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HomeMy WebLinkAbout1964-03-16 to 1964-03-25-ATM-min 1� ANNUAL TOWN MEETING HELD MARCH 16, 1964 Meeting called to order by the Moderator, Charles E. Ferguson at 8:10 P. M. Invocation offered by Rev. Thomas E. MacLeod, Jr. 8:10 'P. M. There were 192 Town Meeting Members present. James J. Carroll, Town Clerk, read the warrant for the meeting until further reading was waived by the Moderator. 8:12 P . M. James J. Carroll read the Constable' s Return of the warrant. 8:12 P. M. Article 2. Donald P. Noyes, Chairman, Appropriation Committee presents the following: VOTED: That the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Presented by Robert M. Gary, Chairman: VOTED: That the report of the Capital Expenditures Committee be accepted and placed on fes;. Carried Unanimously 8:13 P . M. Donald P. Noyes refers to some changes of the Appropriation Committee Report. Alan S. Hodges presents: VOTED: That the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Carried Unanimously 8:14 P. M. Presented by Leslie H. York: VOTED: That the report of the Public Facilities Committee be accepted and placed on file. Carried Unanimously 8:15 P . M. Allan Green presents Progress Report of the General By-Laws Committee to be accepted and placed on file. Carried Unanimously 8:15 P. M. Presented by Wilbur M. Jaquith: VOTED: That the report of the Committee to make a study of the Historic Districts be accepted and placed on file. Carried Unanimously 8:16 P . M. Unless otherwise noted, all articles presented by Lincoln P. Cole, Jr. , Chairman of the Board of Selectmen. Article 3. VOTED: That a Committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. Carried Unanimously 8:16 P. M. 9 5 1 t3q 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 $ 29, 724.00 Expenses 5,875.00 Printing Town Report 3,000.00 Elections 13,120.00 Insurance 55,500.00 Town Employees Group Insurance 60,200.00 Out of State Travel 500.00 Medical Expenses - Police and Fire 1,000.00 8:17 P. M. Town Clerk & Treasurer' s Department Personal Services 15,278.00 Expenses 1,800.00 Elections 1,500.00 Vital Statistics- ' 100.00 Parking Meters - Expenses 100.00 ( This amount to be transferred from the Parking Meter Fund) Out of State Travel 300.00 8 :18 P . M. Collector' s Department Personal Services 10, 681.00 Expenses 2,575.00 Metered Mail 5,300.00 8:19 P. M. Trustees of Public Trusts Expenses 350.00 8: 19 P . M. Accounting Department Personal Services 14,816.00 Expenses 880.00 Out of State Travel 100.00 8:20 P. M. Assessors ' Department Personal Services - 22,094.00 Expenses 2,940.00 Out of State Travel 100.00 8:20 P. M. Law Department Personal Services 4,000.00 Special Counsel Fees 10,000.00 Special Fees 5,000.00 Expenses 3,000.00 8:20 P. M. Appropriation Connittee Expenses 5,200.00 8:20 P. M. Board of Appeals Personal Services 2,139.00 Expenses 2, 170.00 8:21 P . M. 852 Article 4. Board of Retirement (Cont. ) Accrued Liability S 44,395.00 Expenses 843.00 C7) 8:21 P. M. Health Department Personal Services 11,172.00 Expenses 9,875.00 Engineering 500.00 Animal Inspection - Personal Services 1,290.00 Rabies Clinic 1,030.00 Out of State Travel 200.00 Mystic Valley Mental Health 2,500.00 8:21 P. M. Dental Clinic Personal Services 7,170.00 Expenses 800.00 8:22 P. M. Town Celebrations Committee Expenses 5,300.00 8:22 p. M. Planning Board Personal Services 10,014.00 Expenses 4, 700.00 8:22 P . M. Recreation Committee Personal Services 17,428.00 Expenses 5,600.00 8:22 P. M. Board of Registrars Personal Services 3,500.00 Expenses 1,800.00 8:23 P . M. Capital Expenditures Committee Expenses 50.00 8:23 P. M. Historic Districts Commission Expenses 400.00 8:23 P . M. Standing School Building Committee Expenses 500.00 8:23 P . M. Conservation Commission Expenses 100.00 8:23 P. M. Police Department Personal Services 271,533.00 Expenses 22,670.00 Out of State Travel 160.00 Radar Machine 990.00 Parking Meter Maintenance 600.00 ( This amount to be transferred from the Parking Meter Fund) 8:24 P. M. 853 Article L . Dog Officer (Cont. ) Personal Services 550.00 Expenses 700.00 8 :24 P . M. Fire Department Personal Services 293,809.00 Expenses 35,170.00 Ambulance Maintenance 650.00 8:24 P . M. Forest Fires Expenses 500.00 8:24 P. M. Civil Defense Personal Services 6,858.00 Expenses 11,530.00 Out of State Travel 225.00 8:25 P. M. Inspection Department Personal Services 20,636.00 Expenses 1, 770.00 Out of State Travel 175.00 825p . M. Weights & Measures Personal Services 1,500.00 Expenses 545.00 8:25 P . M. Public Works Department Personal Services 346, 726.00 8:25 P . M. Public Works - Superintendent' s Office Personal Services 47,537.0o Expenses 2,210.00 Out of State Travel 200.00 8 :25 P . M. Engineering Department Personal Services 57, 775.00 Expenses 3,650.00 8:25 P . M. Town Offices & Cary Memorial Building Personal Services 17,236.00 Expenses 26,500.00 8:25 P. M. Rental Properties Maintenance 1,000.00 8:25 P . M. Public Works Building Expenses 7,525.00 8 :26 P. M. 3'54 CZ Article 4. Highway Maintenance (Cont. ) LIT,r1 Expenses $ 80,000.00 (Transfer $250.00 from Parking Meter Fund) 8:26 P. M. Road Machinery Wages & Expenses 49, 650.00 8 :26 P. M. Snow Removal Wages & Expenses 60,000.00 8:26 P. M. Traffic Regulation & Contpol Expenses 13,500.00 8:26 P . M. Street Lights Expenses 77,400.00 8:26 P . M. Street Signs Expenses 1,000.00 8:26 P. M. Sewer Maintenance Expenses 36, 705.00 8:26 P . M. Sewer Services Expenses 