HomeMy WebLinkAbout1951-03-05-TE-Warrant-and-1951-03-19-ATM-Warrant TOWN WARRANT
Commonwealth of Massachusetts Middlesex, ss.
To the Constable of the Town of Lexington, in said County
Greeting:
In the name of theCommonwealth of Massachusetts, you are directed to
notify the inhabitants of the Town of Lexington, qualified to vote-ain elections
and in Town affairs, to meet in their respective voting places in 'said Town.
' PRECINCT OINTE, ADAMS SCHOOL: PRECINCT TWO, THREE AND FOUR, CARY MEMORIAL
BUILDING on MONDAY the 5th day of March, 1951 at 7:30 o' clock A. M. , then and
there to act on the following articles:
Article 1. To choose by ballot the following Town Officers:
Two Selectmen for the term of three years;
One member of the School Committee for the term of three years;
it One member of the School Committee to fill the unexpired term ending. March, 195
One Cemetery Commissioner for the term of three years;
One member of the Planning Board for the term of five years;
IOne Moderator for the term of one year;
One Collector of Taxes for the terns of one year;
' One Town Clerk for the term of one year; -
One Town Treasurer for the term of one year;
Two Constables for the term of one year;
Seventeen Town Meeting Members in each Precinct for the term of three years;
Two Town Meeting Members in Precinct One to fill the unexpired terms ending
March, 1952;
One Town Meeting Member in Precinct One to fill the unexpired term ending
March, 1953;
Two Town Meeting Members in Precinct Two to fill the unexpired terms ending
March, 1952;
1 One Town Meeting Member in Precinct Three to fill the unexpired term ending
March, 1952;
1 Two Town Meeting Members in Precinct Four to fill the unexpired terms ending
March, 1952.
\p vote Yes or No by ballot on the following question:
1 Shall an Act passed by the General Court in the=.year-°nineteen hundred`
/ and fifty=one;, ,entitled -"An Apt providing', for .a fifty-six hour week
L,' for the permanent members' bf the fire department in the Town of
Lexington", be accepted? -
Yes /
To vote Yes or No by ballot on the following question: No /
Shall the Town accept the provisions of Chapter 31 �_ ____ ___
` relative to both the official and the labor service, and thereby place
under Civil Service all eligible offices and positions in the Town that
are not already so classified?
Yes
•
No /
The polls will be open at 7:30 A.M. and will remain open until 8:00 P.M.
You are also to notify the inhabitants aforesaid to meet in Cary Memorial
Hall in said Town on Monday, the nineteenth day of March, 1951, at 8:00 P.M. ,
at which time and place the following articles are to be acted upon and
determined exclusively by the Town Meeting Members in accordance with Chapter
215 of the Acts of 1929 and subject to the referendum provided for by Section
eight of said Chapter.
Article 2. To receive the reports of any Board of Town Officers or of
any Committee of the Town and to appoint other Committees.
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Article 3. To see if the Town will authorize the Town Treasurer,
with the approval of the Selectmen, to borrow money from time to time in
anticipation of the revenue of the financial year beginning January 1, 19520
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 of Chapter 44 of the General Laws.
Article 4. To see if the Town will make appropriations for expenditures
by departments, officers, boards and committees of the Town for the ensuing
year and determine whether the money shall be provided by the current tax
levy or by transfer from available funds, including any special funds or by
any combination of these methods, or act in any other manner in relation
thereto,
Article 5. To see if the Town will establish the salary and compensatior
of the Town Treasurer, Town Clerk and Town Collector of Taxes, being all the
elected officers of the Town on a salary basis, as provided by Section 108
of Chapter 41 of the General Laws, and raise and appropriate the funds
necessary therefor, or act in any other manner in relation thereto.
Article 6. To see if the Town will transfer unexpended appropriation
balances in any of the accounts to the Excess and Deficiency Account, or to
other accounts suitable for such transfer under Chapter 44 of the General
Laws, or act in any other manner in relation thereto.
Article 7. To see if the Town will raise and appropriate money to pay
any unpaid obligations of the Town for prior years, or act in any other
manner in relation thereto.
Article 8. To see if the Town will raise and appropriate a sum of money
for the Reserve Fund as provided by Section 6 of Chapter 40 of the General
Laws., or act in any other manner in relation thereto.
Article 9. To see if the Town will authorize the Selectmen to petition
the Director of Accounts of the State for an audit .for the year 1951, or act
in any other manner in relation thereto.
