HomeMy WebLinkAbout1963-03-04-TE-Warrant-and-1963-03-18-ATM-Warrant j TOWN WARRANT
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, HARRINGTON SCHOOL; PRECINCT-,TWO, ADAMS SCHOOL; Fttr.CINCT
THREE, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT
FIVE, CENTRAL FTR1' STATION; PRECINCT SIX, MARIA HASTINGS SCHOOL, on
Monday, the 4th day of March, A.D., 1963 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;
to
One member of the School Committee/fill an unexpired term ending March 1964;
One Cemetery Commissioner for the term of three years;
One member of the Planning Board for the term of five 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 for the term of one year;
Two Constables for the term of one year;
Twelve Town Meeting Members in Precinct One, the eleven receiving the
highest number of votes to serve for the term of three years, and the
one receiving the next highest number of votes to fill an unexpired
term ending March 1965;
Thirteen Town Meeting Members in Precinct Two, the eleven receiving the
highest number of votes to serve for the term of three years, and the
two receiving the next highest number of votes to fill unexpired terms
ending March 1965;
Thirteen Town Meeting Members in Precinct Three, the eleven receiving the
highest number of votes to serve for the term of three years, the one
receiving the next highest number of votes to fill an unexpired term
ending March 1965, and the one receiving the next highest number of
votes to fill an unexpired term ending March 1964;
Fourteen Town Meeting Members in Precinct Four, the eleven receiving the
highest number of votes to serve for the term of three years, the-
two receiving the next highest number of votes to fill unexpired
terms ending March 1965, and the one receiving the next highest
number of votes to fill an unexpired term ending March 1964;
Eleven Town Meeting Members in Precinct Five for the term of three years;
Twelve Town Meeting Members in Precinct Six, the eleven receiving the
highest number of votes to serve for the term of three years, and the
one receiving the next highest number of votes to fill an unexpired
term ending March 1965.
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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 eighteenth day of March,
1963, 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, as
amended, and subject to the referendum provided for by Section eight
of said Chapter, as amended.
ARTICLE 2. To receive the reports of any Board of Town Officers
or of any Committee of the Town.
ARTICLE 3. To appoint or provide for the appointment of the
Committee on Lectures under the wills of Eliza Cary Farnham and
Susanna E. Cary.
ARTICLE L1.. 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
compensation of the Town Treasurer, Town Clerk, and 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.
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ARTICLE 6. 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, 1964, and to issue bonds 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 7. To see if the Town will transfer unexpended appropri-
ation balances in any of the accounts to the Excess and Deficiency
Account, or to other accounts suitable for such transfer under Chapter
IIII of the General Laws, or act in any other manner in relation thereto.
ARTICLE S. 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.
ARTICLR 9. 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 10. To see if the Town will authorize the Selectmen to
petition the Director of Accounts of the State for an audit for the
year 1963, or act in any other manner in relation thereto.
ARTICLE 11. To see if the Town will raise and appropriate funds
for the payment of pensions to retired members of the Police and Fire
Departments and their dependents under Chapter 32 of the General Laws,
or act in any other manner in relation thereto.
ARTICLE 12. 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.
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ARTICLE 13. To see if the Town will authorize the Selectmen to
sell and convey all or any part of 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.
ARTICLE 14. 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, subject to the assessment of
betterments or otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary
therefor; 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 15. To see if the Town will vote to install sewer mains
in such accepted or unaccepted streets or other land as the Selectman
may determine, subject to the assessment of betterments or otherwise,
in accordance with Chapter 504 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 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.
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ARTICLE 16. 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, 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 or by borrowing, or by any
combination of these methods; or act in any other manner in relation
thereto.
ARTICLE 17. 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 relation thereto.
ARTICLE 18. To see if the Town will authorize the Selectmen to
install curbing 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 19. 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.
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ARTICLE 20. 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 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 appropriate a sum of money for
permanent street construction 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 22. 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.
ARTICLE 23. 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 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.
ARTICTF. 2)1 . To see if the Town will make supplementary appropri-
ations to be used in conjunction with money appropriated in prior years
for the installation or construction of water mains, sewers, drains,
streets, or buildings that have heretofore been authorized, 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.
