HomeMy WebLinkAbout1963-11-25-STM-min 336
(WARRANT FOR SPECIAL TOWN MEETING - See Warrant Book)
SPECIAL TOWN MEETING HELD NOVEMBER 25, 1963
Meeting called to order by the Moderator, Charles E. Ferguson.
8:07 P. M.
There were 157 Town Meeting Members present.
Invocation offered by Rev. Harold T. Handley at 8:08 P. M.
James J. Carroll, Town Clerk, read the warrant for the meeting,
until further reading was waived by the Moderator. 8:09 P. M.
James J. Carroll, Town Clerk, read the Constablets Return for
the meeting. 8:09 P. M.
Lincoln P. Cole, Jr. , Chairman of the Board of Selectmen, asks
for a moment of silence in memory of the death of President John F.
Kennedy who was assassinated on November 22, 1963.
8:11 P. M.
Sumner E. Perlman moves that meeting be adjourned to a future
date to be decided by the Board of Selectmen. 8:12 P. M.
Lincoln P. Cole moves that the meeting be adjourned to Wednesday,
November 27, 1963 at 8 P. M.
Carried 8:12 P. M.
James F. Flynn doubts the vote . 8:12 P. M.
Standing vote on amendment of Mr. Cole taken as follows:
In Favor Tellers Opposed
17 Frederick E. Tucker 4
16 Donald J. Shaw 17
21 Stephen T. Russian 27
10 Leslie H. York 10
64 58
Amendment adopted 8:15 P. M.
Main motion, as amended, declared lost by voice vote. 8!15 P. M.
Voice vote doubted, so standing vote taken as follows:
In Favor Tellers Opposed
6 Frederick E. Tucker 12
11 Donald J. Shaw 24
17 Stephen T. Russian 21
8 Leslie H. York 32
42 89
Motion not adopted. 8: 18 P. M.
Article 1. Donald P. Noyes moves that the report of the Appropriation
Committee be accepted and placed on file.
Carried Unanimously 8:19 P. M.
Robert M. Gary moves that the report of the Capital Ex-
penditures Committee be accepted and placed on file.
Carried Unanimously 8:19 P. M.
Unless otherwise noted, all articles presented by Lincoln P.
Cole, Jr.
Article 2. VOTED: To appropriate the additional sum of 87,000.00
for Cary Memorial Library - Expenses Account for the
year 1963 , and to provide for payment of said sum by
transfer from the Excess and Deficiency Account.
Carried Unanimously 8:19 P. M.
Edi
Article 3, VOTED: To appropriate the additional sum of $14,400.00
for Payment on Debt - Interest for the year 1963, and to
provide for payment of said sum by transfer from the
Excess and Deficiency Account.
Carried Unanimously 8:20 P. M.
Article 4. VOTED: That the Selectmen be and they hereby are auth-
orized to retain engineering services to prepare plans
for a system of sanitary sewers to serve principally the
Woodhaven area of the. Tom.; and that the sum of
$10,000.00 be appropriated therefor and payment provided
by transfer from the Excess and Deficiency Account.
Carried Unanimously 8:21 P. M.
Article 5. VOTED: To transfer the sum of $1,000.00 from the
Parking Meter Fund to Parking Meter Maintenance Account
for the purchase of additional parking meters.
Carried Unanimously 8:22 P. M.
Article 6. Presented by William Roger Greeley.
VOTED: That there exists in the Town a shortage of
safe and sanitary dwellings available for elderly persons
of low income at rentals which they can afford; that it
is hereby determined that a Housing Authority is needed
for the provision of housing for elderly persons of low
income; and that the Lexington Housing Authority be
organized and established under the provisions of Section
26K of Chapter 121 of the General Laws, as amended.
Carried Unanimously 8:34 P. M.
Article 7. VOTED: That the Selectmen be and they hereby are auth-
orized and directed to settle the claim of the Town
against the Commonwealth of Massachusetts for damages
arising out of a taking by the Commonwealth of Town land
designated as Parcel No. 9-3-T in an order of taking
dated August 29, 1961 and recorded in Middlesex South
District Registry of Deeds, Book 9892, Page 517-524, and
to execute and deliver a release of all demands against
the Commonwealth therefor in the amount of not less than
$175.00 and in such form as the Selectmen, by their
execution thereof, shall determine.
Carried Unanimously 8:35 P. M.
