HomeMy WebLinkAbout1933-06-19-STM-min 36
June 19, 1933.
Special Meeting of Town Meeting Members of Precinct
Two for the purpose of electing a Town Meeting Member to complete
the unexpired term of the of the late Clarence H Cutler,vacancy
caused by death ,expiration of term, 1936.
All Town Meeting Members of Precinct Two were notified by
the Town Clerk of the time and meeting place for said election.
The meeting was called to order by the Town Clerk
at 7;45 o 'clock P.M. Estabrook Hall. There were twenty-nine
Town Meeting Members present from Precinct Two.
William R Greeley was duly nominated, seconded and elected
to serve as Chairman of the Meeting.
James J Carroll was duly nominated, seconded and elected
to serve as Clerk of the meeting.
The following names were offered for election;
William G Potter vualnut Street.
Alfred L Short - Waltham Street,
Clyde •E Steeves 50 Hilltop Ave.
The following tellers were appointed by the Chairman,
Dana Wrightington and Charles E Ferguson.
Ballots were distributed for voting , with the results
as follows;
William G Potter received fourteen votes.
Alfred L Short received six votes .
Clyde E Steeves received six votes.
William r- Potter was declared as being duly elected as
a Town Meeting Member of Precinct Two.
Motion was made and seconded to disolve the meeting at
eight olcldck P.M.
A True record;
Attest; //-
'Pr
_
T•wn C. -rk.
June 20, 1933.
To the Town Clerk;
As per your notification of my election as a
Town Meeting Member of Precinct Two of June 19, 1933, I here-
by accept said election.
William rT Potter.
37
SPECIAL TOWN PEEPING JUNE 19, 1933. •
Te meeting was_ called to order by the Moderator Robert H Holt,
at 8;12 P .M. , with 110 Town Meeting Members present.
Town Clerk, James J Carroll, proceeded with reading of the warrant,
until further reading of same was waived.
Selectman Mr. Trask under article 1 offered the following;
Voted; That a Committee of three be . appointed, by the Moderator,
one of which :shall be the Moderator, to arrahge a series of lectures
as provided by the wills of Eliza Cary Farnham and Suskiie-- Cary.
Carried unanimously 8;13 P.M.
Under artic11, the following report was offered by Mr.Rowse,
Chairman of Te Appropriation Committee;
The Appropriation Committee submits its report covering the follow-
ing Articles in the Town Warrant for the meeting on Monday,June 19,1933.
at 8 o 'Clock P ;Yi.
Article 2 . Approved $253.00
Article 3 . ApprOved 1107.81
Article 5 . Approved. Tc, be transferred from Sewer
Assessment Account to Sewer Construction Account 475.00
Article 6 . Approved. To be transferred from Water
Department Available Surplus Account , 392.54
Article 7 . Approved
Article 8 . Approved 1200.00
To be appropriated and assessed and 03150.
to be transferred from the Water Department Available
Surplus Account.
The above amounts cover Gleason Road from
No.Hancock Street to Dee Road a distance of approximately
500 feet, and Pine Knoll Road running parallel with the
Bedford Town Line in a northerly direction a distance of
approximately 1520, feet, and 0800 , to be appropriated
and assessed for installation in other streets where
emergency construction becomes necessary.
Article 10, Approved
Town. Clerk' s salary $1615.00
Town Treasurer' s salary 665.00
Collector of Taxes 1942.50
Article 14. Approved 1500.00
Article 17 . Approved lo,mosoo
Approved for Committee,
A E Rowse Jr,Chman,
Mr. Lamont makes motion which was seconded, that report of the
Appropriation Committee be accepted. Unanimous 8;16 P.M.
Selectman Mr. Trask moves to take up article 2.
Under Article 2, Selectman Mr. Ferguson, states , the Committee
appointed October 31, 1932, for the revision of the Pl=bins7. By-
Laws of the Town were ready to present their report.
Selectman Mr . Trask moves that article two be presented in three
Parts, (First) ,Voted that the Town accept the report of the Committee
on the Revision of the Plumbing By-Laws of the Town, appointed October
31,1932. unanius 8;20 P.M.
