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HomeMy WebLinkAbout1965-03-15 to 1965-03-24- ATM-min Al 11 77; ANNUAL TOWN MEETING HELD MARCH 15, 196 Meeting called to order by the Moderator, Robert B. Kent, at 8:07 P. M. r. Invocation offered by Rev. Nathan W. Goff. 8:07 P . M. There were 194 Town Meeting Members present. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived by the Moderator. 8:09 P. M. Mary R. McDonough read the Constable's Return of the warrant. 8:10 P. M. At the request of Lincoln P. Cole, Jr., Chairman of the Board of Selectmen, there was a moment of silence for Town Officials and Town Employees who had died during the past year. 8:10 P. M. The following presented by Lincoln P. Cole, Jr. : (On behalf of all, the members of the Board of Selectmen) I move to suspend the rules and adopt the following resolution: We, Town Meeting Members of Lexington, Massachusetts, do hereby express our profound concern over recent events in Selma, Alabama and over the act of desecration committed at a Lexington church last Saturday night. As citizens and as elected representatives of the birthplace of American Liberty, we know how precious is the right to vote and the right peaceably to assemble and petition government for redress of grievances. We are deeply disturbed that today, almost on the 190th anniversary of the Battle of Lexington, such violent hostility to these rights exists. We call upon governmental officials at every level to use their full powers to secure for each and every American the full exercise of the rights guaranteed in our Constitution, and we dedicate ourselves accordingly. When these rights are truly secure, it will again be a "glorious morning for America." Carried Unanimously 8:15 P. M. Article 2. J. Harper Blaisdell, Jr. moves that the Appropriation Committee Report be accepted and placed on file. Carried Unanimously 8:15 P. M. Van T. Boughton, Jr. moves the Capital Expenditures Committee Report be accepted and placed on file. Carried Unanimously 8:15 P. M. Richard K. Eaton moved that the_ Report of the Cary Lecture Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:15 P. M. Otis S. Brown, Jr. read the Annual Report of the Hunting Safety Committee. Mr. Brown moved that the report be accepted as read and placed on file. Carried Unanimously 8:20 P. M. Wilbur M. Jaquith moved that the Report of the Committee to Study the Historic Districts be accepted and placed on file. Carried Unanimously 8:20 P. M. Article 3. VOTED: That a Committee of three be appointed by the Presented Moderator to have charge of the lectures under the by wills of Eliza Cary Farnham and Susanna E. Cary for the Lincoln P. current year. Cole, Jr. Carried Unanimously 8:20 P. M. Article 4. Presented by Lincoln P . Cole, Jr. 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. 8:21 P. M. Selectmen' s Department Personal Services . $ 26,136.00 8:21 P. M. J. Harper Blaisdell makes the following motion: The Appropriation Committee moves that the Selectmens ' personal service budget be amended to reduce the requested sum from $26,136 to $25, 829. 8:26 P. M. There was a general discussion regarding longevity pay increases for town employees with the Board of Selectmen in favor and the Appropriation Committee against. Mr. Blaisdell°' s motion voted on by voice vote and declared carried. 8:42 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 19 Frederick E. Tucker 16 49 Richard K. Eaton 10 37 Donald R. Grant 6 3�! Van T. Boughton, Jr. 8 139 40 Amendment adopted. 8:45 P. M. Selectmen' s Department Personal Services 25,829.00 Clerical Labor pool for all Departments 5,000.00 Expenses 4,990.00 Out of State Travel 200.00 Medical Expenses - Fire and Police 4,000.00 8:45 P. M. Town Clerk & Treasurer' s Department Personal Services 12,288.00 Expenses - 1,800.00 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 Foreclosure & Redemption of Tax Titles 100.00 8:46 P. M. Trustees of Public Trusts Expenses 350.00 8:46 P. M. Board of Appeals Personal Services 2,113.00 Expenses 2,150.00 8:47 P. M. Planning Board Personal Services 12,387.00 Expenses 6,400.00 8:47 P. M. 1 Article 4. Insurance f` ; ( Cont.) Town Employees Group Insurance $ 60,200.00 C: Insurance 56,000.00 8:47 P. M. Printing Town Report Expenses 3,000.00 8:47 P. M. Law Department Personal Services 4,000.00 Expenses 3,600.00 Special Fees 5,000.00 8:48 P. M. Elections Jurisdiction Selectmen 7,950.00 Jurisdiction Town Clerk 1,000.00 8:48 P . M. Board of Registrars Personal Services 3,500.00 . Expenses 1,000.00 8:49 P. M. Appropriation Committee Expenses 3,500.00 8:49 P . M. Capital Expenditures Committee Expenses 50.00 8:49 P . M. Standing School Building Committee Expenses 500.00 8:49 P . M. Town Celebrations Committee Expenses 6,500.00 8:50 P. M. J. Harper Blaisdell, Jr. makes the following motion: Town Celebrations Committee be amended to read $5,000 instead of $6,500. Amendment adopted. 8:51 P. M. Historic Districts Commission Expenses 450.00 8:51 P . M. Conservation Commission Expenses 300.00 8:51 P. M. Recreation Committee Personal Services 20,353.00 Expenses 5, 750.00 8:52 P. M. 419 Article 4. Collector' s Department (Cont. ) Personal Services 11,113.00 Expenses 2,575.00 Metered Mail 5,500.00 8:52 P. M. Accounting Department Personal Services 15,512.00 Expenses 1,400.00 Out of State Travel 100.00 8:52 P. M. Assessors Department Personal Services 23,194.00 Expenses 2,800.00 Professional Services 4,000.00 Out of State Travel 100.00 8:53 P. M. Health Department Personal Services 11,745.00 Expenses 9,875.00 J. Harper Blaisdell, Jr. makes the following motion: Health Department Expenses amount should be amended to read $9,000 instead of $9,875. Amendment carried by voice vote. 9:02 P. M. Out of State Travel 200.00 Engineering 500.00 Animal Inspector 1,270.00 Rabies Clinic 1,030.00 902 P. M. Dental Clinic Personal Services 7,345.00 Expenses 800.00 9:02 P. M. Police Department Personal Services 283,355.00 Expenses 31,000.00 Parking Meter Maintenance 400.00 ( This amount to be transferred from the Parking Meter Fund) Out of State Travel 60.00 9:02 P. M. Dog Officer Personal Services 750.00 Expenses 700.00 9:02 P . M. Fire Department Personal Services 318,569.00 9:02 P. M. William P. Fitzgerald makes the following motion: I move to amend the motion under Article 4 by striking out in the item Fire Department, Personal Services, the figure $318,569.00 and inserting in place thereof the figure $329,709.00. Amendment declared, carried by voice vote. 9:25 P . M. Expenses 36,383.00 Out of State Travel 400.00 Ambulance Maintenance 650.00 Forest Fires - Expenses 500.00 9:28 P. M. 420 Article 4. Civil Defense (Cont. ) Personal Services $ 7,403.00 Expenses 10,448.00 Out of State Travel 225.00 9:28 P. M. Inspection Department Personal Services 21,142.00 Expenses 2,390.00 Out of State Travel 175.00 9:28 P . M. Weights & Measures Personal Services 1,500.00 Expenses 545.00 9:28 P. M. Public Works Department Personal Services 375,471.00 9:28 P. M. Public Works - Superintendent' s Office Personal Services - 49,230.00 Expenses 1,750.00 Out of State Travel 200.00 9:28 P . M. Engineering Department Personal Services 62,247.00 Expenses 3,950.00 9:29 P . M. Town Offices & Cary Memorial Building Personal Services 17,363.00 Expenses 37,160.00 Rental Properties 2,000.00 9:29 P. M. Public Works Building Expenses 9,585.00 9:29 P . M. Highway Maintenance Expenses 81,550.00 (Of which $100.00 is to be transferred from the Parking Meter Fund) . 