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HomeMy WebLinkAbout1969-03-17 to 1969-03-31 ATM-min 79 ANNUAL TOWN MEETING TT LD MARCH 17, 1969 The meeting was called to order by the Moderator, Robert B. Kent, at 8 P. M. There were 195 Town Meeting Members present. Invocation offered by Monsignor George W. Casey of Saint Brigid's Church. 8:02 P. M. Mary R. McDonough, Town Clerk, read the warrant for the meeting until further reading was waived. 8:03 P. M. The Town Clerk read the Constable's Return of the warrant. 8:03 P. M. Article 2. Robert M. Gary moves that the Report of the Appropriation Committee Report be accepted and placed on file. Carried Unanimously 8:03 P. M. Jack L. Mitchell moves tbt the Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8:04 P. M. Margery M. Battin moves that the Structure of Town Government Committee Report be accepted, placed on file and the committee discharged. Carried Unanimously 8:04 P. M. William R. Whalon moves that the Report of the Regional Refuse Disposal Planning Committee be accepted and placed on file. Carried Unanimously 8:05 P. M. Frank H. Totman, Jr. moves that the Report of the Lexington Hunting Safety Committee be accepted and placed on file. The report was filed by Stanley A. Brown, Chairman of the committee. Carried Unanimously 8:05 P. M. Article 3. Presented by Robert Cataldo. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Carried Unanimously 8:06 P. M. Article 4. Presented by Robert Cataldo. MOTION: 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 #1000 Personal Services $ 41,316.00 1050 Expenses 6,300.00 8:08 P. M. Selectmen's Jurisdiction 1075 Clerical Labor Pool 6,000.00 1125 Fire & Police Medical 1,000.00 1130 Guides Director 1,000.00 1135 Out of State Travel 4,400. 00 1140 Training & Travel - Out of State 2,400.00 111;5 Community Services 625. 00 1146 Juvenile Services 6,100, 00 8:08 p. M. 80 Article 4. Town Clerk's Department (Cont. ) #1150 Personal Services $ 17,415.00 1200 Expenses 1,000.00 1250 Vital Statistics 525.00 8:09 P. M. Trustees of Public Trusts 1450 Expenses 450.00 8:09 P. M. Board of Appeals 1500 Personal Services 2, 795. 00 1550 Expenses 1, 700.00 8:09 P. M. Planning Board 1600 Personal Services 19,752.00 1650 Expenses 3,950.00 8:10 P. M. Insurance 1700 Group 113,600.00 1750 Municipal Property 87,500.00 8:10 P. M. Printing Town Report 1760 Expenses 6,000.00 8:10 P. M. Office Services 1770 Expenses 1,800.00 8:10 P. M. Law Department 7-75 Fees 33, 000.00 1. 70g Expenses 5, 000. 00 Ephraim Weiss moves to amend Account #1775 by striking therefrom the figure $33,000. 00 and substituting therefor the figure $33,500.00. 8:12 P. M. Amendment, as offered by Mr. Weiss, declared lost by voice vote. 8:14 P. M. Elections 1900 Jurisdiction Selectmen 6,380. 00 1950 Jurisdiction Town Clerk 3,400.00 8:15 P. M. Board of Registrars 2000 Personal Services 4,097.00 2050 Expenses 3,700.00 8:15 P. M. Appropriation Committee 2250 Expenses __. 3,470.00 8:15 P. M. Capital Expenditures Committee 2300 Expenses 75. Q0 8:15 P. M. Si Article 4. Standing School Building Committee (Cont. ) #2350 Expenses 100.00 8:15 P. M. Permanent Building Committee 2360 Expenses 500.00 8:15 P. M. Town Celebrations Committee 2400 Expenses 5,200.00 8:15 P. M. Historic Districts Commission 2450 Expenses 1,500.00 8:15 P. N. Conservation Commission 2460 Expenses 1,100.00 8:15 P. M. Recreation Committee 2470 Personal Services 44,700.00 2480 Expenses 9,4.00.00 8:15 P. M. Treasurer's Department 2500 Personal Services 12,078.00 2525 Expenses 800.00 2575 Foreclosure & Redemption 1,500.00 8:15 P. M. Collector's Department 2650 Personal Services 14,745.00 2700 Expenses 2,250.00 2750 Metered Mail 7,300.00 8:15 P. M. Comptroller 2800 Personal Services 52,068.00 2850 Expenses 2,100.00 2925 Office Machines - Capital Outlay 4,100.00 2930 Office Machines - Maint. & Repair 4,100.00 8:16 P. M. AssessorsDepartment 2950 Personal Services 31,416.00 3000 Expenses 2,500.00 3025 Professional Services 100.00 8:16 P. M. Health Department 3250 Personal Services 20,595.00 3300 Expenses 10,000.00 3385 Engineering 500.00 3400 Animal Inspection 1,270.00 3450 Rabies Clinic 1,120.00 8:16 P. M. 82 Article 11.. Police Department (Cont. ) #3750 Personal :Services $ 534,422.00 (Of which $6,000.00 is to be transferred from the Parking Meter Fund) 8:16 P. M. Robert M. Gary, Chairman of the Appropriation Committee, moves to amend Account #3750 by striking therefrom the figure $53 ,422.00 and substituting therefor the figure $525,322.00. 8:18 P. M. Mr. Gary states that the reduction is to eliminate the night pay differential. He doesn't believe that Lexington should be the leader in this area as it is not common practice. 8:18 P. M. Robert Cataldo speaks in favor of the main motion and against the amendment. He asks that Chief James F. Corr be recognized. 8:20 P. M. Chief Corr gives his reasons behind the request for the night pay differential and states that it is not possible to rotate the shifts . 8:20 P. M. Allan Lee Whitman, Jr. asks what the percentage of difference is. Mr. Cataldo states that it is 5%. 8:30 P. M. Hugh M. Chapin states that he fears that if the night pay differential was passed that it would be a precedent for other departments next year. There- fore, he states that he is in favor of the amendment. 8:34 P. M. Mr. Cataldo states that this would not happen as the firemen do not work every night as the policemen do. .31+ P. M. David E. Humez and Frank T. Samuel, Jr. are in favor of the main motion and against the amendment. 8:38 P. M. Weiant Wathen Dunn asked if there would be another request for the swing shift and Mr. Cataldo answers no. 8:38 P. M. A voice vote was taken on Mr. Gary's motion to amend but was doubted by the Moderator, so a standing vote was taken as follows: In Favor Tellers Opposed 29 James F. Fenske 15 15 Frederick E. Tucker 23 22 Joseph M. Cronin 17 30 Robert V. Whitman 29 96 84 Mr. Gary's motion to amend was declared carried. 8:40 P. M. Account #3750, as amended, now reads: Police Department 3750 Personal Services 525,322.00 (Of which $6,000.00 is to be transferred (This amt. from the Parking Meter Fund. ) amended - See Page 94 . ) ' - 83 - 83 , ' Article 4. Police Department (Cont. ) (Cont. ) #3800 Expenses $ 63,500.00 3900 Parking Meter Maintenance 2,000.00 (Of which $2,000.00 is to be transferred from the Parking Meter Fund. ) 8:44 P. M. Erik Lund moves to amend Account #3800 by striking therefrom the figure $63,500.00 and substituting therefor the figure $62,000.00. 8:45 P. M. Ni'. . Lund's motion to amend Article 4, Account #3800 declared lost by voice vote. 8:49 P. M. David E. Humez gives notice of reconsideration of Article 4, Account #3750. 8:50 P. M. Article 4. Dog Officer (Cont. ) #4000 Personal Services 7,034.00 4.050 Expenses 1,500.00 8:50 P. M. Fire Department 4100 Personal Services 529,409.00 4150 Expenses 45,500.00 4200 Ambulance Maintenance 690.00 4250 Forest Fires 100.00 8:50 P. M. Civil Defense 4300 Personal Services 9,000.00 4350 Expenses 6,500.00 4360 Civil Defense - Auxiliary Fire 500.00 8:50 P. M. Inspection Department 1!)!50 Personal Services 31,007.00 4500 Expenses 2,450.00 8:50 P. M. Weights & Measures 4600 Personal Services 1,500.00 4650 Expenses 450.00 8:50 P. M. Public Works Department 4900 Personal Services 611,103.00 8:50 P. M. Public Works - Sup t ts. Office 4950 Personal Services 60,119.00 5000 Expenses 1,800.00 8:51 P. M. Engineering Department 5100 Personal Services 125,701.00 5150 Expenses 6,500.00 8:51 P. M. Town Offices & Cary Memorial Building 5200 Personal Services 23,295.00 5250 Expenses 32,415.00 8:52 P. M. G ;74#4 84 Article 4. Public Works Building (Cont. ) #5350 Expenses $ 20,000.00 8:54 P° M. Highway Maintenance 5400 Expenses 108,000.00 (Of which $1,000.00 is to be transferred from the Parking Meter Fund. ) 8:55 P. M. Robert M. Gary moves to amend Account #5400 by striking therefrom the figure $108,000.00 and substituting therefor the figure $103,750.00. 8:55 P. M. Robert Cataldo speaks against the amendment. 8:57 P. M. Mr. Garyta motion to amend Account #5400 was declared carried by voice vote. 9 P. M. It now reads: Highway Maintenance 5400 Expenses 103,750. 00 (Of which $1, 000. 00 is to be transferred from the Parking Meter Fund. ) Road Machinery 5450 Expenses 90,000.00 9 P. M. Snow Removal 5500 Expenses 200,000.00 (Of which $4,500.00 is to be transferred from the Parking Meter Fund. ) 9:01 P. M. Traffic Rejulation & Control 5550 Expenses 16 400.00 9:01 P. M. Street Lights 5600 Expenses 105,000.00 9:01 P. M. Street Signs 5650 Expenses 2,200.00 9:01 P. M. Sewer Maintenance 5700 Expenses 29,225.00 9:01 P. M. Sewer Services 5750 Expenses , 10,500.00 9:01 P. M. Garbage Collection 5800 Expenses 67,167.00 9:01 P. M. Sanit2E7 Land Fill 5850 Expenses 1.7,400.00 9:01 P. M. 85 Article 4. WaterMaintenance (Cont. ) #5900 Expenses $ 55,800.00 9:01 P. M. Water Services 5950 Expenses 10,500.00 9:01 P. M. Park Department 6000 Expenses 33,000.00 9:01 P. M. Insect Suppression 6050 Expenses 2,500.00 9:02 P. M. Shade Tree 6100 Expenses 13,000.00 9:02 P. M. Dutch Elm 6150 Expenses 5,000.00 9:02 P. H. Public Facilities Building 6200 Expenses 2,050.00 9:02 P. M. Veterans' Benefits 7100 Personal Services 6,860.00 7150 Expenses 1,325.00 7200 Aid & Expenses I4.9,500.00 9:02 P. M. Graves Registration 7250 Expenses 350.00 9:02 P. M. Soldiers Burials 7300 Expenses 250.00 9:02 P. M. Cemetery Department 7350 Personal Services 544.,692.00 (Of which $7,000.00 is to be transferred from the Nestview Perpetual Care Fund) 7400 Expenses 4,825.00 (Of which $1,000.00 is to be transferred from the Westview Sale of Lots Fund. ) 9:02 P. M. Cary Memorial Library 7500 Personal Services y 190,374.00 7550 Expenses 62,579.00 ;: $6,922.75 is also available as State Aid to Libraries. :. To which will be added $2,821.14 received from the County-Dog License;::Fees. 9:03 P. M. I; c%�=}r 86 Article 4. Board of Retirement (Cont. ) #7800 Accrued & Normal Liability $ 106,51 ..00 7850 Expenses 1,950.00 9:03 P. M. School Operation 7900 Personal Services 7,510,300. 00 * 7925 Expenses 1,197,206.00 7950 Out of State Travel 12,300.00 7960 Vocational Education 9,095.00 7970 Athletics 89,500.00 8000 Adult Education 12,952.00 To which the sum of $239,310.00 in available and anticipated P.L. 864, P.L. 874, ESEA P.L. 89-10, and State METCO funds is to be applied, and the balance is raised and appropriated under this Article. 9:04 P. M. Debt Payment 8500 Interest on Debt 336,�40.00 8525 Interest on Anticipation Loans 70 000.00 8550 Maturing Debt 1,081,000.00 9:04 P. M. Frank H. Totman, Jr. serves notice of reconsideration of Article 4, Account =~5400. 9:05 P. M. Joseph J. Downey asks that John B. Byrne, Jr. be recognized to speak on Account #4150. 9:05 P. M. The Moderator states that there would have to be an amendment on the floor in order for someone to speak. Joseph J. Downey moves to amend Article 11., Account #4450 by striking therefrom the figure $31,007.00 and substituting therefor the figure $24,000.00. 9:07 P. M. Mr. Downey asks that Mr. Byrne be recognized. The Moderator states that if there are no objections that Mr. Byrne will be recognized. A voice vote was taken and Mr. Byrne was allowed speak. 9:10 P. M. Mr. Byrne, the Lexington Plumbing and Gas Inspector, spoke in opposition to the appointment of the Assistant Building Inspector who will also be the Gas Inspector. He stated that the work load of the Building Inspector had decreased in the last few years and could not see the necessity of an Assistant. 9:18 P. M. Robert Cataldo, Chairman of the Board of Selectmen, praised the work of the current Building Inspector. 9:21 P. M. The motion as offered by Mr. Downey to amend Article 4, Account #4450 was declared lost by voice vote, 9:21 P. M. Joseph M. Cronin asks why there is such an increase in Account #1775 - Law Department --- Fees. He also asks how many counsels there would be and if there would be a full time Town Counsel. 9:25 P. M. Mr. Cataldo states that they have been, and are still, looking for a full time Town Counsel. 9:25 P. M. Richard K. Eaton questions Logan Clarke, Jr. , Chairman of the School Committee, on the school budget. 9:27 P. M. Article 4. Ephraim Weiss moves to amend Article 4, Account #4300 (Cont. ) by striking therefrom the figure $9,000. 00 and sub- stituting therefor the figure 4,500.00. 9:28 P. M. Howard M. Kassler asks if it is in order to amend the motion offered by Mr. Weiss. 9:30 P. M. Mr. Weiss withdraws his motion. 9:30 P. M. Howard M. Kassler moves to amend the Civil Defense budget as follows: Amend Account 54300 by striking therefrom the figure $9,000.00 and substituting therefor the figure $4,500.00. Amend Account #L-350 by striking therefrom the figure $6,500.00 and substituting therefor the figure 33,500.00. Delete Account #4.360. 9:32 P. M. Mr. Kassler states that this would phase out the Civil Defense program as of the end of June 1969. Mr. Cataldo states that he doubts that the to:,nn wants to phase out the program completely. 9:37 P. M. Richard K. Eaton speaks against the amendment. 9:39 P. M. Arthur E. Burrell describes the work of the Civil Defense Department. 9:50 P. M. Sumer E. Perlman asks Mr. Kassler if he is speaking as the Chairman of the Civil Defense Advisory Committee and if the committee is in favor of his motion. Mr. Kassler states that the committee feels that if the budget is going to be cut, that it might just as well have the Civil Defense Department phased out completely. 