19,000.00 8:26 P. M. Garbage Collection Expenses 52,833.00 8 :26 P . M. Sanitary Land Fill & Completion of Dump on Lincoln Street Expenses 31,500.00 8:27 P. M. Water Maintenance Expenses 38,105.00 8:27 P. M. Water Services Expenses 10,000.00 8:27 P. M. Park Department Expenses 35,650.00 8 :27 P. M. Insect Suppression Expenses 2, 700.00 8:28 P . M. Shade Tree Expenses 8,300.00 8:28 P. M. r Article 4. Dutch Elm Disease (Cont. ) Expenses $ 2,550.00 8:28 P . M. Question by Haskell W. Reed concerning the amount of money for Personal Services, Public Works Department. Explanation by Mr. Cole. School Operation Personal Services 3,970,474.00 Expenses 774,918.00 Out of State Tra'vel' 7,370.00 Athletics 53,125.00 Vocational Education - Tuition - Transportation 12,250.00 Adult Education 10, 700.00 8:44 P . M. Cary Memorial Library Personal Services 129,900.00 Expenses 48,621.00 ( To which will be added $2,978.94 from Dog License Fund) 8:V1 P . M. Public Welfare Personal Services 8,121.00 Administration 625.00 Aid & Expenses 11,000.00 8:45 P . M. Disability Assistance Expendes 6,000.00 8:45 P . M. Aid to Dependent Children Expenses 8,800.00 8:45 P . M. Old Age Assistance Expenses 19,000.00 8 :45 P . M. Medical Assistance to the Aged Expenses 56,250.00 8:45 P. M. Veterans ' Benefits Personal Services 3,000.00 Administration 350.00 Aid & Expenses 10,000.00 Grave Registration 250.00 Soldiers ' Burials 250.00 8:45 P . N. Cemetery Department Personal Services 5, 728.00 Wages & Expenses 38,500.00 (Of which $4,000.00 is to be transferred from the Westview Perpetual Care Fund) 8:45 P . M. - OU Article 4. Payment on Debt ( Cont. ) Interest $ 340,000.00 (Of which $322.00 is to be transferred from the Parking Meter^Fund) 8:45 P . M. Principal 963,000.00 (Of which 57,000.00 is to be transferred from the Parking Meter Fund) 8:45 P. M. Main motion as presented carried unanimously by voice vote. 8:46 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 5,000.00 Town Treasurer 5,000.00 Town Collector of Taxes 8, 000.00 the increase over the rates established last year to be- come effective April 1, 1964, and to raise and appropriate therefor the sum of $17, 714.00. Carried Unanimously 8:47 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, 1965, and to issue a note or notes therefor payable within one year and to renew any note or notes that may be given for a period of less than one year in accordance with Section 17 of Chapter 44 of the General Laws. Carried Unanimously 8:47 P . M. Article 7. VOTED: That this article "be indefinitely postponed. Carried Unanimously 8:47 P. M. Article 8. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:47 P. M. Article 9. VOTED: To appropriate $40,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer from the Excess and Deficiency Account. Carried Unanimously 8:48 P . M. Article 10. VOTED: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1964. Carried Unanimously 8 :49 P. M. Article 11. VOTED: That the sum of 518,272.76 be raised and app- ropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $16,377.24 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 8:50 P. M. Lincoln P. Cole, Jr. requests that Article 14 be taken up next, if there are no objections. There were no objections . 8 :50 P . M. Article 14. VOTFT): That the Selectmen be and they hereby are authorized ut rued to sell and convey at any time on or before March 15, 1965 the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper. Carried Unanimously 8:50 P . M. r tG Article 12. Lincoln P. Cole, Jr. moves for indefinite postponement. Carried Unanimously 8:51 P. M. Article 13. VOTED: That the Selectmen be and they hereby are auth- orized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 8:51 P. M. Sanborn C. Brown asked for reconsideration of Article 12. Reconsideration carried unanimously 8:51 P . M. Mr. Cole gives explanation of Article 12. Indefinite postponement of Article 12 voted on again and carried unanimously. 8:55 P . M. Article 15. 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 in- stallation and land acquisition the sum of 524, 650.00, and to provide for payment thereof by transfer, from the Water Department Available Surplus. Carried Unanimously 8:56 P . M. Article 16. VOTED: That the Selectmen be and they hereby are auth- orized to install sewer mains , subject to the assessment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may detei.mine, 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 thesum of and $508,950.00, that pa anent berovided bythe transfer of $80,220.00 from the Sewer Assessment Fund, and the transfer of 5428, 730.00 from the Excess and Deficiency Account. Carried Unanimously 8:57 P. M. Article 17. VOTED: That the Selectmen be and they hereby are auth- orized to install drains in such accepted or unaccepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise , subject to the assessment or 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 in- stallation and land acquisition the sum of $40,000.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:58 P. M. Article 18. VOTED: That the Selectmen be and they hereby are auth- orized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall deter- mine, where the abutting owner pays one half of the cost, or otherwise; and to appropriate therefor the sum of 525,000.