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HomeMy WebLinkAbout1964-03-02-TE-Warrant-and-1964-03-16-ATM-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 their respective voting places in said Town, PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, ADAMS SCHOOL; PRECINCT THREE, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CENTRAL FIRE STATION; PRECINCT SIX, MARIA HASTINGS SCHOOL, on Monday, the 2nd day of March, A.D. , 1964, 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 : One Selectman for the term of three years ; Two members of the School Committee for the term of three years ; One member of the School Committee to fill an unexpired term ending March, 1965; 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 for the term of one year; Two Constables for the term of three years; 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; Twelve Town Meeting Members in Precinct Two, the eleven receiving the highest number of votes to serve for the terns of three years , and the one receiving the next highest number of votes to fill an unexpired term ending March, 1966; Thirteen Town Meeting Members in Precinct Three, 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 unexjiired terms ending March, 1965; Twelve Town Meeting Members in Precinct Four, 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, 1966; Thirteen Town Meeting Members in Precinct Five, 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, 1966; Eleven Town Meeting Members in Precinct Six for the term of three years ; -2- Four members of the Lexington Housing Authority, the one receiving the highest number of votes to serve for the term of five years, the one receiving the next highest number of votes to serve for the term of four years, the one receiving the next highest number of votes to serve for the term of two years, and the one receiving the next highest number of votes to serve for the term of one year . To vote YES or NO by ballot on the following question: "Shall the town pay one half the premium costs payable by a retired employee for group life insurance and for group general or blanket hospital, surgical and medical insurance?" YES NO (Inserted at the request of ten or more registered voters . ) To vote YES or NO by ballot on the following question: "Shall this town accept the provisions of sections one, two and three of chapter one hundred thirty-nine of the General Laws, a fair and concise summary of which appears below?" Section one provides for adjudication of burnt, dilapidated or dangerous building as nuisance; hearing; notice; and service of order. Section two provides for appeal to the superior court by person aggrieved by such order . Section three provides for abatement or removal of such nuisance by the selectmen. YES NO -3- 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 sixteenth day of March, 1964, 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 4. To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing year and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including any special funds, or by any combination of these methods, or act in any other manner in relation thereto. ARTICLE 5. To see if the Town will establish the salary and 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. 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, 1965, 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 of the General Laws. ARTICLE 7. 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 !4. of the General Laws, or act in any other manner in relation thereto. -4- ARTICLE 8. 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 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. ARTICLF +0. To see if the Town will authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1964, or act in any other manner in relation thereto. ARTICTP 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 Selectmen on behalf of the Town to purchase, take by eminent domain or otherwise acquire for the future alteration, relocation or widening of Massachusetts Avenue, and other public purposes, all or any part of a parcel of land situated on the north- easterly side of Massachusetts Avenue between Meriam Street and Depot Square in Lexington and having a uniform width of fifteen feet as measured at right angles between side lines; 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. ARTICLE 13. 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 14. 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 15. 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 in- stallation and land acquisition and determine whether the money shall be pro- vided 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. • -5- ARTICLE 16. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine, 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 availthle funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 17. 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 18. 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 19. To see if the Town will authorize the Selectmen to install curbing in 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 combi- nation of these methods ; or act in any other manner in relation thereto. ARTICLE 20. To see if the Town will appropriate a sum of money for highway maintenance under the autizority 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. • -6- ARTICLE 21. 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, including any funds that may be made available to the Town under the provisions of Chapter 822 of the Acts of 1963, of 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 permanent street construction and determine whether the money shall be pro- vided by the current tax levy, by transfer from available funds or by borrow- ing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICT,F 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. 