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HomeMy WebLinkAbout1963-03-18 to 1963-03-25 ATM-min 310 ANNUAL TOWN MEETING HELD MARCH 18, 1963 Meeting called to order by the Moderator, Charles E. Ferguson, at j 8:03 P. M. Invocation offered by Rev. Harold T. Handley. 8:03 P. M. There were 18L1. Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived by the Moderator at 8:04 P. M. Town Clerk, James J. Carroll, read the Constable' s Return. 8:04 P. M. Article 2. Logan Clarke, Jr. presents Appropriation Committee Report which was voted to be accepted and placed on file. 8:05 P. M. Robert M. Gary presents Capital Expenditures Committee Report which was voted to be accepted and placed on file. 8:05 P. M. Article 3. Presented by Alan G. Adams. VOTED: That a Committee of three be appointed by the Moderatortohave charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8:06 P. M. Article 2. Alan G. Aaams presents Report of the Cary Lectures Committee which was voted to be accepted, placed on file and the committee discharged. Carried Unanimously 8:06 P. M. Unless otherwise noted, all articles presented by Alan G. Adams. 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 $ 21,439.i12 Expenses - 4,500.00 Printing Town Report 3,000.00 Elections 8,200.00 Insurance 38,500.00 Town Employees Group Insurance 55,000.00 8:08 P. M. Town Clerk & Treasurer's Department Personal ,Services 14,895.00 Expenses 1,800.00 Elections 500.00 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 8:08 P. M. Collector's Department Personal Services 10,371.00 Expenses 3,) 75.00 Metered Mail 7,300.00 8:09 P. M. Trustees of Public Trusts Expenses 350.00 8:09 P. M. 311 Article 4. Accounting Department ( Cont. ) Personal Services $ 14,032.00 Expenses 600.00 Out of State Travel 100.00 8:09 P. M. Assessors' Department Personal Services 21,481.00 Expenses 22,100.00 Out of State Travel 100.00 8:10 P. M. Law Department Personal Services 4,000.00 Special Counsel 1,200.00 Special Fees 5,000.00 Expenses 3,000.00 8:10 P. M. Appropriation Committee Expenses 4,820.00 8:10 P. M. Board of Appeals Personal Services 2,072.00 Expenses 2,440.00 8:10 P. M. Board of Retirement Accrued Liability )12,004.00 Expenses 675.00 8:10 P. M. I Health Department Personal Services 10,648.00 Expenses 8,075.00 Engineering 1,500.00 Animal Inspection - Personal Services 1,194.00 Rabies Clinic 975.00 Out of State Travel 200.00 8:11 P. M. Dental Clinic Personal Services 7,161.00 Expenses 800.00 8:12 P. M. Posture Clinic Personal Services 850.00 Expenses 130.00 8:12 P . M. Veterans' Day Expenses 150.00 8:12 P. M. Memorial Day Expenses 500.00 8:12 P . M. Town Celebrations Committee Expenses 5,000.00 8:13 P. M. 312 tz= r=1 Article L . Planning Board 1-1 ( Cont.) Personal Services $ 14,000.00 Expenses 6,955.00 8:13 .p . M. Recreation Committee Personal Services 14,800.00 Expenses 5,500.00 8:13 P. M. Board of Registrars Personal Services 3,500.00 Expenses 1,000.00 8:13 P. M. Capital Expenditures Committee Expenses 50.00 8:13 P. M. Historic Districts Commission Expenses 400.00 8:13 P. M. Standing School Building Committee Expenses 500.00 8:13 P. M. Police Department Personal Services 235,496.00 Expenses 21,430.00 Out of State Ti-avel 60.00 Parking Meter Maintenance 150.00 (This amount to be transferred from the Parking Meter Fund) 8:13 P. M. Dog Officer Personal Services 550.00 Expenses 700.00 8:13 P. M. Fire Department Personal Services 267,550.00 Expenses 31,310.00 Ambulance Maintenance 650 .00 8:13 P. M. Forest Fires Expenses 500.00 8:13 P. M. Civil Defense Personal Services 6,612.00 Expenses 7,000.00 Out of State Travel 150.00 8:14 P. M. Inspection Department Personal Services 19,576.00 Expenses 1,770.00 Out of State Travel 125.00 8:14 P. M. :318 Article 4. Weights & Measures (Cont. ) Personal Services $ 1,491.00 Expenses 545.o0 8:14 P. M. Public Works Superintendent's Office Personal Services 45,780.00 Expenses 2,001.00 Out of State Travel 200.00 8:15 P. M. Engineering Department Personal Services 48,126.00 Expenses 4,000 .00 8:15 P. M. Town Offices & Cary Memorial Building Personal Services 17,078.00 Expenses 30,830.00 8:15 P. M. Rental Properties Maintenance 1,000.00 8:15 P. M. Public Works Building Wages & Expenses 40,975.00 8:15 P. M. Highway Maintenance Wages & Expenses 111,750.00 8:16 P. m. Raad Machinery Wages & Expenses 38,100.00 8:16 P. H. Snow Removal Wages & Expenses 80,000.00 8:16 P. M. Traffic Regulation & Control Wages & Expenses 11,050.00 8:16 P. H. Street Lights Expenses 681881.00 8:20 P. M. Street Signs Wages & Expenses 3,000.00 8:20 P. M. Sewer Maintenance Wages & Expenses 45,000.00 8:20 P. M. Sewer Services Wages & Expenses 68,000.00 8:20 P. M. 314 cn Article 4. Garbage Collection ( Cont.) Expenses $ 38,333.00 8:20 P. M. Care of Dump & Removal of Ashes Expenses 31,000.00 8:20 P. M. Water Maintenance Wages & Expenses 63,750.00 8:20 P. M. Water Services Wages & Expenses 21,750.00 8:20 P. M. Park Maintenance Wages & Expenses 76,900.00 8:21 P. M. Insect Suppression Wages & Expenses 9,500.00 8:21 P. M. Shade Tree Wages & Expenses 28,000.00 8:21 P. M. Dutch Elm Disease Wages & Expenses 15,750.00 8:21 P. M. School Operation Personal Services 3A26,622.00 Expenses 737,987.00 Out of State Travel 5,500.00 Athletics 51,951.00 Vocational Education - Tuition-Transportation 15,595.00 Adult Education 7,700.00 8:24 P. M. Cary Memorial Library Personal Services 112,135.00 Expenses 36,100.44 (In addition to the amount of $3,369.56 received from the County for Dog licenses.) 