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 9 P . M. Article 19. VOTED:, That the Selectmen be and they hereby are auth- orized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00 and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 9 P . M. 58 Article 20. VOTED: That the sum of $4,500.00 be raised and approp- riated for Chapter 90 highway maintenance. Carried Unanimously 9 P. M. t-rj Article 21. VOTED: That the sum of $130,201.72 be appropriated for the reconstruction of all or any part of Massachusetts Avenue under Chapter 90 highway construction, and that payment be p-rovided by the transfer of S10,000.00 from the Excess and Deficiency Account, by appropriation of the sum of 835, 100.86 received from the State under Chapter 782- of-- the Acts of 1962, by appropriation of the sum of 535,100.86 to be received from the State under Chapter- 822 of the Acts of 1963, and by raising the balance of $50,000.00 in the current tax levy. Carried Unanimously 9:01 P. M. Article 22. VOTED: That this article be indefinitely postponed. Carried Unanimously 9: 01 P . M. Article 23. VOTED: To appropriate the sum of 533,275.00 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 9: 01 P. M. Article 24. VOTED: To enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Department of Public Works when used on various projects carried on under the direction of said Department or other depart- ments of the Town, the amount of said charge not to exceed the amount allowed by the State for the use of similar equipment. Carried Unanimously 9:02 P. M. Article 25. VOTED: That this article be indefinitely postponed. Carried Unanimously 9: 02 P . M. . Article 26. 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 1965 Annual Town Meeting. Carried Unanimously 9: 03 P . M. Article 27. VOTED: That the sum of $7,000.00 be raised and appropriated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section L1A of Chapter 252 of the General Laws. 9:03 P. M. Allen Lee Whitman, Jr. asked if the system was effective. Permission was given to Mr. Armstrong of the Middlesex Mosquitoe Control Project to speak from the floor. 9:05 P. M. Homer J. Hagedorn gives notice of reconsideration on Article 14. 9:05 P.M. Mr. Armstrong spoke on mosquitoe control. 9: 07 P . M. Motion as presented carried 9: 07 P. M. Homer J. Hagedorn moves for reconsideration of Article 14, which was declared lost by voice vote. 9:10 P . M. Article 28. VOTED: That this article be indefinitely postponed. Carried Unanimously 9: 10 P. M. 869 Article 29. 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 9:10 P. M. Article 30. VOTED: That the Town accept a gift in the amount of 51,000.00, under the will of Marion W. Atwood, the income to be used to aid in the care of Munroe Cemetery and in particular for the perpetual care of Lot twenty-one. Carried Unanimously 9:11 P . M. Article 31. VOTED: That the sum of $5,000.00 be appropriated under the authority of Chapter 570 of the Acts of 1962, to be expended by the Selectmen for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than required to serve only the subdivision, the re- imbursement 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 Unanimously 9: 12 P. M. Article- 32. VOTED: That the sum of $10,000.00 be appropriated for the purchase by the Selectmen of a new ambulance and that, in addition, the Selectmen be and hereby are authorized to turn in the present ambulance to apply toward the purchase price, and that said sum of $10,000.00 be, provided by a transfer from the Excess and Deficiency Account. Carried 9:22 P. M. Article 33. MOTION: That the sum of 58,000.00 be appropriated for the purchase of an equipped fire engine for the Fire Department and that said sum be provided by a transfer from the Stabilization Fund. 9:23 P. M. Amendment offered by J. S. Nason Whitney: "$10,000. be appropriated from Stabilization Fund for purchase of new fire engine. " 9:27 P . M. Amendment carried unanimously 9:27 P.M. Main motion as amended: VOTED: That the sum of $10,000.00 be appropriated for the purchase of an equipped fire engine for the Fire Department and that said sum be provided by a transfer from the Stabilization Fund. Voice vote on main motion as amended not unanimous so standing vote taken as follows : In Favor Tellers Opposed 30 Frederick E. Tucker - 4 58 Edward T. Martin 1 54 Ernest A. Giroux 2 34 - Alan G. Adams 1 176 . . 8 Main motion, as amended, adopted. 9:32 P. M. 380 Article 34. VOTED: To change to Holmes Road the name of Alcott Road for that part of an accepted way extending from Burroughs Road a distance of 1516 feet, more or less, westerly to Thoreau Road Carried Unanimously 9: 33 P. M. Article 35. VOTED: To raise and appropriate the sum of S1,300..00 to pay the necessary expenses of the General By-Laws Committee appointed pursuant to the vote adopted under Article 31 ofthe warrant for the 1963 Annual Town Meeting. Carried Unanimously 9 :33 P . M. Article 36. VOTED: To aut .orize the committee appointed pursuant to the vote adopted under Article 32 of the Warrant for the 1963 Annual Town Meeting to retain professional services and prepare preliminary plans, specifications and cost estimates for the construction of public facilities in or near the Battle Green District, so-called, or else- where in the Town; and to raise and appropriate therefor the sum of $1,000.00. Leslie H. York read the report of the public facilities committee. Main motion, carried unanimously 9:42 P . M. Article 37. MOTION: To raise and appropriate the sum of $100.00 to pay the necessary expenses of the Lexington Housing Authority, authorized to be organized pursuant to the vote adopted under Article 6 of the Special Town Meeting held on November 25, 1963. 