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Article 10. To see if the Town will vote to install new or replacement
water mains in such accepted or unaccepted streets or other land as the
Selectmen may determine in accordance with authority contained in the By—laws
of the Town, subject to theassessment of betterments or otherwise, and to
take by eminent domain or otherwise acquire any fee, easement or other interes
in land necessary therefor; appropriate money for such installation and land
acquisition and determine whether the money shall be provided by the current
tax levy, by transfer from available funds, including any special water funds,
or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
Article 11. To see if the Town will vote to install sewer mains in
such accepted or unaccepted streets or other land as the Selectmen may
determine in accordance with Chapter 504 of the Acts of 1897, as amended,
or otherwise, and to take by eminent domain or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money
for such installation and land acquisition and determine whether the money
shall be provided by the current tax levy, by transfer from available funds,
including any special sewer funds, or by borrowing, or by any combination
of these methods; or act in any other manner, in relation thereto.
Article 12. To see if the Town will make supplementary appropriations
to be used in conjunction with money appropriated in prior years for the
installation or construction of water mains, sewers, drains or streets that
have heretofore been authorized, and determine whether the money shall be
provided by the current tax levy, by transfer from available funds or by
borrowing, or by any combination of these methods,, or act in any other manner
in relation thereto,
Article 13. To see if the Town will raise and appropriate a sum of
money for the purchase of two new cruising cars for the Police Department,
or act in any other manner in relation thereto,
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Article 14. To see if the Town will raise and appropriate a sum or
sums of money for the purchase and installation of mobile radio receiver
and transmitter units for the Police Department, Fire Department and De-
partment of Public Works, and determine whether the money shall be provided
by the current tax levy or by transfer from available funds, including the
Road Machinery Fund, or by any combination of these methods, or act in any
other manner in relation thereto.
Article 15. To see if the Town will raise and appropriate a sum of
money to be expended by the Selectmen for the purchase of a new ambulance,
or the repair of the present ambulance, or act in any other manner in
relation thereto.
Article 16. To see if the Town will appropriate funds for the payment
of pensions to retired members of the Police and Fire Departments under
Chapter 32 of the General Laws, or act in any other manner in relation thereto
Article 17. To see if the Town will appropriate a sum of money for
highway maintenance under the authority of Chapter 90 of the General Laws,
and determine whether the money shall be provided by the current tax levy
or by transfer from available funds, or by any combination of these methods,
or act in any other manner in relation thereto.
Article 18. To see if the Town will appropriate a sum of money for
construction of all or any part of Paul Revere Road under the authority of
Chapter 90 of the General Laws, and determine whether the money shall be
provided by the current tax levy or by transfer from available funds, or by
any combination of these methods, or act in any other manner in relation
thereto,
Article 19. To see if the Town will appropriate a sum or sums of money
for Civilian Defense, and determine whether the money shall be provided by
the current tax levy, by transfer from available funds or by borrowing, or
by any combination of these methods, or act in any other manner in relation
thereto.
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Article 20. To see if the Town will authorize the Selectmen to
construct concrete, bituminous concrete or other sidewalks where the
abutting owner pays one-half of the cost or otherwise; appropriate a
sum of money for such construction, and determine whether the money shall
be provided by the current tax levy or by transfer from available funds,
or by any combination of these methods; or act in any other manner in re-
lation thereto.
Article 21. To see if the Town will authorize the Selectmen to
install curbings at such locations as they may determine; appropriate a
sum of money for such installation; and determine whether the money shall
be provided by the current tax levy or by transfer from available funds,
or by any combination of these methods; or act in any other manner in re-
lation thereto.
Article 22. To see if the Town will raise and appropriate money for
the improvement of lowlands and swamps and the eradication of mosquitoes
under Chapter 252 of the General Laws or for the eradication of mosquitoes
by the Board of Health of Lexington or for the purpose as set forth in
Section )}A of said Chapter 252, or act in any other manner in relation
thereto,
Article 23. To see if the Town will vote to install drains in such
land as the Selectmen may determine 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; appropriate money for such installation and land acquisi-
tion and determine whether the money shall be provided by the current tax
levy, by transfer from available funds or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
Article 214. To see if the Town will appropriate a sum of money for
the purchase by or with the approval of the Selectmen of equipment for the
Department of Public Works, and determine whether the money shall be pro-
vided by the current tax levy or by transfer from available funds, including
the Road Machinery Fund, or by any combination of these methods, or act in
any other manner in relation thereto.