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ARTICLE 25. 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 1964 Annual Town Meeting; or act in any other
manner in relation thereto.
ARTICLE; 26. 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 27. To see if the Town will authorize the Selectmen to
appraisals on and
obtaix/ 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
by purchase, eminent domain, or otherwise, the land or rights therein
praisalsthatd are recommended for such purposes; appropriate money for such ap-
options and land acquisition and determine whether the same 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 28. 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.
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ARTICLE 29. To see if the Town will raise and appropriate money
to be expended by the Selectmen as authorized by Chapter 570 of the Acts
of 1962 for reimbursing subdividers for part of the cost of constructing
ways or installing municipal services, as required by the Planning Board
in its approval of definitive subdivision plans under the Subdivision
Control Law, of a greater width or size than would be required to
serve the subdivision alone, the reimbursement as to any subdivision
not to exceed the amount recommended by the Planning Board; or act in
any other manner in relation thereto.
ARTICT,F 30. To see if the Town will authorize the Selectmen,
acting as a Board of Public Works, to relocate a 12" water main under
Grove Street as relocated and through the new Grove Street Bridge over
Route 128 to the extent deemed necessary as a result of the
reconstruction of Route 128 by the Commonwealth, and to enter into a
contract with the Commonwealth of Massachusetts represented by its
Department of Public Works for the apportionment of the work, the
expense' and the future maintenance of said water main; and
appropriate money therefor and determine whether payment 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 31. To see if the Town will provide for and authorize
a committee to make a study of the General By-Laws of the Town,
prepare a revision thereof and report its recommendations thereon to
a subsequent town meeting; and appropriate money therefor 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.
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ARTICLE 32. To see if the Town will provide for and authorize
a committee to study and make recommendations as to the needs of the
town relative to providing public facilities in or near the Battle
Green District, so-called, or other areas in the town, and as to
measures that might be taken to fulfill such needs.
ARTICLE 33. To see if the Town will accept Section 9A of
Chapter 53 of the General Laws, as inserted by Section 1 of Chapter
249 of the Acts of 1962, which is an Act regulating the issuance
of nomination papers for use in city and town primaries and elections,
and providing a limit to the number of such papers obtainable.
ARTICLE 34. To see if the Town will vote to amend the Building
By-Law as follows:
1. By inserting in ARTICLE III thereof at the beginning of
the sentence defining the word "Basement" the following words
"Unless otherwise provided, " so that said definition shall read
as follows:
BASEIENT: Unless otherwise provided, that portion of a
building that is partly or wholly below the finished grade
and which has a minimum of one half its height, measured
from finished floor to finished ceiling, below the average
finished grade of the ground adjoining the building.
2. By inserting at the end of Section 2. D. of ARTICLE XX
thereof the following sentence:
"For the purpose of this Section 2.D., the word tbasementt
shall mean that portion of a building that is wholly or
partly below the finished grade of the ground adjoining
the building."
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3 . By adding to Section 4. B. of ARTICLE XIV thereof the
following:
h. In a 1 story building the minimum thickness of
any wall which does not exceed forty (40) feet in length
if unsupported laterally in a manner approved by the
Building Inspector as adequate to furnish the necessary
support and which does not exceed ten (10) feet in height need
not exceed eight (8) inches, provided such building does
not exceed one thousand (1000) square feet in area.
ARTICLE 35. To see if the Town will vote to amend Section 5,
Permitted Buildings and Uses, of the Zoning By-Law by striking out
sub-paragraph 1 of paragraph (c) C 1 Districts, and inserting in
place thereof the following:
"1. Retail stores including retail liquor stores,
if otherwise lawful."
ARTICLE 36. To see if the Town will authorize the Selectmen
to publish as a part of the annual town report for the year 1963,
or otherwise, a list of the real estate assessments in the town as
of January 1, 1963 in such form and containing such information as
the Selectmen shall determine, and raise and appropriate money therefor
and determine whether payment shall be provided by the current tax
levy or by transfer from available funds; or act in any other manner
in relation thereto.
ARTICLE 37 . To see if the Town will adopt a resolution recommending
to the General Court legislation to amend the laws relative to
exemption from real estate taxation to remedy the disproportionate
effect on such exemptions resulting from the assessment of full and
fair cash valuations in certain cities and towns; or act in any other
manner in relation thereto.