8:24 P. M. Public Welfare Personal Services 8,028.00 Administration 625.00 Aid & Expenses 11,000.00 8:25 P. M. Disability Assistance Aid & Expenses 6,200.00 8:25 P. M. Aid to Dependent Children Aid & Expenses 4,000.00 8:25 P. M. 315 Article 4. Old Age Assistance ( Cont.) Aid & Expenses $ 23,850.00 8:25 P. M. Medical Assistance to the Aged Aid & Expenses 45,000.00 8:25 P. M. Veterans! Services Personal Services 2,939.00 Administration 350.00 Aid & Expenses 10,000.00 Grave Registration 250.00 Soldiers! Burials 250 .00 8:25 P. M. Cemetery Department Personal Services 5,650.00 Wages & Expenses 37,000.00 (Of which $4,000.00 is to be transferred from the Perpetual Care Fund - Westview Cemetery) 8:26 P. M. P went on Debt Interest 260,000.00 Principal 838,000.00 (Of which $7,000 is to be transferred from the Parking Meter Fund.) Main motion as presented carried unanimously by voice vote. 8:27 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 $ 4,500.00 Town Treasurer 4,500.00 Town Collector of Taxes 7,500.00 the increase over the rates established last year to become effective April 1, 1963, and to raise and appropriate therefor the sum of $16,077.00. Carried Unanimously 8:28 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, 1964, and to issue a noteor notes therefor payable within one year and to renew any note or notes that may be given for a period of less than one year in accordance with Section 17 of Chapter 44 of the General Laws. Carried Unanimously 8:28 P. M. Article 7. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:29 P. M. Article 8. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:29 P. M. Article 9. VOTED: To appropriate $35,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of $4,700.00 from the Overlay Reserve Fund and the transfer of $30,300 .00 from the Excess and Deficiency Account. Carried Unanimously 8:30 P. M. 316 Article 10. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an1,711 audit for the year 1963. Carried Unanimously 8:30 P. M. Article 11. VOTED: 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 $15,077.00 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 8:31 P. M. Article 12. VOTED: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter of the General Laws. p 41 Carried Unanimously 8:31 P. M. Article 13. VOTED: That the Selectmen be and they hereby are authorized to sell and convey at any time on or before March 15, 1964 the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper. Carried Unanimously 8:31 P. M. Article 14. VOTED: That the Selectmen be and they hereby are author- ized 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 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 $28,300.00, and to provide for payment thereof by the transfer of $26,633.46 from the Water Department Available Surplus and the transfer of $1,666.54 from the unexpended balance of the appropriation to retain engineering services and prepare plans and specifications for the construction of a water standpipe voted under Article 11 of the Warrant for the Special Town Meeting n g he ld November 19, 1956. Carried Unanimously 8:33 P. M. Article 15. VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment 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 installation and land acquisition the sum of $255,875.00, and that pay ent be provided by the transfer of $63,570.00 from the Sewer Assessment Fund, the transfer of $59,900.00 from the unexpended balance of the approp- riation for the extension of a sewer main voted under Article 5 of the warrant for the Special Town Meeting held September 15, 1958, the transfer of $15,399.88 from the unexpended balance -of the appropriation for the installation of sewer mains voted under Article' 14 of the warrant for the- 1960 Annual Town Meeting, the transfer of $298.79 from the unexpended balance of the appropria- tion for the installation of sewer mains voted under Article 13 of the warrant for the 1959 Annual Town Meeting, the transfer of $11,663.65 from the unexpended balance of the appropriation for installation of sewer main voted under Article 16 of the warrant for the 1958 Annual Town Meeting, the transfer of $33,889.96 from the unexpended balance of the appropriation for the install- ation of sewer mains voted under Article 15 of the warrant for the 1960 Annual Town Meeting, the transfer of $3,700.00 from the unexpended balance of the appropriation for the acquisition of land along Vine Brook southeasterly of Emerson Road voted under Article 45 of the warrant for the 1960 Annual Town Meeting and by raising the balance of $67,452.72 in the current tax levy. Carried Unanimously 8:35 P. M. a � Article 16. VOTED: That the Selectmen be and they hereby are author- ized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments or otherwise , and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate for such installation and land acquisition the sum of $28,000.00. Carried Unanimously 8:36 P. M. Article 17. VOTED: That the Selectmen be and they hereby are authorized 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 raise and appropriate therefor the sum of $40 ,000.00. Carried Unanimously 8:37 P. M. Article 18. VOTED: That the Selectmen be and they hereby are authorized to install curbings at such locations as they may determine; and to raise and appropriate therefor the sum of $5,000.00. Carried Unanimously 8:37 P. M. Article 19. VOTED: That the sum of $'4,500.00 be raised and appropriated for Chapter_ 90 highway maintenance. Carried Unanimously 8:38 P. M. Article 20. VOTED: That the sum of $50,000.00 be raised and appropriated for the reconstruction of all or any part of Massachusetts Avenue under Chapter 90 highway construction. Carried Unanimously 8:38 P. M. Article 21. VOTED: That the sum of $40,000.00 be raised and appropriated for the widening and construction with permanent pavement of Lowell Street for a distance of 1,000 feet, more or less, north from Woburn Street and fora distance f800m feet, or less, south from more East Street. Carried Unanimously 8:39 P. M. Article 22. VOTED: To. appropriate the sum of $29,700.00 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 Excess and Deficiency Account. Carried Unanimously 8:41 P. M. Article. 