen be and they hereby are authorized to retain engineering services to make a study of the Town's sewerage system and its future needs; and to raise and appropriate therefor the sum of $10,000.00. Carried Unanimously 9:04 P. M. Article 21. VOTED: That this article be indefinitely postponed. Carried Unanimously 9:04 P. M. Article 22. VOTED: That the sum of $4,500.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 9:05 P. M. Article 23. VOTED: That the sum of $47,400.00 be appropriated for the construction of all or any part of Concord Avenue and the resurfacing of all or any part of Winchester Drive, or either of them, under Chapter 90 highway construction and that payment be provided by the transfer of 127,400.00 from the Excess and Deficiency Account and the balance of $20,000.00 to be raised in the current tax levy. Carried Unanimously 9:14 P. M. Article 24. VOTED: That this article be indefinitely postponed. Carried Unanimously 9:15 P. M. Article 25. VOTED: To appropriate the sum of $330,000.00 for the original construction of Worthen Road from Massachusetts Avenue to Waltham Street, heretofore established as a town way, of which $20,000.00 is to be raised in the current tax levy and the balance of $310,000.00 is to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Sel- ectmen, be and he hereby is authorized to borrow the sum of $310,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the prov- isions of Chapter of the General Laws, as amended, within a period not exceeding ten years. Slides shown. 5 Minute Recess. 9:35 P. M. Thomas Gibian moves for indefinite postponement. Indefinite postponement lost by voice vote. 9:55 P. M. Standing vote taken as follows: In Favor Tellers Opposed 28 Gordon E. Steele 5 79 Milton F. Hodgdon �3 22 Ralph H. Tucker 9 129 37 Carried 10:18 P. M. Article 26. VOTED: That the Selectmen be and they hereby are auth- orized to settle the claim against the Town by Alice P. Hagerty for damages arising out of the taking by eminent domain for the establishment and construction of Worthen Road of the land and buildings thereon situated at 6 Lincoln Street, Lexington, and to raise and appropriate therefor the sum of 523,500.00 which sum is to be used in addition to and in conjunction with the money approp- riated in the vote adopted under Article 2 of the warrant for the Special Town Meeting held on November 28, 1960. Carried Unanimously 10:20 P. M. 226 Article 27. VOTED: That the Selectmen be and hereby are authorized in the name and on behalf of the Town to convey to the Josiah Willard Hayden Recreation Centre, Inc. , a7 Massachusetts charitable corporation, two parcels of land, which abut upon land of said corporation, sub- stantially as shown and marked parcels A and B on plan entitled "Plan of Land Lexington, Mass." dated February 8, 1961, John J. Carroll, Town Engineer, a copy of which plan is on file in the office of the Town Engineer, such conveyance to be in consideration of the conveyance by said corporation to the Town of six parcels of land sub- stantially as shown and .;marked parcels C, D, E, F, G and H on said plan, and the release by said corporation to the Town of all claims for damages arising from the taking by the Town of rights and easements in connection with the establishment as a town way of Worthen Road from Massachusetts Avenue to Waltham Street, said taking having been made by orderof the Board of Selectmen dated December 19, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9740, Page 554. Carried Unanimously 10:21 P. M. Article 28. VOTED: That the Selectmen be and they hereby are auth- orized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one half of the cost, or otherwise, and to appropriate therefor the sum of $50,000.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 10:22 P. M. Article 29. VOTED: That the Selectmen be and they hereby are auth- orized to install curbings at such locations as they may determine, and to raise and appropriate therefor the sum of $5,000.00. Carried Unanimously 10:22 P. M. Article 30. VOTED: That the sum of $7,000.00 be raised and appropriated for the improvement of lowlands and swamps in theeradicationof mosquitoes, under Section 4 A of Chapter 252 of the General Laws. Carried Unanimously 10:23 P. M. Article 31. VOTED: That the Selectmen be and they hereby are auth- orized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, 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 for such installation and land acquisition the sum of 554,000.00 and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 10:24 P. M. Article 32. VOTED: To appropriate the sum of $42,100.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works and to provide for payment thereof by transfer from the Road Machinery Fund. Carried Unanimously 10:25 P. M. Norman T. May moves that meeting be adjourned to Monday, March 27,. 