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HomeMy WebLinkAbout1962-03-19 to 1962-03-26 ATM-min 263 Levi G. Burnell resigned as a Town Meeting Member in Precinct Four as of March 6, 1962. Natalie H. Riffin, 6 Field Road was moved up to fill the vacancy caused by Mr. Burnell' s resignation. Term ends in March, 1963. Norman J. Richards resigned as a Town Meeting Member in Precinct Four as of March 8, 1962. Allan Green, 6 Barberry Road, was moved up to fill the vacancy caused by Mr. Richard' s resignation. Term ends in March, 1963. Otis S. Brown, Jr. resigned as a Town Meeting Member in Precinct Three as of March 13, 1962. William R. Page, 25 Oakland Street, was moved up to fill the vacancy caused by Mr. Brown' s resignation. Term ends in March, 1963. ANNUAL TOWN MEETING HELD MARCH 19, 1962 Meeting called to order by the Moderator, Charles E. Ferguson at 8 P. M. There were 192 Town Meeting Members present. - Invocation offered by Rev. Floyd J. Taylor. 8:01 P. M. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived by the Moderator at 8:01 P. M. Town Clerk, James J. Carroll, read the Constable' s Return. 8:01 P. M. - Article 2. J. Harper Blaisdell, Jr. moves that Appropriation Committee Report be accepted and placed on file. Carried 8:02 P. M. Donald P. Noyes presents report of the Capital Expendi- tures Committee which was voted to be accepted and placed on file. 8:03 P. M. Carried. Alan G. Adams reads Report of the Cary Lectures Committee which was voted to be accepted and placed on file and the committee discharged. Carried 8:05 P. M. Austin W. Fisher, Jr. presents Report of the Standing School Building Committee which was voted to be accepted and placed on file. Carried 8:05 P. M. Martin A. Gilman presents Additional Report of tho Town Celebrations Committee. Carried 8:06 P. M. Robert E. Meyer presents report of the Cary Memorial Library Addition Building Committee which was voted to be accepted, placed on file and the committee discharged. Carried 8:08 P. M. Thornton S. Cody presents Final Report of the Maple Street School Building Committee - Harrington School. Carried 8:11 P. M. 964 Unless otherwise noted, all articles presented by Alan G. Adams, Chairman, Board of Selectmen. J 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 Unanimously 8:12 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 provided by such a transfer. Selectmen' s Department Personal Services $ 20,694.00 Expenses 6,050.00 Printing Town Report 2,700.00 Elections 12,460.0074 Insurance 32,000.00 Group Insurance 50,000.00 8:14 P. M. Town Clerk & Treasurer's Department Personal Services 10,326.00 Expenses 1,450.00 Elections 1,000.00 Vital Statistics 100.00 Parking Meter Maintenance 150.00 ( This amount to be transferred from the Parking Meter Fund) Out-of-State Travel 250.00 Foreclosure and Redemption of Tax Titles 100.00 8:14 P. M. Collector' s Department Personal Services 10,225.00 Expenses 3,200.00 Metered Mail Postage 6,800.00 8:14 P. M. Trustees of Public Trusts Expenses 350.00 8:15 P. M. Accounting Department Personal Services 13,619.00 Expenses 1,500.00 Out-of-State Travel 100.00 8:15 P. M. Assessors' Department Personal Services 19,335.00 Expenses 32,200.00 Out-of-State Travel 100.00 8:15 P. M. Law Department Personal Services 4,000.00 Special Fees 5,000.00 Expenses 3,000.00 8:15 P. M. Appropriation Committee Expenses 3,750.00 8:15 P. M. 265 Article 4. Board of Appeals ( Cont.) Personal Services 1,833.00 Expenses 2,500.00 8:15 P. M. Board of Retirement Accrued Liability 42,990.00 Expenses 350.00 8:15 P. M. Health Department Personal Services 9,810.00 Expenses 8,675.00 Engineering 2,000.00 Animal Inspection - Personal Services 970.00 Rabies Clinic 975.00 Out-of-State Travel 200.00 8:15 P. M. Dental Clinic Personal Services 7,140.00 Expenses 800.00 8:16 P. M. Posture Clinic Personal Services 1,650.00 Expenses 250.00 8: 16 P. M. Veterans' Day Expenses 200.00 8:16 P. M. Memorial Day Expenses 500.00 8:16 P. M. Town Celebrations Committee Expenses 4,500.00 8:16 P. M. Planning Board Personal Services 12,842.00 Expenses 5,800.00 8:17 P. M. Recreation Committee Personal Services 14,799.00 Expenses 5,225.00 8:17 P. M. Board of Registrars Personal Services 3,500.00 Expenses 1,700.00 8:17 P . M. Capital Expenditures Committee Expenses 50.00 8:17 P. M. Historic Districts Commission Expenses 500.00 8:17 P. M. 266 Article 4. Standing School Building Committee ( Cont. ) Expenses $ 750.00 8:17 P. M. Police Department Personal Services 228,478.00 Expenses 21,200.00 Out-of-State Travel 60.00 Parking Meter Maintenance 150.00 (This amount to be transferred from the Parking Meter Fund) 8:17 P. M. Dog Officer Personal Services 550.00 Expenses 680.00 8:17 P. M. Fire Department Personal Services 250,108.00 Expenses 32,800.00 Ambulance Maintenance 500.00 8:18 P. M. Forest Fires Wages & Expenses 8:18 P. M. 500.00 Civil Defense Personal Services 4,600.00 Expenses 7,400.00 Amendment presented by Sumner E. Perlman: "It is recommended that the $4,600.00 expenditure for Personal services be indefinitely t e 1 y p0st o ed " (Amendment to Article 4, Item 27) 8:19 P. M. Indefinite postponement voted on and declared lost by voice vote. 8:21 P. M. Inspection Department Personal Services 17,553.00 Expenses 3,850.00 Out-of-State Travel 125.00 8:21 P. M. Weights & Measures Personal Services 1,437.00 Expenses 545.00 8:22 P. M. Public Works, Superintendent's Office Personal Services 42,667.00 Expenses 1,826.00 Out-of-State Travel 200.00 8:22 P. M. Engineering Department Personal Services 43,855.00 Expenses 2,350.00 8:22 P. M. Town Offices and Cary Memorial Building Personal Services 15,345.00 Wages & Expenses 26,199.00 8:22 P. M. 267 Article L . Rental Properties ( Cont. ) Maintenance 1,000.00 8:22 P. M. Public Works Building Wages & Expenses 40,563.00 8:23 P. M. Highway Maintenance Wages & Expenses 100,948.00 8:23 P. M. Road Machinery Wages & Expenses 38,657.00 8:23 P. M. Snow Removal Wages & Expenses 100,000.00 8:23 P. M. Traffic Regulation and Control Wages & Expenses 12,050.00 8:24 P. N. Street Lights Expenses 63,300.00 8:24 P. M. Street Sires Wages & Expenses 2,500.00 8:24 P. M. Sewer Maintenance Wages & Expenses 28,133.00 8:24 P. M. Sewer Services Wages & Expenses 60,627.00 8:25 P. M. Garbage Collection Expenses 38,000.00 8:25 P. M. Care of Dump and Removal of Ashes • Wages & Expenses 31,100.00 8:25 P. M. Water Maintenance Wages & Expenses 63,765.00 8:25 P. M. Water Services Wages & Expenses 29,980.00 8:25 P. M. Park Maintenance Wages & Expenses 75,393.00 8:25 P. M. 268 Article 4. Insect Suppression (Cont. ) Wages & Expenses 9,500.00 8:25 P. M. Shade Trees Wages & Expenses 25,040.00 ' 8:25 P. M. Dutch Elm Disease Wages & Expenses 16,150.00 - 8:25 P. M. School Operation Personal Services 3,038,621.00 Expenses 593,161.00 Transportation 99,562.00 Out-of-State Travel 5,475.00 Athletics 47,976.00 Vocational Education - Tuition 16,715.00 Adult Education 12,380.00 8:25 P. M. Cary Memorial Library Personal Services 106,644.00 Expenses 40,278.00 (In addition to the amount of $3,154.19 received from the County for Dog Licenses) 8:26 P. M. Public Welfare Personal Services 8,975.00 Administration 625.00 Aid & Expenses 11,000.00 8:26 P. M. Disability Assistance Aid & Expenses 9,000.00 8:26 P. M. Aid to Dependent Children Aid & Expenses 5,000.00 8:26 P. M. Old Age Assistance Aid & Expenses 35,000.00 8:27 P. M. Medical Assistance to the Aged Aid & Expenses 48,000.00 8:27 P. M. Veterans' Services Personal Services 2,704.00 Administration 350.00 Aid & Expenses 9,000.00 Graves Registration 300.00 Soldiers' Burials 250.00 8:27 P. M. 269 Article 4. Cemetery Department ( Cont. ) Personal Services 5,011.00 Wages & Expenses 36,100.00 (Of which $4,000.00 is to be transferred from the Perpetual Care Fund - Westview Cemetery) 8:27 P. M. Payment on Debt Interest 276,000.00 Principal 845,000.00 (Of which S7,000.00 is to be transferred from the Parking Meter Fund) 8:28 P. M. Main motion as presented, carried by voice vote . 8:40 P. M. Article 5. 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 $3,963.00 Town Treasurer 3,963.00 Town Collector of Taxes 6,838.00 the increase over the rates established last year to become effective April 1, 1962, and to raise and appropriate therefor the sum of $14,661.00. 