9:)i)1 P . M. Burton L. Williams,. moves for indefinite postponement of this article, Indefinite postponement carried unanimously 9:45 P . M. Article 38. Presented by Robert E. Meyer. MOTION: That the Selectmen be and hereby are authorized on behalfofthe Town to acquire by purchase, Eminent domain orctherwise, 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 interests 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 10,4.36 square feet according to said plan, and appropriate for such land acquisition and construction and operation of the parking area the sum of $56,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:46 P . M. Slides shown. 9:47 P. M. - Ephraim Weiss makes the following amendment: "I move that the sum of money to be appropriated shall be $30,000.00, and ,that the amount to be used for the ac- quisition of the land shall not exceed S26,500.00. " Amendment lost by voice vote. 10:11 P. M. Donald P . Noyes moves for indefinite postponement. Indefinite postponement carried by voice vote 10: 13 P.M. 861 Article 39. VOTED: , That the Selectmen be and hereby are authorized in the name and on behalf of the Town to convey to the Trustees of Hartwell Lexington Trust under Declaration of Trust dated June 2, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9623, Page 33, two parcels of land, which abut upon land of said trustees, substantially as shown and marked Parcels 10 and 11 on plan entitled "Plan of Land Hartwell Avenue Lexington, Mass. " dated February 7, 1964, John J. Carroll, Town Engineer, and being a part of the land acquired by the Town for a refuse disposal site and for sewer, water, drain and street purposes by order of the Board of Selectmen dated January 22, 1962 and recorded in said Deeds, Book 9974, Page 500, and no longer re- quired by the Town, such conveyance to be in consideration of the conveyance by said trustees of two parcels of land substantially as shown and marked Parcels 8B and 8c on said plan, and release by said trustees to the Town of all claims for damages arising from the taking by the Town of rights and easements for the purpose of providing access to said refuse disposal site, said taking having been made by order of the Board of Selectmen dated August 6, 1962 and recorded in said Deeds, Book 10096, Page 1. Carried Unanimously 10: 15 P. M. Article 40. VOTED: To raise and appropriate the sum of $2,800.00 for the application ofaluminumsiding to the East Lexington Branch Library. Carried Unanimously 10:20 P. M. Article 41. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:20 P. M. Article 42. VOTED: That the Selectmen be and hereby are author- ized to obtain preliminary plans, engineering survey and layout for the construction and development of recreational facilities on land adjoining the Harrington School, and to appropriate therefor the sum of $2, 000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:21 P. M. Article 43. VOTED: That the Selectmen be and hereby are authorized to construct anddevelop a recreational play area, in- cluding a baseball field on land adjoining the Esta- brook School, and to appropriate therefor the sum of $1,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:21 P . M. Article 44. VOTED: That the Selectmen be and hereby are authorized to construct and develop a recreational play area on either or both of two adjoining parcels of land of the Town in East Lexington, one of which parcels was acquired pursuant to vote adopted under Article 42 of the warrant for the 1959 Annual Town Meeting and the other of which was acquired pursuant to vote adopted under article 38 of the 1960 Annual Town Meeting and to appropriate there- for the sum of S2,000.00 and to provide for payment thereof' by' transfer from the Excess and Deficiency Account. Carried Unanimously 10:22 P .M. Robert C. Hargrove moves that Article 45 be postponed until the next town meeting. Carried Unanimously 10:24 P . M. Robert B. Kent moves that meeting be adjourned until Monday, March 23, 1964 at 8 P. M. Carried Unanimously 10:25 P . M. /// Town Clerk _ _ l March 18, 1964 Alvin L. Schmertzler, 23 Peacock F armRoad, moves up to become a Town Meeting Member, Precinct Two, for a term of one year ending in March, 1965. George C. Sheldon became a Town Meeting Member at Large when he was elected Selectman thereby causing this vacancy. // T4 Clerk ADJOURNED TOWN MEETING HELD MARCH 23, 1964 Meeting called to order by the Moderator, Charles E. Ferguson at 8:04 P. M. Invocation offered by Rev. Robert H. Bartlett at 8:05 P. M. There were 178 Town Meeting Members present. Article 45. 