1961 at 8 P. M. Lost by voice vote. 10:25 P. M. Article 33. VOTED: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Department of Public Works when used on various projects carried on under the direction of said Department or other Departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 10:27 P. M. 22 Article 34. VOTED: That the Selectmen be and they hereby are authorized to construct an off-street parking area on all or any part of the land situated on Meriam Street and abutting the Boston & Maine Railroad that was acquired for an off-street parking area in 1960 and to raise and .appropriate therefor the sum of $14,000.00. Carried Unanimously 10:28 P. M.- Article 35. VOTED: To establish as a town way and accept the layout of as a town way, Station- Way from Edison Way northeasterly to the municipal parking area, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate for land acquisition and construction the sum of $12,500.00. Richard H. Soule presents Planning Board Report covering Article 35 which was accepted and placed on file. 10:30 P. M. Amendment offered by Allan Green. 10:35 P. M. James F. Flynn moves for indefinite postponement. 10:35 P. M. Amendment offered by Mr. Green voted on and delcared lost by voice vote. 10:39 P. M. Indefinite postponement voted on and declared .carried by voice vote. 10:40 P. M. Alfred P. Tropeano moves for reconsideration of indefinite postponement of Article 35. 10:40 P. M. Mr. Tropeano asks to have Article 35 laid on the table. Reconsideration lost. 10:41 P. M. Ruth Morey moves that meeting be adjourned until Monday, March 27, 1961 at 8 P. M. Carried Unanimously 10:1!2 P. M. 111 '// `''own Clerk 2 ' 8 ADJOURNED TOWN MEETING HELD MARCH 27, 1961 Meeting called to order by the Moderator Pro-tem, Judge Joseph R. Cotton at 8:03 P. M. There were 174 Town Meeting Members present. Invocation offered by Rev. Landon Lindsay at 8:03 P. M. Article 2. Report of Standing School Building Committee presented by Austin W. Fisher, Jr. which was voted to be received and placed on file. 8:04 P. M. Article 36. Presented by Ruth Morey. VOTED: That the Selectmen be and they hereby are auth- orized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1962 Annual Town Meeting. Carried Unanimously 8:04. P. M. Article 37. VOTED: That the Selectmen be and they hereby are auth- orized to purchase, take by eminent domain or otherwise Presented acquire the rights and easements to erect and maintain by poles and wires in Jean Road and Morgan Road from the Ruth intersection of those roads to land of the Town abutting Morey - on Morgan Road for the purpose of bringing electric power and communication wires to the civil defense radio trans- mitter situated on said Town land, and to raise and app- ropriate the sum of S100.00 for such acquisition. Carried. Unanimously 8:05 P. M. Article 38. Presented by Ruth Morey. VOTED; That the Selectmen be and they hereby are auth- orized to abandon such part of the easement for all public purposes in Lot A on plan entitled Plan of Land Lexington, Mass." dated December 19, 1960, John J. Carroll, Town Engineer, recorded in Middlesex South Dist- rict Registry of Deeds as Plan No. 312 of 1961, a copy of which is on_ file in the office of the Town Engineer, as is no longer required by the Town, said easement haying been granted to the Town by Newton V. Crandall and Josephine P. Crandall by instrument dated. February 7, 1949 and recorded in said Deeds, Book 74.10, Page 203; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 8:07 P. M. Article 39. Presented by Ruth Morey. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:07 P. M. Article 40. Presented by Robert E. Meyer. VOTED: That the Planning Board be and hereby is author- ized_to obtain options for_ land or rights therein that it desires to recommend be acquired by the Town as locations for future streets or for playground and recreational purposes and that the Selectmen be and hereby are auth- orized on behalf of the Town to acquire by purchase, eminent domain or otherwise, such lands or rights therein for such purposes as are or may be included in options obtained by the Planning Board; and to raise and app- ropriate therefor the sum of $3,000.00 to be used in conjunction with and in addition to funds already app- ropriated for such options and land acquisition. Voice vote not unanimous so standing vote taken as follows: C 9O Article 40. In Favor Tellers Opposed ( Cont.) 23 Donald P. Noyes 3 83 (James C. Shaw ) 0 29 (Donald J. Shaw) Gordon E. Steele 1 135 4 Carried 8:12 P. M. Article 41. Presented by Harvey F. Winlock. VOTED: That the sum of $4,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 8:12 P. M. Article 42. Presented by William I. Burnham. VOTED: That the Board of Assessors be and hereby is authorized to contract for an expert appraisal of the taxable real estate in the Town at a total sum not to exceed $81,500.00, with payment to be extended over a three-year period, and to appropriate therefor the sum of $30,000.00 and provide for payment by transfer from the, Excess and Deficiency Account. Permission granted Edward B. Cass to address ' the meeting. No objections. 