( Second)Voted, farther that the Plumbing By-Laws as presented by
said Committee be and the same hereby are adopted by the Town.
LuestiOn by M . W ft Greeley if said By-Las could not be read.
Reply same wee very lengthy , which would cqqs1.(mpconsider-
able time.
Discussion regarding printing and Publishing of same.
Suggestion by Mr.CE Hadley, that the reading of snme be post-
poned until after such time, that said By-Laws had been published
whereby all interested in the Town would have had an opportunity to
consider them.
( ihird) voted, that the sum of $253.00 be appropriated and
assessed for the purpose of printing and publishing said By-Laws .
Third part only unanimous 8;25 P.M.
•
38
Selectman Mr. Trask moved to take up orticle in two parts ;.s
follows ; Voted that the vote Passed at the annual Town Meetin
March 20,1933, aopropriating ;32,107 .81 for fire pensions be rescinded,
carried unanimous 8;26 P.M.
and further voted that the sum of '4,107.8_1 be appropriated and assess-
ed for the fire Pensions account. carried unanimous 8;26 P.M.
Under article 4, Selectman Mr. -rask offered the following vote;
Voted that the vote passed at the Town Meeting April 3, 1933,
authorizing the installation of a sewer in Bedford Street, from Shirley
Street northerly a distance of approximately 120 feet, be rescinded.
carried unanimoud 8;27 P.M.
Selectman Mr. Trask moved to take up article 5, offering the
following motion; Voted that the Selectmen be authorized to install
a sewer- in Bedford Street,from Tewksbury Street northerly a distance
of approximately 120 feet, carried unanimous 8;28 P .M.
and Voted that the Selectmen be authorized to install a sewer
in Pinewood Streett from Summit Road northwesterly a distance of
approximately 241 feet; and for the purpose of said- installation 475.
be transferred from the sewer assessment account to the sewer construc.4-
tion account. carried unanimous 8;29 P.M.
Selectman Mr. Trask moved to take up article 6, offering the
following; Voted that Sam Lippa of Lexington, Mass: be reimbursed
the sum of $392,54 for his rights in water pipe laid in Fottler Avenue
in the year 1921 and that the sum of 4392.54 be transferred from the
Water Department Available Surplus Account for said reimbursement.
carried unanimou 8;31 P .M.
Selectman Mr. Trask moved to take up article 7, offering the
following;Voted that the Selectmen be authorized to establish a new
account to be called Water Department Construction Assessments to
which will be credited the receipts from assessments for water depart-
ment construction where betterments are charged.
carried unanimous 8;35 P.M.
SelecLman Mr . Trask moved to take up article 3, offering the
following; Voted that the Board of Selectmen be authorized to install
water mains , not less than six inches in diameter and subject to the
usual guarantee or the assessment of betterments, and to take by
eminent do/pain the necessary easement therefor in the following streets ;
Gleason Road from North Hancock Street to Dee Road a distance of approx-
imately 500 feet end for the purpose of said construction and install-
tion of water mains the sum of $1200 . be appropriated and assessed,
carried unanimous 8;39 P.M.
and further voted; Pine Kisloll Road running parallel with the
Bedford Town Line in a northerly direction, a distance of approximately
1520 feet;and the sum of P,3,150 be transferred from the Water Depart-
ment Available Surplus Account,and further voted that the S"lectmen
be authorized and empowered to- install water mains in other streets
where emergency construction becomes necessary and for that purpose the
sum of c'.180(). is hereby appropriated and assessed.
Declared carried 8;41 P.M.
Above decision doubted, Moderator asking doubters to raise
hands, enough having raised their hands to warrant a rising vote,
the Moderator appointing the following tellers for counting;
In favor Opposed
19 Dr. Walsh 4
33 Mr. Merriam 17
16 Mr.H Webster 2
68 23 Carried 84.43 P .M.
The part concerning the 800. to be appropriated and assess-
ed , was carried unanimous at 8;45 P.M.
ISelectman Mr. Trask moved to take up article 9, at the same
time asking for indefinite postponeoment of this article , which was
carried unanimously at 8;46 P.M.
