HomeMy WebLinkAbout1966-03-21 to 1966-03-31 ATM-min ANNUAL TOWN. MEETING HELD MARCH 21, 1966
Meeting called to order by the Moderator, Robert B. Kent, at
8:05 P. M.
There were 200 Town Meeting Members present.
Invocation offered by Rev. John J. Hogan of Sacred Heart Church.
8:06 P. M.
Mary R. McDonough, Town Clerk, read the warrant for the meeting
until further reading was waived by the Moderator. 8:07 P. M.
Mary R. McDonough read the Constable's Return of the warrant.
8:07 P. M.
Article 2. Frank T. Parrish, Jr. moves that the Appropriation
Committee Report be accepted and placed on file.
Carried Unanimously 8:08 P. M.
Van T. Boughton, Jr. moves that 'the report of the Capital
Expenditures Committee be accepted and placed on file.
Carried Unanimously 8:09-'P. M.
Richard K. Eaton .moves that the report of the Committee
on Cary Lectures be accepted and placed on file and the
committee discharged.
Carried Unanimously 8:10 P. M.
Wilbur M. Jaquith moves that the report of the historic
Districts Study Committee be accepted.
Carried Unanimously 8:10 P. M.
L
171
Article 2. Alden L. Ripley read the 1966 Annual Report of the
(Cont. ) Hunting Safety Committee for the Hunting Season of 1965
and moved that the report be accepted and placed on
file.
Carried Unanimously 8:13 P. M.
Burt E. Nichols moves that the Report of the Lexington Dog
Control Law Committee be accepted and placed on file.
Carried Unanimously 8:14 P . M.
Rufus L. McQuillan read the unanimous Report of the Board
of Health and moves that the report be accepted and
placed on file.
Carried Unanimously 8:20 P. M.
Unless otherwise noted, all articles presented by Lincoln P.
Cole, Jr., Chairman, 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 8:21 P. M.,
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 $ 27,573.00
Clerical Labor Pool for all dept's. 5,000.00
Expenses 4,695.00
Out of State Travel 350.00
Medical Expenses - Fire & Police 500.00
Director of Guides 1,000.00
8:22 P. M.
Town Clerk & Treasurer' s Department
Personal Services 17,659.00
(Of which $1,000.00 is to be trans-
ferred from the Parking, Meter Fund)
Expenses 2,500.00
Vital Statistics 100.00
Parking Meters - Expenses 60.00
(This amount to be transferred
from the Parking Meter Fund)
Out of State Travel 200.00
Foreclosure & Redemption of Tax Titles 100.00
8:23 P. M.
Trustees of Public Trusts
Expenses 400.00
8:23 P. M.
Board of Appeals
Personal Services 2,238.00
Expenses 2,150.00
8:23 P. M.
Planning Board
Personal Services 13,158.00
Expenses 6,800.00
Out of State Travel 8:24 P. M. 200.00
465
Article 4. Insurance
( Cont. )
Town Employees, Group Insurance $ 60,200.00
Insurance 65,000.00
8:24 P. M.
Printing Town Report
Expenses 3,300.00
8:24 P. M.
Law Department
Personal Services 4,000.00
Expenses 4,500.00
Special Fees 8,500.00
8:24 P. M.
Elections
Jurisdiction Selectmen 12,059.00
Jurisdiction Town Clerk 1,500.00
8:24 P. M.
Board of Registrars
Personal Services 1 3,500.00
Expenses 3,650.00
8:25 P. M
Appropriation Committee
Expenses 3,300.00
8:25 P . M.
Capital Expenditures Committee
Expenses 75.00
8:25 P. M.
Standing School Building Committee
Expenses 500.00
8:25 P. M.
Town Celebrations Committee
Expenses 5,000.00
8:25 P. M.
Historic Districts Commission
Expenses 450.00
8:25 P. M.
Conservation Commission
Expenses 300.00
8:25 P . M.
Recreation Committee
Personal Services 22,867.00
Expenses 6,285.00
8:25 P. M.
Collector' s Department
Personal Services 10,795.00
Expenses 2,575.00
Metered Mail 5,500.00.
8:25 P . M.
46
Article 4. Accounting Department
(Cont.)
Personal Services $ 25,450.o0
Expenses 2,127.00
8:25 P. M.
Assessors' Department
Personal Services 24,848.00
Expenses 2,625.00
Professional Services 2,500.00
Out of State Travel 200.00
8:25 P. M.
Health Department
Personal Services 12,517.00
Expenses 8, 125.00
Out of State Travel 250.00
Engineering 500.00
Animal Inspector 1,270.00
Rabies Clinic 1,030.00
8:26 P . M.
Dental Clinic
Personal Services 7,560.00
Expenses 800.00
8:26 P. M.
Police Department
Personal Services 342,043.00
(Of which $4,000.00 is to be transferred
from the Parking Meter Fund)
Expenses 48,445.00
Parking Meter Maintenance 400.00
(This amount to be transferred
from the Parking Meter Fund)
Out of State Travel 350.00
8:26 P . M.
Dog Officer
Personal Services 750.00
Expenses 700.00
• 8:27 P . M.
Fire Department
Personal Services 350,637.00
Expenses 34,795.00
Ambulance • 65(1.00
Out of State Travel 200.00
Forest Fires - Expenses 500.00
8:27 P. M.
Civil Defense
Personal Services 9,380.00
Expenses 11,320.00
Out of State Travel 225.00
8:28 P. M.
Inspection Department
Personal Services 22,972.00
Expenses 2,235.00
• Out of State Travel 175.00
8:28 P. M.
Weights & Measures
Personal Services 1,500.00
Expenses 545.00
8:28 P. M.
Article 4. Public Works Department 447
(Cont. )
Personal Services $ 413,516.00
8:28 P. M.
Public Works - Superintendent's Office
Personal Services 55,046.00
Expenses 1,933.00
Out of State Travel 200.00
8:28 P. M.
Engineering Department
Personal Services 69,600.00
Expenses 3,750.00
8:28 P. M.
Town Offices & Cary Memorial Building
Personal Services 18,367.00
Expenses 29,232.00
8:28 P . M.
Public Works Building
Expenses 7,675.00
8:29 P . M.
Highway Maintenance
Expenses 80,000.00
(Of which $k00 is to be transferred
from the Parking Meter Fund)
8:29 P. N.
Road Machinery
Expenses 52,200.00
8:29 P. M.
Snow Removal
Expenses 100,000.00
(Of which $1,000 is to be transferred
from the Parking Meter Fund)
8:29 P. M.
Traffic Regulation & Control
Expenses 12,600.00
8:29 P. M.
Street Lights
Expenses 78,000.00
8:29 P. M.
Street Signs
Expenses 1,000.00
8:29 P. M.
Sewer Maintenance
Expenses 20,3k9.00
8:29 P. N.
SewerServices
Expenses 10,700.00
8:29 P. M.
Garbage Collection
Expenses 61,459.00
8:30 P. M.
468r .
- Article k. (Cont. )
Sanitary Land Fill
F-1-1
Expenses 38,900.00
8:30 P . M.
Water Maintenance
Expenses 32,200.00
8:30 P . M.
Water Services
Expenses 9,500.00
8:30 P. M.
Park Department
Expenses 28,445.00
8:30 P. M.
Insect Suppression
Expenses 2,500.00
8:30 P. M.
Shade Tree
Expenses 11,500.00
8:30 P. M.
Dutch Elm
Expenses 2,950.00
8:30 P . M.
Public Facilities Building
Expenses 575.00
8:30 P . M.
Public Welfare
Personal Services 80781.00
Administration 625.00
Aid & Expemses 11,000.00
8:30 P. M.
Disability Assistance
Expenses 10,200.00
8:30 P. M.
Aid to Dependent Children
Expenses 14,200.00
8:30 P . M.
Old Age Assistance
Expenses 24,000.00
8:31 P. M.
Medical Assistance to the Aged
Expenses 68,700.00
8:31 P . M.
Veterans' Benefits
Personal Services 3,175.00
Administration 45o.00
Aid & Expenses 10,000.00
Graves Registration 250.00
Soldiers ' Burials 250.00
8:31 P . M.
4±0c-1
Article 4. Cemetery Department
(Cont. )
Personal Services $ 41,185.00
(Of which $1,000 is to be transferred
from the Westview Cemetery Perpetual
Care Fund)
Expenses 4,950.00
(Of which $4,000 is to be transferred
from the Westlaw Cemetery Perpetual
Care Fund)
8:31 P . M.
Cary Memorial LibrarZ
Personal Services 149,470.0C
8:31 P. M.
Expenses 55,050.00
(In addition to the amount of $3,000.00
received from the County for Dog Licenses)
8:31 P. M.
Board of Retirement
Accrued and Normal Liabilities 56,084.00
Expenses 782.00
8:32 P. M.
School Operation
Personal Services 5,213,700.00*
Expenses 905,501.00
Out of State Travel 10,400.00
Vocational Education 14,000.00
Athletics 71,395.00
Adult Education -
*To which the sum of $445,322.00 in available and
anticipated PL. 874 and P.L. 864 funds is to be applied,
and the balance is raised and appropriated under this
Article.
8:33 P. M.
David F. Toomey asked what the cost would be for bussing
students to Lexington from Boston. Alfred L. Viano,
Chairman of the School Committee, answered that there would
be no cost to the Town of Lexington that the money would
come from federal funds.
8:38 P. M.
Payment on Debt
Interest 384,884.00
(Of which $12,686.00 is to be transferred
from Water Department Available Surplus)
Maturing Debt 1,093,000.00
(Of which $71,000.00 is to be transferred
from Water Department Available Surplus)
8:39 P. M.
Main motion, as presented by Mr. Cole, carried unanimously.
8:50 P. M.
Article 5. VOThll: To establish the salary and compensation of the
Town Treasurer, Town Clerk and Town Collector of Taxes at
the following annual rates:
Town Treasurer $1,500.00
Town Clerk 7,500.00
Town Collector of Taxes 8,400.00
the increase over the rates established last year to
become effective April 1, 1966, and to raise and
appropriate therefor the sum of $17,155.00.
Carried Unanimously 8:52 P. M.
4740
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 years beginning January 1, 1967 and
January 1, 1968, and to issue a note or notes therefor,
payable within one year, in accordance with the provisions
of General Laws, Chapter 44, Section 4, and to renew
any note or notes as may be given for a period of less
than one year, in accordance with the provisions of
General Laws, Chapter 44, Section 17.
Carried Unanimously 8:53 P. M.
Article 7. VOTED: That this article be indefinitely postponed.
Carried Unanimously 8:54 P. M.
Article 8. VOTED: To raise and appropriate the sum of $3,077.65 for
the unpaid bills for prior years of the following
accounts:
ROAD MACHINERY
Builderst Equipment and Supplies Company $ 725.00
CONSERVATION COMMISSION
The Readers ' Digest 22.00
STANDING SCHOOL BUILDING COMMITTEE
Wrought Iron & Equipment Contract #E 8A 2,246.65
n
TI n n n #E 7A 84.00
Carried Unanimously .8:55 P. M.
Article 9. VOTED: To raise and appropriate the sum of $55,000.00
for the Reserve Fund.
Carried Unanimously 8:55 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 1966.
Carried Unanimously 8:56 P. M.
Article 11. VOTED: That thesum of $36,591.00 be raised and
appropriated for pensions for retired members of the
Police Department, and their dependents, and that the
sum of $17,514.00 be raised and appropriated for pensions
for retired members of the Fire Department, and their
dependents, under Chapter 32 of the General Laws.
Carried Unanimously 8:56 P . M.
Article 12. VOTED: That the Selectmen be and they hereby are author-
ized 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 8:58 P . M.
Article 13. VOTED: That the Selectmen be and they hereby are auth-
orized 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 $21,400.00,
and to provide for payment thereof by transfer of
$17,000.00 from the Water Department Available Surplus,
acid the transfer of $4,400.00 from the Water Assessment
Fund.
Carried Unanimously 9:02 P. M.
hz lY 1
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 raise
and appropriate for such- installation and land acquisition
the sum of $267,700.00.
Carried Unanimously 9:03 P. M.
Article 15. VOTED: That the Selectmen be and they hereby are author-
ized to install a sewer main or mains in such locations
as the Selectmen may determine from an existing sewer
main in Bedford Street in the vicinity of Eldred Street
to Winter Street in the vicinity of Sullivan Street,
subject to the assessment of betterments or otherwise, in
accordance with Chapter 504 of the Acts of 1897, as
amended, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other
interest in .and necessary therefor; and to appropriate
for such installation and land acquisition the sum of
$57,400.00, and to provide for payment thereof by
transfer from the Excess and Deficiency Account.
Carried Unanimously 9:04 P. M.
Article 16. VOTED: That the Selectmen be and they hereby are auth-
orized to install a sewer main or mains in such locations
as the- Selectmen--may determine from an existing sewer
main- in Emerson Road in the vicinity of Angier Road to
Burlington Street in the vicinity of Graham 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 installa-
tion and land acquisition the sum of $38,200.00, and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
Carried Unanimously 9:05 P. M.