8:42 P. M. Amendment offered by James Cataldo: MOTION: Town Clerk under Art. 5 receive $5,000. annually, retroactive to January 1, 1962. Town Treasurer under Art. 5 receive S5,000. annually, retroactive to January 1, 1962. 8:44 P. M. Voice vote doubted, so standing votetaken as follows: In Favor Tellers Opposed 16 Frederick E. Tucker 18 18 Ernest A. Giroux 86 2 Donald P. Noyes 30 36 134 Amendment Lost, 8:52 P. M. Main motion as presented carried. 8:52 P. M. Article 6. 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, 1963, 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 )111 of the General Laws. Carried Unanimously 8:53 P. M. Article 7. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:54 P. M. Article 8. VOTED: To raise and appropriate for an unpaid bill for prior years of the following: Board of Registrars - Expenses Hancock Press $72.50 Carried Unanimously 8:54P. M. 270 Article 9. VOTED: To appropriate $35,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of $4,500.00 from the Overlay Reserve Fund and by , L raising the balance of $30,500.00 in the current tax levy. Carried Unanimously 8:54 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 1962. Carried Unanimously 8:55 P. M. Article 11. VOMD: That the sum of $18,273.00 be raised and approp- riated 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 dependents, under Chapter 32 of the General Laws. Carried Unanimously 8:55 P. M. Article 12. VOTED: That the Selectmen be and they hereby are auth- orized 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 8:55 P. M. Article 13. VOTED: That the Selectmen be and they hereby are auth- orized to sell and convey at any time on or before March 15, 1963 the land on Meriam. Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper. Carried Unanimously 8:55 P. M. Article 14.. VOTED: That the Selectmen be and they hereby are auth- orized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments purchase or otherwise iacquire any tfee,beasement y tdomain, or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $46,200.00, and to provide for payment thereof by trans- fer from the Water Department Available Surplus. Carried Unanimously 8:56 P. M. Article 15. 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 unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such in- stallation and land acquisition the sum of 5282,940.00 and that payment be provided by the transfer of $55,200.00 from the Sewer Assessment Fond and the balance of $227,740.00 to be raised in the current tax levy. Carried Unanimously 8:56 P. M. Article 16. 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 Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area and also to the westerly side of the Pollen Hill and adjacent areas, subject to the assessment of betterments or otherwise, 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 su�-n of $584,000.00 and to provide for payment thereof by the transfer of $33,816.37 from the unexpended balance of the appropriationfor the install- ation of sewer mains voted under Article 14 of the Article 16. warrant for the 1959 Annual Town Meeting, by raising ( Cont. ) $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or. notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is author- ized to borrow the sum of $500,000.00 and to issue bonds or notes of the Town therefor, to be payable in accord- ancewith the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years. Carried Unanimously 8:59 P. M. Article 17. 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 accord- ance 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 555,400.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9 P. M. Article 18. 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 9 P. M. Article 19. VOT D: That the Selectmen be and they hereby are authorized to install curbings at such locations as they may determine, and to appropriate therefor the sum of $5,000 and provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 9:01 P. M. Article 20. VOTED: That the sum of $4,.500 .00 be raised and appropriated for Chapter. 90 highway maintenance. Carried Unanimously 9:01 P. M. Article 21. VOTED: That the sum of $55,000.00 be raised and appro- priated for widening and constructing Concord Avenue from near Blossom Street to Waltham Street under Chapter 90 construction. Carried Unanimously 9:01 P. M. Article 22. VOTED: That the sum of $30,000.00 be appropriated for construction with permanent pavement of Burlington Street from North Hancock Street to Grove Street and that payment be provided by the transfer of $30,000.00 from the Stabilization Fund. Carried Unanimously 9:02 P. M. Article 23. VOTED: To appropriate the sum of 550,000.00 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 9:03 P. M. Article 24. 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 Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other Departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:04 P. M. 272 Article 25. VOTED: That this article be indefinitely postponed. L1; Carried Unanimously 9:04 P. M. Article 26. 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 1963 Annual Town Meeting. Carried Unanimously 9:05 P. M. Article 27. VOTED: That this article be indefinitely postponed. Carried Unanimously 9:05 P. M. Article 28. VOTED: To raise and appropriate the sum of $2900.00 for the purchase of an additional cruiser with radio for the Police Department. Carried Unanimously 9:06 P. M. Article 29. VOTED: That to provide access from Hartwell Avenue to the land situated southerly of Hartwell Avenue and westerly of the Boston and Maine Railroad that was acquired by the Town for a refuse disposal site in January 1962, the Selectmen be and hereby are authorized in the name and on behalf of the Town to purchase, take by eminent ,domain, or otherwise acquire any fee, easement or other interest in land necessary therefor in land abutting on Hartwell Avenue and on said refuse disposal site; and to raise and appropriate for such land acqui- sition the sum of $6,000. Carried Unanimously 9:08 P. M. Article 30. VOTED: That the sum of $45,580.00 be appropriated to prepare for refuse disposal use the parcel of land situated southerly of Hartwell Avenue and westerly of the Boston and Maine Railroad that was acquired by the Town for a refuse disposal site in January 1962, and to construct access thereto from Hartwell Avenue, and that payment be provided by transfer from the Excess and Deficiency Account. - Carried Unanimously 9:10 P. M. Article 31 . VOTED: That the Selectmen be and they hereby are authorized to accept on behalf of the Town from Rog er B. Tyler and Albert B. Wolfe as trustees for the benefit of Richard L. Tower and Betsy Clarke Tower and others a grant of the fee or other interests in any or all of the streets, or portions thereof, int he Follen Hill area. Carried Unanimously 9:10 P. M. Article 32. VOTED: That this article be indefinitely postponed. Carried Unanimously 9:10 P. M. Article 33. VOTED: That the Selectmen be they hereby are authorized to abandon such portion of the water line easements in land on Lincoln Street now owned by Temple Isaiah, Inc. , as is no longer needed by the Town; that the minimum amount to be paid for such abandonment shall be b1.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 9:11 P. M. Article 34. VOTED: That the Selectmen be and they hereby are author- ized to abandon such portion of the drain easement in lot 27 on Fessenden Way as is no longer needed by the Town, saideasementhaving been granted to the Town by George Avadanian by instrument dated April 23, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9584, Page 29; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instru- ment of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 9:12 P. M. 273 Article 35. VOTED: That the sum of $7,000.00 be raised and appropriated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section LA of Chapter 252 of the General Laws. Carried Unanimously 9:13 P. M. Article 36. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for future street location and for playground and recreational purposes, ,and other public purposes, all or any part of a parcel of land situated northerly of Massachusetts Avenue, abutting on the Adams School lot and on land of the Boston and Maine Railroad, and shown as Lot A on a plan entitled "Plan of land owned by F. C. Friend Lexington Mass.", dated December 8, 1939, Albert A. Miller, Civil Engineer, recorded in Middlesex South District Registry of Deeds, Book 6844, Page 512; and to raise and appropriate for such land acquisition the, sum of $11.,500.00. 9:15 P. M. Amendment presented by Barbara M. Harvell. «I move to amend Article 36 to omit the words "for a future street location." Amendment voted on and declared lost by voice vote. 9:17 P. M. Main motion as presented carried unanimously. 9:18 P. M. Thomas S. Grindle asks for postponement of one week on the following articles: Article 37. Postponement of one week carried unanimously 9:18 P. M. Article 38. Postponement of one week carried unanimously 9:18 P. M. Article 39. Postponement of one week carried unanimously 9:18 P. M. Article 40. Presented by Thomas S. Grindle. VOTED: That the Planning Board be and hereby is auth- orized 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 re- creational purposes and that the Selectmen be and hereby are authorized on behalf of the Town to acquire for such purposes by purchase, eminent domain or otherwise, such lands or rights therein as are or may be included in options obtained by the Planning Board; and to raise and appropriate therefor the sum. of $1500 .00 to be used in conjunction with and in additionto funds already app- ropriated for such options and land acquisition. Carried Unanimously 9:20 P. M. David F. Toomey moves for a ten minute recess. Adopted by voice vote. 9:21 P. M. Meeting called to order by the Moderator at 9:31 P. M. Article 41. Presented by Austin W. Fisher, Jr. VOTED: That the Standing School Building Conwiittee be and hereby is authorized on behalf of the Town to retain architectural services and prepare final plans and speci- ficat.ions . for the construction, original equipping and furnishing of new secondary school buildings on land in the vicinity of the senior high school, and additions to and alterations in the existing senior high school building, said final plans to be based upon the prelim- inary plans entitled Scheme B submitted to this meeting; 274 Article 41. and, after approval of the plans and specifications by ( Cont. ) the School Committee, to obtain bids therefor; and to raise and appropriate therefor the sum of $115,000. ue Carried by voice vote. 9:56 P. M. Gordon E. Steele asks that Articles 42, 43 and wR be taken up together. Carried Unanimously 9:57 P. M. Article 42. Presented by Gordon E. Steele. VOTED: That the Selectmen be and hereby are author- ized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes all or any part of a parcel of land situated on Moreland Avenue and consisting of lots 156 to 182, inclusive, and 315 to 340, inclusive, on plan entitled "East Lexington Estates East Lexington, Mass.. Owned by J. W. Wilbur", dated November 21, 1913, A. L. Eliot, Civil Engineer, recorded in Middlesex South District Registry of Deeds in Plan Book 219 as Plan 41, and lots 22, 23, 56, 57 and 112 to 155, inclusive, on plan entitled "East Lexington Farms, East Lexington Middlesex County Mass. Owned by J. W. Wilbur", dated November 10, 1913, A. L. Eliot, Civil Engineer, recorded in said Plan Book 219 as Plan 42, and including the portions of Moreland Avenue located between said lots. 9:59 P. M. Vernon C. Page moves to lay Article )12 upon table which was declared lost by voice vote. 10 P. M. Decision of the Moderator doubted. The Moderator asks if there are the required number of doubters. The show of hands was eight. Therefor, the original decision carried. 10 P. M. Main motion as presented carried unanimously 10:03 P. M. Article 43. VOTED: That the Selectmen be and hereby are author- ized on behalf- of the Town to purchase, take by eminent domain or otherwise acquire for school, playground and Presented other public purposes all or any part of a parcel of land by situated on and off Young Street and Webb Street and Gordon consisting of lots 166 to 169, inclusive, on Young Street E. on plan entitled "Battle-View Park Lexington, Mass. Steele James E. Burke Owner" surveyed November, 1913, John N. McClintock, A.M.C.E. , recorded in Middlesex South District Registry of Deeds in Plan Book 224 as Plan 14, lots 9 and 10 on Webb Street on Land Court Plan 24405A, and the land shown on Land Court. Plan 12100F and land adjacent thereto. Carried Unanimously 10:05 P. M. Article 44. Presented by Gordon E. Steele. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes all or any part or parts of the land situated on the southerly side of Woburn Street, about opposite Webb Street, and described as follows: 1. The land shown on Land Court plan No. 18106A; 2. The land shown on plan entitled "Plan at Lexington" dated October 1911, F. P. Cutter, C. E. , recorded in Middlesex South District Registry of Deeds at the end of Book 3648; 3 . The land described in deed from James McHeffey Etter to John M. Taylor et al, recorded in said Deeds, Book 6776, Page 470; 275 Article 44. 4. The land described in deed from James McHeffey ( Cont. ) Etter to Samuel Modoona et al, recorded in said Deeds, Book 7030, Page 108; 5. The land shown on plan entitled "A Compiled Plan of Land in Lexington Mass.", dated October 21, 1957, Miller and Nylander, Civil ngineers and Surveyors, recorded in said Deeds at the end of Book 9059; 6. The land shown on Land Court plan No. 4370A; 7. The first parcel of land described in deed from Benjamin A. Simeone to Salvatore B. Simeone Trustee, recorded in said Deeds, Book 9295, Page 594; 8.The several parcels of the land shown on plan entitled "Plan Showing Division of Land belonging to _ Salvatore & Michele Case Lexington, Mass. ", dated October 25, 1927, E. N. Montague, C.E. , recorded in saidDeeds, Book 6128, Page 536; 9. The land shown on plan entitled "Plan of Land in Lexington Mass." , dated October 1939, C. Harvey, C. E. , recorded in said Deeds, Book 6372, Page 313; and 10. The land described in deed from Paul J. McCormack et al to Milton C. Wasby et al Trustees, recorded in said Deeds, Book 9911, Page 541. Carried Unanimously 10:09 P. M. VOTED: To appropriate the sum of 890,000.00 for acquisition of the land described in the votes adopted under Articles 42, 43 and 44 and to provide for payment by raising $25,000.00 in the current tax levy and the transfer of $65,000.00 from the Excess and Deficiency Account. Carried Unanimously 10:15 P. M. Article 45. VOTED: To appropriate the sizn. of $8,000.00 for the purchase of a fire engine for the Fire Department and to provide for payment thereof by the transfer of $3,000.00 from the Excess and Deficiency Account and by raising the balance of S5,000.00 int he current tax levy. Carried Unanimously 10:16 P. M. Article 46. VOTED: That the Board of Fire Commissioners be and they hereby are "authorized to relocate the fire alarm system wires at the Bedford Street and Massachusetts Avenue crossings over Route 128 to the extent deemed necessary as a result of the reconstruction of Route 128 by the Commonwealth, and to enter into a contract with the Commonwealth of Massachusetts represented by its De- partment of Public Works for reimbursement to the Town by the Commonwealth of the cost of such relocation; and to raise and appropriate therefor the sum of $4,500.00. Carried Unanimously 10:17 P. H. Article 47. VOTED: To raise and appropriate the sum of $400 to pay the necessary expenses of a member of the Fire Department while attending the Indiana Fire Training Program con- ducted at Purdue University at Lafayette, Indiana. Carried Unanimously 10:18 P. M. Article 48. 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 10:19 P. M. Article 49. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:20 P. M. James F. Flynn moves that meeting be adjourned until Monday, March 26, 1962 at 8 P. M. Carried by voice vote. 10:20 P. M. (/7 i ,..--- Town ClerkL__________ 276 ADJOURNED TOWN MEETING HELD MARCH 26, 1962 I-17; Meeting called to order by the Moderator, Charles E. Ferguson. 