Article 8. VOTED: That the sum. of $15,000.00 be, appropriated for
the construction of a sewer main or mains in Worthen
Road from Bedford Street to Massachusetts Avenue or other
land as the Selectmen may determine, 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 that payment be provided by transfer from the Excess
and Deficiency Account.
Carried by voice vote. 8:47 P. M.
Article 9. VOTED: To accept Section 8C of Chapter 40 of the General
Laws which is an Act relating to the establishment, powers
and duties of conservation commissions in cities and
towns, and establish under the provisions of said Section
8c of Chapter 40 a Conservation Commission consisting of
five members.
Carried Unanimously 8:49 P. M.
Article 10. VOTED: That the sum of $400.00 be and hereby is appro-
priated as a supplementary appropriation to be used in
conjunction with and in addition to the money appropriated
in the vote adopted under Article 4 of the warrant for
the Special Town Meeting held on January 28, 1963, for
the relocation of fire alarm wires at the Grove Street
crossing over Route 128, as authorized in said vote, and
provide for payment by transfer from the Excess and
Deficiency Account.
Carried Unanimously 8:51 P. M.
338
Article 11. Presented by Austin W. Fisher, Jr.
VOTED: That the Standing School Building Committee,
appointed under authority of the vote adopted under
Article 37 of the warrant for the 1957 Annual Town
Meeting, be and hereby is authorized on behalf of the
Town to retain professional services and prepare final
plans and specifications and to obtain bids for alter-
ations and additions to the existing senior high school;
that the sum of $19,000.00 be appropriated therefor, and
payment provided by transfer from the Excess and
Deficiency Account.
Carried Unanimously 8:52 P. M.
Article 12. Presented by Sanborn C. Brown.
VOTED: That the Standing School Building Committee,
appointed under authority of the vote adopted under
Article 37 of the warrant for the 1957 Annual Town.
Meeting, be and hereby is authorized on behalf of the
Town to retain professional services and prepare pre-
liminary 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 $20,000.00
be appropriated therefor, and payment provided by
transfer from the Excess and Deficiency Account.
Carried Unanimously 8:58 P. M.
Article 13. Presented by Levi G. Burnell.
VOTED: To accept the provisions of Section 18A of
Chapter 90 of the General Laws, as inserted by Section 1
of Chapter 409 of the Acts of 1962, which is an Act auth-
orizing the commonwealth, the metropolitan district
commission, and cities and towns to adopt rules regul-
ating the use of ways by pedestrians, and providing for
the non-criminal disposition of violations thereof.
Carried Unanimously 9:05 P. M.
Article 14. Presented by Natalie H. Riffin.
Under'Article 14, I move that the town accept as a part
of the Zoning by-law of Lexington, Section 8 of Chapter
40A of the General laws".
9:06 P. M.
Irving H. Mabee reads the report of the Planning Board.
9:10 P. M.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
0 Frederick E. Tucker 25
1 Donald J. Shaw 37
7 Stephen T. Russian )12
0 Leslie H. York 32
8 136
Motion not adopted. 9:14 P. M.
Article 15. VOTED: That the Selectmen be and they hereby are author-
ized to sell and convey to the United States of America
lots 185 through 189, inclusive, on Hayward Avenue, and
lots 178, 179 and 180 on Massachusetts Avenue, on plan of
F. W. Coughlin, surveyed by H. A. Hillhouse, C.E. ,
dated March 1910, now held by the Town under foreclosed
tax titles or otherwise and located within the proposed
Minute Man Historical Park; that the minimum amount to be
paid for such conveyance shall be $1.00; and that the
deed shall be in such form as the Selectmen, by their
execution thereof, shall approve.
Carried Unanimously 9:15 P. M.
Article 16. VOTED: To accept and designate as the Lexington fl.:,
a flag presented to the Town by the Lexington Detachment of the
Marine Corps League, and to place such flag under the
custody and control of the Selectmen, to be displayed,
carried or flown at such times and places and on such
occasions and in such manner as the Selectmen shall from
time to time determine.
James F. Flynn asked what type of flag it was.
Lincoln P. Cole, Jr. asked to have the flag brought
before the Town Meeting, which was done by
Officer Morelli.
Motion as presented carried unanimously 9:18 P. M.
Article 17. VOTED: That the Selectmen be and they hereby are auth-
orized to sell to Boston Edison Company for five hundred
twenty-nine dollars ($529.00) seven (7) poles upon the
School Department property of the Town located on the
northeasterly side of the intersection of Hancock and
Burlington Streets, and to execute in the name and be-
half of the Town an appropriate bill of sale conveying
said poles to said company and such instruments as they
may deem proper to grant said company authority to
maintain and use said poles.