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ARTICLE 38 . To see if the Town will vote to approve a change in
a part of the boundary line between Lexington and Winchester approximately
as shown and indicated "Proposed Town Line" on a plan entitled
"Lexington-Winchester Town Line Scale 1 in. = 40 ft." dated Dec. 13, 1962,
and to take such other and further action as shall be required by the
provisions of Chapter 157 of the Acts of 1962 to effect such change; or
act in any other manner in relation thereto.
ARTICLE 39. To change to Volunteer Way the name Winter Street, for
that part of an accepted way extending from Grove Street southwesterly
as shown on two plans on file in the office of the Town Clerk, one of
which plans is entitled 'Plan of Winter St . Lexington, Mass." , dated
Sept . 7, 1957, Richard J. Gayer, Town Engineer, and the other of which
plans is entitled "Plan of Winter Street Lexington-Mass . ", dated
Jan. 7, 1963, John J. Carroll, Town Engineer.
ARTICLE 40. To see if the Town will accept a gift from the Gridiron
Club of Lexington of a football scoreboard for the High School Varsity
football field, appropriate money for the erection, installation, and
maintenance of the scoreboard and determine whether the same 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 41. To see if the Town will authorize construction and
installation of a Civil Defense alarm system, appropriate money therefor
and provide for payment by transfer from available funds, including unex-
pended balances in current appropriations; or act in any other manner in
relation thereto.
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ARTICLE 42. To see if the Town will authorize the installation of
mechanical ventilation and stand-by emergency electrical power in certain
buildings owned by the Town for the purpose of adapting such buildings or
sections thereof for use as fallout shelters; and appropriate money therefor
and determine whether the money shall be provided by the current tax levy
or by transfer from available funds, including unexpended balances in
current appropriations, or by any combination of these methods; or act in
any other manner in relation thereto.
ARTICLE 43. To see if the Town will authorize the Selectmen to obtain
appraisals on and options for land or rights therein that it desires to
recommend be acquired by the Town as locations for future streets or for
school, playground and other public purposes and will authorize the Select-
men to acquire by purchase, eminent domain, or otherwise, the land or rights
therein that are recommended for such purposes; appropriate money for such
.appraisals and
/ options and land acquisition and determine whether the same shall be pro-
vided 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 44. To see if the Town will authorize the Selectmen on behalf
of the Town to purchase, take by eminent domain or otherwise acquire for
school, playground and other public purposes all or any part of a parcel of
land situated on and off Marrett Road and northerly of said Marrett Road,
said parcel consisting of the land substantially as described in a deed
dated January 9, 1943 and recorded in Middlesex South District Registry of
Deeds, Book 6656, Page 319, and the land substantially as described in a
deed dated January 24, 1955 and recorded in said Deeds, Book 8401, Page 98,
and the land substantially as described in a deed dated February 23, 19M1
and recorded in said Deeds, Book 6761, Page 387; and appropriate money
therefor 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.
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ARTICLE 45. To see if the Town will authorize theSeleetmen on behalf
of the Town to purchase, take by eminent domain or otherwise acquire for
sehaol, playground and other public purposes all or any part of a parcel of
land consisting of Lots 49-74, inclusive, in Block 1, Lots 23-111 , inclusive,
in Block 4; Lots 20-38, inclusive, in Block 15, Lots 36 and 37 in Block 20,
Lots 17, 18, 34 and 35 in Block 21, Lots 16, 17, 32 and 33 in Block 22,
Lots 15, 16, 31 and 32 in Block 23, Lots 26 and 27 in Block 57, and all lots
in Blocks 5-14, inclusive, and in Blocks 58 and 59, all as shown on a plan
entitled "Plan of Lots At Lexington Heights Owned by M. C. Meagher", sur-
veyed by E. A. W. Hammatt, C.E. , dated July 1892, recorded in Middlesex
South District Registry of Deeds, Plan Book 77, Plan 21! ; and appropriate
money therefor 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.
