HomeMy WebLinkAbout1963-11-25-STM-Warrant 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 Cary Memorial Hall, in said Town,
on Monday, the twenty-fifth day of November, 1963, at 8:00 P.M. then and
thee to act on the following articles :
ARTICLE 1. To receive the reports of any board of Town Officers
or of any committee of the Town.
ARTICLE 2. To see if the Town will appropriate an additional sum
of money for Cary Memorial Library - Expenses Account for the balance of
the year 1963, and provide for payment thereof by transfer from available
funds, including unexpended balances in current appropriations ; or act in
any other manner in relation thereto.
ARTICLE 3. To see if the Town will appropriate an additional sum of
money for Interest on Debt for the balance of the year 1963, and provide
for payment thereof by transfer from available funds, including unexpended
balances in current appropriations; or act in any other manner in relation
thereto .
ARTICLE 4. To see if the Town will authorize the Selectmen to retain
engineering services and prepare plans for a system of sanitary sewers to
serve principally the Woodhaven area of the Town, and appropriate a sum of
money therefor and provide for payment by transfer from available funds,
including any special sewer funds and any unexpended balances in current
appropriations; or act in any other manner in relation thereto.
ARTICLE 5. To see if the Town will transfer a sum of money from
the Psr king Meter Fund for the purchase of additional parking meters;
or act in any other manner in relation thereto .
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sRTICTP 6. To see if the Town will vote to establish a. Lexington
Housing Authority under Section 26K of Chapter 121 of the General Laws,
as amended, and in that connection to make any and all determinations
and declarations deemed necessary or advisable; or act in any other
manner in relation thereto.
ARTICLE 7. To see if the Town will authorize and direct the Selectmen
to settle the claim of the Town against the Commonwealth of Massachusetts
for damages arising out of a taking by the Commonwealth of Town land
designated as Parcel No. 9-3-T in an order of taking dated August 29, 1961
and recorded in Middlesex South District Registry of Deeds, Book 9892,
Page 517-52L , and to execute and deliver a release of all demands against
the Commonwealth therefor.
ARTICLE 8. To see if the Town will appropriate money for the con-
struction of a sewer main or mains in Worthen Road from Bedford Street to
Massachusetts Avenue or other land as the Selectmen 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 determine whether
the money shall be provided by transfer from available funds, including any
special sewer funds and any unexpended balances in current appropriations,
or by borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
ARTICLE 9. To see if the Town will accept Section 8C of Chapter 40
of the General Laws which is an Act relating to the establishment, powers
and duties of conservation commissions in cities and towns, and will establish
under the provisions of said Section Sc of Chapter 40 a Conservation Commission
consisting of not less than three nor more than seven members; or act in any
other manner in relation thereto.
ARTICLE 10. To see if the Town will make a supplementary appropriation
to be used, in conjunction with and in addition to the money appropriated in
the vote adopted under Article 4 of the Warrant for the Special Town Meeting
held on January 28, 1963, for the relocation of fire alarm wires at the
Grove Street crossing over Route 128 as authorized in said vote, and provide
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for payment thereof by transfer from available funds, including any unex-
pended balances in current appropriations; or act in any other manner in
relation thereto.
ARTICLE 11. To see if the Town will authorize the Standing School
Building Committee to retain professional services and prepare final
plans and specifications and to obtain bids for alterations and additions
to the existing senior high school; and appropriate money for such purposes
and provide the money by transfer from available funds , including any
unexpended balances in current appropriations ; or act in any other manner
in relation thereto .
ARTICLE 12. To see if the Town will authorize the Standing School
Building Committee to retain professional services and prepare preliminary
plans, specifications and cost estimates for the construction of a new
elementary school building on the parcel of land situated on the southwesterly
side of Middleby Road that was acquired for school and other public purposes
in 1958, and appropriate money therefor and provide for payment thereof by
transfer from available funds, including any unexpended balances in current
appropriations ; or act in any other manner in relation thereto .
