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HomeMy WebLinkAbout1938-03-21 to 1938-03-28-ATM-min 406 E5 FIRST ADJOURNED TOWN MEETING OF THE ANIMAL TOWN MEETING N T,D MONDAY, MARCH 21, 1938 The meeting was called to order at 8 :12 P.M. by the Moderator, Robert H. Holt.. There were 193 Town Meeting Members present. The Town Clerk, James J. Carroll, read the warrant for a Special Town Meeting to be held March 21, 1938 until upon motion, duly seconded and voted, further reading of the warrant was waived. The Town Clerk read the Constable' s return of the warrant, Selectman Archibald R. Giroux moves to take up Article 2, offering the following: Article 2. Voted: That a committee of three be appointed, of which the Moderator shall be a member, to have charge of the Cary Lectures for the next lecture season, Carried Unanimous 8 :16 P.M. Selectman Archibald R. Giroux asks permission for John W. Raymond, Jr, to have a seat in the meeting,. Supt, of Public Works, Permission granted. Allen W. Rucker, Chairman of the Appropriation Cornm;ttee, presents report of the Appropriation Committee with remarks con- cerning same. Selectman Archibald R. Giroux expresses the opinion of the Board of Selectmen regarding various items in the Appropriation Committee° s report. Motion made by Allen W. Rucker, Chairman of the Appropriation Committee, that report as presented be accepted ana placed on file, Carried Unanimous 8 :28 P.M. Selectman Archibald R. Giroux moves to take up Article 3, making a motion that Article 3 be indefinitely postponed. Carried Unanimous 8 :29 P.M. Selectman Archibald R. Giroux moves to take up Article 4, offering the following: Article 4. Voted : That the Town Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1939, and to issue a note or notes therefor, payable within one year and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws, Carried Unanimous 8 :29 P, , Selectman Archibald R. Giroux moves to take up Article 5, offering the following: Article 5, Voted: That the mown Treasurer, with the approval of the Selectmen, be and hereby is authorized to refund any or all of the revenue notes issued in anticipation of the revenue of the year 1938, in accordance with the provisions of Section 17, Chapter 44, General Laws ; any debt so incurred to be paid from the revenue of the year 1938, Carried Unanimous 8 :30 P.M. 401 Selectman Archibald R. Giroux moves to take up Article 6, offering each item individually, and voted in manner, as follows : Appropriation Committee Personal Services 4335.00 Expenses 585.00 Carried Unanimous 8 :34 P.M. Selectmen' s Department Personal Services 3046.34 Expenses 2011.00 Allen W. Rucker, Chairman of the Appropriation Committee, offers the following amendment that Personal Services be reduced from 43,046.34 to read 42, 967.34. Amendment as presented carried 8 :35 P.M. The Moderator presented the following, under Select- men' s Department : Personal Services 2967,34 Expenses 2011.00 As presented by the Moderator, carried 8 :35 P.M. Accounting Department Personal Services 4400,00 Expenses 350,00 Carried Unanimous 8 :35 P.M. Treasurer' s Department Personal Services (including salary of Treasurer, 41, 000.00) 1392,00 Expenses 435.25 Carried Unanimous 8 :35 p • • Other Finance Offices and Accounts Expenses 200.00 Carried Unanimous 8 :35 P.M. • Collector' s Department Personal Services (including salary of Collector, 42850.00) 5030, 00 Expenses 1620,00 Carried Unanimous 8 :35 P.M. Assessor' s Department Personal Services 5327,00 Expenses 725.00 Carried Unanimous 8 :35 P.M. Law Department Personal Services and Special Fees 2850.00 Expenses 500,00 Carried Unanimous 8 :35 P.M. Town Clerk' s Department Personal Services (including salary of Town Clerk, 41800.00) 2192,00 Expenses 180,00 Carried Unanimous 8 :35 P.M. Elections. Expenses 1610,00 Carried Unanimous 8 :35 P.M. Registration of Voters Personal Services 300,00 Expenses 416,00 Carried Unanimous 8 :36 P.M. • 402 Public Works - Superintendent' s Office Personal Services $55.95,00 Expenses 305,00 Amendm-mt offered by Allen W. Rucker, Chairman of the Appropriation Committee, as follows : Personal Services be reduced from $5, 595,00 to read $5,495,00. Amendment as presented carried 8 :40 P.M. The Moderator presented the following under Public Works - Superintendent' s Office : Personal Services 5495,00 Expenses 305.00 As presented by the Moderator, carried 8 :40 P.M. Town Offices & Cary Memorial Building Personal Services 3261.00 Expenses 6825.00 Selectman A. Edward Rowse offers the following amendment : That Expenses be reduced to read $5„825,00. Amendment as presented put to a vote. The Moderator states unable to make a decision by voice vote, calling for standing vote, which resulted as follows : To reduce original figure from $6,825,00 to $5,825.00, In Favor Tellers Opposed 20 George W. Sarano 19 57 Walter E. Sands 50 11- Eugene G. Kraetzer 19 88 88 The result being a tie vote, the Moderator declared the amendment lost - 8 :50 P.M. The Moderator presented the following : Town Offices & Cary Memorial Building Personal Services 3261,00 Expenses 6825,00 Carried 8 :50 P.M. Engineering Department Personal Services 12873,54 (Of which $1300,00 is to be transferred from the Vine Brook Engineering Account, and $11, 573.54 is to be raised from the revenue of the current year. ) Expenses 850,00 Carried Unanimous 8 :53 P.M. Planning Board Expenses 250,00 Carried Unanimous 8 :53 P.M. Board of Appeals Expenses 200.00 Carried Unanimous 8 :53 P.M. Police Department Personal Services 37403.82 Expenses 3700,00 Carried Unanimous 8 :54 P.M. Fire Department Personal Services 36-262.25 Expenses 6953.75 Carried Unanimous 8 :54 P.M. rue Building Department Personal Services $1100,00 Expenses 120,00 Carried Unanimous 8 :54 P.M. Wire Department Personal Services 600,00 Expenses 100.00 Carried Unanimous 8 :54 P.M. Weights & Measures Department Personal Services 500,00 Expenses 100,00 Allen W. Rucker, Chairman of the Appropriation Com- mittee, offers amendment, the amount of expenses be re- duced from $100,00 to X50,00. Amendment carried - 8 :57 P.M. The Moderator offers the following: Weights and Measures