ARTICLE 46. To see if the Town will authorize the Selectmen on behalf
of the Town to purchase, take by eminent domain or otherwise acquire for
playground and recreational purposes and other public purposes all or any
part of a parcel of land situated southwesterly of Concord Avenue and
bounded in part by Concord Avenue, said parcel of land consisting of the
land substantially as described in a deed recorded in Middlesex South Dis-
trict Registry of Deeds, Book 73111i , Page 227, and the land shown as Lot 2
on Land Court Plan 22262A; and appropriate money therefor 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.
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ARTICLE 47. To see if the Town will authorize the Selectmen to
purchase, take by eminent domain or otherwise acquire for playground and
recreational purposes and other public purposes all or any part of a parcel
of land believed to contain 36 acres, more or less, situated in East
Lexington and bounded northwesterly by other land of the Town; northeasterly
by the Lexington-Winchester town line and southeasterly by the Lexington-
Arlington town line, said parcel being the land substantially as described
in three deeds recorded in Middlesex South District Registry of Deeds, Book
9596, Page 406, Book 911112, Page 113, and Book 6918, Page 184; and appropri-
ate money therefor and determine whether payment 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.
ARTICT,F. 48. To see if the Town will authorize the Selectmen to pur-
chase, take by eminent domain or otherwise acquire for playground and
recreational purposes and other public purposes a parcel of land on the
southwesterly side of Winchester Drive, bounded southwesterly by other land
of the Town and believed to contain 8000 square feet, more or less , and
being the land substantially as described in a deed recorded in Middlesex
South District Registry of Deeds, Book 9962, Page 11111; and appropriate money
therefor and determine whether payment 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 .
ARTICLE 49. To see if the Town will vote to amend the Zoning By-Law
by adding at the end of Section 4 (i) , CH 1 - Commercial and hotel districts,
the following:
2. A district on the southwesterly side of the Cambridge-Concord
Highway (Route 2) and the easterly side of the Northern Circumferential
Highway (Route 128) and on both sides of Spring Street bounded and described
as follows:
Beginning at the intersection of the common boundary of Lexington and
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Waltham and the easterly side line of the Northern Circumferential Highway
(Route 128) , thence northerly along the easterly line of the Northern
Circumferential Highway (Route 128) to the intersection of the easterly
line of said highway and the southeasterly line of the Route 2-Route 128
interchange, so-called; thence northeasterly and easterly along the south-
easterly and southerly lines of said interchange to the southerly line of
the Cambridge-Concord Highway (Route 2) ; thence southeasterly along the
southerly line o1' said highway to a point; said point being 1026 feet
southeasterly of the intersection of the easterly line of Spring Street as
existing January 1, 1963 and said southerly line of said Cambridge-Concord
Highway as existing January 1, 1963; thence southwesterly in a straight
line to a point in the common boundary of Lexington and Waltham, said point
being 726 feet easterly of the intersection of said easterly line of Spring
Street and said common boundary of Lexington and Waltham; thence westerly
along said boundary line to the point of beginning.
ARTICLE 50 . To see if the Town will vote to amend the Zoning By-Law
by adding to sub-section (a) , R-1 Districts, in Section 5, Permitted Build-
ings and Uses, at the end and as a part of paragraph 7, the following:
h. Golf courses with the exception of miniature golf, novelty,
pitch and putt installations and golf driving ranges all of which are hereby
expressly prohibited.
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ARTICLE 51. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Alcott Road from Burroughs
Road a distance of 1546 feet, more or less, westerly to Thoreau Road
as laid out by the Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 7, 1963, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; and raise and appropriate money for the con-
struction of said street and for land acquisition; or act in any other
manner in relation thereto.
ARTICLE 52. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Baskin Road from Loring
Road a distance of 1393 feet, more or less, as laid out by the Selectmen
and shown upon a plan on file in the office of the Town Clerk, dated
January 7, 1963, and to take by eminent domain, purchase 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 53. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Bowser Road from Saddle
Club Road a distance of 966 feet, more or less, southerly to Todd Road
as laid out bit the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 7, 1963, and to take by eminent
domain, purchase 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.