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 equ=pment ; or act in any other manner in relation thereto. ARTICLE 25. To see if the Town will make supplementary appropriations to be used in conjunction with money appropriated in prior years forthe 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. 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 1965 Annual Town Meeting; or act in any other manner in relation thereto. -7- ARTICLE 27. 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. J _8_ ARTICLE 28. 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 playground or recreational or school purposes, or any combination of said purposes, and will authorize the Selectmen to acquire by purchase, eminent domain, or otherwise, the land or rights therein that are recommended for such purposes ; appropriate money for such appraisals, 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 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 vote to accept a gift in the amount of *1,000.00 under the will of Marion W. Atwood, the income to be used to aid in the care of Munroe Cemetery and in particular for the perpetual care of Lot twenty-one, or act in any other manner in relation thereto. ARTICLE 31. 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. -9- ARTICLE 32. To see if the Town will appropriate a sum of money for the purchase of a new ambulance and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any com- bination of these methods; or act in any other manner in relation thereto. ARTICLE 33. To see if the Town will appropriate a sum of money for the purchase of a fire engine for the Fire Department and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto . ARTICTP 34. To see if the Town will vote to change to Holmes Road the name of Alcott Road for that part of an accepted way extending from Burroughs Road a distance of 1546 feet, more or less, westerly to Thoreau Road. ARTICT.F 35. To see if the Town will raise and appropriate a sum of money to pay the necessary expenses of the General By-Laws Committee appointed pursuant to the vote adopted under Article 31 of the Warrant for the 1963 Annual Town Meeting; or act in any other manner in relation thereto. ARTICLE 36. To see if the Town will authorize the committee appointed pursuant to the vote adopted under Article 32 of the Warrant for the 1963 Annual Town Meeting to retain professional services and prepare preliminary plans, specifications and cost estimates for the construction of public facilities in or near the Battle Green District, so-called, or elsewhere in the Town; appropriate money for such purposes and determine whether the money shall be provided br.•the current tax levy Or ty''transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 37. To see if the Town will raise and appropriate a sum of money for the purpose of defraying the initial costs and annual administrative expenses of the Lexington Housing Authority authorized to be organized pursuant to the vote adopted under Article 6 of the Special Town Meeting held on November 25, 1963; or act in any other manner in relation thereto. -10- ARTICLE 38. To see if the Town will authorize the Selectmen on behalf of the Town to acquire by purchase, by eminent domain or otherwise, or by lease, land or interests therein situated on Waltham Street in Lexington and shown as Lot A on a plan recorded in Middlesex South District Registry of Deeds, Book 10436, Page 153, and containing 10,436 square feet according to said plan, for the purpose of an off-street parking area and access thereto; and appropriate money for the acquisition of the land and for the construction and operation of the parking area and facilities, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including the Parking Meter Fund, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 39. To see if the Town will authorize the Selectmen in the name and on behalf of the Town to convey to the Trustees of Hartwell Lexington Trust under Declaration of Trust dated June 2, 1960 and recorded in Middlesex South District Registry of Deeds, Book 9623, Page 33, two parcels of land, which abut upon land of said trustees, substantially as shown and marked Parcels 10 and 11 on plan entitled "Plan of Land Hartwell Avenue Lexington, Mass." dated February 7, 1964, John J. Carroll, Town Engineer, a copy of which is on file in the office of the Town Engineer, and being a part of the land acquired by the Town for a refuse disjosal site and for sewer, water, drain and street purposes by order of the Board of Selectmen dated January 22, 1962 and recorded in said Deeds, Book 9974, Page 500, and no longer required by the Town, such conveyance to be in consideration of the conveyance by said trustees of two parcels of land substantially as shown and marked Parcels 8B and 8C on said plan, and release by said trustees to the Town of all claims for damages arising from the taking by the Town of rights and easements for the purpose of providing access to said refuse disposal site, said taking having been made by order of the Board of Selectmen dated August 6, 1962 and recorded in said Deeds, Book 10096, Page 1; or act in any other manner in relation thereto. -11- ARTICLE 40. To see if the Town will appropriate a sum of money for the application of aluminum siding to the East Lexington Branch Library, 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 41. To see if the Town will appropriate a sum of money for landscaping and grading and wall and fence construction at the Cary Memorial Library, 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 42. To see if the Town will appropriate a sum of money for preliminary plans, engineering survey and layout for the construction and development of recreational facilities on land adjoining the Harrington School, 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 43. To see if the Town will appropriate a sum of money for the construction and development of new recreational facilities on land adjoining the Estabrook School, 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. ARTICLE 44. To see