8:05 P. M. CD There were 178 Town Meeting _Members present. Invocation offered by. Rabbi Bernard H. Blooth, 8:06 P. M. . . Presented by Thomas S. Grindle: VOTED: That Articles 37, 38 and 39 be taken up together. Carried Unanimously .8:07 P. M. Article 37. Presented by Thomas S. Grindle. MOTION: Thatthe Selectmen be and hereby are -author. ized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for a future street location and for playground and recreational purposes, and other public purposes, a parcel of land bounded easterly by land of the Town sometimes known as Willard Woods; southerly by other land of the Town; westerly by land now or formerly of Dorothy J. Pihl and by land now or formerly of Universal Builders, Inc. or of owners unknown, and _ northerly by lot 22 on. Longfellow Road and by land now or formerly of Nathan Ribock. 8:08 P. m. _ . Charles E. Parks presents the following amendment: I move to amend Article #37 by striking out the words "for a future Street location". 8:12 P. H. Amendment declared last by voice vote.. 8:13 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 6 Frederick E. Tucker - 28 34 Ernest A. Giroux 60 _214 • Donald P. Noyes 20 54 108 Amendment declared lost. 8:15 P. H. Allan Green moves for reconsideration of the amendment. 8:22 P. M. Carried by voice vote. 8:22 P. M. Amendment adopted by voice vote. 824 -P. M. Main motion as amended: VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase,, take by eminent domain or otherwise acquire and for playground and recreational purposes, and other public purposes, a parcel of land bounded easterly by land of the Town sometimes known as Willard Woods; southerly by other land of the Town; westerly by land now or formerly of Dorothy J. Pihl and by land now or formerly of Universal Builders, Inc. or of owners unknown, and northerly by lot 22 on Longfellow Road and by land now or formerly of Nathan Ribock. Carried Unanimously 8:25 P. M. 277 - Article 38. Presented by Thomas S. Grindle. - VOTED:- That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for playground and recreational purposes, and other public purposes, two parcels of land situated northerly of Summer Street and abutting on Town land acquired for. -playground and recreational purposes in 1959, said parcels consisting of all or any part or parts of lots 1 and 4 shown on Land Court plan 23315A, and that as part consideration for such land the Sel- ectmen .be and hereby are authorized in the name and on behalf of the Town to convey to the owners of said land such portion of said Town land acquired in 1959 that abuts upon the remaining land of said owners as the Sel- ectmen may determine to be appropriate, the instrument of conveyance to be in such form and to contain such terms and provisions as the Selectmen by the execution thereof shall -approve. Carried Unanimously 8:27 P.' M. Article 39. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take- by eminent domain Presented or otherwise acquire for playground and recreational by purposes, and other public purposes, a parcel of land Thomas believed to' contain 10.02 acres, more or less, which is S. situated easterly of Robinson Road and abutting upon Town Grindle land acquired for playground and recreational purposes in 1960, said parcel being substantially as shown on plan entitled "Plan of Land in Lexington, Mass.", dated May 27, 1940, J. Bruce Lewis, Civil Engineer, recorded in Middlesex South District Registry of Deeds, Book 6435, End, and that in connection with such acquisition the Selectmen be and hereby are authorized in the name and on behalf of the Town to grant to the- owner of such land a right of way across said Town land to Turning Mill Road for the benefit of the remaining land of such owner, the size and location of such :right of way and the terms and provisions of the instrument granting the same to be such as the Selectmen by the execution thereof shall approve. Carried Unanimously 8:33 P. M. VOTED: That the- sum of $43,500.00 be appropriated for acquisition of the land described in the votes adopted under Articles 37, 38 and 39, and that payment be prov- ided by transfer from the Excess and Deficiency Account. Carried Unanimously 8:31 P. M. Unless otherwise noted, Alan G. Adams presents the following articles. Article 50. VOTED: That the Selectmen be and they hereby are author- ized_to prepare plans and specifications, to obtain bids, to enter into a contract or contracts for and to supervise the construction and original equipping of new or additional locker and toilet facilities at the swimming pool on the Center Playground,-which facilities may be provided in a new building or in an addition to the existing building and may consist in whole or in part in remodelling the existing -_building and in replacing or renovating such facilities in the existing building; and to raise and appropriate therefor the sum of $20,000.00. Carried Unanimously 8:35 P. M. Article 51. VOTED: That the sum of $16,220.00 be appropriated for additional stands for seating in the enclosed field at the Center Playground and that payment be provided by transfer from the Excess and Deficiency Account. Various speakers. James F. Flynn asks "point of" order". 8:39 P. M. Carried Unanimously 8:40 P. M. 97Q Zzl 711 Article. 52. VOTED: That the sum of $42,000.00 be appropriated for development and improvement of recreational facilities at the Center Playground and that payment be provided by transfer from the Excess and Deficiency Account. 8:41 P. M. Joseph P. Marshall moves for indefinite postponement. Indefinite postponement declared lost by voice vote. 8:47 P. M. Main motion carried unanimously 8:53 P. M. Article 53. VOTED: That the Selectmen be and they hereby are auth- orized to retain consultant services for the prepara- tion of job classifications and pay schedules for all positions in the Town service under the jurisdiction of the Selectmen; and to raise and appropriate therefor the sum of $4,000.00. Carried Unanimously 8:54 P. M. Article 54. VOTED: That the sum of $20,000.00 be appropriated, sub- ject to validation by the General Court, to be expended by the Selectmen in reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning. Board in its approval of definitive subdivision plans under the Sub- division Control Law, of a greater width or size than required to serve only the subdivision, the reimburse- ment as to any subdivision not to exceed the amount recommended by the Planning Board, and that the Selectmen be and they hereby are authorized to petition the General Court for such validating legislation, and to provide for payment by transfer from the Excess and Deficiency Account. Town Counsel, Harold E. Stevens, asks for standing vote on this article. In Favor Tellers Opposed 33 Frederick E. Tucker 2 87 Ernest A. Giroux 11 Donald P. Noyes 1 154 14 Carried 8:59 P. M. Article 55. VOTED: To accept the alteration and relocation as a highway of Lincoln Street from Worthen Road, a distance of 300 feet, more or less, westerly as altered and re. located by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 9, 1962, and to discontinue as a highway such portion of Lincoln Street as is not included within and is rendered unnecessary for public use by such alteration and relocation, 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; to raise and approp- riate for land acquisition the sum of $100.00; and that the funds appropriated under Article 25 of the warrant for the 1961 Annual Town Meeting for the construction of • Worthen Road from Massachusetts Avenue to Waltham Street shall be available for the construction of Lincoln Street as altered and relocated. • 8:59 P. M. Thomas S. Grindle reads Planning Board Report. 