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ARTICTF 54. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Brown Road from Burnham
Road a distance of 6L8 feet, more or less, easterly, as laid out by
the Selectmen and shown upon a plan on file in the office of the Town
Clerk, dated January 7, 1963, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land neces-
sary 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 55. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Burroughs Road from East
Street a distance of 2253 feet, more or less, northerly and westerly
to Thoreau Road as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk, dated January 7, 1963, and to
take by eminent domain, purchase 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 56. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Constitution Road from
Oxbow Road a distance of 937 feet, more or less, easterly and southerly,
as laid out by the Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 7, 1963, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; and raise and appropriate money for the con-
struction of said street and for land acquisition; or act in any other
manner in relation thereto.
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ARTICLE 57• To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Cooke Road from Douglas
Road a distance of 1540 feet, more or less, to Fulton Road as laid out
by the Selectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 7, 1963, and to take by eminent domain, purchase
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 58. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Douglas Road from East
Street a distance of 2191 feet, more or less, easterly as laid out by
the Selectmen and shown upon a plan on file in the office of the Town
Clerk, dated January 7, 1963, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land neces-
sary 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 59, To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Fulton Road from 170 feet
north of Rolfe Road a distance of 655 feet, more or less, northerly to
Douglas Road as laid out by the Selectmen and shown upon a plan on file
in the office of the Town Clerk, dated January 7, 1963, and to take by
eminent domain, purchase 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.
i
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ARTICLE 60. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Freemont Street from Con-
stitution Road a distance of 503 feet, more or less , northerly as laid
out by the Selectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 21, 1963, and to take by eminent domain, purchase
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 61. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Jeffrey Terrace from Darner
Road a distance of 378 feet, more or less, easterly as laid out by the
Selectmen and shown upon a plan on file in the office of the Town Clerk,
dated January 7, 1963, and to take by eminent domain, purchase or other-
wise 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 62. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Lillian Road from A0 feet
south of Anthony Road a distance of 232 feet, more or less, southerly
as laid out by the Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 7, 1963, and to take by eminent domain,
purchase 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.
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ARTICLE 63. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Oxbow Road from Revolutionary
Road a distance of 2030 feet, more or less, northerly as laid out by the
Selectmen and shown upon a plan on file in the office of the Town Clerk,
dated January 7, 1963, and to take by eminent domain, purchase or other-
wise 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 6L . To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Roosevelt Road from 200
feet west of Wilson Road a distance of 128 feet, more or less, westerly
as laid out by the Selectmen and shown upon a plan on file in the office
of the Town Clerk, dated January 7, 1963, and to take by eminent domain,
purchase 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, Saddle Club Road from
Grant Street a distance of 938 feet, more or less, easterly as laid out
by the Selectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 7, 1963, and to take by eminent domain,
purchase 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.
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ARTICLE 66. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Ross Road from Paul Revere
Road a distance of 956 feet, more or less, to Oxbow Road as laid out
by the Selectmen and shown upon a plan on file in the office of the
Town Clerk, dated January 7, 1963, and to take by eminent domain, purchase
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 67. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Todd Road from Grant Street
a distance of 750 feet, more or less, easterly as laid out by the
Selectmen and shown upon a plan on file in the office of the Town Clerk,
dated January 7, 1963, and to take by eminent domain, purchase or other-
wise 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 68. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Ames Avenue from Carville
Avenue a distance of 600 feet, more or less, easterly to Baker Avenue
as laid out by the Selectmen under the Betterment Act and shown upon a
plan on file in the office of the Town Clerk, dated January 7, 1963,
and to take by eminent domain, purchase 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.
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ARTICLE 69. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Drew Avenue from Bow
Street a distance of 270 feet, more or less, westerly to Cliffe Avenue
as laid out by the Selectmen under the Betterment Act and shown upon a
plan on file in the office of theTown Clerk, dated January 7, 1963, and
to take by eminent domain, purchase or otherwise acquire any fee, ease-
ment 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 70. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Eastern Avenue from School
Street a distance of 1135 feet, more or less, easterly to Fairland 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 7, 1963, and
to take by eminent domain, purchase or otherwise acquire any fee, ease-
ment 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 71. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Freemont Street from Cedar
Street a distance of 1290 feet, more or less, southwesterly to Battle
Green Village Development 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 7, 1963, and to take by eminent domain, purchase 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 combination
of these methods; or act in any other manner in relation thereto.