Article 17. VOTED: That the Selectmen_ 'be' and they hereby are author-
ized- to- install a sewer main or mains, including a
pumping station and appurtenances, in such locations as
the Selectmen may determine, from Suzanne Road near its
intersection with Mill Brook Road to North Street near its
intersection with Adams Street, and from North Street
near its intersection with Adams Street to the existing
trunk sewer near the intersection of Grant Street and
Colony Road and also to Emerson Road near the point at
which it crosses Vine- Brook, 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 $109,000.00, and to provide
for payment by transfer of $93,500.00 from the Sewer
Assessment Fund and the transfer of $15,500.00 from
the Excess and Deficiency Account.
Carried Unanimously 9:06 P. M.
Article 18. VOTED: That the- Selectmen be and they hereby are
authorized to install drains in such accepted or un-
accepted streets or other land as the Selectmen may
determine, including the widening, deepening or altering
the course of brooks, streams andwater courses and the
construction of new channels in said other land, in
accordance with Chapter 263 of the Acts of 1926, as
amended, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor; and to
472
Article 18. appropriate for such installation and land acquisition
(Cont. ) the sum of $14,400.00;. and to provide for payment by
transfer from the Excess and Deficiency Account.
Carried Unanimously 9:07 P. M.
Article 19. VOTED: That the Selectmen be and they hereby are
authorized to construct concrete, bituminous concrete
or other sidewalks, at such locations as they shall
determine, where the abutting owner pays one half of the
cost, or otherwise; and to appropriate therefor the sum
of $40,600.00, and to provide for payment by transfer
from the Excess and Deficiency Account.
Carried Unanimously 9:08 P. M.
Article 20. VOTED: That the Selectmen be and they hereby are
authorized to install curbing at such locations as they
may determine, and to raise and appropriate therefor
the sum of $5,000.00.
Carried Unanimously 9:09 P. M.
Article 21.
VOTED: That the sum of $4,500.00 be raised and
appropriated for Chapter 90 highway maintenance.
Carried Unanimously 9:10 P. M.
Article 22. VOTED: That the sum of $95,100.86 be appropriated for
the reconstruction of all or any part of Massachusetts
Avenue under Chapter 90 highway construction, and that
payment be provided by the transfer of $60,000.00 from
the Excess and Deficiency Account and by appropriation
of the sum of $35,100.86 received from the State under
Chapter 6?9 of the Acts of 1965.
Carried Unanimously 9: 10 P. M.
Article 23. VOTED: That the sum of $54,000.00 be appropriated for
the widening and construction with permanent pavement of
Lowell Street from North Street to the Burlington Line,
and to provide for payment by transfer from the Excess
and Deficiency Account.
Carried Unanimously 9:10 P. M.
Article 24. VOTED: To appropriate the sum of $73,000.00 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 9:13 P. M.
Article 25. 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 9:13 P. M.
Article 26. VOTED: That this article be indefinitely postponed.
Carried Unanimously 9:13 P. M.
Article 27. 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 1967 Annual Town Meeting.
Carried Unanimously 9:15 P. M.
Article 28. MOTION: That the sum of $8,100.00 be raised and approp-
riated for the improvement of lowlands and swamps and
the eradication of mosquitoes under Section LEA of Chapter
252 of the General Laws.
9:15 P. M.
473
Article 28. Allen Lee Whitman, Jr. presents the following
(Cont. ) amendment:
That the sum of $8100 be raised and appropriated
for the improvement of lowlands and swamps and the
eradication of mosquitoes under section 14.A of
Chapter 252 of the General Laws, and that said im-
provement to lowlands shall be in conformity with the
Wetlands Control Act and shall be carried out in accord
with good Conservation practices as prescribed in that
act and by acts of the Federal Government, and said
eradication shall not include the use of the following
chemicals: Aldrin, dieldrin, endrin, heptachlor,
lindane, or parathion.
9: 16 P. M.
The Moderator rules that the motion to amend is not in
order and that he must reject the motion. 9:18 P. M.
Vernon C . Page moves to lay Article 28 on the table,
which was lost be voice vote. 9:18 P. M.
Lois W. Brown moves that this motion be postponed
until the next session of this meeting and that the
Town Meeting Members be given more information.
9:20 P. M.
The Moderator states that in case there would not be
another session of this meeting that Mrs. Brown should
specify a certain article after which Article 28 should
be considered. 9:20 P. M.
Mrs. Brown moves that Article 28 be postponed until
after' the disposition of Article 98. 9:20 P. M.
Mr. Cole asked for permission for Supt. of Public
Works, John J. Carroll, to speak to the Town Meeting
and explain this article. Permission was given and
Mr. Carroll gave an explanation. 9:23 P . M.
Various speakers.
Motion of Mrs. Lois W. Brown was lost by voice vote.
9:28 P. M.
James F. Flynn moves the previnus question, which was
carried unanimously 9:32 P. M.
Main motion as presented by Mr. Cole:
VOTED: That the sum of $8,100.00 be raised and
appropriated for the improvement of lowlands and swamps
and the eradication of mosquitoes under Section it.A of
Chapter 252 of the General Laws.
Carried by voice vote. 9:33 P. M.
Article 29. VOT.61.): 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 play-
ground or recreational or school purposes and that the
Selectmen be and they hereby are authorized on behalf of
the Town to acquire by purchase, eminent domain, or
otherwise, such lands or rights therein for such purposes
as are or may be included in options obtained by the
Selectmen; and that the balances in appropriations
previously made for the aforesaid purposes shall be
• available therefor.
Carried Unanimously 9:33 P. M.
474
appropriated Article 30. VOTED: That the sum of $!�,000.00 be pp priated for
the development of Westview Cemetery and that said sum be
provided by transfer from the Westview Cemetery Sale of
Lots Fund.
Carried Unanimously 9:34 P . M.
Article 31. VOTED: That this article be indefinitely postponed.
Carried Unanimously 9:34 P . M.
Article 32. VOTED: That the sum of $4,551.00 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 Unanimously 9:36 P. M.
Article 33. VOTED: That the Selectmen be and hereby are authorized
to purchase four voting machines; and to raise and
appropriate the sum of $8,500.00 therefor.
9:37 P. M.
Various speakers.
Carried by voice vote. 9:44.8 P. M.
Article 34. VOTED: To• appropriate the sum of $6,922.75
received in 1966 as State aid to public libraries to
be used by the Trustees of the Cary Memorial Library
in improving and extending library services in Lexington.
Carried Unanimously 9:51 P. M.
Article 35. VOTED: To accept Chapter 777 of the Acts of 1965
which is an Act establishing the office of comptroller
in the Town of Lexington.
Carried Unanimously 9:55 P. M.
Article 36. Presented by Robert Cataldo.
VOTED: That the Selectmen be and they hereby are
authorized to obtain preliminary plans and specifications
for alterations and additions to the existing Town
Office Buildings and for construction of an additional
Town Office Building, and to raise and appropriate there-
for the sum of $2,000.00.
9:56 P . M.
Various speakers.
Carried Unanimously 10:01 P. M.
Article 37. Presented. by Robert Cataldo.
VOTED: That the Selectmen be and they hereby are
authorized to retain professional services and prepare
final plans and specifications and to obtain bids for
the construction and original equipping and furnishing of
alterations and additions to the Town Public Works
Building -located at 201 Bedford Street; and to raise and
appropriate therefor the sum of $36,000.00.
10:02 P. M.
Mr. Cataldo shows slides. 10:08 P. M.
Joseph A. Campbell states that the Planning Board
recommends passage of this article. 10:10 P . M.
John E. Harvey moves that this article be indefinitely
postponed. 10:13 P. M.
474
Article 37. Various speakers.
(Cont. )
Motion of John E. Harvey for indefinite postponement
declared lost by voice vote. 10:27 P. M.
Various speakers.
Stillman P. Williams moves the previous question which
was carried by voice vote. 10:37 P. M.
Main motion as presented by Robert Cataldo declared
carried by voice vote. 10:37 P. M.
Article 38. Presented by Lincoln P . Cole, Jr.
VOTED: To appropriate the sum of $10,000 for the
purchase and installation of a generator to provide
emergency power for the Cary Memorial Building and
the Town Office Building, and to provide for payment by
transfer from the Excess and Deficiency Account.
Carried by voice vote. 10:45 P . M.
Alan G. Adams moves that the meeting be adjourned until Wednesday,
March 23, 1966 at 8 P. M. 10:45 P. M.
Robert B. Kent, Moderator, thanked the young people for manning
the microphones during the Town Meeting this evening.
The motion offered by Mr. Adams was carried unanimously.
10:45 P. M.
A true copy.
Attest:
7))t ( L
Town Clerk
4.7g 7.
ADJOURNED TOWN MEETING RRLD MARCH 23, 1966
Meeting Called to order by the Moderator, Robert B. Kent, at r �
8:04 P. M. There- were 189 Town Meeting Members present.
Invocation offered by Elder Alvin E. Wallace, Pastor of the
Reorganized Church of Jesus Christ of Latter Day Saints. 8:06 P. M.
Unless otherwise noted, all articles presented by Chairman of the
Board of Selectmen, Lincoln P. Cole, Jr.
Article 39. VOTED: That the Selectmen be and they hereby are auth-
orized to purchase and install additional and replace-
ment equipment for the .radio communications system of the
Town; and to appropriate therefor the sum of 37,000.00,
and to provide for payment by transfer from the Excess
and Deficiency Account.
8:07 P. M.
Mr. Cole gives explanation of article . 8:09 P. M.
Mr. Cole asks permission for Albert Gray, Executive
Assistant to the Board of Selectmen, to explain article.
Permission granted. 8:10 P. M.
Mr. Gray gives explanation. 8:11 P . M.
Allen Lee Whitman, Jr. moves to amend by striking out
the figure $37,000.00 and substituting therefor the
sum of $27,500.00. 8: 12 P. M.
Mr. Whitman gives explanation. 8:13 P. M.
Various speakers.
Mr. Cole again asks permission for Mr. Gray to speak.
Permission granted. 8:16 P. M. Mr. Gray speaks.
8:17 P. M.
Amendment of Mr. Whitman declared lost by voice vote.
8:17 P. M.
Motion, as presented by Mr. Cole, declared carried
by voice vote. 8:18 P . M.
Article 40. VOTED: To raise and appropriate the sum of $36,000.00
for the purchase and installation in the Central Fire
Station of additional and replacement equipment for the
fire alarm and comm ications systems and to convert the
present battery roommto an office.
8:18 P. M.
William P . Fitzgerald asks permission for Fred C. Bailey
of the Board of Fire Commissioners to speak on the
article. Permission granted. 8: 18 P. M.
Mr. Bailey gives explanation. 8:25 P. M.
Motion as presented, declared carried by voice vote.
8:25 P . M.
Article 41. VOTED: To raise and appropriate the sum of $10,000.00
for the partial development of a major playground at the
Harrington School.
8:25 P . M.
Mr. Cole asks permission for Vincent Hayes, Chairman of
the Recreation Committee, to speak on the article.
Permission granted. 8:25 P. M.
Mr. Hayes gives explanation. 8:30 P. M.
Article 41. Joseph A. Campbell, Chairman of the Planning Board,
(Cont. ) states that the majority of the Planning Board supports
this article. 8:30 P. M.
Paul B. West asks the opinion of the Appropriation
Committee. 8:30 P. M.
Robert M. Gary states that the Appropriation Committee
is opposed to this article at this time. 8:32 P. M.
Various speakers. 8:38 P. M.
Homer J. Hagedorn asks to have the motion repeated and
the Moderator reads the motion. 8:39 P. M.
Mr. Hagedorn moves to amend the motion by striking out
the word "major". 8:40 P. M.
Various speakers: 8:50 P. M.
Edwin A. Bennett moves the amendment but the Moderator
states the motion is out of order. 8:45 P. M.
Amendment of Mr. Hagedorn declared lost by voice vote.
8:46 P . M.
James M. West asks what "major" means. 8:50 P. M.
Mr. Hagedorn states that the center playground is a
major playground. 8:50 P. M.
Ruth Morey asks what the access to the playground would
be. 8:51 P . M. Mr. Hayes said the access would be in
the area around the Harrington School and a pathway from
Lowell Street.* 8:52 P. M.
Van T. Boughton, Jr. , Chairman of the Capital Expenditures
Committee, said that in the Committee's Report they had
supported this article but now suggests that this article
be postponed until further study has been made.
8:53 P. M.
James F. Flynn moves the previous question. 8:55 P. M.
Previous question carried by voice vote. 8:55 P . M.
Main motion, as presented by Mr. Cole, declared carried
by voice vote. 8:56 P. M.
Article 42. VOTED: To raise and appropriate the sum of $1,500.00
for further development of the W. John Baskin Playground.