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 con- struction and original equipping and furnishing of alter- ations and additions to the existing senior high school and to supervise the work; and that the sum of $256,000.00 be appropriated therefor and that payment be provided by the transfer of $15,972.85 from the unexpended balance of the appropriation for construction, original equipping, and furnishing of an addition to the Harrington School Building voted under Article 8 of the warrant for the Special Town Meeting held on September 16, 1957, the transfer of $1,701.45 from the unexpended balance of the appropriation for construction, original equipping and furnishing of a new elementary school to be known as the Harrington School voted under Article 2 of the warrant for the Special Town Meeting held on November 22, 1954, the transfer of $17.80 from the unexpended balance of the appropriation for construction, original equipping, and furnishing of an addition to the Maria Hastings School building voted under Article 7 of the Special Town Meeting held September 16, 1957, the transfer of $186.05 from the unexpended balance of the appropriation for remodeling, reconstructing and making extraordinary repairs to the Junior High School building and for re-equipping and refurnishing the same, voted under Article 40 of the Warrant for the Adjourned Town Meeting held March 24, 1958 and the balance of $238,121.85 be transferred from the Excess and Deficiency Account. Carried Unanimously 8:08 P. M. Article 46. Robert C. Hargrove moves that this article be indefinitely postponed. Carried Unanimously 8:09 P. M. Article 47. VOTED: That the Standing School Building Committee, Presented appointed under authority of the vote adopted under by Article 37 of the Warrant for the 1957 Annual Town Meeting, Alfred L. be and hereby is authorized on behalf of the Town to Viano retain professional services and prepare, by adapting and modifying the preliminary plans and specifications obtained for the Middleby Road School, preliminary plans, specifications and cost estimates for the construction 006 Article 47. of a new elementary school building on land situated on (Cont. ) and off Moreland Avenue that was acquired by the Town pursuant to vote adopted under Article 42 of the 1962 Annual Town Meeting; and that the sum of $8,000.00 be appropriated therefor and that payment be provided by transfer from the Excess and Deficiency Account. 8:10 P . M. Slides, shown - 8:12 P. M. - 8:14 P. M. by Mr. Viano. Robert M. Gary, Chairman, Capital Expenditures Committee, speaks and shows slides. 8:20 P. M. - 8:35 P. M. Weiant Wathen-Dunn moves for reconsideration of Article 46. 8:40 P. M. Main motion as presented under Article 47 carried by voice vote. 8:58 P. M. Reconsideration of Article 46 lost by voice vote. 8:59 P. M. Voice vote doubted., so standing vote taken as follows:, In Favor Tellers Opposed 10 Frederick E. Tucker 19 23 Thomas A. Napoli 28 24 Edward T. Martin 16 10 Alan G. Adams 22 67 85 Reconsideration declared lost. 9 P. M. Unless otherwise noted, all articles presented by Lincoln P. Cole, Jr. VOTED: That articles 48 to 59, inclusive, be taken up together. Carried Unanimously 9 P. M. ARTICLE 48. VOTED: To establish as a town way, and accept the lay- out of as a town way, Bryant Road from Lowell, Street a distance of 1900 feet, more or less, to beyond Page Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 9:01 P. M. Article 49. VOTED: To establish as a town way, and accept the lay- out of asa town way, Fairbanks Road from Shade Street a distance of 2517 feet, more or less, easterly, southerly, easterly,. and northerly to Tufts Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:02 P. M. ARTICLE 50. VOTED: To establish as a town way, and accept the lay- out of as a town way, Fessenden Way from Rolfe Road a distance of 990 feet, more or less, easterly to Marshall Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:03 P. M. co Article 51. VOTED: To establish as a town way, and accept the layout of as a town way, Marshall Road from Woburn Street, a distance of 830 feet, more or Tess, northerly as laid out by the Selectmen and shown upon a- plan on file in the office of the Town Clerk, dated January 7, 1964, 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 9:03 P. M. Article 52. VOTED: To establish as a town way,- and accept the lay- out of as a- town way, Mill Brook Road from 210 feet, more or less, southeasterly of Suzanne Road to 240 feet, more or less, northwesterly of Suzanne Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:04 P. M. Article 53. VOTED: To establish as a town way, and accept the lay- out of as a town way, Page Road from Bryant Road a distance of 895 feet, more or less, easterly and northerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 9:05 P. M. Article 54. VOTED:- To; establish as a town way, and accept the lay- out of as a town way, Phinney Road from Tufts Road a distance of 628 feet, more or less, westerly and southerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other:'.interest in land necessary therefor. Carried Unanimously 9:05 P. M. Article 55. VOTED: To establish as a town way, and accept the lay- out of as a town way, Rogers Road from Fessenden Way a distance of 375 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, 1964, 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 9:06 P. M. Article 56. VOTED: To establish as a town way, and accept the lay- out of as a town way, Rolfe Road from Woburn Street a distance of 440 feet, more or less, northerly to Fessenden Way as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:06 P. M. Article 57. VOTED: To establish as a town way, and accept the lay- out of as a town way, Sanderson Road from Bryant Road a distance of 453 feet,more or less, southerly and 670 feet, more or less, northerly as laid out by the Sel- ectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:07 P. M. 805 Article 58. VOTED: To establish as a town way, and accept the lay- out of as a town way, Suzanne Road from Mill Brook Road a distance of 667 feet, more or less, northerly and westerly as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:07 P. M. Article 59. VOTED: To establish as a town way, and accept the lay- out of as a town way, Tufts Road from Marrett _Road a distance of 2473 feet, more or less, southerly to Fair- banks Road as.laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:07 P. M. Robert E. Meyor presented Report of the Planning Board covering Articles 48 to 59 inclusive. 