23. VOTED: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Department of Public Works when used on various projects carried on under the direction of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 8:101 P. M. Article 24. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:41 P. M. Article 25. VOTED: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final adjournment of the 1964 Annual Town Meeting. Carried Unanimously 8:112 P. M. 318 -Article 26. VOTED: That the sum of $8,160.00 be raised and Grp appropriated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section (7-. 4A of Chapter 252 of the General Laws. Carried Unanimously 8:42 P. M. Article 27. VOTED: That the Selectmen be and they hereby are authorized to obtain appraisals on and options for land or rights therein that they desire to recommend be acquired by the Town as locations -for future streets or for playgroundand recreational purposes and that the Selectmen be and hereby are authorized on behalf of the Town to acquire by purchase, eminent domain or otherwise, such lands or rights therein for such purposes as are or may be included in options obtained by the Selectmen; and to raise and appropriate for such appraisals, options p and land acquisitions the sum of $4,000.00. Carried Unanimously 8:45 P. M. Article 28. VOTED: That the sum of $4,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 8:45 P. M. Article 29. VOTED: That the sum of $10,000.00 be raised and appropriated under the authority of Chapter 570 of the Acts of 1962, to be expended by the Selectmen for re- imbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive sub- division plans under the Subdivision Control Law, of a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board. 8:46 P. M. General discussion. Charles E. Parks moves for indefinite postponement. 8:56 P. M. Indefinite postponement lost by voice vote . 9 P. M. Main motion, as presented, carried. 9:01 P. M. Article 30. VOTED: That the Selectmen, acting as a Board of Public Works, be and hereby are authorized to relocate a 12" water main under Grove Street as relocated and through the new Grove Street. Bridge 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 Department of Public Works for the apportionment of the work, the expense and the future maintenance of said water main; and to appropriate there- for the sum of $10,000.00, and to provide for payment by transfer from the Water Department Available Surplus. Carried Unanimously 9:01 P. M. Article 31. VOTED: To establish a General By-Laws Committee of five residents of the Town, to be appointed by the Moderator, to make a study of the General By-Laws of the Town, prepare a revision thereof and report its recom- mendations thereon at a subsequent Town Meeting. Carried Unanimously oa sl y 9'02 P. M. Article 32. VQTED: To establish a committee of five residents of the Town, to be appointed by the Board of Selectmen, to study and make recommendations as to the needs of the Town relative to providing public facilities in or near the Battle Green District, so-called, or other areas in the Town, and as to measures that might be taken to fulfill such needs and report its recommendations thereon at a subsequent Town Meeting, but not later than the 1964 Annual Town Meeting. Carried Unanimously 9:04 P. M. IP 19 Article 33. VOTED: To accept Section 9A of Chapter 53 of the General Laws, as inserted by Section 1 of Chapter 249 of the Acts of 1962, which is an Act regulating the issuance of nomination papers for use in city and town primaries and elections, and providing a limit to the number of such papers obtainable . James J. Carroll, Town Clerk, gives explanation of this article. Carried Unanimously 9:09 P. M. ( CHAPTER 249. AN ACT REGULATING THE ISSUANCE OF NOMINATION PAPERS FOR USE IN CITY AND TOWN PRIMARIES AND ELECTIONS, AND PROVIDING A LIMIT TO ME NUMBER OF SUCH PAPERS OBTAINABLE. Be it enacted, etc. , as follows: SECTION 1. Chapter 53 of the General Laws is hereby amended by inserting after section 9 the following section:-- Section 9A. In any city or town which accepts this section, in a city by vote of the city council subject to the provisions of its charter, and in a town by vote of the town meeting, the following provisions shall apply with respect to nomination papers:-- The final date for obtaining blank nomination papers for nomination to city or town office shall be forty- eight week day hours prior to the day on which nomination papers are required to be submitted to the registrars of voters for certification. Each candidate shall file with the city or town clerk, prior to obtaining blank nomination papers, a statement containing his name and address, and the city or town office for which he intends to be a candidate. No candidate for city or town office shall receive more blank nomination papers than will contain the number of signatures required to place his name in nomination, multiplied by five.) Article 34. VOTED: To amend the Building By-Law as follows: 1. By inserting in ARTICLE III thereof at the beginning of the sentence defining the word "Basement" the following words "Unless otherwise provided," so that said definition shall read as follows: BASEMENT: Unless otherwise provided, that portion of a building that is partly or wholly below the finished grade and which has a minimum of one half its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. 