9:29 P. M. Road Machinery Expenses 43,350.00 9:29 P. M. Snow Removal Expenses 51,000.00 9:30 P . M. Traffic Regulation & Control Expenses 12,250.00 9:30 P . M. Street Lights Expenses 76,388.00 9:30 P. M. Street Signs Expenses 1, 000.00 9:30 P . M. 421 Article 4. Sewer Maintenance (Cont. ) Expenses 23,424.00 9:30 P. M. Sewer Services Expenses 12,500.00 9:30 P. M. Garbage Collection Expenses 60,200.00 9:30 P. M. Sanitary Land Fill Expenses 39,900.00 9:31 P. M. Water Maintenance Expenses 36,117.00 9:31 P. M. Water Services Expenses 10,000.00 9:31 P. M. Park Department Expenses 28,305.00 9:31 P. M. Insect Suppression Expenses 2,700.00 9:31 P. M. Shade Tree Expenses 10,100.00 9:32 P. M. Dutch Elm Disease Expenses 2,550.00 9:32 P. M. Public Welfare Personal Services 8,500.00 Administration 625.00 Aid & Expenses 9,000.00 9:32 P. M. Disability Assistance Expenses 10,000.00 9:32 P. M. Aid to Dependent Children Expenses 13,200.00 9:32 P . M. Old Age Assistance Expenses 19,500.00 9:33 P. M. Medical Assistance to the Aged Expenses 66,000.00 9:33 P . M. it 9 Article 4. Veterans' Benefits (Cont. ) Personal Services $ 3,000.00 C � Administration 350.00 Aid & Expenses 10,000.00 Graves Registration 250.00 Soldiers ' Burials 250.00 9:33 P. M. Cemeterj Department Personal Services 40,757.00 Expenses 5,000.00 (Of which $4,000.00 is to be transferred from the Westview Perpetual Care Fund) 9:33 P. M. Cary Memorial Library Personal Services 136,500.00 (In addition to the amount of $3,462.75 State Aid to Libraries) Expenses 49,000.00 (In addition to the amount of $3,460.00 State Aid to Libraries and in addition to the amount of $2,921.66 received from the County for Dog Licenses) . Elizabeth H. Clarke makes the following motion: To amend the amount of State Aid under Personal Services from $3,4.62.75 to $6,922.75 and to delete the amount of State Aid under Expenses. 9:35 P . M. Mrs. Clarke's amendment declared carried by voice vote. 9:45 P. M. Library Budget now reads as follows : Personal Services 136,500.00 (In addition to the amount of $6,922.75 State Aid to Libraries) Expenses 49,000.00 ( In addition to the amount of $2,921.66 received from the County for Dog Licenses) . 9:45 P. M. Board of Retirement Accrued and Normal Liabilities 43,321.00 Expenses 723.00 9:47 P . M. School Oyeration Personal Services 4,407,000.00 Expenses 843,000.00 Out of State Travel 8,900.00 Vocational Education, Tuition & Transportation 10,000.00 Athletics 60,000.00 Adult Handcraft 10,100.00 9:55 P. M. Payment on Debt Interest 350,000.00 (Of which $161.00 is to be transferred from the Parking Meter Fund) . Maturing Debt 978,000.00 (Of which $7,000.00 is to be transferred from the Parking Neter Fund) . 10:02 P. M. Article 4. Norman T. May makes the following motion: (Cont.) I move that Article #4 be amended by striking out the sum of $4,990 in the Item Marked General Government, Select- men' s Dept. , Expenses, and inserting in its place the sum of $5,490. 10:02 P. M. Mr. May explained that the increase is to cover the cost of amplification of the town hall. 10:09 P. M. Amendment of Mr. May declared lost by voice vote. 10:12 P. M. Ephraim Weiss makes the following motion: I move to amend Account #1775 of Article 4, entitled "Law: Personal Services", from $4,000 to $6,000. 10:13 P. M. Amendment of Mr. Weiss declared lost by voice vote. 10:13 P. M. Main motion, as amended, under Article 4 carried unanimously. 10:20 P . M. Unless otherwise noted, all articles presented by Lincoln P. Cole, Jr. 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 $7,000.00 Town Treasurer 1,000.00 Town Collector of Taxes 8,400.00 the increase over the rates established last year to become effective April 1 1965, and to raise and appropriate therefor the sum of $16,800.00. Carried Unanimously 10:21 P. M. Article 6. VOTED: That the Town Treasurer, with the approval of the Selectmen, be and she hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1966, 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 10:22 P. M. Article 7. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:23 P . M. Article 8. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:23 P. M. Article 9. VOTED: To appropriate $40,000.00 for the Reserve Fund and to provide for the payment thereof by a transfer of $6,400.00 from the Overlay Reserve Fund and by raising the balance of $33,600.00 in the current tax levy. Carried Unanimously 10:24 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 1965. Carried Unanimously 10:25 P. M. 41:Y4 nom, Article 11. VOTED: That the sum of $36,591.00 be raised and appropriated for pensions for retired members of the n=1 Police Department, and their dependents, and that the sum of $10,611.00 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 10:25 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 41 of the General Laws. Carried Unanimously 10:26 P. M. Article 13. VOTED: That the Selectmen be and they hereby are authorized 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 $18,000.00, and to provide for payment thereof by transfer of $510.00 from the Water Depart went Available Surplus, the transfer of $11,990.00 from the Water Assessment Fund andthe balance of $5,500.00 to be raised in the current tax levy. 10:28 P. M. Raymond J. Culler moves that the meeting be adjourned until Monday, March 22, 1965 at 8 P. M. Mr. Culler' s motion declared lost by voice vote. 10:28 P . M. Article 13 as presented carried unanimously. 10:28 P. M. Article 14. VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $213,500.00 of which $48,500.00 is to be raised in the current tax levy and the balance of $165,000.00 is to be provided by the issue of bonds or notes of the Town; and the Treasurer, with the approval of the Selectmen, be and she hereby is authorized to borrow the sum of $165,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the Gen- eral Laws, as amended, within three years from their dates. 10:35 P. M. Hugh M. Chapin questions regarding a quorum being present. The Moderator declares that there is a quorum present. Main motion under Article 14 carried unanimously. 10:37 P . M. J. Harper Blaisdell, Jr. gives notice of reconsideration of Article 14. 10:43 P . M. Article 15. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:38 P. M. 6" Article 16. VOTED: That the Se-lectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from the existing North Lexington Pumping Station to the existing sewer main located in Hamilton Road, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and: to appropriate for such installation and land acquisition the sum of $166,000.00 and that payment be provided by the transfer of $63,200.00 from the Sewer Assessment Fund, and the balance of $102,800.00 to be raised in the current tax levy. Carried Unanimously 10:40 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 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 $42,600.00. Carried Unanimously 10:4.1 P. M. Article 18. VOTED: That the Selectmen be and they hereby are author- ized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one half of the cost, or otherwise; and to appropriate therefor the sum of $35,500.00 and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 10:41 P. M. Article 19. VOTED: That the Sei.ectmen be and they hereby are author- ized. to install curbing at