if the Town will appropriate a sum of money for the construction and development of a recreational play area on either or both of two adjoining parcels of land of the Town in East Lexington, one of which parcels was acquired pursuant to vote adopted under Article 42 Annual of the Warrant for the 1959/Town Meeting and the other of which was Annual acquired pursuant to vote adopted under Article 38 of the 1960/Town Meeting, 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. -12- ARTICLE 45. To see if the Town will authorize the Standing School Building Committee appointed under authority of the vote adopted under Article 37 of the warrant for the 1957 Annual Town Meeting to enter into a contract or contracts for the construction and original equipping and furnishing of alterations and additions to the existing senior high school, and to supervise the work; appropriate 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. ARTICLE 4.6. 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 the construction and original equipping and furnishing 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; appropriate money for such purposes and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including any unexpended balances in current appropriations, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 47. To see if the Town will provide for and authorize a committee to retain professional services and prepare preliminary plans , • specifications and cost estimates for the construction of a new elementary school building; appropriate 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 any combination of these methods; or act in any other manner in relation thereto. / ,r • -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, Bryant Road from Lowell Street a distance of 1900 feet, more or less, to beyond Page Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 49 . To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Fairbanks Road from Shade Street a distance of 2517 feet , more or less, easterly, southerly, easterly, and northerly to Tufts Road as laid out by the Selectmen and whown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 5p . To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Fessenden irlay from Rolfe Road a distance of 990 feet, more or less, easterly to Marshall Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 . APLTICLE 51. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Marshall Road from Woburn Street a distance of 830 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, 1964, 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 52., To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Hill Brook Road from 210 feet, more or less, southeasterly of Suzanne Road to 240 feet, more or less, north- westerly of Suzanne Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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, Page Road from Bryant Road a distance of 895 feet, more or less, easterly and northerly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 54. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Phinney Road from Tufts Road a distance of 628 feet, more or less, westerly 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, 1964, and to take by eminent domain, purchase or otherwise acquire any fee, easement 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 55 . To see if the Town will vote to establish as a town way , and accept the layout of as a town way, Rogers Road from Fessenden Way a distance of 375 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, 1964, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; end raise and appropri- ate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. -15- ARTICLE 56 . To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Rolfe Road. from Woburn Street a distance of Ji!O feet, more or less, northerly to Fessenden Way as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 7, 1964, 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 57. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Sanderson Road from Bryant Road a distance of 453 feet, more or less , southerly and 670 feet, more or less, northerly as laid out by the Selectmen and shown upon a plan on file in the office of the Tti.,wn Clerk, dated January 7, 1964, 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 . ARTICT,R 58. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Suzanne Road from Mill Brook Road a distance of 667 feet, more or less, northerly and westerly, as laid out by the Selectmen and shown upon a pl_n on file in the office of the Town Clerk, dated January 7, 1964, 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 acouisition; or act in any other manner in _-elation 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, Tufts Road from Marrett Road a distance of 2473 feet, more or less , southerly to Fairbanks Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated Janu ry 7, 1964, 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 . V -16- ARTICLE 60. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Albemarle Avenue from Melrose Avenue a distance of 830 feet, more or lesq northerly to Rawson 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, 196L, and tc 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 61 . :o see if the Town will vote to establish as a town way, and accept the layout of as a town way, Blake Road from Burlington Street a distance of 615 feet, more or less , northerly to Nowers Road as laid out by the Selectmen under the Betterment Act and shown upon a plcn on file in the office of the Town Clerk, dated January 7, 1964, 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 62 . To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Dunham Street from Utica Street a distance of 473 feet, more or less, easterly 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, 1964, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary then . for ; 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 63. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Nowers Road from Henderson Road a distance of 625 feet, more or less, southerly and southwesterly 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 Tdwn Clerk, dated January 7, 196 ., 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 64. To see if the Town will vote to establish as a town way, and accept the layout of as a town way, Sullivan Street from Winter Street a distance of 348 feet, more or less, westerly as laid out by the Selectmen under the Betterment Act and shown upon a planon file in the office of the Town Clerk, dated January 7, 1964, 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. -18- ARTICLE 65 . To see if the Town will vote to amend the Zoning By-Law by striking out Sub-section (a) of Section 4 thereof, under the caption "R 1 - One family dwelling districts.", and by inserting in place thereof the following: "(a) R 1 - One family dwelling districts. Every part of the Town not shown on the Zoning Map or not hereinafter specifically designated as a district other than R 1 is hereby specifically made an R 1 district. " ARTICLE 66 . To see if the Town will vote to amend the Zoning By-Law by adding, after Sub-section (g) of Section 114, the following: "(h) In any instance where, by reason of any section of this By-Law, a parking area is required to be provided for a permitted building, but where the Board of Appeals determines that the complete development of the required parking area is not currently necessary, to permit the owner, for a period not exceeding two years, to limit his development of the area for present actual parking use to not less than one-half of the total requiredxarking area. ARTICLE67. To see if the Town will vote to amend the Zoning By-Law by striking out Sub-section (k) entitled "Story", in Section 2 entitled "Definitions", and by inserting in place thereof the following: "(k) Story - That portion of a building contained between any floor and the floor or roof next above it, but not including either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy. " ARTICLE 68 . To see if the Town will vote to amend the Zoning By-Law by striking out from Section 5, Sub-section ( j) , Paragraph 2.a. thereof, relating to buildings and uses in C 4 districts, the words "not exceeding two stories in height", so that said Paragraph 2.a. shall read as follows: "a. Office buildings. " -19- ARTICLE 69 . To see if the Town will vote to amend the Zoning By-Law by inserting at the end of Sub-section (a) of Section 7 thereof, the following: "In C4 districts, buildings shall not exceed two stories and a maximum height of forty feet. " ARTICLE 70. To see if the Town will vote to amend the Zoning By-Law by striking out from Section 8, Sub-section ( j) , Paragraph l.b. thereof, relating to yards in C 4 districts, the second sentence, and by inserting in place thereof the following: "Within such 50 feet from each street, highway and district boundary, there shall be permitted only (1) green areas' of grass, plants, shrubs and trees, (2) walks, driveways and parking facilities occupying not more than fifty percentum of the area, and (3) gates or security stations . " • . • -20- ARTICLE 71 . To see if the Town will vote to amend the general by-laws of the Town of Lexington by adding at the end of Section 39, Art. XXIV the following new paragraph: "The aforesaid discretionary powers of the Board of Selectmen or the Chief of Police to issue permits shall be exercised only for such land or area as has first in writing been certified by a committee that the discharge of a specified type of firearms will not violate existing statutes for the Commonwealth of Massachusetts pertaining to the discharge of firearms . The said committee shall be comprised of a member of the Board of Selectmen, a member of the Conservation Committee and a member of the Recreation Committee, each of whom shall annually be appointed to said committee for a period of one year by their respective Board or Committee. " After the aforesaid amendment, said Section 39 will read as follows : "No person shall without a written permit from the Board of Selectmen or the Chief of Police and a written permit from the owner or occupant of land fire or discharge any rifle, shot-gun, air-rifle or pistol on or across any land within the confines of the Town, ut this section shall not prevent the use of such fire-arms in the lawful defense and protection of one' s person or other human being or property, nor to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges duly approved by the Chief of Police. "Any person desiring to discharge said fire-arms or air-rifles must first obtain a written permit specifying the locus from the owner or occupant of the land upon and across which one desires to discharge said firearms or air-rifles , aid permit shall then be presented to the Board of Selectmen or to the Chief of Police and if the discharge of the above firearms or air-rifles upon and across the locus specified does not, in the opinion of the Board of Selectmen or the Chief of Police, endanger the safety of persons or property of others, the Board of Selectmen or the Chief of Police shall issue a written permit to allow such discharge and impose such safety conditions or precautions as they deem necessary. "The aforesaid discretionary powers of the Board of Selectmen or the Chief of Police to issue permits shall be exercised only for such land or area as has first in writing been certified by a committee that the discharge of a specified type of firearms will not violate existing statutes for the Commonwealth of Massachusetts pertaining to the discharge of firearms . The said committee shall be comprised of a member of the Board of Selectmen, a member of the Conservtion Committee and a member of the Recreation Committee each of whom shall annually be appointed to said committee for a period of one year by their respective Board or Committee. " (Inserted at the request