2. By inserting at the end of Section 2.D. of ARTICLE XX thereof the following sentence: For the purpose of this Section 2.D. , the word "base- ment" shall mean that portion of a building that is wholly or partly below the finished grade of the ground adjoining the building. 3. By adding to Section L .B. of ARTICLE XIV thereof the following: h. In a one-story building, or a one-story portion of or addition to a building of two or mores tors, the minimum thickness of any wall which does not exceed forty (40) feet in length if unsupported laterally in a manner approved by the Building Inspector as adequate to furnish the necessary support and which does not exceed ten ( 10) reet in height need not exceed eight ( 8) inches, provided such one-story building or one- story portion of or addition to a building of two or more stories does not exceed one thousand ( 1000) square feet in area. Carried Unanimously 9: 11 P. M. 820 Article 35. Motion; To amend Section 5, Permitted Buildings and Uses, of the Zoning By-Law by striking out sub- paragraph 1 of paragraph ( c) C 1 Districts, and in- serting in place thereof the following: 1. Retail stores including retail liquor stores, if otherwise lawful. 9:11 P. M. Irving H. Mabee reads Report of the Planning Board on this article . 9:15 P. M. Various speakers. James J. Flynn moves for indefinite postponement which was lost by voice vote at 9:28 P. M. Standing vote taken as follows: In Favor Tellers Opposed 1 Frederick E. Tucker 28 5 Harold T. Handley 29 Ernest A. Giroux 100 10157 Declared Lost. 9:34 P. M. Article 36. MOTION; -That this article be indefinitely postponed. 9:3L1. P. M. Paul B. West presents the following motion: That the Selectmen be and they hereby are authorized to publish a list of the real estate assessments in the town as of January 1, 1963 in such form and containing such information as the Selectmen shall determine, and that the sum of 1.,800 be raised and appropriated. 9:34 P. M. Various speakers. Mr. West' s motion declared lost by voice vote . 9:50 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 12 Frederick E. Tucker 20 7 Harold T. Handley 31 29 Ernest A. Giroux 74 48 125 Motion as presented by Paul B. West lost. 9:52 P. M. Article 37. RESOLUTION: That the Lexington Town Meeting recommends to the General Court legislation to amend the laws relative to exemptions from real estate taxation to remedy the disproportionate affect on such exemptions resulting from the assessment of full and fair cash valuations in certain cities or towns, and authorizes the Board of Sel- ectmen to represent the Town in favor of such legislation. Carried by voice vote. 9:55 P. M. Article 38. Presented by Irving H. Mabee. VOTED: Subject to review by the Department of Public Works of the Commonwealth and subject to such modifi- cations as said Department may make as to clarity and engineering accuracy, and subject also to ratification and acceptance by the General Court, to approve certain changes in a part of the boundary line between Lexington and Winchester in the vicinity of Winchester Drive and Thornberry Road, the new boundary line being described as follows: 891 Article 38. Beginning at a point in the existing boundary line ( Cont. ) 5.49 feet southeasterly from bound L-W-1 thence running South 24°36120" East 655.05 feet to a point; thence running South 60000130" East 0.98 feet to bound L-W-2; thence running South 42°27140" East 115.87 feet to a point; thence running South 41°11130" East 183.19 feet to a point; thence running South 74°34126" East 532.10 feet to a point; thence running South 15°25134" West 122.31 feet to a point in the northerly sideline of Winchester Drive; thence running South 74°3026" East 133.83 feet to a point; thence running South 15025134" West 70.00 feet to a point in the southerly side line of said Winchester Drive; thence running easterly on a curved line having a radius of 1195.00 feet for a distance of 263.10 feet to a point; thence running South 2°48142" West 94.21 feet to L-W-3. Carried 10:07 P. M. Alan G. Adams moves that Article 39 be postponed until after Article 73 has been acted upon. Carried Unanimously 10:07 P. M. Article 40. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:08 P. M. Article 41. Presented by Lincoln P. Cole, Jr. VOTED: That the Director of Civil Defense be and hereby is authorized with approval of the Board of Selectmen to construct and install on town property a civil defense alarm system, such installations to be subject to the approval of the Board or Committee charged with the care and control of the property, and to raise and appropriate therefor the sum of 12,000.00. 10:09 P. M. John E. Harvey moves for indefinite postponement. 10:15 P. M. General discussion. Indefinite postponement declared lost by voice vote . 10:20 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 9 Frederick E. Tucker 22 12 Harold T. Handley 24 26 Ernest A. Giroux 73 47 119 Indefinite postponement declared lost. 10:22 P. M. Main motion, as presented, declared carried by voice vote. 10:25P. M. Voice vote doubted so standing vote taken as follows: In Favor Tellers Opposed 15 Frederick E. Tucker 19 19 Harold T. Handley 16 47 Ernest A. Giroux 81 88 Declared Lost. 10:28 P. M. Haskell K. Reed moves that meeting be adjourned to Monday, March 25, 1963 at 8:15 -P. M. Lost. 10:35 P. M. Article 42. Presented by Lincoln P. Cole , Jr. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:36 P. M. 322 Article 43. VOTED: That the Selectmen be and they hereby are authornz - ized to obtain appraisals on and options for land or w-b, rights therein that they desire to recommend be acquired by the Town as locations for future streets or for school, playground and other public purposes and that the Sel- ectmen be and they hereby are authorized on behalf of the Town to acquire by purchase, eminent domain, or otherwise, such lands or rights therein for such purposes as are or may be included in options obtained by the Selectmen; and to raise and appropriate for such appraisals, options and land acquisitions the sum of $4,000.00 Carried Unanimously 10:37 P. M. Alan G. Adams moves that Article ) J1 be postponed until the end of the warrant. Carried Unanimously 10:38 P. M. Alan G. Adams moves that Article 45 be postponed until the end of the warrant. Carried Unanimously 10:39 P. M. James F. Flynn moves that meeting be adjourned until Monday, March 25, 1963 at 8:15 P. M. 10:39 P. M. Alan G. Adams requests reconsideration of Article 41 and asked at what time it was closed. 10:39 P . M. James J. Carroll, Town Clerk, replies that it was closed at 10:28 P. M. Motion of Mr. Flynn for adjournment - carried unanimously. 10:4.0 P. M. , 0et.4-tyt,t Town Clerk 324 ADJOURNED TOWN MEETING HELD MARCH 25, 1963 i7- Meeting called to order by the Moderator, Charles E. Ferguson at 8:15 P. M. There were 178 Town Meeting Members present. Alan G. Adams, Chairmgn of the Board of Selectmen, asks that Article 41 be reconsidered. 8:15 P. M. Motion for reconsideration of Article 41 was carried by voice vote at 8:19 P. M. Discussion by various speakers. Roland B. Greeley asks that Article 41 be read again. Lincoln P. Cole, Jr. reads Article 41. Article 41. VOTED: That the Director of Civil Defense be and hereby is authorized with approval of the Board of Selectmen to construct and install on town property a civil defense alarm system, such installations to be subject to the approval of the Board or Committee charged with the care and control of the property, and to raise and appropriate therefor the sum of $12,000.00. Vote taken by voice vote. 8:56 P. M. Voice vote doubted by the Moderator so standing vote taken as follows: In Favor Tellers Opposed 16 Frederick E. Tucker 17 22 Harold T. Handley 18 Thomas A. Napoli 1�7 92 82 Carried 8:58 P. M. Alan G. Adams moves that Article 44 be taken from the end of the warrant. Carried Unanimously 9 P. M. Article WI . Alan G. Adams moves for indefinite postponement of this article. Carried Unanimously 9 P. M. Mr. Adams moves that Article 45 be taken from the end of the warrant. Carried Unanimously. 9 P. M. Article 45. Presented by Alan G. Adams. VOTED: That the Selectmen be and they 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 consisting of Lots 49-74, inclusive, in Block 1, Lots 23-)4j., inclusive, in Block 4, Lots 20-38, inclusive, in Block 15, Lots 36 and 37 in Block 20, Lots 17, 18, 34 and 35 in Block 21, Lots 16, 17, 32 and 33 in Block 22, Lots 15, 16, 31 and 32 in Block 23, Lots 26 and 27 in Block 57, and all lots in Blocks 5-14, inclusive, and in Blocks 58 and 59, all as shown on a plan entitled "Plan of Lots At Lexington Heights Owned by M. C. Meagher", surveyed by E. A. W. Hammatt, C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24; and to appropriate for such land acquisition the sum of $10,000.00, and that payment be provided by the transfer of $200.00 from the unexpended balance of the appropriation for the acquisition of two certain parcels of land voted under Article 46 of the warrant for the 1960 Annual Town Meeting, and by raising the balance of $9,800.00 in the current tax levy. Carried Unanimously 9:04 P. M. Article 46. Irving H. Mabee moves for indefinite postponement. Carried Unanimously 9:10 P. M. Article 47. Presented by Irving H. Mabee. VOTED: That the Selectmen be and they 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 all or any part of a parcel of land believed to contain 36 acres, more or less, situated in East Lexington and bounded northwesterly by other land of the Town; northeasterly by the Lexington-Winchester town line and southeasterly by the Lexington-Arlington town line, said parcel being the land substantially as described in three deeds recorded in Middlesex South District Registry of Deeds, Book 9596, Page 406, Book 9442, Page 113, and Book 6918, Page 184; and to raise and appropriate therefor the sum of $20,000.00. Carried Unanimously 9:15 P. M. Article 48. Presented by Irving H. Mabee . VOTED: That the Selectmen be and they hereby are author- ized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for playground and recreational purposes and other public purposes a parcel of land on the southwesterly side of Winchester Drive, bounded southwesterly by other land of the Town and believed to contain 8000 square feet, more or less, and being the land substantially as described in a deed recorded in Middlesex South District Registry of Deeds, Book 9962, Page )011; and to appropriate for such land acquisition the sum of $1,000.00 and to provide payment thereof by the transfer of $500.00 from the unexpended balance of the appropriation for acquisition of land voted under Article 42 of the warrant for the 1960 Annual Town Meeting, the transfer of $400.00 from the unexpended balance of the appropriation for the acquisition of land voted under Article 36 of the warrant for the 1962 Annual Town Meeting, and the transfer of $100.00 from the unexpended balance of the appropriation for the acquisition of rights and easements in certain land voted under Article 37 of the warrant for the 1961 Annual Town Meeting. Carried Unanimously 9:18 P. M. Article 49. Irving H. Mabee moves for indefinite postponement. Carried Unanimously 9:19 P. M. Article 50. Presented by Irving H. Mabee. Approved VOTED: To amend the Zoning By-Law by adding to sub- by section (a) , R-1 Districts, in Section 5, Permitted Attorney Buildings and Uses, at the end and as a part of paragraph General, 7, the following: Edward W. Brooke, h. Golf courses with the exception of miniature golf, June 7, novelty, pitch and putt installations and golf driving 1963 ranges all of which are hereby expressly prohibited. 