such locations as they may determine, and to raise and appropriate therefor the sum of $5,000.00. Carried Unanimously 10:42 P . M. Article 20. VOTED: That the sum of $4,500.00 be raised and appropriated for Chapter 90 highway maintenance. Carried Unanimously 10:42 P . M. Article 21. VOTED: That the sum of $60,000.00 be appropriated for the reconstruction of all or any part of Massachusetts Avenue under Chapter 90 highway construction, and that payment be provided by transfer from the Excess and Deficiency Account. Carried Unanimously 10:43 P. M. Article 22. VOTED: That the sum of $56,000.00 be appropriated for widening and construction with permanent pavement of Lowell Street between East Street and North Street and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:43 P. M. Article 23. VOTED: To appropriate the sum of $49,000.00 for the pur- chase by or with the approval of the Selectmen of equip- ment for the Department of Public Works and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:44 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 departments of the Town, the amount of said charge not to exceed the 4 28 Article 24. amount allowed by the State for the use of similar (Cont.) equipment. Carried Unanimously 10:45 P. M. Article 25. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:45 P. M. Article 26. VOTED: That the Selectmen be and they hereby are auth- orized to install street lights in such unaccepted streets as they may determine prior to the final ad- journment of the 1966 Annual Town Meeting. Carried Unanimously 10:48 P. M. Article 27. VOTED: That the sum of $6,500.00 be raised and appropriated for the improvement of lowlands and swamps in the eradication of mosquitoes, under Section' 4A of Chapter 252 of the General Laws. Carried Unanimously 10:50 P. M. Article 28. MOTION; 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 playground and 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 and land acquisitions the sum of $3,500.00. 10:52 P . M. Donald E. Legro offers the following amendment: VOTED: That the Selectmen be and they hereby are auth- orized 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 play- ground or recreational or school purposes and that the Selectmen be and hereby are authorized on behalf of the Town f© acquire by purchase, eminent domain, or other- wise, such lands or rights therein for such purposes as are or may be included in options obtained by the Sel- ectmen; and to raise and appropriate for such appraisals, options and land acquisitions the sum of $3,500.00. 10:54 P. M. Amendment, as, offered . by Mr. Legro, carried unanimously. 10:55 P. M. Mr. Cole reads Article . 28, as amended by Mr. Legro, _ again. 10:59 P. M. James F. Flynn moves the previous question. Carried 11:03 P . M. Voice vote on main motion, as amended, not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 36 Frederick E. Tucker 3 49 Richard K. Eaton 5 40 Donald R. Grant 2 35 Van T. Boughton, Jr. 1 160 11 Main motion, as amended, declared carried. 11:03 P. M. r, ep tk Lincole P. Cole, Jr. moves that the meeting be adjourned to Monday, March 22, 1965 at 8 P. M. 11:03 P. M. Allen Lee Whitman, Jr. gives notice of reconsideration of Article 28. 11:05 P . M. Motion of Mr. Cole that meeting be adjourned to Monday, March 22, 1965 at 8 P. M. carried unanimously. 11:05 P . M. A true copy. Attest. / 7 Town Clerk George E. Foster resigned as a Town Meeting Member in Precinct Two effective as of March 18, 1965. Milton L. Gould, 36 Webster Road, was moved up, and has accepted, filling the vacancy caused by Mr. Foster' s resignation. Term ends in March 1966. 428 CHAPTER 153 THE COMMONWEALTH OF MASSACHUSETTS In the Year One Thousand Nine Hundred and Sixty-five AN ACT AUTHORIZING 'TdE TOWN OF LEXINGTON TO USE CERTAIN PUBLIC PARK LAND FOR THE ERECTION OF A PUBLIC FACILITIES AND INFORMATION BUILDING. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows : Notwithstanding the provisions of section seven of chapter forty-five of the General Laws, the town of Lexington, acting by and through its board of selectmen, is hereby authorized to use for the erection of a public facilities and information building that will exceed six hundred square feet in area on the ground a sufficient portion of the Buckman Park land which was acquired by said town in a deed from Thomas M. Stetson and others, dated July twenty-third, nineteen hundred and thirteen and recorded with Middlesex South District Registry of Deeds, Book 3809, Page 270. House of Representatives, March 4, 1965. Passed to be enacted, John F. X. Davoren, Speaker In Senate, March 9, 1965. Passed to be enacted, Maurice A. Donahue, President. March 15, 1965. Approved, John A. Volpe Governor ADJOURNED TOWN MEETING HELD MARCH 22, 1965 Meeting called to order by the Moderator, Robert B. Kent at 8:03 P . M. Invocation offered by Rev. Richard Lund. 8:05 P . M. There were 191 Town Meeting Members present. Arthur E. Bryson, Jr. moves that Article 83 be taken up at this time. Carried 8:05 P . M. Richard K. Eaton moves for indefinite postponement of Article 83. 8:06 P . M. Mr. Eaton asks that Harold E. Stevens be recognized. 8:07 P. M. Mr. Stevens spoke on the indefinite postponement stating that it would probably be brought up at the Fall Town Meeting. 8:08 P . M. Indefinite postponement of Article 83 carried unanimously by voice vote. 8:09 P. M. Article 29. Presented by Lincoln P . Cole, Jr. VOTED: That the sum of $4,000.00 be appropriated for the development of Westview Cemetery and tYet said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 8:10 P. M. Article 30. VOTED: That this article be indefinitely postponed. Carried Unanimously 8:10 P. M. Article 31. Presented by Lincoln P. Cole, Jr. VOTED: That the sum of $30,000.00 be raised and approp- riated as a supplementary appropriation to be used in con- junction with money appropriated under Article 16 of the warrant 2r the 1962 Annual Town Meeting for the installa- tion of a sewer main or mains in such locations as the Selectmen may determine from Pleasant Street, near its intersection with Route 2, to the vicinity of the Wood- haven area and also to, the westerly side of the Follen Hill and adjacent areas. Carried Unanimously 8:13 P. M. Article 32. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are auth- orized to abandon such portions of the sewer easement and temporary sewer construction easements adjacent thereto, in lands of Valleyfield Realty Trust, Benjamin Del Gaudio and Theresa Del Gaudio, and Hinds Realty Trust, as are no longer required by the Town, said easements having been acquired by the Town by eminent domain by Order dated April 22, 1963, registered in Middlesex South District Land Registry of Deeds as Document No. 391523 and recorded in Middlesex South District Registry of Deeds, Book 10260, Page 239; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 8:15 P. M. Article 33. Presented by Robert Cataldo. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for playground and recreational purposes, and other public purposes, all or any part of a parcel of land situated on Rindge Avenue substantially as described in a deed recorded in Middlesex South District Registry of Deeds, Book 8345, Page 82; and to raise and appropriate for such land acquisition the sum of $2,500.00. 8:16 P. M. 420 cn Article 33. Slides shown. 