Department Personal Services 500,00 Expenses 50,00 Carried 8 :58 P.M. Shade Trees Wages & Expenses 3365.00 Allen W. :Rucker, Chairman of the Appropriation Com- mittee, offers amendment as follows : Amount of wages & expenses be reduced from 43, 365,00 to $2,450.00, Amendment Carried 9 :00 P.M. The Moderator offers the following: Shade Trees Wages and Expenses 2450,00 Carried 9 :01 P,M, Forest Fires Personal Services 200,00 Wages & Expenses 1200,00 Carried Unanimous 9 :01 P.M. Dog Officer Personal Services 100,00 Carried Unanimous 9 :01 P.M. Health Department Personal Services 500,00 Expenses 5500,00 Carried Unanimous 9 :01 P.M. Dog Clinic Expenses 350.00 Carried Unanimous 9 :01 P.M. Dental Clinic Personal Services 1750,00 Expenses 100,00 Carried Unanimous 9 :01 P.M. Posture Clinic Expenses 625,00 Carried Unanimous 9 :01 P.M. Vital Statistics Expenses 50,00 Carried Unanimous 9 :01 P.M. Animal Inspection Personal Services 500,00 Carried Unanimous 9 :02 P,M, 404 tn Slaughtering Inspection Personal Services $800.00 Carried Unanimous 9 :02 P.M. Plumbing Inspection Personal Services 800.00 Expenses 85.00 Carried Unanimous 9 :02 P.M. Sewer Maintenance Personal Services 1105.75 Wages & Expenses 4710,00 (Of which $1600.00 is to be transferred from the Sewer Assessment Fund, and $3110.00 is to be raised from the revenue of the current year) . Carried Unanimous 9 :03 P.M. Sewer Services Wages & Expenses 1550,00 Carried Unanimous 9 :03 P.M. Care of Dumps & Removal of Ashes Expenses 1900.00 Carried Unanimous 9 :03 P.M. Garbage Collection Expenses 4205.00 Carried Unanimous 9 :03 P.M. Highway Maintenance Personal Services 5416.00 Wages & Expenses 42210.00 Pllen W. Rucker, Chairman of the Appropriation Com- mittee, offers the following amendment : That the amount of $42, 210.00 for wages and expenses be reduced to 436, 000.00. Amendment carried 9 :05 P.M. The Moderator presents the following: Highway Maintenance Personal Services 5416,00 Wages & Expenses 36000,00 Carried 9 :06 P.M. Snow Removal Wages & Expenses 18000,00 Carried Unanimous 9 :06 P.M. Traffic Regulation & Control Wages & Expenses 1900,00 Carried Unanimous 9 :06 P.M. Street Lights Expenses 22840,00 Carried Unanimous 9 :06 P.M. Street Signs Wages & Expenses 550.00 Carried Unanimous 9 :07 P.M. Highway Department Road Machinery Account 7500.00 (Of which $7100.00 is to be transferred from the Road Machinery Fund and $400.00 is to be raised from the revenue of the current year. ) Carried 9 :09 2.1% 405 Public Welfare Personal Services 07995.00 Aid & Expenses 72905.00 Aid to Dependent Children Aid & Expenses 7000,00 Old Age Assistance Aid & Expenses 20000.00 The above voted separately and carried 9 :11 P.M. Town Physician Personal Services 750,00 Carried Unanimous 9 :12 P.M. State Aid. Cash Grants 500,00 Carried. Unanimous 9 :13 P.M. Military Aid Cash Grants 1000,00 Carried Unanimous 9 :14 P.M. 4014-let' s Burials Expenses 100.00 • Carried Unanimous 9 :14 P.M. Soldier' s Relief Aid & Expenses 6000,00 Carried Unanimous 9 :14 P.M. Under School Maintenance, Randall B. Houghton, Chairman of School Committee, presented the following: VOTED, That the sum of 4232, 534.46 be appropriated and assessed for the support of the Public SChools for the current year of which 4192,680.56 is for Personal Serviaes and 439,853.90 is for Other Expenses, Carried Unanimous 9 :15 P.M. School Department Americanization Classes Expenses Randall B. Houghton, Chairman of School Comnittee, offered the following: VOTED, That the sum of 4200.00 be appropriated and assessed for the maintenance of classes for instruction in Americanization. Carried 9 :15 P.M. School Depattment Vocational Tuition Expenses Randall B. Houghton, Chairman of School Committee, offered the following: VOTED, That the sum of 41,430.40 be appropriated and assessed for the payment of tuition of pupils attending Voca- tional School, Carried 9 :15 P.M. Cary Memorial Library and Branch The following offered by Randall B. Houghton: Voted: That the sum of 412, 381.53 be appropriated and assessed for the support of Cary Memorial Library and Branch for the current year, of which 49,635.00 is for Personal Services, and 42, 746.53 for Other Expenses, Carried 9 :16 P,M, 406 CP Parks & Playgrounds Personal Services 4, 029,00 Wages & Expenses 10, 000.00 Allen W. Rucker, Chairman of Appropriation Committee, offers following amendment : That amount of personal ser- vices be reduced to 43,756.00. Amendment carried 9 :19 P.M. The Moderator offers the following : Parks & Playgrounds Personal Services 3, 756 ,00 Wages & Expenses 10,000.00 Carried 9 :20 P.'4. Memorial Day Expenses 250,00 Carried Unpnimous 9 :20 P.M. Patriot' s Day Expenses -500.00 Carried Unanimous 9 :20 P.M. Administration of Trust Funds Expenses 70,00 Carried Unanimous 9 :20 P.M. Town Report. Expenses 1166,78 Carried Unanimous 9 :20 P.M. Public Works Building Wages & Expenses 8529,00 Allen W. Rucker, Chairman of Appropriation Com- mittee, offers following amendment : That amount for wages & expenses be reduced to 48, 379.00. Amendment carried 9 :23 P.M. The Moderator presents the following: Public Works Building Wages & Expenses 8379.00 Carried 9 :23 P.M. Insurance 6640.00 Carried Unanimous 9 :23 P.M. Unclassified Expenses 300.00 Carried Unanimous 9 :23 P.M. Water Maintenance Personal Services 4246,01 Expenses 55300.00 And Further Voted That the amount of receipts in excess of this appropriation and the appro- priation for Water Maintenance Replacements and Water Services shall be reserved to be appropri- ated for Water Department purposes, Discussion regarding that part of the vote, reading: And Further Voted: , etc. Decision by the Moderator, that part of the Article be left open, until later for further explanation, under Water Maintenance. 