Carried Unanimously 8:57 P. M.
Article 43. VOTED: To raise and appropriate the sum of $1,000.00
for resurfacing the Center Playground track.
Carried Unanimously 8:57 P. M.
Article 44. VOTED: To raise and appropriate the sum of $750.00 for
a backstop for the large play area at the William Diamond
Junior High School.
Carried Unanimously 8:57 P . M.
Article 45. VOTED: To raise and appropriate the sum of $3,000.00
for loaming and seeding the parcel of land situated on
Rindge Avenue that was acquired in 1965 for playground
and recreational purposes, and other public purposes.
Carried Unanimously 8:58 P. M.
Article 46. VOTED: To raise and appropriate the sum of $3,000.00
for clearing and leveling for playground and recreational
purposes a portion of a parcel of land owned by the Town,
located off Winter Street and near Marvin Street.
Carried Unanimously 8:58 P. M.
4r
Article 47. VOTED: To raise and appropriate the sum of
$1,000.00 ri
for clearing and leveling for playground and recreational
purposes a portion' of' land owned by the Town located on
Poplar Street.
Carried Unanimously 8:59 P. M.
Article 48. Presented by Wilbur M. Jaquith.
VOTED: That the Selectmen be and hereby are authorized
and directed to petition the General Court for the
enactment of legislation amending Chapter 447 of the
Acts of 1956, as amended by Chapter 185 of the Acts of
1958, to provide for the creation of'an additional
historic district and the extension of existing
historic districts substantially in accordance with the
proposed legislation prepared and recommended by the
Historic Districts -Study Committee and filed with the
Town Clerk on March 4, 1966.
9 P. M.
Mr. Jaquith gives explanation. 9:08 P. M.
Joseph A. Campbell states that the Planning Board
unanimously supports passage of Article 48. 9:08 P. M.
Lois W. Brown makes the following amendment:
I move to amend this motion by adding the following:
The words "additional historic district" and 'East Village
Historical District" shall be omitted from the legislation
requested and authorized by this motion and that like-
wise all reference to such district and all boundary
definitions of such district be also omitted.
9:13 P. M.
Mrs. Brown explains her motion to amend. 9:24 P. M.
Robert Cataldo, Selectman, speaks in favor of motion.
9:27 P. M.
Various speakers. 9:34 P. M.
Amendment of Mrs. Brown declared lost by voice vote.
9:35 P. M.
Main motion, as presented by Mr. Jaquith, declared
carried by voice vote. 9:35 P. M.
Article 49. VOTED: That the Moderator be and hereby is authorized
and directed to appoint a committee of five registered
voters of the Town to study the structure of the Town' s
government, ' the committee to be known as The Structure of
Town Government Committee, and to report its findings
and recommendations, including drafts of any proposed
legislation, to the 1967 Annual Town Meeting, a copy of
such report to be mailed to all registered voters at
least one week prior to the first deliberative session.
of that Annual Meeting, and that the sum of $400.00 be
raised and appropriated for the expenses of the
Committee.
9:36 P. M.
Homer J. Hagedorn gives explanation. 9:42 P . M.
Motion carried unanimously 9:43 P. M.
Article 50. Presented by Gordon E. Steele.
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 school, play-
ground and other public purposes, all or any part of
three parcels of land situated on and off Highland Avenue
and Pelham Road, said land being shown as Parcel "A",
Parcel "B" and Parcel "C" on a plan entitled "Plan of
Article 50. Proposed School Site, Lexington, Mass. ", dated December
(Cont. ) 7, 1965, Albert A. Miller, Wilbur C. Nylander, Civil
Engineers and Surveyors; and to appropriate for such
land acquisition the sum of $60,000.00, and to provide
for payment by transfer of $15,000.00 from the Excess
and Deficiency Account and by raising the balance of
$45,000.00 in the current tax levy.
9:45 P. M.
Mr. = Steele gives explanation. 9:50 P. M.
Various speakers. 9:56 P. M.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
36 John R. Bevan 3
41 Donald E. Grant 1
33 Frederick E. Tucker 3
Richard K. Eaton 12
152 19
Declared carried. 9:58 P. M.
James F. Flynn moves for a five minute recess. 9:58 P . M.
Declared lost by voice vote. 9:58 P. M.
Article 51. VOTED: That the Selectmen be and they hereby are auth-
orized-6n 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 33,955
square feet, more or less, situated at the junction of
Lowell Street and Woburn Street shown as lots 3B, 3C,
4B and 4C and two unnumbered lots on a plan recorded in
Middlesex South District Registry of Deeds, Book 8066,
Page 66; and to raise and appropriate for such land
acquisition the sum of $45,000.00.
10 P. M.
Mr. Cole gives explanation. 10:03 P. M.
Howard M. Kassler shows slides and gives explanation in
favor of this article. 10:10 P. M.
Joseph A. Campbell states that the Planning Board un-
animously agrees that the land use proposed by this
article is desirable however the board feels that the
decision as to price should be left to the Town Meeting.
10:10 P. M.
Stephen T. Russian states that $45,000.00 will not pur-
chase the land. 10:15 P. M.
Frank T. Parrish, Jr., Chairman of the Appropriation
Committee, agrees with Mr. Russian and moves for in-
definite postponement of this article. 10:17 P. M.
Various speakers. 10:33 P. M.
Indefinite postponement declared lost by voice vote.
10:33 P. M.
Stillman P. Williams moves the previous question.
10:35 P. M.
Motion of Mr. Williams carried by voice vote. 10:35 P. M.
Voice vote on main motion as presented by Mr. Cole not
unanimous, so standing vote taken as follows:
V
Article 51. In Favor Tellers Opposed 77-J
(Cont. )
29 John R. Bevan 14
30 Donald E. Grant 13
30 Frederick E. Tucker 7
32 Richard K. Eaton 23
121 57
Declared carried. 10:37 P. M.
Lincoln P. Cole, Jr. moves that the meeting be adjourned to
Monday, March 28, 1966 at 8 -P. M.
Carried Unanimously 10:38 P. M.
A true copy.
Attest:
)11
/(\) /7((
Town Clerk
ADJOURNED TOWN MEETING HELD MARCH 28, 1966
Meeting called to order by the Moderator, Robert B. Kent, at
8:03 P. M.
There were 190 Town Meeting Members present.
Invocation offered by Rev. Dr. Demetrios J. Constantelos of
St. Nicholas Greek Orthodox Church. 8:05 P . M.
Charles A. Winchester moves to re-open Article 51. 8: 05 P . M.
The Moderator states that there must be a two-thirds vote in
favor to re-open the article. 8:06 P . M.
Mr. Winchester gives reasons for the re-opening of Article 51.
8:12 P. M.
Rev. Harold T. Handley and Lincoln P. Cole, Jr. speak against
the re-opening.
Frank T. Parrish, Jr. states that the Appropriation Committee
supports re-opening of the article and would like to recommend to-
the town meeting that this article be indefinitely postponed.
8: 16 P . M.
Motion of Mr. Winchester declared lost ,by voice vote. 8:16 P .M.
Voice vote doubted, so standing vote taken as follows:
In Favor Tellers Opposed
16 Wilbur M. Jaquith 21
12 Robert H. Farwell 24
14 Harold T. Handley 31
35 Martin A. Gilman 22
77 98
Motion of Mr. Winchester not adopted. 8: 18 P. M.
Article 2. Allan Green presented the Report of General By-Laws
Committee which was voted to be accepted and placed
on file.
Carried Unanimously 8:18 P. M.
r
h
Article 52. Presented by Arthur E. Bryson, Jr.
VOTED: That the Selectmen be and they hereby are
authorized to beautify and improve Massachusetts
Avenue between Grant Street and Meriam Street by in-
stalling pedestrial malls or promenades by installing
or replacing curbing, by installing grass plots,
planting boxes, benches and ornamental lighting fixtures,
by planting hedges and trees, by redesigning, re-
arranging and replacing traffic and directional signs
and by doing other work irieidental to the beautification
and improvement of this section of Massachusetts Avenue,
including the engagement of professional design services;
that the sum of $60, 000.00 `be raised and appropriated
for the aforesaid purposes; and that the Selectmen be
and they hereby are authorized to apply for and accept,
on behalf of the Town, Federal and other grants, and to
execute and deliver any contracts and other instruments
necessary therefor in such form as the Selectmen, by the
execution thereof, shall approve.
8:20 P. M.
Mr. Bryson gives explanation and shows slides. 8:30 P. M.
Logan Clarke, Jr. said that this proposal had never been
discussed with the Appropriation Committee and moves for
indefinite postponement of this article. 8:34 P . M.
Various speakers. 8:43 P. M:`
Van T. Boughton, Jr. speaks for the Capital Expenditures
Committee supporting the article and speaks against the
motion for indefinite postponement. 8:46 P . M.
Donald E. Nickerson speaks in favor of indefinite post-
ponement at this time and movesthe motion which is
ruled out of order by the Moderator. 8:50 P. M.
Indefinite postponement declared lost by voice vote.
i I
8:52 P. M.
Robert V. Whitman and Erik L. Mollo-Christensen speak
in favor of the article and Paul B. West and Alfred P.
Tropeano speak in opposition. 9: 07 P . M.
Erik L. Mollo-Christensen moves the previous question.
9:07 P. M.
Motion of Mr. Mollo-Christensen adopted. 9:07 P. M.
Motion of Mr. Bryson declared carried by voice vote.
9:13 P. M.
Article 53. VOTED: To appropriate $11,730.52, subject to validation
by the General Court, for the purpose of discharging a
moral obligation to John R. Clark & Associates, Inc. for
performing certain road, sidewalk and curb work at the
Lexington High School, which obligation is unenforceable
due to the insufficiency of the appropriation in the year
in which the obligation was incurred and due to any
failure to comply with the requirements of applicable
statutes regulating competitive bidding on public works
or public buildings and requiring certification by the
Town Accountantthatan appropriation was available
therefor, and to authorize and direct the Selectmen to
petition the General Court for such validating legis-
lation; and to provide for payment by transfer from the
Excess and Deficiency Account.
Carried Unanimously 9:17 P. M.
482 cn
nz
Article 54. Presented by Joseph A. Campbell, Chairman of the
Planning Board.
CD
MOTION: To amend the Zoning By-Law by striking out
subparagraphs a. and b. of paragraph 1. in sub-
section (e) of Section 8 thereof under the caption
"CM 1 Districts" and by inserting in place thereof
the following new subparagraphs:
a. For each permitted prineipai building a lot containing an
area of not less than three acres and a frontage of not less
than 200 feet on each street on which such lot abuts.
b. For each permitted principal or accessory building:
( 1) A yard of not less than 75 feet in depth between any such
building and any street, limited access highway or district
boundary of an R ' 1, R 2 or A 1 district, provided however
that such yard may be reduced to not less than 50 feet for
any building not exceeding one story or 20 feet in height
(Approved exclusive of accessory features exempt by subsection (c)
by of Section 7 of this By-Law. Within such 75 feet or 50
Attorney feet, whichever is applicable, there shall be permitted
General, only walks, drivewaysand parking facilities, landscaped
Edward W. green areas of grass, shrubs, plants and trees; fences,
Brooke, pools, gates or security stations, and ornamental
May 10, structures specified as permitted in the finding and
1966) determination of the Board of Appeals. Parking facilities
shall occupy not more than 25% of the area of such yard
and shall be located not less .than 50 feet from the
boundaries of any R 1, R 2 or A l district.
(2) Side and rear yards of not less than 25 .feet in depth on
all sides other than where the greater yard defined in
the preceding subparagraph (1) shall be required. Within
such 25 feet there shall be permitted only landscaped
green areas of shrubs, plants, trees and grass and the
necessary walks, driveways and railroad sidings.
(3) A minimum distance of 30 feet between buildings and
each building shall be surrounded by a fire lane, pro-
vided, however, that buildings may be interconnected
by corridors or walkways, if provision is made for
access by fire apparatus to all outside walls.
9: 19 P. M. _
Mr. Campbell reads the Report of the Planning Board
on Articles 54 through 56. 9:23 P. M.
Ruth Morey offers the, following amendment:
Amend' paragraph b ( 1) by striking out the balance of
the first sentence, after the words "Al district, "
and deleting the words "or 50 feet, whichever is
applicable" in the second sentence.
So that the paragraph shall read
"A yard of not less than 75 feet in depth between
any such building and any street, limited access
highway or district boundary of an R1, R2 or Al district.
Within such 75 feet there shall be permitted - etc. as
printed in the warrant.
9:24 P . M.
Mrs. Morey states that the Planning Board are not adverse
to this change and Mr. Campbell agreed.
9:25 P. M.
Amendment offered by Mrs. Morey carried unanimously.
9:25 P. M.
