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HomeMy WebLinkAbout1956-03-05-TE-Warrant-and-1956-03-19-ATM-Warrant TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in Town affairs, to meet in their respective voting places in said Town, PRECINCT ONE, ADAMS SCHOOL; PRECINCT TWO, EAST LEXINGTON FIRE STATION; PRECINCT THREE, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, PARKER SCHOOL; PRECINCT SIX, MARIA HASTINGS SCHOOL on Monday, the 5th day of March, A. D., 1956 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; Two members of the School Committee for the term of three years; One Cemetery Commissioner for the term of three years; One member of the Planning Board for the term of five years; One Trustee of Public Trusts for the term of six years; One Moderator for the term of one year; One Collector of Taxes for the term of one year; One Town Clerk for the term of one year; One Town Treasurer r asurer for the term of one year; Two Constables for the term of one year; Thirty-three Town Meeting Members in each precinct; the eleven re- ceiving the highest number of votes to serve for the term of three years, the eleven receiving the next highest number of votes to serve for the term of two years, and the remaining eleven to serve for the term of one year. Theat open olls will be 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, 1956, 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, as amended thereof. -2- ARTICLE 2. To receive the reports of any Board of Town Officers or of any Committee of the Town. ARTICTF 3. To appoint or provide for the appointment of the Committee on Lectures under the wills of Eliza Cary Farnham and Susanna E. Cary ARTICTF 4. To see if the Town will make appropriations for expendi- tures by departments, officers, boards and committees of the Town for the ensuing year and determine whether the money shall be provided by the cur- rent 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 authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in antici- pation of the revenue of the financial year beginning January 1, 1957, 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 ac- cordance with Section 17 of Chapter 44 of the General Laws. ARTICLE 6. To see if the Town will establish the salary and compen- sation 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. ARTICTF 7. To see if the Town will vote to appropriate money to pay the necessary expenses of the Town Clerk incurred outside the Commonwealth in securing information upon matters in which the Town is interested or which may tend to improve the service in the Town Clerk's Department, or act in any other manner in relation thereto. -3- ARTICLE 8. 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 i4 of the General Laws, or act in any other manner in relation thereto. ARTICLE 9. To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years, or act in any other manner in relation thereto. ARTICLE 10. To see if the Town will vote to raise and appropriate a sum of money, to be used in addition to money already appropriated, for payment of bills incurred for the construction, original equipping and fur- nishing of the Maria Hastings School, or act in any other manner in relation thereto. ARTICLE 11. 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 12. To see if the Town will authorize the Selectmen to peti- tion the Director of Accounts of the State for an audit for the year 1956, or act in any other manner in relation thereto. ARTICLE 13. To see if the Town will vote to install new or replace- ment water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or other- wise, 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 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. -4- ARTICLE 14. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may de- termine, subject to the assessment of betterments or otherwise , in accord- ance with Chapter 501+ of the Acts of 1897, 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 in- stallation and land acquisition and determine whether the money shall be provided by the current tax levy, by transfer from available funds, includ- ing any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 15. To see if the Town will make supplementary appropriations to be used in conjunction with money appropriated in prior years for the in- stallation 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. ARTICTF 16. To see if the Town will raise and appropriate funds for the payment of pensions to retired members of the Police and Fire Depart- ments 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 highway construction under the authority of Chapter 90 of the General Laws, and determine whether the money shall be providedby 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. -5- ARTICLE 19. To see if the Town will authorize the Selectmen to con- struct 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 combi- nation of these methods; or act in any other manner in relation thereto. ARTICLE 20. To see if the Town will authorize the Selectmen to in- stall 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 relation thereto. ARTICLE 21. 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 act in any other manner in relation thereto. ARTICLE 22. To see if the Town will vote to install drains in such accepted or unaccepted streets or other 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, ease- ment 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 or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 23. 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 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. -6. ARTICLE 24. 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 Depart- ment or other Town Departments, the amount of said credit 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 25. 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 4A of Chapter 41 of the General Laws, or act in any other manner in relation thereto. ARTICLE 26. 