Selectman Mr. Trask moved to lake up article 10, offering the
following; Voted that the following salaries be fixed to conform with
the vote on salary reductidns passed March 20,1933, at the Town Meet-
ing as follows;
39
Town Clerk, salary . 1615.00
Town Treasurer, salary 665.00
Collector of Taxes salary 1942.50
carried unanimous 8;47 P.M.
Selectman Mr . Irask moves to take ao article 11.
The following vote was offered by Francis E Burke;
Voted that the Zoning By-Law and Zoing Map of the Town bf Lex- •
ington be nmended by changing from a C.1 District to an M.1 7,District
the following described parcel of land owned by Robert L Innis and
Dougal McLennan, namely;
Beginning at a point in the southeasterly line of Grant Street,
said point being northeasterly and distant about 158 feet from the
northeasterly exterior line of Massachusetts Avenue, thence north-
easterly by said line of Grant Street distant 142.7 feet, thence
southeasterly by land of Boston and Lowell Railroad Corporation dis-
tant 139.4 feet , thence southwesterly by land of Town of Lexington
distant 138.5 feet, thence northwesterly by land of Caroline A
Harrington distant 140 feet to point of beginning.
Exnlahations and reasons given by Mr. Burke why change should be
made.
J.Heiry Duffy , Chairman of The Planning Board offered and read
the following report;
In the matter of the petition of tne A P Davis Ice Company
(Robert L Innis ) asking that the Zoning Law be amended so that the
status of the land of the Company on the southeasterly side of Grant
-Street,abatting lands of the Boston and Maine Railroad, own of Lex-
ington, and Caroline A Harrington may be changed from a C-1 to an M-1
District, the Planning Board as required by law held a hearing in the
Selectmen' s Room, June 5-1933, and reports to the town as follows ;
The petitioner stated at the hearing that in the event the
town votes to change the status of this parcel of land from a C.-1 or
business district to an M-1 or manufacturing district, he purposes
building an artificial ice making plant With an initial daily capacity
of 25 tons , with accomodations capable of materially increasing this
capacity should the circumstances require it.
The plans presented by the petitioner contemplate the removal
of the present wooden buildings and the erection of a brick building
abutting Grant Street to accomodate the ice making machinery and various
storage and loading areas.
Mr. Innis stated at the hearing that he was a citizen of
Billerica where he conducts an ice business similar to that in Lex-
ington on Grant Street, where natural ice is hauled from the railroad
to the premises, stored, reloaded on trucks and distributed to the trade.
Under the plan proposed, artificial ice would be manufactured
by the mechanical conversion by compression of a large quantity of
amonia, a colorless, pungent, suffocating gas , and then its reconversion,
in recurring cycles of compression and expansion until consumed in the
process.In the maini, tee machinery would be operated by electricity.
While under the plans presented modern methods would be em-
ployed and recognized safeguards adopted to guard aainst the escape
of the noxious gas developed in the process, the industry is regarded
by the courts as of the so-called heavy" industry and under or present •
zoning law the Board doubts as to whether, should the town vote to
change the area from a C-1 to an M-1 district, the business of artificial
ice manufacturing could be lawfully conducted therein, since in M-1
Districts light manufacturing only may be conducted.
Wholly apart from this, should the town act favorably upon the
petition, there would be created in this centrally located parcel of re-
latively small area a district in which there would be permitted any
of the uses customarily allowed in M-1 Districts .
The town has already established two relatively large districts
for manufacturing, one located in East Lexington abutting the railroad
on the northeast side and extendingg a considerable distance towards the
centre of the town the other being in North Lexington adjoining the
railroad on the. northeast side near Westview Street.
The Board understands from the statements of the petitioner that
the elements of haulage are not serious factors -in the conduct of the
-artificial ice business and would infer that the location of a plant
- in either of the manufacturing districts now established introduces no
serious objections in so far as the factor of distance is concerned.
In view of all the circumstances , the Board is of the opinion
and so recommends to the town that the petition be not granted,chiefly
for the following reasons ;
40 0-1
1- The granting of petitions -amending the Zoning Laws so as to
permit in isolated areas of relatively small extent,uses separate and
distinct from those in adjoining areas will in the long run develop
into "Spot" zoning, resulting in the ultimate instability of and de-
preciation
of property values.