Carried Unanimously 9:20 P. M.
Article 18. Presented by Irving H. Mabee.
VOTED: To appropriate the sum of 2,625.00 for
Planning Board - Personal Services to be used for the
services of a planning director for the period from
January 1, 1961E through March 31 , 196L1. and provide
for payment by transfer from available funds in the
treasury in the Excess and Deficiency Account.
Carried Unanimously 9:22 P. M.
Article 19. VOTED: To amend the Zoning By-Law as follows:
Presented I. By striking out paragraphs 2 and 3 of sub-section
by (g) of Section 5 thereof, under the caption
Irving H.
Mabee "A 1 Districts."
II. By striking out the words "or hotel" from paragraph
4 of sub-section (g) of Section 5 thereof, under the
caption "A 1 Districts" , so that said paragraph li
shall read as follows:
"Buildings accessory to garden apartments may be
erected, but only with the approval of site, plans
and building design by the Board of Appeals."
III . By striking out the words "or hotel" in the two
places where such words appear in paragraph 5 of
sub-section (g) of Section 5 thereof, under the
caption "A 1 Districts" , so that said paragraph 5
shall read as follows: ..
"5. Upon receipt of an application to determine
that a proposed garden apartment building and use,
including the site, plans and building design con-
stitute a desirable development in and will not be
detrimental to the neighborhood, or an application
to approve site, plans and building design of pro-
posed buildings accessory to garden apartments, the
Board of Appeals shall transmit to the Planning Board
the application and plans. The Planning Board shall
consider the same and shall submit a final report
thereon with recommendation to the Board of Appeals.
The Board of Appeals shall not approve any such
application or plans until such final report of the
Planning Board has been submitted to it or thirty
days have elapsed after the transmittal to the
Planning Board of the application and plans without
such report being submitted."
xs O
Article 19. IV. By renumbering present paragraphs !. and 5 of sub-
( Cont. ) section (g) of Section 5 thereof so that said para-
graphs shall be numbered 2 and 3 respectively. (":�
V. By striking out the words and punctuation "or hotel,
or both", from sub-paragraph 1-a of sub-section Cr)
of Section 8 thereof, under the caption "A 1
Districts.", so that said sub-paragraph 1-a shall
read as follows:
"For each lot on which garden apartments are to
be erected."
VI. By striking out from sub-paragraph 1-a (2) of
sub-section ( r) of Section 8 thereof, under the
caption "A 1 Districts", the figure "30" wherever
it appears, and by inserting in place thereof in
each instance the figure tt40", so that said sub-
paragraph shall read as follows:
"For each such building and accessory building, a
front yard of not less than 40 feet in depth on each
street on which the lot abuts, a side yard on each
side of not less than 40 feet in width, and a rear
yard of not less than 40 feet in depth. These yards
may be used for parking areas if otherwise lawful."
VII. By inserting after sub-paragraph 1-a (3) in sub-section
(r) of Section 8 thereof, under the caption "A 1
Districts", the following sub-paragraph 1-a (4) to
read as follows:
"(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
provision is made for access by fire apparatus to
all outside walls."
VIII. By striking out sub-section (g) of Section 3 thereof,
under the caption "Districts Defined", and by in-
serting in place thereof the following:
"(g) Garden apartment districts."
IX. By striking out the caption "A 1-Garden apartment
and hotel districts" of sub-section (g) of Section
4 thereof, and by inserting in place thereof the
following:
"A 1-Garden apartment districts."
9:26 P. M.
Irving H. Mabee read Planning Board Report.
9:29 P. M.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
24 Frederick E. Tucker 0
37 Donald J. Shaw 0
53 Stephen T. Russian 0
35 Leslie H. York 0
149 0
Motion adopted 9:45 P. M.
Article 19 approved by Edward W. Brooke, Attorney General on
March 9, 1964.
Article 20. Presented by Irving H. Mabee.
VOTED: To amend the Zoning By-Law by striking out
(Approved present paragraph 3 of sub-section ( g) of Section 4,
by thereof, and by renumbering the present paragraph 4 of
Edward W. said sub-section as paragraph 3.
Brooke, 9:45 P. M.
Attorney
General Mr. Mabee read report of the Planning Board.
on 9:49 P. M.
March 9,
1964) Main motion carried unanimously 9:52 P. M.