9:19 P. M. Mr. Mabee reads the Report of the Planning Board. 9:20 P. M. Motion as presented carried unanimously 9:21 P. M. Alan G. Adams presents Articles 51 to 67, inclusive. VOTED: That articles 51 to 67, inclusive, be taken up together. Carried Unanimously 9:22 P. M. .....-.---_........ 9 a -- - 41.7 Article 51. VOTED: To establish as a town way, and accept the layout of as a town way, Alcott Road from Burroughs Road a distance of 1546 feet, more or less, westerly to Thoreau Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:22 P. M. Article 52. VOTED: To establish as a town way, and accept the layout of as a town way, Baskin Road from Loring Road a distance of 1393 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 7, 1963 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 9:22 P. M. Article 53. VOTED: To establish as a town way, and accept the lay- out of as a town way, Bowser Road from Saddle -Club Road a distance of 966 feet, more or less, southerly to Todd Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:23 P. M. Article 54. VOTED: To establish as a town way, and accept the lay- out of as a town way, Brown Road from Burnham Road a distance of 648 feet, more or less, easterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:24 P. M. Article 55. VOTED: To establish as a town way, and accept the lay- out of as a town way, Burroughs Road from om East Street a distance of 2253 feet, more or less, northerld westerly to Thoreau Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:25 P. M. Article 56. VOTED: To establish as a town way, and accept the lay- out of as a town way, Constitution Road from Oxbow Road a distance of 937 feet, more or less, easterly and south- erly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:25 P. M. Article 57. VOTED: To establish as a town way, and accept the lay- out of as a town way, Cooke Road from Douglas Road a distance of 1540 feet, more or less, to Fulton Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:26 P. M. 827 Article 58. VOTED: To establish as a town way, and accept the lay- out of as a town way, Douglas Road from East Street a distance of 2191 feet, more or less, easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:27 P. M. Article 59. VOTED: To establish as a town way, and accept the lay- out of as a town way, Fulton Road from 170 feet north of Rolfe Road a distance of 655 feet, more or less, north- erly to Douglas Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:27 P. M. Article 60. VOTED: To establish as .a town way, and accept the lay- out of as a town way, Freemont Street from Constitution Road a distance of 503 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 21, 1963, 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 9:28 P. M. Article 61. VOTED: To establish as a town way, and accept the lay- out of as a town way, Jeffrey Terrace from Demar Road a distance of 378 feet, more or less, easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:28 P. M. Article 62. VOTED: To establish as a town way, and accept the lay- out of as a town way, Lillian Road from 240 feet south of Anthony Road a distance of 232 feet, more or less, southerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:29 P. M. Article 63. VOTED: To establish as a town way, and accept the lay- out of as a town way, Oxbow Road from Revolutionary Road a distance of 2030 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, -1963, 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 9:29 P. M. Article 64. VOTED: To establish as a town way, and accept the lay- out of as a town way, Roosevelt Road from 200 feet west of Wilson Road a distance of 128 feet, more or less, westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:30 P. M. 828 Article 65. VOTED: To establish as a town way, and accept the lay- out of as a town way, Saddle Club Road from Grant Street a distance of 938 feet, more or less, easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:30 P. M. Article 66. VOTED: To establish as a town way, and accept the lay- out of as a town way, Ross Road from Paul Revere Road a distance of 956 feet, more or less, to Oxbow Road as laid out by the Selectmen and shown upon a plan on_,file in the office of the Town Clerk, dated January 7, 1963, 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 9:31 P. M. Article 67 . VOTED: To establish as a town way, and accept the lay- out of as a town way, Todd Road from Grant Street a dis- tance of 750 feet, more or less, easterly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:31 P. M. Irving H. Mabee reads Report of the Planning Board approving motions under Articles 51 to 67 inclusive. 