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 1957 Annual Town Meeting, or act in any other manner in relation thereto. ARTICLE' 27. To see if the Town will authorize the Selectmen to sell and convey the land on Meriam Street known as the Old Fire Station Site, upon such terms and conditions as they deem proper; or act in any other manner in relation thereto; said land being described as follows : Beginning at a stone bound on the southeasterly side line of Meriam Street at the property now or formerly of Henry P. Boutelle, thence running northeasterly along Meriam Street a distance of 42.90 feet to a . stone bound; thence turning at an angle of 90° 00 ' and running southeasterly by land now or formerly of Henry P. Boutelle a distance of 79.56 feet to a stone bound; thence turning at an angle of 900 20' 30" and running southwesterly by land now or formerly of Henry P. Boutelle a distance of 42.68 feet to a point; thence turning at an angle of 89° 49' 30" and running northwesterly by land now or formerly of Henry P. Boutelle a distance of 79.73 feet to the point of be- ginning and containing 3,407 plus or minus square feet. -7- ARTICLE 28. To see if the Town will authorize the Planning Board to obtain options for land or rights therein that it desires to recommend be acquired by the Town as locations for future streets or for playground and recreational purposes and will authorize the Selectmen to acquire the land or rights therein that are recommended for street purposes; appropriate money for such options and for acquisition of _suchland for street pur- poses and determine whether the same 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. ARTICTF 29. To see if the Town will appropriate a sum of money for the development of Westview Cemetery, 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 relation thereto. ARTICLE 30. To see if the Town will provide for and authorize a com- mittee to prepare final plans and specifications, to obtain bids and to en- ter into a contract or contracts for the construction, original equipping and furnishing of an additional Town Office Building, similar in design to the present Town Office Building, and to supervise the work; and appropriate a sum of money for such purposes and determine whether the money shall be provided by the current tax levy or by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other man- ner in relation thereto. -g_ ARTICLE 31. To see if the Town will vote to amend the General By-Laws by adding thereto a new article to read substantially as follows, or act in any other manner in relation thereto: Town Celebrations Committee Section 1. There is hereby established a Town Celebrations Committee to consist of nine registered voters of the Town. Members of the Committee shall be appointed by the Board of Selectmen. When first appointed, three members shall be ap- pointed for three-year terms, three for two-year terms and three for one-year terms. Thereafter, three members shall be appointed each year for three year terms. Terms shall expire on April thirtieth, except that members shall continue in office until their successors have been duly appointed and qualified. Vacancies shall be filled by the Board of Selectmen for the balance of unexpired terms. Section 2. The Committee shall be charged with planning and carrying out the proper observance of April nineteenth and of United Nations Day and of such other holidays and special events as the Selectmen may designate from time to time. ARTICLE 32. To see if the Town will vote to authorize the Selectmen to grant a sewer easement to Freda Semler Seabury across the Maria Hastings School lot in consideration of the conveyance by said Freda Semler Seabury to the Town of a parcel of land that consists of approximately 2.3 acres and abuts on said school lot and in which a sewer easement will be reserved;: or act in any other manner in relation thereto. -9- ARTICLE 33. To see if the Town will vote to authorize the Selectmen to acquire from Mr. and Mrs. W. John Baskin two parcels of land for play- ground and recreational purposes that are situated on and in the rear of Wyman Road in Lexington and are shown on Land Court Plan No. 24306A as lots 36 and 23; said lot 36 being in the rear of Wyman Road, consisting of approximately 7.6 acres and being offered to the Town as a gift, and said lot fronting on Wyman Road, consisting of approximately 22,320 square feet and being offered to the Town at a nominal price; and raise and appropriate money therefor;; or act in any other manner in relation thereto. ARTICLE 34. To see if the Town will authorize the Selectmen to abandon the drainage easement extending from Winter Street along the com- mon boundary between lots 8 and 9 on Winter Street that was granted to the Town by deed of Lottie M. Kendrick dated August 24, 1948 and recorded in Middlesex South District Registry of Deeds in Book 7333, Page 90, and that is no longer needed by the Town, and will set the minimum amount to be paid for such abandonment; or act in any other manner in relation thereto. ARTICLE 35. To see if the Town will authorize and provide for the appointment of a committee to study and make recommendations as to measures that might be undertaken to preserve and perpetuate historic documents, papers, books, paintings and other material relating to the history of the Town, especially the collection that has been and is being gathered by Mr. Edwin B. Worthen; or act in any other manner in relation thereto. ARTICLE 36. To see if the Town will provide for and authorize a committee to prepare final plans and specifications, to obtain bids and to enter into a contract or contracts for the construction, original equipping and furnishing of an addition to the Cary Memorial Library Building and for making alterations in the present building, and to supervise the work; and appropriate a sum of money for such purposes and determine whether the money shall be provided by the current tax levy or by transfer from avail- able funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -10- ARTICLE 37. To see if the Town will vote to raise and appropriate a sum of money for the purchase or lease of voting machines; or act in any other manner in relation thereto. ARTICLE 38. 