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HomeMy WebLinkAbout1964-11-23-STM-min 1 SPECIAL ELECTION, TOWN MEETING MEMBERS, PRECINCT SIX NOVEMBER 23, 1964 Special Election for Town Meeting Members of Precinct Six to fill a vacancy (caused by the death of Thomas A. Napoli) for a term ending in March, 1965. Meeting called to order in Estabrook Hall at 7:30 P. M. by James J. Carroll, Town Clerk. There were nineteen Town Meeting Members from Precinct Six present. Martin Lichterman, 5 Constitution Road, was nominated and duly seconded to fill the vacancy. There were no further nomina- tions, so nominations duly closed and seconded. Martin Lichterman was unanimously elected. wn Clerk Lexington, Mass., November 23, 1964 Ii To the Town Clerk: I, Martin Lichterman, hereby accept my election as a Town Meeting Member from Precinct Six for a term ending in March, 1965. /Signed/ Martin Lichterman 5 Constitution Road Lexington, Mass. (SEE' WARRANT BOOK) SPECIAL TOWN MEETING HELD NOVEMBER 23, 1964 Meeting called to order at Cary Memorial Hall at 8:07 P. M. by Moderator, Charles E. Ferguson. Invocation offered by Rabbi Herbert Rosenblum. 8:08 P. M. There were 176 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived. 8:10 P. M. Town Clerk, James J. Carroll, read the Constable's Return for the meeting. 8:10 P. M. Article 1. J. Harper Blaisdell, Jr. presented the Report of the Appropriation Committee, was accepted and placed on file. 8:11 `P. M. Van T. Boughton, Jr. presented the Report of the Capital Expenditures committee which was voted to be accepted and placed on file. 8:11 P. M. Article 2. Presented by Jules P. Sussman. VOTED: To appropriate an additional sum of $3,000.00 to the Conservation Fund established by vote under Article 9 of the warrant for the Special Town Meeting held on June 8, 1964, and provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:12 P. M. Article 3. Presented by Jules P. Sussman. VOTED: That the Conservation Commission, appointed under authority of the vote adopted under Article 9 of the warrant for the Special Town Meeting held on November 25, 1963, be and hereby is authorized, on behalf of the Town, to expend from the Conservation Fund, established by vote under Article 9 of the warrant for the Special Town Meeting held on June 8, 1964, the sum of $3,000.00 for the purchase, in the name of the Town, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, a parcel of land shown as Lot B-2 on plan entitled "Plan of Land in Lexington, Mass.", dated October 16, 1964, by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors. Carried Unanimously 8:16 P. M. Article 4. Presented by Lincoln P. Cole, Jr. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:17 P. M. Article 5. Presented by Robert C. Hargrove. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:18 P. M. Article 6. Presented by Robert C. Hargrove. 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 enter into a contract or contracts- for the construction-and original equipping and_furnishing- of a new elementary school school building on land situated on the southwesterly side of Middleby Road that was acquired for sehool_':and other public purposes -n1958, and to supervise the work; and that the sum of $1,345,000.00 be appropriated therefor and that paymentbeprovided by the issue of bonds or notes of the Town for the sum of $1,345,000.00; and that 402 Article 6. the Treasurer, with the approval of the Selectmen, be F ` (Cont. and he hereby is authorized to borrow the sum of $1,345,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates. Carried Unanimously 8:23 P. M. Article 7. Presented by Robert C. Hargrove. 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 enter into a contract or contracts for the construction and original equipping and furnishing of a new elementary school building on land situated on and off Moreland Avenue that was acquired for school and other public purposes in 1962, and to supervise the work; and that the sum of $1,510,000.00 be appropriated and that payment be provided by the issue of bonds or notes of the Town for the sum of $1,510,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $1,510,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of`"Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates. Carried Unanimously 8:38 P. M. Article 8. Presented by Lincoln P. Cole, Jr. VOTED: To authorize, subject to leave of the General Court, theuse, for the erection of a public facilities and information building that will exceed 600 square feet