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HomeMy WebLinkAbout1965-06-07-STM-min 448 • • • • 'SPECIAL TOWN MEETING HELD JUNE 7, 1965 Meetingtcalled to order by the Moderator, tRobert B. Kent, at 8:06 P. M. Invocation offered by Rev. Floyd J. Taylor at 8:07 P. M. There were 189 Town Meeting Members present. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived by the Moderator. 8:08 P. M. Mary R. McDonough read the Constablets Return of the warrant. 8:08 P. M. • Leslie H. York asked that Charles E. Ferguson be escorted to the front of the hall. 'Mr. Kent asked Alan G. Adams to escort Mr. Ferguson. Mr. York presented Mi' Ferguson with the gavel used by Mr. Fergusbn as Moderator from 1949 to 1965. Mr. Ferguson, in' accepting. the gavel, spoke a few words and was escorted back to his seat. 8:13 P. M. Mr. Kent .states that the new gavel to be used by him was made by Cornelius P. Cronin from an old elm tree on the Lexington Common that was knocked down in a hurricane. Article 1. Frank T. Parrish, Jr. moves that the report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:13 P. M. Mr. Parrish reads a letter from the Board of Assessors to the Board of .Selectman'relating'to the 1965 Tax Rate which has been set at $L4.00. 8:15 P. M. Van T. Boughton, Jr. gives an informal report of the Long Range Economic Study Committee. . 8:17 P. M. • Article 2. Presented' by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are . authorized to abandon such portions of the sewer easements and temporary sewer construction easements adjacent thereto in land of Evangelical Covenant Church of Cambridge and in land of Anthony R. Cataldo, formerly of Henning W. Swenson, as are no longer re- quired by the Town, said easements in land of Evangelical Covenant Church of Cambridge having been acquired by the Town by eminent domain by order dated April 8, 1963, recorded in Middlesex South District Registry of Deeds, Book 10260, Page 245, and said easements in land now of Anthony R. Cataldo having • been acquired by the Town by eminent domain by order dated April 8, 1963, recorded in said Deeds, -Book 10260, Page 250; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instrument of abandonment shall be in such form as the Selectmen, by • the execution thereof, shall approve. Carried Unanimously '8:20 P. M. 44:0 Article 3. Presented by Gordon E. Steele. VOTED: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes all or any part of a parcel of land containing 20 acres, more or less, situated on and off Marrett Road, said land being shown on a plan entitled "Compiled Plan of Proposed School Site at Marrett Road and Stedman Road, Lexington, Mass. Scale 1" is 401 , April 20, 1965, John J. Carroll, Towngineer", a copy of whicn plan is on file in the office of the Town Engineer; and to appropriate for such land acquiu. sition the¢ sum of $70,000.00 and to provide for payment thereof by transfer from the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964. 8:21 P. M. Mr. Steele shows slides and speaks on the Article 8 :28 P. M. Jules P. Sussman speaks for Conservation Committee . 8:32 P. M. Mr. Cole stated that Selectman Robert Cataldo wishes to be recorded as not voting on this Article. 8:32 P. M. Voice vote on main motion not unanimous so standing vote taken as follows : In Favor Tellers Opposed 31 Stephen T. Russian 0 56 Leon A. Burke, Jr. 1 5 33 Robert 1 Harold T . Handley 1 V. Whitman 1 171 3 Motion declared adopted. 8:34 P. M. Article 4.. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire, for street, playground and recreational purposes, and other public purposes, -all or any part of a parcel of land con- taining 28,351 square feet, more or less, shown on a plan entitled "Plan of Land, Lexington, Mass. Scale 1" : 401 dated May 10, 1965, by John J. Carroll, Town Engineer"; and to appropriate for such land acquisition the sum of 51800.00 and to provide for payment thereof by transfer from the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964. 8 :35 P. M. Mr. Cole gives explanation of Article. Voice vote not unanimous so standing vote taken as follows: In Favor Tellers Opposed 32 Stephen T. Russian 0 55 Leon A. Burke, Jr. 1 53 Harold T . Handley 0 31 Robert V. Whitman 1 2 Motion declared adopted. 