Ephraim Weiss offers the following amendment:
Under Article 54, subparagraph b:
change the present wording to read:
6,t0
Article 54. (Amendment of Mr. Weiss (Cont. )
(Cont. )
"b. For each permitted principal or accessory building:
(1) A yard of not less than 75 feet in depth between
any such building and any street or limited access
highway. A yard of not less than 100 feet in depth
between any such building and any district boundary of
an R1, R2 or Al district. Within such 100 feet, or 75
feet, whichever is applicable, there shall be per-
mitted . . . . . . . "
". • . .Parking facilities shall occupy not more than
25% of the area of such yard and shall be located not
less than 100 feet from the boundaries of any R1, R2
or Al district. "
9:27 P . M.
Mr. Campbell states that the Planning Board is un-
animously opposed to Mr. Weiss' s amendment. 9:30 P . M.
Amendment offered by Mr. Weiss declared lost by voice
vote. 9:37 P . M.
The Moderator declared that the motion offered by
Mr. Campbell, as amended by Mrs. Morey, as follows is
carried unanimously. 9:40 P . M.
VOTED: To amend the Zoning By-Law by striking out sub-
paragraphs a. and b. of paragraph 1. in subsection (e) of
Section 8 thereof under the caption "CM 1 Districts" and
by inserting in place thereof the following new sub-
paragraphs:
a. For each permitted principal building a lot containing an area
of not less than three acres and a frontage of not less than
200 feet on each street on which such lot abuts.
b. For each permitted principal or accessory building:
( 1) A yard of not less than 75 feet in depth between any such
building and any street, limited access highway or district
boundary of an R1, R2 or Al district. Within such 75 feet
there shall be permitted only walks, driveways and parking
facilities, landscaped green areas of grass, shrubs, plants
and trees; fences, pools, gates or security stations, and
ornamental structures specified as permitted in the finding
and determination of the Board of Appeals. Parking
facilities shall occupy not more than 25% of the area of
such yard and shall be located not less than 50 feet from
the boundaries of any R 1, R 2 or A 1 district.
(2) Side and rear yards of not less than 25 feet in depth on
all sides other than where the greater yard defined in
the preceding subparagraph ( 1) shall be required. Within
such 25 feet there shall be permitted only landscaped
green areas of shrubs, plants, trees and grass and the
necessary walks, driveways and railroad sidings.
(3) A minimum distance of 30 feet between buildings and each
building shall be surrounded by a fire lane, provided,
however, that buildings may be interconnected by corridors
or walkways, if provision is made for access by fire
apparatus to all outside walls.
( Carried Unanimously 9:40 P . M. )
Article 55. Presented by Joseph A. Campbell.
•
(Approved VOTED: To amend the Zoning By-Law by striking out the
by figure "75" in subparagraph d. of paragraph 1. in sub-
Attorney section- ( e) of Section 8 thereof and by inserting in
General, place thereof the figure "66.7".
Edward W. 9:40 P . M.
Brooke,
May 10, The Moderator states that the Planning Board Report of
1966) this article was read and presented under Article 54.
9:42 P. M.
4
Article 55. Mr. Campbell states that the Planning Board is, unanimously a`°
(Cont. ) in favor of this article. �'
r)
Motion of Mr. Campbell carried unanimously 9:42 P. M.
Article 56. Presented by Joseph A. Campbell.
VOTED: To amend the Zoning By-Law by striking out
subparagraph g. of paragraph 1. in subsection ( e) of
Section 8 thereof under the caption "CM 1 Districts".
(Approved 9:43
by
Attorney The Moderator states that the Planning Board Report of
General, this article was read and presented under Article 54.
Edward W. 9:Li.3 P. M.
Brooke,
May 10, Mr. Campbell states that the Planning Board is un-
1966) animously in favor of this article. 9:43 P. M.
Charles A. Winchester moves for a five minute recess
which was declared lost by voice vote. 9:44 P. M.
Motion, as presented by Mr. Campbell, declared carried
unanimously. 9:45 P. M.
Joseph A. Campbell moves to take up Article 58 before taking up
Article 57. 9:.46 P . M. (See Page 493 for Article 57. Pg• 485)
Motion of Mr. Campbell carried unanimously. 9:46 P . M.
Article 58. Presented by Joseph A. Campbell.
MOTION: To amend the Zoning By-Law as printed in the Town
(See Pages Warrant under Article 58 with the following change: by
490-493 inserting in place of paragraph 1 of subsection (k) of
for motion section D the following:
as adopted)
(k) CS-Service and trade districts
1. A district on the southwesterly side of Bedford
Street between the railroad right-of-way and the North
Lexington Brook, beginning at the intersection of the
center line of said North Lexington Brook with the
southwesterly side line of Bedford Street; thence
generally southeasterly by said side line of Bedford
Street by several courses, a distance of 315 feet, more
or less, to the northeasterly side line of the Boston and
Maine Railroad right-of-way; thence by said side line
of the Boston and MaineRailroad right-of-way by a curve
of 1890.58 feet radius, a distance of 669.07 feet, and
by a curve of 2753.03 feet radius, a distance of 135
feet more or less; thence northeasterly 184 feet, more
or less, to the center line of North Lexington Brook;
thence generally southeasterly by said center line of
the North Lexington Brook a distance of 484 feet more
or less to the point of beginning.
9:47 P. M.
Joseph A. Campbell reads the Report of the Planning
Board covering Articles 57 and 58. 9:58 P. M.
Mr. Campbell states that the Planning Board is un-
animously in favor of the passage of Articles 57 and
58. 9:55 _P P. M.
Mr. Campbell notes one change in the Report of the
Planning Board - the Knights of Columbus Building on
Bedford Street (Knights of Columbus property) is not
under option by Dunn Ford agency at this time.
9:55 P. M.
Otis S. Brown, Jr. shows slides, read* statement opposing
the article and moves for indefinite postponement.
9:58 P. M.
4-±da
Article 58. Francis T. Worrell speaks for, the Planning Board
(Cont. ) 10:04 P. M.
Sumner P . Wolsky speaks against indefinite postponement.
10:06 P. M.
Allan F. Kenney speaks in support of indefinite post-
ponement. 1010 P. M.
Motion by Mr. Brown for indefinite postponement declared
lost by voice vote. 10:12 P. M.
Vernon C. Page speaks against the article. 10: 13 P . M.
Frederick T. Conroy is recognized by the Moderator and
speaks for the Stevens Trust against the article.
10:18 P . M.
Paul B. West speaks against the article. 10:19 P. M.
James F. Flynn moves the previous question. 10:19 P. M.
Motion of Mr. Flynn declared carried. 10:20 P. M.
Voice vote on main motion declared lost by voice vote.
10:21 P . M.
Voice Voter doubted, so standing vote taken as follows:
In Favor Tellers Opposed
7 Wilbur M. Jaquith 30
18 Robert H. Farwell 17
30 Harold T. Handley 20
16 Martin A. Gilman 36
71 103
Declared lost. 10:23 P. M.
Raymond J. Culler moves for a ten minute recess which
was lost by voice vote. 1024 P. M.
Article 57. Presented by Joseph A. Campbell.
(See Pages MOTION: To amend the Zoning By-Law by adding after the
484 and designation "C 1" in the first line of subsection ( a) of
493. Section 7 thereof under the Caption "Height Regulations"
Adopted the new district desiy.ation "ON", so that said sub-
motion section (a) shall read as follows:
on 493)
(a) In .R 1, R 2, T .1, C 1 ON and A 1 districts, buildings
shall not exceed two and one-half stories and a maximum
height of forty feet, except that schools, municipal
buildings and hospitals may contain three full stories
with a maximum height of forty-five feet. In C 4
districts, buildings shall not exceed two stories and a
maximum height of forty feet.
10:26 P. M.
The Moderator states that the Planning Board Report of
this article was read and presented under Article 58.
10:26 P. M.
Mr. Campbell states that the Planning Board is unanimously
in favor of passage of this article. 10:27 P. M.
Natalie H. Rift in moves far postponement of the motion
offered under Article 57 and moves to take up Article
59.
Carried Unanimously 10:27 P . M..,
C:7;
Article 59. Presented by Natalie H. Riffin.
Under Article 59 I offer the following motion:
To amend the Zoning By-Law as stated in Article 59
of the March 1966 Town Warrant - by deleting number 8
under E ( 1) ON - Neighborhood business districts
(P. 31 of warrant) Laconia St., Lowell St., Woburn
St. district.
10:30 P. M.
Mrs. Riffin reads the Planning Board Report covering
Articles 57 and 59. 10:35 P. M.
Marlin E. Whitney moves to delete Section D and that
part that follows. 10:35 P. M.
(Approved The Moderator declared a five minute recess. 10:40 P. M.
by
Attorney Meeting called to order by the Moderator at 10:47 P. M.
General,
Edward W. Joseph A. Campbell gives notice of reconsideration of
Brooke, Article 58. 10:49 P . M.
May 10,
1966) General discussion by various speakers. 10:55 P. M.
The amendment as presented by Marlin E. Whitney, voted
upon and declared lost by voice vote. 10:55 P. M.
Ephraim Weiss moves to amend by inserting paragraph 8
under E ( 1) as printed under Article 59 in the warrant.
10:58 P . M.
General discussion by several speakers. 11: 07 P. M.
Ephraim Weiss withdraws his motion to amend. 11:07 P . M.
Joseph A. Campbell moves to amend the motion under
Article 59 by striking out the figure "22. " and the
words "and by inserting in place of said paragraph 22. a
new paragraph to read as follows: " and by striking out
paragraph 22. in its entirety, so that paragraph D.
shall read as follows:
D. By striking out paragraphs numbered 6. 10., 12.,
]J4., 15. , 19. , 20., and 25. in subsection ( c5 of Section
4 thereof under the caption " C 1 - Local business dis-
tricts".
11:10 P. M.
Mr. Campbell's amendment declared carried by voice vote.
11:10 P. M.
Robert E. Meyer moves to amend the motion under Article
59 by striking the figure "200" in the fifth line of
paragraph 1.e. of subsection ( 1) of Section C. and in-
serting in place thereof the figure "100".
-11:12 P. M.
Alfred S. Busa moves for indefinite postponement but
the Moderator rules the motion out of order at this
time. °11:15 P. M.
Mr. Meyer' s amendment declared lost by voice vote.
11:16 P .. M.
Alfred S. Busa moves for indefinitepostponementwhich
was declared lost by voice vote. 11:18 P. M.
James F. Flynn mdves the previous question which was
carried by voice vote. 11: 19 P . M.
4.k 6
Article 59. Voice vote on the main motion as presented by ,Mrs. Riffin
(Cont. ) not unanimous, so standing vote taken as follows:
In Favor Tellers Opposed
23 Wilbur M. Jaquith 9
26 Robert H. Farwell 6
42 Harold T. Handley 6
314. Martin A. Gilman 18
125 39
The vote being more than two-thirds in favor, the
Moderator declared the following motion adopted:
11:20 P. M.
VOTED: To amend the Zoning By-Law as follows:
A. By adding at the end of Section 3 thereof under the
caption "DISTRICTS DEFINED" the following paragraph:
"( 1) ON-Neighborhood business districts"
B. By adding at the end of Section 5 thereof under
the caption "PERMITTED BUILDINGS AND USES" the following new
subsection ( 1) :
( 1) ON Districts
1. All buildings and uses which are permitted in R 1 districts,
but subject to all applicable conditions and restrictions set
forth in Section 5, subsection (a) of this By-Law.
2. Drugstores and retail stores for the sale of beauty and
health aids, medicines and medical supplies, foods not intended
for consumption on the premises, smoking supplies, periodicals,
books, stationery, toys, hardware, and arts and crafts supplies.
Expressly prohibited are liquor stores, outside storage and
outside display of merchandise.
3. Neighborhood-type service establishments and offices of
physicians, dentists, barbers, hairdressers and beauticians,
manicurists, opticians, real estate brokers, and watch, shoe
and clothing repairs. Expressly prohibited are offices of agents,
salesmen and representatives of manufacturing, distributing,
wholesale, and insurance companies and establishments for treat-
ment, boarding and care of animals.
4. Subject to a special permit by the Board of Appeals issued
in accordance with the applicable provisions of Section 14 of
this By-Law:
a. Delicatessens, and lunch counters and soda fountains
incidental to the permitted business of a drugstore.
b., Self-service- automatic laundry and dry-cleaning
establishments and pick-up stations of cleansing,
laundry and dyeing plants.
c. Gasoline service stations, including the maintenance
and minor repairs of passenger automobiles, where in
the judgment of the Board of Appeals a clearly
established neighborhood need will be served thereby.
Special permits issued hereunder shall be subject to
such conditions, restrictions and safeguards as the
Board of Appeals may impose to protect the character
of the neighborhood and to reduce interference with
the safe and convenient flow of traffic.
d. Branch banks and undertakers.