2 . The Y-1,, or manufacturing districts already established and
at present not used for these purposes are, in the opinion of the Board,
of ample size and conveniently located for enterprises of this charact-
er to accommodate the needs of the town for many years and for these
reasons we do not favor the creation of other districts of similar
character.
Respectfully submitted;
J. Henry Duffy
Wnj.h Milne
Edward W Kimball
C.E. Glynn
June 19-1933. Sheldon A Robinson.
Mr . BurkeTs motion as presented was placed before the meeting,
the following tellers having been appointed by the Moderator for count-
ing with the following result;
In favor . Opposed.
10 Schofield 8
27 Merriam 25
8 Webster 14
-- •
45 47 rieclared lost 8; 58 P.M.
Selectman Mr . Trask moves to take up article 12, offering the
following; Voted that the town convey to Charles R Joy, in consider-
ation of the simultaneous conveyance by him to the town of parcel
No.2 on the Plan hereinafter referred to, the following described
parcels of land in that part of Lexington known as East Lexington
and bounded and described as follows ;
Parcel No 1. Beginning at a stone bound near Sickle Brook thence
northwesterly distant al. 00 feet to a stone bound, thence northwester-
ly distant 136.00 feet to a stone bound, thence northwesterly distant
30.00 feet to a stone bound, thence northwesterly distant 52 .80 feet
to a stone bound, thence northwesterly distant 40.30 feet. to a point,
thence southeasterly by two Courses distant about 267 feet to a
noint, thence southwesterly distant about 4 feet to the point of be-
ginning, containing about 864 square feet.-
Parcel No.3. Beginning at a stone post said stone post being
105.01 feet norteasterly of the northeasterly line of Massachusetts
Avenue, thence northeasterly distant 23050 feet to a point, thence
southeasterly distant 22.80 feet to a point, thence northeasterly
distant about 13 feet to a point, thence northwesterly distant about
31 feet to a point, thence southwesterly distant 29. 35 feet to the
point of beginning, containing about 534 square feet.
The said two parcels are shorn as Parcel No.1 and Parcel No.3
on a plan entitled 'Plan showing relocation of playground pro-
perty line, Lexington, Mass .Mayl,i933, John T Cosgrove, Town Engineer;
the officer in charge thereof having notified the Selectmen that in
his opinion such land is no longer required for public purposes .
carried unanimous 9;01 P .M.
Further voted; That the Board of Selectmen or a majority of them
be and they hereby are authorized and directed in the name of and on
behalf of the Town to execute and deliver a deed thereof to -toe said
Charles R Joy. carried unanimous 9;02 P.M.
Selectman lip . Trask moves to take up article 13, offering the
following; Voted that the Town accept from Charles R Joy a convey-
ance of land described as parcel 2 on a " Plan showing relocation of
Playground property line ,Lexington, Mass. May 1,1933, John T
Cosgrove, Town Engineer. "
carried unanimous 9;03 P.M.
Selectman Yr . Trask moves to take up article 14,offering the
following; Voted that the sum of $1500.be appropri4ted and assess-
ed for the foreclosure and redemption of Tax Titles held by the Town.
Carried unanimous 9;04 P .M.
Selectman Mr . Trask moves to take p article 15, offering the
following; Voted that this article be indefinitely postponed.
Carried unanimous 9;05 P.M.
41
Selectman Mr. Trask moves to take up article 16, offering the follow-
ing; Voted that the Code of 3y-Laws of 1922 be amended by adding at the
end of Article V1 the following;
" Section 8. Any board or officer in charge of a department may,
with the approval of the Selectmen, sell any personal Property or material
for that department bi4 no longer required by it and not exceeding three
hundred dollars in value. " carried unanimous 9;07 P .M.
Selectman Mr . Trask moves to take up article 17, offering the
follawing; Voted t at the sum of 0_0,000 be appropriated and assessed
for the Welfare Department, carried unanimous .c. ;10 P .M.