8 :38 P. Me 450 Article 5. presented by Arthur E. Bryson, Jr. MOTION: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain, or otherwise acquire, for street, play- ground and recreational purposes, and other public pur- poses, all or any part of a parcel of land on Adams Street shown as Lot D on a plan entitled "Plan of Lots C, D, & E, Adams Street, Lexington, Mass." dated January 19, 1965, by John J. Carroll, Town Engineer; and to appropriate for- such land acquisition the sum of 59,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8:38 P. M. Mr. Bryson shows slides and gives explanation of Article . 9:00 P. M. Mr. Bryson asks- permission for Norman Aben, Traffic Consultant, who has taken a survey on this area, to be allowed to speak from the balcony. Permission given by Moderator. 9:00 P. M. Mr. Aben speaks. 9:03 P. M. Charles E. Parks asks that Mrs. Camille B. Skov be recog- nized. Permission given 9:06 P. M. Mrs. Skov speaks against the Article. 9:11 P. M. John T . Harvell shows slides and speaks against the Article. 9:20 P. M. Richard S. Beal speaks from the balcony against the Article. 9:27 P. M. There were various other speakers speaking for and against this Article. James F. Flynn moves the previous question. Carried by voice vote 9:31 P. M. Mr. Bryson gives summary of Article.9:32 P. M. Standing vote taken on main motion as follows : In Favor Tellers Opposed 27 Stephen T. Russian 14 19 Leon A. Burke, Jr. 39 29 Harold T. Handley 22 18 Robert V. Whitman 14 93 89 Less than the two-thirds required voted in favor, so main motion as presented by Mr. Bryson not adopted. 9:34 P. M. - Roland B. Greeley questions the need of a two-thirds vote. Explanati-on given by the Moderator. 9:34 P. M. Article 6. Presented by Arthur E. Bryson, Jr. - VOTED: That the Selectmen be and they hereby are authorized on behalf of the Town to convey to John W. Castoldi, Inc ., a Massachusetts corporation, a parcel of land, which abuts upon land of said corporation, substantially as shown and marked Parcel A on plan entitled ".Plan of Land in Lexington, Mass .", dated January 14, 1965, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and surveyors, subject to a "Drain Easement 201 Wide" as shown and so marked on said plan, such conveyance to be in consideration of the conveyance by said corporation to the Town of a parcel of land substantially as shown and marked Parcel B on said plan. 9:35 P. M. Article 6. (Cont. ) Mr. Bryson gives explanation of Article. 9:38 P. M. Various speakers, Voice vote not unanimous so standing vote taken as follows: In Favor Tellers Opposed 39 Stephen T. Russian 1 49 Leon A. Burke, Jr. 4 49 Harold T. Handley 3 29 Robert V. Whitman 2 166 10 Motion declared adopted, 9:43 P. M. Article 7. Presented by Lincoln P. Cole, Jr. VOTED: To establish as a town way and accept the layout of as a town way, Cutler Farm Road from Hudson Road a distance of 832 feet, more or less, southerly as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1965, the vote under Article 49 of the Warrant for the 1965 AnnualTown Meeting having incorrectly specified the foregoing distance as 332 feet, 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 authorize for the construction of said street and for land acquisition the use of funds appropriated for land acquisition and for construction of the ways enumerated in Articles 49 to 55, inclusive, of said Annual Town Meeting. 9:45 P. M. Arthur E. Bryson, Jr, states that the Planning Board is unanimously in favor of this Article . 9:45 P. M. Main motion carried unanimously 9:45 P. M. Article 8. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are authorized to permit Joseph Trani, Incorporated, the owner of the premises numbered 1775 Massachusetts Avenue, in Lexington, said premises being now repre- sented by Certificate of Title No. 97890, registered in Middlesex South Land Registry District, Registration Book 619, Page 140, and Bessie G. Baker, the owner of the premises numbered 1757-1765 Massachusetts Avenues in Lexington, said premises being now represented by Certificate of Title No. 86116, registered in said Land Registry District, Registration Book 560, Page 166, or either of said owners, to make alterations in and to renovate the portions of their respective buildings on said premises that are situated between the northeasterly side line of Massachusetts Avenue, as altered and relocated by the Board of Selectmen on February 24, 1965, and the building line established through said premises by the Town in 1930, which alterations and renovations are not now permitted by reason of the easement rights acquired by the Town by the establishment of said building line, and to enter into an agreement with each of said owners in relation thereto; that the minimum amount to be paid for each such permission shall be $1.00; and that the instru- ments of permission shall contain such other terms and provisions and be in such form as the Selectmen, by the execution thereof, shall approve. 