O. By adding at the end of Section 8 thereof under the
caption "AREA, FRONTAGE- AND YARD REGULATIONS" the following
new subsection (l) :
( 1) CN Districts
1. In ON Districts there shall be provided:
1438
rye
Article 59. E
(Cont. )
a. For each permitted principal building a lot having an
area of not less than 15,500 square feet and a frontage on
at least one street, designated as the frontage street
for such building, of not less than 125 feet, provided,
however, that any lot of land which on February 21,
1965, was in ownership separate from that of adjoining
land located in the same CN district shall be deemed to
satisfy the requirements of this By-Law for area and front-
age in CN districts.
b. On each lot a front yard on the frontage street of not
less than 30 feetin depth which may be used for parking
except for the portions thereof within 10 feet of a
street or within 20 feet of an R 1, R 2 or A 1 district,
which portions shall contain only green areas of grass,
plants, shrubs and trees, and necessary walks, driveways
and fences.
c. On each lot having only buildings and uses permitted in
R 1 districts, side and rear yards which would be re-
quired if such lot were located in an R 1 district.
d. On each lot other than those described in paragraph c.
hereof, a side yard on each side of not less than 20 feet
and a rear yard of not less than 20 feet. These yards,
where within 20 feet of an R 1, R 2 or A 1 district, shall
contain only fences, green areas of grass, shrubs, plants
and trees and the necessary walks and driveways.
e. For each permitted principal or accessory building other
than those permitted in R 1 districts, a parking area on
the same lot as such building and containing not less than
one parking space, as hereinafter defined, for each 200
square feet of floor area in such building. As used
herein, the term "parking space" shall mean an area avail-
able for parking one motor vehicle and having a width of
not less than. 10 feet and an area of not less than 200
square feet, exclusive of passageways and driveways appurt-
enant thereto, and with free and unimpeded access to a
street over unobstructed 'driveways laid out so as not to
require backing out into a street. The term "floor area",
as used herein, shall mean the aggregate horizontal area
in square feet of floors within the walls enclosing the
building, exclusive of garage, cellar, basement or other
areas used only for storage or for services incidental
to the operation or maintenance of the building.
f. All principal and accessory buildings on one lot shall
have a total floor area, as defined in the preceding
paragraph :e. , of not more than 3,000 square feet.
g. A distance of not less than 20 feet between buildings.
D. By striking out paragraphs numbered 6. , 10. , 12. ,
14., 15., 19.. , 20. and 25. in subsection ( c) of Section 4 thereof
under the caption '�'Cl-Local business districts".
E. By adding at the end of Section 4 thereof entitled
"GDDGRAPHICAL DESCRIPTIONS OF DISTRICTS"a new subsection ( 1) to
read as follows:
( 1) CN-Neighborhood business districts
1. A district on the easterly si
8
Article 59. (Cont.)
2. A district on the northerly side of Marrett Road be-
ginning at a- point 69.50 feet westerly of the westerly terminus
of a curve of 215.14.7 feet radius; thence westerly along the
northerly line of said Marrett Road a distance of 197.70 feet to
a point; thence northerly a distance of 214.15 feet to a point;
thence westerly a distance of 86.04 feet to a point; thence
northeasterly a distance of 78.12 feet to a point; thence south-
easterly a distance of 260.42 feet to a pdnt-; thence -southwesterly
a distance of 60 feet to a point; thence westerly a distance of
15.3 feet to a point; thence southerly a distance of 200.9 feet
to the point of beginning, said district including Lots 193, 194.
and 195 as shown on a plan recorded in the Middlesex South District
Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a
plan recorded in the Middlesex South District Registry of Deeds in
Book 32.1, Page 5.
3. A district at the intersection of the northeasterly line of
Lincoln Street with the easterly line of School Street, extending
for a distance of 200 feet southeasterly along said Lincoln
Street and for a distance of 200 feet northerly along said School
Street and for a depth of 200 feet from the lines of said streets.
4.. A district at the southwesterly corner of Waltham Street
and Concord Avenue beginning at a point on the southerly line of
said Concord Avenue; thence bearing to the right with a curve of
69.17 feet radius, a distance of 90.99 feet to a point of tangency
in the westerly line of said Waltham Street; thence S05°39' 051E,
a distance of 42.06 feet to a point of curvature; thence bearing
to the right with a curve of 1,945.62 feet radius, a distance of
52.94 feet to a point; thence N81°04120"W, a distance of 150 feet
to a point, thence N50°22'30"W, a distance of 14.8.54 feet to a
point in the southerly line of Concord Avenue; thence S81°01125"E,
a distance of 96.61 feet to the point of beginning.
5. A district at the southeaster corner of Waltham Street
and Concord Avenue beginning at -a point on the southerly line of
Concord Avenue; thence along said southerly line S79°43115"E, a
distance of 68.52 feet to- a point; thence S11°4.4155"W, a distance
of 160.4.5 feet to a point; thence westerly a distance of 99.50
feet to a point in the easterly line of said Waltham Street;
thence northerly along said easterly line of Waltham Street
bearing to the left by a curve of 2,005.62 feet radius, a distance
of 95.33 feet to a point of reverse curvature; thence bearing to
the right by a curve of 60.97 feet radius, a distance of 112.72
feet to the point of beginning.
6. A district on the westerly side of Bedford Street -beginning
at a point on the southwesterly side- of Bedford Street, said point
being 154 feet northwesterly from a stone bound at the south-
easterly terminus of a curve of 866.4 feet radius, and extending
southeasterly along Bedford Street to the northeasterly side line
of` Reed Street and to a depth of 100 feet from the adjacent side
line of Bedford Street
7. A district on the northeasterly side of Bedford Street be-
ginning at the intersection of the northeasterly side line of
Bedford Street with the northerly side line of the Boston and
Maine Railroad right of way; thence northwesterly by said side
line of Bedford Street, a distance of 152.2 feet, more or less,
to the northwesterly boundary of land now or formerly of Dynel
Incorporated; thence northeasterly by said boundary 100 feet;
thence southeasterly by a- line parallel to and 100 feet north-
easterly from the northeasterly side line of Bedford Street to the
northerly side line of the Boston and Maine Railroad right of
way; thence by said side line of the Boston and Maine Railroad
right of way, northwesterly to the point of beginning.
9. A district at the northwesterly corner of Waltham Street
and Concord Avenue extending 200 feet northerly along the westerly
side line of Waltham Street and 200 feet westerly along the north-
erly side line of Concord Avenue from the intersection of said
lines; thence back at right angles to each said street until the
lines intersect.
_ (Adopted. 11:20 P. M. )
James F. Flynn moves that the meeting be adjourned to Wednesday,
March 30, -1966 at 8 P. M. at the Cary Memorial Hall. 11:22 P . M.
Carried Unanimously 11:22 P. M.
A true copy.
Attest.
Town Clerk
Cdi
N.'
ADJOURNED TOWN MEETING HELD MARCH 30, 1966
Meeting called to order by the Moderator,, Robert B. Kent, at
8:05 P. M.
There were 179 Town. Meeting Members present.
Invocation offered by Rev. Harold T. Handley of the Church of
Our Redeemer. 8:06 P. M.
Joseph. A. Campbell moves reconsideration of Article 58. 8:06 P.M.
Various speakers both for and against reconsideration. 8:13 P. M.
Arthur E. Burrell gives notice of reconsideration of Article 59
but it was ruled out of order by the Moderator. 8:13 F. M.
Arthur E. Burrell gives notice to have Article 59 re-opened.
8:13 P. M.
Stillman P. Williams moves the previous question (motion of
Mr. Campbell for reconsideration) . 8:13 P. M.
Voice vote on motion by Mr. Williams declared lost by voice.
3:14 P. M.
Over 20 members doubted the vote, so standing vote taken as
follows:
In Favor Tellers Opposed
31 Gordon E. Steele 5
27 Stephen T. Russian 2
34 J. S. Nason Whitney 7
George E. Cooper
141 18
Previous question adopted. 8:16 P. M.
Voice vote on Mr. Campbell' s motion for reconsideration of
Article 58 doubted, so standing vote taken as follows :
In Favor Tellers Opposed
214- Gordon E. Steele 13
19 Stephen T. Russian 12
24 J. S. Nason Whitney 14
27 George E. Cooper 25
94. 64
Reconsideration of Article 58 declared adopted. 8:18 P. M.
Article 58. The Moderator reads the motion offered by Mr. Campbell
at the March 28, 1966/under Article 58 as follows:
Adjourned Town Meeting
(Approved MOTION: To amend the Zoning By-Law as printed in the
by Town Warrant under Article 58 with the following change:
Attorney by inserting, in place of paragraph 1 of subsection (k)
General, of section D the following:
Edward W.
Brooke, (k) CS-Service and trade districts
May 10,
1966) 1. A district on the southwesterly side of Bedford
Street between the railroad right-of-way and the North
Lexington Brook, beginning at the intersection of the
center line of said North Lexington Brook with the
southwesterly side lineof Bedford Street; thence
generally southeasterly by said side line of Bedford
Street by several courses, a distance of 315 feet, more
or less, to the northeasterly side line of the Boston and
Maine Railroad right-of-way; thence by. said side line
of the Boston and Maine Railroad right-of-way by a curve
of 1890.58 feet radius, a distance of 669.07 feet, and
by a curve of 2753.03 feet radius, a distance of 135
feet more or less; thence northeasterly l8Li. feet, more
or less to the center line of North Lexington Brook;
thence generally southeasterly by said center line of
the North Lexington Brook a distance of 484 feet more
or less to the point of beginning.
8:20 P. M.
Article 58. Joseph A. Campbell moves to amend the motion, as
(Cont. ) presented at the previous session, by deleting section
D, the description of areas.
8:20 P. M.
Various speakers. 8:28 P. M.
Van T. Boughton, Jr. moves the previous question which
was carried by voice vote. 8:28 P. M.
Mr. Campbell's amendment declared carried by voice vote.
8:29 P . M.
Voice vote on main motion of Joseph A. Campbell as
amended not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
25 Gordon E. Steele 13
23 Stephen T. Russian 6
30 J. S. Nason Whitney 11
33 George E. Cooper 22
111 52
The vote being more than two-thirds in favor, the
Moderator declared the following motion adopted.
8:30 P. M.
VOTED: To amend the Zoning By-Law as follows:
A. By adding at the end of Section 3 thereof under the
caption "DISTRICTS DEFINED" the following paragraph:
"(k) CS-Service and trade districts"
B. By adding at the end of Section 5 thereof under the
caption "PERMITTED BUILDINGS AND USES" a new subsection (k)
as follows:
(k) CS Districts
1. All buildings and uses that are permitted in R 1 districts
but subject to all applicable conditions and restrictions set
forth in Section 5, subsection (a) of this By-Law.
2. Retail sales of automobiles, aircraft, marine craft, farm
and other heavy machinery and vehicles, including the accessories
thereof; air conditioning, heating; refrigerating and plumbing
equipment and supplies; structural and building materials and
supplies; fuel, grain, animal feed, ice, lumber; trees, shrubs,
plants, and, accessory materials and chemicals for the preserva-
tion and health of plants. Specifically prohibited are automobile
graveyards and junk yards. Outdoor storage is prohibited, except
as provided in paragraph 4.e. hereof.
3. Places of business of general, building and building
maintenance, landscaping, electrical, and other similar contractors,
masons, carpenters, well-drillers, blacksmiths and locksmiths;
television, radio and electrical appliance repairs, reupholstering,
furniture repair and other similar repair services. Outdoor
storage is prohibited, except as provided in paragraph 4.e. hereof.
4. Subject to a special permit by the Board of Appeals issued
in accordance with the applicable provisions of Section 14 of this
By-Law:
a. 'Wholesale of commodities listed in paragraph 2. of this
subsection, if accessory to the permitted retail sale of
such commodities.
b. Commercial car wash establishments, if not detrimental to
neighboring areas, particularly with regard to the safe
and convenient flow of traffic.
492
Article 58. L
-71
(Cont.)
c. Automotive repair shops, including gasoline service stations
incidental to the operation of such repair shop.
d. Dressmaking or tailoring establishments, including those
specializing in alterations, furriers, milliners, printing
shops, bakeries and other similar trades, provided that all
work shall be of custom or job order type for sale on the
premises, and that there shall be no production for stock
or for wholesale.
e. Outdoor storage of supplies and equipment incidental to
permitted uses and subject to appropriate requirements for
lighting, screening, fencing, cover and safety pre-
cautions. There shall be no outdoor storage within the
required minimum yards next to a district boundary, street
or highway as specified in subsection (k) of Section 8
of this By-Law.
5. Expressly prohibited is any business or use, including
those enumerated in paragraphs 1 through L. of this subsection,
if its conduct may be disturbing or detrimental to the health,
safety or welfare of persons working or living in the
neighborhood by reasons- of special danger of fire, explosion,
pollution of waterways, corrosive, toxic or noisome fumes, gas,
smoke, soot, obnoxious dust or glare, disagreeable odors,
offensive noise or vibration.