9:56 P. M. Richard H. Soule commends Mr. Burrell on his diligent work and speaks against the amendment. 9:57 P. M. Mr. Cataldo said that if the department is going to be phased out that they should have longer than two months - it should go to the end of the year. 10:02 P. M. Herbert W. Eisenberg moves the previous question which was declared lost by voice vote. 10:05 P. M. The motion to amend the Civil Defense budget, as offered by Mr. Kassler, was declared lost by voice vote. 10:05 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 17 James F. Penske 25 13 Frederick E. Tucker 26 27 Joseph M. Cronin 11.4, 23 Robert V. Whitman 35 80 100 Motion to amend the Civil Defense budget, as offered by Mr. Kassler, declared lost. 10:02 P. M. George E. Cooper questions the School Budget. 10:09 P. M. William J. Scouler asked if there was a general 7% raise for all town employees. Mr. Cataldo said there was with the exception of the police and fire departments. 10:10 P. M. Mr. Gary stated the 7% was over and above the step-rate raise . 10:12 P. M. 88 Article 4. In answer to Mr. Oooperts question regarding reducing (Cont. ) the School Department budget, Donald E. Legro, Town Counssl, states that the court would assess the town for the deficiency plus a 25% penalty. 10:13 P. M. Albert S. Richardson, Jr. moves to amend Account #7900 by striking therefrom the figure $7,510,300.00 and substituting therefor the figure $7,510,299.00. 10:15 P. M. Mr. Richardsonts amendment declared lost by voice vote. 10:22 P. M. Main motion under Article 444 as amended, carried unanimously 10:23 P. M. Article 5. Presented by Robert Cataldo. MOTION: To establish the salary and compensation of the Town Treasurer, Town Clerk and Town Collector of Taxes at the following annual rates: Town Clerk $ 12,300. 00 Town Treasurer 1,500. 00 Town Collector of Taxes 8,600. 00 the increase over the rates established last year to become effective April 1, 1969, and to raise and appropriate therefor the sum of $22,050. 00. Carried 10:25 P. M. Article 6. Presented by Robert Cataldo. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial years beginning January 1, 1969 and January 1, 1970, 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 10:25 P. M. Article 7. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:25 P. M. Article 8. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:25 P. M. Article 9. Presented by Robert Cataldo. MOTION: To appropriate $110,000.00 for the Reserve Fund and to provide for the payment thereof by the transfer of $100,400.00 from the Reserve Fund - Overlay Surplus and by raising the balance of $9,600.00 in the current tax levy. Carried Unanimously 10:27 P. M. Article 10. Presented by Robert Cataldo. MOTION: . That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1969. Carried Unanimously 10:27 P. M. Article 11. Presented by Robert Cataldo. MOTION: That the sum of $27,410. 00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $12,490.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 10:28 P. M. Article 12. Presented by Robert Cataldo. MOTION; That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried Unanimously 10:28 P. M. Article 13. Thomas G. Taylor moves that this article be tabled. (See Pg. 122) Carried Unanimously 10:30 P. M. Article 1I4.. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets 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 $20, 000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:30 P. M. Mr. Cataldo said that this water main would be installed in Hayden Avenue, but that if Hayden Avenue was not accepted, that he would ask for reconsideration of this article. 10:31 P. M. (See Weiant Wathen-Dunn moves that Article 14 be tabled Page 111) which was declared carried by voice vote. 10:32 P. M. Article 15. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and larr. acquisition the sum of *347, 700.00 , and to provide for payment there- of by transfer from the Excess and Deficiency Account. 10:33 P. M. Jack L. Mitchell moves to amend Article 15 by striking therefrom the figure $347,700.00 and substituting therefor the figure $320,000.00. 10:35 P. M. Mr. Mitchellts motion to amend declared carried by voice vote. 10:40 P. M. Main motion, as amended by Mr. Mitchell, as follows: MOTION: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such Article 15. accepted or unaccepted streets or other land as the (Cont. ) Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $320, 000. 00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:40 P. M. Article 16. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine beginning at a point in waltham Street which point is 1100 feet, more or less, southerly from Concord Avenue and extending westerly 2400 feet, more or less, to Concord Avenue, then northerly 900 feet, more or less, to the southerly terminus of an existing dry sewer previously installed across Route 2, then northerly from the northerly terminus of said existing dry sewer a distance of 1250 feet, more or less, then westerly 1160 feet, more 'or less, and then southwesterly 800 feet, more or less, to a pumping station to be installed on the northerly side of Hayden Avenue, 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 $194,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:41 P. M. Slides shown. 10:43 P. M. Ephraim Weiss moves to amend Article 16 by striking therefrom the figure $194000.00 and substituting therefor the figure $130,000.00. 10:45 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 15. 10:50 P. M. Article 16. Various speakers. (Cont. ) Mr. Weiss 's motion to amend Article 16 declared lost by voice vote. 11:01 P. M. Manfred P. Friedman moves that Article 16 be tabled which was declared lost by voice vote. 11:03 P. M. Main motion, as offered by Mr. Cataldo, under Article 16 declared carried by voice vote. 11:03 P. M. Richard H. Soule moves that the meeting be adjourned to Wednesday, March 19, 1969, 7:30 P. M. in the Cary Memorial Hall. Carried Unanimously 11:03 P. M. / Town Clerk 91_ ADJOURNED TOWN MEETING HELD, MARCH 19, 1969 Meeting called to order by the Moderator at 7:38 P. M. There were 193 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley of the Church of Our Redeemer. 7:39 P. M. Article 2. Robert M. Gary, Chairman of the Appropriation Committee, stated that the tax rate shown on the blackboard as $59. 76 was subject to change. 7:40 P. M. Article 17. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in (Amended accordance with Chapter 263 of the Acts of 1926, as See amended, or otherwise, and to take by eminent domain, Page purchase or otherwise acquire any fee, easement or other 104 . ) interest in land necessary therefor; and to raise and appropriate therefor the sum of $40,000.00. 7:40 P. M. Mr. Cataldo stated that the drains would be installed in Meriam Street, Glen Road and Cary Avenue. Main Motion carried unanimously. 7:40 P. M. Robert M. Gary serves notice of reconsideration of Article 17. 7:42 P. M. Article 18. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously �:42 P. M. Article 19. Presented by Robert Gataldo. MOTION: 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 raise and appropriate therefor the sum of $45,000.00. 7:43 P. M. Motion carried by voice vote. ?:47 P. M. Article 20. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to raise and appropriate the sum of $5,000.00. 7:47 P. M. Leon A. Burke, Jr. speaks against the motion. 7:48 P. M. Main motion carried by voice vote. 7:49 P. M. Article 21. Presented by Robert Cataldo. MOTION: That the sum of 56,000. 00 be raised and appropriated. for Chapter 90 highway maintenance. Carried by voice vote. 7:50 P. M. Article 22. Presented by Robert Cataldo. MOTION: That articles 22 and 23 be taken up together. Carried by voice vote. 7:50 P. M. Articles 22 and 23. Presented by Robert Cataldo. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road, from a point 108 feet, more or less, northwesterly of Goffe Road, a distance of 544 feet, more or less, northwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, 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 $60,000. 00 for the construction of said way under Chapter 90 highway construction and for land acquisition therefor. 7:53 P. M. Mr. Cataldo stated that this article was inserted in the warrant at the request of the Planning Board. He also stated that the majority (4 to 1) of the Board of Selectmen are in favor of the original concept of Worthen Road. 7:55 P. M. Erik Lund, Chairman of the Planning Board, stated that the Planning Board unanimously supports the original plans of the Board of Selectmen to lay out this road and would ask for the funds needed, and he urges passage of this article. 8 P. M. Robert B. Kent, Moderator, asks that the records show that the Planning Board reported and that the board is unanimously in favor of this article. 8 P. M. Fr?nlr H. Totman, Jr. and Margaret Rawls speak in opposition. 8:02 P. M. Herbert Eisenberg moves for indefinite postpone- ment. 8:03 P. M. Elizabeth M. Flynn, Milton L. Gould and Erik Lund speak against indefinite postponement. 8:12 P. M. Motion, as offered by Mr. Eisenberg, for indefinite postponement declared lost by voice vote. 8:17 P. M. James E. Storer and Allan Green speak in opposition of the main motion. 8:23 P. M. Elizabeth M. Flynn asks for permission for Harry Mimno to speak from the balcony. Permission granted. 8:25 P. M. Mr. Mimno speaks in opposition. 8:35 P. M. Jacqueline B. Davison speaks in favor. 8:37 P. M. Alice F. Tryon reads a petition signed by 500 residents of the six precincts in town opposing this article and then states her own opposition, recommending further study. 8:45 P. M. Erik L. Mollo-Christensen speaks in favor. 8:47 P. M. Jack L. Mitchell, Capital Expenditures Committee, states that the committee is divided on his article. 8:48 P. M. Articles 22 and 23. (Cont. ) Richard H. Soule speaks in favor and Barbara M. Harvell speaks in opposition. 8:53 P. M. Paul G. Yewell moves the previous question which was declared carried by voice vote. 8:54 P. M. Mr. Cataldo yields his time to Mr. Lund of the Planning Board who urges passage of this article. 8:55 P. M. Voice vote on main motion doubted, so standing vote taken as follows: In Favor Tellers Opposed 30 Stephen T. Russian 12 23! Gordon E. Steele 18 20 Donald R. Grant 19 26 Richard K. Eaton 30 100 79 Main motion, as offered by Mr. Cataldo, declared carried. 8:57 P. M. Article 234. Presented by Robert Cataldo. - MOTION: That this article be indefinitely postponed. Carried Unanimously 8:57 P. M. Article 25. Presented by Robert Cataldo. MOTION: That the sum of $15,000.00 received from the State under Chapter 616 of the Acts of 1967 be appro- priated to be used in conjunction with money appropriated under Article 60 of the Warrant for the 1967 Annual Town Meeting for the construction of Philip Road. Carried Unanimously 9 P. M. David E. Humez moves for reconsideration of Article 4 - Account #3750. 9 P. M. Mr. Humez then gives his reasons for asking for reconsideration and the reasons that there should be a night pay differential 9:05 P. M. Paul G. Yewell speaks in favor. 9:07 P. M. Robert M. Gary, Chairman of the Appropriation Committee, speaks in opposition. 9:08 P. M. Stephen T. Russian and Edward T. Martin speak in favor. 9:14 P. M. Howard L. Levingston serves notice of reconsideration of Articles 22 and 23. 9:15 P. M. Selectman Allan F. Kenney speaks in favor. 9:18 P. M. Gordon E. Steele moves the previous question which was declared carried by voice vote. 9:18 P. M. Reconsideration of Article 4 - Account #3750 declared carried by voice vote. 9:19 P. M. Selectman, Roland B. Greeley states that the police and firemen have already received a 10% increase and he opposes the night differential as it will be an increase of 1 en pay 5� The differential itself he is not opposed to - it is the 15%. 9:28 P. M. 94 Article 4. - Account #3750 (Cont. ) Robert M. Gary asks "Why does Lexington have to adopt a new program when no other town has it. Are we so unique? What will this lead to? Will we have night pay differential for firemen?" 9:31 P. M. Robert Cataldo stated that Peabody and Scituate have this differential. 9:33 P. M. Donald P. Noyes moves the previous question which was declared carried unanimously. 9:34 P. M. A standing vote was taken on the amendment as offered by Robert M. Gary under Article L - Account #3750 to strike therefrom the figure $534,422.00 and substitute therefor the figure $525,322. 