9:47 P. M. Mr. Cole shows slides and gives explanation of Article 9:48 P. M. 452 C. LTJ Article 8. Gabriel Baker wishes to record himself as present but (Cont. ) not voting. 9:50 P. M. Main motion carried unanimously. 9:50 P. M. Article 9. Presented by Lincoln P. Cole, Jr. VOTED: That the Selectmen be and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for street purposes and other public purposes all or any part of a parcel of land containing approximately 13,513 square feet as shown on a plan entitled "Plan of Edison Way, Lexington, Mass. Scale 1 in. = 20 ft. Jan. 30, 1953, William M. Burns, Town Engineer", recorded -in Middlesex South District Deeds, Book 8062, Page 361, said parcel being land in which the Town by order dated April 21, 1953 and recorded in said Deeds, Book 8062, Page 365, took the perpetual right and easement for all purposes for which town ways are commonly used; and to appropriate therefor the sum of $500.00 and provide for payment by transfer of said sum from the unexpended balance of the funds appropriated for appraisals! options and land acquisitions under Article 28 of the Warrant for the 1965 Annual Town Meeting. 9:50 P. M. Mr. Cole shows slides and gives explanation of Article. 9:52 P. M. Frank T. Parrish, Jr. states that the Appropriation Committee is in favor of the transfer of $500.00 in this Article. 9:55 P. M. Various speakers. Gabriel Baker wishes to record himself as present but not voting. 9:59 P. Mo Voice vote on main motion not unanimous so standing vote taken as follows: In Favor Tellers Opposed 37 Stephen T. Russian 0 50 Leon A. Burke, Jr. 1 50 Harold T. Handley 0 30 Robert V. Whitman 0 167 1 Motion declared adopted. 10:01 P. M. Article 10. Presented by Lincoln P. Cole, Jr. VOTED: To accept the alteration and relocation as a town way of a portion of Edison Way extending easterly from Depot Square 85 feet, more or less, as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 8, 1965, and to discontinue as a town way such portion of Edison Way as is not included within and is rendered unnecessary for public use by such alteration and relocation. 10:02 P. M. Arthur E. Bryson, Jr. stated that the Planning Board is unanimously in favor of this Article. 10:02 P. M. Main motion carried unanimously 10:02 P. M. Article ll. Presented by Lincoln P. Cole, Jr. VOTED: To accept the alteration and relocation as a town way of a portion of Depot Square extending from the westerly end of Edison Way southwesterly 105 feet! 2 Article 11. more or less, as altered and relocated by the (Cont. ) Selectmen and shown upon a plan on file in the - office of the Town Clerk, dated January 8, 1965, and to discontinue as a town way such portion of Depot Square as is not included within and is rendered unnecessary for public use by such alter. ation and relocation. 10:03 P. M. ',Arthur E. Bryson, Jr. states that the Planning Board is unanimously in favor of this Article* 10:03 P. M. Main motion carried unanimously 10:03 P. M. Article 12. Presented by Lincoln P. Cole, Jr. - VOTED: That in part settlement of the claim against the Town by The 1775 Realty Trust for damages arising out of a taking by eminent domain of a portion of the ,land of said Trust for the alteration and relocation of Massachusetts Avenue, the Selectmen be and they hereby are authorized to convey to said The 1775 Realty Trust all or any part of the parcels of land shown as Parcel A and Parcel B on a plan entitled "Plan of Land in Lexington, Mass." , dated January 8, 1965, by John J. Carroll, Town Engineer, said parcels being no longer within Depot Square and Edison Way as altered and relocated and being no longer needed for public use; that the minimum amount to be paid for such conveyance shall be $1.00; and that the instru- ment ofconveyanceshall be in such form and to con- tain such terms and provisions as the Selectmen, by the execution thereof, shall approve. 10:05 P. M. Mr. Cole gives explanation of Article. 