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ARTICLE 72. To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Manning Street from
Bedford Street a distance of 505 feet, -more or less, westerly to Milk
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 7,
1963, and to take by eminent domain, purchase 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 73 . To see if the Town will vote to establish as a town
way, and accept the layout of as a town way, Winter Street from Rangeway
a distance of 481 feet, more or less, westerly 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 7, 1963, and to take by eminent
domain, purchase 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.
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ARTICLE 74 . To see if the Town will vote to amend the General
By-Laws by adding one new section under Article XXII, Removal of Snow
and Ice, substantially as follows:
No owner or agent having charge of any building
abutting on a sidewalk, within the limits hereinafter
defined, shall place, or permit or suffer to remain
for more than four hours between sunrise and sunset,
any snow or ice upon such sidewalk, unless such lee
is made even and covered with sand, sawdust, earth or
ashes to prevent slipping.
Until otherwise determined said limits shall be the
sidewalks along Woburn and Lowell Streets within the
C-1 District at their intersection.
(Inserted at the request of ten or more registered
voters. )
ARTICLE 75 . "To see if the Town will appropriate a sum of money
to be expended under the direction of the Board of Health for providing
cooperative complementary facilities to the out-patient clinic of the
Mystic Valley Children's Clinic established in accordance with the
provisions of Chapter 123 of the General Laws in cooperation with the
Massachusetts Department of Mental Health, and for providing payment
for services rendered or to be rendered by such Clinic, or act in any
other manner in relation thereto.'
(Inserted at the request of ten or more registered voters . )
ARTICLE 76. To see if the Town will vote to amend the Zoning By-Law
of the Town of Lexington, sub-section 6, Section 5 (Permitted Buildings
and Uses) Section (c) C 1 District (Providing for permission from the
Board of Appeals) by adding the following at the end of said section:
'The erection and maintenance of multiple dwelling units not to exceed
ten (10) units provided there shall be not less than one and one-half
(11) reasonable, accessible off-street parking spaces for each dwelling
unit, or act in any other manner in relation thereto."
(Inserted at the request of ten or more registered voters. )
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ARTICLE 77 . To see if the Town will vote to amend the Zoning
By-Law of the Town of Lexington Section 4 (c) C 1 Local Business
Districts by adding at the end thereof the following: "A district
on the northeasterly side of Bedford Street beginning at a stone bound
on the easterly side of Bedford Street and land formerly of Middlesex
and Boston Street Railway Company; thence northeasterly by land formerly
of the Middlesex and Boston Street Railway 212.52 feet to land of Johnson;
thence in a southerly direction 215.74 feet to Larchmont Lane; thence
southwesterly by two lines, 67.03 and 25.64 feet to Bedford Street;. thence
northwesterly along the northeasterly line of Bedford Street 141.65 feet
to the point of beginning." Said land is more fully shown on a plan
entitled "Plan of Lots in Lexington, Mass." dated March 9, 1960,
Albert A. Miller, Wilbur C. Nylander."
"The said parcel is contiguous to and intended as an extension of
the parcel described in said Section and sub-section being Paragraph
numbered 4 , or act in any other manner in relation thereto."
(Inserted at the request of ten or more registered voters. )
ARTICLE 78 . To see if the Town will vote to amend the Zoning By-Law
by adding at the end of Section L , (c) C-1 Local Business Districts, the
following new paragraph:
A district on the Easterly side of Waltham Street, partly adjacent
to the common boundary line of Lexington and Waltham, bounded and
described as follows:
Beginning at a point on the easterly side line of Waltham Street at
a point distant Three Hundred Fifty (350) feet north of the common
boundary of Lexington and Waltham, thence running southeasterly by land
of Leonard V. Short (presently zoned in the C-1 district), Two Hundred
(200) feet, thence running to the Lexington-Waltham common boundary line
by a line Two Hundred (200) feet easterly of and parallel to the easterly
side line of Waltham Street, thence running southeasterly by the Lexington-
Waltham common boundary line, One Hundred Seventy (170) feet more or less,
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to land now or formerly of Salvatore Ricci, thence running northeasterly
by land now or formerly of said Ricci, Three Hundred Seventy-five (375)
feet, more or less, thence running northerly by land now or formerly of
said Ricci to land of Leonard V. Short, Four Hundred Forty-two (14) 2) feet,
more or less, thence running westerly by land of said Short, Two Hundred
Forty (240) feet, more or less, to Waltham Street, thence southwesterly
by Waltham Street, Three Hundred Forty-five (315) feet, more or less,
to the point of beginning.