C. By adding at the end of Section 8 thereof under
the caption "AREA FRONTAGE AND YARD REGULATIONS" the following
new subsection (k3 :
(k) CS Districts
1. In CS districts there shall be provided for all uses
other than those permitted in R 1 districts:
a. A lot containing an area of not less than 60,000 square
feet and a frontage of not less than 175. feet on the
street designated as the frontage street.
b. A yard of not less than 40 feet in depth on each street,
limited access highway and district boundary of an R 1,
R 2 or A 1 district upon which such CS district abuts.
The areas within such 40 feet from a district boundary of
an R 1, R 2 or A 1 district and within 20 feet from a
street or a limited access highway shall contain only ( 1)
fences and gates or security stations, (2) walks, drive-
ways and access ways occupying not more than 50 per cent
thereof, and (3) green areas of grass, plants, shrubs and
trees. Where a lot in a CS district is bounded by a
railroad right of way, the land in such right of way ad-
joining such lot may be considered as a part of the
required minimum yard.
c. On each side that does not abut on a street, limited
access highway or district boundary of an R 1, R 2 or
A 1 district, a side yard or a rear yard of not less than
20 feet in width which may be utilized for parking or
outdoor storage, if not otherwise prohibited by this By-
Law or by the Board of Appeals in the granting of a
special permit.
d. On each lot an open area, not occupied by any building or
structure, of not less than 75 per centum of the lot.
Not more than two-thirds of such open area may be utilized
for parking and outdoor storage, if not otherwise pro-
hibited by this By-Law or by the Board of Appeals in the
granting of a special permit.
e. On each lot parking, loading and unloading facilities
reasonably sufficient to serve all permitted uses on such
lot without using adjacent streets therefor and with
adequate provisions for access, turning and exit without
endangering or inconveniencing the users of such lot or
the traffic in the streets adjacent thereto.
f. A distance between buildings on the same lot of not less
than 20 feet.
)4e
Article 58. (Cont. )
2. In CS districts there shall be provided for any building
or use permitted in R 1 districts the same area, frontage
and yards as would be required at that location for a building
in an R 1 district. No such building or use permitted in
R 1 districts shall be on the same lot as any building or
use not permitted in R 1 districts.
(Adopted. 8:30 P. M. )
Article 57. The Moderator states that Article 57 is now open.
The Moderator reads the motion as presented by Joseph
A. Campbell at the March 28, 1966 Town Meeting as
follows:
(Approved MOTION: To amend the Zoning By-Law by adding after the
by designation "C 1" in the first line of subsection (a) of
Attorney Section 7 thereof under the caption "Height Regulations"
General, the new district designation "CN", so that said sub-
Edward W. section (a) shall read as follows:
Brooke,
May ( a) In R 1, R 2, T 1, C 1, CN and A 1 districts, buildings
10, shall not exceed two and one-half stories and a maximum
1966) height of forty feet, except that schools, municipal
buildings and hospitals may contain three full stories
with a maximum height of forty-five feet. In C 4
districts, buildings shall not exceed two stories and a
maximum height of forty feet.
8:32 P. M.
Roland B. Greeley moves to amend the motion by sub-
stituting therefor the amendment to the Zoning By-Law as
printed in Article 57 of the warrant.
Mr. Greeley' s amendment carried unanimously 8:34 P . M.
The Moderator states the following motion is carried
unanimously 8:36 P. M.
VOTED: To amend the Zoning By-Law by adding after the
designation "C 1" in the first line of subsection (a) of
Section 7 thereof under the caption "HEIGHT REGULATIONS"
the new district designations "CS, CN", so that said sub-
section ( a) shall read as follows :
( a) in R 1, R 2, T 1, C 1, CS, CN and A 1 districts, buildings
shall not exceed two and one-half stories and a maximum
height of forty feet, except that schools, municipal
buildings and hospitals may contain three full stories
with a maximum height of forty-five feet. In C 4
districts, buildings shall not exceed two stories and a
maximum height of forty feet.
(Carried Unanimously 8:36 P . M.
Article 60. Presented by Evert N. Fowle.
I move to amend the Zoning By-Law as printed under
(Approved Article 60 in the warrant.
by 8:36 P. M.
Attorney
General, Mr. Fowle reads and presents the Planning Board Report
Edward W. on Article 60. 8:45 P . M.
Brooke,
May Mr. Fowle gives explanation and shows slides. 8:50 P. M.
10,
1966) Donald P . Noyes makes the following amendment:
Move to amend the motion by striking out in paragraph
(2) line 2 the words "unless otherwise permitted by the
Board of Appeals". 8:51 P . M.
General discussion. 8:58 P. M.
Amendment by Mr. Noyes declared lost by voice vote.
8:59 P. M.
494
Article 60. General discussion. 9: 16 P. M. r-r1
(Cont. )
Marlin E. Whitney moves the previous question which was
carried by voice vote. 9:17 P . M.
Voice vote on main motion not unanimous, so standing
vote taken as- follows:
In Favor Tellers Opposed
30 Gordon E. Steele 6
25 Stephen T. Russian 8
32 J. S. Nason Whitney 6
35 George E. Cooper 16
122 36
The vote being more than two-thirds in favor, the
Moderator declared the following motion adopted.
9:18 P. M.
VOTED: To amend the Zoning By-Law by adding at the end
of Section 8 (a) 2 thereof the following:
f. Any tract of land containing at least 10 acres
of land to be subdivided, provided each lot therein
contains an area of not less than 20,000 square feet, a
frontage of not less than 120 feet on a street, and
further provided that the Board of Appeals grants a
special permit for the subdivision into such lots
subject to the following requirements and conditions:
(1) The number of building lots therein shall not
exceed the number of 30,000 square foot lots which
could be contained in 85 per cent of the area of the
tract being subdivided.
(2) There shall remain unsubdivided and in one
parcel, unless otherwise permitted by the Board of
Appeals, an area of land containing not less than 25
per cent of such total tract and including free and
unimpeded legal and physical access at least 40 feet
wide from one or more streets. Such unsubdivided
parcel shall not have any buildings erected on it,
and shall be used for conservation, recreation or
park purposes and shall either be deeded to and
accepted by the Town of Lexington for ,such purposes or
deeded to an association of the residents of the tract
of land, to all such residents jointly or to a trust
or corporation having as one of its purposes the main-
tenance of such unsubdivided parcel as conservation,
recreation or park land. When the ownership of the
unsubdivided parcel is deeded to persons other than
the Town, the Town of Lexington shall be granted an
easement over the parcel sufficient to ensure the
perpetual maintenance of such unsubdivided parcel as
conservation, recreation or park land.
(3) Simultaneously with the submission of the appli-
cation for the special permit, the applicant shall
transmit a copy of the preliminary subdivision plan to
the Planning Board. The Board of Appeals shall not take
any action on such application until the Planning Board
shall have submitted its recommendations to the Board
of Appeals or until a period of forty-five days from the
date of submission of the preliminary subdivision plan
and the application for the special permit shall have
elapsed. The Board of Appeals shall give due considera-
tion to the recommendations of the Planning Board and,
where its decision differs from such recommendations,
shall state the reasons therefor in its decision.
(4) Nothing contained herein shall in any way exempt
a proposed subdivision from compliance with the Rules
and Regulations of the Planning Board, nor shall it in
any way affect the right of the Board of Health and of the
Planning Board to approve, with or without conditions
and modifications, or disapprove a subdivision plan in
accordance with the provisions of such Rules and Regula-
tions and of the Subdivision Control Law.
„
Article 60. (5) The Planning Board shall not recommend and the
(Cont. ) Board of Appeals shall not grant a special permit for
the subdivision, of land into lots having the reduced
area and frontage, as provided for in this subsection,
if it appears that because of soil, drainage, traffic,
or other conditions the granting of such permit would
be detrimental to the neighborhood or to the Town. In
granting a special permit, the Board' of Appeals shall
impose such additional conditions and safeguards as
public safety, welfare and convenience may require,
either as recommended by the Planning Board or upon its
own initiative.
(Adopted. 9:18 P . M.
Article 61. Joseph A. Campbell moves that Article 61 be committed to
the Planning Board for further study.
Carried Unanimously 9:18 P. M.
Article 62. Presented by Wilbur M. Jaquith.
Mr. Moderator, under Article 62 I offer the following
motion: -
(Approved To amend the Zoning By-law so :- to change certain
by land from a C 4-Small Office District to a C 1-Local
Attorney Business District, as follows:
General, Ti, By adding in Section 4, Geographical Descriptions
Edward of Districts, under (c) C 1-Local Business Districts, the
W. following paragraph:
Brooke, A district on the easterly side of Waltham Street, ad-
May jacent to the Lexington-Waltham line, bounded and de-
10, scribed .as follows:
1966) Southerly by the Lexington-Waltham line, 200 feet;
Westerly by Waltham Street, 140 feet, more or less;
Northerly by land, now or formerly of Leonard V. Short,
200 feet; and Easterly by land, now or formerly, of said
Short, 140 feet, more or less.
2. By adding in said Section 4, under ( j) C 4-Small
Office Districts, at the end of Paragraph 1, the following:
There is excepted from the above-described land the
parcel bounded and described as follows: Southerly by the
Lexington-Waltham line, 200 feet; Westerly by Waltham
Street, 140 feet, more or less; Northerly by land, now or
formerly, of Leonard V. Short, 200 feet; and Easterly by
land, now or formerly, of said Short, 140 feet, more or
less.
9:20 P. M.
Evert N. Fowls reads and presents Planning Board Report
on Article 62. 9:25 P. M.
Mr. Jaquith asks the Moderator to recognize Harold E.
Stevens. Mr. Stevens was allowed to speak for the
Williams Trust in favor of the article. 9:42 P. M.
Lincoln P. Cole, Jr. states the Board of Selectmen are
unanimously in favor of this article. 9:53 P . M.
Allan Lee Whitman, Jr. moves for indefinite postponement
which was declared lost by voice vote. 9:55 P . M.
Various speakers. 9:58 P . M.
James F. Flynn moves the previous question which was
declared carried by voice vote at 9:59 P. M.
Voice vote on main motion not unanimous so standing
vote taken as follows:
In Favor Tellers Opposed
27 Gordon E. Steele
33 Stephen T. Russian- 1
34 J. S. Nason Whitney 5
46 George E. Cooper 4
140 17
Declared adopted. 10 P. M.
496
Article 63. Joseph A. Campbell moves that this article be indefinitely
postponed.
Carried Unanimously 10:01 P. M.
Article 64. Joseph A. Campbell moves that this article be indefinitely
postponed.
Carried Unanimously 10:02 P . M.
Article 65. Roland B. Greeley moves to amend the Zoning By-Law as
printed in the Town Warrant.
10:02 P. M.
Mr. Greeley started to read the Report of the Planning
Board on Article 65. 10:02 P. M.
Van T. Boughton, Jr. asks if it is necessary to have
the whole report read. 10:05 P. M.
(Approved The Moderator states that Mr. Greeley could dispense
by with reading all of the report if he wished. 10:05 P. M.
Attorney
General, Mr. Greeley omitted reading all of the report, but read
Edward the recommendations of the Planning Board and then
W. presented the report. 10:10 P. M.
Brooke,
May Norman J. Richards gave an explanation of the article,
10, speaking in favor, and said that the President of Ginn
1966) and Company was in the hall if anyone wished to ask
any questions. 10:23 P. M.
Irving H. Mabee states that the Board of Selectmen is
unanimously in favor of this article. 10:45 P. M.
The following spoke in favor of the article:
John E. Harvey, Richard K. Eaton, Alan G. Adams.
The following spoke in opposition of the article:
Richard W. Souza, Robert H. Kingston, Allan Green,
James W. Lambie and Martin I. Small.
Charles F. Gallagher, Jr. moves the previous question
which was carried by voice vote. 11:03 P. M.
Standing vote taken as, follows: In Favor: 140. Opposed: 32.
The following declared adopted at 11:06 P . M.
VOTED: To amend the Zoning By-Law by adding at the end
of Section 4, (h) C-3-Special Commercial Districts, the
following new paragraph:
A district on the Town of Lexington and City of
Waltham boundary, on the easterly side of the Northern
Circumferential Highway (Route 128) , on the southeasterly
side of the Route 128 - Route 2 Interchange, so-called,
and the westerly side of Spring Street, bounded and described
as follows:
Beginning -at a point on the westerly line of Spring
'Street at the common boundary of the Town of Lexington
and City of Waltham, thence westerly along such boundary
of the Town of Lexington and City of Waltham, to the
easterly line of the Northern Circumferential_ Highway
(Route 128) ; thence northerly along the Easterly line
of the Northern Circumferential Highway (Route 128) to
the intersection of the easterly line -of the Northern
Circumferential Highway (Route 128) and the southeasterly
line of Route 128 - Route 2 Interchange, so-called;
thence northeasterly and easterly, by two lines, along
the southeasterly and southerly lines of said Inter-
change, to a point on the common boundary of said Inter-
change and land of Lexington Investment Trust and land
now or formerly of Chester and Isabelle Lamantea; thence
southeasterly and southwesterly by land now or formerly
of Chester and Isabelle -Lamantea, Benjamin A. and Ann L.