00. In Favor Tellers Opposed 23 Stephen T. Russian 18 19 Gordon E. Steele 23 21 Donald. R. Grant 18 23 Richard K. Eaton 33 86 92 Motion, as offered by Mr. Gary, declared lost. 9:35 P. M. 4 Police Department - Account #3750, Article/now reads: #3750 Personal Services $ 534,1122.00 Main motion under Article 14, as amended, carried by voice vote. 9:35 P. M. Article 26. Presented by Robert Cataldo. MOTION: To appropriate the sum of $14,900.00 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 9:37 P. M. Article 27. Presented by Robert Cataldo. MOTION: 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 Depart- ment of Public Works when used on various projects carried on under the direction of said Department or other departments of the Town, the amount of said charge not to exceed the amount allowed by the Statefbr the use of similar equipment. Carried Unanimously 9:38 P. M. Article 28. Presented by Robert Cataldo. MOTION: That the sum of $28,000.00 be appropriated as a supplementary appropriation to be used in conjunction with money appropriated under Article 19 of the Warrant for the 1968 Annual Town Meeting for the installation of a sewer main or mains, including a pumping station and appurtenances, in such locations as the Selectmen may determine, from the existing Woodhaven Trunk Sewer at a point appro1cimately 1300 feet southeasterly from the intersection of Shade Street and Spring Street to a point in Spring Street near the Waltham. city line and to a point in Barberry Road near said city line and to provide for payment by transfer of the sum of $26, 000.00 from the unexpended balance of the appropriation for installation of a sewer main or mains from Bedford Street to Volunteer Way near Rangeway voted under Article 15 of the Warrant for the 1967 Annual Town Meeting. 9:40 P. M. 95 Article 28. Mr. Cataldo stated the appropriation would be (Cont. ) transferred from an unexpended balance and would not be on the 1969 tax rate. Martin I. Small stated that although the selectmen say that it will not be on the tax rate, any transfer shows up on the tax rate one way or another. Main motion declared carried unanimously. 9:40 P. M. Article 29. Presented by Robert Cataldo. MOTION: 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 adjourn- ment of the 1970 Annual Town Meeting. Carried Unanimously 9:42 P. M. Article 30. Presented by Robert Cataldo. MOTION: That the sum of $9,000. 00 be raised and appropriated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws. 9:42 P. M. Manfred P. Friedman and Richard I. Miller speak on the article. Mr. Friedman in opposition and Mr. Miller in favor. 9:47 P. M. Main motion carried by voice vote. 9:47 P. M. The Moderator asks if the members would like a five minute recess and the meeting was unanimously in favor. 9:47 P. M. The Moderator called the meeting to order again at 9:57 P. M. Article 31. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:57 P. M. Article 32. Presented by Robert Cataldo. MOTION: That the Selectmen be and hereby are authorized to lease seven voting machines; and to raise and appropriate the sum of $1,451.92 therefor. 9:58 P. M. Robert M. Gary moves to amend the motion by striking therefrom the figure "seven" and substituting the figure "three" and by striking therefrom the figure $1,451.92 and substituting therefor the figure $625.00. 10 P. M. Amendment as offered by Mr. Gary declared carried by voice vote. 10:01 P. M. Motion, as amended, now reads: MOTION: That the Selectmen be and hereby are authorized to lease three voting machines; and to raise and appropriate the sum of $625.00 therefor. Motion, as amended, declared carried by voice vote. 10:02 P. M. Article 33. Presented by Robert Cataldo. MOTION: That the sum of $4, 000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 10:02 P. M. 0 Article 3L.. Presented by Robert Cataldo. MOTION: That the sum of $16,000.00 be appropriated under the authority of Chapter 570 of the Acts of 1962, to be expended by the Selectmen for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than required to serve only the subdivision, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:03 P. M. Ephraim Weiss moves: Amendment to Article 34: After the words "required to serve only the subdivision" insert the words: "but not for a roadway of width greater than 30 feet". 10:05 P. M. Amendment, as offered by Mr. Weiss, declared lost by voice vote. 10:09 P. M. General discussion. 10:17 P. M. Robert E. Meyer moves to amend the main motion by striking therefrom the figure $16,000.00 and substituting therefor the figure $4,000.00. 10:17 P. M. Amendment, as offered by Mr. Meyer, declared lost by voice vote. 10:18 P. M. Sumner E. Perlman moves the previous question which was declared carried by voice vote. 10:22 P. M. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 10:22 P. M. Article 35. Presented by Robert Cataldo. MOTION: That the sum of $7,8 .7.00 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 10:23 P. M. Article 36. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:23 P. M. Article 37. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authoP- ized to retain professional services to prepare final plans and specifications for alterations and additions to the town office building and alterations and additions to the police building, and that the suss, of s45,000.00 be raised and appropriated therefor. 10:24 P. M. Mr. Cataldo explains the need for an addition to the town office building. 10:29 P. M. 97 Article 37. Allen Lee Whitman, Jr. offers the following motion: (Cont. ) To refer the motion under Article 37 to the Permanent Building Committee, authorized by a vote of the Town under Article 73 of the 1967 Annual Town Meeting, said committee to receive the reports of the Selectmen's advisory committee and to report, to a future Town Meeting, recommendations together with any Articles, including requests for authorization and appropriation, which they deem proper. 10:30 P. M. Mr. Mollo-Christensen asked why the selectmen did not use the permanent building committee. 10:39 P. M. Mr. Cataldo said that the board and the advisory committee have worked on this for three years and feel that it is best that they finish the job. 10:Ll P. M. Vernon C. Page speaks in favor of the amendment. 10:42 P. M. Mr. Gary states that the Appropriation Committee is in favor of the main motion. 10:52 P. M. Alan B. Wilson moves the previous question. 10:52 p. M. Martin A. Gilman moves that the meeting be adjourned to Monday, March 2L , 1969, 7:30 P. M. in the Cary Memorial Hall. 10:52 P. M. Donald P. Noyes moves to amend Mr. Gilman's motion by striking out 7:30 P. M. and substituting therefor 8 P. M. which was declared lost by voice vote. 10:58 P. M. The motion to adjourn to Monday, March 24, 1969 at 7:30 P. M. , as offered by Mr. Gilman, declared carried by voice vote. 11 P. M. --,?fr 4) Town Clerk 98 ADJOURNED TOWN MEETING HELD MARCH 2L, 1969 Meeting called to order by Moderator, Robert B. ent at 7:32 P. M. There were 194 Town Meeting Members present. The invocation was offered by Rev. Richard W. Lund of the Pilgrim Congregational Church. 7:35 P. M. The Moderator states that Article 37 is now open. Article 37. The Moderator reads Article 37, as presented by Robert Cataldo, at the Adjourned Town Meeting held March 19, 19 69. MOTION: That the Selectmen be and they hereby are authorized to retain professional services to prepare final plans and specifications for alterations and additions to the town office building and alterations and additions to the police building, and that the sum of $45,000.00 be raised and appropriated therefor. 7:35 P. M. The Moderator reads the amendment, as presented by Allen Lee Whitman, Jr. at the March 19th meeting. MOTION: To refer the motion under Article 37 to the Permanent Building Committee, authorized by a vote of the Town under Article 73 of the 1967 Annual Town Meeting, said committee to receive the reports of the Selectmen' s advisory committee and to report, to a future Town Meeting, recommendations together with any Articles, including requests for authorization and appropriation, which they deem proper. 7:37 P. M. The Moderator now states that the motion on the floor at this time is the motion of Alan B. Wilson to move the previous question. 7:37 P. M. Alan B. Wilson moves to withdraw his motion for the previous question. There were no objections from the Town Meeting Members therefore the motion for the previousq nstion is withdrawn. 7:38 P. M. Allen Lee Whitman, Jr. moves to amend his amendment as follows: MOTION: To refer the motion under Article 37 to the Selectmen for. purposes of preparation and presentation, to a future Town Meeting, of a definitive proposal for Town Office expanoion, including any necessary pre- liminary plans and specifications, as initiated by vote under Article 36 of the 1966 Annual Town Meeting and to raise and appropriate therefor eight thousand dollars. Such proposal should: 1. establish the requirements in detail, 2. show how the proposal meets those require- ments and indicate if there are alternative ways of meeting the requirements, 3. include cost estimates for the different aspects of the proposed plan, and 4. show how the office complex could be expanded if future needs indicate a requirement for additional office space. 7:45 P. M. Mr. Whitman gives an explanation of his second amendment. 7:46 P. M. Mr. Cataldo stated that the Selectmen have already gone into 90% of the areas that Mr. Whitman suggests. 7:50 P. M. 99 Article 37. Mr. Whitmants motion to amend his first motion declared (Cont. ) carried by voice vote. 8 P. M. Mr. Whitman' s second motion (to refer to the Selectmen) declared carried by voice vote, which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 25 Donald M. Graham 17 23 Hugh M. Chapin 21 30 Donald P. Noyes 9 25 William R. ? salon 25 103 72 Mr. Whitman's motion to refer to the Selectmen declared adopted. 8:04 P. M. Article 2. Thomas G. Taylor presented the Report of the Permanent Building Committee which was moved to be accepted and placed on file. Carried Unanimously 8:08 P. M. Herbert W. Eisenberg moved that the Report of the Town-Wide Beautification Committee be accepted, placed on file and the committee discharged. Carried Unanimously 8:08 P. M. Article 38. Presented by Allan F. Kenney. MOTION: That Articles 38 to 41, inclusive, be taken up together. Carried Unanimously 8:10 P. M. Erik Lund, Chairman of the Planning Board, presents the reports of the Planning Board covering Articles 38 to 41 inclusive, stating that the Planning Board is unanimously in favor of laying out these streets. 8:12 P. M. Article 38. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Ewell Avenue from Eastern Avenue southerly a distance of 950 feet, more or less, to Deering 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 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:13 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Hillcrest Avenue from :Pottier Avenue northeasterly, a distance of 750 feet, more or less, to Circle Road, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent do +min, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:13 P. M. Article 40. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the layout of as a town way, Grassland Street from Spring Street southeasterly, a distance of 700 feet, more or less, to Payson Street, as laid out by the Selectmen 100 Article 40. under the Betterment Act and shown upon a plan on file in (Cont. ) the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:14 P. M. Article 41. Presented by Allan F. Kenney. MOTION: To establish as a town way, and accept the lay- out of as a town way, Vaille Avenue from Reed Street westerly, a distance of 880 feet, more or less, 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 19, 1968, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:17 P. M. MOTION: To appropriate for land acquisition and for construction of the ways enumerated in Articles 38 to 41, inclusive, the m m of $150,458.30, and to provide for payment by the transfer of $882458.30 from the unexpended balance of the appropriation for land acquisition and for construction of said ways voted under Articles 82 to 85, inclusive, of the Warrant for the 1968 Annual Town Meeting, and by raising the balance of $62,000.00 in the current tax levy. Carried Unanimously 8:19 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That Articles 42 to 44, inclusive, be taken up together. Carried by voice vote. 8:21 P. M. Erik Lund, Chairman of the Planning Board, presents the reports of the Planning Board covering Articles 42 to 44 inclusive, stating that the Planning Board is unanimously in favor of laying out these streets 8:21 P. M. Article 42. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way, Manley Court, a distance of 430 feet, more or less, from Woburn Street to Vine Street, 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 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 8:22 P. M. Article 43. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town. way, Hillcrest Avenue, a distance of 850 feet, more or less, from Circle Road to Rawson Avenue, as laid out by the Selectmen under the Better- ment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to auth- orize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest —' in land necessary therefor. 8:23 P. M. Jack L. Mitchell states that the Capital Expenditures Committee recommends adoption of this article. 8:24 P. M. 1011 Article 43. Weiant Wathen Dunn, Howard M. Kassler, J. Keith (Cont. ) Butters and Alfred S. Busa speak in favor of the motion. Mr. Kassler asks that John F. Frazer, who lives on Hillcrest Avenue, be recognized. There were no objections. Mr. Frazer explained the need of having this street accepted and showed slides which verified his statements. 8:32 P. M. John J. Seitz speaks in favor. 8:36 P. M. Homer J. Hagedorn moves the previous question which was declared carried by voice vote. 8:37 P. M. Main motion, as presented by Mr.. Kenney, declared carried by voice vote. 8:38 P. M. Article 44. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the layout of as a town way, Bridge Street, a distance of 600 feet, more or less, from Valleyfield Street to Waltham Street, 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 10, 1969, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. 5:39 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 42 to !�1� inclusive, the sum of $96,500.00. Carried by voice vote. 8:39 P. M. Article 45. Presented by Allan F. Kenney. MOTION: To establish as a town way and accept the lay- out of as a town way, Elena Road from Marrett Road, a distance of 697feet, more or less, southwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, 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 appropriate for land acquisition and for construction of said way the sum of $150.00 and to provide for pay- ment thereof by the transfer of the sum of $150.00 from the unexpended balance of the appropriation voted under articles 75 - 78, inclusive, of the Warrant for the 1968 Annual Town Meeting. 8:40 P. M. Erik Lund, Chairman of the Planning Board, presented the Report of the :."board covering this article, stating that the board is unanimously in favor of passage of this article. 8:41 P. M. Motion, as presented by Mr. Kenney, carried unanimously. 8:41P. M. Article 46. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $25,000.00 for the further development of the so-called dump area on Lincoln Street. 8:42 P. M. After general discussion, Stillman P. Williams moves the previous question which was declared carried by voice vote. 8:52 P. M. Motion, as offered by Mr. Cataldo, declared carried by voice vote. 8:52 P. M. 102 Article 47. Presented by Robert Cataldo. (Approved MOTION: To amend the General By-Laws of the Town by by Atty. adding at the end of the third paragraph of Section 4. of General, ARTICLE XXV a new sentence to read substantially as Robert H. follows: Quinn on June 25, The Selectmen may appoint some other voter of the Town 1969. ) to serve on said committee in place of the member of the Board of Selectmen provided for in the preceding sentence. Carried Unanimously 8:52 P. M. Article 48. Presented by Logan Clarke, Jr. MOTION: That, in accordance with General Laws, Chapter 149, Section 1781, as amended by Chapter 633 of the Actscf 1968, the School Committee be and it hereby is authorized to designate an attorney as a representative of the School Committee for the purpose of bargaining with employee organizations for school employees. 8,54 P. M. Robert M. Gary, Chairman of the Appropriation Committee, states that the committee recommend favorable action. Motion, as offered by Mr. Clarke, carried by voice vote. 8:56 P. M. Article 49. Presented by Logan Clarke, Jr. MOTION: To create, in accordance with the provisions of Section 14 of Chapter 71 of the General Laws, as amended, a special unpaid committee to be known as the Vocational Regional School District Planning Committee, to consist of three members, including one member of the School Committee, to be appointed by the Moderator; ars3 to raise and appropriate the sum of $200.00 for the expense of such committee. 8:57 P. M. Richard Best Blomfield presents Report of the Citizens Advisory Committee (report was read but not filed. ) 9:05 P. M. Motion, as offered by Mr. Clarke, carried by voice vote. 9:07 P. M. Article 50. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of 59,200.00 to be expended under the direction of the Selectmen for improvements to the stage and appurtenant facilities at Cary Memorial Hall, 9:07 P. M. After general discussion, the motion was declared lost by voice vote. 9:20 P. M. Article 51. Presented by Robert Cataldo. MOTION: To appropriate the sum of $6,922.75 received in 1968 as State Aid to public libraries to be used by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carries? Tnanimo L usy 9. 1 9:21 P. M Article 52. Irving H. Mabee moves to lay this article on the table. (See Page 112. ) Carried Unanimously 9:22 P. M. 03 Article 53. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $6,000.00 for the further development of the Harrington School Playground. Carried by voice vote. 9:22 P. M. Article 54. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $14,OOO.00 for the construction of two tennis courts at the Center Playground. 9:23 P. M. Robert E. Bond, Chairman of the Recreation Committee, speaks in favor of this article. 9:�5 P. M. Mr. Gary states that the Appropriation Committee recommends favorable action on Article 51 but would recommend unfavorable action on Articles 56 and 57. 9:27 P. M. Voice vote on motion, as offered by Mr. Cataldo, declared carried, which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 29 Donald M. Graham 10 17 Hugh M. Chapin 26 24 Donald P. Noyes 17 32 William R. Nhalon 15 102 68 Declared carried. 9:28 P. M. Weiant Wathen-Dunn moves for a ten minute recess which was declared lost by voice vote. 9:28 P. M. Article 55. Robert Cataldo moves that this article be indefinitely postponed. 9:28 P. M. Allan Greene, Gordon E. Steele and. Paul V. Riffin speak against indefinite postponement. 9:33 P. M. Motion that this article be indefinitely postponed declared carried by voice vote. 9:34 P. M. Article 56. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Laconia Street. Carried by voice vote. 9:35 P. M. Article 57. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $5,000.00 for the development of a neighborhood play area on a parcel of land owned by the Town, located off Valley- field Street. Carried by voice vote. 9:37 P. M. Article 58. Presented by Allan. F. Kenney. MOTION: To extend to the 1970 Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report. Carried Unanimously 9:37 P. M. 104 Article 59. Margery M. Battin moves that this article be indefinitely postponed. Carried Unanimously 9:38 P. M. Ephraim Weiss moves for a five minute recess which was declared carried by voice vote. 9:38 P. M. The Moderator called the meeting to order again at 9:48 P. M. Robert M. Gary moves for reconsideration of Article 17 which was declared/unanimous at 9:52 P. M. carried Article 17. (As passed at the March 19, 1969 Town Meeting) MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water 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 raise and appropriate therefor the sum of $40,000.00. Robert M. Gary moves to amend the motion by striking the words "raise and" and to add after the figure $40,000.00 the words "$12,300.00 to be raised in the current tax levy and $27,700.00 to be transferred from the Excess and Deficiency Account." Carried Unanimously 9:55 P. M. Motion, as amended, now reads: MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water 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 appropriate therefor the sum of $40,000.00, $12,300. 00 to be raised in the current tax levy and $27,700.00 to be transferred from the Excess and Deficiency Account. Motion, as amended, carried unanimously 9:55 P. M. Article 60. Presented by Robert Cataldo. (Approved MOTION: To amend the Building By-Law by inserting at by Atty. the end of Section 1. of ARTICLE IV a new paragraph to General, read substantially as follows: Robert H. Quinn on A permit is not required for any detached, non masonry June 25, building not to be used for living or habitation purposes 1969.) and which is not more than 8! in length or breadth and not more than 7' in height. Carried Unanimously 9:55 P. M. Article 61. Presented by Robert Cataldo. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Alfred S. Busa and Daniel P. Busa, Trustees of The Busa Realty Trust, conveying to the Town a parcel of land containing 3.0 acres, more or less, and shown as Parcel A on plan entitled "Ridge Estates in Lexington, Mass. ", dated December 22, 1967, Albert A. Miller & Wilbur C. Nylander, ILO Article 61. Civil Engineers and Surveyors, be and hereby is (Cont. ) ratified, confirmed and adopted. 9:57 P. M. Evert N. Fowle states that the Planning Board is unanimously in favor of this article. Motion, as offered by Mr. Cataldo, carried unanimously. Carried Unanimously 9:57 P. M. Article 62. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 9:57 P. M. Article 63. Presented by Erik Lund. MOTION: To amend the General By-Laws by adding at the end of Article XXIV thereof a new section to read as follows: ADVISORY DESIGN REVIEW OF TOWN PROJECTS Section 27. No action shall be taken by any Board, Department or Committee of the Town on any plan or proposal involving the construction, extension or removal of or substantial external changes (including landscaping and site improvement) to any town building, way, parking lot, playground, park, or other land owned or controlled by the Town and involving expenditures in excess of $10,000 until the plans and other information pertinent to such construction or external changes have been referred to the Planning Board for a design review and the Planning Board has submitted an advisory written report to the referring agency or 15 calendar days have elapsed after the referral. In connection with the preparation of its advisory report, the Planning Board may consult with the Design Advisory Committee established under the Rules and Regulations of the Planning Board. 9:58 P. M. Donald M. Graham states that the Planning Board is in favor of this article. 10:03 P. M. Robert Cataldo moves to refer this back to the Planning Board and Board of Selectmen for further study and to report back to a subsequent town meeting but no later than the 1970 Annual Town. Meeting. 10:07 P. M. Herbert W. Eisenberg speaks against the amendment. 10:08 P. M. Amendment, as offered by Mr. Cataldo, for further study declared carried by voice vote. 10:08 P. M. Article 64. Presented by Jules P. Sussman. MOTION: To raise and appropriate the sum of $2600.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 196k. Carried by voice vote. 10:10 P. M. Article 65. Presented by Robert Cataldo. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:10 P. M. Article 66. Thomas G. Taylor moves that this article be taken up after Article 13. Carried Unanimously 10:12 P. M. 1 116 Article 67. Presented by J. Robert Sherman. MOTION; That the sum of $3,500.00 be raised and appropriated for the purchase by the Cemetery Commissioners of a new truck and that, in addition, the Cemetery Commissioners be and they hereby are authorized to turn in a 1961 Ford truck to apply toward the purchase price. Carried Unanimously 10:13 P. M. Article 68. Presented by J. Robert Sherman. MOTION: That the Cemetery Commissioners be and they hereby are authorized to retain professional services and prepare plpnsand specifications for an addition to the existing building at Westview Cemetery, to enter into a contract or contracts for the construction of said addition, and to supervise the work; and that the sum of $11,000.00 be appropriated therefor and that payment be provided by the transfer of $11, 000.00 from the Westview Cemetery Sale of Lots Fund. Robert M. Gary states that the Appropriation Committee recommend unfavorable action. 10:20 P. M. Howard M. Kassler moves to amend the motion by striking therefrom the words"Cemetery Commissioners" and substituting therefor the words "Permanent Building Committee". 10:22 P. M. Amendment, as offered by Mr. Kassler, declared lost by voice vote. 10:23 P. M. Main motion, as offered by Mr. laerman, declared lost by voice vote. 10:25 P. M. Joseph A. Campbell moves that Article 74 be taken up at this time. 10:25 P. M. Erik Lund, Chairman of the Planning Board, states that the board opposes this motion. 10:26 P. M. Motion, as offered by Mr. Campbell, declared lost by voice vote. 10:27 P. M. Article 69. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation, Commission, for conserva- tion purposes as provided by Section 8c of Chapter 40 of the General Laws, all or any part of that portion of lot 289 on Land Court Plan 19485-K located north of a line parallel to or concentric with and distant 850 feet northerly from the northerly side line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964 ,amid portion of lot 289 containing 21;4 acres, more or less; and to raise and appropriate for said land acquisition the sum of $450000.00. 000.00. 10:28 P. M. Erik Lund states that the Planning Board recommends passage of Articles 69-74 inclusive and presents the Planning Boardvaovering Articles 69-74 inclusive. Report 10:29 P. M. William R. Whalon moves for indefinite postponement. 10:32 P. M. Mr. Whalon explains his motion for indefinite post- ponement. 10:40 P. M. Article 69. Erik Lund asks that the motion to indefinitely postpone (Cont. ) be defeated. 10:44 P. M. Jules P. Sussman speaks againstindefinite postponement and states that the Conservation Commission is unanimously in favor of the main motion. 10:47 P. M. Motion, as presented by Mr. Zhalon, that article 69 be indefinitely postponed, is(� declared lost by voice vote. 10:51 P. M. Robert Cataldo states that the Board of Selectmen is unanimously in favor of this article. 10:55 P. M. Voice vote on main motion, as presented by Mr. Lund, is not unanimous, so standng vote taken as follows: In Favor Tellers Opposed 36 Donald M. Graham 1 36 Hugh M. Chapin 2 38 Donald P. Noyes 0 46 William R. Whalon . 