8:19 P. M. (Cont. ) J. Harper Blaisdell, Jr. said that the Appropriation Committee recommended the $2,500.00. 8:19 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 36 Gordon E. Steele 0 59 Charles F. Gallagher, Jr.- 0 49 Donald J. Shaw 2 38 Hugh M. Chapin 0 182 '2 Motion declared adopted. 8:22 P. M. Article 34. Presented by Rev. Harold T. Handley. VOTED: That the sum of $4,000.00 be appropriated for replacing pavement and landscaping 'around the front entrance of Cary Memorial Library, and to provide for payment by transfer from the Excess and Deficiency Account. Carried 8:25 P. M. Article 35. Presented by Lincoln P. Cole, Jr. VOTED: That the Board of Fire Commissioners be and they hereby are authorized to relocate the fire alarm system wires at the Spring Street and Route 2 intersection to the extent deemed necessary as a result of the recon- struction of Route 2 by the Commonwealth, and to enter into a contract with the Commonwealth of Massachusetts represented by its Department of Public Works for re- imbursement to the Town by the Commonwealth of the cost of such relocation; and to appropriate therefor the sum of $2,650.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:27 P. M. Article 36. Presented by Lincoln P . Cole, Jr. VOTED: That the Board of Fire Commissioners be and they hereby are authorized to relocate the fire alarm system wires at the Waltham Street and Route 2 intersection to the extent deemed necessary as a result of the recon- struction of Route 2 by the Commonwealth, and to enter into a contract with the Commonwealth of Massachusetts represented by its Department of Public Works for re- imbursement to the Town by the Commonwealth of the cost of such relocation; and to appropriate therefor the sum of $5,300.00, and to provide for payment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:28 P . M. Article 37. Presented by Lincoln P. Cole, Jr. VOTED: That the sum of $3,500.00 be raised and appropriated 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. Carried 8:29 P. M. Lincoln P . Cole, Jr. moves that Article 65 be taken up now. Carried by voice vote. 8:30 P. M. Article 65. Presented by Lincoln P. Cole, Jr. VOTED: To accept the alteration and relocation of a portion of Massachusetts Avenue from a point 382 feet, more or less, southeasterly of Meriam Street and extending southeasterly 235 feet, more or less, as altered and re- located by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated January 8, 1965, 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; and to appropriate for such land acquisition and for the widening of Massa- chusetts Avenue as so altered and relocated the sum of $250,000.00, of which $50,000.00 is to be raised in the current tax levy and the balance of $200,000.00 is to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and she hereby is authorized to borrow the sum of $200,000.00 and to issue bonds or notes of the Town there- for, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding ten years from their dates. 8:32 P. M. Roland B. Greeley speaks for the Planning Board, who are in favor of the article. 8:40 P . M. Mr. Cole asks that George Kolovson be recognized. 8:40P. M. Mr. Kolovson speaks for the Committee for Revitalization of Lexington Center. 8:46 P. M. Mr. Cataldo gives explanation and shows slides . 8:53 P. M. Ernest A. Giroux stated that the Central Block had nothing to do with this article. 8:54 P. M. Richard I. Miller moves to lay Article 65 on the table. 9 P. M. Motion of Mr. Miller declared lost by voice vote. 9:01 P. M. Twenty members doubted the vote, so standing vote taken as follows : In Favor Tellers Opposed 11 Gordon. E. Steele 25 33 Charles F. Gallagher, Jr. 23 32 Donald J. Shaw 18 • 20 Leonard J. Colwell 18 96 84 The motion of Mr. Miller to lay Article 65 on the table declared carried. 9:03 P . M. Roland B. Greeley moves that Articles 64 - 69 inclusive and Article 71 be taken up together. 9:03 P. M. The Moderator states that the motion is out of order as Article 65 has been tabled. 9:04 P. M. 42 Mr. Greeley moves that Article 64 be taken up. Carried Unanimously 9: 04 P . M. Mr. Greeley moves that Article 65 be taken off the table and be taken up with Article 64. Carried 9:05 P. M. Mr. Greeley moves that Articles 64 - 69 inclusive and Article 71 be taken up together. Carried 9:05 P. M. The Moderator, Robert B. Kent, declared that the motion of Mr. Cole under Article 65 is again on the floor. 9:05 P . M. Arthur E. Bryson, Jr. reports under Article 2 the Report of the Planning Board on Article 64. Report accepted and placed on file. 9:13 P. M. Article 65. A general discussion on Article 65 was held until 9:48 P. M. James F. Flynn moves the previous question. 9:48 P. M. Mr. Flynn' s motion carried by voice vote. 9:49 P . M. Kingston L. Howard requested that a record be made to show that he abstained from voting on Article 65. In Favor Tellers Opposed 26 Gordon E. Steele 6 43 Charles F. Gallagher, Jr. 11 43 Donald J. Shaw 32 Leonard J. Colwell 8 14-4 32 Main motion under Article` 65, as presented by Mr. Cole, declared adopted. 9:52 P . M. Mr. Bryson moves for reconsideration of Article 65 so the Planning Board Report can be read. Carried 9:52 P. M. Mr. Bryson reads Report of the Planning Board covering Article 65. 9:55 P . M. Van T. Boughton, Jr. makes the following amendment to Article 65: MOTION: That the motion offered under Article 65 be amended by striking out that portion dealing with the issuance of bonds or notes so that the amended motion reads as follows: To accept the alteration and relocation of a portion of Massachusetts Avenue from a point 382 feet, more or less, southeasterly of Meriam Street and extending southeasterly 235 feet, more orless, as altered and relocated by the Selectmen and shownupon a plan on file in the office of the Town Clerk dated January 8, 1965, 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; and to appropriate for such land acquisition and for the relocation and widening of Massachusetts Avenue as provided the sum of $250,000.00. 9:56 P. M. Mr. Kent asked Mr. Boughton if he would mind amending his amendment by inserting the words"raise and" before the word ? .ppropriate". Mr. Boughton accepted. 9:58 P.M. Amendment of Mr. Boughton declared lost by voice vote. 10:02 P. M. Article 65. James M. West moves theprevious ,� question. (Cont. ) 10:03 P. M. Motion of Mr. West declared carried by voice vote. 10: 05 P. M. Kingston L. Howard again requested that a record be made that he abstained from voting on Article 65. 10:06 P. M. _ In Favor Tellers Opposed 31 Gordon E. Steele 4 41 Charles F. Gallagher, Jr. 13 46 Donald J. Shaw 5 Leonard J. Colwell 6 152 28 Main motion under Article 65, as presented by Mr. Cole, declared adopted. 10:07 P. M. James F. Flynn moves for a five minute recess. Carried Unanimously 10:07 P. M. Meeting called to order again by the Moderator at 10:18 P. M. Article 64. The Moderator requested that a record be made that the Planning Board Report for Article 64 has already been presented. Presented by Arthur E. Bryson, Jr. MOTION: To amend the Zoning By-Law by adding a new sub- paragraph c. in paragraph 3. of subsection (d) of Section 5 thereof as follows : c. In the C 2 districts described in paragraphs 2. , 3. , 4., and 7 of subsection (d) of Section 4 of the Zoning By-Law, apartments each having independent _cooking facilities and not more than 700 square feet of floor area, on either the second or third floors, or both, of buildings of first class construction designed and used for stores, offices, and other per- mitted commercial uses on the first floor. At least one readily accessible offstreet parking space not less than 200 square feet in area and not less than 10 feet in width for each two apartments shall be provided on the same lot with the apartments. 