in area on the ground, of a part of the Buckman Park land that was acquired by the Town by deed of Thomas M. Stetson et al dated July 23, 1913, recorded in Middlesex South District Registry of Deeds, Book 3809, Page 270, and to authorize the Selectmen to petition the General Court for legislation granting such `leave.. Carried Unanimously 8:39 P. M. Article 9. Presented las; Leslie H. York. VOTED: That the committee appointed under authority of the vote adopted under Article 32 of the warrant for • the 1963 Annual Town Meeting, be and hereby is author- ized on behalf of the Town, to prepare final plans and specifications, obtain bids for the construction of a public facilities and information building on land in or near the Battle Green District, so-called; and that the sum of $2,000.00 be appropriated therefor, and that pay- ment be provided by transfer from the Excess and De- ficiency Account. Declared carried by voice vote. 8:43 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 30 Alfred L. Viano 2 68 J. S. Nason Whitney 22 28 Van T. Boughton, Jr. 6 126 30 Motion declared adopted. 8:45 P. M. Article 10. Presented by Lincoln P. Cole, Jr. VOTED: -That the Selectmen be and hereby are author- ized on behalf of the Town toacquire by purchase, eminent domain or otherwise, or by lease, not to exceed five years, for the purpose of establishing an off- street parking area, and access thereto, all or any part of land or interest therein situated on Waltham Street in Lexington and shown as Lot A on a plan recorded in Middlesex South District Registry of Deeds, Book 10436, Page 153, and containing 10,436 square feet according to said plan, and appropriate for such land acquisition and construction and operation of the parking area the sum of $46,500.00 and to provide for payment thereof by transfer from the Excess and De- ficiency Account. Carried by voice vote. 8:59 P. M. Article 11. VOTED: That the, sum_ of $20,000.00 be appropriated under the authority of Chapter 570 of the Aets of 1962, to be used in conjunction with.. and in addition to the Presented money appropriated in the vote adopted under Article 31 by of the warrant for the Annual Town Meeting held March Lincoln P. 16, 1964, to be expended by the Selectmen for re- Cole, Jr. imbursing subdividers for part of the cost of con- structing ways orinstalling municipal services, as required by. the Planning Board- in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater_.width or. size than required to serve onlythe subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and to provide for payment thereof by transfer from. the Excess and Deficiency Account. Carried by voice vote. 9:11 P. M. Article 12. Presented by Lincoln. P . Cole, Jr. . VOTED: That the sum of $16,500.00 be and hereby is appropriated as a supplementary_appropriation to be used in conjunction withand inadditionto the money appropriated in the vote adopted under Article 8 of the Special Town Meeting heldonJune 8, 1964, for in- stallation of sewer and water mains, conduits and drains underthe portion of Route 2 tobereconstructed in the Town and under any roads constructed in the Town in connection therewith as authorized by vote under said Article 8, and provide for payment thereof by transfer from the Water Department Available Surplus. Carried Unanimously 9:15 P. M. Article 13. Presented by Lincoln P. Cole, Jr. . . . VOTED: That the Selectmen be and they hereby are authorized to obtain preliminary plans and specifica- tions for alterations and additions to the Public Works Building on Bedford Street; and toappropriatetherefor the sum of $2,000.00, and to provide for payment thereof by transferfrom the Excess and Deficiency Account. 9:15 P. M. Amendment presented by Allen Lee Whitman, Jr. as follows : "I move to refer the main substantive motion to the Planning Board for study and consideration with the Superintendent of Public Works." Amendment declared lost by voice vote. 9:21 P. M. Main motion, as presented by Mr. Cole, declared carried by voice vote. 9:21 P. M. 04 Article 14. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are F" authorized in the name and on behalf of the Town to enter into an agreement to convey, and to convey, to the Trustees of the Minute Man Park Realty Trust under a Declaration of Trust dated June 18, 1963 and recorded in Middlesex South District Registty of Deeds, Book 10292, Page 107, the land on Meriam Street known as the Old Fire Station Site, such conveyance to be in con- sideration of the conveyance by said Trustees to the Town of a parcel of land situated on the northeasterly side of Massachusetts Avenue between Meriam Street and Depot Square in Lexington and having a uniform width of 15 feet as measured at right angles between the lines, and said agreement and conveyance to be upon such other terms and conditions as the Selectmen may determine. 