9:07 P. M. VOTED: To raise and appropriate for land acquisition and for construction of the ways enumerated in articles 48 to 59, inclusive, the sum of $500.00. Carried Unanimously 9:09 P. M. VOTED: That articles 60 to 64, inclusive, be taken up together. Carried Unanimously 9:09 P. M. Article 60. VOTED: To establish as a town way, and accept the lay- out of as a town way, Albemarle Avenue from Melrose Avenue a distance of 830 feet, more or less, northerly to Rawson Avenue as laid out by the Selectmenunder the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 9:10 P.M. Article 61. VOTED: To establish as a to ` ay, and accept the layout of as a town way, Blake Road from Burlington Street a distance of 615 feet, more or less, northerly to Nowers Road as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 by voice vote. 9:18 P. M. Article 62. VOTED: To establish as a town way, and accept the 1yout of as a town way, Dunham Street from Utica Street a dis- tance of 4?3 feet, more or less, easterly as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:21 P. M. Jules P. Sussman moves for indefinite postponement. 9:22 P. M. Indefinite postponement declared lost by voice vote. 9:24 P. M. Main motion as presented carried unanimously. 9:24 P. M. obo cn Article 63. VOTED: To establish as a town way, and accept the layout of as a town way, Nowers Road from Henderson Road a distance of 625 feet, more or less, southerly and south- westerly to Blake Road as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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 9:25 P. M. Article 64.. VOTED: To establish as a town way and accept the lay- out of as a town way, Sullivan Street from Winter Street a distance of 34.8 feet, more or less, westerly as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk dated January 7, 1964, 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. Robert E. Meyer presents Report of the Planning Board covering Articles 60 to 64, inclusive. 9:25 P. M. VOTED: To appropriate for land acquisition and for construction of the ways enumerated in Articles 60 to 64 , inclusive, the sum of 73,125.00, and to provide for payment by the transfer of $62,900.00 from the Excess and Deficiency Account and the balance of $10,225.00 to be raised in the current tax levy. Carried Unanimously 9:26 P. M. Article 65. Presented by Robert E. Meyer. (Approved by VOTED: To amend the Zoning By-Law by striking out Sub- Attorney Gen- section (a) of Section 4 thereof, under the caption eral, Edward "'R 1 - One family dwelling districts.", and by in- W. Brooke, sorting in place thereof the following: June 8, 1964 ) "(a) R 1 - One family dwelling districts. Every part of the Town not shown on the Zoning Map or not here- inafter specifically designated as a district other than R 1 is hereby specifically made an R 1 district. " Mr. Meyer presents Report of the Planning Board. Main motion carried unanimously 9:28 P. M. Article 66. VOTED: To amend the Zoning By-Law by adding, after Sub- section (g) of Section 14, the following: "(h) In any instance where, by reason of any section Presented of this By-Law, a parking area is required to be provided by for a permitted building, but where the Board of Appeals Robert E. determines that the complete development of the required Meyer parking area is not currently necessary, to permit the (Approved by owner, for a period not exceeding two years, to limit Attorney Gen- his development of the area for present actual parking eral, Edward use to not less than one-half of the total required W. Brooke, parking area. " June 8, 1964) Mr. Meyer presents Report of the Planning Board. Main motion carried unanimously 9:30 P. M. Article 67. Presented by Robert E. Meyer. VOTED: To amend the Zoning By-Law by striking out Sub- (Approved by section (k) entitled "Story", in Section 2 entitled Attorney Gen- "Definitions", and by inserting in place thereof the eral, Edward following: W. Brooke, June 8, 1964) cler7 Article 67. "(k) Story - That portion of a building contained (Cont. ) between any floor and the floor or roof next above it, but not including either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy." Robert E. Meyer presents Report of the Planning Board. Main motion carried unanimously 9:37 P. M. Article 68. Presented by Robert E. Meyer. VOTED: To amend the Zoning By-Law by striking out from (Approved Section 5, Sub-section ( j) , Paragraph 2.a. thereof, by relating to buildings and uses in C 4 districts, the Attorney words"not exceeding two stories in height", so that General, said Paragraph 2.a. shall read as follows: Edward W. Brooke, "a. Office buildings. " June 8 1964) Robert E. Meyer presents Report of the Planning Board. Main motion carried unanimously 9:3k P. M. Article 69. Presented by Robert E. Meyer. (Approved VOTED: To amend the Zoning By-Law by inserting at the by end of Sub-section (a) of Section 7 thereof, the following: Attorney General, "In C L districts, buildings shall not exceed two Edward W. stories and a maximum height of forty. feet. " Brooke, June 8, Robert E. Meyer presents Report of the Planning Board. 1964) Main motion carried unanimously. 