8:59 P.M. Main motion carried unanimously 9 P. M. Presented by Lincoln P. Cole: VOTED: That articles 56 to 60 inclusive be taken up together. CarriedUnanimously9:01 P, M. Thomas S. Grindle reads Planning Board Report, 9:01 P. M. 2 9 Article 56 through Article 60 presented by Lincoln P. Cole, Jr. Article 56. VOTED: To establish as a town way and accept the layout of as a town way, Albemarle-Avenue from Rawson Avenue a distance of 170 feet, more or less, northeasterly to Anthony Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 9, 1962, 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 9:02 P. M. Article 57. VOTED: To establish as a town' way, and accept the lay- __ out of as a town Way,, Anthony Road from Albemarle Avenue northwesterly a distance of 320 feet to Lillian Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January, 9, 1962, 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 9:03 P. M. Article 58. VOTED:- To establish as a town way, and accept the lay- out of as a town way, Gerard Terrace from Cedar Street westerly a distance of 303.53 feet to its terminus, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 9, 1962, _ - 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 9:031). M. Article 59. VOTED: To establish as a town way, and, accept the lay- out- of as a town way, Lillian Road from a point 675 feet from the westerly side line of Lowell Street and running southwesterly, a distance of 1076 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 9, 1962, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest 'inland necessary therefor. Carried Unanimously 9:04 P. M. Article 60. VOTED: To establish as a town way, and accept the lay- out of as a town way, Turning Mill Road from a point about 71 feet, more or_ less, from the westerly side line of Dauer Road a distance of 656.57 feet westerly and northerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated - _ January 9, 1962, 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 9:05 P. M. VOTED: To appropriate the. sum of $500.00 for land acquisition and for construction of the ways enumerated in ,artieles 56 to 60 inclusive, and to provide for pay- ment by the transfer of $500.00 from the unexpended balance of the appropriation for land acquisition and street construction voted, under articles 53 to 65 inclu- sive and 68 to 71 inclusive of the warrant for the 1961 Annual Town Meeting. Carried Unanimously 9:05' P. M. Presented by Norman J. Richards: VOTED: That articles 61 to. 67 inclusive be taken up together. Carried unanimously 9:06 P. M. 280 • Thomas S. Crindle reads Report of the Planning Board covering Articles 61 to 67 inclusive. 9:06 P. M. Articles 61 through 67 presented by Norman J. Richards. Article 61. VOTED: To establish as a town way, and accept the layout of as a town way, Justin Street from Bernard Street to Eldred Street a distance of 685 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 Tom Clerk, dated January 9, 1962, 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 9:07 P. M. Article 62. VOTED: To establish as a town way, and accept the lay- out of as a town way, Rindge Avenue from Rawson Avenue southerly a distance of 1035 feet, more or less, to terminus, as laid out by the 'Selectmen under the Better- ment Act. and shown upon a plan onfile in the office of the Town Clerk, dated January 9, 1962, 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 9:08 P. M. Article 63. VOTED: To establish as a town way, and accept the lay- out of as a town way, Tarbell Avenue from Tucker Avenue southwesterly a distance of 775 feet, more or less, to • terminus, 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 9, 1962, 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 9:08 P. M. Article 64. VOTED: To establish as a town way, and accept the lay- _out of as a town way, Winn Avenue from Bow Street easterly a distance of 110 feet to Rindge Avenue, 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 9, 1962, 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 9:10 P. M. Article 65. VOTED: To establish as a town way, and accept the lay- out of as a town way, Winthrop Road from Waltham Street easterly, a distance of 111.6 feet, more or less, to Sherburne Road as laid out by the Selectmen under the Betterment Act and shown upon a plan -on file in the office of the Town Clerk, dated January 9., 1962, 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 9:10 P. M. Article 66. VOTED: To establish as a town way, and accept the lay- - out of as a town way, Lexington Avenue from Follen Road a distance of 932 feet, more or less, northerly to Locust Avenue, 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 9, 1962, 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 9:11 P. M. 281 Article 67. VOTED: To establish as. a town way, and accept the lay- out of as a town way, Locust Avenue from Follen Road a distance of 635 feet, more or less, westerly, 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 9, 1962, 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 9:12 P. M. . VOTED: To appropriate_ for land acquisition and for • construction of the ways enumerated in Articles 61 to 67 inclusive, the sum of $98,500.00, and to provide for payment by the transfer of $l7,'392.19 ,from the unexpended balance of the appropriation for land acquisition and street construction voted under Articles 61 to 67 in- clusive of the warrant for the 1960 Annual Town Meeting and the balance of $81,107.81 to be transferred from the Excess and Deficiency Account. Carried Unanimously 9:13 P. M. Weiant Wathen-Dunn moves for a twenty minute recess which was lost by voice -vote. 9:13 P. M. Arthur E. Brysnn, Jr. reads Report of the Planning Board covering Article 68 which was voted to be accepted and placed on file. 9:22 P. M. Thomas S. Grindle requests that reading of Article 68 be eliminated. Carried Unanimously 9:22 P. M. Article 68. VOTED: To amend the Zoning By-Law as follows: I. By adding to Section 2 thereof, under the caption *Definitions*, the following: (s) Fire Lane. An open space in which no automotive vehicles may be parked and in which no building or structure may be erected without written permission from the Head of the Lexington Fire Department. The open space shall be between a building and a line parallel to and fifteen feet equidistant from a building. • II. By striking out the entire subsection (h) C 3 Districts in Section 5 thereof and inserting. in place thereof the following: (h) C 3 Districts 1. All buildings and uses that are permitted in R 1 districts, but subject to any conditions and re- strictions set forth. in Section' 5, subsection (a) of this By-Law. 2. Subject to the provisions in this Section 5, subsection (h) , under the caption "Finding-.and Deter- mination- by_the Board of Appealstt, _the following buildings- and uses: A. Offices foradministrative, executive, professional and similar purposes. B. Laboratories engaged in research, experimental and testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, medicine and physics. Any laboratory, the conduct of which may be disturbing or detrimental to the health, safety or welfare of -persons working or living in the neighborhood, by reason of. special danger of fire or explosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, dis- agreeable odors, offensive noise or vibrations, is expressly-prohibited. Permitted laboratories may manu- • facture, process or store goods and materials to the extent that such manufacturing, processing or storage is a part of and relates solely to such research, experimental and testing activities, but all other manufacturing, processing and storage of goods and materials are expressly prohibited. 282. (=, Afticle 68. C. Retail uses incidental to and in support of (Cont.) any uses permitted in paragraphs A and13 above, such as cafeterias, soda or dairy bars, on the same lot as the permitted use. Any such use shall be conducted primarily for the convenience of employees, shall be wholly within a building, and shall have no exterior .advertising dis- play. D. Operations required to maintain or support any uses permitted in paragraphs A and B above, on the same lot as the permitted use, such as maintenance shops, power plants, keeping of animals, antennae and machine shops. 