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.
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Town Clerk