- - Selectman Mr. Trask moves the meeting be disolved,
unanimous 9; 11 PM.
A true, record ; Attest;
'awn
TOWN WARRANT
Commonwealth of Massachusetts- • , Middlesex, ss.
To either of the Constables of the Town of Lexington, in said County,
Grootig:
In the name of the Commonwealth of Massachusetts, you are directed
to notify the inhabitants of the Town of Le- n6Lon, qualified to vote
in elections and in town affairs, to meet in the Cary Memorial
Building, in said Lexington, on Monday, the fourteenth day of August,
1933, at 8 :00 P. M., then and there to act on the following articles;
Article 1. To receive the report of any Board of Town Officers or of
any Committee of the Town, and to appoint other Committees.
Article 2. To see if the Town will vote to name Stedman Road, the
street beginning at a point in Allen Street, said point being easterly
and distant 400 feet from Waltham Street and running in P northerly
direction toward. Marrett -Road (formerly known as Middle Street ) .
Article 3. To see if the Town will vote to transfer the balance of the
account Yew Headquarters Fire Station, Architects' Plans and.
Contractors' Bids, to the 7-rcess and. Deficiency Account.
Article 4. To see if the Town will authorize the Selectmen to take by
eminent domain the necessary easement for the construction of a trar1-7.
line sewer in approximately the following
Beginning at the Arlington-Lexington boundary line at the
terminus of the new Metropolitan District Sewer on or
near the property of the Boston and Maine Railroad and
running just easterly of said railroad and in general
parallel therewith, crossing Bow Street and Bottler Avenue
andextendingto intercept the present outfall sewer, P
distance of ar,D;97oxinlately 3800 feet ,
to a width of twenty feet on each side of the said location.
Article 5. To see if the Town will accept the re-port of the Committee
on the Revision of the I?lunbfns "By-Laws of the Iowa, appointed October
31, 1932, adopt the by-l57:s on -;'7urfoinE-, sutstanta'lv as printed. in
46
Lexington, Mass.August 8, 1933.
Amendment to By-Laws Adopted at Town Meeting
June 19, 1933.
Article 16 . To see if the Town will vote to amend the Code of
By-Laws of 1922 by adding at the end of Article V1 the
following; "Section 8. Any board or officer in charge of a
department may, with the approval of the Selectmen, sell any
personal property or material purchased for that department '
but no longer required by it and not exceeding three hundred
dollars in. value."
Article 16. Voted: "Section 8. Any board or officer in charge of
a department may, with the approval of the Selectmen, sell
any personal property or material for tbatdepartment but no
longer required by it and not exceeding three hundred dollars
in value."
Carried unanimous 9 :07 P. M.
I hereby certify that the foregoing is a true- copy of
Article 16 of the Warrant for a Town Meeting held June 19, 1933,
and the vote passed under said article as the same appears of
record. _
Attest :
James J. Carroll.
Tot n Clerk.
Boston, Mass. , August 11, 1933
The within amendment to by-laws is hereby approved.
Joseph E. warner,
Attorney General.
Lexington, Mass. :larch 21, 1933
Votes as passed under articles 12 and 13 of Town .-leeting, held
March 20, 1933, Lexington, Mass .
Art . 12 . Voted: ' That the town rescind its vote of June 20, 1932
amending Article V111 of the Code of By-Laws of 1922
T
Carried unanimously 9 :25 P .11.
N Art . 15. Voted: That the town amend Article V111 of tn e Code of
, , By-Laws of 1922 by adding17. at the end thereof the following :
"Section 2 . The Provisions of Sect;on 1 shall not apply to
any extension of water ma _ns made in adcordaneewith General
.
Laws , Chapter 80 with respect to the assessment
OTS
Carried unanimously 9 :27 P .N.
I hereby certify that the foregoing is a true copy of Articles
12 and. 13 of the ;arrant for a Tow:^:n Meetin< held T rch 20, 1933,
and of the votes Passed alder said articles as the same appears
of record.
Attest:
James J. Carroll
- own Clerk
Boston, lass. , March 28, 1933
The f ore7oine by-Taw is hereby approved
Joseph E. Warner
---
Attorney General