9:25 P. M. Carried by voice vote. 9:31 P. M. Robert B. Kent asked for reconsideration of Article 14. 9:32 P. M. Reconsideration of Article 14 voted on and declared carried by voice vote. 9:33 P . M. Benjamin S. Goldstein moves for indefinite postpone- ment of Article 14. which was lost by voice vote. 9:40 P. M. Main motion under Article 14 as presented by Mr. Cole, carried by voice vote. 9:40 P. M. Article 15. VOTED: That the Selectmen be and they hereby are auth- orized in the name and on behalf of the Town to accept Presented a deed conveying to the Town two parcels of land on by Lillian Road shown as Parcel A and Parcel B on a plan Lincoln P. entitled "Plan of Parcels A and B Lillian Road, Cole, Jr. Lexington, Mass. ", dated October 22, 1964, John J. Carroll, Town Engineer. Carried Unanimously 9:45 P. M. Article 16. Presented by J. Harper Blaisdell, Jr. VOTED: To amend Article XIII, Section 4, paragraph 1, of the General By-Laws by striking out said paragraph (Approved and inserting in place thereof a new paragraph to read by as follows : _ Attorney General, The committee shall prior to each annual meeting for Edward W. the transaction of business, prepare, publish and Brooke, distribute by mail to each dwelling house and to each December dwelling unit in multiple dwelling -houses, apartment 8, 1964.) buildings or other buildings in the Town a budget showing in detail the anticipated income and expenditures of the Town for the then current year, together with its advice and recommendations with reference to the various appropriations, of_ the Town funds. The committee may include in its report advice and recommendations as to any other municipal matters coming before such Town Meeting. 9:46 P. M. Sanborn C. Brown presents the following amendment: "I move to amend Article 16 as follows: To insert after the word "mail" the words "to each elected Town Meeting Member," so that the first sentence shall read MIN "The 16. committee shall prior to each annual meeting (Cont.) for the transaction of business, prepare, publish, and distribute by mail to each elected Town Meeting Member, to each dwelling houseandto each dwelling unit in multiple dwelling houses, apartment building or other building in the Town a budget showing in detail the anticipated income and expenditures of the Town for the then current year, together with its advice and recommendations with reference to the various appropriations of. the Town. funds." 9:47 P. M. James F. Flynn moves to amend Mr. Brown' s amendment by inserting before the word "prior" in the first line the wordst'notless than. ten days".. . 9:49 P. M. Mr. Flynn' s amendment declared lost by voice vote. 9:54 P. M. Mr. Brown's amendment declared lost by voice vote. 9:55 P. M. Main motion as presented by- Mr. Blaisdell carried unanimously. 9:55 P. M. Article 17. Presented by Robert E. Meyer. I move that the Town vote to amend the Zoning By- laws by adding at the end of Section 4.(g) A-1 -- garden apartment district, the followingnew paragraph: (Approved by A district on the Southwesterly side of Shirley Street Attorney and being. `shown as Lot- B on a plan -by Albert A. Miller General, and Wilbur C. Nylander, Civil Engineers and Surveyors, Edward W. dated October 8, 1964 and being further bounded and Brooke, described as follows: December. 8, 1964.) ShBeginninat a geat at oint at of Johnhe Northwesterly corner of F. Murphy: thence running Northwesterly by said land of Murphy, 123.34 feet to a point thence turning and running, Southwesterly by Lot C as shown on said plan and by land,.of Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. Bullock and by land of Arthur C. Ruge and Florence B. Ruge, 820.81 feet to other land of, said Arthur. C. Ruge and Florence B. Ruge; thence turning and running South- easterly by other land of Arthur C. Ruge and Florence B. Ruge, 277,06 feet to a point; thence turning and running Northeasterly by Lot-A as shown on said plan 857.98 feet to the Westerly corner of land of Custance Brothers Inc. ; thence running Northeasterly by said land of Custance Brothers Inc. 152.85 feet to land of Alice T. McCarthy; thence turning and running Northwesterly by land of Alice T. McCarthy by two bounds, 50.36 feet and 114.20 feet and by land of Edward P . Colbert and Gloria D. Colbert, 120 feet and by land of owner. unknown, 117.29 feet . to land of Waltar F. Spellman and Mary A. Spellman; thence turning and running Southwesterly by land of Walter F. Spellman and Mary A. Spellman and land of John R. Driscoll, Jr. and Kathleen Driscoll and by land of Albert J. Saganich, 150.75 feet to a point; thence turning and running Northwesterlyby said land of Albert J. Saganich, 136.15 feet and by the Southwesterly side line of Shirley Street, 40.14feetto the point of beginning. 