9 :30 P.M. Water Maintenance - Replacements Expenses 1250,00 Carried Unanimous 9 :31 P.M. 407 Water Services Wages & Expenses $5000,00 Carried Unanimous 9 :31 P,M, Cemetery Maintenance - Munroe Personal Services 250.00 Wages & Expenses 1911,80 Carried Unanimous 9 :31 P.M. Cemetery Maintenance - Westview Personal Services 450.00 Wages & Expenses 2800,80 (Of which 42,000,00 is to be transferred from the Westview Cemetery Sale of Lots Fund, and $800,80 is to be raised from the revenue of the current year. ) Carried Unanimous 9 :32 P.M. Interest on Debt Expenses 12,136.25 Carried Unanimous 9 :32 P.M. Maturing Debt 101,893,08 (4f which 435, 000,00 is to be transferred from the Excess and Deficiency Account, and 466,893,08 is to be raised from the revenue of the current year) . Carried Unanimous 9 :32 P,M, Selectman Archibald R. Giroux moves to take up Article 7, offering the following: Article 7, Voted: That the following sums be transferred to the Excess and Deficiency Account : Highway Construction-Lincoln Street-1936 Contract $24,24 ' Highway Construction - Reed Street 2,04 Highway Construction-Watertown Street 196Contract ,08 Capt, Parker Monument Repairs 80,00 Town Meeting Map X75 Public Works Building - Special Equipment 5.00 Highway Department Curbing - Sundry Streets 35.35 Carried 9 :34 P.M. Selectman Archibald R. Giroux moves to take up Article 8, offering the followirg: Article 8, Voted: That the Board of Selectmen be authorized to sell and convey any of the real estate acquired by the Town by foreclosure of tax titles, upon such terms and conditions as they may approve. Carried 9 :35 P.M. • Selectman Archibald R. Giroux states Article 9 to be acted upon later, Selectman Archibald R. Giroux moves to take up Article 10, offering the following: Article 10. Voted: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1938. Carried 9 :35 P.M. Selectman Archibald R. Giroux moves to take up Article 11, offering the following: Article 11, Voted: That the sum of 41453,47, this being the sum received from the Middlesex County for dog fees, be transferred to the Cary Memorial Library Expense Account, Carried 9 :36 P.M. 408 Selectmen Archibald. R. Giroux moves to take up Article 12, offering the following: Article 12. Voted: That the sum of $4745,00 be appropriated and assessed for the Suppression of Gypsy and Brown Tail Moths, and other pests, in accordance with Chapter 132, General Laws and amendments , to be expended as follows : Personal Services, 4300,00; Wages and Expenses, 43545.00; and New Equipment, 4900.00, Allen W. Rucker, Cliairman of Appropriation Committee, moves that vote be amended to read 42729,00 be appropriated, to be made up as follows : Personal Services $300.00 Wages & Expenses 2429 ,00 with no appropriation for new equipment. Standing vote on amendment taken as follows : In Favor Tellers Opposed 19 George W. Sarano 18 53 Walter E. Sands 54 5 ' :ene G. Kraetzer 29 • 77 101 Amendment lost 9 :43 P.M. Original motion as originally presented by the Moderator, carried 9 :44 P.M. Selectman Archibald R. Giroux moves to take up Article 13, presenting the following: Article 13, Voted : That the sum of 45394.92, this being the Town' s share of the net cost of care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, including interest on temporary notes issued therefor, be and the said sum is hereby appropriated. Carried 9 :45 P.M. Selectman Archibald R. Giroux moves to take up Article 14, presenting the following: Article 14. WHEREAS the town has been assessed the sum of 48230.94 for its proportion pf the cost of making alterations and constructing additions in and to the Middlesex Comity Tuberculosis Hospital tinder Chapter 417 of the Acts of 1935, as amended by Chapter 205 of the Acts of 1937 ; NOW THMEFORE, BE IT VOTED: That the sum of 4730.94 be and it hereby is appropriated for the purpose of paying in part the assessment made on the town for its proportion of the cost of making alterations in and to Middlesex County Tuberculosis Hospital under Chapter 417 of the Acts of 1935, as amended, and that said sum of 4730.94 hereby appropriated be raised in this year' s tax levy; That the town hereby elects that 475Q0.00 of the assessment made on the town under Chapter 417 of the Acts of 1935, as amended, shall be funded through the issue of bonds or notes of the County of Middlesex, as authorized by said Chapter 417, as amended, and that the assessments to be here- after made upon the town on account of such funding loan shall be payable by it over a term of fifteen 409 years ; and that the town clerk be and hereby is directed to file with the Middlesex County Commissioners promptly, and in any event not later tliar April 15, 1938, the election of the town to fund 47500.00 of its said assessment in the manner and for the term hereby voted, which election shall be evidenced by filing with said county Commissioners a certified copy of this vote ; and that the town clerk is also directed to file with said County Commissioners a certified copy of the warrant for this town meeting, and of the return of service thereof, and any other papers requested by said County Commissioners. Carried Unanimous 9 :50 P.M. Selectman Archibald R. Giroux moves to take up Article 15. Randall B. Houghton moves Article 15 be indefinitely postponed. Carried 9 :50 P.M. Selectman Archibald R. Giroux moves Article 16 be indefinitely postponed. 9 :51 P.M. Selectman Archibald R. Giroux moves Article 17 be indefinitely postponed, ' 9 :52 P.M. Selectman Archibald R. Giroux moves to take up Article 18, offering the following: Article 18. Voted: That the following sums be appropriated and assessed for pensions for retired members of the Police and. Fire Departments, under Chapter 32 of the General Laws and amendments : Fire Pensions 41107.81 Police Pensions 2220,00 Question by Eugene T. Buckley, under Police Pensions, what 42, 220.00 represented, Answered by Selectman Archibald R. Giroux provision allowed for the retirement of the Chief of Police. Original vote as presented, carried 9 :53 P.M. *electmen Archibald R. Giroux moves to take up Article 19, offering the rollowing: Article 19, Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1938 in accord- ance with authority contained in the By-Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of 42500.00 be appropriated, this money to be provided, by the transfer of 41400.00 from the Water Assessment Fund, and the transfer of 41100.00 from the Water Department Available Surplus Account. Carried 9 :53 P.M. Selectman Archibald