8:12 P. M. Slides shown by Mr. Cass. 8:32 P. M. Norman J. Richards speaks for the majority of the Board of Selectmen who are opposed to the re-valuation. Mr. Richards moves that this article be indefinitely postponed. 8:37 P. M. Indefinite Postponement voted on and declared lost by voice vote. 8:52 P. M. Lincoln P. Cole, Jr. speaks for the_ minority of the Board of Selectmen who are in favor of the re-valuation. A representative of an appraisal company gives explana- tions. Voice vote on main motion as presented doubted, so standing vote taken as follows: In Favor Tellers Opposed 17 Donald P. Noyes 17 63 (James C. Shaw ) 34 (Donald J. Shaw) _ Gordon E. Steele 10 103 61 Carried 9:04 P. M. Article 43. Presented by J. Harper Blaisdell, Jr. VOTED: To appropriate to the Stabilization Fund, established under Section 5 B of Chapter 40 of the General Laws, as amended, and created by vote adopted under Article 49 of the 1960 Annual Town Meeting, the sum of $55,000.00 and that payment be provided by the transfer of $50,000.00 from the Excess and Deficiency Account, and by raising the balance of $5,000.00 in the current tax levy. Carried Unanimously 9:06 P. M. Article 44. Presented by Austin W. Fisher, Jr. Z-1 VOTED: To raise and appropriate as a supplementary appropriation' the sum of $17,000.00for the expenses of the Standing School Building Committee in preparing preliminary plans, specifications and cost estimates for the construction of a new secondary school building on land in the vicinity of the senior high school, said supplementary appropriation to be used in addition to and in conjunction with the sum of $10,000.00- appropriated in the vote adopted under Article 4. of the Warrant for the Special Town Meeting held on November 28, 1960. Carried 9:25 P. M. Article 45. Presented by Donald T. Clarke. VOTED: That the Standing School Building Committee be and hereby is authorized on behalf of- the Town to retain professional services and prepare preliminary plans, specifications and cost estimates for the construction of a new elementary school building on the parcel of land situated on the southwesterly side of Middleby Road that was acquired for school and other public purposes in 1958; and that the sum of $15,000.00 be appropriated therefor and be raised in the current tax levy. - Carried 9:27 P. M. Article 46. Presented by Ruth Morey. VOTED: -That this article ,be indefinitely postponed. Carried Unanimously 9:28 P. M. Article 47. Presented by Ruth Morey. VOTED: To amend the General By-Laws by adding thereto a new article to read' as follows: ARTICLE XXXI GAS INSPECTOR Section 1. The Board of Selectmen shall appoint annually - in April an inspector of- gas piping and gas appliances in buildings to be known- as the Gas Inspector, 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. His compensation shall be established by the Board of Selectmen. 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. .The Board of Selectmen may at any time appoint, for such terms as they may determine, one or more assist- ant gas inspectors 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 hereinabove 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 furn- ishing 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, the Board of Selectmen shall designate an assistant gas inspector or shall appoint a disinterested .4101 Article 47. substitute gas inspector to act therein, with, all the ( Cont. ) powers and duties of the Gas Inspector; and the com- pensation paid to such assistant or substitute in such case shall be deducted from the salary of the Gas Inspector. Carried Unanimously 9:32 P. M. Article 48. Presented by Richard H. Soule. VOTED: To amend Section 14, Board of Appeals, of the Zoning By-Law by striking out. the word "five" in the second sentence in the first paragraph and inserting in place thereof the word "six" so that said paragraph will read as follows: The Selectmen shall also appoint six associate members of the Board of Appeals, and in the case of a vacancy, absence, inability to act or interest on the part of a member of said Board, his place may be taken by an associate member designated as provided in General 'Laws, Chapter 40 A, Section 14, and any amendments thereto. • 9:34 P. M. Mr. Soule reads the report of the Planning Board on this article which was accepted and placed on file. 9:34 P. M. Carried Unanimously 9:35 P. M. Article 49. Presented by Richard H. Soule. VOTED: To amend the Zoning By-Law so as to change certain land from an A 1 - Garden apartment and hotel district to an R 1 - One family dwelling district by adding at the end of paragraph numbered 4 in Section 4 (g) A 1 - Garden apartment and hotel districts, the following: • There is excepted from the foregoing, however, the land situated northerly of Worthen Road as shown on . plan entitled "Vine Brook Meadows Section Two Lex- ington, Mass." _dated. June 12, 1960, Albert A. Miller- Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 209 of 1961, Book 9762, Page 142 and filed in the Land Registration Office as Plan No. 27677 D.' 9:36 P. M. Mr. Soule reads report of the Planning Board on this article which was accepted and placed on file. 9:36 P. M. Carried Unanimously 9:46 P. M. Article 50. Presented by Richard H. Soule. MOTION: To amend the Zoning By-Law so as to change certain land from an M 1 - Light manufacturing district . to a C 3 - Special commercial district, as follows: 1. By striking out paragraphs numbered 1 and 2 in Section 4 (2) M 1 - Light..manufacturing districts; and 2. By adding in Section 4 (h) C 3 - Special commer- cial districts the following two paragraphs: 3. A district 1,200 feet wide on the northeasterly side of the railroad right of way extending from `,the northwesterly line of the Northern Circum- ferential Highway-- (Route 128) to- the southeasterly line of Westview Street. 4. A district 2,440 feet wide on the southwesterly side of the railroad right of way extending from the 232 Article 50. northwesterly line of the Northern Circumferential ( Cont.) Highway (Route 128) to the southerly line of Westview F Street and the Lexington-Bedford town line. Richard H. Soule reads report of the Planning Board, accepted, placed on file. Charles H. Cole 2nd moves for indefinite postponement. 9:58 P. M. Voice voteon indefinite postponement doubted so standing vote taken as follows: In Favor Tellers Opposed 18 Donald P. Noyes 13 36 (James C. Shaw ) 53 (Donald J. Shaw) 11 Gordon E. Steele 20 65 86 Indefinite postponement declared lost. 10:28 P.M. Standing vote on main motion as follows: In Favor Tellers Opposed 1L. Donald P. Noyes 17 58 -(Jaynes C. Shaw ) 35 (Donald J. Shaw0 19 Gordon E. Steele 91 66 Not a two-thirds vote. Declared Lost 10:32 P. M. Raymond J. Culler moves that meeting be adjourned to Monday, April 3, 1961 at 8 P. M. 10:32 P. M. Ruth Morey states that if meeting be adjourned, it would be better to adjourn until Thursday, March 30, 1961, so that all business would be finished in the month of March. Moderator Pro-tem, Cotton, declares a recess for five minutes. 10:39 'P. M. Meeting called to order again. Article 51. Presented by Richard H. Soule. VOTED: To amend the Zoning By-Law so as to increase the minimum parking requirements in_ C 1 - Local business districts by striking out subparagraph b in Section 8 (b) C 1 districts, and inserting in place thereof the following: b. For each permitted principal and accessory building, other than principal buildings permitted in an R 1 or R 2 district, a parking area on the lot containing not less than one parking space, as hereinafter defined, for each 100 square feet or fraction thereof of floor area in said buildings. Aa used herein the term 'parking space" shall mean an area available for parking one motor vehicle and having a width of not less than 10 feet and an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto, and with free and unimpeded access to a street over unobstructed passageways or driveways. Loading areas shall not be considered to be part of the parking area. The term "floor area", as used herein, shall mean the aggregate horizontal area in square feet of floors within the walls enclosing the building, exclusive of cellar or basement areas used only for storage or services incidental to the operation or maintenance of the'building. 10:43 P. M. 283 Article 51. Richard H. Soule reads Planning Board Report covering (Cont. ) this article which was accepted and placed on file. 10:43 P. M. Alfred P. Tropeano makes the following amendment: Moved to amend the said Vote by striking "b" paragraph and substituting in lieu thereof the following:- (b) For each permitted principal and accessory building, other than principal buildings permitted in an R1 or R2 District, a parking area on the lot containing not less than one parking space, as hereinafter defined, for each 100 square feet or fraction thereof of floor area in said buildings. As used herein the term "Parking Space" shall mean an area available for parking one motor vehicle and having a width of not less then 81 6" and a depth of not less than 18t and an area of not less than 153 square feet, exclusive of passageways and said passageways shall if the parking is at 90° angle be not less than 241 in width; and if the parking is at 60° angle, aassageway of not less than 181 ; and if parking is at 45`$ angle, a passageway of not less than 121 . Said passageways to be exclusive of driveways appurtenant thereto and with free and unimpeded access to a street over unobstructed passageways or driveways. Loading areas shall not be considered to be part of the parking area. The term "Floor Arsam as used herein, for buildings shall mean the aggregate horizontal area in square feet of floor within the wa37s enclosing the building, exclusive ofcellar or basement areas. 