10:21 P . M. Various speakers. Declared lost by voice vote. 10:31 P. M. Kingston L. Howard requested that a record be made that he abstained from voting on Article 64. Robert Cataldo presents Articles 66 through 69 inclusive. Article 66. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:33 P. M. Article 67. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:34 P . M. Article 68. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:34 P. M. Article 69. VOTED: That this article be indefinitely postponed. Carried Unanimously 10:35 P. M. 4g4 Article Article 71. Presented by Arthur E. Bryson, Jr. L- 71-1 VOTED: To raise and appropriate the sum of $13,000.00 for consulting planning services to be contracted for by the Planning Board for a study of needs, possibilities and resources of the Lexington central business district. 10:35 P . M. Mr. Bryson reads the Planning Board statement covering Article 71. 10:35 P . M. George Kolovson speaks for the Chamber of Commerce. 10:41 P . M. Main motion carried by voice vote. 10:43 P. M. I 1 Article 38. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are auth- orized to construct an off-street parking area on all or any part of the land situated on Waltham Street that was authorized to be acquired by vote adopted under Article 10 of the Special Town Meeting of November 23, - 1964 and abutting the existing parking area situated between Waltham Street and Muzzey Street; and to raise and appropriate therefor the sum of $7,000.00. Carried Unanimously 10:45 P. M. Article 39. Presented by Lincoln P. Cole, Jr. (See Page MOTION: That the Selectmen be and they hereby are auth- 436 for orized in the name and on behalf of the Town to sell and adopted convey, subject to suchexistingeasements, reserving to motion.) the Town such additional easements and upon such other terms and conditions, as the Selectmen may determine, all or any part or parts of a certain parcel of land on Waltham Street that was acquired in 1955 from Herman B. MacKay and Margaret R. MacKay as a part of the off-street parking area situated between Waltham Street and Muzzey Street, and is no longer needed by the Town; and that the minimum amount to be paid for such conveyance or con- veyances shall' be y $30,000.00; and that the deed or deeds of conveyance shall be in such form as the Selectmen, by their execution thereof, shall approve. 10:46 P. M. Slides shown. 10:48 P. M. General discussion until 10:54 P. M. Douglas T. Ross moves to lay Article 39 on the table. Motion of Mr. Ross carried by voice vote. 10:55 P . M. Article 40. Presented by Lincoln P. Cole, Jr. VOTED: To transfer from the Board of Selectmen to the School Committee for school, playground or recreational purposes, and for all purposes inci-dental thereto, the care, custody, management and control of a part of the land conveyed to the Town by Augustus E. Scott by deed dated March 30, 1915 and recorded in Middlesex South District Registry of Deeds Book 3981, Page 109, being that part of said land shown and marked "Land to be Transferred" on a plan entitled "Plan of Land to be Transferred from the Control of the Board of Selectmen to the Control of the School Committee under Article 40 of the March, 1965, Town Meeting", dated January 5, 1965, by John J. Carroll, Town Engineer, the conditions set forth in said deed limiting the use of the land to park and playground purposes having been released to the Town by the Trustees of Tufts College, the successor as residuary legatee and devisee under the will of said Augustus E. Scott of any rights to enforce said conditions, and use of said land for school, playground or recreational Article 40. purposes, and for all purposes incidental thereto, (Cont. ) having been authorized by Chapter 114 of the Acts of 1961. 10:57 P . M. Slides shown. 10:58 P. M. Main motion carried unanimously. 10:58 P. M. Article 41. Allan Green moves that this article be indefinitely postponed. 10:59 P. M. Indefinite postponement carried unanimously. 11:03 P. M. James F. Flynn moves that the meeting be adjourned to Monday, March 29, 1965 at 8 P. M. 11:04 P. M. Lincoln P. Cole, Jr. amends Mr. Flynn' s motion - that meeting be adjourned to Wednesday, March 24,1965 at 8 P. M. 11:04 P. M. Amendment made by Mr. Cole lost by voice vote. 11:05 P . M. Charles E. Parks amends Mr. Flynn' s motion - that meeting be adjourned to Saturday, March 27, 1965 at 9 A. M. 11: 05 P . M. Amendment made by Mr. Packs lost by voice vote. 11:06 P. M. Richard H. Battin amends Mr. Flynn's motion - that meeting be adjourned to Wednesday, March 24, 1965 at 8 P. M. 11:07 P. M. Mr. Battin' s amendment declared lost by voice vote. 11:07 P. M. Voice vote doubted, so standing vote taken as ¢follows: In Favor Tellers Opposed 24 Gordon E. Steele 8 32 Charles F. Gallagher, Jr. 20 36 Donald. J. Shaw 12 10 Leonard J. Colwell 26 102 66 Amendment made by Mr. Battin adopted. 11:09 P. M. Motion made by Mr. Flynn, as amended by Mr. Battin, that meeting be adjourned to Wednesday, March 24, 1965 at 8 P. M. adopted at 11:10 P.M, A true copy. - Attest: f Town Clerk E 6 cn ADJOURNED TOI4N MEETING HELD MARCH 24 1965 Meeting called to order by the Moderator, Robert B. Kent, at 8:04 P . M. C7') The question was raised regarding the presence of a quorum but the Chair declared that there was a quorum present. 8:04 P. M. Invocation offered by Rev. Robert H. Bartlett. 8:07 P. M. There were 171 Town Meeting Members present. Lincoln P. Cole, Jr. moves that Article 39 be taken off the table. Carried Unanimously 8:07 P. M. Mr. Kent asked Mr. Cole to read Article 39 again; which he did. Article 39. VOTED: That the Selectmen be and they hereby are auth- orized in the name and on behalf of the Town to sell and convey, subject to such existing easements, reserving to the Town such additional easements and upon such other terms and conditions, as the Selectmen may determine, all or any part or parts of a certain parcel of land on Waltham Street that was acquired in 1955 from Herman B. MacKay and Margaret R. MacKay as a part of the off-street parking area situated between Waltham Street and Muzzey Street, and is no longer needed by the Town; and that the minimum amount to be paid for such conveyance or convey- ances shall be $30, 000.00; and that the deed or deeds of conveyance shall be in such form as the Selectmen, by their execution thereof, shall approve. 8:08 P. M. Mr. `Cole gives explanation and shows slides. 8:12 P. M. Main motion, as presented by Mr. Cole, carried unanimously. 8:12 P . M. Article 42. Presented by Lincoln P. Cole, Jr. VOTED: To extend to a subsequent Town Meeting, not later than the Annual Town Meeting in 1966, the time within which the Historic Districts Study Committee appointed under Article 8 of the Special Town Meeting of January 23, 1963 shall report. Carried 8:13 P . M. Levi G. Burnell presents the following: Article 43. VOTED: That Articles 43 to 48, inclusive, be taken up together. Carried Unanimously 8:13 P. M. Article 43. VOTED: To establish as a town way, and accept the layout of as a town way, Albemarle Avenue from near Anthony Road a distance of 465 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 8, 1965, 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. 