9:32 P. M. VOTED: To raise and appropriate for land acquisition and for construction of the ways enumerated in articles 51 to 67, inclusive, the sum of $500.00. Carried Unanimously 9:32 P. M. Lincoln P. Cole, Jr. presents Articles 68 to 73, inclusive. VOTED: That articles 68 to 73, inclusive, be taken up Carried Unanimously 9:33 P. M. Article 68. VOTED: To establish as a town way, and accept the layout of as a town way, Ames Avenue from Carville Avenue a distance of 600 feet, more or less, easterly to Baker 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 7, 1963, 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 9:33 P. M. Article 69. VOTED: To establish as a town way, and accept the lay- out of as a town way, Drew Avenue from Bow Street a distance of 270 feet, more or less, westerly to Cliffe 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 7, 1963, 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 9:34 P. M. Article 70VOTED: To establish as a town way, and accept the lay- out of as a town way, Eastern Avenue from School Street a distance of 1135 feet, more or less, easterly to Fair- land Streetaslaid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:34P. M. Article 71. VOTED: To establishas a town way, and accept the lay- out of as a town way, Freemont Street from Cedar Street a distance of 1290 feet, more or less, southwesterly to Battle Green Village Development 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 7, 1963, 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 9:35 P. M. Article 72. VOTED: To establish as a town way, and accept the lay- out of as a town.way, Manning Street from Bedford Street a distance of 505 feet, more or less, westerly to Milk Street 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 7, 1963, and to authorize the Selectmento take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:35 P. M. Article 73. VOTED: To establish as a town way, and accept the lay- out of as a town way, Winter Street from Rangeway a distance of 481 feet, more or less, westerly as laid out by the Selectmen under the Betterment Act andshownupon a plan on file in the office of the Town Clerk, dated January 7, 1963, 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 9:35 P. M. Irving H. Mabee reads Report of the Planning Board approving motions under Articles 68 to 73, inclusive. 9:36 P. M. VOTED: To raise and appropriate for land acquisition and for construction of the ways enumerated in articles 68 to 73 , inclusive, the sum of $91,700.00. Carried Unanimously 9:40 P. M. Alan G. Adams moves that Article 39 be taken up now. Carried Unanimously 9:40 P. M. Article 39. Presented by Alan G. Adams. VOTED: To change to Volunteer Way the name Winter Street, for that part of an accepted way extending from Grove Street southwesterly as shown on two plans on file in the office of the Town Clerk, one of which plans is entitled "Plan of Winter St. , Lexington, Mass.", dated Sept. 7, 1957, Richard J. Gayer, Town Engineer, and the other of which plans is entitled "Plan of Winter Street, Lexington, Mass." , dated Jan. 7, 1963, John J. Carroll, Town Engineer. Carried Unanimously 9:42 P. M. Article 74. Presented by Homer J. Hagedorn. I move to amend the General By-Laws of the Town of Approved Lexington by adding one new section under Article XXII, by Removal of Snow and Ice, substantially as follows: Attorney General, Section 1A. No owner or agent having charge of any Edward W. building abutting on a sidewalk, within the limits here- Brooke , inafter defined, shall place, or permit or suffer to June 7, remain for more than four hours between sunrise and sun- 1963 set, any snow or ice upon such sidewalk, unless such ice is made even and covered with sand, sawdust, earth or ashes to prevent slipping. Until otherwise determined said limits shall be the sidewalks along Woburn and Lowell Streets within the C-1 District at their intersection. Carried Unanimously 9:48 P. M. r -- chi 3 V Article 75. Presented by Carl Blake. I move that the Town raise and appropriate from the rD tax levy the sum of Two Thousand Five Hundred Dollars to be expended under the direction of the,Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic, established in accordance with , the provisions of Chapter 123 of the General Laws in cooperation with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic. 10 P. M. Rufus L. McQuillan speaks for the Board of Health in favor of this article. 10:05 P. M. Carried by voice vote. 10:10 P. M. Article 76. Mark Moore, Jr. moves for ..indefinite postponement. Carried Unanimously 10:11 P. M. Article 77. Mark Moore, Jr. moves for indefinite postponement. Carried Unanimously 10:12 P. M. Article 78. Stephen T. Russian moves for indefinite postponement. Carried Unanimously 10:13 P. M. Article 79. Presented by Hugh M. Chapin. VOTED: That the Town amend the Zoning By Law by ad9i rtg at the end of Section 4 (g) A-1 Garden Apartment and hotel districts the following new paragraph: A district situated on the southerly side of Worthen Road, lying between Massachusetts Avenue and Bedford Street bounded and described as follows: Northwesterly by Worthen Road, 389 feet, more or less; Approved Northeasterly by land now or formerly of Rayco Realty by Trust, 507 feet, more or less; Southeasterly by land now Attorney or formerly of John P. & Loretta B. Whalen and Town of General, Lexington, 389 feet, more or less; Southwesterly westerly by land Edward W. now or formerly of Roman Catholic Archbishop of Boston, Brooke, 427 feet, more or less; said area containing 4.1 acres June 7, more or less. - 1963 10:19 P. M. Mr. Chapin asks the Moderator to recognize Charles H. Cole, 2nd. Mr. Cole gives explanation of this article. 10:24 P. M. Irving H. Mabee reads Report of the Planning Board on this article. 10:26 P. M. Mr. Mabee moves that this article be indefinitely postponed. 10:28 P. M. Mr. Earle Parks requests permission of the Town Meeting Members to speak on the floor in favor of this article. Permission granted. 