R. Giroux moves to take up Article 40, offering the following: Article 40, Voted: That the Selectmen be authorized to install water mains not less than 6" and not more than 16" in diameter in the following streets : Cottage Street , from Woburn Street to Woburn Street, a distance of approximately 850 feet ; East Street, from near Vine Brook to the Doran prop- erty, a distance of approximately 850 feet ; and in such other streets as the Selectmen may deter- mine, and for this purpose the sum of 86600, be appro- priated, this money to be provided by the transfer of 46600.00 from the Water Department Available Surplus • Account, Carried9 :55 ( 410 Selectman Archibald R. Giroux moves to take up Article 20, offering the following: Article 20. Voted: That the Selectmen be authorized to install - sewer mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accord- ance with St. 1897, Ch. 504, as amended, or other- wise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $1, 000. be appropriated and transferred from the Sewer Assessment Fund, Carried 9 :55 P.M. Selectmai, Archibald R. Giroux states Article 21 to be acted upon later. Selectman Archibald R. Giroux moves to take up Article 22, offering the following : Article 22, Voted: That the sum of $3,000.00 be appropriated and assessed for highway maintenance; said sum, or any portion thereof to be expended under the direc- tion of the Selectmen and to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose, under Chapter 90 of the General Laws, - Carried 9 :57 P.M. Selectman Archibald R. Giroux moves to take up Article 23, offering the following: Article 23. Voted: That the Town raise and appropriate the sum of $5,000,00 for the improvement of Bedford Street ; said sum or any portion thereof, to be expended under the direction of the Selectmen and to be used ' in conjunction with any money which may be allotted by the State or County, or both, for this purpose, under Chapter 90 of the General Laws, Carried 10:00 P.M. Selectman Archibald R. Giroux states Articles 24, 25 and 26 to be acted upon later. Selectman Archibald R. Giroux moves to take up Article 44, offering the following: Article 44. Voted: That the Selectmen be authorized to construct Charles Street from Massachusetts Avenue to Taft Avenue, a distance of approximately 800 feet, and for the purpose of said construction the sum of $11, 000.00 be appropriated and assessed. Declared lost, Decision doubted, Standing vote taken as follows : In Favor Tellers Opposed 14 George W. Sarano 17 70 Walter E. Sands 26 23 Eugene G. Kraetzer 6 107 49 Carried 10 :12 P.M. Selectman Archibald R. Giroux moves to take up Article 45, offering the following : Article 45, Voted: That the Selectmen be authorized to con- struct Hibbert Str\et from Massachusetts Avenue southwesterly, a distance of approximately 230 feet , and for the Purpose of said construction the sum of $600.00 be appropriated and assessed. Carried,,10:12 P,M, 411 Selectman Archibald R. Giroux moves to take up Article 46, offering the following: Article 46, Voted: That the sum of 41,000.00 be appropriated for the Development of a Loam Supply, said money to be expended under the direction of the Board of Selectmen. Carried 10:21 P.M. Selectman Archibald R. Giroux moves to take up Article 39, offering the following: Article 39, Voted: That the Selectmen be authorized to construct granolithic or bitnninous concrete sidewalks where the abutting owner pays one-half the cost, and for the purpose of said construction the sum of 41, 000.00 be appropriated and assessed. Carried 10 :22 P.M. Selectman Archibald R. Giroux loves to take up Article 27, offering the following: Article 27, Voted: That the sum of 420,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the spine to be expended by the Selectmen for aid to persons employed on various projects, Allen W. Rucker, Chairman of Appropriation Committee, moves to amend the sum be 410, 000.00. General discussion, Motion to amend to 410,000.00 declared lost 10:47 The Moderator presented original motion, as presented, de- clared carried 10 :47 P.M. ArtopzIi;Hutchinson makes motion to take up Article 36, Motion lost 10:47 2.M. Motion made and seconded meeting be adjourned for one week, Monday, March 28, 1938 , when uncompleted articles of both warrants will be considered and to be acted upon, Carried Unanimous 10:50 P.M. A True Record, At .441110P, own Ole/ 412 BCH 21, 1938 Special meeting of the Town Meeting Members of Precinct Two for the purpose of electing a Town. Meeting Member to fill vacancy of tern of Ashley W:,' Partridge, ending in March 1939.. Meeting called to order at 7:'50 P.M. by Toma Clerk, James J. Carroll. There were twenty-seven Town Meeting Members present. James J. Carroll asked for nominations from the floor for a Chairman for the meeting. The name of James J. Carroll was presented, seconded, and duly declared elected. Nominations from the floor for a Clerk for the meeting. The name of Alan a. Adams was presented, seconded and duly elected as clerk. Nominations from the floor were made for a Town Meeting Member, term ending March 1939 . The name of Mr. Kilgour nominated by Sydney R. Wrightington. Mr. Robert F. Eldridge states Yr. Kilgour not desirous of becoming Tomn Meeting Member at this time. Name of Mr. Kilgour withdrawn by Yr. Sydney R. Wrightington. Nomination made of Roy C. Peterson of 27 Blossom Street duly seconded. Nominations declared closed upon motion, and Roy C. Peterson declared elected by unanimous vote. Motion made, seconded and voted meeting be closed. Unan- mous 7:.55 P.M. Alan U. Adams Clerk Lexington, Mass. March 22, 1938 To the Town Clerk: I, Roy C. Peterson, of 27 Blossom Street, do hereby accept my election as a Town Meeting Member of Precinct Two, term ending March 1939. Roy C. Peterson — 413 MARCH 21, 1938 Special meeting of Toren. Meeting Members of Precinct Three, for the purpose of electing a Town Meeting Member to fill vacancy of term of Merle E. Judkins, ending in March 1940 . Meeting called to order at 8:58 P.M. by Town Clerk, James J. Carroll. There were forty-three Town. Meeting Members present. James J. Carroll asked for nominations from the floor for a Chairman for the meeting. The name of James J. Carroll was presented, seconded and so voted to act as Chairman. Nominations from the floor for a Clerk for the meeting. The name of George M. Davis was presented, seconded and duly elected as Clerk. Nominations from the floor made and seconded of Clifford M. Martin,_6 hillside Terrace, Norman A. Downs, 11 Edgewood Road. Moved nominations be closed and so voted. George M. Davis and 'Walter E. Sands served as tellers, passing out and collecting ballots for the election. The result of the ballots as counted by the tellers was: Clifford M. Martin 27 Norman A. Downs 16 43 Clifford Y. Martin being elected. Moved, seconded and a unanimous vote meeting be closed. 