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 Snow Removal, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by a combination of these methods; or act in any other manner in relation thereto. ARTICLE 39. To see if the Town will raise and appropriate a sum of money for the purchase of two automobiles for the Building, Plumbing and Electrical Inspectors; or act in any other manner in relation thereto. ARTICLE 40. To see if the Town will vote that the unexpended balance in the appropriation of $40,000 that was made under Article 4 of the Warrant for the Special Town Meeting held on November 17, 1952 for the construction, original equipping and furnishing of the Veterans Memorial Library in the new high school building be transferred to the School Committee to be ex- pended by it from time to time in the purchase of books and equipment for and maintenance of the Veterans Memorial Library; or act in any other manner in relation thereto. ARTICLE 41. To see if the Town will provide for and authorize a com- mittee to prepare final plans and specifications, to obtain bids and to enter into a contract or contracts for the construction, original equipping and furnishing of an addition to the Franklin School Building, and to supervise the work; and appropriate a sum of money for such purposes and determine whether the money shall be provided by the current tax levy or by transfer from available funds or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. �s • -11- ARTICLE 42. To see if the Town will raise and appropriate money to be expended by the School Committee to pay building custodians when re- quired to be in attendance at school buildings after working hours while portions of the buildings are in use by community groups that cannot them- selves afford to pay for such extra services by the custodians; or act in any other manner in relation thereto. ARTICT,R 43. To see if the Town will vote to authorize and provide for the appointment of a committee to study and make recommendations as to a site for an additional junior high school building and as to sites for additional elementary schools, and to have authority to obtain options on land that it recommends be acquired for such purposes; appropriate money for the expenses of the committee and determine whether the money shall be provided by the current tax levy or by transfer from available funds; or act in any other manner in relation thereto. ARTICLR To see if the Town will vote to instruct the Selectmen to petition the General Court for the enactment of legislation authorizing the establishment of historic districts in the Town and providing for an Historic Districts Commission substantially in accordance with the pro- posed legislation prepared and recommended by the Planning Board, a copy of such proposed legislation being on file in the Office of the Town Clerk; or act in any other manner in relation thereto. ARTICT,R 45. To see if the Town will provide for and authorize a com- mittee to review the recommendation of the Board of Fire Commissioners to construct an additional fire station on the parcel of land now owned by the Town that is situated on Marrett Road near the Reservoir, and with author- ity, if the committee concurs in the recommendation of the Board of Fire Commissioners, to retain architectural services and obtain preliminary plans, specifications and cost estimates for the construction, original equipping and furnishing of a fire station on said parcel; and appropriate a sum of money for the expenses of the committee and determine whether the money shall be provided by the current tax levy or by transfer from available funds; or act in any other manner in relation thereto. -12- ARTICT,P 46. To see if the Town will vote to change the names of the following streets, or act in any other manner in relation thereto: a. To change to Putnam Road the name Fairland Street, an unaccepted way extending from Eastern Avenue to Robbins Avenue. b. To change to Blodgett Road the name Oak Avenue, an unaccepted way extending from Eastern Avenue to Deering Avenue. c. To change to Stuart Road the name Robbins Avenue, an unaccepted way extending from School Street to Fairland Street. d. To change to Liberty Avenue the name Quincy Avenue, an unaccepted way extending from Liberty Avenue to Revere Street. ARTICLE 47. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Bernard Street, from Bedford Street northeasterly, approximately 1027 feet to Justin Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated October 7, 1955 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 street and for land 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. -13- ARTICLE 48. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Calvin Street from Ivan Street northeasterly approximately 750 feet to Justin Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated October 7, 1955 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 street and for land 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 49. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Donald Street from Ivan Street northeasterly approximately 750 feet to Justin Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated October 7, 1955 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 street and for land 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. _114-_ ARTICLE 50. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Eldred Street from Bedford Street northeasterly approximately 1050 feet to Justin Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated October 7, 1955 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 street and for land 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 51. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Ivan Street from Eldred Street beyond southeasterly approximately 830 feet to/Bernard Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated October 7, 1955 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 street and for land 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. -15- ARTICT,F 52. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Grapevine Avenue from Kendall Road northwesterly approximately 1150 feet to Waltham Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the of- fice of the Town Clerk, dated January 3, 1956 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 street and for land acquisition, and determine whether the money shall be provided by the cur- rent 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 53. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Rowland Avenue from Massachusetts Avenue southwesterly approximately 360 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 3, 1956 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 street and for 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 combina- tion of these methods; or act in any other manner in relation thereto. ARTICTF 54. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Daniels Street from Taft Avenue southerly approximately 500 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 May 10, 1955 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 street and for land 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. -16- ARTICT.F 55. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Wallis Court from Massachusetts Avenue southwesterly approximately 258 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 October 19, 1955 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 street and for land 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. ARTICLR 56. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Nichols Road from Preston Road northeasterly approximately 530 feet to Blake Road as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated December 5, 1955 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 street and for land 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. -17- ARTICLE 57. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Jackson Court from Parker Street northeasterly approximately 255 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, 1956 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 street and for 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 combina- tion of these methods; or act in any other manner in relation thereto. ARTICLE 58. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Blake Road from Simonds Road southeasterly approximately 570 feet to Preston Road as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 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 street and for land 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 59. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Henderson Road from Burlington Street southwesterly approximately 585 feet to Blake Road as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated August 25, 1955 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 street and for land acquisition, and determine whether the money shall be pro- vided 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. -18- ARTICL.F 60. To see if the Town will. vote to establish as a town way, and accept the layout of as a town way, Pearl Street from Bartlett Avenue southerly approximately 375 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, 1956 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 street and for 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 combina- tion of these methods; or act in any other manner in relation thereto. ARTICLE 61. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Arcola Street from Bartlett Avenue southerly approximately 395 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, 1956 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 street and for land 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 6?. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Milk Street from Carley Road southeasterly approximately 685 feet to Hill Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1956 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 street and for land 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 1 relation thereto. -19- ARTICLE 63. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Fottler Avenue, from the southwest- erly line of the location of the Boston and Maine Railroad to the north- easterly line of the location of said railroad a distance of approximately 50 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated February 7, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ARTICLE' 64. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Westwood Road from Mill Brook Road, northeasterly and southeasterly approximately 1007 feet to Adams Street, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ARTICLE 65. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Mill Brook Road from Adams Street northwesterly approximately 351 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. -20- ARTICLE 66. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Whipple Road from Lowell Street northeasterly approximately 1590 feet as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 4, 1956 and to take by eminent domain or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and raise and appropri- ate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ARTICLE 67. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Locke Lane from Fairlawn Lane southeasterly approximately 1220 feet to Whipple Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ARTICTF 68. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Fiske Road from Winchester Drive southeasterly approximately 1884 feet to Whipple Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. -21- ARTICLE 69. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Red Coat Lane from Burlington Street easterly approximately 1171 feet as laid out by the Selectmen and shown upon a plan on file in the office of.the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ARTICLE 70. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Flintlock Road from Red Coat Lane northerly, easterly and southerly approximately 1693 feet to Red Coat Lane as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 3, 1956 and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. ,t -22.- ARTICLE 71. To see if the Town will vote to amend Article XXVI of the General By-Laws by renumbering the present Sections thereof, except Section 1 and Section 3, to conform to the following numbering: Section 2, The fees for storage of gasoline under General Laws, Chapter 48, Section 13, as amended, shall be as follows : For issuing the original license, $1.00 plus a reasonable charge for advertising. For each annual certificate of registration, $.50. Section 4. No person, except an officer of the law in the performance of his duties, shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any person or persons therein. Section 5. The Board of Appeals established under the Zoning By-Law shall be and shall act as the Board of Appeals under the Subdivision Control Law, being Sections 81K to 81GG inclusive of Chapter 41 of the General Laws, and any acts in amendment thereof or in addition thereto. ARTICLE 7a. To see if the Town will vote to authorize and direct the Selectmen to petition the General Court to amend the provisions for filling unexpired terms of town meeting members of Chapter 215 of the Acts of 1929, being the act establishing the representative town meeting form of govern- ment in Lexington, by inserting in Section 2 immediately prior to the next to the last sentence a new sentence in substantially the following form, or act in any other manner in relation thereto: Such vacancy or vacancies shall be filled, in the order of votes received at each annual town election, from among those candidates in their respective precincts who fail of election to a term of three years. (Inserted at the request of ten or more registered voters) -23- ARTICLE 73. To see if the Town will vote to authorize and direct the Selectmen to petition the General Court to amend the provisions of Chapter 215 of the Acts of 1929 which relate to the filling of vacancies in the total number of town meeting members from any precinct, said Chapter 215 of the Acts of 1929 being the act establishing the representative town meeting form of government in Lexington, by striking out Section 7 and inserting a new section in substantially the following form, or act in any other manner in relation thereto: Section 7. Any vacancy in the full number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, shall be filled until the next annual election by the selection by the town clerk of the person who received the highest number of votes as a defeated candidate for the office of town meeting member in the preceding election in the precinct where the vacancy occurs and the town clerk shall promptly notify such person of his election as a town meeting member. If for any reason such person cannot or does not accept such office, the next highest in recorded vote of the defeated candidates in that precinct shall be similarly selected. In the event of a tie vote of those who received the highest votes as such defeated candidates, or in the event there is no such defeated candidate available, the town clerk shall call a special meeting of the town meeting members from the precinct where the vacancy occurs for the purpose of filling the vacancy from among the registered voters of the precinct and shall cause to be mailed to every such town meeting member, not less than seven days before the time set for the meeting, a notice speci- fying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by written ballot and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen who shall thereupon be deemed elected and qualified a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section three, (Inserted at the request of ten or more registered voters) II r -25- ARTICLE 74. To see if the Town will authorize the Selectmen in the name and on behalf of the Town to convey to the Josiah Willard Hayden Recreation Centre, Inc. , a Massachusetts charitable corporation, the two parcels of land situated on the southerly side of Lincoln Street in Lexington that were given to the Town by Josiah Willard Hayden by deed dated November 21, 1938 and recorded in Middlesex South District Registry of Deeds in Book 6254, Page 543, such conveyance by the Town to be in consideration of the use by said corporation of such land only for the recreation, entertainment, physical training and instruction of the youth of both sexes of the Town of Lexington in accordance with the corporate purposes of the Josiah Willard Hayden Recreation Centre, Inc. and the provisions of the will of Josiah Willard Hayden, Middlesex Probate Court docket No. 329908, and the agreement by said corporation to build, operate and maintain on such land a building or buildings and other facilities for said purposes; or act in any other manner in relation thereto. ARTICLE 75. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1956 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 thirteenth day of February, A. D. , 1956. /al It Selectmen airi_ �! / / of Lexington r CONSTABLES RETURN To the Town Clerk February-0-2Y, 1956 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 lastresidence, as appears from the records of the Board of Registrars of" Voters //() days before the time of said meeting. Attest : e� Gpnstable of Lexington // 1