ARTICLE 13. To see if the Town will accept the provisions of Section
18A of the General Laws, as inserted by Section 1 of Chapter 409 of the
Acts of 1962, which is an Act authorizing the commonwealth, the metropolitan
district commission, and cities and towns to adopt rules regulating the use
of ways by pedestrians, and providing for the non-criminal disposition of
violations thereof; or act in any other manner in relation thereto.
ARTICLE 14. To see whether the Town will accept as a pert of the
Zoning By-Law of Lexington, Section 8 of Chapter 40A of the General Laws,
which provides that "After acceptance of this section or corresponding
provisions of earlier laws, as provided in section four of Chapter four,
no proposed ordinance or by-law making a change in any existing zoning
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ordinance or by-law, which has been unfavorably acted upon by a city
council or town meeting, shall be considered on its merits by the city
council or town meeting within two years after the date of such unfavorable
action unless the adoption of such proposed ordinance or by-law is recommended
in the final report of the planning board or selectmen required by section six. "
(Inserted at the request of ten or more registered voters. )
ARTICLE 15. To see if the Town will authorize the Selectmen to sell
and convey to the United States of America certain parcels of land now
held by the Town under foreclosed tax titles or otherwise and located
within the proposed Minute Man Historical Park, and will set the minimum
amount to be paid for such conveyance; or act in any other manner in
relation thereto.
ARTICLE 16. To see if the Town will vote to accept and designate as
the Lexington flag a flag presented to the Town by the United States Marine
Corps and to place such flag under the custody and control of the Selectmen
to be displayed, carried or flown at such times and places and on such oc-
casions and in such manner as the Selectmen shall from time to time determine;
or act in any other manner in relation thereto.
ARTICLE 17. To see if the Town will vote to authorize the Selectmen
to sell to Boston Edison Company for five hundred twenty-nine dollars
($529.00) seven (7) poles upon the School Department property of the Town
located on the northeasterly side of the intersection of Hancock and
Burlington Streets, and to execute in the name and behalf of the Town an
appropriate bill of sale conveying said poles to said company and such
instruments as they may deem proper to grant to said company authority to
maintain and use said poles; or act in any other manner in relation thereto.
ARTICLE 18. To see if the Town will vote to appropriate a sum of money
for Planning Board - Personal Services to be used for the services of a planriirg°
director for the period from January 1, 1964 through March 31, 1964 and
provide for payment thereof by transfer from available funds in the treasury;
or act in any other manner in relation thereto.
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ARTICLE 19. To see if the Town will vote to amend the Zoning By-Law
as follows :
I. By striking out paragraphs 2 and 3 of sub-section (g) of
Section 5 thereof, under the caption
"A 1 Districts. "
II. By striking out the words "or hotel" from paragraph 4 of
sub-section (g) of Section 5 thereof, under the caption "A 1 Districts, ",
so that said paragraph 4 shall read as follows :
"Buildings accessory to garden apartments may be erected,
but only with the approval of site, plans and building design by the Board
of Appeals . "
III. By striking out the words "or hotel" in the two places
where such words appear in paragraph 5 of sub-section (g) of Section 5
thereof, under the caption "A 1 Districts", so that said paragraph 5 shall
read as follows :
"5. Upon receipt of an application to determine that
a proposed garden apartment building and use, including the site, plans
and building design constitute a desirable development in and will not be
detrimental to the neighborhood, or an application to approve site, plans
and building design of proposed buildings accessory to garden apartments,
the Board of Appeals shall transmit to the Planning Board the application
and plans . The Planning Board shall consider the same and shall submit a
final report thereon with recommendation to the Board of Appeals . The
Board of Appeals shall not a.prove any such application or plans until such
final report of the Planning Board has been submitted to it or thirty days
have elapsed after the transmittal to the Planning Board of the application
and plans without such report being submitted. "
IV. By renumbering present paragraphs 4 and 5 of sub-section (g)
of Section 5 thereof so that said paragraphs shall be numbered 2 and 3
respectively.