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Article 25. To see if the Town will vote 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 Public Works Department when
used on various projects carried on under the direction of said Department,
the amount of said charge not to exceed the amount allowed by the State for
the use of similar equipment, or act in any other manner in relation thereto.
Article 26. To see,`.if the Town will authorize the Board of Selectmen
to appoint one of its members to the Board of Appeals, in accordance with
Section 14A of Chapter 41 of the General Laws, or act in any other manner in
relation thereto.
Article 27. To see if the Town will vote to install street lights in
such unaccepted streets as the Selectmen may determine, prior to the final
adjournment of the 1952 Annual Town Meeting, or act in any other manner in
relation thereto,
Article 28. To see if the Town will appropriate a sum of money for
the development and grading of additional land in the Sunset Section layout
in Westview Cemetery and the development of additional roadways therein,
and determine whether the money shall be provided by the current tax levy
or by transfer from available funds, including the Westview Sale of Lots Fund,
or by any combination of these methods, or act in any other manner in relatior.
thereto,
Article 29. To see if the Town will raise and appropriate a sum of
money, to be expended by or with the approval of the Board of Selectmen, for
the purchase of a new sprayer for insect suppression or act in any other
manner in relation thereto.
Article 30. To see if the Town will authorize the Selectmen, on behalf
of the Town, to purchase, take by eminent domain or otherwise acquire for
occupancy by one or more Town departments, officers, boards or committees, or
or for any one or any combination of any such purposes,
for playground or other public purposes/ the land and buildings numbered 1519
Massachusetts Avenue in Lexington and situated at the junction of Massachusett
Avenue and Fletcher Avenue, comprising about 9,1480 square feet of land, and
believed tobelong to Louise Sexton; appropriate money for such acquisition an
determine whether the money shall be provided by the current tax levy, by
transfer from available funds or by borrowing, or by any combination of these
methods, or act in any other manner in relation thereto.
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Article 31. To see if the Town will vote to establish as a town way,
and accept the layout of as a town way, Woodland Road from Adams Street a
distance of approximately 1535 feet 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, 1951, and to take by eminent domain or otherwise acquire
any fee, easement or other interest in land necessary therefor:; appropriate
money for the construction of said Road and forland acquisition, and
determine whether the money shall be provided by the current tax levy, by
transfer from available funds or by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto.
Article 32. To see if the Town will vote to accept the provisions of
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Chapter 8 of the Acts of 1951, entitled: An Act Relative to the Fire Depart-
ment of the Town of Lexington," which places the Fire Department under the
control of a Board of Fire Commissioners appointed by the Selectmen.
Article 33. To see if the Town will approve the settlement of or will
authorize the Selectmen to settle claims of the Town for damages arising out
of the taking by eminent domain by the Commonwealth for state highway
purposes for the new Route 128 of various parcels of land owned by the Town
or in which the Town has an interest and claims for damages to other land of
the Town resulting from the laying out and constructing of said highway, or
act in any other manner in relation thereto,
Article 34. To see if the Town will approve the settlement of or will
authorize the Selectmen to settle claims against the Town for damages arising
out of the taking by eminent domain for highway purposes of various parcels of
land situated on East Street in Lexington by order of the Middlesex County
Commissioners dated January 25, 1946, which claims are now pending as suits
against the Town in the Superior Court, Middlesex County; appropriate money
for such settlements; and determine whether the money shall be provided by
the current tax levy or by transfer from available funds, or by any combina-
tion of these methods; or act in any other manner in relation thereto.
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Article 35. To see 1f the Town will approve the settlement of or
will authorize the Selectmen to settle claims against the Town for damages
arising out of the taking by eminent domain for highway purposes of .parcels
of land situated on Grove Street in Lexington by order of the Middlesex
County Commissioners dated December 6, 19146, which claims are now pending
as suits against the Town in the Superior Court, Middlesex County; appro-
priate money for such settlements; and determine whether the money shall
be provided by the current tax levy or by transfer from available funds, or
by any combination of these methods; or act in any other manner in relation
thereto. _
Article 36. To see if the Town will authorize and direct the Moderator
to appoint a committee of five residents to investigate and study the pro-
visions of Chapter 662 of the Acts of 1919, entitled: }An Act Relative to
the Organization of Union Health Departments, for the purpose of determining
whether or not it is desirable for Lexington to join with one or more other
towns to form a union health department; and to file a report with its
findings and recommendations at the next Annual Town Meeting; or act in any
other manner in relation thereto.