3. Finding and Determination .by the Board of Appeals _ No building for any of the uses permitted by the terms of the preceding paragraph No. 2 shall be constructed or -reconstructed, or substantially altered externally,- or added to, unless the Board of Appeals, after a duly advertised public hearing, shall have made a finding and determination that the proposed location of buildings, the proposed major topographical changes, if any, and the planned provisions for waste disposal, surface and ground water drainage, erosion control, parking areas, loading areas, manuevering areas, drive- ways, and the location of intersections of driveways and streets are suchthat the proposed construction, re- construction, substantial, external alteration, or addi- tion will constitute a suitable development and will not result in substantial detriment to the neighborhood. A person desiring such finding andJdetermination shall file with the Board of Appeals an application therefor, together with a preliminary site plan, each in triplicate. Such application and site plan shall include the, elements as to which the Board is to make a finding and determination, as hereinabove provided, with inform- ation as to the nature and extent of the proposed use of the buildings, and such further information in respect to such elements and use as, the Board shall reasonably require. III. By striking out the entire subsection (f) M 1 Districts in Section 5 thereof and inserting in, place thereof the following: (f) CM 1 Districts 1. All buildings and uses that are permitted in R 1 districts, but subject to any conditions and re- strictions set forth in Section 5, subsection (a) , of . this, By-Law. _ _ 2. _ Subject to all the provisions .of the three paragraphs of Section 5, subsection (h) , of this By- Law, under the caption "Finding and Determination, by the Board of Appeals", the following buildings and uses: A. - All buildings and uses permitted in C 3 districts, but subject to the conditions and restrictions relating to them set forth in.Section 5, subsection (h) , of this By-Law, and B. Light manufacturing, employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and pro- cesses, and free from neighborhood disturbing odors or agencies, Any light manufacturing business, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons working in or living near the proposed location of such'manufacturing, by reason of special danger of fire or explosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noise, or vibrations, is expressly prohibited. - , 28' " - a Article 68. IV. By adding at the end and as a part of Section (Cont.) 5 thereof the following: (i) CH 1 Districts. 1. All buildings and uses that are permitted in R 1 districts, but subject to any conditions and restrict- ions set forth in Section 5, subsection- (a) of this By- Law: 2. Subject to: all the provisions of the three paragraphs of Section .5, subsection (h) of this By-Law, under the caption "Finding and Determination by the Board of Appeals", ..thefollowing buildings and uses: A. All buildings and uses permitted in C-3 districts, but subject to the conditions and restrictions relating to them set forth in Section 5, subsection (h) of this By-Law. B. Hotels or motor hotels, subject to the following conditions: - not- more than twenty-five percent of the lot area shall be built upon; no sleeping rooms shall be located below the mean finished grade of the - ground adjoining the building; -there shall be parking space for Automobiles provided on the lot sufficient to • furnish one reasonably accessible automobile space for each guest sleeping room in the building plus reasonably • adequate provision for persons dining or attending functions in the building; the building shall connect with a sanitary sewer. Cooking in rooms occupied by guests is expressly prohibited. As used herein, the, termautomobile space" shall Mean an area available for parking one motor vehicle and having a width of not less than ten feet, and an area of not less than two hundred square feet exclusive of passageways and driveways appurtenant thereto, with free. and unimpeded access to, a street over an unob- structed passageway or driveway. Loading area shall not be considered to be a part of the 'automobilespace. C. Retail uses. in support of a use permitted in preceding paragraph B, such as dining halls, restaurants, Cafeterias soda or dairy bars, and shops in the same buildingwith use. Any such use shall be wholly within the hotel or motor hotel building. Sizods shall be permitted as an accessory use, but only to the extent permitted in business areas under the Town' s Sign By,-Law. V. 13.y adding at the end and as a part Of Section 14 thereof the following: Procedure on Application for 11/1ILdin and Determination_ Upon receipt of application and site plan by the Board of Appeals under the provisions of Section 5, subsection (f) , (h) and (i) of this By-Law, the Board of Appeals shall within three days (Saturdays, Sundays and holidays excluded) transmit to the Plprining Board two Copies of said application and site plan. The Planning Board shall consider the same and sub- mit a final report thereon with recommendations to the Board of Appeals. The Board of Appeals shall not make a • finding and determination upon an application until it has received the final report of the Planning Board thereon or thirty days shall have elapsed since the transmittal of said copies of the application and site plan to the Planning Board, without such report being submitted. The Board of Appeals shall hold' a public hearing - and, except as hereinafter provided, shall take final action on an application within forty-five days after the filing of such application with said Board of Appeals. 284 Article 68. Such final action shall consist of either (1) a (Cont.) finding and determination that the proposed construction, reconstruction, substantial exterior alteration, or addition will constitute a suitable development and will not result in substantial detriment to -the neighborhood, or (2) a written denial of the application for such finding and determination stating the reasons for such denial, which reasons shall include a statement of the respect in which any elements inandparticular features of the proposal are deemed by the Board to be inadequate, unsuitable or detrimental to the neighborhood. A finding and determination may be made subject to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to insure that the proposed construction, reconstruction, substantial exterior alteration, or addition will constitute a suit- able development and will not result in substantial detriment to the neighborhood. In the event that the Board makes such finding and determination, such construction, reconstruction, sub- stantial exterior alteration, or addition shall be carried on only in conformity with any conditions, mod- ifications and restrictions to which the Board shall have made its finding and determination subject, and • only in essential conformity with-the application and - the site plan on the basis of which the finding and determination are made. The period within which final action shall be taken may be extended for a definite period by mutual consent of the Board of Appeals and the applicant. In the event the Board determines that the site plan and evidence presented to it at the public hearing are in- adequate to permit the Board to make a finding and _ determination, it may, in its discretion, instead of denying the application, adjourn the hearing to a later date to permit the applicant to submita revised site plan and further evidence, provided, however, that such adjournment shall not extend the forty-five day period within which final action shall be taken by the Board, unless said period is extended to a day certain by mutual consent. The Board of Appeals shall file with its records a written report of its final, action on each application, with its reasons therefor. In the event the Board of Appeals shall fail to take final, action on an application within forty-five days after the filing with the Board of an application for a finding and determination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of said forty-five day or extended period, said Board shall be deemed to have found and determined that the proposed construction, reconstruction, substantial external alteration, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood. - VI. By striking out from Section-3 thereof, under the caption "Districts Defined", the words "(f) M 1 - Light manufacturing districts", and inserting in place thereof the following: (f) CM 1 - Commercial and light manufacturing districts VII. By adding at the end and as part of Section 3 thereof, under the caption "Districts Defined", the following: (i) aR - Commercial and hotel districts. Article 68. VIII. By striking out the entire subsection 285 (Cont.) (f) M 1 - Light manufacturing districts in Section 4 thereof and inserting in place thereof the followtng: (f) CM 1 - Commercial - Light. manufacturing districts 1. A district on the northwesterly side of the Northern Circumferential Highway (Route 128) and bounded and described as follows: . beginning at a point on 'the northwesterly line of the Route 4 and 225-Route 128 Interchange, so-called, said point being 1200 feet distant and at right angle from the northeasterly side of the Boston & Maine Railroad right of way, thence southerly along the westerly line of said Interchange, -thence southwesterly along the northwesterly line of the Northern Circumferential Highway (Route 128) to a point, said point being 2400 feet distant and at right angle from the southwesterly side of said Boston & Maine Rail- road right of way, thence northwesterly along a line parallel to and 2400 feet distant from said southwesterly side of the Boston & Maine Railroad right of way to a point on the southeasterly line of Hartwell Avenue, thence northeasterly along said southeasterly line of said Hartwell Avenue to a point 1200 feet distant and at right angle from the northeasterly, side of the Boston & Maine Railroad right of way, thence southeasterly along a line parallel to and 1200 feet equidistant from said Boston & Maine Railroad right of way to the point of beginning. 