8:05 P.M. George M. Davis Clerk Lexington, Mas s. March 22, 1938 To the Town Clerk: I, Clifford M. Martin, of 6 Hillside Terrace, do hereby accept my election as a Town Meeting Member of Precinct Three, term ending March 1940. Clifford H. Martin 414 SECOND ADJOURM a) TOWN MEETING OF TIDE ANNUAL TOWN MEETING } LD LARCH 28, 1938 Meeting called to order by the Moderator, Robert H. Holt, at 8:08 P.M. There were 173 Town Meeting Members present. Selectman Archibald R. Giroux moves to take up that part of Article 6, under Water Maintenance, which had been left open at the meeting held March 21, 1938 . Town Counsel Sydney R. Wrightington explains under clause "And Further Voted" . Main motion presented by the Moderator: Water I,aintenance Personal Services $4246.01 Expenses 55300 .00 And Farther Voted: That the amount of receipts in excess of this appropriation and the appropriation for Water Maintenance Replacements and Water Services shall be reserved to be appropriated for Water Depart- ment purposes. Carried Unanimous 8:12 P.M. Selectman Archibald R. Giroux moves to take up Article 2, explaining how tax rate had been figured. Selectman Archibald R. Giroux moves to take up Article 9, offering the following: Article 9. Voted: That the sum of $6,098.91 be appropriated for the Reserve Fund as provided by Chapter 40, Section 6, General Laws, of which 81,098,91 is to be transferred from the Water Construction, Shade Street Account, and $5,000 .00 is to be raised from the revenue of the current year. Allen U. Rucker, Chairman of the Appropriation Committee, moves the total amount be amended to read $11,098.91. Amendment put to a vote. Decision doubted by the Moderator, calling for a standing vote as follows:. In Favor Tellers Opposed 18 Alan G. Adams 14 6 George P. Morey 61 30 Clements H. Ferguson 22 54 97 Amendment lost 8:22 P.M. Main motion as read, presented by Moderator and declared carried 8:23 P. I. Selectman Archibald R. Giroux moves to take up Article 28, offering the following: Article 28. Voted: That the sum of $1,000.00 be appropriated and assessed to be expended under the direction of the Selectmen for the purchase of materials and equipment and for wages for superintendence on public works for which the Town has power to appro- priate money to be designated by the Selectmen, in which works recipients of welfare aid from the Town may be required to work. 415 Allen W. Rucker, Chairman of the Appropriation Committee, states Appropriation Committee did not want to amend, but they did disapprove of the amount. Motion as presented carried 8:28 Selectman Archibald R. Giroux moves to take up Article 29, offering the following: Article 29. Voted: That the Selectmen be authorized to improve the traffic control system in Lexington Center and for this purpose the sum of 41242.00 be appropriated and assessed. Amount disapproved by Appropriation Committee. Amendment offered by Allen W. Rucker, Chairman of the Appropriation Committee, amount be reduced to .4550.00 Amendment as presented, carried 8:32 P.M. Motion presented by Moderator. Article 29 . Voted: That the Selectmen be authorized to improve the traffic control system in Lexington Center and for this purpose the sum of 4550 .00 be appropriated and assessed. Carried 8:32 P.M. Selectman Archibald R. Giroux moves to take up Article 30, offering same be indefinitely postponed. Carried 8:33 P.M. Selectman Archibald R. Giroux moves to take up Article 31, offering the following: Article 31. Voted: That the Selectmen be authorized to install street lights in the following unaccepted streets: Hayes Lane; Laconia Street . Carried 8:34 P.M. Selectman Archibald R. Giroux moves to take up Article 37, offering the following: Article 37. Voted: That the Town appropriate money to pay the following unpaid bills for the year 1937: For Road Machinery 429.69 Town Offices & Cary Memorial Euilding 11.25 Traffic Regulation & Control 97.01 Carried 8:35 P.M. Selectman Archibald R. Giroux moves to take up Article 38, offering the following: Article 38. Voted: That the sum of 412,440.52 be appropriated for the Contributory Retirement System established under the provisions of Chapter 318 of the Acts of 1936, comprising the following items: Pension Accumulation Fund 411,660 .00 Interest Deficiency on Funds 30.52 For Expense Fund 750.00 Carried 8:35 P.M. Selectman Archibald R. Giroux moves to take up Article 41, offering the following: Article 41. Voted: That the sum of 4700. be appropriated and assessed for the installation of fire alarm boxes. Carried 8:36 P.M. 41.6 Selectman_ Archibald R. Giroux moves to take up Article 42, offering the following:. Article 42. Voted: "'That the sum of 53500. be appropriated and assessed for the separation of the tapper and box circuits of the Fire Dept. Carried 8:37 P.M. Selectman Archibald R. Giroux moves to take up Article 43, offering the following: Article 43. Voted:. That the Selectmen be authorized to erect a fence at the East Lexington Playground along the northerly side for a distance of approximately 310 feet and on the westerly side for a distance of approximately 180 feet, and for this purpose the sum of $600.00 is hereby appropriated, And Further Voted: That the Selectmen be authorized to erect a fence at the Center Playground on the east- erly side for a distance of approximately 700 feet, and that for this purpose the sum of 6900.00 is hereby appropriated. Allen W. Rucker, Chairman of Appropriation Committee, states amounts not approved by Appropriation Cor.,raittee. Amounts voted separately and carried 8:43 P.M. Selectman Archibald R. Giroux moves to take up Article 24, moving same be indefinitely postponed. Carried 8:44 P.M. Selectman Archibald R. Giroux moves to take up Article 1 of the second warrant, offering the following: Article 1. Voted: That the Town accept the layout as a town WV of Taft Avenue, from I,lassachaisetts Avenue a distance of approximately 1037 feet southwesterly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, . 