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V. By striking out the words and punctuation "or hotel, or
both", from sub-paragraph 1-a of sub-section (f) of Section 8 thereof,
under the caption "A 1 Districts. ", so that said sub-paragraph 1-a shall
read as follows :
"For each lot on which garden apartments are to be erected. "
VI. By striking out from sub-paragraph 1-a ( 2) of sub-section
(f) of Section 8 thereof, under the caption "A 1 Districts . ", the figure "30"
wherever it appears, and by inserting in place thereof in each instance the
figure "40", so that said sub-paragraph shall read as follows:
"For each such building and accessory building, a front
yard of not less than 40 feet in depth on each street on which the lot abuts,
a side 'yard on each side of not less than 40 feet in width, and a rear yard
of not less than 40 feet in depth. These yards may be used for parking
areas if otherwise lawful. "
VII. By inserting after sub-paragraph 1-a (3) in sub-section (f)
of Section 8 thereof, under the caption "A 1 Districts", the following
sub-paragraph 1-a (4) to read as follows :
"(4) A minimum distance of 30 feet between buildings
and each building shall be surrounded by a fire lane, subject, however,
to the provision that buildings may be interconnected by corridors or
walkways, if provision is made for access by fire apparatus to all outside
walls . "
VIII. By striking out sub-section (g) of Section 3 thereof,
under the caption "Districts Defined", and by inserting in place thereof
the following:
"(g) Garden apartment districts" .
IX. By striking out the caption "A 1-Garden apartment and hotel
districts" of sub-section (g) of Section 4 thereof, and by inserting in
place thereof the following:
"A 1-Garden apartment districts".
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ARTICLE 20. To see if the Town will vote to amend the Zoning By-Law
by striking out present paragraph 3 of sub-section (g) of Section 4 thereof,
and by renumbering the present paragraph 4 of said sub-section as paragraph 3.
ARTICLE 21. To see if the Town will vote to amend the Zoning By-Law
by adding a new paragraph 2 to sub-section (i) of Section 4 thereof, to
read as follows :
"2. A district situated on the westerly side of the
State highway (Route 128) and the easterly side of Marrett Road bounded and
described as follows :
EASTERLY by the westerly side of the State highway (Route 128)
four hundred (400) feet, more or less; NORTHERLY by' other land of Frida
Semler Seabury and Arthur F. Hinds et als t,elve hundred sixty (1260) feet,
more or less ; EASTERLY by land of said Hinds one hundred seventy (170) feet,
more or less ; NORTHWESTERLY by land of Maurice D. Healy by two bounds, said
bounds being of two hundred ninety-two (292) feet, more or less, and two
hundred one (201) feet, more or less respectively; SOUTHWESTERLY by Marrett
Road nine hundred thirty (930) feet, more or less; SOUTHEASTERLY, SOUTHWESTERLY,
SOUTHEASTERLY, SOUTHWESTERLY as shown by land now or formerly of Grigor by
five bounds of twenty-eight (28) feet, more or less, two hundred three ( 203)
feet, more or less, seventy (70) feet, more or less, three hundred seventy
(370) feet, more or less; SOUTHERLY three hundred forty (340) feet, more or
less . To the point of beginning at the State highway (Route 128) . "
ARTICLE 22. To see if the Town will vote to amend the Zoning By-Law
by striking out the entire sub-section (f) of Section 14 therof and inserting
in place thereof the following :
"(f) Permit for two year terms a roadside stand for the
sale primarily of farm products grown within the town on land of the owner
of the stand. The sale from such stand of plants, flowers and fireplace
wood, and of poultry, eggs, vegetables, fruits, berries, preserves and other
edible farm products of a similar nature, produced or grown elsewhere than
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on the land of the owner of the stand, may be permitted provided that the
total dollar volume of annual sales of such products shall not exceed fifty
(50) per cent of the total dollar volume of annual sales of all products from
such stand. Except as provided in Section 14 (g) of this By-Law, the sale
from such'stand of all other products is expressly prohibited.