156 4 More than the necessary two-thirds having voted in the affirmative, the motion is adopted. 11 P. M. Article 70. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8c of Chapter LSO of the General Laws, all or any part of that portion of a parcel of land marked "19.95 acres" on the plan by George C. Brehm, City Engineer, dated April 1922, entitled "Plan of Land in Lexington, Mass. , to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range", and recorded in Middlesex South District Registry of Deeds, Plan Book 30 Plan g y 4., L�3, which is located to the north of a line parallel to and distant 850 feet northerly from the northerly side line of Hayden Avenue as laid out by the Commonwealth of Massachusetts on February 25, 1964, and contains 4.8 acres, more or less; and to raise and appropriate for said land acquisition the sum of *10,000.00. Carried Unanimously 11:01 P. M. Article 71. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, all or any part of that portion of lot 7 shown on Land , Court Plan 16660-M which is located to the north of a line parallel to and distant 850 feet northerly from the northerly side line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964, and contains 25 acres, more or less; and to raise and appropriate for said land acquisition the sum of $52,000.00. Carried Unanimously 11:02 P. M. s Article 72. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes, as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land containing 4.3 acres more or less, and shown as Lot A on Land Court Plan 2802 D; and to raise and appropriate for said land acquisition the sum of $9,000.00. Carried Unanimously 11:02 P. M. Article 73. Presented by Erik Lund. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission for conserva- tion purposes, as provided by Section CC of Chapter 40 of the General Laws, all or any part of a parcel of land containing 5.8 acres more or less, and shown as lot 16 on Land. Court Plan 2802- Y; and to raise and appropriate for said land acquisition the sum of $18,500.00. 11:03 P. M. Voice vote on the motion was not unanimous, so a standing vote was taken as follows: In Favor Tellers Opposed 33 Donald M. Graham 2 35 Hugh M. Chapin 3 32 Donald P. Noyes 1 37 William R. Whalon 0 137 6 More than the necessary two-thirds having voted in the affirmative, the motion is declared adopted. 11:07 P. M. Article 74. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by adding at the end of subsection 23.1 thereof the following new CR office (Approved and research park districts: by Attorney 23.15 A district on the northerly side of Hayden General, Avenue east of the CR district 23,11 and bounded and Robert ii. described as follows: Quinn, Beginning at the intersection of the southeasterly July 7, boundary of the CR office and research park district 1969) 23.11, as described in this By-Law, with the northerly street line of Hayden Avenue, as laid out by the Common- wealth of Massachusetts on February 25, 1964; thence by said CR district boundary generally northeasterly, easterly and northwesterly to a point distant 850 feet from said northerly street line of Hayden Avenue; thence southeasterly and easterly by a line distant 850 feet northerly from and concentric with or parallel to said northerly street line of Hayden Avenue to the easterly boundary of lot 289 shown on Land Court Plan 19485-u; thence southerly by said boundary of lot 289 to the northerly street line of Hayden Avenue, thence westerly and northwesterly by said street line of Hayden Avenue to the point of beginning. 23.16 A district on the northerly side of Hayden Avenue, being a portion of lot marked "19.95 acres" on a plan entitled "Plan of Land in LeAngton, Mass. , to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range, n dated April 1922, by George C. Brehm, City 109 Article 74. Engineer, recorded in Middlesex. South District Deeds (Cont. ) Plan Book 304, Plan 43, said district being bounded and described as follows: Beginning at the intersection of the easterly boundary of lot 289, as shown on Land Court Plan 19485-F, with the northerly street line of Hayden_ Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence northerly by said easterly boundary of lot 289 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line distant 850 feet from and parallel to said northerly street line of Hayden_ Avenue to the westerly boundary of lot 7, as shown. on Land Court Plan. 16660-M; thence generally southerly by said westerly boundary of lot 7 to the northerly street line of Hayden Avenue; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23,17 A district on the northerly side of Hayden Avenue, being the southerly portion of lot 7, as shown on Land Court Plan 16660-H, said district being bounded and described as follows: Beginning at the intersection of the westerly boundary of lot 7, as shown on the Land Court Plan 16660-H, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence generally northerly by several courses by said westerly boundary of lot 7 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line parallel to and distant 850 feet from the northerly street line of Hayden Avenue to the easterly boundary of lot 7, as shown on Land Court Plan 16660-M; thence southerly by said easterly boundary of lot 7 to the intersection of the easterly boundary of said lot 7 with the common boundary of lot A, as shown on Land Court Plan 2802-D, and lot 16, as shown on Land Court Plan 2802-Y; thence southwesterly by the northwesterly boundary of said lot 16 and southwesterly and southeasterly by the north- westerly and southwesterly boundaries of lot 19, as shown on Land Court Plan 2802-Z, to the intersection with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.18 A district on the northerly side of Hayden Avenue comprising all of lot 19, as shown on Land Court plan 2802-Z, and the westerly portion of lot 16, as shown on Land Court Plan 2802-Y, said district being bounded and described as follows: Beginning at the intersection of the northeasterly boundary of lot 19, as shown on Land Court Plan 2802-Z, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the easterly boundary of lot 7, as shown on Land Court Plan 16660-M; thence by said boundary of lot 7 northwesterly 422.45 feet and northeasterly 563.08 feet to the common boundary of lots A, shown on Land Court Plan 2802-D, and 16, shown on Land Court Plan 2802-Y; thence southerly by a line perpendicular to the northerly line of Cambridge-Concord Turnpike (Route 2), as laid out by the Commonwealth of Massachusetts on February 25, 1964, to the intersection with the north- easterly boundary of lot 19, as shown on Land Court Plan 2802-Z; thence southeasterly by said boundary of lot 19 to the point of beginning. 11:07 P. M. Joseph A. Campbell serves notice of reconsideration of Articles 69-73 inclusive. 11:08 P. M. 110 Article 74. Erie Lund states that the Planning Board is unanimously (Cont. ) in favor. (The Planning Board Report covering this article was presented at 10:29 P. M. with the reports covering Articles 69-74 inclusive. ) Frank T. Samuel, Jr. asks Mr. Lund if he would object to having the meeting adjourned and finish the article at the next meeting as forty members have already left. Mr. Lund stated that he would rather have the meeting act on the article at this time. 11:10 P. M. After general discussion, a standing vote was taken on Mr. Lund's motion as follows: In Favor Tellers Opposed 30 Donald M. Graham 5 37 Hugh M. Chapin 1 36 Donald P. Noyes 2 30 William R. Whalon 6 133 14 More than the necessary two-thirds having voted in the affirmative, the motion is declared adopted. 11:20 P. M. Robert Cataldo moves that the meeting be adjourned to Wednesday, March 26, 1969, 7:30 P. M. in the Cary Memorial Hall. Carried Unanimously 11:21 P. M. Town Clerk 111 ADJOURNED TOWN MEETING tt LD MARCH 26, 1969 Meeting called to order by the Moderator, Robert B. Kent, at 7:33 P. M. There were 181 Town Meeting Members present. Invocation offered by Rabbi Herbert Rosenblum of Temple Emunah. 7:36 P. M. Robert Cataldo moves that Article 14 be taken from the table which was carried by voice vote. 7:37 P. M. Article 14. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are authorized to install water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaccepted streets 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 $20, 000. 00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 7:37 P. M. Frank H. Totman moves that Articles 75, 82 and 83 be taken up together. Carried Unanimously 7:39 P. M. Articles 75, 82 and 83. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, any fee, easement or other interest in, all or any part of the following parcels of land: Parcel One All or any part of a parcel of land containing 7.2 acres, more or le m, situated on Vine Street and shown as Lot 44 on Assessors Property Map 47; Parcel Two All or any part of the land off Grant Street, being those parts of Lots 110A, 110B, and 110C that lie southeasterly of the center line of the Vine Brook Easement, all as shown on a plan of land entitled "Plan of Land in Lexington, Massachusetts", dated December 10, 1951, made by Miller and Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds, Book 7850, Page 565; Parcel Three All or any part of the land on Hayes Lane being:. lots numbered 39, 40, 41, 42, 44, 45, 46, 47 and the greater portion of lot numbered 43 and the strip forty (40) feet wide, as shown on the plan entitled "Plan of Lots on the Fletcher Estate, Lexington, Mass. , George R. Blinn, Trustee", Clarence E. Carter, Civil Engineer, dated May 1914 and recorded with Middlesex South District Registry of Deeds, Plan Book 228, Plan 21, all as described in a deed from Lexington Co-operative Bank dated August 12, 1941, recorded with said Deeds, Book 6527, Page 401; and to raise and appropriate for said land acquisition the sum of $2,500.00, 7:47 P. M. 1_i :2: Articles 75, 82 and 83 (Cont. ) Evert Fowle states that the Planning Board unanimously supports the Conservation Commission on these articles and urges passage. 7:4.7 P. M. Voice vote on main motion is not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 37 Thomas G. Taylor 0 32 Jack L. Mitchell 4. 39 Robert A. Bittenbender 0 L2 Richard H. Soule 0 150 j+ More than the required two-thirds having voted in the affirmative, the motion is declared adopted. 7:50 P. M. Irving H. Mabee moves that Article 52 be taken from the table which was carried by voice vote. 7:50 P. M. Article 52. Presented by Irving H. Mabee. 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 off-street parking all or any part of the land on and off Massa- chusetts Avenue containing 20,14.6 square feet, more or less, described in three deeds recorded in Middlesex South District Registry of Deeds, Book 674.5, Page 321, Book 6851, Page 225, and Book 69)i)i, Page 337; and to raise and appropriate for such land acquisition the sum of $48,000.00. 7:52 P. M. Mr. Mabee states that the Board of Selectmen, Planning Board and Library Trustees are all in favor of purchasing this site. 7:59 P. M. Barbara M. Harvell asks Elizabeth: H.Clarke of the Library Trustees that if this property was not purchased would this prevent the library from building its expansion. Mrs. Clarke stated that they could build:`but would have very limited parking facilities. 8:05 P. M. Board Francis T. Worrell states that the Planning/unanimously supports this article. 8:17 P. M. Donald R. Grant moves to amend the motion by adding the words "for library purposes" after the words "for off- street parking". 8:27 P. M. Mr. Mabee states the Board of Selectmen are opposed to Mr. Grant's amendment. 8:29 P. M. Hugh M. Chapin moves to amend Mr. Grant' s amendment by striking out the words "for off-street parking for library purposes" and substituting therefor the words "for any library purposes". 8:36 P. M. to amend Mr. Grant's amendment Mr. Chapin's amendment/is declared carried by voice vote. — 8:37 P. M. Edwin A. Bennett moves the previous question which was declared carried by voice vote. 8:4.7 P. M. X13 Article 52. The amendment to the main motion to strike "for (Cont. ) off-street parking for library purposes" and substitute "for any library purposes" is voted on by standing vote as follows v In Favor Tellers Opposed 18 Thomas G. Taylor 18 15 Jack L. Mitchell 24 29 Robert A. Bittenbender 10 25 Richard H. Soule 21 87 , 73 Motion to amend the main motion adopted. 8:49 P. M. Standing vote on main motion, as amended, (which now reads as follows: ) 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 any library purposes all or any part of the land on and off Massa- chusetts Avenue containing 20,146 square feet, more or less, described in three deeds recorded in Middlesex South District Registry of Deeds, Book 6745, Page 321, Book 6851, Page 225, and Book 6944, Page 337; and to raise and appropriate for such land acquisition the sum of $48,000.00. Standing vote taken as follows: In Favor Tellers Opposed 23 Thomas G. Taylor 13 18 Jack L. Mitchell 21 26 Robert A. Bittenbender 14 27 Richard H. Soule 2�t 94 72 Less than the required two-thirds having voted in the affirmative, the motion is not adopted. 8:73 P. M. Eric Lund serves notice of reconsideration of Article 52. 8:55 P. M. Article 76. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, all or any part of the land situated off Utica Street and shown as a parcel containing 7.5 acres, more or les9, on plan entitled "Plan of Land in Lexing- ton, Mass. ", dated October 13, 191,1,, Fred A. Joyce, Surveyor, recorded in Middlesex South District Registry of Deeds, Book 6814., Page 178, together with the rights of way from said parcel to Vine Street as shown on said plan; and to raise and appropriate for said land acquisition the sum of $17,000.00. 8.56 P. M. Mr. Smith asks for permission for Stanley A. Brown to speak on the article. Permission granted. 8:57 P. M. Mr. Brown gives an explanation of the article. 8:57 P. M. 114 Article 76. Evert N. Fowle states that the Planning Board is unanimously (Cont. ) in favor of this article. 8:57 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 34 Thomas G. Taylor 0 26 Jack L. Mitchell 7 38 Robert A. Bittenbender 1 35 Richard H. Soule 5 133 �3 More than the required two-thirds having voted in the affirmative, the motion is declared adopted. 9 P. M. Article 77. Presented by Francis W. K. Smith. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or other interest in all or any part of Lots 23 through 40 on Grapevine Avenue on a plan entitled "Plan #2 Section #2 Farmhurst, Lex- ington, Massachusetts, Belonging to Neil McIntosh, Trustee", dated May 1919 by C. H. Gannett, C. E. , recorded with Middlesex South District Registry of Deeds in Plan Book 2�4, Plan 43; and to raise and appropriate for said land acquisition the sum of $500.00. 9:01 P. M. Robert M. Gary states that the Appropriation Committee recommends favorable action on this article. 9:02 P. M. James F. Fenske requests permission for Faye Kenney, who lives in the area, to speak. Permission granted. 9:03 P. M. Faye Kenney speaks in opposition. 9:05 P. M. Evert N. Fowle states that the Planning Board is unanimously in favor of this article. 9:06 P. M. Joseph A. Campbell moves to amend the motion by striking therefrom "and to authorize the Selectmen to take by eminent domain, upon the written request of the Con- servation Commission". 9:10 P. M. Mr. Fowle urges defeat of the amendment. 9:11 P. M. The amendment, as offered by Mr. Campbell, declared carried by voice vote. 9 :12 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote. 9:163 P. M. Main motion, as amended, now reads: MOTION: To authorize the Conservation Commission to purchase or otherwise acquire for conservation purposes as provided by Section 8c of Chapter 40 of the General Laws, any fee, easement or other interest in all or any part of Lots 23 through 40 on Grapevine Avenue on a plan entitled "Plan #2 Section #2 Farnthurst, Lexington, Massa- chusetts, Belonging to Neil McIntosh, Trustee", dated May 1919 by C. H. Gannett, C. E. , recorded with Middlesex South District Registry of Deeds in Plan Book 274, Plan 43; and to raise and appropriate for said land acquisition the sum of $500. 00. Main motion, as amended, declared carried by voice vote. 9:18 P. M. I_ 1 5 Article 78. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 79. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 80. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 81. Angela E. Frick moves that this article be indefinitely postponed. Carried Unanimously 9:20 P. M. Article 84. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 9:21 P. M. Douglas A. Ross moves for reconsideration of Articles 22 and 23. 9:21 P. M, The Moderator moves for a five minute recess which was carried unanimously. 9:22 P. M. The meeting was called to order again by the Moderator at 9:32 P. M. The Moderator reads Articles 22 and 23 as passed at the March 19, 1969 Town Meeting: Articles 22 and 23. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road, from a point 108 feet, more or less, northwesterly of Goffe Road, a distance of 544 feet, more or less, northwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, amd 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 $60,000.00 for the construction of said way under Chapter 90 highway construction and for land acquisition therefor. 9:33 P. M. Mr. Ross explains his reasons for his motion to reconsider Articles 22 and 23. 9:40 P. M. Selectman, Roland B. Greeley speaks against reconsidera- tion. 9:41 P. M. Allan F. Kenney speaks as a minority member of the Board of Selectmen. Mr. Kenney states that he has petitions signed by over five hundred residents of the six precincts of the town opposing this article and that he is filing the petitions with the Town Clerk. He speaks in favor of reconsidering these articles and a_►nst the main motion. 9:45 P. M. John F. Downey, Jr. moves the previous question which was declared carried by voice vote. 9:52 P. M. Reconsideration of Articles 22 and 23 was declared lost by voice vote, which was doubted, so landing vote taken as follows: In Favor Tellers Opposed 11 Thomas G. Taylor 28 10 Jack L. Mitchell 34 15 Robert A. Bittenbender 24 25 Richard H. Soule 24 61 110 Reconsideration of Articles 22 and 23 declared lost. 9:54 P. M. I16 Article 85. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the first paragraph of Section 24 thereof beginning with the words "No land shall . . . . . " and ending with the words ". . . by General Laws. ' and by substituting in place thereof the following: Section 24, No land shall be used and no structure shall be erected or used, except as provided in Section 25 entitled Use Regulations Schedule or in other sections of this By-Law, or as exempt by Section 30 or by General Laws. 9:55 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the report of the Planning Board. Main motion carried unanimously 9:56 P. M. Article 86. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the (Approved words "(not accessory to a permitted use on the same by lot) " in paragraph 25.52 of Section 25 - Use Regulations Attorney Schedule, by inserting in place thereof the words General, "(other than in connection with a use permitted in the Robert H. district by this Section)", and by adding at the end of Quinn, the second footnote to paragraph 25.80 of said Section July 7, 25 the words "and for uses permitted in RO, RS and RT 1969. ) districts need not be on the same lot as the principal use to which it is accessory". 9:57 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 9:57 P. M. Article 87. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the first paragraph of Section 26 thereof preceding subsection (Approved 26.1 and by inserting in place thereof the following new by paragraph: Attorney General, Section 26. A lot of land complying with the area and Robert H. frontage requirements specified in Section 27 hereof under Quinn, the caption Schedule of Dimensional Controls shall be July 7, provided for each dwelling or other principal use (other 1969. ) than an agricultural use) permitted in R0, RS and RT residence districts and for any other use or uses per- mitted in other districts. Any building or structure located on a lot shall comply with the dimensional requirements of said Section 27, except where speci- fically provided otherwise by this By-Law or by General Laws. 9:58 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 9:59 P. M. Article 88. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by striking out the subsection 26.1 thereof and by inserting in place thereof the following new subsection 26. 1: 1i7 Article 88. 26.1 No lot upon which there is a building or for (Cont. ) whiff a building permit is in force shall be subdivided or otherwise changed in size or shape, except through (Approved public acquisitions, so as to result in violation of the by requirements of Section 27 Schedule of Dimensional Attorney Controls and of other applicable requirements of this General, By-Law, and a lot already non-conforming shall not be Robert H. changed in size or shape so as to increase the degree Quinn, of non-conformity or non-compliance with the require- July 7, ments of this By-Law. If land is subdivided, conveyed, 1969. ) devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this By-Law. 10 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. 10 P. M. Carried Unanimously 10:02 P. M. Article 89. Presented by Erik Lund. MOTION: To amend the Zoning By-Law by inserting in (Approved the definition of yard in Section LLO thereof following by the word "fences" the words agates or security stations ", Attorney so that said definition of yard shall read as follows: General, Robert H. YARD: An open space on a lot unoccupied by a building Quinn, or structure or such parts thereof as covered or July 7, uncovered porches, steps, cornices, eaves and other 1939. ) projections; provided however that fences, gates or security stations, yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard but shall be subject to height limitatinns. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto. 10:04 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:05 P. M. Article 90. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by striking out by the words "Minimum Yard Adjacent to RO, RS, RT, RM Attorney Districts" in the column captioned "Districts" of Section General, 27 - Schedule of Dimensional Controls and by inserting Robert H. in place thereof the words "Minimum Side and Rear Yard Quinn, Adjacent to RO, RS, RT, RM Districts". JulY , 10:05 P. M. 196 7 1969. ) Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:06 P. M. Article 91. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by adding at the end by of subsection 12.2 thereof under the caption Special Attorney Permits the following: such special permit may be granted General, when in the judgment of the Board of Appeals the public Robert H. welfare and convenience will be substantially served Quinn, thereby and where a requested permit will not tend to July 7, 1969. ) 118 Article 91. impair the status of the neighborhood. (Cont. ) 10:07 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:07 P. M. Article 92. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By Law by adding in Section by 40 thereof under the caption Definitions immediately Attorney preceding the definition of, a STRUCTURE the following General, new definition: Robert H. Quinn, STREET LINE: The boundary of a street right-of-way Jul 7, or layout. 1969. ) 10:07 P. M. Mr. Lund states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:07 P. M. Article 93. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by striking out in by paragraph 25.31 of Section 25 thereof the phrase Attorney "Greenhouses, including conservatories" and by inserting General, in place thereof the words "commercial greenhouses". Robert H. 10:08 P. M. Quinn, July 7, Mr. Lund states that the Planning Board is unanimously 1969. ) in favor of this article and files the Planning Board Report covering Articles 93 and 94. Carried Unanimously 10:08 P. M. Article 94. Presented by Erik Lund. (Approved MOTION: To amend the Zoning By-Law by adding at the by end of the enumeration of accessory uses in the para- Attorney graph 25, 80 of Section 25 thereof the following: General, "Greenhouses not intended and not used for commercial Robert H. purposes and subject to regulation as a structure". Quinn, July 7, Mr. Lund states that the Planning Board is unanimously 1969. ) in favor of this article and that the Planning Board Report was filed with the report covering Article 93. Carried Unanimously 10:10 P. M. Article 95. Francis T. Worrell moves to amend the Zoning By-Law as set forth in Article 95 of the warrant for this meeting. (Approved „ ; ;; (To amend the Zoning By-Law by striking out the by description of the CG general business district 23.82 in Attorney Section 23 thereof and by inserting in place thereof the General, following new description: Robert H. Quinn, 23.82 A district at the junction of Lowell Street July 7, and North Street as follows: on both sides of Lowell 1969. ) Street a distance of 300 feet northerly from the points of intersections of the center lines of Lowell Street and North Street, on the easterly side of Lowell Street a distance of 300 feet southerly from the point of intersection of the center lines of Lowell Street and North Street northeast of Lowell Street, and on both sides of North Street a distance of 200 feet northeasterly from the point of intersection of the center lines of Lowell Street and North Street, and on the northeasterly 11- 9 Article 95. side of North Street a distance of 250 feet north- (Cont. ) westerly from the intersection of the center lines of Lowell Street and North Street, and of a depth of 100 feet from the adjacent street lines in each instance. ) Mr. Worrell discusses Articles 95 and 96 together. He states that the Planning Board is unanimously in favor of this article and files the Planning Board Report covering Articles 95 and 96. 10:13 P. M. Carried Unanimously 10:17 P. M. Article 96. Francis T. Worrell moves to amend the Zoning By-Law as set forth in the warrant for this meeting in Article 96. 10:18 P. M. (Approved (To amend the Zoning By-Law by striking out the descrip- by tion of the CG general business district 23.84 in Section Attorney 23 thereof and by inserting in place thereof the General, following: Robert H. Quinn, 23.814. Districts at the junction of Woburn and Lowell July 7, Streets upon the northeasterly, southeasterly and south- 1969. ) westerly corners thereof and extending for a distance of 200 feet along each street from the junction points of the side lines of each street; thence back at right angles to each said street until the exterior lines intersect. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and the Planning Board Report was filed under Article 95. Carried Unanimously 10:18 P. M. Article 97. Francis T. Worrell moves to amend the Zoning By-Law as stated in Article 97 of the warrant for this meeting. 10:19 P. M. (Approved (To amend the Zoning By-Law by striking out the by subsection 11.3 thereof and by inserting in place thereof Attorney the following new subsections 11.3 and 11.14.: General, Robert H. 11.3 A permit to erect, relocate or alter any Quinn, building or structure shall be deemed a permit to occupy July 7, or use such building or structure for the use and 1969. ) purposes set forth in such permit when the building or structure is completed to the satisfaction of the Building Inspector in accordance with the provisions of such permit and with the plans and specifications filed with the Building Inspector, and when adequate means of sewage disposal have been provided; provided, however, that the right to occupy or use shall be subject to revocation, modification or denial in accordance with the provisions of this by-law and other applicable laws. 11.4 The Building Inspector may, with the concurrence of the Planning Board, issue certificates of compliance with the zoning by-law stating that, in his opinion, an existing or proposed specific use of land, buildings or structures is or would constitute a permitted use and listing such references to the provisions of this by-law and to restrictions or conditions as he may deem pertinent. A reasonable fee, as set from time to time by the Selectmen, may be charged for each certificate of compliance. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:20 P. M. 120 Article 98. Francis T. Morrell moves to amend the Zoning By-Law as set forth in Article 98 of the warrant for this meeting. 10:23 P. M. (To amend the Zoning By-Law by striking out the (Approved text of the footnote j. in Section 27 thereof entitled by Schedule of Dimensional Controls and by inserting in place Attorney thereof the following new text of footnote j. : General, Robert H. Along the southwesterly side of Bedford Street between Quinn, the Northern Circumferential Highway (Route 128) and July 7, Hartwell Avenue there shall be a front yard of 233 feet 1969. ) measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, dated June 3, 1958, and shown as auxiliary base line "F" on the State Highway Alteration layout 5016, dated --- August 30, 1960. ) Mr. Worrell states that the Planning Board is unanimously in favor of this article and files the Planning Board Report. Carried Unanimously 10:25 P. M. Article 99. Presented by Eric T. Clarke, MOTION: To amend the Zoning By-Law by strikino. out the s word "sanitaria, nursing, convalescent and rest homes, homes for the aged" in the enumeration of pel,mitted uses in paragraph 25.22 of Section 25 - HSE REGULATIONS SCHEULE. 10:26 P. M. Mr. Clarke states that the Planning Board unanimously opposes this article and files the Planning Board Report covering Articles 99 and 100. 10:28 P. M. Motion, as presented by Mr. Clarke, declared lost by voice vote. 10:35 P. M. Article 100. Presented by Eric T. Clarke. MOTION: To amend the Zoning By-Law as follows: (See A. By striking out the reference to and the text of Page 102 footnotes e. and g. in Section 27 - Schedule of for Dimensional Controls, and that portion of the text adopted of footnote c. of said Section 27 beginning with motion.) the words "for uses permitted on Special Permit", and by inserting a new footnote e. reading as follows: g. Certain institutional uses allowed in RO, RS and RT districts only with a Special Permit must comply with the requirements of subsection 26. 7 of this by-law. B. By adding a new subsection 26.7 reading as follows: 26.7 Any sanitarium, nursing home, convalescent home, rest home, or home for the aged with a design capacity or actual capacity of 15 beds or more must comply with all of the following requirements in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area; Maximum portion of lot covered by buildings: 10?7 of the lot area; _t Article 100. Maximum permitted capacity or occupancy: (Cont. ) 15 beds per acre of lot area up to and including a maximum of 120 beds. Minimum required parking: one parking space for each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; The preceding requirements shall neither govern nor affect in any way any special permits granted prior to March 31, 1969 or any building permits requested or granted in connection with such special permits granted prior to March 31, 1969. C. By adding in subsection 32.1 entitled SCHEDULE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in R0, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARKING following the words "Reasonable sufficient" the words "or as required by subsection 26.7 for the uses described therein". D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12.2)" the designation "0%", by inserting in place thereof the designation "d", and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26,7 of this by-law. 10:L1.Ot. M. The Report of the Planning Board was filed under Article 99. Howard M. Kassler moves to amend the motion by striking, at the end of B. the following language: "The preceding requirements shall neither govern nor affect in any way any special permits granted prior to March 31, 1969 or any building permits requested or granted in connection with such special permits granted prior to March 31, 1969. " 10:47 P. M. Howard L. Levingston moves to lay the subject matter of this article on the table which was declared lost by voice vote. 10:50 P. M. Motion to amend, as offered by Mr. Kassler, declared lost by voice vote. 10:50 P. M. Ephraim Weiss moves to amend the motion by adding after "Maximum portion of lot covered by buildings: 10% of the lot area" (in B. ) the words "up to a maximum eight tenths of an acre". 10:55 P. M. Richard H. Soule moves to adjourn the meeting to Monday, March 31, 1969, Cary Memorial Hall at 7:30 P. M. 10:55 P. M, Allen Lee Whitman, Jr. moves to amend the motion to read 8 p. M. which was declared carried by voice vote. 10:55 P. M. Motion to adjourn the meeting to Monday, March 31, 1969, Cary Memorial Hall at 8 P. M. declared carried by voice vote. 10:57 p. M. r �� Town Clerk 122 Richard Best Blomfield, 11 Patterson Road, resigned as a Town Meeting Member, Precinct Six, effective March 27, 1969. ADJOURNED TOWN MEETING HkED MARCH 31, 1969 Meeting called to order by the Moderator, Robert B. Kent at 8:02 P. M. There were 198 Town Meeting Members present. Invocation offered by Rev. Doctor Stanley S. Harakas of the Greek Orthodox Church. 8:05 P. M. Robert Cataldo asks the meeting to pause briefly to honor the memory of former President Dwight D. Eisenhower and the members rose for a moment of silence. 8:07 P. M. The Moderator states that Article 100 is again open. Article 100. Ephraim Weiss asks that the amendment he offered under Article 100 at the March 26, 1969 Town Meeting be withdrawn. There were no objections so the Moderator states that the amendment is withdrawn. 8:08 p. M. Eric T. Clarke presents the following: (Motion MOTION: That the subject matter of Article 100 of as the warrant for this meeting be referred to the Planning adopted) Board for further study, said Board to report its findings and recommendations thereon to a future Town Meeting not later than the 1970 Annual Town Meeting. 8:08 P. M. Motion, as offered by Mr. Clarke, to refer back to the Planning Board for further study, declared carried unanimously. 8:11 P. M. Thomas G. Taylor moves that Article 13 be taken from the table. Carried Unanimously 8:11 P. M. Article 13. Presented by Thomas G. Taylor: MOTION: That the subject matter of Article 13 of the warrant for this meeting be referred to the Permanent (Motion Building Committee to obtain new bids for the con- as struction and original equipping and furnishing of a adopted) junior high school on the land situated on and off Marrett Road, that said Committee be and hereby is authorized to retainprofessional services to revise in such manner as it shall determine the existing plans and specifications prepared for said junior high school; andthat the sum of $7,000.00 be raised and appropriated for the expenses of said Committee including the aforesaid professional services and the costs of preparation and printing of the contract documents. 8:13 P. M. Mr. Taylor gives an explanation and then asks for permission for Charles Spaulding of the Permanent Building Committee to speak. Permission granted. 8:2!. P. M. Mr. Spaulding gives an explanation of the construction costs. 8:30 P. M. Mr. Taylor summarizes and urges support of this motion. 8:31 P. M. Robert A. Bittenbender moves to amend the motion by deleting it in its entirety and substituting therefor the following: 123 Article 13. MOTION: That the subject matter of Article 13 of the (Cont. ) warrant for this meeting be referred to the Permanent Building Committee for further study, including the study of the feasibility of the acquisition and use for public school purposes the land and school buildings on Pelham Road now operated by Grey Nuns Charities, Inc. under the name of Lexington Academy, said Committee to report its findings and recommendations thereon to a future town meeting not later than the 1970 Annual Town Meeting; and to raise and appropriate the sum of $20, 000. 00 for the expenses of the committee in carrying out this study. 8:49 Pa M. Mr. Bittenbender explains his motion 8:52 p. M. After general discussion, Paul G. Yewell moves the previous question which was declared lost by voice vote. 9:10 P. M. Robert M. Gary states that the Appropriation Committee recommends unfavorable action on the motion as offered by Mr. Bittenbender. 9:12 P. M. Motion, as offered by Mr. Bittenbender, declared lost by voice vote. 9:12 P. M. Robert V. Whitman moves to amend the existing motion by deleting it in its entirety and substituting therefor the following: MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting be and hereby is authorized to enter into a contract or contracts for the construction and original equipping and furnishing of a new junior high school on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, and to supervise the work; and that the sum of $5,455,000, 00 be appropriated therefor and that payment be provided by the transfer of $13,392. 15 from the Stabilization Fund established under General Laws, Chapter 40, Section 5B, the transfer of X6,268.88 from the unexpended balance of the appropriation for alterations and additions to the Cary Memorial Library Building voted under Article 36 of the Warrant for the 1956 Annual Town Meeting, the transfer of 515,228.96 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Diamond Junior High School voted under Article 7 of the Warrant for the May 12, 1958 Special Town. Meeting, the transfer of $9,033.53 from the unexpended balance of the appropriation for the construction, original equipping and furnishing of the Estabrook School voted under Article 50 of the Warrant for the 1960 Annual Town Meeting, the transfer of $11,076.48 from the unexpended balance of the appropria- tion for construction, original equipping and furnishing of new senior high school buildings and for additions to and alterations in the existing senior high school building voted under Article 2 of the Warrant for the January 28, 1963 Special Town Meeing, and the issue of bonds or notes of the Town for the sum of $5,400, 000.00; and that the Treasurer, with the approval of the Sel- ectmen_, be and he hereby is authorized to borrow the sum of $5,400, 000. 00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accord- ance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years from their dates. 9:18 P. M. f.+` Article 13. Robert M. Gary states that the Appropriation Committee (Cont. ) recommends unfavorable action on the motion as offered by fir. •Whitman and favorable action on Mr. Taylor' s motion. 9:28 P. M. After general discussion, Joseph 0. Rooney moves the previous question which was declared carried by voice vote. 9:48 P. M. Amendment, as offered by Mr. Whitman, declared lost by voice vote. 9:48 P. M. Motion, as offered by Mr. Taylor, declared carried by voice vote. 9:48 P. M. John J. Seitz moves for a five minute recess which was declared carried by voice vote. 9:50 P. M. Meeting again called to order by the Moderator at 9:59 P. M. Article 66. Thomas G. Taylor moves that this article be indefinitely postponed. Carried Unanimously 9:59 P. M. Article 101. Presented by Donald M. Graham. MOTION: That the subject matter of Article 101 be referred to the Planning Board for further study and for investigation of alternative methods of promoting the availability of housing in Lexington for families of moderate incomes, a concept which this meeting hereby endorses, and for a report by the Planning Board of its findings and recommendations to a future Town Meeting not later than the 1970 annual Town Meeting. 10:01 P. M. Mr. Graham states that the Planning Board unanimously favors passage of this article. 