10:28 P. M. Indefinite postponement declared lost by voice vote. 10:34 P. M. Mr. Chapin asks permission for Mr. L. F. Niles to speak before the meeting. There were no objections. 10:45 P.M. Voice vote not unanimous. 10:59 P. M. Standing vote taken as follows: In Favor Tellers Opposed 21 Frederick E. Tucker 10 32 Harold T. Handley 6 83 Thomas A. Napoli 11 136 �7 Carried 10:55 P. M. 31 Article 80. Irving H. Mabee moves for indefinite postponement. Carried Unanimously 10:55 P. M. Article 81. Alfred P. Tropeano moves for indefinite postponement. Carried Unanimously 10:56 P. M. Article 82. Presented by Alfred P. Tropeano. VOTED: To amend the Building By-Law of the Town of Lexington as follows: Article :`IX, Section 1 by inserting after sub-section B: "1. Modified Second-Class Construction. A building of modified second-class construction shall consist of all Approved exterior walls of masonry, re-inforced concrete or other by equally fire resistive materials, provided that all Attorney bearing walls shall have a minimum fire rating of one General, ( 1) hour, and interior and structural elementswholly or Edward W. partly of wood or of steel or iron which is not protected Brooke, as required for first-class construction." June 7, 1963- Article XI by striking out Section 2 as it appears therein and inserting the following: "Section 2. Second Class and Modified Second Class Construction A. Every building hereafter constructed or altered, and every extension of or addition to every building now existing or hereafter constructed or altered, to be used as a public building, store, school, office building, factory or mercantile establishment, shall be of not less than second-class construction. B. Every apartment building if less than three stories in height hereafter constructed or altered and every extension of or addition to every such apartment now existing or hereafter constructed or altered shall be of not less than modified second-class construction". Carried Unanimously 11 P. M. i I , Article 83. Presented by We ant Wathen-Dunn. MOTION: To amend the Zoning By-Law by adding at the end of paragraph 22 of Section L. ( c) C 1 - Local business districts, the following sentence: Provided, however, that the distance extended along the southeasterly side line of Woburn Street in a southwesterly direction from the southwesterly intersection of Woburn and Lowell Streets shall be 267.30 feet. 11:02 P. M. Mr. Dunn tells the Town Meeting Members to vote against the article. 11:08 P. M. Permission is asked for Mr. Christoforo, Attorney for Irving Currier, to speak on the floor. 11:08 P. M. Irving H. Mabee reads Report of the Planning Board on this article. 11:12 P. M. There were no objections to Mr. Christoforo speaking. 11:15 P. M. Voice vote not unanimous. 11:15 P. M. Standing vote taken as follows: In Favor Tellers Opposed 6 Frederick E. Tucker 2L. 1 Harold T. Handley 26 Thomas A. Napoli 20 12 Lost 11:17 P. M. '32 Article 84. VOTED: To extend to the 1964 Annual Town Meeting the L711 Presented time within which the Historic Districts Study Committee by appointed under Article 8 of the Special Town Meeting of Alan G. January 28, 1963 shall report. Adams Carried Unanimously 11:18 P. M. Article 85. Alan G. Adams moves that this article be indefinitely postponed. Carried Unanimously 11:18 P. M. Alan G. Adams moves that the meeting be dissolved. 11:18 P. M. / 1 ... 44E11 ,v4A P 4wn Clerk amu) ATTORNEY GENERAL' S APPROVAL OF ARTICLE 34 AS PASSED AT THE ANNUAL TOWN MEETING HELD MARCH 18, 19613 ARTICLE 34 AS PASSED AT THE ANNUAL TOWN MEETING HELD MARCH 18, 1963 Article 34. VOTED: To amend the Building By-Law as follows: 1. By inserting in ARTICLE III thereof at the beginning of the sentence defining the word "Basement" the following words "Unless otherwise provided," so that said definition shall read as follows: BASEMENT: Unless otherwise provided, that portion of a building that is partly or wholly below the finished grade andwhich has a minimum of one half its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. 2. By inserting at the end of Section 2.D. of ARTICLE XX thereof the following sentence: For the purpose of this Section 2.D. , the word "base- ment" shall mean that portion of a building that is wholly or partly below the finished grade of the ground adjoining the building. 3. By adding to Section 4.B. of ARTICLE XIV thereof the following: h. In a one-story building, or a one-story portion of or addition to a building of two or more stories, the minimum thickness of any wall which does not exceed forty (40) feet in length if unsupported laterally in a manner approved by the Building Inspector as adequate to furnish the necessary support and which does not exceed ten (10) feet in height need not exceed eight (8) inches, provided such one-story building or one- story portion of or addition to a building of two or more stories does not exceed one thousand (1000) square feet in area. Carried Unanimously 9:11 P. M. /Signed/ James J. Carroll Town Clerk Lexington, Mass. , March 21, 1963 . I , James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 34 passed at the Annual Town Meeting held March 18, 1963 and as same appears on record. MM /Signed/ James J. Carroll Town Clerk Boston, Mass. , May 7, 1963 The foregoing amendment to building by-law is hereby approved. /Signed/ Edward W. Brooke Attorney General Thomas G. Gibian resiged as a Town Meeting Member in Precinct Two as of May 15, 1963. Donald L. MacGillivray, 37 Charles Street, was moved up, and has accepted, filling the vacancy caused by Mr. Gibian' s resignation. Term ends in March, 1964.