9:35 P. M. Article 70. VOTED: To amend the Zoning By-Law by striking out from Section 8, Sub-section ( j) , Paragraph 1.b. thereof, relating to yards in. 0 4 districts, the second sentence, Presented and by inserting in place thereof the following: by "Within such 50 feet from each street, highway and Robert E. district boundary, there shall be permitted only Meyer (1) green areas of grass,plants, shrubs and trees (2) walks, driveways and parking facilities occupying (Approved by not more than fifty percentum of the area, and (3) Attorney gates or security stations." General, Edward W. Robert E. Meyer presents Report of the Planning Board. Brooke, June 8, 196k) Main motion carried unanimously 9:35 P. M. Article 71. Presented by Alfred P. Tropeano. Moved to amend the general by-laws of the Town of Lex- ington by adding at the end of Section 39, Art. XXIV the following new paragraph: (Article 71 "The aforesaid discretionary powers of the Board of approved by Selectmen or the Chief of Police to issue permits shall Attorney be exercised only for such land or area as has first in General, writing been certified by a committee that the discharge Edward W. of a specified type of firearms will not violate existing Brooke, statutes for the Commonwealth of Massachusetts pertaining July 2, to the discharge of firearms. The said committee shall 1964.) be comprised of a member of the Board of Selectmen, a member of the Conservation Commission and a member of the Recreation Committee, each of whom shall annually be appointed to said committee for a period of one year by their respective Board, Commission or Committee." 0 Article 71. After the aforesaid amendment, said Section 39 will (Cont.) read as follows: "No person shall without a written permit from the Board of Selectmen or the Chief of. Police and a written permit from the owner or occupant of land fire or dis- charge any rifle, shot-gun, air-rifle or pistol on or across any land within the confines of the Town, but this section shall not prevent the use of such firearms in the lawful defense and protection' of one's person or other human being or property, nor to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges duly approved by the Chief of Police. "Any person desiring to discharge said firearms or air-rifles must first obtain a written permit specifying the locus from the owner or occupant of the land upon and across which one desires to discharge said firearms or air-rifles, said permit shall then be presented to the Board of Selectmen or to the Chief of Police and if the discharge of the above firearms or air-rifles upon and across the locus specified does not, in the opinion of the Board of Selectmen or the Chief of Police, en- danger the safety of persons or property of others, the Board of Selectmen or the Chief of Police shall issue a written permit to allow such discharge and impose such safety conditions or precautions as they deem necessary. "The aforesaid discretionary powers of the Board of Selectmen or the Chief of Police to issue permits shall be exercised only for such land or area as has first in writing been certified by a committee that the dis- charge of a specified type of firearms will not violate existing statutes for the Commonwealth of Massachusetts pertaining to the discharge of firearms. The said committee shall be comprised of a member of the Board of Selectmen,a member of the Conservation Commission and a member 'of the Recreation Committee, each of whom shall annually be appointed to said committee for a period of one year by their respective Board, Commission or Committee." 9:50 P. M. Carl Blake moves to lay Article 71 on the table. Carried by voice 'vote. 9:53 P M. Article 72. Presented by Eric B. Kula. I offer the following motion: --- that hunting be prohibited in the Town, except by a legal resident of. ' the Commonwealth or any member of his immediate family, on land owned, leased or occupied by him, these being the samethat are exempt from requiring a license as set forth in Chapter 131 of the General Laws. Whoever violates this prohibition shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars. 9:53 P. M. David F. Toomey moves the previous question. Lost by voice vote. 10:07 P. M. Main motion as presented lost by voice vote. 10:15 P.M. Alfred P. Tropeano moves that Article. 71 be taken from the table. Carried 10:15 P. M. Alfred P. Tropeano moves the previous question. Carried by voice vote. 10:20 P . M. Original motion under Article 71 voted on and declared carried by voice vote. 10:20 P. M. James F. Flynn moves that meeting be adjourned until Monday, March 30, 1964 at 8 P. M. Lost by voice vote. 10:20 P. M. Article 73. Presented by Carl Blake. To see if the Town will vote to amend the Zoning By- Law as follows: By adding at the end of sub-section (d) , Section 4 thereof, under the caption "C2 - General business dis- tricts", a new paragraph to read as follows: "Beginning at a point in the southwesterly line of Bedford Street which point is the northeasterly corner of land now or formerly of Katherine Corbett and Mildred F. Johnson; thence S 58° 32' 10" W 276.60 feet; thence N 36° 17' 00" W 83.00 feet; thence N 60° 11' 50" E 285.25 feet; thence S 29° 54' 40" E 75.00 feet to the point of beginning being all of said measurements more or less. " 10:23 P. M. Robert E. Meyer read Planning Board Report covering this article. 10:23 P . M. Mr. Blake requests that Ivan W. Douglas be granted the privilege of the floor. There were no objections. 10:24 P. M. Slides shown by Mr. Douglas. 