9:58 P. M. Robert E. Meyer presented the Report of the Planning Board covering Article 17. 10 P. M. Voice vote not unanimous. 10:05 P. M. Standing vote taken as follows: 43 Article 17. In Favor Tellers Opposed (Cont.) 31 Alfred L. Viano 0 82 J. S. Nason Whitney 1 32 Van T. Boughton, Jr. 1 145 2 Motion adopted 10:06 P. M. Article 18. Presented by Robert C. Meyer. VOTED: To name new public ways and to change the names of existing ways- in the Town of Lexington- as follows: a. To name Hayden Avenue the way laid out by the Commonwealth of Massachusetts a distance of 5362 feet, more or less,_ between Spring Street and Waltham Street north of Cambridge-Concord Highway. Carried Unanimously 10:06 P. M. b. To name Concord Avenue the way laid out by the Commonwealth of Massachusetts a distance of 1229 feet, more or less, westerly from Concord Avenue to Spring Street. Carried Unanimously 10:06 P. M. c. To name Piper Road the way laid out by the Commonwealth of Massachusetts a distance of 358 feet, more or less, easterly from Waltham Street, and to change to Piper Road the name Blossom Street for that part of a public way extending easterly and northeasterly a distance of 320 feet, more or less, from the easterly end of the aforesaid way to near Cambridge-Concord Highway. Carried Unanimously 10:07 P. M. d. To name Vineyard Avenue the way laid out by the Commonwealth of Massachusetts extending, in part, westerly a distance of. 1225 feet, . more or less, from existing Vineyard Avenue, and extending, in part, easterly a distance of 263 feet, more or less, from Blossomerest Roadd an to change to Vineyard Avenue the name Blossom Street for a distance of 990 feet, more or less, between the - aforesaid ways. Mr. Robert E. Meyer moves for indefinite postpone- ment of section d. Indefinite postponement carried. 10:07 P. M. e. To change to I. , Lane the name Wellington Avenue for a distance of 4;0 feet, more or less, northerly from Pleasant Street to near Cambridge-Concord Highway. Carried Unanimously 10:08 P. M. f. To name Wellington Lane Avenue that portion of Lawn Avenue laid out as- a part of the Wellington Lane Avenue cul-de-sac at Cambridge-Concord Highway.. Carried Unanimously 10:08 P. M. g. To change to Kimball Road the name Hickory Street, a partially constructed private way extending westerly and northwesterly a distance of. 1012 feet, more or less, from Kimball Road to Garfield. Street. Voice vote doubted by the Moderator, so standing vote taken as follows: In Favor - Tellers Opposed 12 _ James F. Fenske 18 23 J. S. Nason Whitney 58 25 Van T. Boughton, Jr. 8 6o 84 Motion declared lost 10:15 P. M. Article 18. h. To change to Rolling Lane the name Robbins Avenue, ( Cont. ) an existing private way between School Street and Fairland Street. Carried Unanimously 10:15 P. M. i. To change to Glen Road South the name of that portion of Glen Road, an existing private way, located be- tween Oakland Street and Grant Street. Carried Unanimously 10:16 P . M. j. To change to Winship Road the name of that unaccepted portion of Cummings Avenue which extends westerly 315 feet, more or less, and easterly 160 feet, more or less, from Hillcrest Avenue Carried Unanimously 10:17 P. M. k. To change to Mayflower Street the name of that portion of Blossom Street extending northerly from Cambridge- Concord Highway a distance of 170 feet, more or less. Carried Unanimously 10:17 P. M. Article 19. Presented by Lincoln P. Cole, Jr. . VOTED: To appropriate the sum of $5,000.00 for payment of medical expenses incurred by members of the Police and Fire Departments injured in the line of duty, and provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 10:20 P. M. Article 20. Presented by Robert E. Meyer. VOTED: To amend the Zoning By-Law by adding at the end of paragraph 2, subsection (f) of Section 5 the following new subparagraph c. (Approved c. Storage and distribution of packaged articles owned by by occupant. All storage