10:45 P. M. Further amendment was made by Mr. Tropeano to his original amendment reading as follows: (to be added at the end of the paragraph) "used only for storage or services incidental to the operation or maintenance of the building." The amendment to Mr. Tropeanots first amendment was carried by voice vote. 10:55 P. M. Mr. Tropeanots original amendment, as amended, was declared lost by voice vote. 10:55 P. M. Standing vote taken on main motion as presented: In Favor Tellers Opposed 28 Donald P. Noyes 0 81 (James C. Shaw ) 1 (Donald J. Shaw) 26 Gordon E. Steele 1 135 1 Carried 10:58 P. M. Norman T. May moves for reconsideration of Article 50. 10:59 P.M. Reconsideration declared lost by voice vote. 10:59 P. M. Article 52. Presented by Ruth Morey. VOTED: To raise and appropriate the sum of $11,300.00 for the construction of portions of Diana Lane and Emerson Road, heretofore established as town ways. Carried Unanimously 11 P. M. Presented by Lincoln P. Cole, Jr. VOTED: That articles 53 to 65 inclusive and articles 68 to 71 inclusive betakenup together. Carried Unanimously 11 P. M. Richard H. Soule reads report of the Planning Board covering Articles 53 to 65 inclusive and articles 68 to 71 Inclusive which was received and placed on file. 11:01 P. M. 234 Article 53. VOTED: To establish as a town way; and accept the layout of as a town way, Hathaway Road from Adams Street a distance of 2504 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:01 P. M. Article 54. VOTED: To establish as a town way, and accept the layout of as a town way, Brent Road from Hathaway Road a distance of 595 feet, more or less, northeasterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to auth- orize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:01 P. M. Article 55. VOTED: To establish as a town way, and accept the lay- out of as a town way, Sedge Road from Hathaway Road a distance of 295 feet, more or less, westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:02 P. M. Article 56. VOTED: To establish as atown way, and accept the lay- out of as a town way, Blueberry Lane from Tyler Road to Tyler Road a distance of2143feet, more or less, westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary there- for. Carried Unanimously 11:03 P. M. Article 57. VOTED: To establish as a town way, and accept the lay- out of as a town way, Baskin Road from Worthen Road a distance of 2120 'feet, more or less, northerly and westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:03 P. M. Article 58. VOTED: To establish as a town way, and accept the lay- out of as a town way, Loring Road from Baskin Road a distance of 1152 feet, more or less, southerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:04 P. M. Article 59. VOTED: To establish as a town way, and accept the lay- out of as a town way, Outlook Drive from Loring Road a distance of 352 feet, more or less, westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest- in land necessary therefor. Carried Unanimously 11:05 P. M. Article 60. VOTED: To establish as a town way, and accept the lay- out of as a town way, Ledgelawn Avenue from Revere Street to previously accepted section a distance of 796 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:05 P. M. Article 61. VOTED: To establish as a town way, and accept the lay- out of as a town way, Liberty Avenue from Revere Street to previously accepted section a distance of 880 feet, more or less, northwesterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:06 P. M. Article 62. VOTED: To establish, as a town way, and accept the lay- out of as a town way, Hartwell Avenue from Wood Street to Bedford Street a distance of 6675 feet, more or less, northeasterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. carried Unanimously 11:06 P. M. Article 63. VOTED: To establish as a town way, and accept the lay- out of as a town way, Hinchey Road from Hartwal Avenue a distance of 600 feet, more or less, southeasterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:07 P. M. Article 6L.. VOTED: To establish as a town way, and accept the lay- out of as a town way, Westview Street from Hartwell Avenue to the previously accepted part of Westview Street a distance of 383 feet, more or less, northwesterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:08 P. M. Article 65. VOTED: To establish as a town way, and accept the lay- out of as a town way, Maguire Road from Hartwell Avenue to the Bedford Town Line a distance of 1535 feet, more or less, northwesterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:08 P. M. Article 68. VOTED: To establish as a town way, and accept the lay- out of as a town way, Gould Road from Dewey Road to Turning Mill Road a distance of 512 