of ten or more registered voters ) ARTICLE 72. "To see if the Town will vote to prohibit hunting in the Town and to establish penalties for the violation of such prohibition, or act in any other manner in relation thereto. " (Inserted at the request of ten or more registered voters . ) • -21- ARTICLE 73 . To see if the Town will vote to amend the Zoning By-Law as follows : By adding at the end of sub-section (d), Section 4 thereof, under the caption "C2-General business districts", a new paragraph to read as follows: Beginning at a point in the southwesterly line of Bedford Street which point is the northeasterly corner of land now or formerly of Katherine Corbett and Mildred F. Johnson; thence S 58° 32' 10" W 276.60 feet; thence N 36° 17' 00" W 83.00 feet; thence N 60° 11' 50" E 285.25 feet; thence S 29° 54' 40" E 75.00 feet to the point of beginning being all of said measurements more or less. (Inserted at the request of ten or more registered voters. ) ARTICLE 74 . "To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by adding at the end of Section 4 (g) A 1 - Garden apartment and hotel district - the following new paragraph: A district on the northwesterly side of Waltham Street, bounded and described as follows : Southeasterly by Waltham Street, by several courses, one thousand twenty four and 45/100 (1024.45) feet; Southwesterly and westerly by two courses by land now or formerly of Stearns, two hundred forty nine and 02/100 (249.02) feet; Northwesterly, westerly and northerly, by several courses as the wall now stands, by land now or formerly of Wright, one thousand thirty- seven and 56/100 (1037.56) feet; and Northeasterly by land of said Wright, twenty-eight and 30/100 (28.30) feet. " (Inserted at the request of ten or more registered voters. ) ARTICLE 75 . To see if the Town will vote to amend the Zoning By-Law as follows: I. By inserting after Paragraph 1, in sub-section (i) of Section 4 thereof, under the caption CH 1- Commercial and hotel districts, the following paragraph 2 to read as follows: "2. There is excluded from the above district the land on the Southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows: Northeasterly by Bedford Street 273.10 feet more or less; Southeasterly by land of Howard A. Smith in two courses being 98.52 feet more or less and 101.78 feet more or less, respectively; Northeasterly again by land of said Smith 135.70 feet more or less; Southeasterly again by land now or formerly of Home Guardian Company in two courses being 355.62 feet more or less and 514.14 feet more or less, respectively; Southwesterly by land now or formerly of Onel Deflice 355.00 feet more or less to the Southeasterly boundary of Hinchey Road; Northwesterly by said Hinchey Road in two courses being 383.30 feet more or less and 114.49 feet more or less, respectively; Northeasterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road 120.00 feet more or less ; Southwesterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road in two courses being 100.00 feet more or less and 330.15 feet more or less, respectively; Northerly by said Hinchey Road 82.75 feet more or less, to the junction of said Hinchey Road and Bedford Street. V -22- II. By adding at the end of Section 4, (g) Al- garden apartment districts, the following new paragraph: A district on the southwesterly side of Bedford Street at the corner of Hartwell Avenue and said Bedford Street being bounded and described as follows : Northeasterly by Bedford Street 273.10 feet more or less; Southeasterly by land of Howard A. Smith in two courses being 98.52 feet more or less and 101.78 feet more or less, respectively; Northeasterly again by land of said Smith 135.70 feet more or less; Southeasterly again by land now or formerly of Home Guardian Company in two courses being 355.62 feet more or less and 514.14 feet more or less, respectively; Southwesterly by land now or formerly of Onel Deflice 355.00 feet more or less to the Southeasterly boundaryof Hinchey Road; Northwesterly by said Hinchey Road in two courses being 383.30 feet more or less and 114.49 feet more or less, respectively; Northeasterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road 120.00 feet more or less; Southwesterly by said Hinchey Road 55.00 feet more or less; Northwesterly by said Hinchey Road in two courses being 100.00 feet more or less, and 338.15 feet more or less, , respectively; North rly by said Hinchey Road 82.75 feet more or less, to the junction of/eh'ohey Road and Bedford Street. (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 so as to change certain land from an R-1 District to a C-2 District by adding at the end of paragraph 5 in Section 4 (d) C-2 --General business districts, the following:-- Said district shall also include adjoining land bounded as follows : Easterly by land described in the preceding sentence Three Hundred Forty-two and 93/100 (34.2.93) feet; Southerly by land of Rayco Realty Trust Sixteen and 37/100 (16.37) feet; Westerly by land now or formerly of Whalen Three Hundred Twenty-seven and 40/100 (327.4.0) feet; and Northerly by Worthen Road, Sixty-six and 69/100 (66.69) feet. (Inserted at the request of ten or more registered voters . ) ARTICLE 77 . To see if the Town will make an appropriation to the Stabilization Fund established under Section 5B of Chapter 40 of the General Laws, as amended; or act in any other manner in relation thereto. ARTICLE 78. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1964 tax rate; or act in any other manner in relation thereto. • -24 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 tenth day of February, A.D., 1964. A true copy, Attest: PAUL E. FURDON, Constable of Lexington T/�,, , �� // , 7 t: i__ j^ / Selectmen 1 c. i.�LLc/2,c.c.ei.,JC of 20-4.-.LA (.1.9a121:7.-.6.4 Lexington CONSTABLE' S RETURN To the Town Clerk: February iq , 1964 Nave 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 /O days before the time of said meeting. O� /1 Attest: v r f- Constable of Lexington