Article 21. VOTED: To amend the Zoning By-Law by adding a new
paragraph 2 to sub-section (i) of Section 4 thereof,
to read as follows:
"2. A district situated on the westerly side of the
State highway (Route 128) and the easterly side of
Marrett Road bounded and described as follows:
Presented EASTERLY by the westerly side of the State highway
by (Route 128) four hundred (400) feet, more or less;
Irving H. NORTHERLY by other land of Frida Semler Seabury and
Mabee Arthur F. Hinds et als twelve hundred sixty (1260)
feet, more or less; EASTERLY by land of said Hinds one
hundred seventy ( 170) feet, more or less; NORTHWESTERLY
by land of Maurice D. Healy by two bounds, said bounds
being of two hundred ninety-two (292) feet, more or
(Approved less, and two hundred one (201) feet, more or less,
by respectively; SOUTHWESTERLY by Marrett Road nine
Edward W. hundred thirty (930) feet, more or less; SOUTHEASTERLY,
Brooke, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHWESTERLY as shown
Attorney by land now or formerly of Grigor by five bounds of
General on twenty-eight (28) feet, more or less, two hundred
March 9, three (203) feet, more or less, seventy (70) feet,
1964) more or less, three hundred seventy (370) feet, more
or less; SOUTHERLY three hundred forty (340) feet,
more or less. To the point of beginning at the State
highway (Route 128) ."
9:52. P. M.
Mr. Mabee asked. if he could omit reading the Report
of the Planning Board as it was the same report he
read for Article 20.
Main motion carried unanimously 9:54 P. M.
Article 22. Presented by Irving H. Mabee.
VOTED: To amend the Zoning By-Law by striking out the
(Approved entire sub-section (f) of Section 14 thereof and in-
by serting in place thereof the following:
Edward W.
Brooke, "(r) Permit for two year terms a roadside stand for the
Attorney sale primarily of farm products grown within the town
General on on land of the owner of the stand. The sale from such
March 9, stand of plants, flowers and fireplace wood, and of
1964) poultry, eggs, vegetables, fruits, berries, preserves
and other edible farm products of a similar nature,
produced or grown elsewhere than on such land of the
owner of the stand, whether or not the land on which
such products are produced or grown is owned by the
owner of the stand, may be permitted provided that the
total dollar volume of annual sales of such products
shall not exceed fifty (50) per cent of the total
dollar volume of annual sales of all products from such
stand. Except as provided in Section 14 ( g) of this
By-Law, the sale from such stand ofall other products
is expressly prohibited.
Orf street parking must be provided, and all products
must be kept under cover, except that plants, flowers
and fireplace wood may be offered for sale outdoors.
9:57 P. M.
Mr. Mabee read Planning Board Report. 10 P. M.
Main motion carried unanimously 10:19 P. M.
842
Article 23. Presented by Irving H. Mabee.
VOTED: To amend the Zoning By-Law by adding, after sub-
section (f) of Section 14, the following:
(Approved
by Edward W. "(g) Permit during the appropriate season of any
Brooke, year the sale of Christmas trees and Christmas greens."
Attorney 10:19 P. M.
General
on Mr. Mabee read the Report of the Planning Board.
March 9, 10:20 P. M.
1964)
Main motion carried unanimously 10:20 P. M.
Article 24. VOTED: To amend the Zoning By-Law as follows:
I. By adding to Section 5 thereof a new sub-section to
read as follows:
"( j) C 4 DISTRICTS
1. All buildings and uses that are permitted in
R 1 districts, but subject to any conditions and
restrictions set forth in Section 5, sub-section
(a) of this By-Law.
2. Subject to the provisions in this Section 5,
(Approved sub-section (h)-, under the caption "Finding and
by Determination by the Board of Appeals", the
Edward W. following buildings and uses:
Brooke,
Attorney a. Office buildings not exceeding two stories
General in height.
on
March 9, b. Offices for administrative, executive, pro-
1964) fessional and similar purposes.
c. Retail uses incidental to and in support of
any uses permitted in paragraph b 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,es, sh
al_ be wholly within a building,
ng,
and shall have no exterior advertising display. "
II. By adding to Section 8 thereof a new sub-section
( j) , to read as follows:
"( j) C 4 DISTRICTS
1. In C 4 districts there shall be provided for
all uses other than those permitted in R 1
districts:
a. A lot containing an area of not less than
60,000 square feet and a frontage of not less
than 175 feet on each street on which the lot
abuts.
b. A yard of not less than 50 feet in depth on
each street, limited access highway and district
boundary on which the lot abuts. Within such
50 feet from each street and highway there shall
be permitted only (1) green areas of grass,
plants, shrubs and trees, and (2) walks, driveways
and parking facilities occupying not more than 50
per centum of the area.
c. On each lot a side yard on each side of not
less than 50 feet in width and a rear yard of not
less than 50 feet in depth.
d. On each lot an open area, not occupied by any
building, of not less than 75 percentum of the lot,
which may be used for parking if otherwise lawful.