Greene, Francis A. and Thelma P. Gallagher, Michael J.
Article 65. and Helen M. Lynch, Robert C. and Patricia D. Snodgrass,
(Cont. ) Dominick and Catherine Morley, Warren W. and Elizabeth
B. Fox, and William and Eileen Cowles; thence south-
easterly along a line parallel to and seventy (70) feet
northeasterly from the common boundary of the Town of
Lexington and City of Waltham six hundred sixty three
(663.00) feet more or less to the westerly line of
Spring Street; thence southerly by the Westerly line of
Spring Street, seventy-four (74) feet, more or less, to
the point of beginning at the boundary of the Town of
Lexington and City of Waltham.
(Adopted. 11:06 P . M.
Allan Green moves for reconsideration of Article 65. 11:06 P. M.
Reconsideration of Article 65 lost by voice vote. 11:08 P. M.
Charles E. Parks moves that the meeting be adjourned to Thursday,
March 31, 1966 at 8 P . M. in Cary Memorial Hall. 11:09 P. M.
Carried by voice vote. 11:09 P. M.
A true copy.
Attest:
J v
Town Clerk
ADJOURNED TOWN MATING HELD MARCH 31, 1966
Meeting called to order by the Moderator, Robert B. Kent, at
8:03 P . M.
There were 153 Town Meeting Members present.
Monsiy•or George W. Casey offered the invocation. 8:04 P. M.
William R. Whalon moves for suspension of the rules for adoption
of a resolution. 8: 07 P. M.
Suspension of the rules was declared lost by voice vote. 8: 09 P. M.
Otis S. Brown, Jr. presents the following:
Article 66. Motion under Article 66.
That the Town vote to amend the Zoning By-Law of the
Town of Lexington by adding at the end of Section L4( j )
CLQ - Small Office Districts as presented in Article
66 of the warrant.
8:10 P. M.
Joseph A. Campbell reads and presents the Report of the
Planning Board on this article. 8:1L. P. M.
Otis S. Brown, Jr. asks permission for John McCarthy to
be recognized. Permission granted. 8:15 P. M.
Mr. McCarthy speaks for the Paino-LaCava Trust, owners
of property referred to in this article, in favor of the
article. 8:21 P. M.
Natalie H. Riffin speaks for the Planning Board in
opposition. 8:23 P . M.
Motion, as presented by Mr. Brown, declared lost by
voice vote. 8:24 P. M.
498
Articles 67 to ?3 presented by Levi G. Burnell.
ARTICLE 67. VOTED: That Articles 67 to 73, inclusive be taken up
together.
Carried Unanimously 8:25 P. M.
ARTICLE 67. VOTED: To establish as a town way and aoeept the lay-
out of as a town way Suzanne Road, from 375 feet, more
or less, south of Mill Brook Road to 620 feet, more or
less, north of Mill Brook Road, as laid out by the Sel-
ectmen and shown upon a plan on file in the office of
the Town Clerk, dated January 3, 1966, 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 8:25 P . M.
ARTICLE 68. VOTED: To establish as a town way and accept the lay-
out of as a town way Brigham Road from Hancock Street
a distance of 648 feet, more or less, westerly, as
laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 3,
1966, 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 8:25 P. M.
Article 69. VOTED: To establish as a town way and accept the lay-
out of as a town way Dewey Road from Grove Street a
distance of 880 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 3, 1966, 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 8:26 P . M.
ARTICLE 70. VOTED: To establish as a town way and accept the lay-
out of as a town way Juniper Place from Meriam Street a
distance of 432 feet, more or less, westerly, as laid
out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 3, 1966,
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 8:27 P. M.
ARTICLE 71. VOTED: To establish as a town way and accept the lay-
out of as a town way Mill Brook Road from Suzanne Road
a distance of 137 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 3, 1966, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwiseacquireany fee, easement or other
interest in land necessary therefor.
Carried Unanimously 8:28 P. M.
ARTICLE 72. VOTED: To establish as a town way and accept the lay-
out of as a town way Mohawk Drive from Oak Street a
distance of 377 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 3, 1966,
and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, ease-
ment or other interest in land necessary therefor.
Carried Unanimously 8:28 P M.
ARTICLE 73. VOTED: To establish as a town way and accept the lay-
out of as a town way Partridge Road from Turning Mill
Road to Turning Mill Road, as laid out by the Selectmen
and shown upon a plan on file in the office of the Town
Clerk, dated January 3, 1966, and to authorize the Sel-
ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land
necessary therefor.
Carried Unanimously 8:29 P. M.
41
VOTED: To raise and appropriate for land acquisition
and for construction of the ways enumerated in articles
67 to 73, inclusive, the sum of $500.00
Joseph A. Campbell states that the Planning Board
recommends passage of Articles 67 to 73 and the Report
of the Planning is on file in the office of the Town
Clerk. - 8:29 P . M.
The motion to appropriate $500.00 carried unanimously.
8:29 P . M.
Presented by Levi G. Burnell, Articles 74 to 78.
Article 74. MOTION: That articles 74 to 78, inclusive, be taken
up together. 8:30 P. M.
James E. Brown states that 11.0 would like to have articles
74 to 78 taken up separately.
8:30 P. M.
Motion of Levi G. Burnell declared lost by voice vote.
8:31 P . M.
Article 74. VOTED: To establish as a town way and accept the lay-
out of as a town way Butler Avenue from Carville Avenue
to Baker Avenue as laid out by the Selectmen under the
Betterment Act and shown upon a plan on file in the
office of the Town Clerk, dated January 3, 1966, 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.
8:32 P. M.
Joseph A. Campbell states that the Planning Board
recommends passage of Articles 74 to 78 and that the
Report of the Planning Board on these articles is on
file in the office of the Town Clerk.
8:32 P. M.
Various speakers.
Motion of Mr. Burnell declared carried by voice vote.
8:40 P . M.
The Moderator declares a short recess. 8:40 P. M.
The meeting again called to order. 8:42 P. M. -
Lincoln P . Cole, Jr. moves for reconsideration of the action of
the Town Meeting that Articles 74 to 78 be taken up together.
8:Y1 P . M.
Motion for reconsideration carried by voice vote. 8:45 P. M.
Various speakers. 8:51 F. M.
Robert Cataldo moves the previous question which was carried by
voice vote. 8:51 P . M.
The motion of Levi G. Burnell that Articles 74 to 78 inclusive
be taken up together declared carried by voice vote.
8:52 P . M.
The Moderator states for the record that the meeting has voted
on and accepted Article 74. 8:52 P. M.
Article 75. MOTION: To establsih as a town way and accept the lay-
out of as a town way, Kendall Road from Marrett Road to
670 feet, more or less, north of Grapevine 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 3, 1966, and to authorize the Selectmen
to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary
therefor.
8:52 P. M.
Edward R. Bellone speaks in opposition. 8:54 P. M.
50.
Article 75. Van T. Boughton, Jr. moves for indefinite postponement
(Cont. ) of Article 75 which was carried by voice vote. {�
8:58 P. M.
Mr. Burnell doubts the vote but there were not twenty
members doubting the vote so the indefinite postponement
stands. 8:58 P. M.
Article 76. MOTION: To establish as a town way and accept the layout
of as a town way, Middleby Road from Lincoln Street to
Outlook Drive as laid out by the Selectmen under the
(See Page Betterment Act and; shown upon a plan- on file in the office
501 for of the Town Clerk, dated January 3, 1966, and to auth-
adopted orize the Selectmen to take by eminent domain, purchase
motion.) or otherwise acquire any fee, easement or other interest
in land necessary therefor.
8:59 P. M.
Mr. Burnell gives explanation. 9 P. M.
James E. Brown move's for indefinite postponement.
9: 05 P. M.
Various speakers. 9:15 P. M.
Indefinite postponement declared lost by voice vote
whichwas doubted. Standing vote taken as follows:
In Favor Tellers Opposed
12 John F. Downey, Jr. 17
3 Robert. A. Bittenbender 24
30 Charles E. Parks 20
7 George A. Kolovson 24
52 85
Indefinite postponement lost. 9: 17 P. M.
Various speakers on main motion. 9:25 P. M.
Hugh M. Chapin moves the previous question which
was carried by voice vote. 9:26 P. M.
Main motion of Mr. Burnell declared lost by voice
vote. 9:27. P. M.
Voice vote doubted, so standing vote taken as follows :
In Favor Tellers Opposed
19 John F. Downey, Jr. 12
13 Robert A. Bittenbender 15
12 Charles E. Parks 37
23 George A. Kolovson 10
67 74
Main motion of Mr. Burnell declared lost. 9:28 P. M.
Article 77. Presented by Levi G. Burnell.
VOTED: To establish as a town way and accept the layout
of as a town way, Wright Street from Skyview Road to
James Street as 1-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 3, 1966, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor.
Carried Unanimously 9:28 P . M.
Article 78. VOTED: To accept the alteration and relocation of
Moreland Avenue as a town way from 205 feet, more or
less, westerly of Fern Street to 355 feet, more or less,
westerly of Fern Street, as altered and relocated by
the Selectmen and shown upon a plan on file in the
office- of the Town Clerk, dated January 3, 1966, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor.
Carried Unanimously 9:30 P. M.
Lincoln P . Cole, Jr. moves for reconsideration of Article 76.
9:30 P . M.
Reconsideration declared carried by voice vote. 9:32 P. M.
Various speakers. 9:37 P . M.
Roland B. Greeley moves the previous question which was declared
carried by voice vote. 9:37 P. M.
Main motion, as follows, as presented by Mr. Burnell under Article
76 declared carried by voice vote. 9:39 P . M.
(See Page VOTED: To establish as a town way and accept the layout
500.) of as a town way, Middleby Road from Lincoln Street to
Outlook Drive as laid out by the Selectmen under the
Betterment Act and shown a upon plan p an on file in the
office of the Town Clerk, dated January 3, 1966, 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.
Voice vote doubted, so standing vote taken as follows:
In Favor Tellers Opposed
27 Johh F. Downey, Jr. 5
26 Robert A. Bittenbender 1
30 Charles E. Parks 15
27 George A. Kolovson
110 �5
Main motion of Mr. Burnell declared carried. 9:140 P. M.
VOTED: To appropriate for land acquisition and for
construction of the ways enumerated in Articles 74 and
76 to 78, inclusive, the sum of $69,000.00, and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
The PlanningBoard
unanimously recommends passage of.
Article 74 to 78 and the Report of the Planning Board
is on file in the office of the Town Clerk.
9:41 P. M.
Motion of Burnell to appropriate $69,000.00_ carried
unanimously. 9:43 P. M.
James F. Flynn moves for a five minute recess which was declared
lost by voice vote. 9:43 P. M.
Article 79. Presented by Lincoln P. Cole, Jr.
VOTED: To establish as a town way and accept the lay-
out of as a town way Laconia Street from Lowell Street
a distance_ of 170 feet, more or less,westerly, as laid
out by the Selectmen and shown upon a plan on file in
the office; of the Town Clerk, dated January 3, 1966, and
to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or other
interest in land necessary therefor, and to raise and
appropriate the sum of $4,000.00 for the construction of
said street and for land acquisition.
9:L4 P . M.
Joseph A. Campbell states that the Planning Board
recommends passage of this article. 9:45 P . M.
Main motion carried by voice vote. 9:47 P. M.
502
Article 80. Lincoln P. Cole, Jr. moves for indefinite postponement.
9:47 P . M.
Indefinite postponement carried by voice vote. 9:50 P .M.
Article 81. Presented by Jules P. Sussman.
VOTED: To appropriate an additional sum of $20,975.00
to the Conservation Fund established by vote under
Article 9 of the warrant for the Special Town Meeting
held on June 8, 1964, and provide for payment thereof
by the transfer of $19,975.00 from the unexpended
balance of the appropriation for acquisition of land
voted under Article 47 of the warrant for the 1963
Annual Town Meeting, and the transfer of $1,000.00
from the unexpended balance of the appropriation for
acquisition of land voted under Article 48 of the
warrant for the 1963 Annual Town Meeting.
9:50 P . M.
Mr. Sussman shows slides. 9:52 P. M.
Frank T. Parrish, Jr. moves for indefinite postpone-
ment of this article. 9:56 P . M.
Indefinite postponement declared lost by voice vote.
10:01 P. M.
Main motion declared carried by voice vote.
10:02 P . M.
Article 82. Presented by Jules P . Sussman.