2. A district northwesterly of Hartwell Avenue and bounded and described as follows: beginning at a point on the northerly line of Wood Street at land of the United States of America, thence northwesterly, northerly, northeasterly and again northwesterly along the north- easterly, easterly, southeasterly and again northeasterly lines of said land of the United States of America to the Lexington-Bedford town line, thence northeasterly along said town line to the southerly line of Westview Street, thence easterly and northeasterly along the southerly and southeasterly line of said Westview Street to the section of said street relocated in 1959, thence south- easterly along the southwesterly line of said relocated street to Hartwell Avenue, thence southwesterly along the northwesterly line of Hartwell Avenue to Wood Street, thence westerly along the northerly line of Wood Street to the point of beginning. IX. By adding at the -end and as part of Section 4 thereof, under the section caption "Geographical De- , • scriptions of Districts", the following: - ( i) CH 1 - Commercial.and hotel districts_ 1. A district on the southwesterly side of Bedford Street bounded and described as ,follows: Northeasterly • • by Bedford Street, southeasterly by, the Route 4 and 225 - Route 128 Interchange, . southwesterly by A line parallel to and 1200 feet equidistant from the northeasterly side of the Boston & Maine Railroad right of way and north- westerly by Hartwell Avenue. X. By striking out from subsection (b) of Section 5 thereof, captioned "R 2 districts", the_ following: 2. Subject to permission from the Board of Appeals, the following: - . a. Hotels, but cooking in rooms occupied by guests is expressly prohibited. XI. By striking out from paragraph (b) in Section 7 thereof the words "In C2, C3 and M 1 districts the maximum height of buildings shall be fifty-five feet," and inserting in place thereof the following: b. In C 2, C 3, CH 1 and CM . 1 districts buildings shall not exceed three full stories with a maximum height of forty-five feet. 286 Article 68. XII . By striking out the title of subsection (e) (Cont.) of Section 8 thereof, now reading "M 1 districts", and inserting in place thereof the following: CM 1 Districts XIII. By striking out the first line of paragraph 1. of subsection (e) of Section 8 thereof, now reading "In M 1 districts there shall be provided;", and inserting in place thereof the following: In CM 1 districts there shall be provided: XIV. By striking out subparagraph 1. a. in subsection (e) of Section 8 thereof and inserting in place thereof the following: a. A lot containing an area of not less than five acres and a lot width of not less than 300 feet on each street on which the lot abuts, except that in case the lot abuts on a dead end turnaround part of a public street or of a street shown on a subdivision plan approved by the Lexington Planning Board under the Sub- division Control Law and abuts also on such street before the turnaround, the 300 feet may be measured in part along the side line of the street before the turnaround and in part along a projection of the course of: such side line through and beyond the turnaround, provided however that the lot shall have a frontage of not less than 60 feet on the street, including such turnaround. XV. By striking out subparagraph 1.b. (1) of subsection (e) of Section 8 thereof, and inserting in place thereof the following: (1) A yard of not less than 100 feet in depth on each street, limited access highway and R 1 district boundary on which the lot abuts. Within such 100 feet from each street and highway there shall be permitted only (1) green areas of grass, plants, shrubs and trees, (2) walks, driveways and parking facilities occupying not more than 25 per centum of the area, and (3) gates or security stations. XVI. By striking out from subparagraph 1.b. (2) of subsection (e) of Section 8 thereof, the figures "40" and inserting, in place thereof the -figures "50", so that said subparagraph shall read as follows: (2) A side yard on each side of not less than 50 feet .in width. XVII. By striking out from subparagraph 1.b. (3) of subsection (e) of Section 8 thereof, the sentence reading "Provided, however, that if a boundary of the lot abuts on_land in a district other than an M 1 district, the side or rear yard requirement, for the yard having as its exterior line the boundary of the lot which abuts the land in the other district, shall be not less than 60 • feet in width or depth as the case maybe." XVIII. By inserting at the end and as part of sub- paragraph 1.b. of subsection (e) of Section 8 thereof the following: (4) A minimum distance of 30 feet between buildings and each building shall be surrounded by a fire lane, subject, however, to the provision that buildings may be inter-connected by corridors or walkways, if prov- ision is made for access by fire apparatus to all outside walls. XIX. By striking out subparagraph 1.e. of sub- section (e) of Section 8 and inserting in place thereof the following: e. On each lot parking, loading and unloading c, 7 Article 68. facilities reasonably sufficient to serve the business (Cont.) conducted thereon without using adjacent streets therefor and not located within 50 feet of any street or district boundary line or 25 feet from any side or rear line of a lot. XX. By striking out subparagraph 1.g. of sub- section (e) of Section 8 thereof, and inserting in place thereof the following: g. Within 50 feet of each street and district boundary line and within 25 feet of each lot line only green areas of grass, plants, shrubs and trees, and necessary ways of access there through only to streets except that these requirements shall not be :applicable to buildings erected adjacent to the Boston & Maine Railroad right of way. XXI. By striking, out subparagraph 1. b. of sub- section (h) 0 3 districts in Section 8 thereof, and inserting in place thereof the following: la. A yard of not less than 100 feet in depth on each street, limited access highway and district boundary on which the lot abuts. Within such 100 feet from each street and highway there shall be permitted only (1) green areas of grass, plants, shrubs and trees, (2) walks, driveways and parking facilities occupying not more than 25 per centum of the area, and (3) gates or security stations. 