(Inserted at the request of ten or more registered voters. )
ARTICLE 79. " To see if the Town will amend the present "zoning
By-Law" by changing certain land hereinafter described from an R I
(one family dwelling district) to A I (garden apartment and hotel
district) as shown on the present zoning map of the Town of Lexington
dated 1950 as amended to July 16, 1962".
Description of Premises
A certain parcel of land situated on Worthen Road, presently being shown
plan
on a sketch/or plot plan hereto annexed entitled "plot plan of land in
Lexington, Mass - scale 1" = 1001 dated January 21, 1963, Albert A. Miller
& Wilbur C. Nylander, Civil Engineers and Surveyors, being more particularly
bounded and described as follows:
Northwesterly by Worthen Road, 389 feet, more or less; Northeasterly by
land now or formerly of Rayco Realty Trust, 507 feet, more or less;
Southeasterly by land now or formerly of John P. & Loretta B. Whalen and
Town of Lexington, 389 feet, more or less; Southwesterly by land now or
formerly of Roman Catholic Archbishop of Boston, 14.27 feet, more or less;
Said premises containing according to said plan presently 4.1 acres tore
or less. However, said premises to be subject to an actual physical
survey and new plan to be prepared and on approval of the Planning Board
to be filed with Middlesex South District Registry of -Leeds.
(Inserted at the request of ten or more registered voters. )
V
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ARTICLE 80 . To ,see if the Town will vote to amend the Zoning
By-Law by adding at the end of Section 4(i) CH1 - Commercial and Hotel
Districts, the following new paragraph:
"2. A district on the southwesterly side of the Cambridge-Concord
Highway (Route 2) and the easterly side of the Northern Circumferential
Highway (Route 128) and on both sides of Spring Street consisting of the
following two parcels:
(a) Beginning at the intersection of the southerly line of the
Cambridge-Concord Highway (Route 2) and the westerly line of Spring Street,
thence southerly along the westerly line of Spring Street to the common
boundary of Lexington and Waltham; thence westerly along the common boundary
of Lexington and Waltham to the easterly line of the Northern Circumferential
Highway (Route 128) ; thence northerly along the easterly line of the Northerly
Circumferential Highway (Route 128) to the intersection of the easterly line
of the Northern Circumferential Highway (Route 128) and the southeasterly
line of Route 2-Route 128 Interchange, so-called, thence northeasterly
and easterly along the southeasterly and southerly lines of said Inter-
change to the southerly line of the Cambridge-Concord Highway (Route 2) ;
thence southeasterly along the southerly line of the Cambridge-Concord
Highway (Route 2) to the point of beginning.
(b) Beginning at the intersection of the southerly line of the
Cambridge-Concord Highway (Route 2) and the easterly line of Spring
Street, thence southerly along the easterly line of Spring Street to
the common boundary of Lexington and Waltham; thence westerly along the
common boundary of Lexington and Waltham over land now or formerly of
William F. and Eileen Cowles to the point at which such common boundary
intersects the westerly line of a right of way for pipeline of
Algonquin Gas Transmission Company shown on a plan recorded in Middlesex
South District Registry of Deeds as Plan No. 2078 of 1955, Book 8607,
Page 53; thence northerly along the westerly line of such right of way to
land now or formerly of Carrie L. Pilkington and Florence Baldwin; thence
northeasterly 1432 feet mote or less across such Pilkington and Baldwin
land along a line parallel to, northwesterly of and 20 feet from a survey
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line shown on a plan entitled "Proposed Right of Way for Pipeline
Across the Property of Carrie L. Pilkington and Florence Baldwin"
numbered L-451-EE and recorded in Middlesex South District Registry
of Deeds as Plan No. 364 of 1952, Book 7879, Page 377, to the
southwesterly line of Concord Avenue; thence northwesterly along
Concord Avenue to the intersection of Concord Avenue and the southerly
line of the Cambridge-Concord Highway (Route 2); thence along the
southerly line of the Cambridge-Concord Highway (Route 2) to the
point of beginning."