10:33 P. M. Martin I. Small read petition of the people of Bedford Street aginstthe .article. 10:38 P. M. Voice, vote not unanimous, 11:04 P. M. , so standing vote taken as follows: In Favor Tellers Opposed 13 Frederick E. Tucker 20 19 Thomas A. Napoli 22 15 Edward T. Martin 42 9 Alan G. Adams 18 56 102 Motion not adopted. 11: 05 P. M. Article 74. Robert E. Meyer moves for indefinite postponement. Carried Unanimously 11:07 P. M. Article 75. Presented by Norman J. Richards. MOTION: To amend the Zoning By-Law as follows: 1. By inserting after Paragraph 1, in sub-section (.i) of Section 4 thereof, under the caption CH 1 - Commercial and hotel districts, the following paragraph 2 to read as follows: "2. There is excluded from the above district the land on the Southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows: Northeasterly by Bedford Street 273.10 feet more or less; Southeasterly by land of Howard A. Smith in two courses being 98.52 feet more or less and 101.78 feet more or less, respectively; Northeasterly again by land of said Smith 135.70 feet more or less; Southeasterly again by land now or formerly of Home Guardian Company in two courses being 355.62 feet more or less and 514.14 feet more or less, respectively; Southwesterly by land now or E) Article 75. formerly of Onel Deflice 355.00 feet more or less to (Cont.) the Southeasterly boundary of Hinchey Road; North- westerly by said Hinchey Road in two courses being 383.30 feet more or less and 114.49 feet more or less, respectively; Northeasterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road 120.00 feet more or less; Southwesterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road in two courses being 100.00 feet more or less, and 338.15 feet more or less, respect- ively; Northerly by said Hinchey Road 82.75 feet more or less, to the junction of said Hinchey Road and Bedford Street. 11. By adding at the end of Section 4, (g) A 1- garden apartment districts, the following new para- graph: A district on the southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows : Northeasterly by Bedford Street 273.10 feet more or less; Southeasterly by land of Howard A. Smith in two courses being 98.52 feet more or less and 101.78 feet more or less, respectively; Northeasterly again by land of said Smith 135.70 feet more or less; South- easterly again by land now or formerly of Home Guardian Company in two- courses being 355.62 feet more or less and 514.14 feet more or less, respectively; South- westerly by land- now or formerly of Onel Deflice 355.00 feet more or less to the Southeasterly boundary of Hinchey Road; Northwesterly by said Hinchey Road in two courses being 383.30 feet more or less and 114.49 feet more or less, respectively; Northeasterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road 120.00 feet more or less; South- westerly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road in two courses being 100.00 feet more or less, and 338.15 feet more or less, respectively; Northerly by said Hinchey Road 82.75 feet more or less, to the junction of said Hinchey Road and Bedford Street. 11:10 P. M. Slides shown. 11:19 P. M. Robert E. Meyer read the Planning Board Report covering this article. 11:23 P. M. Allan Lee Whitman, Jr. moves for indefinite postpone- ment. 11:24 P . M. Indefinite postponement` declared lost by voice vote. 11:25 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 22 Frederick E. Tucker 13 26 Thomas A. Napoli 13 27 Edward T. Martin 27 15 Alan G. Adams 11 90 64 There were less than 2/3 in favor, so motion not adopted. 11:39 P. M. Alfred S. Busa asks for a roll call vote. Lost 11:39 P.M. James F. Flynn asks for a recount. Lost 11:40 P. M. 0 1 Article 76. Presented by Richard K. Eaton. I move that the Town amend the Zoning By-Law so as to change certain land from an R-1 District to a C-2 District by adding at the end of paragraph 5 in Section 4 (d) C-2 -- General Business Districts, the following:-- Said district shall also include adjoining land bounded as follows-- Easterly by land described in the preceding sentence Three hundred Forty-two and 93/100 (342.93) feet; Southerly by land of Rayco Realty Trust Sixteen and 37/100 (16.37) feet; Westerly by land now or formerly of Whalen Three (Approved Hundred Twenty-seven and 40/100 (327.40) feet; and by Northerly by Worthen Road, Sixty-six and 69/100 Attorney (66.69) feet. General, 11:40 P. M. Edward W. Brooke, Mr. McCauley given the privilege of speaking from the June 8, floor. 11:40 P. M. 1964) Slides shown. 11:45 P. M. Robert E. Meyer read the Planning Board Report covering this article. 11:47 P. M. Declared carried by voice vote. 11:55 P. M. Decision doubted by required number of Town Meeting Members. Standing vote taken as follows: In Favor Tellers Opposed 29 Frederick E. Tucker 3 32 Thomas A. Napoli L. 46 Edward T. Martin 8 22 Alan G. Adams 129 20 Motion declared adopted. 11:56 P. M. Article 77. Lincoln P. Cole, Jr. moves that this article be in- definitely postponed. Carried Unanimously 11:58 P . M. Article 78. Lincoln P. Cole, Jr. moves that this article be in- definitely postponed. Carried Unanimously 11:58 P. M. Lincoln P. Cole, Jr. moves that this Town Meeting be dissolved. 11:58 P. M. Town Clerk Richard A. Peak resigned as a Town Meeting Member in Precinct Six effective April 1, 1964. Burt E. Nichols, 9 Tufts Road, was moved up, and has accepted, filling the vacancy caused by Mr. Peak's resignation. Term ends in March, 1965.