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:09 P. M. 236 Article 69. VOTED: To establish as a town way, and accept the lay- L711 out of as a town way, Deuar Road from Turning Mill Road (-1 to previously acceptedsection a distance of 493 feet, more or less, southwesterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:09 P. M. Article 70. VOTED: To establish as a town way, and accept the lay- out of as a town way, Turning Mill Road from Gould Road a distance of 3032 feet, more or less, northeasterly as laid out by the Selectmen and shown upon a plan on file I I in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:09 P. M. Article 71. VOTED: To establish as a town way, and accept the lay- out of as a town way, Grimes Road from Turning Mill Road a distance of 330 feet, more or less, easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the. Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:09 P. M. VOTED: To raise and appropriate the sum of $1,000.00 for land acquisition and for construction of the ways enumerated in articles 53 to 65 inclusive, and in articles 68 to 71 inclusive. Carried Unanimously 11:10 P. M. Article 66. VOTED: That this article be indefinitely postponed. Carried Unanimously 11:10 P. M. Article 67. VOTED: That this article be indefinitely postponed. Carried Unanimously 11:10 P. M. Presented VOTED: That articles 72 to 80 inclusive be taken up by together. Lincoln P. Carried Unanimously 11:11 P. M. Cole, Jr. Richard H. Soule reads Report of the Planning Board covering. Articles 72 to 80 inclusive which was accepted and placed on file. 11:11 P. II. Article 72. VOTED: To establish as a town way, and accept the lay- out of as a town way, Balfour Street from Asbury Street to Cedar Street a distance of 960 feet, more or less, easterly, as laid out by the Selectmen under the Better- ment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:11 P. M. Article 73. VOTED: To establish as a town way, and accept the lay- out of as a 'town way, Hamblen Street from Bellflower Street to Cedar Street a distance of 610 feet, more or less, northeasterly, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in necessary therefor. Carried Unanimously 11:12 P. M. 297 Article 74. VOTED: To establish as a town way, and accept the lay- out of as a town way, Young Street from Webb Street to Third Street a distance of 850 feet, more or less, easterly, as laid out by the Selectmen under the Better- ment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:12 P. M. Article 75. VOTED: To establish as a town way, and accept the lay- out of as a town way, Rawson Avenue from Albemarle Avenue to beyond Rindge Avenue a distance of 524 feet, more or less, easterly, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:12 P. M. Article 76. VOTED: To establish as a town way, and accept the lay- out of as a town way, Tucker Avenue from Baker Avenue to Chase Avenue a distance of 160 feet, more, or less, south- easterly, as laid out by the Selectmen under the Better- mdnt Act and shown upon a plan on file in the office of :the Town Clerk, dated January 19, 1961, and to author- ize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:13 P. M. Article 77. VOTED: To establish as a town way, and accept the lay- out of as a town way, Oxford Street from Theresa Avenue a distance of 270 feet, more or less, southerly, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the/office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:14 P. M. Article 78. VOTED: To establish as a town way, and accept the lay- out of as a town way, Tarbell Avenue from Taft Avenue to Tucker Avenue a distance of 455 feet, more or less, southwesterly, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:15 P. M. Article 79. VOTED: To establish as a town way, and accept the lay- out of as a town way, Bellflower Street from Balfour Street to Homestead Street a distance, of 780 feet, more or less, northwesterly, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:15 P. M. Article 80. VOTED: To establish as a town way, and accept the lay- out of as a town way, Chase Avenue from Bennett Avenue to Tucker Avenue a distance of 500 feet, more or less, northeasterly, aslaid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1961, and to author- ize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 11:15 P. M. 238 Pn VOTED: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 72 to 80 inclusive the sum of $130,000.00. 