10:05 P. M. Roland B. Greeley states that the Lexington Commission on Suburban Responsibility unanimously favors passage of this article . 10:05 P. M. Paul J. MacKenzie asks that Russell Oatman be recognized and permission was granted for Mr. Oatman to speak. 10:09 P. M. Mr. Oatman speaks for the residents of the area opposing this article. 10:15 P. M. Van T. Boughton moves the previous question which was declared carried by voice vote. 10:18 P. M. Paul B. West serves notice of reconsideration of Article 13. 10:18 P. M. Article 101. Motion, as presented by Donald M. Graham, under Article (Cont. ) 101 was declared carried by voice vote. 10:19 P. M. Article 102. Presented by Evert N. Fowle. MOTION: To raise and appropriate the sum of $3,000. 00 for consulting services to be contracted for by the Planning Board for a study of high .accident locations and plans for the improvement of traffic safety and the installation of traffic safety devices at such locations; and to authorize the Planning Board to apply for and obtain on behalf of the town any state or federal grants or reimbursements of the cost of such study for which the town may be eligible. 10:20 P. M. I_ 2 Article 102. Robert M. Gary states that the Appropriation Committee (Cont. ) recommends unfavorable action on this article and reads from the Appropriation Committee Report. 10:25 P. M. Robert Cataldo states that the Board of Selectmen support this article. 10:28 P. M. After general discussion, Stillman P. Williams moves the previous question which was carried unanimously. 10:37 P. M. Motion, as offered by Mr. Fowls, declared lost by voice vote. 10:38 P. M. Article 103. Presented by Evert N. Fowle. MOTION: To raise and appropriate the sum of $5,000.00 for consulting services to be contracted for by the Planning Board for a planning study of traffic conditions between Bedford Street and Rte. 2 at the Arlington town line, the evaluation of the need, feasibility, cost and safety aspects of the various methods of improving traffic conditions through the central business district and thence to Route 2 at the Arlington line, and selection of the preferred alter- native plans, including the preliminary engineering estimates therefor; and to authorize the Planning Board to apply for and receive on behalf of the town any state or federal grant or reimbursement of the cost of such study for which the town may be eligible. 10:40 P. M. Mr. Fowle states that the Planning Board unaniious.ly recommends passage of this article. 10:47 P. M. Richard H. Soule moves that the meeting be adjourned to Wednes- day, April 2, 1969 at 7:30 P. M. 10:53 P. M. Gordon E. Steele moves to amend Mr. Soule 's motion by deleting it in its entirety and substitutin therefor a motion to adjourn the meeting to Monday, April 7, 1969 at 8 P. M. Mr. Steele ' s motion declared lost by voice vote. 10:53 P. M. Frank Sandy moves to amend Mr. Soule's motion by deleting it in its entirety and substituting therefor a motion to adjourn the meeting to Tuesday, April 1, 1969 at 7:30 P. M. 10:54 P. M. Mr. Sandy's motion declared lost by voice vote. 10:55 P. M. Mr. Soule's motion to adjourn declared lost by voice vote. 10:57 P. M. Article 103. Main motion, as offered by Mr. Fowle, under Article (Cont. ) 103 declared lost by voice vote which was doubted, so a standing vote was taken as follows: In Favor Tellers Opposed 3t� Robert E. Bond 11 1 Temple E. Scanlon 21 28 Frederick C. Frick 13 19 Allan Green 33 97 81 Carried 10:58 P. M. 126 Article 1014. .MOTION: That the Selectmen be and they hereby are authorized to abandon such portions of the sewer ease- ments and drain easements granted to the Town by Benjamin Presented Franklin Homes, Inc. by instrument dated November 21, by 1966, recorded in Middlesex South District Registry of Eric T. Deeds, Book 11257, Page 601, as are no longer required Clarke by the Town; and that the minimum amount to be paid for such abandonment shall be $1.00 and the grant to the Town of sewer easements and drain easements which shall be approved by the Planning Board and acceptable to the Selectmen in lieu of the easements hereby authorized to be abandoned; and thatthe instrument of abandon- ment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 11:05 P. M. Article 105. Presented by Donald M. Graham. MOTION: That the subject matter of Article 105 of the warrant for this meeting be referred to the Board of Selectmen for further study and a report to town meeting no later than the next annual meeting, which report shall include (1) a report from the. Board of Health on the status of enforcement within the town of theState Sanitary Code; (2) the joint recommendations of the Board of Health and the Planning Board for the establishment of a long-range housing code enforcement program designed to assure the maintenance of all residential properties within the town at no less than minimum housing standards by means of systematic, periodic inspections or other means ; and (3) the findings and recommendations of the Board of Selectmen with respect to the procedures, personnel and budget requirements for such a program. 11:07 P. M. Mr. Graham states that the Planning Board unanimously recommends passage of this article. 11:09 P. M. Carried by voice vote. 11:09 P. M. Article 106. Presented by Charles E. Parks. MOTION: To amend the Zoning By-Law to provide for Garden Centers as a permitted principal use in all districts subject to a special permit by the Board of Appeals, as follows: A. By adding in Section 140 the following definition: GARDEN CENTER: Premises used for propagating from seed or otherwise, trees, shrubs, plants, flowers, bulbs and seed; the selling of such items', whether grown on the premises or elsewhere, and of containers and supports therefor and decorative items used therewith; the selling of chemicals, pesticides, insecticides, peat moss, humus, mulches and fertilizers intended to preserve the life and health ofsuch items; and, as a supplement to the foregoing, the selling of hand gardening tools and equipment, garden hose and watering devices, and bird feeders, food, houses and baths, and, in seasnn, Christmas trees, wreaths and decorations. B. By adding in Section 24 a new subsection reading as follows: 214.5 Garden Centers permitted by Special Permit under Subsection 12.2 shall have a minimum land area of five acres, be subject to the requirement that at least fifty (50) per cent of the total annual dollar volume of sales on the premises shall consist of the proceeds of sale of 121 Article 106. items grown on the premises, provide adequate (Cont. ) off street parking on the premises, and be subject to such requirements as to parking, lighting, hours of operation, and screening from adjacent residential property as the Board of Appeals may deem necessary to preserve the character of the neighborhood. Commercial nurseries operating in the town on the date of adoption of this provision and having a land area of less than five acres may be granted a Special Permit by the Board of Appeals to operate as garden centers if they have a land area of at least two acres, provided that the Board determines that such permission would not impair the character of the neighborhood and can be granted without substantial derogation from the intent and purpose of this By Law. C. By adding in Section 25, Use Regulation Schedule, a new Paragraph 25.35 to read in the column headed "Use Designation--As a Principal Use", -- Garden Centers (see Subsection 24.5)--, and to read for each district in the columns headed "District", --SP; so that said new paragraph will appear as follows : Use Designation District RO As a Principal Use RT RM CR CH CM CO CS CN CG CB RS 25.35 Garden Centers (See Subsection 21.8..5) SP SP SP SP SP SP SP SP SP SP SP n ri ri n n i. is : n n i. ii * n .. :• n r * n n a ii 'ri ii * .. n i. i. n 11:13 P. M. Mr. Parks asks for permission for Harold E. Stevens to speak. Permission granted. 11:13 P. M. Mr. Stevens speaks in favor of the motion. 11:16 P. M. Evert N. Fowle submits the Report of the Planning Board and states that the Planning Board is opposed to this article. 11:17 P. M. Mr. Fowle moves to amend the motion by striking the motion as read and substitute therefor the following: MOTION: I move that the subject matter of Article 106 by referred to the Planning Board for further study and that the Board be- requested to submit a report and recommendations no later than the next Annual Town Meeting. 11:17 P. M. Mr. Fowle states that the Planning Board unanimously recommends passage of the amendment. 11:21 P. M. Mr. Fowlers motion to amend declared carried by voice vote which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 27 Robert E. Bond 14 8 Temple E. Scanlon . 33 30 Frederick C. Frick 10 21 Allan Green 27 86 84 Carried 11:25 P. M. 128 Richard H. Soule moves to adjourn the meeting to Monday, April 7, 1969 at 8 P. M. 11:25 P. M. Selectman Robert Cataldo states that Articles 108 through 112 are to be indefinitely postponed so that there is just one more article to be acted upon. 11:25 P. M. Charles E. Parks serves notice of reconsideration of Article 106. 11:27 P. M. Amendment to adjourn, as offered by Mr. Soule, declared lost by voice vote. 11:28 P. M. Article 107. Presented by Richard A. Michelson. MOTION: To amend the Zoning By Law in accordance with Article 107 as set forth under Article 107 in the warrant for this meeting. 11:28 P. M. (To amend the Zoning By-Law by adding at the end of Section 23.1 CR Office and Research Park Districts, the following new paragraph: A district on the Lexington and Waltham boundary, on the easterly side of the Northern Circumferenctial Highway (Route 128), on the southeasterly side of the Route 125-Route 2 Interchange, and described as follows: Beginning at the intersecting point of the Algonquin Gas Transmission base-line, and the southerly line of Route 2 as laid out by the Common- wealth omnon- wealth of Massachusetts on February 25, 1964, thence in a Southwesterly direction along said base-line to the southerly along property line of land court case #22262 to the continuing base-line; thence southerly along said base-line to the property line now or formerly of Florence Baldwin; thence southeasterly along said property line now or formerly of Florence Baldwin to the intersection of the common boundary of the Town of Lexington and the City of Waltham; thence in a Westerly z direction along such boundary to the westerly sideline of Spring Street; thence in a Northerly direction by said westerly sideline of Spring Street by the boundary s of the existing CR district; thence in a westerly, northerly and northwesterly direction by the boundary Q of the existing CR district to the southeasterly intersection of Route 128 and Route 2; thence in an A Easterly direction along Route 128 and Route 2 to the z point of beginning. ) Mr. Michelson asks that Attorney Hugh Mulligan be recognized. Permission granted. 11:28 P. NI. Mr. Mulligan speaks in favor of the article. 11:40 P. M. Evert Fowle reads excerpts of the Planning Board Report and states that the board unanimously opposes this article and recommends that the article be defeated. He submits the Planning Board Report which is placed on file. 0 11:45 P. H. After general discussion, the motion, as presented by Mr. Michelson, is declared lost by voice vote. 12:02 A. M. Article 108. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. 129 Article 109. Robert Cataldo moves that this article be indefinitely postponed, Carried Unanimously 12:02 A. M. Article 110. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. Article 111. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:02 A. M. Article 112. Robert Cataldo moves that this article be indefinitely postponed. Carried Unanimously 12:03 A. M. Robert Cataldo moves that the meeting be dissolved. Carried Unanimously 12:03 A. M. 34 u ?h ' Town Clerk SPECIAL ELECTION TOWN TOTING MEMBERS - PRECINCT SIX NAY 5, 1969 A vacancy exists in the town meeting membership in Precinct Six due to the resignation of Richard Best Blomfield effective March 27, 1969. Ordinarily, the person receiving the next highest _ number of votes at the Annual Election in March is automatically moved up to fill any vacancy. However, at the March 3, 1969 Annual Election there was a three-way tie in this particular position. John R. Holt, 52 Bellflower Street, James L. Jones, 45 Middle Street and Edwin M. Kellogg, 45 Forest Street, received 164 votes each. A Special Election for Town Meeting Members of Precinct Six only was held in the Town Clerkts Office, Town Office Building at 7:30 P.M. to determine who would fill this vacancy for a term ending in March 1970. The person receiving the next highest number of votes would fill any vacancy occurring before the 1970 Annual Town Election. John J. Maguire acted as Chairman of the meeting and James M. McLaughlin acted as Clerk. There were 22 Town Meeting Members from Precinct Six present. The result of the paper ballot voting is as follows: John R. Holt 9 James L. Jones 2 Edwin M. Kellogg 11 Total 22 Edwin M. Kellogg was duly elected as a Town Meeting Member from Precinct Six for a term ending March 1970. It will be in order for Mr. Holt and then Mr. Jones to fill the next two vacancies in Precinct Six, if any should occur before the 1970 annual election. r -7)/'i , l y gt.„ v / Town Clerk