to be inside the walls of Attorney buildings of first or second class construction. General, The following are expressly prohibited: Edward W. Brooke, (1) Activities the conduct of which may be disturbing December or detrimental to the health, safety, or welfare of 8, persons working or living in the neighborhood by 1964) 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 vibration; (2) Retail uses, except such uses as are permitted under paragraph a. of this subsection and except the incidental sale at retail of parts or components necessary for the maintenance or operation of articles stored and distributed; (3) Outdoor storage; and (4) Outdoor overnight parking of freight-carrying or material-handling vehicles and equipment except in areas specifically designated therefor in the Find- ing and Determination by the Board of Appeals. 10:22 P. M. Mr. Meyer presents the Report of the Planning Board covering this article. 10:23 P. M. Voice vote on main motion not unanimous, so standing vote taken- as- follows In Favor Tellers Opposed 28 James F. Fenske 3 76 J. S. Nason Whitney 0 33 Van T. Boughton, Jr. 5 137 - - 8 Main motion adopted 10:31 P. M. Article 21. Presented by Robert E. Meyer. VOTED: To amend the Zoning By-Law Law of the Town of Lexington as follows: 1. By striking out subparagraph c. in paragraph 7, subsection (a) of Section 5 thereof and by substituting there- for a new item c. reading as follows: (Approved "c. Hospitals, sanitaria, nursing, convalescent and by rest homes, homes for the aged, charitable in- Attorney stitutions, private schools, non-commercial General, non-profit clubs, places and buildings for Edward W. public assembly, and cemeteries." Brooke, December II. By adding the following new paragraph 5 in 8, subsection (a) of Section 8 thereof: 1964) - 5. Uses listed in subparagraphs c., d. , e., f., or g. of paragraph 7 in subsection (a) of Section 5 shall meet such requirements as to building area, yards, parking, screening, population density and the like as may be imposed by the Board of Appeals to make the proposed use compatible with the general character of the district. In R 1 and R 2 districts these requirements shall include, but shall not benecessarilylimited to, the following: a. No more than 15% of the area of a lot shall be built upon. b. Between the buildings and each street on which a lot abuts there shall be a front yard of at least 30 feet for lots having an area of less than one acre, a front yard of at least 40 feet for lots having an area of at least one acre but less than five acres, and a front yard of at least 50 feet for lots having an area of five acres or more. c. There shall be side and rear yards of at least 20 feet, which minimum is to be in- creased 1 foot for every 1/2 acre or major fraction thereof over 1/2 acre. d. Suitable plantings, fences, hedges or screens shall be required by the Board of Appeals within side and rear yards to screen parking and loading areas from abutting residences. e. The number of off street automobile parking spaces shall be adequate for the design capacity or intended use of buildings and land. Each parking space shall be at least 10 feet wide and 200 square feet in area, and free and unimpeded access shall be provided to each parking space. The number of driveway openings onto streets shall be kept. to. a minimum. There shall be no parking within the required minimum front, side or rear yards. . 10:34 P. M. Mr. Meyer presented the. Report of the Planning Board covering this article. 10:35 P. M. Ephraim Weiss makes the following amendment: Strike (remove) : - "Sanitaria, nursing,- convalescent and rest homes". 10:43 P. M. Amendment declared lost by voice vote. 10:50 P. M. 43 Article 21. James F. Flynn moves the previous question. (Cont.) Carried by voice vote. 10:56 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opzosed 21 James F. Fenske 8 62 J. S. Nason Whitney 24 20 Van T. Boughton, Jr. 12 103 L44 Main motion, as presented by Mr. Meyer, adopted. 11 P. M. Article 22. Robert E. Meyer moves for indefinite postponement of this article. Carried Unanimously 11 P . M. Lincoln P. Cole, Jr. moves that the meeting be dissolved. Carried Unanimously 11 P. M. 9 i .C� 't //44-14///1/ Town Clerk January 22, 1965 Town Clerk, Town Treasurer, James J. Carroll died January 22, 1965. On the same date the Board of Selectmen appointed Mary R. McDonough Temporary Town Clerk and Temporary Town Treasurer until a Town Clerk and Town Treasurer are duly elected to both offices . \Temporary Town Clerk