1938, and to take by ern;nent domain the necessary easement therefor, and for the purpose of constructing said street the sum of 7500 .00 be appropriated and assessed, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Dr. Clarence Shannon moves vote read be appropriated and assessed instead of by notes or bonds. Dr. Clarence Shannon' s motion declared lost 8:53 P.M. Town Counsel, Sydney R. Wrightington, makes amendment to original vote, that words "and assessed" be struck out of original vote. Amendment carried 8:55 P.M. Original vote with words "and assessed" left out, carried unanimous 8:55 P.M. Selectman_ Archibald R. Giroux moves to take up Article 25, moving that Article 25 be indefinitely postponed. Carried 8:55 P.M. 417 Selectman Archibald R. Giroux moves to take up Article 2, of the second warrant, offering the following: Article 2. Voted: That the Town accept the layout as a town way of Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of a 1200,00 be appropriated, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Carried Unanimous 8:57 P.M. Selectman Archibald R. Giroux moves to take up Article 26, moving Article 26 be indefinitely postponed. Carried 8:57 P.L. Selectman Archibald R. Giroux moves to take up Article 3 of -the second warrant, offering the following: Article 3. Voted: That the Town accept the layout as a town way of Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, as laid out by the Selectmen, under the Betterment Act, and shown upon a certain plan on file in the office of the Town Clerk, dated February 18, 1938, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of 01200 .00 be appropriated, said sum to be raised by the sale of notes or bonds of the Town issued in accordance with law and payable in not more than five years from the date thereof. Carried Unanimous 8:59 P.M. Selectman Archibald R. Giroux moves to take up Article 21, offering t he following: Article 21. Voted: That the Selectmen be authorized to dispose of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by Eminent Domain as follows: Right of Way to Mill Brook, opposite Sylvia Street; Massachusetts Avenue, from Taft Avenue easterly; and for the purpose of said construction the sum of 0800 . be appropriated and assessed. Carried 9:00 P.M. William R. Greeley of the Planning Board moves to take up Articles 32, 33 and 34. William E. Bennett moves that Article 32 be indefinitely postponed. Carried 9:02 P.M. Under Article 33, William E. Bennett offers the following motion: ARTICLE 33 . I move that it be VOTED: To accept the provisions of Sections. 81F, 81-G, 8111, 811 and 81J of Chapter 41 of the General Laws as enacted by Chapter 211, Section 4 of The Acts of 1936. General 4iscussion. Motion to accept Article 33. Carried 9:34 P.M. 41 v, ,8 Under Article 34, William E. Bennett offers the following: ARTICLE 34. VOTED: That the general By-Laws of the Town be amended in Article 26 by adding a new section as follows: "The Board of Appeals established under the existing building and zoning ordinances and Town By-laws shall be and shall act as the Board of Appeals under the provis- ions of General Laws, Chapter 41 as enacted by Chapter 211, Section 4- of The Acts of 1936 ." A two-thii rds vote taken as follows: In Favor Tellers Opposed 38 Alan G. Adams 0 83 George P. Morey 3 24 Clements H. Ferguson 1 145 4 Carried 9:50 P.M. William R. Greeley moves to take up :article 36 . Reads Report. REPORT OF Td2 PLANNING BOARD ON THE FOLLOWING PROPOSED al HND1JVrFNT AS IT APPEARS UNDER ARTICL7, 36 IN TEE WARRANT FOR THE TOWN MEETING TO BE HELD MARCH 21, 1938 To see if the Town will vote to amend the Zoning By-Law by adopting the following amendments thereto or take any action thereon: By substituting for Section 6 thereof the following: Section 6. ( a) In R.l and R.2 Districts no dwelling shall be erected with- in the areas hereinafter defined, except upon a lot haveing a street frontage of not less than 100 feet, an area of not less than 12,500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight line to the Brown' s Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the inter- section of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road,. along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adama Street to Hancock Street, along Hancock.Street to Hancock Avenue, Along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Eaton Road extended, thence along Eaton Road to Bertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the south- east boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the intersection of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Wood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marrett Road, along Marrett Road to Lincoln Street, along Lincoln Street to Weston Street, along Weston Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along 419 Marrett Road to Waltham Street, along Waltham Street to Vine Brook Road, along Vine Brook Road to Winthrop Road, along Win- throp Road to Highland Avenue, along Highland Avenue to Pelham Road, along Pelhgn Road to Massachusetts Avenue, along Massachu- setts Avenue to Marrett Road, along Marrett Road to Pollen Road, along Pollen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachusetts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue, along Carville Avenue to Butler Aven_ue,,along Butler Avenue extended to the Arlington_ Line, along the Arlington Line in a northeasterly direction to the point of beginning. The second of said areas shall consist of the lots, outside the first area, which front directly upon the