346
Article 24. II . ( Cont.)
( Cont .)
e. On each lot, a parking area on the lot, not
located within 25 feet of any street, limited
access highway or district boundary, and contain-
ing not less than one parking space, as herein-
after defined, for each 100 square feet or fraction
thereof of usable office floor space in said
buildings, Loading areas shall not be considered
to be part of the parking area. 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.
f. On each lot loading and unloading facilities
reasonably sufficient to serve the business con-
ducted thereon without using adjacent streets
therefor, and not located within 50 feet of any
street, limited access highway or district
boundary.
g. No open storage of materials or equipmentin
any front yard, and none elsewhere unless ( 1)
appropriately screened from view from streets and
- public ways and from land not in a commercial or
business district, and (2) not detrimental to
the appearance of an office-building area,
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.
III . By striking out the entire paragraph 24 of sub-
section ( c) of Sectionthereof under the captiono
�-
"0 1 - Local business districts.
IV. By adding to Section 4 thereof a new sub-section ( j) ,
to read as follows:
"( j) C L Small office districts."
1. A district on the easterly side of Waltham
Street partly adjacent to the common boundary
line of Lexington and Waltham, bounded and
described as follows:
Beginning at a point on the easterly side of
Waltham Street at the common boundary of Lex-
ington and Waltham, thence running southeasterly
by the Lexington-Waltham common boundary line,
three hundred sixty-eight (368) feet, more or
less, to land now or formerly of Salvatore
Ricci, thence running northeasterly by land now
or formerly of said Ricci, three hundred seven-
teen (317) feet, more or less, thence running
northerly by land now or formerly of said Ricci
to land of Leonard V. Short, four hundred
forty-two W2) feet, more or less, thence
running e sterly by land of said Short, two
hundred forty (210) feet, more or less, to
Waltham Street, thence southwesterly by Waltham
Street, six hundred thirty-five ( 635) feet, more
or less, to the point of beginning.
V. By inserting in Section 3 thereof a new sub-section
( j) , to read as follows:
"( j) C 4 - Small Office districts."
10:25 P. M.
344
Article 24. Irving H. Mabee read Report of the Planning Board. r-17;
( Cont. ) 10:26 P. M.
Natalie H. Riffin moves that Article 24 be indefinitely
postponed for at least four months, until the next town
meeting. 10:31 P. M.
Indefinite postponement declared lost by voice vote.
10:46 P. M.
Voice vote on main motion as presented not unanimous,
so standing vote taken as follows: ( 10:58 P. M. )
In Favor Tellers Opposed
19 Frederick E. Tucker
33 Donald J. Shaw 4
39 Stephen T. Russian 3Leslie H. York 11
122 22
Motion adopted 11 P. M.
Article 25. Irving H. Mabee stated that no action would be taken.
Carried Unanimously 11:01 P. M.
Article 26. Norman J. Richards moves that no action be taken on
this article.
Carried Unanimously 11:02 P. M.
Article 27. Voted: To create a Standing Plumbing and Building By-
Law Committee to consider revision of the Plumbing By-
Law and the Building By-Law of the Town and report its
recommendations thereon to a subsequent town meeting and
from time to time thereafter to consider further revisions
as said committee may deem necessary or advisable and
report its recommendations thereon to future town meet-
ings. Such committee shall consist of five registered
voters of the Town who shall be appointed by the Sel-
ectmen. The first appointments to the Committee shall
be for the following terms: one member to serve for
one year, two members to serve for two years and two
members to serve for three years. Terms shall expire
on April thirtieth, except that members shall continue
in office until their successors have been duly appointed
and qualified. The first year of the terms of members
shall expire on April 30, 1965, whether such appointments
are made before or after May 1, 1964. Upon the expi-
ration of the term of a member, his successor shall be
appointed for a term of three years. Vacancies shall be
filled for the balance of unexpired terms.
Carried Unanimously 11:04 P. M.
Lincoln P. Cole, Jr. moves that meeting be dissolved.
11:05 P. M.
r /47
�► ., � ..
wn Clerk