8:13 P . M. Arthur E. Bryson, Jr. , reads Planning Board Statement on Articles 43 through 55 (In favor) . 8:14 P. M. Main motion, as presented by Mr. Burnell, carried unanimously. 8:14 P. M. 460 Article hh . VOTED: To accept the alteration and relocation of Skyview Road as a town way as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8,. 1965, 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 8:15 P. M. Article 45. VOTED: To establish as a town way, and accept the layout of as a town way, Frost Road from East Street a distance of 575 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 8, 1965, and to author- ize the Selectmen to take by eminent domain, purchase or otherwise acquire anyfee, easement or other interest in i land necessary therefor. Carried Unanimously 8:15 P. M. Article 46. VOTED: To establish as a town way, and accept the layout of as a town way, Saddle Club Road from 300 feet, more or less, south of Bowser Road to 200 feet, more or less, west of Todd Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1965, 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 8:16 P . M. Article 47. VOTED: To establish as a town way, and accept the layout of as a town way, Todd Road from 325 feet, more or less, east of Bowser Road to Saddle Club Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1965, 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 8:17 P . M. Article 48. VOTED: To establish as a town way, and accept the layout of as a town way, Turning Mill Road from Partridge Road a distance of 1140 feet, `-mdre 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 8, 1965, 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 8:18 P. M. VOTED: To appropriate for land acquisition and for con- struction of the ways enumerated in articles 43 to 48, inclusive, the sum of $1,500.00, and to provide for pay- ment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:18 P. M. Levi G. Burnell presents the following: Article 49. VOTED: That articles 49 to 55, inclusive, be taken up together. Carried Unanimously 8:18 P. M. Article 49. VOTED: To establish as" a town way and accept the layout of as a town way, Cutler Farm Road from Hudson Road a dis- tance of 332 feet, more or less, southerly 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 8, 1965, 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 8:19 P. M. el 18 Article 50. VOT1T): To establish as a town way and accept the layout of as a town way, Hudson Road from 110 feet, more or less, east of Woodcliffe Road a distance of 530 feet, more or less, easterly to Cutler Farm 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 8, 1965, 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 8:19 P. M. Article 51. VOTED: To establish as a town way and accept the layout of as a town way, Columbus Street from Cedar Street a distance of 600 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 8, 1965, 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 8:20 P . M. Article 52. VOTED: To establish as a town way, and accept the layout of as a town way, Bennett Avenue from Tarbell Avenue a distance of 160 feet, more or less, westerly to Chase 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 8, 1965, 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 8:20 P . M. Article 53. VOTED: To establish as a town way, and accept the layout of as a town way, Chase Avenue from Bennett Avenue a distance of 250 feet, more or less, southerly 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 8, 1965, 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 8:21 P . M. Article 54. VOTED: To establish as a town way, and accept the layout of as a town way, Melrose Avenue from Bow Street a distance of 400 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 8, 1965, 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 8:22 P. M. Article 55. VOTED: To establish as a town way, and accept the layout of as a town way, Bruce Road from Hillside Avenue a dis- tance of -130 feet, more or less, easterly as ]aid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1965, 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 8:22 P. M. The Moderator states that the Statement of the Planning Board covering Articles 49-55 has already been given. VOTED: To appropriate for land acquisition and for con- struction of the ways enumerated in Articles 49 to 55, inclusive, the sum of $55,600.00, and to provide for pay- ment by transfer from the Excess and Deficiency Account. Carried Unanimously 8:23 P. M. Jules P. Sussman moves that Articles 84 and 85 be taken up at this time. 8:24 P. M. Carried by voice vote. 8:25 P. M. Article 84. Presented by Jules P. Sussman. VOTED: To appropriate an additional sum of $230,000.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964, of which $64,000.00 is to be raised in the current tax levy and the balance of $166,000.00 is to be provided by transfer from the Excess and Deficiency Account. 8:25 P . M. Mr. Sussman turns floor over to the Chairman of the Board of Selectmen. Mr. Cole stated that Selectman Robert Cataldo had taken no part in this article as his brother owned the property in question and that he would abstain from voting on this article tonight. 8:27 P. M. Mr Sussmangivesexplanation covering both Articles 84 and 85 and shows slides. 8:35 P. M. A general discussion was held until 9: 19 P. M. Mr. Parrish of the Appropriation Committee stated that his committee was in favor of both Articles 84 and 85. J. Keith Butters moves the previous question. 9:19 P. M. Carried 9:19 P. M. Mr. Sussman gives a summary of Article 84. 9:20 P. M. Main motion, as presented by Mr. Sussman, declared carried by voice vote. 9:21 P . M. Article 85. Presented by Jules P. Sussman. VOTED: To authorize the Conservation Commission 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, all or any part of the sum of $230,000.00 for the purchase, in the name of the Town, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, all or any part of two certain parcels of land being shown as Lots A and B on a plan entitled "A Compiled Plan of Land in Lexington, Mass." dated April 16, 1964, made by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, and recorded with Middlesex South District Deeds in Book 10511, Page 345, to which plan reference is hereby made for a more particular description; excepting therefrom Lot containing 33,400 square feet, more or less, on a plan entitled "Plan of Land in Lexington, Mass." dated July 23, 1964, made by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, and recorded with said Deeds in Book 10647, Page 442, to which plan reference is hereby made for a more particular description, the above described premises to be conveyed subject to easements of record of the Town of Lexington for sewer and drain. Carried Unanimously 9:23 P. M. Article 56. Presented by Arthur E. Bryson, Jr. (Approved VOTED: To amend the -Zoning By-Law of the Town of Lex- by Attorney ington by strikingoutthe entire paragraph 16 of sub- General, section (c) of Section 4 thereof. Edward W. -9:24 P. M. Brooke, April Mr. Bryson presents the Report of the Planning Board. 