said portions of said bound- ing streets. (b) In all other parts of the Town, outside the boundaries oft he areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25,000 square feet and having no other dwelling thereon. ( c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. ( d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect, the frontage and area shall be computed as is such bounding lines were so extended. ( e) Notwithstanding the foregoing provisions of this sec- tion, if adjacent lots, any of which has less- area or frontage than required by this section, are recorded by plan or deed as all in the same ownership at the time this by-law is adopted, and if ( 1) substantial expenditures have been incurred, prior to that time, toward the improvement of these lots or approved ways giving access thereto, or towards utilities serving such lots, which improvements or utilities would be diminished in value in a substantial amount by a literal enforcement of the terms of this section, or if ( 2) adjoining areas have been, prior to that time, developed to a substantial extent by the construction of houses on lots generally smaller than is prescribed by this sec- tion and the standard of the neighborhood so established does not reasonably require a subdivision of the applicant ° s land into lots as large as is hereby prescribed, then the owner of these lots may apply to the Board of Appeals for relief from the terms of this section as applying to any of these lots, and the Board of Appeals may grant such relief by making special except- ions to the terms of this section, subject to appropriate condi- tions and safeguards in harmony with the general purpose and intent of this by-law, where desirable relief may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of this by- law. ( f) And furthermore, notwithstanding the said foregoing provisions, one dwelling -may be erected upon a lot containing less than the above required areas or frontages if such lot was duly recorded by plan or deed at the time of the adoption of this by-law, and did not at the time of such adoption adjoin other land of the same owner available for use in connection with such lot.® A public hearing was held on March 4, 1938, on the proposed amendments after the notice given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Board feels that it is acting in accordance with the expressed desires of a number of citizens of the Town when it offers an amendment covering area regulations. Before presenting 420 this particular article, the Board has obtained the advice of planning experts, it has studied the treatment of area regulations by other towns, adopting in some cases that which was considered as best for Lexington and has endeavored to obtain an expression of opinion from Lexington citizens. It is generally recognized that there is a direct relation- ship between the proper size of dwelling lots and the economic development of a town, and the problem becomes that of protect- ing the town against an expansion which requires an unreasonable outlay in public utilities such as streets, sewerage and schools, and of directing the trend toward utilization of existing facili- ties . There are at present a sufficient number of small size lots, adjacent to utilities and suitable for dwellings, to care for the most optimistic growth; and which will remain unaffected by this amendment. It is an acknowledged fact that an area of 25,000 square feet, suitable for dwelling, will normally care for sewerage through septic tanks or cess pools and that lots of 12,500 square feet, located with fair sub-soil, will also care for single family sewerage. A conservative estimate indicates that at least 25 of Lex- ington is unsuitable for dwelling of any sort and the Board has been guided by these principles in the selection of sizes and in locating the boundaries of the different areas. The Planning Board believes tiip t the adoption of this amend- ment will tend toward safeguarding the taxes of the town as a whole, will not discourage the building of self-supporting homes and will not operate to the disadvantage of the responsible prop- erty owner, who wishes to open his land for a profitable develop- ment. However, as the hearing indicated that there was some oppo- sition to that part of the proposal, providing for Board of Appeals action, the Planning Board will present the amendment under two separate votes; one covering paragraphs a, b, c and d, and the other covering paragraphs e and f, and recommends favor- able action by the town on both sections. Donald Nickerson presents vote as follows: Voted:- That the Lexington Zoning By-Law be amended by sub- stituting for Section 6 thereof the following: Section 6. ( a) In R.l and R.2 Districts no dwelling shall be erected within the areas hereinafter defined, except upon a lot having a street frontage of not less than 100 feet, an area of not less than 12,500 square feet, and having no other dwelling thereon. The first of said areas shall be bounded by the center line or intersection of center lines, of Summer Street commencing at the Arlington Line and continuing to Lowell Street thence in a straight line to the Brownts Brook Culvert under the railroad right of way, thence along the railroad right of way to Woburn Street, along Woburn Street to Laconia Street, along Laconia Street to Ridge Road, thence in a straight line to the junction of Vine Street and Manley Court extended, thence in a straight line to the inter- section of Hayes Lane and Grant Street, thence along Grant Street to Old Colony Road, along Old Colony Road to Woodland Road, along Woodland Road to Adams Street, along Adams Street to Hancock Street , along Hancock Street to Hancock Avenue, along Hancock Avenue to the railroad right of way, along the railroad right of way to Revere Street, along Revere Street to Hancock Street, along Hancock Street to Burlington Street, along Burlington Street to Grove Street, along Grove Street to Eaton Road extended, thence along Eaton Road to Bertwell Road, along Bertwell Road to Williams Road, along Williams Road to Bedford Street, along Bedford Street as