1 r Carried Unanimously 11:16 P. M. A motion made by James M. West, which was unanimously voted, . that Charles E. Ferguson be notified by the Town Clerk that he was missed as Moderator and the best wishes of the Town Meeting Members be extended to him; also that a good job had been done by Judge Joseph R. Cotton, Moderator Pro-tam. 11:16 P. M. Article 82. Presented by Alan G. Adams. VOTED: That this article be indefinitely -postponed. Carried Unanimously 11:17 P. M. Article 83. Presented by Alan G. Adams. VOTED: To amend the General By-Laws by adding thereto a new section under Article XXII, Removal of Snow and Ice, to read as follows: . Section 2. No person shall lay, throw, or place, or cause to be placed, any ice or snow on that portion of any street or sidewalk within the Town which has been cleared or plowed for travel. Carried 11:22 P. M. Ruth Morey moves that meeting be dissolved. Carried Unanimously 11:23 P. M. 44wn Clerk ATTORNEY GENERAL'S APPROVAL OF ARTICLE 47 AS PASSED AT THE 2f,09 ADJOURNED TOWN MEETING HELD MARCH 27, 1961. ARTICLE 47 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961 Article 47. Presented by Ruth Morey. VOTED: To amend the General By-Laws by adding thereto a new article to read as follows: ARTICLE XXXI GAS INSPECTOR Section 1. The Board of Selectmen shall appoint annually in April an inspector of gas piping and gas appliances in buildings to be known as the Gas Inspector, 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. His compensation shall be established by the Board of Selectmen. 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. The Board of Selectmen may at any time appoint, for such terms as they may determine, one or more assistant gas inspectors 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 hereinabove 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, the Board of Selectmen shall designate an assistant gas inspector or shall appoint a disinterested substitute gas inspector to act therein, with all the powers and duties of the Gas Inspector; and the compensation paid to such assistant or substitute in such case shall be deducted from the salary of the Gas Inspector. Carried Unanimously 9:32 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 11, 1961 I, James J. Carroll, Town Clerk of the Tom of Lexington, do hereby certify the above to be a true and exact copy of Article 47 as passed at the Adjourned Town Meeting held March 27, 1961 and as same appears on record. MM /Signed/ James J. Carroll Town Clerk Boston, Mass. May 11, 1961 The foregoing amendment to by-laws is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General 240 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 48 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961 ARTICLE 48 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961 Article 48. Presented by Richard H. Soule. VOTED: To amend Section 14, Board of Appeals, of the Zoning By-Law by striking out the word "five" in the second sentence in the first paragraph and inserting in place thereof the word "six" so that said paragraph will read as follows: The Selectmen shall also appoint six associate members of the Board of Appeals, and in the case of a vacancy, absence, inability to act or interest on the part of a memberof said Board, his place may be taken by an associate member designated as provided in General Laws, Chapter 40 A, Section 14, and any amendments thereto. 9:34 P. M. Mr. Soule reads the report of the Planning Board on this article which was accepted and placed on file. 9:34 P. M. Carried Unanimously 9:35 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 11, 1961 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 48 as passed at the Adjourned Town Meeting held March 27, 1961 and as same appears on record. MM /Signed/ James J. Carroll Town Clerk Boston, Mass. May 11, 1961 The foregoing amendment to Zoning By-Law hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General ATTORNEY GENERAL'S APPROVAL OF ARTICLE 49 AS PASSED AT ` kir: ADJOURNED TOWN MEETING HELD MARCH 27, 1961 ARTICLE 49 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27,1961 Article 49. Presented by Richard H. Soule . VOTED: To amend the Zoning By-Law so as to change certain land from an A 1 - Garden apartment and hotel district to an R 1 - One family dwelling district by adding at the end of paragraph numbered 4 in Section 4 (g) A 1 - Garden • apartment and hotel districts, the following: There is excepted from the foregoing, however, the land situated northerly of Worthen Road as shown on plan entitled "Vine Brook Meadows Section Two Lex- ington, Mass."dated June 12, 1960, Albert A. Miller- Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 209 of 1961, Book 9762, Page 142 and filed in the Land Registration Office as Plan No. 27677 D. 9:36 P. M. 241.. ATTORNEY GENERAL'S APPROVAL OF ARTICLE 49 (CONT. ) Article 49. Mr. Soule reads report of the Planning Board on this ( Cont.) article which was accepted and placed on file. 9:36 P. M. Carried Unanimously 9:46 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 11, 1961 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 49 as passed at the Adjourned Town Meeting held March 27, 1961 and as same appears on record. MM /Signed/ James J. Carroll Town Clerk Boston, Mass. May 11, 1961 The foregoing amendment to zoning by-law is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General