26, 1965) 9:25 P . M. 440 Prs,�m Article 56. Mr. Bryson asked that Joseph Mulhern, Attorney for the ( Cont. ) 1775 House be recognized. 9:27 P. M. Mr. Mulhern speaks. 9:38 P. M. General discussion until 9:55 P . M. Raymond J. Culler opposes the article and moves the previous question. Carried Unanimously 9:55 P. M. A standing vote on the main motion taken as follows : In Favor Tellers Opposed 20 Carl Blake 12 25 Robert C. Hargrove 19 20 Hugh M. Chapin 12 44 Martin A. Gilman 7 109 - 50 Main motion declared adopted. 9:57 P. M. George E. Rowe, Jr. questions the count. 9:57 P. M. Another standing vote taken as follows : In Favor Tellers Opposed 21 Carl Blake 12 27 Robert C. Hargrove 19 21 Hugh M. Chapin 12 44 Martin A. Gilman 8 113 51 Main motion, as presented by Mr. Bryson, declared adopted. 10: 01 P. M. Article 57. Arthur E. Bryson, Jr. moves for indefinite postponement. Carried 10:01 P . M. Article 58. Presented by Arthur E. Bryson, Jr. MOTION: To amend the Zoning By-Law of the Town of Lex- ington by striking out paragraph 22 of subsection ( c) of Section 4 thereof and inserting in place thereof a new paragraph 22 reading as follows : 22. Districts at the junction of Woburn and Lowell Street upon the northeasterly, southeasterly and southwesterly corners thereof and extending for a distance of 200 feet along each street from the junction points of the sidelines of each street and thence back at right angles to each said street until the exterior lines intersect. 10:02 P. M. Mr. Bryson reads the Report of the Planning Board. 10:05 P. M. Mr. Bryson asked that Mr. Kobrick, owner of the property, be recognized. 10:06 P. M. Mr. Kobrick speaks. 10:14 P. M. John E. Harvey moves for indefinite postponement. 10:17 P. M. • Indefinite postponement declared lost by voice vote. 10:17 P. M. Various speakers. 10:25 P . M. 441 Article 58. James F. Flynn moves the previous question. (Cont. ) Carried by voice vote. 10:25 P. M. Standing vote taken on main motion as follows: In Favor Tellers Opposed 15 Carl Blake 16 12 Robert C. Hargrove 34 15 Hugh M. Chapin 19 30 Martin A. Gilman 21 72 90 Main motion, as presented by Mr. Bryson, declared lost. 10:27 P. M. Article 59. Presented by Arthur E. Bryson, Jr. VOTED: To amend the Zoning By-Law of the Town of Lex- ington by striking out Section 1 thereof and inserting in place thereof a new Section 1 reading as follows: SECTION 1. (Approved by PURPOSE Attorney General, For the purposes set forth in General Laws, Chapter 40A, Edward W. Sections 1 to 22 inclusive, and all acts in amendment Brooke, thereof and in addition thereto, and under the authority April thereof and of General Laws, Chapter 143, and any other 26, enabling laws, the inspection, materials, construction, 1965. ) alteration, repair, height, number of stories, area, size, location and the use of buildings and structures,the size of lots, yards, courts and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as hereinafter defined and as shown on the Zoning Map prepared by the Planning Board, a copy of which is filed with the Town Clerk, which map as filed and as from time to time revised to conform to amendments of the Zoning By-Law is hereby made a part of this By-Law. 10:29 P . M. Mr. Bryson reads Report of the Planning Board. 10:30 P . M. Main motion carried unanimously. 10:30 P. M. Article 60. Presented by Arthur E. Bryson, Jr. (Approved VO'1'L1): To amend the Zoning By-Law of the Town of Lex- by ington by striking out the last sentence of Section 19 Attorney thereof and inserting in place thereof the following two General, sentences : ;Edward W. - Brooke, Any failure to alter or delay in altering the Zoning April Mapshall not 26, postpone or otherwise affect the effect- 1965. ) iveness of any amendment. The Zoning Map may be re- vised from time to time by the Planning Board by addition, deletion, or relocation of streets and other geographical features required to keep the map reasonably current and to facilitate orientation, but such re- visions shall in no way affect or change the location and boundaries of zoning- districts as defined in the text of this By-Law, as amended from time to time. 10:31 P. M. Mr. Bryson reads report of the Planning Board. 10:32 P .M. Main motion carried unanimously. 10:32 P. M. 442 Article 61. Presented by Lincoln P. Cole, Jr. . f4a,� VOTED: That the Selectmen be and they hereby are authorized to contract, in the name of the Town, with any agency of the United States Government in order to obtain financial assistance for the purchase of open space land in connection with the acquisition of land for school sites and to receive and expend Federal and other funds. Carried Unanimously 10:33 P. M. Article 62. Presented by Arthur E. Bryson, Jr. VOTED: To name Blossomcrest Road the way laid out by the Commonwealth of Massachusetts between existing Blossomcrest Road and Meadow Brook Avenue, including the change to Blossomcrest Road of the name of Vineyard Avenue and the name of that portion of Blossom Street located substantially within said way laid out by the Commonwealth of Massachusetts. Carried Unanimously 10:35 P. M. Article 63. Arthur E. Bryson, Jr. moves for indefinite postponement. Carried Unanimously 10:35 P. M. Article 70. Presented by Arthur E. Bryson, Jr. VOTED: To raise and appropriate the sum of $12,000.00 for consulting planning services to be contracted for by the Planning Board for a long-range study of the needs and resources of the Town. 10:35 P . M. Mr. Bryson reads statement of the Planning Board. 10:38 P . M. Mr. Bryson asks that the Capital Expenditures Committee be recognized. 10:39 P. M. Winston R. Hindle, Jr. speaks for the Capital Expendi- tures Committee. 10:40 P . M. Mrs. Howard Scharfman speaks from the balcony for the League of Women Voters. 10:41 P. M. Main motion carried unanimously. 10:42 P. M. James F. Flynn moves that meeting be adjourned to Monday, March 29, 1965 at 8 P. M. Lost by voice vote. 10:43 P. M. George E. Cooper moves for a five minute recess. Lost 10:43 P. M. Article 72. Presented by Leslie H. York. VOTED: That the Selectmen be and they hereby are auth- orized, subject to leave or validation by the General Court, to enter into a contract or contracts for the construction and original equipping and furnishing, in accordance with final plans and specifications prepared by the Committee appointed pursuant to the vote adopted under Article 32 of the Warrant for the 1963 Annual Town Meeting, of a public facilities and inform- ation building on a part of the Buckman Park land, and that said Committee which shall be known as the Public Facilities and Information Building Committee be and hereby is authorized to supervise the work; and that the sum of $57,900. be appropriated and that payment be provided by the current tax levy. 10:45 P. M. Mr. York shows slides. 10:57 P. M. 440 Article 72. Lincoln P . Cole, Jr. moves for indefinite postponement. ( Cont. ) 10:58 P . M. Frank T. Parrish, Jr. said that the Appropriation Committee seconded the indefinite:postponement. 10:58 P.M. Lee E. Tarbox speaks for the .Chamber of Commerce. He stated that the Chamber of Commerce would man the in- formation part of the building at their own expense.. 11: 01 P. M. Indefinite postponement voted on by voice vote, but the Chair was in doubt, so standing vote taken as follows : In Favor Tellers Opposed 17 Carl Blake 15 19 Robert C. Hargrove 27 19 Hugh M. Chapin 15 23 Martin A. Gilman 28 78 85 Indefinite postponement declared lost. 11:18 P. M. Various speakers. 