1XII. By striking out from subparagraph 1.e. of subsection (h) of Section 8 thereof, relating to the required distance of parking, loading and unloading facilities from, a street or boundary line, the words "25 feet of any street or boundary line" and inserting in place thereof the following: 50 feet of any street, limited access highway or district boundary. XXIII. By striking out subparagraph 1.f. of subsection (h) of Section 8 thereof and inserting in place thereof the following: f. Within 50 feet of each street and district boundary line and within 25 feet of each lot line only green areas of grass, plants, shrubs and trees, and necessary ways of access therethrough only to streets. XXIV. By inserting at the end and as part of para- graph 1. of subsection (h) of Section 8 thereof, the following: h. A minimum distance of 30 feet between buildings and each building shall be surrounded by a fire lane, subject, however, to the provision that buildings may be inter-connected by corridors or walkways, if provision is made for access by fire apparatus to all outside walls. XXV. By striking out paragraph 2. of subsection (h) of Section 8 thereof, which now reads: "a. In• C 3 districts there shall be provided for all uses permitted in R 1 and R 2 districts, the same lot area and frontage, and the same front and side and rear yards as would be required if the lot were situated in an R 1 or R 2 district." XXVI. By inserting at the end and as part of Section 8 thereof, the following new subsection. 288 Article 68. (i) CH 1 Districts (Cont. ) 15.17 1. In CH 1 districts there shall be provided: a. All area, frontage and yard regulations set forth in C 3 districts. b. For each such building on land abutting on Bedford Street, a front yard on such street of not less than 200 feet in depth. Samuel P. Snow shows slides. 9:33 P. M. Article 68 carried unanimously 9:36 P. M. Article 69. Presented by Irving H. Mabee. Under Article 69 I offer the following motion: To emend the Zoning By-Law by adding at the end of Section 4, (h) C-3, special Commercial Districts, the following new paragraph: A district on the Lexington and Waltham boundary, on the easterly side of the Northern Circumferential Highway (Route 128) , On the southeasterly side of the Route 128-Route 2 Interchange, so-called, and the westerly side of Spring street, bounded and described as follows: Beginning at a point on the westerly line of Spring Street at the common boundary of Lexington and Waltham, thence westerly along such boundary of Lexington and Waltham to the easterly line of the Northern Circumfer- ential Highway (Route 128) ; thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to the intersection of the easterly line of the Northern Circumferential Highway (Route 128) and the southeasterly line of Route 2-Route 128 Interchange, so-called; thence northeasterly and easterly, by two lines, along the southeasterly and southerly lines of said Interchange, to a point on the common boundary of said Interchange and land of Lexington Investment Trust, such point being fifty feet southwesterly from the northeasterly corner of said land of Lexington In- vestment Trust; thence southeasterly and southwesterly, by two lines, both being parallel to and fifty feet westerly from the northeasterly and southeasterly boundaries of said land of Lexington Investment Trust, to a point seventy-four feet, more or less, from the common boundary of Lexington and Waltham (such north- easterly and southeasterly boundaries being bounded by land now or formerly of Chester and Isabelle Lamentea, Benjamin A. and Ann L. Green, Francis A. and Thelma P. Gallagher, Michael J. and Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and. Catherine Morley, Warren W. and Elizabeth B. Fox, and William and Eileen Cowles) ; thence easterly, in a line parallel to and seventy feet northerly from the common boundary of Lex- ington and Waltham, seven hundred thirteen feet, more or less, to the westerly line of Spring Street; thence by the westerly line of Spring Street, seventy-four feet, more or less, to the point of beginning at the boundary of Lexington and Waltham. 9:40 P. M. Richard H. Soule reads Report of the Planning Board on this article which was voted to be accepted and placed on file. 9:50 P. M. Irving H. Mabee moves that Cha' lea Kenney of the C. W. Whittier Co. be given the privilege of the floor. Carried Unanimously 9:50 P. M. Mr. Kenney speaks and shows slides. 10:12 P. M. Robert H. Kingston shows slides. 10:18 P. M. 289 Article 69. Irving H. Mabee moves for indefinite postponement. (Cont.) carried Indefinite postponement declared by voice vote. 10:30 P. M. Voice vote doubted so standing vote taken as follows: In Favor STellers Opposed 18 Frederick E. Tucker - 19 61 Ernest A. Giroux Ljl 18 Donald P. Noyes is 97 75 Indefinite postponement carried 10:35 P. M. Article 70. Presented by Robert M. Coquillette. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:37 P. M. Article 71. VOTED: That this article be indefinitely postponed. (Presented _ by Alan G. Carried Unanimously 10:37 P. M. Adans) Alan G. Adams moves that meeting by dissolved. T ' 10:38 P. M. 111 Town Clerk ! . ATTORNEY GENERAL' S APPROVAL OF ARTICLE 68 AS PASSED AT THE ADJOURNED-TOWN MEETING HELD MARCH 26, 1962 Boston, Mass. , June 21, 1962 The foregoing amendment to zoning by-laws is hereby approved. /Signed/ E. J. McCormack, Jr. Attorney General Winston5 R. Hindle, Jr. was moved up to fill the vacancy: in the Town Meeting Membership in Precinct Two that was caused by the resignation of Donald T. Clark. Mr. Hindle lives at 8 Locust Avenue. Term ends March, 1963. dMIlm•••••• • Thomas E. Osborn, 37 Webster Road, was moved up to fill the vacancy in the Town. Meeting MemberShip in Precinct Two caused by the death of Frank A. Currier, Jr. Term ends March, 1963. Joseph A. Busa, 64 Hancock Street, was moved up to fill the vacancy in the Town Meeting Membership in Precinct Three caused by the resignation of Ralph H. Tucker. Term ends March, 1963. hut, Walter C. Ballard resigned as a Town Meeting Member in Precinct Six as of October 16, 1962. Richard M. Wertheim, 11 Minute Man Lane, was moved up to fill the vacancy caused by Mr. Ballard's resignation. Term ends in March,- 1963. - (See- Warrant Book - Page STATE EIEC TI ON November 6, 1962 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 6, 1962 at seven o'clock in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Adams School; Precinct Three, Cary. Memorial Hall; Precinct Four, High School Building; Precinct Five, Central. Fire Station; Precinct Six, Maria Hastings School. The following election officers having been duly appointed by the Selectmen, and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Mary E. Clifford Warden John McDonough _ Margaret E. Marshall Clerk Ilda J. -Field Nellie I. Batstone Teller Alice .G. Marshall Ida B. Fisk Teller Henry P. Meade Mary F. Hadley Teller Lillian Meadows Eileen Fradette Teller Marjorie E. Wirpio Precinct Three Precinct Four Randall W. Richards Warden Clarence E. Delp Edna D. Anderson Clerk Louise E. Ahern Edna F. Marshall Teller Mary A. Oliver Mary A. Spellman Teller Helene L. Ignieo Marjorie Modoono Teller Mary G. McCauley Mary L. Spellman Teller Charlotte E. Allen Precinct Five Precinct Six Joseph 0. Rooney Warden. Mary J. Ferry Alice L. Osgood Clerk Elizabeth A. Downey Grace White Teller Sally S. Hooper Jeanette M. Kanis (Teller) Michael Lovezzola Ruth P. Bruce . Teller . Irene Fenerty Helen. L. Perry Teller Florence M. Boone The polls were declared open in each precinct at seven o'clock A. M. and remained open until eight o'clock P. M. , at which- time, after due notice, they were closed. - The election officers were sworn to the faithful performance of their duties. The total number of registered voters in each precinct as follows: g SPECIAL TABULATION OF OFFICIAL WAR BALLOTS ONLY BIENNIAL STATE ELECTION, NOVEMBER 6, 1962 NUMBER of service person who personally applied by Federal postcard or otherwise for State War Ballot 143 NUMBER of service persons who were registered voters for whom State War Ballot applications were made by kindred 2 NUMBER of service persons who were not registered voters, for whom registration as voters and State War Ballots were made by kindred 5 NUMBER OF ballots mailed to service persons 50 NUMBER of such ballots cast 38 NUMBER of such ballots rejected 0 '1/1 /1 l Town Clerk November 21, 1962 Burton L. Williams, 17 Dane Road, was moved up to fill the vacancy in the Town Meeting Membership in Precinct Four caused by the moving out of Lexington of Robert M. Coquillette. Term ends March, 1963. November 21, 1962 Paul M. Mahoney, 34 Wachusett Drive, was moved up to fill the vacancy in the Town Meeting Membership in Precinct Four caused by the death of Ronald S. Woodberry, Jr. Term ends March, 1963. November 21, 1962 Robert M. Gary, 29 Highland Avenue, was moved up to fill the vacancy in the Town Meeting Membership in Precinct Four caused by the death of Cyrus Wood. Term ends March, 1963.