10:05 P. M. Various speakers, 10:08 P. M. Carried unanimously 10:09 P. M. Article 13. Presented by Arthur E. Bryson, Jr. VOTED: To change to Evergreen Lane the name of Franklin Avenue, a private way running from Crescent Hill Avenue northeasterly to Arlington town line a distance of 250 feet, more or less. 10:10 P. M. Mr. Bryson gives explanation of this Article. Carried unanimously 10:10 P. M. Article 1L . Presented by Lincoln P. Cole, Jr. MOTION: To accept the alteration and relocation of Barrymeade Drive as a town way as altered and re- located by the Selectmen from the existing north- westerly terminus of Barrymeade Drive to the land of Rosina Busa et al and shown upon a plan on file in the office of the Town Clerk, dated May 6, 1965, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in landnecessarytherefor; to appropriate for land acquisition and for the con- struction of Barrymeade Drive as alteredandre- located the sum of $500.00; and that payment be provided by transfer from the Excess and Deficiency Account. 10:11 P. M. Arthur E. Bryson, Jr. reads the report of the Planning Board and shows slides. 10:15 P. M. ' res Article 14. Mr. Bryson read excerpts of a letter from Mr. Hunter, L717 (COnt. ) State Department of Public Works, stating thathe would rather not have the street enter into Marrett %,' Road. 10:12 P. M. Charles G. Esterberg, Jr. speaks against the Article . 10:18 P. M. Various speakers spoke for and against the Article. 10:19 P. M. - 10:48 P. M. Richard H. ,Soule moves the previous question. Carried unanimously 10:48 P. M. Mr. Cole .yields his 10 minutes to Mr. Bryson. 10:50 P.M. Main motion declared lostby voice vote. 10:50 P. M. Robert E. Meyer questions the necessity of a two-thirds vote. Explanation given by the Moderator. Mr. Bryson doubts the vote. 10:50 P. M. Over 20 Town Meeting Members doubted the vote so standing vote taken as follows : In Favor Tellers Opposed 19 Stephen T . Russian 14 15 Leon _. Burke, Jr. 28 20 Harold T. Handley 32 15 Robert V. Whitman 13 69 87 Motion as presented by Mr. Cole not adopted. 10:54 P. M. Article 15. Presented by Allan Greens MOTION: To -amend the General By-Laws of the Town by substituting therefor General By-Laws as prepared and recommended by the General By-Laws Committee acting under the provisions of the vote adopted under Article 31 of the Warrant for the 1963 Annual Town Meeting, a copy of which General By-Laws entitled "General By-Laws of the Town of Lexington" and dated 1965, is on file in the office of the Town Clerk, as modified by the addenda of summary correction sheets dated 1965 copies of which are on file in the office of the Town Clerk and which have heretofore been mailed to all Town Meeting Members with the exception of the following named items which are hereby deleted from the said Addenda: Items 6, 7, 9 and 10 on Page 2. Items 2 through 7 inclusive and items 13 and 14 on Page 3. Item 1 on Page 4. 10:55 P. M. Mr. Green gives explanation. 11:07 P. M. Alan G. Adams makes the following motion: I move that the matter of the amendment of the General By-Laws be referred back to the Committee, to make a further study of the General By-Laws of the Town, prepare a revision thereof and report its recommen» dations thereon at a subsequent Town Meeting. 11:12 P. M. Kingston L. Howard moves the previous question. Lost by voice vote. 11:14 P. M. $ y¢r 'k' Article 15. Various Speakers . 11:15 P. M. - 11:33 P. M. (Cont. ) Roland B. Greeley moves the previous question. Carried Unanimously 11:33 P. M. The motion presented by Alan G. Adams carried by voice vote. 11:35 P. M. Mr. Green questions the vote so standing vote taken as follows: In Favor - Tellers Opposed 20 Stephen T. Russian 8 31 Leon A. Burke, Jr. 7 26 Harold T . Handley 16 18 Robert V. Whitman 7 95 38 Motion of Mr. Adams declared carried. 11:36 P. M. Lincoln P. Cole, Jr. moves that this meeting be dissolved. Carried Unanimously 11:37 P. M. A true copy. Attest: t 1 Town Clerk Alden W. Jefts, 47 Wachusett Drive, resigned as a Town Meeting Member in Precinct Four as of June 14, 1965. Joseph A. Campbell, 260 Marrett Road, was moved up, and has accepted Town Meeting Membership in Precinct Four as of June 16, 1965, filling the vacancy caused by Mr. Jefts ' resignation. Term ends in March 1966. Grant B. Cole, 97 Blake Road, Town Meeting Member in Precinct Five, died on July 12, 1965. Richard Kimball, 60 Gleason Road, was moved up, and has accepted Town Meeting Membership in Precinct Five as of July 20, 1965, filling the vacancy caused by the death of Mr. Cole . Term ends in March 1966. Winston R. Hindle, Jr. , 8 Locust Avenue, resigned as a Town Meeting Member in Precinct 'Two as of July 22, 1965. Benjamin S. Goldstein, 35 Independence Avenue, was moved up, and has accepted Town Meeting Membership in Precinct Two as of July 31, 1965, filling the vacancy caused by Mr. Hindle ' s resignation. Term ends in March 1966.