11:25 P. M. Edwin A. Bennett moves the previous question. 11:25 P.M. Carried by voice vote. 11:25 P. M. Main motion, as presented by Mr. York, voted on and declared carried by voice vote. 11:25 P . M. Article 73. Presented by Arthur E. Bryson, Jr. MOTION: That the Selectmen be and they hereby are auth- orized on behalf of. the Town to purchase, take by eminent domain or otherwise acquire for street, playground and recreational purposes and other public purposes, all or any part of a parcel of land on Adams Street shown as Lot D on a plan entitled "Plan of Lots C, D, & E Adams Street Lexington, Mass. ", dated January 19, 1965, by John J. Carroll, Town Engineer; and to raise and appropriate therefor the sum of $10,000.00., 11:26 P . M. Mr. Bryson explains. 11:28 P. M. Mr. Cole speaks for the. Board of Selectmen. 11:31 P . M. Arthur. E. Burrell speaks against the article and shows slides. ,11:43 P. M. Logan Clarke, Jr. reads a statement prepared by Temple E. Scanlon. 11:45 P. M. Various speakers. 11:55 P . M. Thomas G. Taylor moves the previous question. Carried by voice vote. 11:55 P. M. Standing vote on main motion as follows: In Favor Tellers Opposed 17 Carl Blake 16 13 Robert C. Hargrove 31 8 Hugh M. Chapin 21 17 Martin A. Gilman 33 55 101 Main motion as presented by Mr. Bryson, declared lost. 11:57 P. M. 4 Article 7L.. Presented by Arthur E. Bryson, Jr. MOTION: That the Selectmen be and they hereby are auth- orized in the name and on- behalf of the Town to convey to John W. Castoldi, Inc. , a Massachusetts corporation, a parcel of land, which abuts upon land of said corporation, substantially as shown and marked Parcel-A on plan entitled "Plan of Land in Lexington, Mass. " dated January lig., 1965, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, - subject to a "Drain Easement 20+ Wide" as shown and so marked on said plan, such convey- ance to be in consideration of the conveyance to the Town by said corporation of a parcel of land substantially as shown and marked Parcel B on said plan. 11:58 P . M. Various speakers. Voice vote not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 19 Carl Blake 10 17 Robert C. Hargrove 21 18 Hugh M. Chapin 13 23 Martin A. Gilman 21 77 65 As this motion required a two-thirds vote, and less than two-thirds in favor, the motion was not adopted. 12: 07 A. M. Article 75. Presented by Arthur E. Bryson, Jr. VOTED: That the Selectmen be and they hereby are auth- orized 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 56,802 square feet, more or less, situated on Valleyfield Street and being shown as lots 59, 60 and 61 on a plan recorded in Middle- sex South District Registry of Deeds, Plan Book 361, Plan 20; and to raise and appropriate therefor the sum of $3,000.00. - - 12:08 A. M. Allen Lee Whitman, Jr. moves to amend by striking out "arid other public purposes". 12:08 A. M. Amendment declared lost by voice vote. 12:08 A. M. Main motion, as presented by Arthur E. Bryson, Jr. , carried unanimously. 12: 09 A. M. Article 76. Presented by Lincoln P. Cole, Jr. VOTED: That this article be indefinitely postponed. Carried Unanimously 12:10 A. M. Article 77. Presented by Lincoln P. Cole, Jr. MOTION: To amend the General By-Laws, as amended, by adding a new section under Article XXVI, Miscellaneous, to read substantially as follows : Section 1A. No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate restraint and control of some person by means of a leash. The owner or keeper of any such dog that is not so restrained or controlled off the premises of its owner or keeper shall be punishable by a fine of ten dollars for each offense. 12:10 A. M. 4445 Article 77. Mr. Cole gives explanation. 12: 11 A. M. (Cont. ) Burt E. Nichols speaks in favor. 12:13 A. M. Wallace B. Baylies, Jr. makes the following amendment: "I move that the matter of the Dog Leash Law be referred to a committee of 5 for study and that the Moderator be instructed to appoint such a committee to report to the next Annual Meeting." 12:13 A. M. Mr. Baylies speaks on his amendment. 12:15 A. M. Ephraim Weiss moves to amend the amendment by striking out the word "Annual". 12:16 A. M. Amendment of Mr. Weiss lost by voice vote. 12:16 A. M. Amendment presented by Mr. Baylies carried by voice vote. 12:17 A. M. Article 78. Presented by Lincoln P. Cole, Jr. VOTED: To change to "Veterans ' Memorial Room" the name of the "Veterans, Memorial Library" in the high school, that was voted under Article 1. of the Warrant for the Special Town, Meeting held November 17, 1952, and to authorize the School Committee to use the room for other than library purposes, provided that it shall continue to be accessible to the public during such hours of such days as the high school is open. 12:18 A. M. Ruth Morey makes the following amendment by adding at the end "and to maintain its memorial features". Amendment of Mrs. Morey carried unanimously 12:21 A. M. Main motion, as amended, carried unanimously 12:21 A. M. Article 79. Presented by Lincoln P. Cole, Jr. VOTED: That this article be indefinitely postponed. Carried Unanimously 12: 21 A. M. Article 80. Presented by Lincoln P . Cole, Jr. VOTED: To raise and appropriate the sum of $1,800.00 for a regulation baseball backstop for the Center Play- ground. Carried 12:22 A. M. Article 81. Presented by Lincoln P . Cole, Jr. VOTED: To raise and appropriate the sum of $1,000.00 for the development of an outdoor basketball area at the Adams School. Carried Unanimously 12:22 A. M. Article 82. Presented by Lincoln P. Cole, Jr. VOTED: To raise and appropriate the sum of $3, 000.00 for development of a multiple use recreation area at the Center Playground. 12:23 A. M. John E. Harvey moves for indefinite postponement. 12:2!4_ A.M. Indefinite postponement lost. 12:25 A. M. Main motion, as presented by Mr. Cole, carried by voice vote. 12:26 A. M. 4443 c= Article 86. Presented by Lincoln P. Cole, Jr. (7) VOTED: That this article be indefinitely postponed. Carried Unanimously 12:25 A. M. Lincoln P. Cole, Jr. moves that this meeting be dissolved. Carried Unanimously 12:25 A. M. A true copy. Attest: Town Clerk Marjorie C. L. Williams resigned as a Town Meeting Member in Precinct Six effective as of March 25, 1965. Marlin E. Whitney, L3 Wood Street, was moved up, and has accepted, filling the vacancy caused by Mrs . Williams , resignation. Term ends in March, 1966. 448 James F. Fenske resigned .as. a Town Meeting Member in Precinct Five as of May 14, 1965. trj George A. Kolovson, 10 Dewey Road, was moved up, and has accepted, filling the vacancy caused by Mr. Fenekets resignation. Term ends in March 1966. • Walter E. Sands, 57 Meriam Street, resigned as a Town Meeting • Member in Precinct Three as of January 14, 1966. Francis T. ?Morrell,' 183 Cedar Street, was moved up, and has accepted Town MeetingMembersh o in Precinct Three as of January 18, 1966, filling the vacancy caused by Mr. Sands' resignation: Term ends in March 1966. • • • Joseph A. Busa, 64 Hancock Street, has moved to Concord and I taken off Precinct Three as a Town Meeting Member as of January 114., 1966, thereby causing a vacancy in Precinct Three. Stillman P. Williams, 9 Sheridan Street, was moved up, and has accepted Town Meeting Membership in Precinct Three as of January 15, 1966, filling the vacancy caused by Mr. Busa moving to Concord. Term ends in March 1966. • • •