Off street parking must be provided, and all products must be
kept under cover, except that plants, flowers and fireplace wood may be
offered for sale outdoors .
ARTICLE 23. To see if the Town will vote to amend the Zoning By-Law
by adding, after sub-section (f) of Section 14, the following:
" (g) Permit during the appropriate season of any year
the sale of Christmas trees and Christmas greens . "
ARTICLE 24. To see if the Town will vote to amend the Zoning By-Law
as follows :
I. By adding to Section 5 thereof a new sub-section to read
as follows :
"(j) C 4 Districts
1. All buildings and uses that are permitted in R 1
districts, but subject to any conditions and restrictions set forth in
Section 5, sub-section (a) of this By-Law.
2. Subject to the provisions in this Section 5,
sub-section (h) , under the caption "Finding and Determination by the
Board of Appeals", the following buildings and uses :
a. Office buildings not exceeding two stories in
height.
b. Offices for administrative, executive, professional
and similar purposes .
c . Retail uses incidental to and in support of any uses
permitted in paragraph b above, such as cafeterias, soda or dairy bars, on
the same lot as the permitted use . Any such use shall be conducted primarily
for the convenience of employees, shall be wholly within a building, and shall
have no exterior advertising display. "
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II. By adding to Section 8 thereof a new sub-section (3) ,
to read as follows : -
"( j ) C 4 Districts
1. In C 4 districts there shall be provided for all
uses other than those permitted in R 1 districts : •
a. A lot containing an area of not less than 60,000
square feet and a frontage of not less than 175 feet on each street on
which the lot abuts.
b. A yard of not less than 50 feet in depth on each
street, limited access highway and district boundary on which the lot abuts ,
Within such 50 feet from each street and highway there shall be permitted
only (1) green areas of grass, plants, shrubs and trees, and (2) walks,
driveways and parking facilities occupying not more than 50 per centum of
the area.
c. On each lot a side yard on each side of not less
than 50 feet in width and a rear yard of not less than 50 feet in depth.
d. On each lot an open area, not -occupied by any
building, of not less than 75 per centum of the lot, which may be used
for parking if otherwise lawful.
e. On each lot, a parking area on the let,`= not located
within 25 feet of any street , limited access highway or district boundary,
and containing not less than one parking space, as hereinafter defined, for
each 100 square feet or fraction thereof of usable office floor space in said
buildings. Loading areas shall not be considered to be part of the parking
area. As used herein, the term "parking space" shall mean an area available
for parking one motor vehicle and having a width of not less than110 feet and
an area of not less than 200 square feet, exclusive of passageways and drive-
ways appurtenant thereto, and with free and nnimpeded access to a street over
unobstructed passageways or driveways .
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f. On each lot loading and unloading facilities
reasonably sufficient to serve the business conducted thereon without
using adjacent streets therefor, and not located within 50 feet of any
street, limited access highway or district boundary.
g. No open storage of materials or equipment in any
front yard, and none elsewhere unless (1) appropriately screened from view from
streets and public ways and from land not in a commercial or business district,
and (2) not detrimental to the appearance of an office-building area.
h. A minimum distance of 30 feet between buildings and
each building shall be surrounded by a fire lane, subject, however, to the prix- ' -
vision that buildings may be inter-connected by corridors or walkways, if
provision is made for access by fire apparatus to all outside walls .
III. By striking out the entire paragraph 24 of sub-section
(c) of Section 4 thereof, under the caption " C 1 - Local business districts. "
IV. By adding to Section LF thereof a new sub-section (j ),
to read as follows :
"( j ) C LE Small office districts".
1. 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 of Waltham
Street at the common boundary of Lexington and Waltham, thence running
southeasterly by the Lexington-Waltham common boundary line, three hundred
seventy (370) feet, more or less, 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 C)!)!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 , six hundred ninety-five (695) feet, more or
less, to the point of beginning.