Article 37. Tosee if the Town will 'vote 'to amend the Building By-laws
by adding in Article 111, Section 1 the following new paragraph; or act in any
other manner in relation thereto:
(B) Unavailability of Sewer. If the application is for the erection
of a dwelling or building which requires sewage disposal facilities on land
which has no sanitary sewer available for ' use, `' the Inspector shall refer the
matter to the Board of Health which shall promptly make or cause to be made an
investigation of the land proposed to 'be occupied and file a statement with
the Inspector certifying whether or not it its opinion the land is of such a
character that adequate sewage disposal facilities can be provided for such
dwelling or building by a cesspool or septic tank or other device; and unless
such opinion is in the affirraative, the Inspector shall not issue the permit.
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Article 38, To see if the Town will vote to recommend to the
Selectmen that they establish a five day work week for the members of
the Police Department^ appropriate a sum of money fpc& thA cost during
1951 of such additional personnel as will be required in the Police De-
partment by reason of the establishment of a five day work week; and
determine whether the money shall be provided by the current tax levy
or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto,
(Inserted at the request of 16 members of the
Police Departments}
Article 39. To see if the Town will vote to accept or refuse to
accept the devise of an undivided one-half interest in the land and
buildings at 28 Spring Street, Lexington, subject to the payment by the
Town of the sum of 5500,00, as provided in the will of Angelena F. Remick,
late of Lexington, Middlesex Probate, Docket No. 299689 , or act in
any other manner in relation thereto.
Article 40. To see if the Town will authorize the School Committee,
on behalf of the Town to obtain bids and enter into a contract or contracts
for the construction and original equipping and furnishing of a new High
School building, on land acquired by the Town for school purposes in June
1916, in accordance with all or any part or parts of the plans and specifica-
tions that .were presented under Article 37 of the Warrant for the 1949 Annual
Town Meeting or as said plans and specifications may be altered or as
omissions may be made therein; appropriate a sum of money for such purposes;
determine whether the money shall be provided by the current tax levy,. by
transfer from available funds or by borrowing, or by any combination of these
methods; and authorize and direct the Moderator to appoint a building committe
to proceed with and supervise such constructions equipping and furnishing; ,
or act in any other manner in relation thereto.
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Article 41. To see if the Town will vote to authorize the Selectmen,
on behalf of the Town, to purchase, take by eminent domain or otherwise
acquire for school and playground purposes, and for any other public
purposes, or any one or any combination of such .purposes, a parcel of land
comprising 15.2 acres more or less, together with any rights of way or other
rights appurtenant or appropriate thereto, believed to belong to Kelchester
Realty Trust, situated westerly of Lowell Street and northwesterly of Maple
Street in Lexington, the approximate boundaries of which are shown on a plan
on file in the office of the Town Engineer and available for inspection;
appropriate a sum or sums of money for such land acquisition; and determine
whether such money shall be provided by the current tax levy, by transfer
from available funds or by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto.
Article 142. To see if the Town will vote to authorize the Selectmen,
on behalf of the Town, to purchase, take by eminent domain or otherwise
acquire for school and playground purposes, and for any other public
purposes, or any one or any combination of such purposes, the following
parcels of land in Lexington, together with any rights of way or other
rights appurtenant or appropriate thereto:
Parcel One. An area of land, believed to belong to
Francis and Hugh Thompson, situated westerly of School
Street, bounded on the north by Massachusetts Avenue and
lots 1, 2, 3, 4A, 5A and 6A on Massachusetts Avenue, on the
west by land of Toros H. Bashian, on the south by land of
Robert L. Innis and on the east by land of Francis and Hugh
Thompson, containing approximately 4.7 acres; and
Parcel Two. An area of land, believed to belong to Robert L.
Innis, situated westerly of School Street and northerly of
Roosevelt Road, bounded on the north by land of Francis and
Hugh Thompson, on the west by land of Toros H. Bashian, on
the south by Roosevelt Road and other 1»nd of Robert L. Innis
and on the east by land of Robert L. Innis, containing ap-
proximately 5.7 acres;
the approximate boundaries of said parcels are shown on plans on file
tLp(
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in the office of the Town Engineer and available for inspection; appropriate
a sum or sums of money for such land acquisition; and determine whether such
money shall be provided by the current tax levy, by transfer from available
funds or by borrowing, or by any combination of these methods; or act in any
other manner in relation thereto.