VOTED: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to expend from
the Conservation Fund the sum of $19,975.00 to acquire
by purchase, eminent domain or otherwise, 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 a parcel of land believed to contain 36
acres, more or less, situated in East Lexington and
bounded northwesterly by other land of the Town;
northeasterly by the Lexington-Winchester town line;
and southeasterly by the Lexington-Arlington town
line, said parcel being the land substantially as
described in three deeds recorded in Middlesex South
District Registry of Deeds, Book 9596 Page 406; Book
9442, Page 113; and Book 6918, Page 184; and that the
Selectmen be and hereby are authorized on behalf of.
the Town to take by eminent domain for the aforesaid
purposes such part or all of the above described
premises or any interest therein as shall be requested
in writing by the Conservation Commission.
10:02 P . M.
Voice vote not unanimous, so standing vote taken as
follows:
In Favor Tellers Opposed
26 John F. Downey, Jr. 1
25 Robert A. Bittenbender 2
46 Charles E. Parks 0
29 George A. Kolovson 0
126 3
Adopted. 10:05 P . M.
503
Article 83. Presented by Jules P . Sussman.
VOTED: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to expend from
the Conservation Fund the sum of $1,000.00 to acquire
by purchase, by eminent domain or otherwise, 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 a parcel of land on the southwesterly side of
Winchester Drive, bounded southwesterly by other land of
the Town and believed to • eohtain 8,000 square feet, more
or less, and being the land substantially as described
in a deed recorded in Middlesex South District Registry
of Deeds, Book 9962, Page 441; and that the Selectmen
be and hereby are authorized on behalf of the Town to
take by eminent domain for the aforesaid purposes such
part or all of the above described premises or any
interest therein as shall be requested in writing by the
Conservation Commission.
Carried Unanimously 10:05 P. M.
Article 84. Jules P. Sussman moves that this article be indefinitely
postponed.
Carried Unanimously 10:07 P. M.
Article 85. Jules P. Sussman moves that this article be indefinitely
postponed.
Carried Unanimously 10:08 P. M.
Article 86. Jules P. Sussman moves that this article be indefinitely
postponed.
Carried Unanimously 10:08 P. M.
Article 87. Jules P. Sussman moves that this article be indefinitely
postponed.
Carried Unanimously 10:08 P. M.
Article 88. VOTED: To appropriate an additional sum of $24,200.00
(Presented to the Conservation Fund established by vote under
by Jules Article 9 of the warrant for the Special Town Meeting
P. held on June 8, 1964, and provide for payment by transfer
Sussman) from the Excess and Deficiency Account.
10:10 P. M.
Mr. Sussman gives 'explanation and shows slibs. 10:15 P.M.
Angela E. Frick reads a statement of the League of Women
Voters in favor of this article. 10:17 P. M.
Alan Wilson speaks from the balcony. 10:28 P. M.
Various speakers.
Austin W. Fisher, Jr. moves the previous question which
was carried unanimously. 10:30 P . M.
Main motion carried unanimously 10:30 P. M.
Article 89. Presented by Jules P . Sussman.
VOTED: That the Conservation Commission be and hereby is
authorized, 'on behalf of the Town, to expend from the
Conservation Fund the sum of $24,200.00 to purchase or
otherwise acquire, in the name of the Town, for conserva-
tion purposes as provided by Section 8C of Chapter 40 of
the General Laws, the fee or any lesser interest in all
or any portion or portions of a parcel of land owned by
Alphonso B. West and Margaret S. West, husband and wife,
located off Oak Street and Massachusetts Avenue, all as
described in a certain option to purchase dated February
2, 1966, a copy of which is on file with the Town Clerk.
Carried Unanimously 10:32 P . M.
504
Article 90. Presented by Jules P . Sussman.
VOTED: To appropriate an additional sum of S17,000.00 to 6
the Conservation Fund established by vote under Article 9
of the warrant for the Special Town Meeting held on June
8, 1964, and provide for payment by transfer from the
Excess and Deficiency Account.
10:32 P. M.
Mr. Sussman introduces Francis W. Y. Smith of the Con-
servation Commission who gives an explanation.
10:35 P . M.
Motion presented by Mr. Sussman carried unanimously.
10:35 P .. M.
Article 91. Presented by Jules P. Sussman.
VOTED: That the Conservation Commission be and hereby
is authorized, on behalf of the Town, to expend from the
Conservation Fund the sum of $17,000.00 to acquire by
purchase, by eminent domain or otherwise, in the name of
the Town for conservation purposes as provided by
Section 8C of Chapter 4.0 of the General Laws, all or any
' part of Lot B on "Plan of Land in Lexington, Mass.
Belonging to George H. Roberts", dated April. 26, 1932,
recorded in Middlesex South District Registry of Deeds,
Book 564.1, .Page 195; and that the Selectmen be and hereby
are authorized on behalf of the Town to take by eminent
domain for the aforesaid purposes such part or all of the
above described premises or any interest therein as shall
be requested in writing by the Conservation Commission.
Carried Unanimously 10:36 P . M.
Article 92. Presented by Francis T. Worrell.
VOTED: That the Selectmen be and hereby are authorized
in the name and on behalf of the Town to convey to Louis
Stoico and Catherine F. Stoico, husband and wife, a parcel
of land containing 9,600 square feet, more or less, as
shown and marked Parcel B-1 on Land Court Plan No. 16684.A,
and a sewer easement exti±nding from an existing sewer in
land of the Town to the southeasterly boundary of land of
Louis Stoico as shown on plan entitled "A Compiled Plan
of Land in Lexington, Mass. ", dated January 20, 1966, by
Albert A. Miller and Wilbur C. Nylander, Civil Engineers
and Surveyors, said easement to be of a width and in a
location and subject to such terms and conditions as the
Selectmen by -the execution of the instrument of conveyance
shall approve, and said conveyances to be in consideration
of the conveyance by said Louis Stoico and Catherine F.
Stoico to the Town of a parcel of land containing 84,000
square feat, more or less, as shown and marked Parcel "A"
on said plan dated January 20,1966.
10:37 P . M.
Mr. Worrell gives explanation and shows slides and states
that the Planning Board is unanimously in favor of passage
of this article. 10:42 P . M.
Carried Unanimously 10:42 P . M.
Article 93. Presented by Lincoln P. Cole, Jr.
VOTED: That the Selectmen be and hereby are authorized
in the name and on behalf of the Town to convey to Douglas
T. Ross a parcel of land containing 814.7 square feet, more
or less, shown as Lot 176 on plan entitled "Plan of Land
in Lexington - Mass.", dated February 15, 1966, by Everett
M. Brooks Co., Civil Engineers, and being a portion of the
land that was acquired by the Town pursuant to vote adopted
under Article 42 of the 1960 Annual Town Meeting, and no
longer needed by the Town, such conveyance to be in consid-
eration' of payment by said Douglas T. Ross to the Town of
the sum of 5300.00 and the conveyance by said Douglas T.
Ross to the Town of a parcel of land containing 8147 square
feet, more or less, shown as Lot 175 on said plan.
10:43 P . M.
505
Article 93. Douglas T. Ross wished to be recorded as abstaining
(Cont. ) from voting on this article.
Motion as presented by Mr. Cole carried unanimously.
10:46 P. M.
Article 94. Lincoln P. Cole, Jr. moves to amend the Building By-Law
as printed under Article 94 of the warrant for the
(Approved meeting.
by 10:47 P . M.
Attorney
General, The following vote1 was declared carried unanimously
Edward W. at 10:48 P . M.
Brooke,
June 3, VOTED: To amend the Building By-Law as follows :
1966)
1. By inserting in Article III thereof between the defini-
tions of "Fire Department" and "Fire Door" the following
definition:
FIRE RESISTANCE RATING: The time in hours that the
material or construction will withstand the standard fire
exposure as determined by a fire test made in conformity
with the "Standard Methods of Fire Tests of Building Con-
struction and Materials", American Society for Testing and
Materials E119.
2. By deleting the reference "Article XX" in the last sentence
of Article IX, Section 1., paragraph A. , and substituting there-
for the reference "Article XXI", so that said sentence shall
read as follows:
"All steel and reinforcing shall be protected as required
in Article XXI of this By-Law. "
3. By deleting the words "not exceeding 900 square feet" and
the words "Classrooms exceeding 900 square feet and" appearing
after the words "Schools - Classrooms' in Article XII, Section
2. , so that said classification shall read as follows:
"Schools - Classrooms 50
Corridors 100
Stairways, including landings. . 100"
4. By inserting the word "resistance" between the words "fire"
and "rating" in the second line of Article XX, Section 2. , para-
graph C.2. , so that said paragraph shall read:
"The walls and ceilings shall, unless otherwise constructed
of incombustible material having a minimum fire resistance
rating of one hour, be metal lathed and plastered to make a
minimum thickness of three-fourths (3/4) of an inch. "
5. By striking out paragraph D. of Section 2. of Article XX and
inserting in place thereof a new paragraph D. to read as follows:
"D. Basement and Cellar Ceilings. In buildings of second-
class construction or third-class construction, basement and
cellar ceilings shall be constructed of incombustible material
having a fire resistance rating of at least one hour. "
6. By striking out paragraph A.3.b. of Section 2. of Article
XXI and inserting in place thereof a new paragraph to read as
follows:
"b. The lowest point of the truss is less than twenty-five
(25) feet above the floor, but there is a continuous ceiling
constructed of incombustible material below the truss, or if
there are any openings in such ceiling, such openings open
into shafts or ducts that extend to the roof of the building
and the walls of such shafts or ducts are of incombustible
material having a fire resistance rating of at least one hour."
(Carried Unanimously 10:48 P. M. )
506
Article 95. Presented by Lincoln P. Cole, Jr. ,
VOTED: To amend the General By-Laws by adding thereto a r �
new Section lA. under Article XXVI, Miscellaneous, to
read as follows:
Section 1A. The dog officer is authorized to require
owners or keepers of dogs to restrain their dogs from running
at large in the following areas :
1 . Schools, school yards or school playgrounds.
2. Parks or public recreation areas.
3. Commercially zoned areas. ,
The dog officer is further authorized to require owners or
keepers of dogs to restrain their dogs from running at large
when off the premises of the owner or keeper when it has been
determined by the dog officer that the dog is an annoyance, is
dangerous, or is known to cause damage in a neighborhood. Any
owner or keeper of a dog who shall fail to comply with any order
of the dog officer issued pursuant to this article shall be
punishable by a fine of ten dollars.
10:48 P . M.
(Approved
by Burt E. Nichols gives explanation. 10:54 P. M.
Attorney
General, Various speakers. 11:02 P. M.
Edward W. J. Keith Butters moves the previous question which_ was
Brooke, carried unanimously. 11:02, P. M.
May 10,
1966) Main motion, as presented by Mr. Cole, carried by voice
vote. 11:02 P. M.
Article 96. Presented by Richard I. Miller.
VOTED: To raise and appropriate the sum of $1,000.00
for a bioengineering study of the Old Reservoir off
Marrett Road in order to determine its suitability for
swimming, multiple use recreation, and as a natural
science park.
11:05- P . M.
Joseph A. Campbell states that the Planning Board
recommends passage of this article. 11: 05 P. M.
Jules P. Sussman states that the Conservation
Commission recommends passage of this article. 11:05 P.M.
Motion, as presented by Mr. Miller, carried unanimously.
11:07 P. M.
Article 97. Presented by Judith J. Totman.
MOTION,: To refer the matter of the fencing of swimming
pools to the Standing Plumbing and Building By-Law
Committee to make a study thereon and to report its
recommendations to the next Town Meeting not later than
the 1967 Annual Town Meeting, a copy of such report to
be mailed to all registered voters at least one week
prior to the first deliberative session of the meeting
at which such report is submitted.
11:08 P . M.
Mrs . Totman requests permission for Dr. Joseph Winsten
to speak on this article. Permission Granted. 11:08 P.M.
Dr. Winsten gives explanation. 11:10 P . M.
Charles A. Winchester moves to amend the motion by striking
out the words "registered voters" and substituting there-
for "Town Meeting Members". 11: 13 P. M.
Donald K. Irwin, Building Inspector, gives explanation
about building permits for swimming pools. 11: 15 P. M.
507
Article 97. Jules P . Sussman moves the previous question which
(Cont. ) was carried unanimously. 11:17 P. M.
Amendment, as presented by Mr. Winchester, carried by
voice vote. 11:17 P. M.
Main motion, as amended, as follows, carried unanimously.
11:17 P . M.
VOTED: To refer the matter of the fencing of swimming
pools to the Standing Plumbing and Building By-Law
Committee to make a study thereon and to report its
recommendations to the next Town Meeting not later than
the 1967 Annual Town Meeting, a copy of such report to
be mailed to all Town Meeting Members at least one week
prior to the first deliberative session of the meeting
at which such report is submitted.
(Carried Unanimously 11:17 P. M. )
Article 98. Lincoln P . Cole, Jr. moves that this article be
indefinitely postponed.
Carried Unanimously 11:18 P . M.
Robert B. Kent, Moderator, thanked the students that had
manned the telephones during the course of the town meeting.
James F. Flynn moves that the meeting be dissolved.
Carried Unanimously 11:18 P . M.
A true copy.
Attest.
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Town Clerk