(Inserted at the request of ten or more registered voters.)
ARTICLE 81. To see if the Town will vote to amend the Zoning By-Law
of the Town of Lexington Section 4 (h) C 3 Special Co,nmercial Districts, by
adding the following at the end of said section: "A certain parcel of land
situated at the southwesterly side of Cambridge-Concord Highway and more
fully bounded as follows: Starting at a point on the westerly side of
Spring Street at the Cambridge-Concord Highway and running southerly along
the westerly side of Spring Street One Hundred Forty-two and 5/10 (142.5)
feet to land now or formerly of Gallagher; thence turning and running
westerly along Gallagher land Six Hundred Twelve (612) feet more or less
to a stone wall; thence turhing and running northwesterly by said stone wall
Five Hundred Eighteen and 02/100 (518.02) feet more or less to land now or
formerly of the Commonwealth of Massachusetts; thence turning and running
easterly by said land Two Hundred Ninety-five and 32/100 (295.32) feet
more or less to the State Highway Location Line; thence turning and running
southeasterly by said State Highway Location Line Four Hundred Fifty-nine
and 78/100 (459.78) feet more or less to a point; thence turning and running
northeasterly Thirty-three (33) feet to the Cambridge-Concord Highway; thence
turning and running southeasterly .by said Cambridge-Concord Highway Two
Hundred Thirty-five and 43/100 (235.1.13) feet to the point of beginning.
Intending to include and herein included, regardless of how otherwise the
same may be more fully described, the parcels of land shown on plans recorded
in Middlesex South District Registry of Deeds in Book 7333, Page 112, and
in Book 7419, Page 77, excepted and excluded therefrom the portions thereof
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taken by the Commonwealth of Massachusetts for State Highway Relocation"
or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters. )
ARTICLE 82. To see if the Town will vote to amend the Building By-Law
of the Town of Lexington as follows:
Article IX, Section 1 by inserting after sub-section B:
"1. Modified Second-Class Construction. A building of modified
second-class construction shall consist of all exterior walls of
masonry, re-inforced concrete or other equally fire resistive materials,
provided that all bearing walls shall have a minimum fire rating of
one (1) hour . The interior and structural elements wholly or partly
of wood or of steel or iron which is not protected as required for
first-class construction . "
Article XI by striking out Section 2 as it appears therein and in-
serting the following:
"Section 2. Second Class and Modified Second Class Construction
A. Every building hereafter constructed or altered, and
every extension of or addition to every building now existing or
hereafter constructed or altered, to be used as a public building,
store, school, office building, factory or mercantile establishment,
shall be of not less than second-class construction.
B. Every apartment building if less than three stories in
height hereafter constructed or altered and every extension of or
addition to every such apartment now existing or hereafter constructed
or altered shall be of not less than modified second-class construction",
or act in any other manner in relation thereto .
(Inserted at the request of ten or more registered voters. )
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ARTICLE 83. To see if the Town will vote to amend the Zoning By-Law
by adding at the end of paragraph 22 of Section 4 (c) Cl - Local business
districts - the following sentence: Provided, however, that the distance
extended along the southeasterly side line of Woburn Street in a south-
westerly direction from the southwesterly intersection of Woburn and Lowell
Streets shall be 267.30 feet .
ARTICTJ? 84. To see if the Town will vote to extend to a subsequent
town meeting the time within which the Historic Districts Study Committee
appointed under Article 8 of the Special Town Meeting of January 28, 1963
shall report; or act in any other manner in relation thereto.
ARTICT,F 85. To see if the Town will vote to appropriate a sum of
money from available funds toward the reduction of the 1963 tax rate, or
act in any other manner in velation 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 eleventh day of February, A.D. ,
1963.
<CA:-, eck
,gee Selectmen
C0 i � _ . of
J � t
Lexington
i
L /7/:
N
CONSTABT,F 'S RETURN
To the Town Clerk: Feburary U , 1963
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 oopy 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 /0 days before the time of said meeting.
Attest :
Constable of Lexington