Article 43. To see if the Town will vote to install a sanitary sewer or
sewers to serve that part of Lexington known as '!Sunnyfield" area as shown on
a set of plans in the office of the Town Engineer, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; appropriate a sum of money for such installation and
land acquisition; and determine whether the money shall be provided by the
current tax levy, by transfer from available funds, including any special sewer
funds , or by borrowing, or by any combination of these methods; or act in any
other manner in relation thereto.
Article 44. To see if the Town will vote to rescind the balance of
$25,000 of a loan of S65,000 authorized under Articles 4 to 8 inclusive of
the Warrant for the Special Town Meeting held November 114, 1949 and now re,
maining unused.
Article 45. To see if the Town will vote to amend the Zoning Bylaw so as
to change certain land from an R-1 District to a C-2 District by adding in
Section 4(d)02-General business districts the following new paragraph:
8. Beginning at the point of intersection of the
southerly sideline of Vine Brook Road and the
easterly sideline of Waltham Street, thence
running southerly along said easterly sideline
of Waltham Street a distance of 471 plus feet
to a point, said point being the intersection
of the easterly sideline of Waltham Street and
the northerly sideline of the Vine Brook easement,
so called; thence turning and running easterly along
said northerly sideline of the Vine Brook easement a
distance of 222 plus feet to a point; thence turning
and running northeasterly a distance of 327 plus feet
to Vine Brook Road; thence turning and running westerly
along the southerly sideline of Vine Brook Road a distance
of 252 plus or minus feet to the point of beginning.
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Article 46. To see if the Town will vote to amend the Zoning By-law
so as to change certain land from an R-1 District to a C-1 District by
adding in Section 4(c)01-Local business districts the following new paragraph:
24. A district at the northwesterly corner of Waltham Street
and Concord Avenue and extending for a distance of 200
feet along each street from the junction point of the
westerly sideline of Waltham Street with the northerly
sideline of Concord Avenue, thence back at right angles
to each street until the exterior lines intersect.
Article 47. To see if the Town will appropriate a sum of money
for the further development of Kinneen' s Pond as a recreation area and
determine whether the money shall be provided by the current tax levy, by
transfer from available funds, or by any combination of these methods, or
act in any other manner in relation thereto.
Article 48. To see if the Town will raise and appropriate a sum of
money to be expended by the Recreation Committee in a study of future
development of playground areas in the Town.
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Article 49. To see if the Town will vote to amend Article XXVI of
the General By-Laws of the Town by striking out the new section that was
added to said article at the session of the Annual Town Meeting held on
March 28, 1938 and inserting in place thereof the following:
Section 2. The existing Board of Appeals established under the
Zoning By-Law shall be and shall act as the Board of Appeals under
the planning law, being Sections 81A to 81Y inclusive of Chapter
41 of the General Laws, as provided in Section 81R of said Chapter 41a
Article 50. To see if the Town will vote to establish as a town way and
accept the layout of as a town way a certain strip of land including Edison Way
and extending from Edison Way to Depot Park, a total of approximately 840 feet,
as laid out by the Selectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 8, 1951, and to take by eminent domain, purchase or
otherwise acquire any fee, easement 'or other interest in land necessary therefor
appropriate money for the acquisition of said land and for the construction of
said way without the assessment of betterments, and determind whether the money
shall be provided by the current tax levy, by transfer from available funds or
by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
Article 51. To see if the Town will vote to authorize the Assessors to
use money from available funds toward the reduction of the 1951 tax rate, or
act in any other manner in relation thereto,
And you are directed to serve this warrant seven days at least
before the time of said meeting as provided in the By-laws of the Town.
Hereof fail not, and make due return on this warrant, with your
doings thereon, to the Town Clerk, on or before the time of said meeting.
Given under our hands at Lexington, this fifth day of February,
A. D. , 1951
7041,
it teae r Selectmen
So"- Lt e of
Z24 Lexington
Constablets Return
To the Town Clerk February A/ , 1951
I have served the foregoing warrant by posting a printed copy thereof
in five ( 5) public places in the Town and also by sending by mail, postage
prepaid, a printed copy of such warrant addressed to every registered
voter of the Town at his last residence, as appears from the records of
the Board of Registrars of Voters /S days before the time of said
meeting,
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Attest: C,17-4—d2-`~ -C-
}onstable of Lexington