ATTORNEY GENERAL t S APPROVAL OF ARTICLE 51 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961 ARTICLE 51 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27,1961 Article 51. Presented by Richard H. Soule. I _ VOTED: To amend the Zoning By-Law so as to increase the minimum parking requirements in C 1 - Local business districts by striking out subparagraph b in Section 8 (b) C 1 districts, and inserting in place thereof the following: b. For each permitted principal and accessory building, other than principal buildings permitted in an R 1 or R 2 district, a parking area on the lot containing not less than one parking space, as hereinafter defined, for each 100 square feet or fraction thereof of floor area in said buildings. As used herein the term "parking space" . shall mean an area available for parking one motor vehicle and having a width of not less than 10 feet and an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto, and with free and unimpeded access to a street over unobstructed passageways or driveways. Loading areas shall not be considered to be part of the parking area. The term "floor area", as used herein, shall mean the aggregate horizontal area in square feet of floors within the walls enclosing the building, exclusive of cellar or basement areas used only for storage or services incidental to the operation or maintenance of the building. 10:43 P. M. Richard H. Soule reads Planning Board Report covering this article which was accepted and placed on file. 10:43 P. M. 242 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 51 (CONT. ) 1-71 Article 51. Alfred P. Tropeano makes the following amendment: (" ( Cont. Moved to amend the said Vote by striking "b" paragraph and substituting in lieu thereof the following:- ( b) For each permitted principal and accessory building, other than principal buildings permitted in an R1 or R2 District, a parking area on the lot containing not less than one parking space, as hereinafter defined, for each 100 square feet or fraction thereof of floor area in said buildings. As used herein the term "Parking Space" shall mean an area available for parking one motor vehicle and having a width of not less than 8' 6" and a depth of not less than 18' and an area of not less than 153 . square feet, exclusive of passageways and said passageways shall if the parking is at 900 angle be not less than 24' in width; and if the parking is at 600 angle, a passageway of not less than 18' ; and if parking is at 45 angle, a passageway of not less than 12' . Said passageways to be exclusive of driveways appurtenant thereto and with free and ' .unimpeded access to a street over unobstructed passageways or -driveways. Loading areas shall not be considered to be part of the parking area. The term "Floor Area" as used herein, for buildings shall mean the aggregate horizontal area in square feet of floor within the walls enclosing the building, exclusive of cellar or basement areas. 10:45 P. M. Further amendment was made by Mr. Tropeano to his original amendment reading as follows: ( to be added at the end of the paragraph) "used only for storage or services incidental to the operation or maintenance of the building." The amendment to Mr. Tropeano' s first amendment was. carried by voice vote.- 10:55 P. M. Mr. Tropeano's original amendment, as amended, was declared lost by voice vote. 10:55 P. M. Standing vote taken on main motion as presented: In Favor Tellers Opposed 28 Donald P. Noyes 0 81 (James C. Shaw) 1 (Donald J. Shaw) 26 Gordon E. Steele 0 135 1 Carried 10:58 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 11, 1961 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 51 as passed at the Adjourned Town Meeting held March 27, 1961 and as same appears on record. MM /Signed/ James J. Carroll Town. Clerk Boston, Mass. May 11, 1961 The foregoing amendment to Zoning By-Law is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General 243 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 83 AS PASSED AT THE ADJOURNED TOWN MEETING HELD MARCH 27, 1961 ARTICLE 83 AS PASSED AT THE ADJOURNED TOWN STING HELD MARCH 27, 1961 Article 83. Presented by Alan G. Adams. VOTED: To amend the General By-Laws by adding thereto a new section under Article XXII, Removal of Snow and Ice, to read as follows: Section 2. No person shall lay, throw, or place, or cause to be placed, any ice or snow on that portion of any street or sidewalk within the Town which has been cleared or plowed for travel. Carried 11:22 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , April 11, 1961 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 83 as passed at the Adjourned Town Meeting held March 27,. 1961 and as same appears on record. MM /Signed/ James J. Carroll Town Clerk Boston, Mass. May 11, 1961 The foregoing amendment to by-laws is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General