far as the south- east boundary of the school property, thence along this boundary to Valley Road, along Valley Road to the railroad right of way, along the railroad right of way to Center Street, along Center Street to Ward Street, along Ward Street to Garfield Street, along Garfield Street to Locust Street, thence in a straight line to the inter- section of Cedar Street and Freemont Street, thence along Freemont Street extended to Wood Street, along Wood Street to Massachusetts Avenue, along Massachusetts Avenue to Old County Road, thence in a straight line to the intersection of Roosevelt Road and Wilson Road, along Wilson Road to Marrett Road, along Marrett Road to Lincoln Street, along Lincoln Street to Weston Street, along Wes- ton Street to Shade Street, along Shade Street to Spring Street, along Spring Street to Marrett Road, along Marrett Road to Walt has Street, along Waltham Street to Vine Brook Road, along Vine Brook Road to Winthrop Road, along Winthrop Road to Highland Avenue, along Highland Avenue to Pelham Road, along .Pelham Road. to Massa- chusetts Avenue, along Massachusetts Avenue to IJarrett Road, along Marrett Road to Follen Road, along Follen Road to Pinewood Street, along Pinewood Street to Summit Road, along Summit Road to Fern Street, along Fern Street to Pleasant Street, along Pleasant Street to Massachusetts Avenue, along Massachusetts Avenue to Oak Street, along Oak Street to Carville Avenue; along Carville Avenue to Butler Avenue, along Butler Avenue extended to the Arlington Line, along the Arlington Line in a northeasterly direction to the point of be- ginning. The second of said areas shall consist of the lots, out- side the first area, which front directly upon the said portions of said bounding streets . (b) in all other parts of the Town, outside the boundaries of the areas above described, no dwelling shall be erected except upon a lot having a street frontage of not less than 100 feet, an area of not less than 25,000 square feet and having no other dwelling thereon, ( c) On each side of each dwelling or other permitted main structure there shall be provided a side yard of not less than fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. ( d) Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would inter- sect, the frontage and area shall be computed as if such bounding lines were so extended. Willi pm R. Greeley explains from map on stage. General discussion. William H. Devine moves a Committee of fifteen be appointed for further investigation, to include the Board of Selectmen and the Planning Board. Theodore A. Custance offers a motion. That a Committee of fifteen be appointed by the Moderator, not including the Board of Selectmen and Planning Board, account the large number of members on both Boards. A ')') cn William H. Devine withdraws his motion for adoption of Theodore A. Custance' s motion. Theodore A. Custance withdraws his motion. Original motion as presented by Donald E. Nickerson for amendment Section Six put before the meeting for vote, with re- sults as follows: In Favor Tellers Opposed 16 Alan G. Adams 20 29 George W. Sarano 64 10 Clements H. Ferguson 12 55 96 Lost 10:42 P.M. Original motion of Theodore A. Custance for the appointment of a committee of fifteen put to a vote. Declared Lost 10:43 P.M. William Roger Greeley presents substitute motion as follows: Voted that the motion now before the meeting be amended by sub- stituting therefor the following:- Voted:- That the Lexington Zoning By-Law be amended by substi- tuting for Section 6 ( a) thereof, the following:- Section 6. ( a) In R.1 and R.2 Districts no dwell- ing shall be erected upon land laid out for house lots after the adoption of this by-law unless there is pro- vided for each such dwelling a lot frontage of not less Z/T-AL than 100 feet upon the frontage street, and an area of not less than 12500 square feet. On each side of each dwelling or other permitted main structure there shall be provided a side yard of at least fifteen feet in width, which shall be kept open from the front line of the main structure to the rear line thereof. 2 This paragraph shall not apply to lots of less than 100 foot frontage duly recorded by plan or deed at the time this by-law is adopted. (b) Where a corner lot has its corner bounded by a curved line connecting other boundary lines which if extended would intersect, the frontage and area shall be computed as if such bounding lines were so extended. Two-thirds vote taken as follows: In Favor Tellers Opposed 20 Alan G. Adams 13 62 George W. Sarano 22 17 Clements H. Ferguson 4 99 39 Carried at 10:46 P.M. Moderator Robert H. Holt asks if all articles taken up, or if any further business; there was no response, whereby the Mod- erator declared the meeting dissolved. A True Record. Attest: • Irie (Xt_, 40, r Town C 431 B. F. Hawkins 115 Windermere Rd. Newton, Mass. July 18, 1938 Town Clerk Town of Lexington, Mass. Dear Sir:- As I have moved to Newton I wish to resit as a Town Meeting Member of Lexington. I shall always have a keen interest in the affairs of Lexington. Yours truly, 8/ Basil F. Hawkins ATTORNEY GENERAL'S APPROVAL ARTICLE 34 AS PASSED AT A SECOND ADJOURNED TOWN MEETING OF THE ANNUAL TOWN MEETING HELD MARCH 28, 1938 Under Article 34, William E. Bennett offers the following: ARTICLE 34. VOTED: That the general By-Laws of the Town be amended in Article 26 by adding a -new section as follows: "The Board of Appeals established under the existing building and zoning ordinances and Town By-Laws shall be and shall act as the Board of Appeals under the provis- ions of General Laws, Chapter 41 as enacted by Chapter 211, Section 4 of The Acts of 1936." A two-thirds vote taken as follows: In Favor Tellers Opposed 38 Alan G. Adams 0 83 George P. Morey 3 24 Clements H. Ferguson 1 145 4 Carried 9:50 P.M. Lexington, Mass. June 27, 938 I, James J. Carroll, Town Clerk of the Town of Lexington, Mass., do hereby certify that the above is ,a true and exact copy of Article 34 as passed at a second adjourned town meeting of the Annual Town Meeting held March 28, 1938, and as same appears on record. - James J. Carroll Town Clerk