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V. By inserting in Section 3 thereof a new sub-
section ( j) , to read as follows :
"( j) C i - Small Office districts. "
ARTICLE 25. To see if the Town will vote to amend the Zoning
By-Law by adding to subsection (g) of Section 4 thereof, under the
caption "A 1 - Garden apartment and hotel districts. ", a new paragraph
to read as follows :
A district situated on the northwesterly side of Worthen Road
bounded and described as follows : southeasterly by Worthen Road,
698 feet, more or less; southwesterly by land now or formerly of
Leeland Construction Company, Inc. , 449 feet, more or less; north-
westerly by land of Arthur C. and Florence B. Mtge, 25 feet, more
or less; southwesterly by land of said Huge, 611E feet, more or
less; northwesterly by land of said Ruge and land of Mary J. ,
John F. , Ralph L. and George E. Bullock, 815 feet, more or less;
northeasterly by land of John F. Murphy, Shirley Street, and land
of Albert J. Saganich, 299 feet, more or less; northwesterly by
land of said Saganich, John R. Jr. and Kathleen Driscoll and
Walter F. and Mary A. Spellman, 156 feet, more or less; northeasterly
by Sargent Street, 116 feet, more or less; southeasterly by land of
Edward P. and Gloria D. Colbert, 7 feet, more or less; northeasterly
by land of said Colbert and Alice T. McCarthy, 285 feet, more or less;
southeasterly by land of Custance Brothers, Inc. , 153 feet, more or
less; northeasterly by land of said Custance Brothers, Inc. and First
National Stores, Inc. , 502 feet, more or less.
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ARTICLE 26. To see if the Town will vote to amend the Zoning
Bylaw by adding at the end of Section 4, (g) A 1-Garden apartment and
hotel districts, the following new paragraph:
A district on the Southeasterly side of Hinchey Road and Hartwell
Avenue beginning at a point on the Southeasterly side line of said
Hartwell Avenue three hundred (300) feet distant from the Southwesterly
side of Bedford Street being bounded and described as follows :
Northeasterly by a line parallel to and three hundred (300) feet
distant from the Southwesterly side line of Bedford Street four hundred
seventy (L70) feet; Southeasterly by land now or formerly of Home
Guardian Co. , in two courses being two hundred fifty one and 3/10ths
(251.3 ) feet and five hundred eleven (511) feet respectively; South-
westerly by land now or formerly of Onel DeFlice, three hundred fifty
five (355) feet to the Southeasterly boundary of Hinchey Road; North-
westerly by said Hinchey Road in two courses being three hundred eighty
three and 1/10th (383.1) feet and one hundred fourteen and 5/10ths
(11 ..5) feet; respectively; Northeasterly by said Hinchey Road fifty
five (55) feet; Northwesterly by said Hinchey Road one hundred twenty
(120) feet; Southwesterly by said Hinchey Road fifty five (55) feet;
Northwesterly by said Hinchey Road one hundred (100) feet; Northwesterly
by the Southeasterly side line of Hartwell Avenue ninety seven (97) feet
to the point of beginning.
(Inserted at the request of ten or more registered voters . )
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ARTICLE 27. To see if the Town will provide for a Standing
Plumbing and Building By-Law Committee to consider revision of the
Plumbing By-Law and Building By-Law of the Town and report its
recommendations thereon to a subsequent town meeting and from time
to time thereafter to consider further revisions as said committee
may deem necessary or advisable and report its recommendations
thereon to future town meetings; and appropriate money therefor
and determine whether the money shall be provided by transfer from
available funds; 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 fourth day of
November, A. D. , 1963.
.64...7,7 - 4)-,,,-3-_--t- - _ Selectmen
V .
of
4-�L'-c-circ .(a � ) Lexington
1 : ,L,,1
CONSTABLE'S RETURN
To the Town Clerk: November /3 , 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 copy of such warrant addressed
to every registered voter of the Town at his last residence, as
appears from the records of the Board of Registrars // days
before the time of said meeting.
Attest: C
Constable of Lexington